Agenda 08-07-07
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
AUGUST 7, 2007
Jerry Taylor
Mayor - At Large
Kurt Bressner
City Manager
DISTRI T I
Jose Rodriguez
Vice Mayor
Ron Weiland
Commissioner - District I
Mack McCray
Commissioner - District II
Carl McKoy
Commissioner - District IV
James Cherof
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
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WELCOME
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."
. 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).
S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
Revised Final Draft Agenda
August 7, 2007
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Dr. Solomon Rothstein - Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray
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. City Services Institute will be held September 10 -- November 19, 2007 to
acquaint residents and business owners with the structure of City
government and to provide them with information and tours of City facilities
in an entertaining and informative manner that will enable them to become
more fully involved in the community. Participants will be charged $25 each.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. Florida Water Professional Week -- August 6 - 10, 2007.
Agenda
Regular City Commission
Boynton Beach, FL
August 7, 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
IV McKoy Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09
III Rodriguez Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (2)
Mayor Taylor Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07
III Rodriguez Cemetery Board Alt 9 mo term to 12/07
Mayor Taylor Code Compliance Board Alt 9 mo term to 12/07
I Weiland Code Compliance Board Alt 9 mo term to 12/07
Mayor Taylor Community Relations Board Alt 9 mo term to 12/07 Tabled (2)
IV McKoy Community Relations Board Alt 9 mo term to 12/07 Tabled (3)
I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/08
II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07
III Rodriguez 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 NfV 9 mo term to 12/07
II McCray Recreation & Parks Board Alt 9 mo term to 12/07
Mayor Taylor Veterans Advisory Commission Alt 9 mo term to 12/07
I Weiland Veterans Advisory Commission Reg 33 mo term to 12/09
II McCray 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. Budget Workshop - July 10, 2007
2. Agenda Preview Conference - July 13, 2007
3. Regular City Commission - July 17, 2007
2
Agenda
Regular City Commission
Boynton Beach, FL
August 7, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
1. Award the "RE-BID OF REQUEST FOR QUALIFICATIONS FROM AN
OPERATOR TO ASSEMBLE, CONSTRUCT (interior) AND OPERATE A 808
SQFT CAFE FOR A FIVE YEAR LEASE INSIDE THE NEW BOYNTON BEACH
LIBRARY", RFQ #061-261O-07/JA to Big Brothers Inc., d/b/a P. Logan's
Coffee of Wellington, Florida per terms of the lease agreement. Monthly
lease payments will be made to the City of Boynton Beach in the amount
of $1,500 per month to be increased by 2.5 percent annually thereafter.
In addition the City will receive $200 per month for utility expenses for
total revenue in the amount of $1,700 per month.
2. Approve a three-year contract with PHILLIPS & JORDAN, INC. of
Robinsville, NC, for Debris Collection and Disposal 2007 Hurricane
Season. The RFP #07-240, is to be utilized as an insurance policy on an
'AS NEEDED BASIS". All expenditures will be eligible for reimbursement
from FEMA. (Proposed Resolution No. R07-084)
C. Resolutions
1. Proposed Resolution No. R07-079 RE: Amending
Rule #17 and Rule #3-M of the Cemetery Rules & Regulations.(Tabled
to August 7, 2007) (Request to table to August 21, 2007)
2. Proposed Resolution No. R07-085 RE: Approving and
authorizing execution and payment of the annual service agreement
between Motorola and the City of Boynton Beach in the amount of
$131,753.28.
3. Proposed Resolution No. R07-086 RE: Approving and
authorizing execution of an Agreement between Palm Beach County and
the City of Boynton Beach to provide funding in an amount up to
$380,000 for improvements to Boat Club Park.
4. Proposed Resolution No. R07-087 RE: Approving the
adoption of the City of Boynton Beach Five Year Consolidated/One Year
Action Plan for Community Development Block Grant funding for FY
2007/2008, and the contracts for subgrantees to reflect the proposed
expenditures as outlined in program impact.
5. Proposed Resolution No. R07-088 RE: Approving,
Task Order #1 for the RFP: "SCADA and Telemetry Goods and Services"
RFP #037-2821-07/0D in the amount of $1,394,247.90.
6. (Intentionally left blank)
3
Agenda
Regular City Commission
Boynton Beach, FL
August 7, 2007
7. Proposed Resolution No. R07-089 RE: Approving and
authorizing execution of Library Change Order #9 wherein the current
contractual date of Substantial Completion of the work is revised to July
13, 2007 and also approve a revised contract award amount to Sessoms
Construction in the amount of $6,710,717.95, plus contingency amount
of $200,000 for a total contract amount of $6,910,717.95.
8. Proposed Resolution No. R07-90 RE: Ratifying the
action of the South Central Regional Wastewater Treatment & Disposal
Board action of July 19, 2007.
a. Accepting the 2007/2008 organizational chart and salary range
revision.
b. Accepting the 2007-2008 wastewater and reclaim O&M budgets
and wastewater repair and replacement expenditures.
c. Authorizing the Board to establish a reclaim user rate to
consumers (Delray and Plant) for fiscal year 2007/2008 of
$0.28/1,000 gallons.
d. Authorizing the establishment of a user rate in Fiscal Year 2007-
2008 for wastewater in the amount of $.85/1,000 gallons for
Operations and Maintenance and $.18/1,000 gallons for reserves
bringing the total to $1.03 per 1,000 gallons.
e. Authorizing approval of Hazen and Sawyer's Consulting Services
Work Order No. 07-005 to provide construction phase services for
the construction of the Reclaimed Water System Expansion to 24
MGD in the amount not to exceed $510,080 to be split 50/50 from
each City's Capital Funds.
f. Authorizing the increase of J,J. Kirlin's Contract for constructing
the 6-MGD Reuse Expansion with a Change Order by $98,322
increasing the total contract from $5,315,000 to $5,413,320. The
amount of these expenditures is to be split 50/50 from each City's
Capital Funds.
g. Authorizing Robert J. Hagel to execute the contract with
Youngquist Brothers, Inc. for $6,297,384 on behalf of the Board
to construct the deepwell after the FDEP Permit for construction
of the injection well becomes final. The amount of these
expenditures is to be split 50/50 from each City's Capital Fund.
h. Authorizing Robert J. Hagel to execute the contract with John J.
Kirlin, Inc. for $9,912,500 on behalf of the Board to construct the
Reclaimed Water System expansion to 24 MGD when FDEP Permit
4
Agenda
Regular City Commission
Boynton Beach, FL
August 7, 2007
becomes final. The amount of these expenditures is to be split
50/50 from each City's Capital Fund.
D. Approve the PRESERVE AT BOYNTON BEACH Record Plat, conditioned on the
approval being the certification of the plat documents by H. David Kelley, Jr.,
(City Engineer and Surveyor and Mapper).
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A.
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Location:
Descri ption:
HARBOR CAY (SPTE 07-006)
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
Harbor Cay, LLC
East side Federal Highway; approximately 160 feet north of
Gateway Boulevard.
Request for a one (1) year site plan time extension for Harbor Cay
(NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to
May 2, 2008. (Tabled to August 21, 2007)
ALLEY BETWEEN NE 7th AVENUE/NE 8th AVENUE (ABAN
07-003)
City-initiated
Alley between NE 7th Avenue and NE 8th Avenue, east of Federal
Highway.
Request for abandonment of an alley between NE 7th Avenue and
NE 8th Avenue, along the boundary of the Lake Addition and
Boynton Place Subdivisions. (1st Reading of Proposed
Ordinance No. 07-019)
IX. CITY MANAGER'S REPORT:
A. Authorization to pursue the formation of a 501c3 not-for-profit corporation called
the Boynton Beach Community Foundation and to develop the slate of Board of
Directors for initial appointment by the City Commission.
B. Request for direction and authorization from City Commission regarding
Veteran's Memorial proposed by the Veteran's Council.
5
Agenda
Regular City Commission
Boynton Beach, FL
August 7, 2007
X. FUTURE AGENDA ITEMS:
A. Discussion of disposition of Old High School -- August 21, 2007.
XI. NEW BUSINESS:
A. Discussion of City Ordinance 00-69.
B. Discussion of City Resolution 07-065.
C. Discussion of City Resolution 03-164.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-017 RE: Amending the
City of Boynton Beach Code of Ordinances, Chapter 16, "Parks and
Recreation", Article II, "City Parks and Beaches", City of Boynton Beach
Code of Ordinances.
2. Proposed Ordinance No. 07-018 RE: Amending
Chapter 26, Water, Sewers and City Utilities, amending Section 26-42
deleting paragraph (8) relating to the surcharge for potable water during
the declaration of a water shortage or water shortage emergency.
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
6
Agenda
Regular City Commission
Boynton Beach, FL
August 7, 2007
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEmNG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda 08/06/07 10:30 a.m.
S:\CC\WP\CCAGENDA\AGENDAS\year 2007\080707 Final Draft.doc
7
lH.-ANNOUNCEMENTS & PRESENTATIONS
Item A.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\...
Requested City Commission Date Final Fonn 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
0 May 15, 2007 April 30, 2007 (Noon) 0 July 17,2007
0 June 5, 2007 May 14,2007 (Noon) rgJ August 7, 2007
Date Final Fonn Must be Turned
in to City Clerk's Office
June 4, 2007 (Noon)
June 18, 2007 (Noon)
July 2, 2007 (Noon)
July 16, 2007 (Noo.!!)
(=._~~
NATURE OF
AGENDA ITEM
rgJ AnnouncementslPresentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o
o
o
o
o
City Manager's Report'-
New Business G~I
Legal
Unfmished Business
~.
RECOMMENDATION: Permit announcement
EXPLANA TION: The City will hold a City Services Institute from September 10-November 19, 2007. This 1 O-week course
was developed to acquaint residents and business owners with the structure of City government and to provide them with
information and tours of City facilities in an entertaining and informative manner that will enable them to become more fully
involved in the community. The goal of the Institute is to open the doors of City government and discover a wealth of
information that will make participants a rea] authority and resource for their neighbors, organizations and clubs. By the end
of the course, which includes a graduation ceremony and dinner, participants will have a better understanding of how the City
operates and will have established relationships with department directors and staff that will enable them to more easily
conduct their business with the City.
PROGRAM IMPACT: This announcement will heighten public awareness of the City Services Institute and encourage
participation.
FISCAL IMPACT: $2,300 has been budgeted for this activity and will come from 001-1212-519-49-17 ($1,200); 001-
]212-519-48-01 ($650); and 001-1212-519-47-10 ($500). Participants will be charged $25 each to help cover class materials
and ensure commitment and attendance.
ALTERNATIVES: Not permit announcement
-tJ~"L ~ ~fi~
Departm t Hea . SIgnature
)
41ay/~
City Manager's Signature
Assistant to City Manager C;u{J
Public Affairs
Department Name
City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\...
In.-ANNOUNCEMENTS & PRESENTATIONS
Item C.1.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)
0 May 15,2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14, 2007 (Noon) [2J August 7, 2007 July 16,2007 (Noon)
NATURE OF
AGENDA ITEM
[2J Announcements/Presentations
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
c.....
(=~~~
r.....~'-
G..:'
-;
RECOMMENDATION: Present Proclamation
G.
EXPLANA TION: Each year, the Florida Water & Pollution Control Operators Association recognizes water, wdstewafer
and system operators for their dedication in maintaini.ig water quality in the state of Florida. The association does this by .
proclaiming a week in the month of August as "Florida Water, Wastewater and Systems Operators Week." This year, the
organization is expanding its recognition to all water industry employees and is renaming the occasion to Florida Water
Professional Week and has asked the City to join in recognizing the efforts of water, wastewater and system operators by
issuing this proclamation.
PROGRAM IMPACT: This proclamation will help heighten public awareness of the role of Florida water professionals in
protecting the health of citizens and preserving natural resources.
FISCAL IMPACT: None
AL TERNA TIVES: Not present Proclamation
UJ~~L ~~
Depa . t H. 's Signature
~~
City Manager's Signature
Assistant to City Manager
cM../
Public Affairs
City Attorney / Finance
Department Name
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM. DOC
PROCLAMA TION
Clean water is essential for good health, recreation, fish and wildlife, and industry. Water
treatment plant operators treat water so that it is safe to drink. Wastewater treatment plant
operators remove harmful pollutants from domestic and industrial wastewater so that it is
safe to return to the environment.
Throughout the state of Florida, these trained, dedicated and knowledgeable personnel
design, operate and maintain water and wastewater plants; design, operate and maintain
distribution systems, wastewater collection and storm water drainage systems; perform
laboratory analysis; and provide customer service.
Each year, the Florida Water & Pollution Control Operators Association recognizes
operators for their dedication in maintaining water quality in the state of Florida. This
year, recognition has been expanded to all water industry employees for their
commitment to maintaining drinking water quality and preserving natural resources in
Florida.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, Florida, hereby proclaim August 6-10,2007, as:
Florida Water Professional Week
in Boynton Beach and urge all citizens to reflect on the valuable service provided to the
community by these water professionals.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 7th day of August,
two thousand and seven.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
V. ADMINISTRATIVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 8/7
NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION
SUBMITTED
Barnes Matthew Planning & Arts Commission 03/05/07
Development Board
Cwynar William Planning & 02/28/07
Development Board
* * * Leuchter Kurt Veterans Advisory 5/9/07
Commission
***Kurt Leuchter lives outside the City limits. The Veterans Advisory Commission does
allow one regular member and one alternate member to reside outside the City limits.
Those two positions are currently filled.
1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1u
VI.-CONSENT AGENDA
ITEM 8.1
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)
0 May 15,2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14, 2007 (Noon) ~ August 7, 2007 July 16, 2007 (Noon)
r'-.....:.'i
0 AnnouncementslPresentations 0 City Manager's Report , ,
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM (..,.
r8J Consent Agenda 0 Legal , '
\",.JC"
0 Code Compliance & Legal Settlements 0 UnfInished Business ,...
0 Public Hearing 0
RECOMMENDATION: A motion to award the "RE-BID OF REQUEST FOR QUALIFICATIONS FROM A.t~
OPERATOR TO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A 808 SQFT CAFE FOR A (5) FIVE
YEAR LEASE INSIDE THE NEW BOYNTON BEACH LIBRARY", RFQ# 061-2610-07/JA to Big Brothers Inc., dba
P. Logan's Coffee, of Wellington, Florida per terms of the lease agreement attached. Monthly lease payments will be
made to the City of Boynton Beach in the amount of $1,500.00 per month to be increased by 2.5 percent annually
thereafter. In addition the City will also receive $200.00 per month for utility expenses for total revenue in the amount
of $1,700.00 per month.
EFFECTIVE DATE OF LEASE: August 8, 2007 to August 7, 2008
EXPLANATION: At the April 30, 2007 bid opening for the RFQ for Cafe operations Procurement Services received
zero (0) proposals. Upon receiving zero (0) proposals Procurement Services re-bid the Request for Qualifications
for the Cafe Operations and on July 10, 2007 opened and tabulated one (1) proposal. The review team made an
unexpected visit to their store in Wellington and found the food to be of high quality as well as experiencing superior
customer service. The premises were very clean and well maintained. They found the owner to be professional and
very interested and excited about the possibilities of the Library location.
PROGRAM IMPACT: The City of Boynton Beach is seeking an operator to assemble, construct (interior) and
operate a cafe for a 5 (five) year lease inside the new Boynton Beach City Library, located at 208 S. Seacrest Blvd,
Boynton Beach, Florida.
FISCAL IMPACT: The lease agreement will be $1,500.00 per month, with an additional $200.00 per month for the
use of utilities for a total of $1,700.00 monthly.
Comparable Data: The City of Delray Library leases a 934 sqft cafe for $1,500.00 per month compared to the City of
Boynton's proposed lease of a smaller facility which is 808 sqft for $1,700.00 per month. The City of Boynton Beach
also receives $2,100.00 per month for the lease of the Oceanfront Park (Beach) concession stand. Procurement
Services opinion is that the proposed $1,700.00 per month is a fair and equitable amount of rental income for the size
and type of space the vendor will be operating.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
REVENUE ACCOUNT
Rents & Royalties/
Library Cafe
001-0000-362-83-00
TOT AL A..~NUAL INCOME
Lease Agreement
$20,400.00 Year One (12 month period)
$20,850.00 Year Two
$21 ,311.25 Year Three
$21,784.03 Year Four
$22.268.63 Year Five
*Note: $200.00 per month for utilities is a fixed cost year one (1) and is negotiable thereafter.
ALTERNATIVES: The only alternative to this would be to elect not to have a cafe within our new library.
z$~
As nt D, ector of Fmance
JraZ~
City Manager's Signature
Department Name
Procurement Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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BOYNTON BEACH CITY LIBRARY
208 South Seacrest Blvd
Boynton Beach, Florida 33435
Craig B. Clark, Library Director
Phone (561) 742-6380
FAX (561) 742-6381
www.boyntonlibrary.org
,
TO: Bobby Jenkins, Assistant Finance Director
FROM: Craig Clark, Library Director \
DATE: July 12, 2007
RE: Library Cafe Bid Recommendation
One Request for Qualifications (RFQ) was submitted to me by our Procurement
Department for the lease of the Library Cafe Space.
The Bid Review Team consisted of Anne Watts, Assistant Library Director, Michael
Naughton, Network Administrator and 1.
It was unanimous that we would like to recommend the bid be awarded to Big Brother
Coffee, Inc., dba P. Logan's Coffee. Attached, please find our scoring criterion forms.
The review team made a surprise visit their store in Wellington and found the food to
be of high quality as well as experiencing superior customer service. We found the
owner to be professional and very interested and excited about the possibilities at the
Library location.
P. Logan's is willing to give a 15% discount of food and drink to City employees and
senior citizens. We find the pricing to be acceptable to market and believe they will
achieve great success here in Boynton. This will also attract new customers to use our
new City Library as well as creating a new revenue stream that will support the City's
General Fund by approximately $18,000 the first year.
Please recommend approval by the City Commission at the August 7, 2007 Commission
Meeting. The deadline to submit an Agenda Item Request to the City Clerk is July 16,
2007 at noon.
If you have any additional questions, please contact me at 6392.
The Boynton Beach City Library provides our customers
with the highest quality informational resources and personal service.
Proposal Review Score Sheet
RE-BID OF REQUEST FOR QUALIFICATIONS FROM AN OPERATORTO
ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FOR A 5 (FIVE)
YEAR LEASE INSIDE THE NEW BOYNTON BEACH CITY LIBRARY
'7' /7..-1--i
Firm Name:' )~ ~j_ 1i/lc:-{ju'.r
/1
v
Proposal Evaluation Criteria
Weight
*Rating
Weighted Rated
Franchise Experience
2
x :~
~
Proven Record of Financial Stability - Ability to p~ Monthly Lease Pq.yment
2 X"j V
Sample Menu -Food Selections
1 X (5' 5
1 X 4' if
. ,
C;' -'
1 X !7
Sanlple Menu - Pricing
Taste Testing
Ability, Experience & Willingness to Reconstruct the Space appropria~ly
2 X if ~(
Successful Submittal of Five Current Business Re~rences c:..
1 X tJ '--.j
Maximum score possible is 50
( . .3 c.r':/' t/;;'
~~,,).c/v::'--cL_~, - J L~
*Rating .
5 Excellent
4 Good
3 Acceptable
1-2 Poor
o Unacceptable
Ii ,/J., J
/'~L4- CU',c-IL--
!J Committee Member
COMMENTS:
13
Proposal Review Score Sheet
RE-BID OF REQUEST FOR QUALIFICATIONS FROM AN OPERATORTO
ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FOR A 5 (FIVE)
YEAR LEASE INSIDE THE NEW BOYNTON BEACH CITY LIBRARY
Fim1 Name:
\) \ .<
Y , \.-..~0<:::, c:::,.), $";,
.~
Proposal Evaluation Criteria
Weigh t
*Rating
Weighted Rated
Franchise Experience
2
x
~\
El-.,
, ,
/
/
Proven Record of Financial Stability - Ability to Pa~ ronthlY Lease pa~1en.c.....t
2 X_ L..... f~
Sample Menu -Food Selections S 5
X
Sample Menu - Pricing X 5 S
Taste Testing X S 5
Ability, Experience & Willingness to Reconstruct the Space appropriately
2 'X_~ I L/
Successful Submittal of Five Current Business References
n '=- \=-.
x. .J '-"
Maximum score possible is 50 ~/ l-:;
*Rating
5 Excellent
4 Good
3 Acceptable
1-2 Poor
o Unacceptable
Un" €- ~ CL\.i,.~
Committee Member
COlvIMENTS:
1 ~
:)
Proposal Review Score Sheet
RE-BID OF REQUEST FOR QUALIFICATIONS FROM AN OPERATORTO
ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FOR A 5 (FIVE)
YEAR LEASE INSIDE THE NEW BOYNTON BEACH CITY LIBRARY
Fim1 Name:
fSl~ ~v()k (0 {-fee
....--;-.
PAX-
Proposal Evaluation Criteria
Weight
*Rating
Weighted Rated
(~
Franchise Experience
2
x ;:;
Proven Record of Financial Stability - Ability to Pay Monthly Lease Parent
2 X 3
1
x
5'
L[
S
s
L{
S
Sample Menu -Food Selections
Sample Menu - Pricing
1
x
Taste Testing
1
x
Ability, Experience & Willingness to Reconstruct th~ Space appropriately V
2 X Y 0
Successful Submittal of Five Current Business Ref~nces
1 X ')
\
-/
* Rating
5 Excellent
4 Good
3 Acceptable
1-2 Poor
o Unacceptable
.--~..----........,
/' /-
./"' "
/'~4
Maximum score possible is 50
13
REQUEST FOR QUALICATIONS
FROM
AN OPERATOR TO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE
FOR A (5) FIVE YEARS INSIDE THE NEW BOYNTON BEACH CITY LIBRARY
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter refened to
as "the City", and BIG BROTHERS COFFE INC., D.B.A P. LOGANS COFFEE, hereinafter
refened to as "the Operator", in consideration of the mutual benefits, tenns, and conditions
hereinafter specified.
1. PROJECT DESIGNATION. The Operator is retained by the City to perfom1 Concessionaire
services in connection with the project designated REQUEST FOR QUALIFICATIONS
FROM AN OPERATOR TO ASSEMBLE, CONSTRUCT (INTERIOR) AND
OPERATE A CAFE FOR A (5) FIVE YEAR LEASE INSIDE THE NEW BOYNTON
BEACH CITY LIBRARY, located at 208 S. Seacrest Blvd, Boynton Beach, Florida.
I
SCOPE OF SERVICES. Operator agrees to perform the services, identified on Exhibit "B"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. LEASEHOLD PREMISES. The City agrees to lease to an Operator a portion of the
designated City facility located at the Boynton Beach City Library. Location is at the North
East comer, first floor of the ne\v two story addition. The facility, a concrete structure of
approximately 711 square feet, to include a 97 square feet storage room. The space is
designated as the "cafe", and is owned by the City of Boynton Beach, Florida and operated
for the selling of food and beverages for library patrons.
4. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Operator to proceed. Operator shall perform all services and
provide all work required pursuant to this operator for five (5) years from the date written
notice is given to proceed, unless an extension of such time is granted in writing by the City.
5. PAYMENT. The Concessionaire shall pay the City a sum of $1.500.00 each month for the
first twelve (12) months of the lease agreement. Subsequent payments each month shall be
based on Exhibit "B" attached hereto, a lease payment schedule based on the proposal from
Concessionaire dated Julv 08. 2007.
a. Said payment shall be made and received by the City on or before the 15t day of
each and every month. A late fee of 15% will be charged if payment is received after the
5th day of the month. Any monthly payment not received by the 25th day of the month
shall be grounds for tem1ination of the contract.
b. Operator will keep accurate records of all sales and receipts through the use of
electronic cash registers, which provide daily tapes and reports. The Operator \vill
prepare a monthly report to the City and attach copies of daily tapes of each report. The
CA-l
City will have the right to inspect the books, records and inventories of the Operator at
any given time. Monthly reports shall be due on the first of each month.
c. Final payment of any balance due the City of the total contract price will be made
promptly upon its ascertainment and verification by the City after the completion of
concession services under this agreement and its acceptance by the City.
d. Security deposit of $2,000.00 made by the Operator at time of award will be
returned to Operator at the end of the lease, without interest, after determination that the
Operator has fulfilled all terms of the lease and left the premises in adequate condition, as
deternlined by the Library Director.
e. The Operator's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after the final payments. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Operator in connection with the services rendered under this
agreement shall be the property of the City
7. COMPLIANCE WITH LAWS. Operator shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
8. INDEMNIFICATION. Operator shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Operator's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Operator.
9. INSURANCE. The Operator shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1 ,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within ten (10) days of notice of award and every year
thereafter upon renewal for the duration of the contract.
10. INDEPENDENT CONTRACTOR. The Operator and the City agree that the Operator is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Operator nor any employee of Operator shall
be entitled to any benefits accorded City employees by virtue of the services provided under
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this agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to Operator, or any
employee of Operator.
11. COVENANT AGAINST CONTINGENT FEES. The Operator warrants that he has not
employed or retained any company or person, other than a bonafide employee working
solely for the Operator, to solicit or secure this contract, and that he has not paid or agreed to
pay any company or person, other than a bonafide employee working solely for the Operator.
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. THE OPERATOR, WITH REGARD TO THE
WORK PERFORMED BY IT UNDER THIS AGREEMENT, WILL NOT
DISCRIMINATE ON THE GROUNDS OF RA.CE, COLOR, NATIONAL ORIGIN,
RELIGION, CREED, AGE, SEX OR THE PRESENCE OF ANY PHYSICAL OR
SENSORY HANDICAP IN THE SELECTION AND RETENTION OF EMPLOYEES
OR PROCUREMENT OF MATERIALS OR SUPPLIES.
13. ASSIG~1vfE1'~T. TIle Operator shall not sublet or assign an)' of the ser~,!ices covered b)-' this
agreement without the express written consent of the City.
14. NON- \^1i.~IVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. The City reserves the right to terminate this agreement thirty (30) days after delivery of
written notice of such termination and reason (s) for the lease termination.
b. In the event of the death of a member, partner or officer of the Operator, or any of its
supervisory personnel assigned to the project, the surviving members of the Operator
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Operator and the City, if the City so chooses.
c. This lease agreement may be terminated immediately for default of monthly payn1ent as
stated in item # 5-A of this contract.
d. This lease agreement may, at the option of the City, be tenninated immediately if the
Operator shall become insolvent or bankrupt, make an assignment for the benefit of
creditors or be convicted of a crime or any other similar gross misconduct.
CA-:
16. RENEW AL. The Deputy Finance Director may renew the contract, at the same tenns,
conditions, and prices, for two (2) additional one (1) year periods subj ect to vendor
acceptance, satisfactory performance and determination that renewal will be in the best
interest of the City.
17. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
18. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
208 S. Seacrest Blvd.
Boynton Beach, Florida, 33425
Attn: Craig Clark, Library Director
Notices to Operator shall be sent to the following address:
Big Brothers Coffee Inc. D.B.A. P. Logans Coffee
1037 StateRd 7 Suite 113
Wellington, Fl 33414
Attn: Horace Cunningham
19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Operator and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Operator.
DATED this _ day of
,20_
CITY OF BOYNTON BEACH
City Manager
Operator
Attest! Authenticated:
Title
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City Clerk
Approved as to Forn1:
Office of the City Attorney
Rev
CA-:,
(Corporate Seal)
Attest! Authenticated:
Secretary
122/91
EXHIBIT "B
Scope of Services
Related Responsibilities:
1. Operator shall propose a monthly lease payment to the City with increases shown over the
duration ofthe contract
2. Operator shall submit a sample menu with proposal to include the brand name of the
product being offered and a detailed description of the item. Menu is to reflect the
increase in price over a five (5) year period.
3. Operator shall provide all working capital, operating equipment, and inventory necessary
to effectively manage the cafe. All construction costs are to be borne by the operator.
4. Sample/Layout to be submitted with proposal, to include all furnishings.
5. In addition to the monthly lease amount, there will be an additional charge for the
operator's usage of utilities, including but not limited to electric and water, at the cafe
facility. The amount of utilities will be $200.00 per month for the first year of
Agreement. The City reserves the right to adjust the amount of the monthly amount
charged for utilities each year for the term of the Agreement, including any renewal
periods, to account for the operator's actual utility usage during the previous year
6. The City shall not operate any competing cafe at the City of Boynton Beach Library
without the operators' approval, or without the operator having the first option as to
additional operations.
7. The operator will sell food and beverages as allowed by the City of Boynton Beach.
8. Operator may offer non-consumables for sale. Non-consumables may include, but are not
limited to coffee mugs, hats or tee shirts; however, the City of Boynton Beach reserves
the right to have the final approval of such items. No alcohol or tobacco products shall be
offered for sale.
9. City may request the operator to offer the sale of, but not limited to t-shirts, book bags
fashioned with the City, Library, and! or Friend's of the Boynton Beach City Library logo.
These items will be inventoried by the City and all proceeds from their sale will be paid
to the City or the Friends of the Boynton Beach City Library in addition to the monthly
lease payment.
10. City shall not be responsible for any goods or equipment stored at the cafe or storage
room nor will it be responsible for damage resulting from a power failure, flood, fire,
theft, vandalism, explosion and/or other causes.
11. The City reserves the right to inspect premises at any time.
CA-6
12. The operator shall keep accurate records of all sales and receipts through the use or
electronic cash registers which provide daily tapes and rep0l1s. The operator \vill prepare
a monthly rep0l1 and mail to: Craig Clark. Library Director, 208 S. Seacrest Boulevard,
Boynton Beach, Florida, and attach copies of the daily tapes of each rep0l1. Report will
be due the 1 S\ of each month along with the lease payment. The City shall have the right
to inspect the books, records and inventories of the operator at any qiven time
13. At time of award, the operator shall file with the Library Director, a $2,000.00 security
deposit, refundable at the end of the term, without interest, after the detemlination that the
operator has fulfilled all terms of the lease and left the premises in adequate condition.
(nomlal wear and tear), as detemlined by the Library Director.
14. All construction fees (i.e. labor and materials) are to be bome by the operator.
FOOD PRODUCTS:
1. All foods, drinks, beverages, confectionery, refreslunents, and the like sold or kept for
Sale, shall be of FIRST QUALITY and conform in all respects to the federal, state, and
municipal food and other laws, ordinances, and regulation. Pre-packaged food must be
labeled with contents and expiration date.
7 No imitation, adulterated, or misbranded miic1e shall be sold or kept for sale, and all
products kept on hand shall be stored and handled with due regard for sanitation.
Leftover perishable products shall not be sold at any time.
3. Operator shall utilize Branded Products (i.e. Bamey's Coffee, Pepsi, Coca Cola, etc.).
4. The Operator will be responsible for the purchase, inventory and security of all food
products offered for sale in the cafe.
5. The Operator shall arrange for the delivery of supplies used at the Cafe site, and in a
manner so that such deliveries do not create congestion or undue interference with regular
operation and maintenance of the site.
6. Items sold by the Operator are restricted by the City of Boynton Beach.
Deep fat frying and flame grilling is not permitted:
7. The City of Boynton Beach shall reserve the right to "taste test" all menu items to insure
quality.
8. The City shall detennine the final approval on what menu items are used. Approval will
not be unreasonably withheld.
CA-I
EQUIPMENT:
1. The operator will use all its own equipment that is approved by the appropriate governing
agency. Equipment may include, but is not limited to refrigeration, microwave oven,
non- flammable grilling equipment, and/or toaster oven. A list of all cooking appliances
must be submitted with proposal.
SIGNAGE/ ADVERTISING:
1. Signs, advertising materials, posters, and other such material used by the operator shall be
subject to the zoning laws and approval of the City Manager.
HOURS AND DATES OF OPERATIONS:
1. State in your proposal your schedule of operations to be approved by the City.
CAFE PERSONNEL:
1. The operator will provide, supervise, and compensate all cafe employees. The staff will
be employees of the operator not the City. The operator shall at all times be an
independent contractor and the agreement shall not in any way create or form a
partnership or joint venture with the City. No agent, servant, or employee of the operator
shall under any circumstances be deemed an agent, servant, or employee of the City.
2. Consumption of alcoholic beverages, smoking, and use of tobacco products is prohibited
inside the Library.
3. Operator's personnel shall, at all times, present a neat appearance.
4. Personnel who pose a potential security risk must be replaced by the operator.
5. All employees must wear a badge to identify the company they are representing and their
name. If a security badge is not issued by the operator, our Police Department will issue
one for a nominal fee.
6. Operator shall provide a list of employees to the City and provide proof that the employer
has done a background check with the State of Florida Department of Law Enforcement
and the results of the background check for each employee who will be working at the
cafe. City shall retain the right to prohibit an employee from working at the cafe based on
the results of the background check.
7. The Operator shall employ only competent personnel to perform cafe services. In the
event that the City, in its sole discretion, any time of this lease agreement, desires the
removal of any person or persons employed by the operator to perform cafe services
pursuant to this lease agreement, operator shall remove any such person immediately
upon receiving notice from the City of the desire of the City for the removal of such
person or persons.
CA-8
8. Operator shall maintain copies of Material Safety Data Sheets (MSDS' s) for all of the
products used in the performance of the contract on the premises. The MSDS' s shall be
accessible to the operator's employees and to the City employees for the purpose of
reference with regard to toxic and hazardous properties, precautions on what to take and
what to do in case of emergency. Operator shall follow all Library Building policies
pertaining to emergencies and non-emergency drills.
SANITATION:
1. Operator will be responsible for bringing their trash and garbage to the designated
dumpster or recycling areas.
') Operator shall make every effort to assist the City in keeping the area free from debris
and litter.
3. Operator is responsible for complying with all Fire Codes and all City Ordinances,
recycling rules, regulations, and laws of the City and/or appropriate governmental bodies.
Operator shall be responsible for keeping all equipment in a clean and sanitary condition.
4. Operator shall operate the cafe in accordance with all laws, ordinances, regulations, and
rules of Federal, State, Palm Beach County and the City of Boynton Beach authority.
including the standards of cleanliness, safety, and health.
TERM OF CONTRACT:
1. No amendment of final contract shall be available unless mutually agreed upon between
operator and the City of Boynton Beach, formalized in writing and signed duly authorized
officers of both parties.
2. This lease agreement may, at the option of the City, be tern1inated immediately if the
Operator CaIIDot give a proven record of financial stability or bankrupt, make an
assignment for the benefit of creditors or if operator has been convicted of a Clime or any
other similar gross misconduct.
3. Operator shall propose a monthly lease payment to the City with increases shown over the
duration of the contract.
CA-9
QUALIFIER ACKNOWLEDGEMENT
Submit RFQ's To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date (City):, 2007
RFQ Title: RE-BID OF REQUEST FOR QUALIFICATIONS FROM AN OPERATOR
TO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FORA 5 (FIVE)
YEAR LEASE INSIDE THE NEW BOYNTON BEACH CITY LIBRARY
RFQ Number: 061-2610-07/JA
RFQ Received By: July 10, 2007, NO LATER THAN 2:30 P.M. (LOCAL TIME)
RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date
and time is scheduled for: July 10,2007, NO LATER THAN 2:30 P.l'l'1. (LOCAL TIME) and
may not be withdrawn within ninety (90) days after such date and time.
All awards made as a result of this RFQ shall conform to applicable sections of the charter and
codes of the City.
Name of Operator: 7j;~ ~t'Mf?r? (lc?~e.-:z;J(! 7J.#41?109/l-/t/5 t1~
Federal LD. Number: c?tJ ~ 8'" /'ij//9/t)
A Corporation of the State of: r ft.e>O/1-
Area Code: J-6/ Telephone Number: 333'- 5?- 6 ?-
Area Code: .;5-;; / FAX Number:
3cF:3-7c?77
City/State/Zip:
/t13 7 7~rk
Uhh//C77~
/
KD "7 7///7e //3
rL- ??1///
/
Mailing Address:
Email Address: 749/'1n/s ~J ~ r?
/
tfd~/C - ("l t!~
~L%3
Name Typed
21
THIS PAGE TO BE SUBMITTED ALONG \VITH RESPONSE
ADD END A
CITY OF BOYNTON BEACH
FLORIDA
RFQ TITLE:
QUALIFIER:
DATE SUBMITTED:
We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach,
in the Contract Fonn, to furnish all material, equipment, machinery, tools, apparatus, means of
transpoIiation, construction, coordination, labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the documents prepared by:
(Name of Project Manager/Architect/Operator)
and having examined the project site (when indicated in these specifications to do so), we
propose to perfonn the work of this Proj ect according to the Contract documents and the
following addenda which we have received:
^ T'lTYCl\.1l\T Thlf
...~.L/L.1'1i..Ll'I....,...'lV.l
DATE
6 T1TYc~TT1T Thlf
~ l...J.......".L-/.J,.....,..i. ".J-/ '-'..I.'.L
DATE
22
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE Al~D ACCEPTABLE
STATEMENT OF QUALIFICATIONS
Each qualifier proposing on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made part of each RFQ document. Failure to comply with this
instruction may be regarded as justification for rejecting the RFQ response.
3.
4.
* attach additional sheets giving the information
1.
Name of Qualifier:
<----;2 '/7 ' / d} /./" -- 7
,(7/ t-. DA'~,Y-/j tp .d-- (c /~ t<L ..//l/ C
/,(J 3'7 7//l-k ~ 7 ~I' A //-5
,
Jt,6b/c/7~>/ ~ "'5 3~ Y
/
2.
Business Address:
When Organized:
~I/ /~ dc)o/
(
.fi/t'/~~
Where Incorporated:
5.
How r;BJ1Y ye~have you been engaged in business under the present firm name?
0-d2P~ /~
ft,f #e -4
~~0~a
,0'/V'e ~/O
6.
General character of work performed by your company.
-r;;// c;r'/(//;-~ 8~l?
~/~Z1.4 (?t7 ~e:. ~p
~r/Z~~'
~~JE.
o~/-
7.
Enclose evidence of possession ofrequired licenses and/or business permits.
8.
Number of employees.
y
9.
:::::::a::i:experience of principal mem; 110m personnel, includmg officers *
Have you ever defaulted on a contract? If so, where and why?*
10.
11.
23
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE
STATEl\IENT OF QUALIFICATIONS continued......
12. Experience in perfoI111ance of work similar in importance to this project.
Proj ect
)~~L;/l?YS /1~?
S Value
Contact Name
Phone #-
-7,/?/; .--
, 'J/J../, (Odd
, .
/;Z/lo / ;:C{A c' ~/
..:77../ - ,7/j? ..3Jj ~
13. Contracts on hand. *
14.
Largest completed projects (include final cost).
1)
/v!A-
I
T\
-;
/
/~ /../:1-
r ;".
.... _/...4--
L-l/ r
, /
3)
15. List alllawsuits (related to similar projects) or arbitration w which you have been a party
and which: * TV/A
1) arose from performance: *
2) occurred within the last 4 years: *
3) provide case number and style: *
Dated at:
day of
20
this
By:
(v.Titten signature)
Name:
(printed or typed)
Title:
24
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
)
SS
COUNTY OF PALM BEACH
)
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted
will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward
of gift, directly or indirectly by me or any member of my firm or b an offi er of the corporation.
By:
Sworn and subscribed before me
this C(-n+ day of ~UL\J
I
I
,20 01
Printed Infonnation:
~~~- a~~/~
, NAME /
j( &e-$ ~~_
TITLE
Florida
--;:j;64/l~ ~t"'~- a~~- -7/t/C-.
COMPANY
.ytJ.' "I/~
~'f> ERICA MARIE SED
;.~. ~ MY COMMISSION # 00539601
OFf\.1il EXPIRES Apr 11.2010
_ (407) 398.()153
Floods Notary S8rVJce.com
"OFFICIAL NOTARY SEAL" STAMP
25
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE At"l"D ACCEPTABLE
NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER
State of /~//~'-:/L./;'/
County of~::~;::1 ,/;~;k:/:';/
,/'7tx::'/lz:-7i::-
/.
/',....
L ._~~~..r{.,";:;..,L/'. f1.,~/';_" _/:~:,i;:T7--;~"'~_
, being first duly swom. deposes and says tllat:
. / r'--:-;:/
1) He is ///(l{ ~<:?.:;'
(Title)
has submitted the attached RFQ:
of-7:-~. (/? /fA/' dw (d/~744'the qualifier that
(Name of Corporation or Finn)
2) He is fully infol111ed respecting the preparation and contents of the attached submittal and of
all pertinent circumstances respecting such submittal;
3) Said RFQ is genuine and is not a collusive or sham RFQ;
4) Fmiher, the said qualifier nor any of its officers, partners, owners, agents, representatives.
employees or parties in interest, including this affiant, has in any way colluded, conspired.
connived or agreed, directly or indirectly with any other qualifier, fin11 or person to submit a
collusive or sham RFQ in cormection \vith the Contract for which the attached RFP has been
submitted or to refrain from bidding in cOImection with such Contract, or has 111 any mam1er.
directly or indirectly, sought by agreement or collusion or communications or conference
\-vlth any other qualifier, fim1 or person to fix the price or prices in the attached RFP or of an)
other qualifier, or to irx any overhead, profit or cost element of the RFQ price or the RFQ
pIice of any other qualifier, or to secure througlLan~ collusion, conspiracy, connivance or
unlawful agreement any advantage against the l5;v/'/77:p./ .~. ,~# (Local
Public Agency) or any person interested in the proposed Coi1tract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the pari of the qualifier or any of
its agents, representatives, owners, employees. or parties in interest, including this affiant.
(Signed)
(Title)
Subscribed and s,vorn to before me
r-l '
This "-,-rf.\ day of II i Llj
I
~1y commission expiresf\fL!...1 L
, 20 1il
[\/ /'('IC
- $~v~v~~ ~-;;-C:~:~-;l
.,. ~.., MY COMMISSION # DD~39601 !
~r~QF'i\.",$ EXPIRES Apr. 11.2010
(407) 398-0153 ~-I()rirj(;; No1S.1\' Se;-vlce,com '
..............-~~-----......--.--~'-----
26
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE A.l~D ACCEPTABLE
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested fom1 to be made a pari of our files for future use and infom1ation. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this fom1 with your bid proposal sheet making it an official part of your bid response.
I~
Is your company a Minority Owned Business?
Yes
No
If Yes, please indicate by an "X" in the appropriate box:
() AMERICAN INDIAN
() ASIAN
~ BLACK
() HISP ANIC
() WOMEN
() OTHER
(specify)
( ) NOT .A...PPLICWLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES
NO 1>(
\
If YES, Name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
27
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE
CONFIRMATION OF DRUG,FREE \VORKPLACE
IDENTICAL TIE SlJBMITTALS
Preference shall be given to businesses with drug-free \vorkplace programs. \Vhenever t\VO or
more submittals which are equal with respect to pIice, quality, and service are received by the
City of Boynton Beach or by any political subdivision for the procurement of commodities or
contractual services, a submittal received from a business that certifies that it has implemented a
drug-free workplace program shall be given preference in the award process. Established
procedures for processing tie submittals will be followed if none of the tied operators have a
drug-free \vorkplace program. In order to have a drug-free workplace program, a business shalL
I) Publish a statement notifying employees that the unlav/ful manufacture, distribution.
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of SUC]1 prohibition.
2) Infom1 employees about the dangers of drug abuse in the workplace, the business' s policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse viola60ns.
3) Give each employee engaged in providing the commodities or contractual services that are
under submittal a copy of the statement specified in subsection (1).
4) II1 the state111el1t specified in subsection (1); notify the emplo)/ee tl1at~ as a COl1dition of
working on the commodities or comractual services that are under submittal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any state, for a violation OCCUlTing in the workplace no
later than 5 days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effon to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement~ I certify that.~.th. i .~firm complies fully with
the above requirements. ,~i //
/'" /.. // .../
/ ////
//~ /
"";' t.
~~~~~-:; -'
);>~erator's Si,mature
./ ~r ~
/' /
,...
28
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE A:'\'D ACCEPTABLE
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SINAL
P. Logan's Coffee
Balance Sheet
As of June 30, 2007
July 30, 2007
ASSETS
Current Assets
Bank of America
Account # 898007544690
23,073.34
Total Checking/Savings
23,073.34
Total Current Assets
23,073.34
Fixed Assets
Equipment
Accumulated
Total Fixed Assets
14,500.00
-725.00
13,775.00
Total Assets
36,848.34
LIABILITY & EQUITY
Liability
Long Term Liabilities
Loan from Shareholders
70,185.80
Total Long Term Liabilities
70~185.80
Total Liabilities
Equity
Net Income
70,185.80
-33,337.46
Total ~quity
-33,337.46
TOTAL LIABILITIES & EQUITY
36,848.34
DRIGINAL
Proposed leased agreement monthly lease payment for $1,500.00 per month with a 2.5% increase per
year for a total of five years.
BUSINESS REFERENCES
1- Mr. Gary Lite Tomberg's Chicken 9148 Forest Hills Blvd., Wellington, Fl33414
561-721-1212
2- Mr. Tania Mercado Dump Your Junk, 2004 Reston Circle, RPB, FI, 33411
561-383-7222
3- Mr. Errol Wilson All Diesel 1035 St. Road, 7, Wellington, Fl 33414
561-719-5964
4- Mr. Tom Le Petite Pan 12636 South 3rd Street, Lantana, F1 33462
561-582-5844
5- Christina Waters Christy's Bakery 1345 South Shore, Wellington, Fl 33414
561-795-3244
i~
Horace B. Cunningham III
9418 Madewood Ct
Royal Palm Beach, FL 33411
1990-1993
KFC
General Manager
New York, NY
1986-1990
Wendeast Corporation (Wendy)
General Manager
New York, NY
1976-1986
21 st Century (McDonalds)
General Manager, Area Supervisor
New York, NY
I have over 25 years of restaurant experience with the following establishments:
McDonaJds, Wendy's and Kentucky Fried Chicken. I've held position such as a
manager, and trainer of new owners operations. I then went on to owning my own
establishment (Italian Deli) in Massapequa, Long Island. These experiences have given
me the capability and the knowledge to open and run a successful operation currently in
Wellington area called P. Logan's Coffee. We emphasize on quality services, customer
satisfaction and cleanliness.
Big Brothers Inc, DBA as P. Logan's Coffee is premium Coffee house soon to be a
franchise in the state of Florida
ORIGINAL
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\
State of Florida
Department of Agriculture and Consumer Services
Division of Food Safety
850-245-5520
2007
Firm Number
Expiration Date
Fee Amount Paid
Permit Number
:310064
: Decem ber 31, 2007
: $410.00
: 07-2283450-2407643
Annual Food Permit
GOOD FOR ONE LOCATION
This permit is issued under authority of Section 500.12, Florida Statutes, to
Firm Type : SPECIALTY FOOD SHOPS
P LOGANS COFFEE
1037 S STATE ROAD 7 STE 113
WELLINGTON FL 33414
2007
dJlI~
CHARLES H. BRONSON, Commissioner
F:)rm '403.20:
. i19~
Food Permits are required of any business or person in the business of manufacturing, processing, packing. holding, preparing. or
selling food at wholesale or retail. This Food Permit may be suspended upon notice for violations of Chapter 500. F.S or Depanment
rules. You are responsible for renewing this Food Permit before January 1 st, each year. For renewal information please contact the
Department at (850) 245-5520.
OR/GINN.
11/29/06
\
metroPCS
Call Detail Request Form
Email to:~elmetro@metropcs.com
Yes
e.
No (Full Name)
No
Call Detail Dates Requested:
From 41'1
Through
~o
From
Through
From
Through
From
Through
The Customer Understands:
There is a $50.00 (plus tax) non-refundable charge for each 30 day request (30 day period does not
0 need to coincide with their bill cycle).
0 The payment for this charge needs to be made at the time of the retjuest~
If the customer needs to go to the store for payment, please advise him/her that if payment is not made
0 within 72 hours the request will be cancelled.
0 It will take up to seven business days for this request to be completed.
The call detail records will display: the phone numbers called (roil/ the MetroPCS phone (outgoing), the
0 duration of the call, along with the date and time. The records will not display phone numbers of calls to
the MetroPCS phone (incoming). The field will read "incoming" and then show the: date, time and
duration of the call.
I I !::'l)/OCl
metroP(~~S
Call Detail Request Form
Email to:telmetro@metropcs.com
)'es
No (Fu]) Name)
No
Date of Rec uest
Your Name
Name un Account
Rec uestor Was Accoljnt Holder (if not their name)
Verified Account Security
Accuunt Number
MDN
Market
How Would Customer Like To Receive Information: Email
Customer Email Address
Customer Mallin T Address
Customer Made Pa yment Y ('s
DT Charge Was A) )Iied (only )rovlsion if ayment was made) Ycs
SMS Message Was Sent To The Phone For Which The CDl<. Is Yes
Bein Re ucstcd
)'cs
Mail
Pick U ) A t Store
No
No
No
en!! DetHi! Dates HNpll'stcd:
Fro III
Through
F1'rC)!!l
Through
Fro III
Through
F 1'0 Jl1
Through
The Customcr Understands:
There is a $50.00 (plus tax) nOIHefundable charge for each 30 day request (:10 clay period docs not
0 need to coincide with their bill cycle).
0 The payment for this charge needs to be macle at the time of the retlLlest~
If the customer needs to go to the store for payment, please advise him/her that if payment is not made
0 within 72 hours the request will be cancelled.
10 It will take up to scven bf/silless daj's for this request to be completed. ~
The call detail records will display: the phone numbers called (rom the MetroPCS phone ((1utgoing), the
o duration of (h: call, along with the ~ateand time. Th~,rccords w,~llllot display phone numbers of calls!Q
the !vletroPCS phone (Incomlllg). 1he field w1l1 read Incomll1g and then show the: c1atc, time and I
duration of the call.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.2.
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed
Meetinl! 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)
0 May 15, 2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) [2J August 7, 2007 July 16, 2007 (Noon ):...._
--,-- ~ .
0 AnnouncementslPresenta tions 0 City Manager's Report --=
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [2J Consent Agenda 0 Legal
0 0 Unfinished Business ~-
Code Compliance & Legal Settlements .t"
~
0 Public Hearing 0
RECOMMENDATION: A motion to approve a Three-Year contract with PHILLIPS & JORDAN INC., of
Robinsville, North Carolina, for Debris Collection and Disposal 2007 Hurricane Season. The RFP# 07-240, is to be utilized as an
insurance policy on an "AS NEEDED BASIS". All expenditures will be eligible for reimbursement from FEMA.
CONTRACT PERIOD: June 14, 2007 to June 13, 2010.
EXPLA...l~ATION: On July 3, 2007, Commission approved the Piggy-Back of the contract with Solid Waste Authority,
of Palm Beach County to PHILLIPS & JORDAN INC., of Robinsville, North Carolina. Procurement Services is
requesting a contract on behalf of the City of Boynton Beach to be issued to Phillips & Jordan, per resolution #
PROGRAM IMP ACT: Due to critical nature of this service it is imperative to have a contract in place in order to avoid delays
should there be a hurricane/disaster/emergency situation. Contract for Debris Collection and Disposal is reimbursed through
FEMA.
FISCAL IMP ~ cn D,b..".. movol "p..dit..." .... ,ngib" fo.. ...'mbo"'m..~ ,t-P-z
City Manager's Signature
CfrvL/
Assistant to City Manager
City Attorney / Finance
Procurement Services
Cc: Larry Quinn - Solid Waste Manager
Chief Immler - Police Chief
Carisse Lejeune - Assistant to the City Manager
Central File
Chris Roberts - Assistant Public Works Director
Chief Bingham - Fire Chief
Chuck Magazine - Risk Manager
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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A c I
I ~"
RESOLUTION NO. R- 07
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A THREE (3) YEAR AGREEMENT
WITH PHILLIPS & JORDAl\', INC., FOR DEBRIS
COLLECTIOl\' AND DISPOSAL BEGINNING THE
2007 HURRICANE SEASON; PROVIDING Al\'
EFFECTIVE DATE.
WHEREAS, due to the critical nature of this service it is imperative to have a
contract in place in order to avoid delays should there be a hunicane/disaster/emergency
situation; and
\VHEREAS, The RFP # 00-240/JMD is to be utilized as an insurance policy on an
16 "as needed basis". Contract for debris collection and disposal is reimbursable through
17,. FEMA.
18
NO'V~ THEREFORE~ BE IT RESOLVED BY THE CITY COMMISSION OF
II
191' THE CITY OF BOYNTON BEACH~ FLORIDA, THAT:
20
Section 1.
Each Whereas clause set forth above IS true and conect and
21 incorporated herein by this reference.
22
Section 2.
The City Commission of the City of BOy11ton Beach. Florida. l1ereby
23 approves a three (3) year Contract with Phillips & Jordan, Inc., of Robinsvil1e, NOlih
24 Caroline for debris collection and disposal beginning the 2007 hunicane season, a cop:. of
25 which is attached hereto as Exhibit "A".
26
Section 3.
That this Resolution shall become effective immediately.
S:\CA\RESOlAgreements\Bid Awards\Phillips & Jordan Debris removal (2007 3 yr).doc
PASSED AND ADOPTED this _ day of August, 2007.
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20
21 ATTEST:
22
23
24
25 Janet M. Prainito, CMC
26 City Clerk
27
28
29 (Corporate Seal)
30
31
32
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\Bid Awards\Phillips & Jordan Debris removal (2007 3 yr).doc
AGREEMENT
THIS IS AN AGREEMENT, dated this 7th day of August, 2007, by and between:
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, hereinafter
"City",
and
PHILLIPS & JORDAN, INC., a North Carolina
corporation authorized to do business in the state of
Florida, FEIN 56-0694573, hereinafter
"Contractor" .
WHEREAS, the City has the need to procure the services of a qualified contractor to
provide hurricane/disaster debris collection, removal, reduction, and disposal ("Services"); and
WHEREAS, Solid Waste Authority of Palm Beach County ("SW A") competitively bid
for these Services under RFP 07-224/JMD (Contract No. 07-240); and
WHEREAS, Contractor submitted a bid in response to the S'yVA Request for Proposal;
and
'VHEREAS, after receipt of said proposal from Contractor, SWA entered into a three-
year contract with Contractor to provide services, said Contract having an effective date of June
14, 2007, copies of which are attached hereto and made a part hereof as composite Exhibit "A"
("SW A Contract"); and
WHEREAS, the City of Boynton Beach has reviewed the scope of services of the
competitively bid SW A Contract, and has detem1ined that it is an agreement that can be utilized
by the City to provide said Services to the City of Boynton Beach; and
WHEREAS, the SW A Contract authorizes the Contractor to enter into an agreement
with the City under a piggybacking arrangement; and
WHEREAS, Contractor has agreed to honor the prices and terms and conditions of the
SW A Contract in performing Services for the City; and
\VHEREAS, City desires to retain the Contractor based on the SW A Contract; and
WHEREAS, at its meeting of August 07, 2007, the City Commission of the City of
Boynton Beach authorized the proper City officials to enter into an Agreement with Contractor:
and
S:'J'rocurement Srvs\WPJanet's Folder\Piggyback (debris remvoal)Contract.doc
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the parties agree as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated
into this Agreement.
Section 2. Attached hereto and made a part hereof by reference as Composite Exhibit
"A" is the SW A Contract referred to above. The prices, terms and conditions of this SW A
Contract shall govern the relationship between the City and Contractor, except as amended
below:
A. The term ofthis Agreement shall be from June 14,2007 through June 13,2010.
B. The City has an option to extend the Agreement for an additional one (1) three (3)
-year term from June 14,2010 through June 13,2013 at the request and discretion
of the City.
C. Notice to the City, for purposes of .6utic.le 27 of the SW A Contract shall be sent
to:
City of Boynton Beach
Attn: City Manager
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
Section 3. In all other respects, the terms and conditions of the SW A Contract, are
hereby ratified "and shall govern the relationship between the City and Contractor",
IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and
seals on the dates written below.
CITY OF BOYNTON BEACH
BY:
CITY MANAGER
ATTEST:
BY:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
S:\Procurement Srvs\WPlJanet's Folder\Piggyback (debris remvoal)Contract.doc
2
\VITNESSED BY:
PHILLIPS & JORDAN, INe.
BY:
Ben R. Tumer, President
H:/1990!900182.bbiagmtipiggyback (debris removalidoc
S..Procurement Srvs\WP'--lanet's FolderPiggyback (debris remvoal )ContracLdoc
"
-~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.1
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) [2J August 7. 2007 July 16,2007 (Noon)
0 Announcem ents/Presentati ons 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM [2J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Postpone consideration of an amendment to the Cemetery Rules & Regulations until August 21,
2007. This request for postponement is due to the fact that the Board will not meet until August 9, 2007.
EXPLANATION: In March and April of this year, the Cemetery Board unanimously passed motions to recommend to the City
Commission amending the Cemetery Rules & Regulations to clarify two areas of concern. The two recommended rule changes
are as follows:
"Rule #17 - In an adult grave, the following will be permitted at the discretion of the Parks Superintendent:
a. One (1) casket, plus two (2) cremains. Of the two cremains, one must be an immediate family
member of the individual buried in the casket; or
b. Three (3) cremains. Of the three cremains, two (2) must be immediate family members.
For purposes of these Rules & Regulations, an immediate family member shall be defined as an individual who is related by
blood, marriage or adoption,"
And
"Rule #3-M - All identification information including letters and emblems on crypts and niches shall be inscribed by engraving.
The cost of new crypt or niche inscription fees shall be paid at the time of interment. Existing bronze letters shall be replaced
with inscription by the City. Replacement inscription shall be done at no cost to the owner of the crypt or niche, but shall be
paid from the Perpetual Care Fund. If existing bronze emblems are damaged, replacement of an existing bronze emblem with
a sandblasted emblem shall be done at the owner's expense."
As required in the Rules & Regulations, Mr. Brady Osborne was given written notice of the proposed rule changes and he has
not expressed any opposition to the 'ecommendaMn. ~
. #1fA-<?/1
City Manager's Signahire
Assistant to City Manager ~
City Attorney / Finance
City Clerk's Office
S:\CC\WP\CEMETERY\Agenda Item Requests\Agenda Item Request to Postpone consideration of changing two rules.doc
VI.-CONSENT AGENDA
ITEM C.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlYI
Requested City Date Final Form Must be Reouested City Commission Date Final Form Must be
CommisSion Meetina Dates Turned in to City Clerk's Office Meetinq Dates Turned in to City Clerk's Office
0 Aprrl 17, 2007 April 2, 2007 (Noon.) D June 19, 2007 June 4, 2007 (Noon)
!l May 1, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18, 2007 (Noon)
L...J
D May 15,2007 April 30, 2007 (Noon) ~ 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
o Administrative
~ Consent Agenda
D Code Compliance & Legal Settlements
D Public Heanng
o City Manager's Report
o New Business
o Legal
o Unfinished Business
D
.....-.!
c.._
G.)
"-""'':'i
::....".#
LD
RECOMMENDATION:
Amend the Cemetery Rules & Regulations.
C)
1 ::~
;. '~."
EXPLANATION: In March and April of this year, the Cemetery Board unanimously passed motions
to recommend to the City Commission amending the Cemetery Rules & Regulations to clarify two areas
of concern. The two recommended rule changes are as follows:
"Rule #17 - In an adult grave, the following will be permitted at the discretion of the Parks
Superintendent:
a. One (1) casket, plus two (2) cremains. Of the two cremains, one must be an
immediate family member of the individual buried in the casket; or
b. Three (3) cremains, Of the three cremains, two (2) must be immediate family members.
For purposes of these Rules & Regulations, an immediate family member shall be defined as an
individual who is related by blood, marriage or adoption,"
And
"Rule #3-M - All identification information including letters and emblems on crypts and niches shall be
inscribed by engraving. The cost of new crypt or niche inscription fees shall be paid at the time of
interment. Existing bronze letters shall be replaced with inscription by the City. Replacement
inscription shall be done at no cost to the owner of the crypt or niche, but shall be paid from the
Perpetual Care Fund. If existing bronze emblems are damaged, replacement of an existing bronze
emblem with a sandblasted emblem shall be done at the owner's expense."
As required in the Rules & Regulations, Mr, Brady Osborne was given written notice of the proposed
rule changes and he has not expressed any opposition to the recommendation.
S:\CC\WP\CE:IVJETERY\Agenda Item Requests\Agenda Item Request. Change two Rules - 07-17-07 Meeting,doc
Agenda Item Reque~ Form
City Commission Meeting
July 17, 2007
PROGRAM IMPACT None
FISCAL IMPACT: (Include Account Number where funds will come from)
ALTERNATIVES: Do not accept the recommendation of t
City Manager's Signature
Assistant to City Manager
-~
City Attorney / Finance
Department Name
5 CCWP\C::HclcRY\Agenda Item Reauests\Agenda Item Reouest - Cr,ange two Rules - 07-17-07 Heetlng.ooc
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RESOLUTION NO. 07-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING RULE #17 AND
RULE #3-M OF THE CEMETERY RULES &
REGULATIONS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and
12
Regulations and does hereby recolmnend an amendment to the Rules and Regulations
13
Amended May, 2007; and
14
WHEREAS, upon recommendation from the Cemetery Board, the City
15
Commission has determined that it shall revise Rule #17; and
16
WHEREAS, upon recommendation from the Cemetery Board, the City
17
Commission has determined that it shall add a new Rule #3-M.
18
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
19
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
20
Section 1.
Each Whereas clause set forth above is herebv ratified as being true
- ~
21
and correct and incorporated herein by this reference;
22
Section 2.
The City Commission of the City of Boynton Beach, Florida,
23
amends the Rules and Regulations of the Cemetery Board by amending Rule #17 as
24
follows:
25
26
27
28
29
30
31
32
17. In an adult gruye, the following v,ill be permitted: One (l) casket, plus
onc (1) cremains, or three (3) cremains. No morc than thrce (3) markers will be
pelmitted per odult ~"'Tave. In the Replot section, t\yO (2) cremains will be pemlitted in
a cremains ploLNo more thUli two markers will be pemlitted on a cremains plot in
the Replat section.
In an adult lrrave. the following will be permitted. at tbe discretion of the
Parks Superintendent:
S:\CA\RESO\Administrative\Cemetery R&R - Amend Rule 17 and 3-M.doc
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a. One (1) casket plus two (2) cremains Of the l\vo cremains.
Olle must be an immediate familv member of the individual buried in the
casket: or
b, Three (3) cremains. Of the three cremal11s. t\\'O must be
immediate familv members.
For purposes of these Rules and Regulations, an immediate family member shall be
defined as an individual who is related bv blood. marriag:e or adoption.
Section 3.
The City Commission of the City of Boynton Beach. Florida.
amends the Rules and Regulations of the Cemetery Board by amending Rule :;3-1\1 as
follO\:vs:
3-M. In addition to the bronze letters.. there 'xill be a limit of t\yO emblems
allowed per crypt/niche. Illese 1;ro117,e letters and embler:ls ma) be obt~iJ1ed 1l-0m
Bo:mton Beach Mausole::m, Inc.. who is the City's e}:clusi'.'e sales a;ent. ;:.md shu11 be
instulled by the City of Boynton Beach. AU identification infomlation including
letters and emblems on CrYPts and niches shall be inscribed bv engraving. The cost of
new crvpt or niche inscription fees shall be paid at time of intennent.
Fxistim: bronze letters shall be replaced ''lith inscription by the Citv. Replacement
inscription shall be done at no cost to the owner of the crvpt or niche. but shall be
paid from the Perpetual Care Fund. If existing: bronze emblems are damaged.
replacement of an existing bronze ~mblem with a sandblasted emblem shall b~_ done
at the owner's expense."
Section 4.
This Resolution shall take effect immediately upon passage.
S:ICAIRESOIAdministrativelCemetery R&R - Amend Rule 17 and 3-M.doc
1 PASSED AND ADOPTED this _ day of July~ 2007.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7 Mayor - Jerry Taylor
8
9
10 Vice Mayor - Jose Rodriguez
11
12
13 Commissioner - Ronald Weiland
14
15
16 Commissioner - Mack McCray
17
18
19 Commissioner - Carl McKoy
20 Attest:
21
22
23
24 ,Janet M. Prainito, CMC
25 City Clerk
26
27
28 (Corporate Seal)
29
S:\CA\RESO\Administrative\Cemetery R&R - Amend Rule 17 and 3-M.doc
VI.-CONSENT AGENDA
ITEM C.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 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)
0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5,2007 May 14,2007 (Noon) ~ August 7, 2007 July 16,2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [2J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Staff recommends Adoption of Resolution R granting the Commission to
authorize the execution and payment of the Annual Service Renewal Agreement between Motorola and the City of
Boynton Beach.
EXPLANATION: The service agreement with Motorola is to provide 24 hours of repairs for dispatch service,
technical support service, network monitoring service, infrastructure repair with advanced replacement service,
onsite response service- Premier Option, and microwave Services and is service equipment specific. This Annual
Renewal Agreement has increased from $128, 786.00 last year to $131,753.28 this year for service and maintenance.
PROGRAM IMPACT: N/A
FISCAL IMPACT: Budgeted item #001-1810-519-46-24 amount $131,753.28
ALTERNATIVES: Failure to pay the maintenance agreement will leave the City of Boynton Beach radio system with
no ..";ee n' m.inte~ ~_ .
6l l.~
ent Head's Signature
/
City Manager's Signature
Assistant to City Manager ~
Police Support Services-Communications
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R 07-
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH~ FLORIDA,
6 AUTHORIZING THE CITY MANAGER TO EXECUTE
7 A SERVICE AGREEMENT BETWEEN THE CITY OF
8 BOYNTON BEACH AND MOTOROLA, INC.'
9 PROVIDING FOR THE MAINTENANCE OF THE
10 RADIO SYSTEM FOR A TWELVE (12) MONTH
11 PERIOD, IN AN AMOUNT NOT TO EXCEED
12 $131,753.28; AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
16 recommendation of staff, deems it to be in the best interests of the City residents to enter
171 into a Service Agrccl11cnt \vith ~v1otorola, Incq for the Inaintenance of the radio s)7ste111 for a
18 twelve (12) month period;
19 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH~ FLORIDA~ THAT:
21 'I
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confim1ed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24
Section 2.
The City Commission of the City of Boynton Beach, Florida does
25 hereby authorize and direct the City Manager to execute a Service Agreement between the
26 City of Boynton Beach and Motorola, Inc. for the maintenance of the radio system for a
27 twelve (12) month period in an amount not to exceed $131,753,28, a copy of said Agreement
28 is attached hereto as Exhibit "A,"
29
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Motorola Service Agr 080707.doc
1
2
PASSED AND ADOPTED this _ day of August, 2007.
3
CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
21
22 Janet M. Prainito, CMC
23 City Clerk
24
25
26 (Corporate Seal)
27
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESO\Agreements\Motorola Service Agr 080707.doc
(fJ4) MOTOROLA
Ver 49 Build 1000
SERVICE AGREEMENT
~ol1t~I~~~L
$ 10.97944 $
Attn: National Service Support
1307 East A/gonquin Road
Schaumburg, IL 60196
(800) 247-2346
Agreement Order # . 0555g1~9~0(3()5
Supersedes Agreement #(s) . S00001000428
Date: 3/3/2007
Required P.O. No
Customer #. 1000303040
Bill to Tag # 0001
Contract Start Date. 10/01/2007
...--. ---------
Contract End Date. 09/30/2008
Anniversary Date.
Payment Cycle Qucuterly
Tax Exempt Yes
PO#
/"'
( Company Name c;itY()~13gYllt()rll3~ach
Attn
Billing Address. 1 OOEJ30'~toll_B_~<lchl3.l\I~__
City, State, Zip'I3.()Yl1tollJ3~Clch,FL 33425
Customer Contact Gwen Johnson
Phone 561-742-6032
~
\
~
Fax. 561-742-6039
~
iDescription
ITotal Services:
I Dispatch Service
Technical Support Service
i Network Monitoring Service
! Local Radio Combo Package
'Infrastructure Repair With Advanced Replacement Service
OnSite Infrastructure Response Service - Premier Option
~ SP - Microwave Services
SP - Software Subscription Agreement
Q!Y~---' ModeI/Opti<'.I1_~_
SVC01SVC1102
SVC01 SVC11 04
SVC01 SVC 11 03
SVC01SVC1422
SVC01SVC1101
iSVC01SVC1413
I SVC02SVC0001
I SVC02SVC0003
SUBTOTAL - RECURRING SERVICES $
-------~--~_.._~.~-"-~--~-~----_.__._-_._--
SUBTOTAL - ONE-TIME EVENT SERVICES
______._._.~_.._._.__~~_~_ m.'. _~__.______________
TOTAL $
-~---
TAXES $0 00
--_._.._--_.~---_._----
GRAND TOTAL $
SPECIAL INSTRUCTIONS - AnACH STATE'^"" OF WORK FOR PERFORMANCE
DESCRIPTIONS
,See attached list for equipment covered.
10.97944 $
$
10.979.44 $
$0.00
10,97944 $
THIS SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING
JURISDICTIONS, TO BE VERWIED BY MOTOROLP
- -- --~-- - ----
: SUBCONTRACTOR(S)
CITY
_~m_____
! Motorola - SSG-Call Center Operations Schaumburg
! (000661
:Motorola - SS-C-TeCl1nlcalSuPP()r1 Schaumburg
IOoeratlons (000681
IMOtOroT,l:~SSC.NGtWofkManagementn .. -Schaumburg
[QD~L'!!.ions 10QQ9.lL _n____ _ . ____ __~__ . _
i Control CommunIcations lnc i Davie
~---- - - -------
: Motorola. Infrastructure Depot Operallons
ilQQiDOQQlt .__~__~_
!Motorola - South Florida FSO (00164)
Elgin
_~______~ _n
! Ft. Lauderdale
Motorola's Service Terms & Conditions, a copy of which IS attached to this Service
Agreement, rs incorporated herein by this reference
AUTHORIZED CUSTOMER SIGNATURE TITLE
.~~~g~~~ fY1-..~-.-:-n-n~,-~
~~ REPRESENTATIVE (SIGNA~Sn_~i~~;mer S.LJpp_~rt~Manager
Cindee Markes 954-723-4718
----_._-_._------_.._.._~-------~- .._-._-_._~--~- .-. - ----------~----
MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE
DATE
DATE
954-723-4791
FAX
SPC v4.9 Build 1000
STATE
IL
Ie
Ie
FL
IL
FL
Extended
131.75328
131.753.28
131.753.28
131,753.28
Release Date. 01/01/05
Customer: Bovnton Beach, City of
Effective: 10/1/2007
~ EQuipment Description
5 Quantar Repeaters
4 Centra com Gold Elite Consoles
8 Control Stations
5 RCH Digital Remote
1 Moscad (1 PC, 1 Laptop, 1 RTU)
61 Astra Spectra Mobiles
222 L TS2000
98 LCS2000
248 XTS3000
15 XTS5000
2 XTL5000
1 Microwave System
System Description
1 Prime Site
1 Dispatch Center
5 Channels
Service Terms and Conditions
Motorola, Inc., through its Commercial, Government, and Industrial Solutions Sector ("Motorola"), and the customer
named in this Agreement ("Customer"), hereby agree as follows:
Section 1 APPLICABILITY
These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either
(1) maintenance, support and/or other services under a Motorola Service Agreement, or (2) installation services under a
Motorola Installation Agreement.
Section 2 DEFINITIONS AND INTERPRETATION
2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the
Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In
interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over
any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment
specifically states otherwise.
2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement.
2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement.
Section 3 ACCEPTANCE
Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This
Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the
"Start Date" indicated in this Agreement.
Section 4 SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other
document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's
then-applicable rates for such services.
4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment
will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are
prescribed by Motorola will be followed.
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the inihai
Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the
warranty for such additional equipment expires.
4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the
Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the
Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out
of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which
Motorola receives such written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous
environments.
4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola
may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase
the price to Service such Equipment.
4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in
a manner consistent with the level of Service purchased as indicated in this Agreement.
Section 5 EXCLUDED SERVICES
5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other
than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards;
excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events.
5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of
the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips,
battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission
line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no
obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web,
or for Equipment malfunction caused by such transmission medium.
Section 6 TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's
location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat,
light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will
not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and
software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services.
Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding
weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or
expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably
incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses.
Section 7 CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available
twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to
maintain contact, as needed, with Motorola.
Section 8 PAYMENT
Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for
each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within
twenty (20) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes,
excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except
income, profit, and franchise taxes of Motorola) by any governmental entity.
Section 9 WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period
of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty,
Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis,
~he fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Section 10 DEFAUL TITERMINATION
10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a
written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written
plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan
approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any
other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of
termination to the defaulting party.
10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this
Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to
Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of
termination, Motorola will have no further obligation to provide Services.
Section 11 LIMITATION OF LIABILITY
This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for
personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort,
or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12)
months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF
SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL
LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR
OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR
ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS
AGREEMENT. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this
Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due upon
:In open account. This limitation of liability will survive the expiration or termination of this Agreement.
Section 12 EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether
PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS
THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the
Services to reflect its current rates.
17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect
at the time of the tennination or expiration will apply to those Services and Customer agrees to pay for such services on a
time and materials basis at Motorola's then effective hourly rates.
written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of
this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written
agreement signed by authorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement,
however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be
bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such
purchase order, acknowledgement, or other writings specifically refer to this Agreement; (ii) clearly indicate the intention of
both parties to override and modify this Agreement; and (iii) such purchase order, acknowledgement, or other writings are
signed by authorized representatives of both parties.
Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTEllECTUAL PROPERTY RIGHTS
13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise fumished
to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential,
and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or
as required by law, any such information or data to any person, or use such information or data itself for any purpose
other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the
expiration or termination of this Agreement.
13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at
any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide
Customer with access to its confidential and proprietary information, including cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license
under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created
as a result of or related to the Equipment sold or Services performed under this Agreement.
Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications
Commission or any other federal, state, or local government agency and for complying with all rules and regulations
required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any
governmental matters.
Section 15 COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage
on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its
subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of
Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found
to be overly broad under applicable law, it shall be modified as necessary to conform to such law.
Section 16 MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose
of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in
Customer's custody or control, be liable for any loss or damage to such property, and retum it to Motorola upon request.
Such property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises
by Motorola at any time without restriction.
Section 17 GENERAL TERMS
17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and
effect.
17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the
laws of the State in which the Services are performed.
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
17.4. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material
shortages, or acts of God that are beyond that party's reasonable control.
17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this
A.greement.
17.6. THIS AGREEMENT WilL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF
THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE
. MOTOROLA
Statement of Work
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Overview: Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response
services to the Customer. These services are applicable only for the following system types: SmartZone up to
release 6.2, SmartZone/OmniLink v2.0.3 and higher, SmartNet, Private Data (with a wireless network gateway)
v2.0.3 and higher, and E91 I.
1.0 Description of Services
Network Monitoring is a service designed to electronically monitor Elements ofa Communication System for
Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center (SSe) detects
an Event, trained technologists acknowledge the Event run remote diagnostic routines, and initiate an
appropriate response. Appropriate responses could include, but are not limited to, continue monitoring the
Event for further development. attempt remote Restoral, or transfer the Event by opening a Case for dispatch of
a Servicer. The Servicer will respond to the Customer location based on pre-defmed Severity Levels set forth in
the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the
System.
Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site
Servicer until System Restoral occurs and Case is closed. The SSC will Continuously track and manage Case
activity from open to close through an automated Case tracking process. This Case management allows for
Motorola to provide activity and performance reports.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms
and Conditions or other applicable iAl.greelnent to \.vhich it is attached and inade 3 pa.~ thereof b)' this reference.
2.0 Motorola has the following responsibilities:
2.1. Recommend any needed Connectivity or monitoring equipment and coordinate installation of such
equipment upon Customer's request.
2.2. Provide dedicated Connectivity necessary for monitoring SmartZone, SmartZone/ OmniLink. and Private
Data system types.
2.3. Verify Connectivity and Event monitoring prior to System Acceptance or Start Date.
2.4. Continuously receive service requests.
2.5. Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant
to section 3.1
2.6. Attempt remote RestoraL as appropriate.
2.7. Create a Case as necessary when service requests are received. Gather information to perform the
following:
2.7.1. Characterize the issue
2.7.2. Determine a plan of action
2.7.3. Assign and track the Case to resolution.
2.8. Dispatch a Servicer. as required, by Motorola standard procedures and provide necessary Case information
collected in section 2.7
2.9. Ensure the required personnel have access to Customer information as needed.
2. I O. Disable and enable System devices, as necessary, for Servicers.
2.11. Servicer wiII perform the following on-site:
2.11.1. Run diagnostics on the Infrastructure or FRU.
2.11.2. Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may
provide Infrastructure or FRU.
2.11.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and
any other requirements necessary to perform the Maintenance service.
2.11.4. Ifa third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor
onto the Customer's premises.
/';etwork Monitoring, OnSite lnji-astructure Re,ponse and Dispatch ,\ervice
Approved by Contracts and Compliance 12-19-03
page I of 4
. MOTOROLA
2.12. Verify with Customer that Restoration is complete or System is functional, if required by Customer's
repair Verification preference in the Customer Support Plan required by section 3.4. If Verification by
Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer
will be released.
2.13. Escalate the Case to the appropriate party upon expiration of a Response time.
2.14. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved.
2.15. Notify Customer of Case Status, as required by the Customer Support Plan at the following Case levels
2.15.1. Open and closed; or
2.15.2. Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed.
2.16. Provide the following reports, as applicable:
2.16.1. Case activity reports to Customer.
2.16.2. Network Monitoring Service reports for Customer System(s), excludes E911.
2.16.3. Performance/Availability Reports for SmartZone, SmartZone/ OmniUnk, and Private Data
Systems only.
3.0 Customer has the following responsibilities:
3.1. Allow Motorola Continuous remote access to obtain System availability and performance data.
3.2. Purchase Connectivity, installation and monitoring equipment necessary for monitoring the System if
recommended by Motorola. Failure to purchase such equipment as recommended by Motorola may
prevent Motorola from rendering the services described in this Statement of Work.
3.3. Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET and E911 System
types.
3.4. Provide Motorola with pre-defmed Customer information and preferences prior to StaJ'"t Date necessaJ-Y to
complete Customer Support Plan.
304.1. Case notification preferences and procedure
3.4.2. Repair Verification Preference and procedure
3.4.3. Database and escalation procedure forms.
3.4.4. Submit changes in any information supplied in the Customer Support Plan to the Customer
Support Manager.
3.5. Provide the following information when initiating a service request:
3.5.1. Assigned System ID number
3.5.2. Problem description and site location
3.5.3. Other pertinent information requested by Motorola to open a Case,
3.6. Notify the System Support Center when Customer performs any activity that impacts the System.
(Activity that impacts the System may include, but is not limited to, installing software or hardware
upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.)
3.7. Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) ifremote
service is not possible.
3.8. Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in
paragraph 2.11.2
3.9. Maintain and store in an easy accessible location any and all Software needed to Restore the System.
3.10. Maintain and store in an easily accessible location proper System backups.
3.11. For E911 systems, test the secondary/backup PSAP connection to be prepared in the event ofa
catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of
switching to the backup PSAP.
3.12. Verify with the SSC that Restoration is complete or System is functional, if required by the Repair
Verification Preference provided by Customer in accordance with section 304.
3.13. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide these services.
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page 2 of 4
. MOTOROLA
Severity Definitions Table
Severity Level Problem Types
Severity 1 Response is provided Continuously --
.
. Major System failure
. 33% of System down
. 330/0 of Site channels down
. Site Environment alarms (smoke, access, temp, AC power.
. This level is meant to represent a major issue that results in an unusable
system, sub-system, Product, or critical features from the Customer's
perspective. No Work-around or immediate solution is available.
Severity 2 Response during Standard Business Day --
.
. Significant System Impairment not to exceed 33% of system down
. System problems presently being monitored
. This level is meant to represent a moderate issue that limits a Customer's
normal use of the system, sub-system, product, or major non-critical
features from a Customer's perspective
Severity 3 . Response during Standard Business Day
I I · Intermittent system issues
I . Information questions
. Upgrades/preventative maintenance
. This level is meant to represent a minor issue that does not preclude use of
the system, sub-system, product, or critical features from a Customer's
I perspective. It may also represent a cosmetic issue, including
documentation errors, general usage questions, recommendations for
product enhancements or modifications, and scheduled events such as
preventative maintenance or product/system u grades.
Response Time Tabie (Customer's Response Time Ciassificatiun is uesignated ill the Service Agreement).
Severity Regular Premier Limited
Level Response Time Response Time Response Time
Severity I Within 4 hours from receipt Within 2 hours from receipt Within 4 hours from :
of Notification of Notification receipt of Notification
Continuouslv Continuously Standard Business Day ,
Severity 2 Within 4 hours from receipt Within 4 hours from receipt Within 4 hours from
of Notification of Notification receipt of Notification i
Standard Business Day Standard Business Day Standard Business Dav
Severity 3 Within 24 hours from Within 24 hours from Within 24 hours from
receipt of Notification receipt of Notification receipt of Notification
Standard Business Day Standard Business Day Standard Business Day i
Net11'ork JvfonilOring, OnSite Inji-astructure Re8ponse and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page 3 of 4
" MOTOROLA
Monitored Elements Table
(Listed by technology)
System Type Equipment
SmartZone 6.0 Nortel; Packet Routing Network; Zone
Controllers; Database Server; FullVision
Server; Zone Statistical Server; Air Traffic
Router; System Statistics Server; User
Configuration Server; Packet Data Gateway
Server; PBX; Interconnect Server; Motorola
Gold Elite Gateway (MGEG); AEB; CEB;
ARCADACS Cross Connect Switch;
Simulcast RF Site (Site Controllers,
Comparators, Stations); Intelli Repeater RF
Site (Stations);Intelli Site Repeater RF Site
(Site Controllers, Stations);
MOSCAD Overlay (TenSr, Station,
Channel Banks, TRAK GPS, Environmental
Alarms, Microwave)
SmartZone 4.1 Zone Controllers; Database Server; Digital
Interface Unit (DIU); Central Electronic
Bank (CEB) Interface; AEB;
FullVision Server; Air Traffic Router;
System Statistics Server (Multi-Zone); Zone
Statistical Server; User Configuration
Server; NOVA 2000 (Interconnect); Remote
RF Sites (Site Controllers Including
Simulcast, Stations);
MOSCAD Overlay (Stations-Non Trunked,
Comparater, TenSr Channel Banks,
Environmental Alarms, Microwave)
SmartZone 3.0 - 3.5 Zone Controller; Database Server; User
Server; Digital Interface Unit (DIU); Central
Electronic Bank (CEB) Interface;
AEB; User Configuration Server (3.5);
Historical Server (User Server 16); AEB
Central Electronic Bank (CEB); MBX
(Interconnect); Remote RF Sites (Site
Controllers -Including Simulcast, Stations);
MOSCAD Overlay (Stations, TenSr
Channel Banks, Environmental Alarms,
Microwave)
SMARTNET Monitored by MOSCAD SiteSentry Site Controllers; Stations; Environmental
Alarms; Channel Banks
Private Data Wireless Network Gateway (WNG); Radio
Network Controller (RNe); Base Station
E9 I I - Centralink Classic - Monitored by SEB Teltronics ALl
Teltronics ANI
E9 11 - Centralink Classic- Monitored by RAC Teltronics ALl
E911 - C2000IPalladium Palladium ALl
Teltronics ANI
Network lv/onitoring, OnSite Jrifi-astructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page 4 of 4
. MOTOROLA
Statement of Work
Technical Support Service
1.0 Description of Services
The Technical Support service provides centralized remote telephone support for technical issues that
require a high level of communications systems expertise or troubleshooting on Equipment. The
Motorola System Support Center's (SSe) Technical Support Operation is staffed with technologists
who specialize in the diagnosis and resolution of system performance issues. TecImical Support
Service (i) does not include software upgrades that may be required for issue resolution; and (ii) does
not include Customer training (iii) is only available for those system types supported and approved by
Technical Support Operations.
Technical Support is applicable to the following system types: Astra 25 6.x, SmartZone v2.0.3 and
higher, SmartZone/OmniLink, E91 I, Private Data v2.0.3 and higher, SmartNet and Conventional Two-
Way.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service
Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by
this reference.
2.0 Motorola has the following responsibilities:
2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis
of operation problems in accordance with the response times set forth in the Remote
Technical Support Response Times Table and the Severity Level defined in the Severity
Definitions Table.
2.2. Advise caller of procedure for determining any additional requirements for issue
characterization, Restoration, including providing a known fix for issue resolution when
available.
2.3. Attempt remote access to System for remote diagnostics, when possible.
2.4. Maintain communication with the Servicer or Customer in the field until close of the Case. as
needed.
2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed.
2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and
product groups, as applicable.
2.7. Escalate the Case to the appropriate party upon expiration of a Response time.
2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in
or remote access capability.
2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support
services described in this SOW and notify Customer of an alternative course of action.
3.0 Customer has the following responsibilities:
3.1. Provide Motorola with pre-defmed information prior to Start Date necessary to complete
Customer Support Plan.
3.1.]. Complete database and escalation procedure forms.
3.1.2. Submit changes in any information supplied in the Customer Support Plan to the
Customer Support Manager.
3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller.
name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief
description of the problem.
3.3. Supply on-site presence when requested by System Support Center.
3.4. Validate issue resolution prior to close of the Case.
Technical Support Service
Approved by Motoro/a Contracts and Compliance 12-/9-0]
page I 0(2
. MOTOROLA
3.5. Allow Motorola remote access to the System by equipping the System with the necessary
Connecti vity.
3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defmed in
Remote Technical Support Response Times Table and the Severity Level defmed in the Severity
Definitions Table.
3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola
to provide the Technical Support service to Customer.
Severity Definitions Table
Severity Level Problem Types
Severity 1 . Response is provided Continuously
. Major System failure
. 33% of System down
. 33% of Site channels down
. Site Environment alarms (smoke, access, temp, AC power.
. This level is meant to represent a major issue that results in an unusable
system, sub-system, Product, or critical features from the Customer's
perspective. No Work-around or immediate solution is available.
Severity 2 . Response during Standard Business Day
. Significant System Impairment not to exceed 33% of system dovm
. System problems presently being monitored
. This level is meant to represent a moderate issue that limits a Customer's
normal use of the system, sub-system, product, or major non-critical
features from a Customer's perspective
Severity 3 . Response during Standard Business Day
. Intermittent system issues
. Information questions
. Upgrades/preventative maintenance
. This level is meant to represent a minor issue that does not preclude use of
the system, sub-system, product, or critical features from a Customer's
perspective. It may also represent a cosmetic issue, including
documentation errors, general usage questions, recommendations for
product enhancements or modifications, and scheduled events such as
preventative maintenance or product/system upgrades.
Remote Technical Support Response Times Table
SEVERITY
Severi I
Severi 2
Severity 3
RESPONSE
Within 1 Hour from recei t of Notification, Continuous I
Within 4 Hours from recei t of Notification, Standard Business Da
Within next Business Da , Standard Business Da
Technical Support Service
Approved by Motorola Contracts and Compliance J 2- J 9-03
page 2 of2
. MOTOROLA
Statement of Work
Infrastructure Repair with Advanced Replacement
1.0 Description of Services
Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the
applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this
reference. Customer's System type detern1ines which exhibit is applicable (i.e. SmartZone system exhibit.
SmartNet system exhibit). Infrastructure may be repaired down to the Component level. as applicable. at the
Motorola Infrastructure Depot Operations (IDa). At Motorola's discretion, select third party Infrastructure may
be sent to the original equipment manufacturer or third party vendor for repair. IfInfrastructure is no longer
supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure
with similar Infrastructure, when possible.
When available, Motorola will provide Customer with an Advanced Replacement unites) or FRU(s) in exchange
for Customer's malfunctioning FRU(s). Non-standard configurations, Customer-modified Infrastructure and
certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s)
will be evaluated and repaired by IDa and returned to IDa FRU inventory upon completion of repair. In cases
where Advanced Replacement is not available or when a Customer requires the exact serial number to be
returned, a FRU may be available on a Loaner basis.
The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other
applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1. Use eorrunereially reasonable efforts to maintain a.'1 inventory ofFRU.
2.2. Provide, new or reconditioned units as FRU to Customer or Servicer, upon request and subject to
availability. The FRU will be of similar kit and version, and will contain like boards and chips. as the
Customer's malfunctioning InfrastrLlcture.
2.3. Program FRU to original operating parameters based on templates provided by Customer as requ.ire.d in
Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template
will be used.
2.4. Properly package and ship Advanced Replacement FRU from IDa's FRU inventory to Customer specified
address.
2.4.1. During normal operating hours of Monday through Friday 7:00am to 7:00pm CST. excluding
holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless
otherwise requested. Motorola will pay for such shipping. unless Customer requests shipments
outside of the above mentioned standard business hours and/or carrier programs, such as NFO
(next flight out). In sLlch cases, Customer will be subject to shipping and handling charges.
2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for
Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU
will become property ofIDO and the Customer will own the Advanced Replacement FRU.
2.4.3. When sending a Loaner FRU to Customer, IDa will not provide a return air bill for the
malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the
malfunctioning Infrastructure to IDa. IDa will repair and return the Customer's Infrastructure
and will provide a return air bill for the customer to return IDa's Loaner FRU.
2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified
as an Advanced Replacement or Loaner FRU.
2.6. Receive malfunctioning Infrastructure from Customer and document its arrival. repair and return.
2.7. Perfonn the following service on Motorola Infrastructure:
2.7. I. Perform an operational check on the Infrastructure to determine the nature of the probiem.
2.7.2. Replace malfunctioning FRU or Components.
2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications. as applicable
2.7.4. Perform a Box Unit Test on all serviced Infrastructure.
Infrastructure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance 1-15-04 page] of3
. MOTOROLA
2.7.5. Perform a System Test on select Infrastructure.
2.8. Provide the following service on select third party Infrastructure:
2.8.1. Perform pre-diagnostic and repair services to confIrm Infrastructure malfunction and eliminate
sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when
applicable.
2.8.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor
for repair service, when applicable.
2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service.
2.8.4. Perform a post-test after repair by Motorola, original equipment manufacturer, or third party
vendor to confIrm malfunctioning Infrastructure has been repaired and functions properly in a
Motorola System configuration, when applicable.
2.9. Re-program repaired Infrastructure to original operating parameters based on templates provided by
Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a
standard default template will be used. If IDa determines that the malfunctioning Infrastructure is due to a
Software defect, IDa reserves the right to reload Infrastructure with a similar Software version.
Enhancement Release(s), ifneeded, are subject to additional charges to be paid by Customer unless the
Customer has a Motorola Software Subscription agreement.
2,10. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an
IDa FRU. Motorola will return Customer's FRU(s) to IDa's FRU inventory, upon completion of repair.
2.11. Ship repaired Infrastructure to the Customer specifIed address during normal operating hours set forth in
2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping,
unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier
programs, such as NFO (next flight out). In such cases, Cuswmer will be subject to shipping and handling
charges.
3.0 Customer has the following responsibilities:
3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSe) and request an
Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non-
Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party
Infrastructure named in the applicable attached Exhibit.
3.1.1. Provide model description, model number, serial number, type of System and Firmware version,
symptom of problem and address of site location for FRU or Infrastructure.
3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to
physical damage or lightning damage.
3.1.3. Follow Motorola instructions regarding inclusion or removal of Firmware and Software
applications from Infrastructure being sent in for service.
3.1.4. Provide Customer purchase order number to secure payment for any costs described herein.
3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDa if Customer requested shipping
outside of standard business hours or carrier programs set forth in section 2.4.1.
3.3 Within fIve (5) days of receipt of the Advanced Replacement FRU from IDa's FRU inventory, properly
package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDa for
evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above
back to IDa in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a
replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third
party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the
malfunctioning FRU, at Customer's expense and risk ofloss to Motorola. Customer is responsible for
properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped
Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization
number on the outside of the packaging.
3.4 Ifreceived, Customer must properly package and ship Loaner FRU back to IDO within fIve (5) days of
receipt of Customer's repaired FRU.
3.5 Maintain templates of Software/applications and Firmware for reloading ofInfrastructure as set forth in
paragraph 2.3 and 2.9.
3.6 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the Infrastructure Repair with Advanced Replacement services to Customer.
lrifrastructure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance 1-15-04
page 2 of3
. MOTOROLA
4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other
underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure
Repair with Advanced Replacement:
1. All Infrastructure over seven (7) years from product cancellation date.
2. Physically damaged Infrastructure.
3. Third party Equipment not shipped by Motorola.
4. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges.
5. Test equipment.
6. Racks, furniture and cabinets.
7. Firmware and/or Software upgrades.
Infrastructure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance I-15-()4
page 3 (~r 3
. ItIIOTOROLA
SmartZone System Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair
Infrastructure Exhibit
Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners,
tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines.
Base Station(s) and Repeater(s) Includes: Quantar, Quantro, Digital MSF5000 and MTR2000 ONLY.
Central Electronics Bank(s) Includes Logging Recorder Interface and Network Hub
Channel Bank(s) Includes Premisys and Telco. Excludes Siemens
Comparator( s ) Includes Spectratac, Digitac, and Astrotac Comparators.
Computer( s ) Includes computers (Pentium I, II, III, IV) directly interface with or control the
communications System, including SiteLens and System watch II. Includes keyboards,
mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers.
Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat
panel display image retention.
Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part
of complete communication System - ONLY. Includes headset jacks, dual footswitches,
and gooseneck microphones. Excludes Centracom 1.
Controller(s) -Trunking Includes SmartNet II prime and remote controllers. Excludes SSMT and SCMS
controllers.
Dictaphones and Recording Excludes all types and models.
Equipment
Digital Interface Unites) Included
Digital Signaling Modem(s) Included upon modem model availability
Digital Voice Modem(s) Included upon modem model availability
Embassy Switch Includes AEB, AIMI, ZAMBI, AMB
Management Terminals Includes computers (Pentium I, II, III, IV) directly interface with or control the
communications System, including SiteLens and Systemwatch II. Excludes laptop
computers and all 286, 386,486 computers.
MBEX(s) or NOY A Interconnect Included
Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and
material basis. All Equipment must be shipped to IDO, Excludes anyon-site services.
Monitor(s) Includes all monitors connected to computers that directly interface with or control the
communications System. Includes flat panel displays and touch screen monitors.
Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat
panel display image retention.
Moscad Only NFM (Network Fault Management), as part of communication System only.
Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be
quoted separately. Excludes Fire alarming systems.
Network Fault Management Includes Full Vision. Excludes NMC
Printer( s) Includes printers that directly interface with the communications System.
RAS(s) Excludes RAS 1100, 1101 and 1102
Receiver(s) Includes Quantar and MTR2000, ASTRO-TAC Receivers.
Simulcast Distribution Included
Amplifier(s)
Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System.
I Universal Simulcast Controller Included
Interface( s )
UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and
material basis. All UPS Systems must be shipped to IDO for repair. Excludes anyon-site
services. Excludes all batteries.
Zone Manager Excludes HP715/33, HP 715/50 servers. Excludes x-terminals NDS 14C and NDS17C
Zone Controller(s) Includes console terminals. Excludes ALL SunlIMP hard drives except TLN3495A 0820
1 GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406, TLN3343A
0424 and TLN3278A 0181/0389.
. MOTOROLA
Statement of Work
Software Subscription Console Only
1.0 Description of Service
Motorola will provide to Customer Software Subscription services in accordance with this Statement of
Work. Motorola will provide periodic software bulletins to Customer at its address for notice purposes (or
at another address that Customer may direct in writing). These software bulletins announce and explain
Enhancement Releases and Core Releases for Motorola and Non-Motorola Software that are available to
Software Subscription Customers for use with their upgrade-capable Motorola Equipment covered by these
services. Motorola will provide applicable Enhancement Releases or Core Releases as ordered by
Customer.
Software Subscription includes design services for Enhancement Releases only. Motorola will review
System audit data (when this service is performed by Motorola) along with an equipment list to avoid
potential Software incompatibilities between equipment that is being upgraded versus equipment which is
not being upgraded with the Enhancement Release. Motorola will identifY additional equipment and
engineering (if applicable) for the System that is required as a result of the upgrade and will recommend a
plan for installation of this additional equipment in addition to the core or enhancement release.
Implementation ofthis installation plan is not included with the Software Subscription services.
Additional Provisions for Software Subscription services that begin after December 31, 2004, concerning.
SmartZone 4.1 and Astro 25 Trunking Systems: Motorola recommends that Customer maintains continuity
in receiving Software Subscription services until Customer decides to no longer install additional
Enhancement Releases. If, contrary to this recommendation, Customer discontinues Software Subscription
services and later decides to reinstitute Software Subscription services, then Motorola will provide those
Software Subscription services retroactively to the date such services were discontinued.
Exclusions
The Software Subscription program originated from and was designed to support Motorola's radio systems
business. The Software Subscription program does not cover the software, hardware, or services provided
by Radio Service Software; ISD; Plant Equipment Inc. ("Plant") -Motorola's E91 1 solution subcontractor:
or any Motorola business sector other than CGISS. Software not purchased through Motorola is not
covered.
Software Subscription services are not intended to, and do not, cover software support for virus attacks,
games or other applications that are not part ofthe System, or misuse of the covered Software. Motorola is
not responsible for management of anti-virus or other security applications (such as Norton).
The terms and conditions ofthis Statement of Work (SOW) are an integral part of Motorola's Service
Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this
reference.
2.0 Motorola has the following responsibilities:
2.1 Provide to Customer the software bulletins announcing Enhancement Releases and Core Releases.
2.2 Provide to Customer (in response to a Customer order) those Features included in an Enhancement
Release that apply to the Motorola Software in Customer's existing System components.
2.3 Perform the following Software upgrade design:
2.3.1 Review Infrastructure System audit data as needed.
2.3.2 IdentifY additional System equipment needed to implement an Enhancement Release, if
applicable.
2.3.3 Complete a proposal defining the Enhancement Release, Equipment requirements.
installation plan, and impact to System users that will fulfill the Customer's upgrade
requirements.
Software Subscription
Approved by Contracts & Compliance -f/2fi()5
i (~(3
. MOTOROLA
2.3.4 Advise Customer of probable impact to System users during the actual field upgrade
implementation.
2.4 Provide to Customer (in response to a Customer order) those Standard Features included in a Core
Release that apply to the Motorola Software in Customer's existing System components. Optional
Features issued with a Core Release are not included under these Software Subscription services but
are available to Customer, under a separate agreement at a discount from current list price (20% for
voice System Optional Features and 15% for data System Optional Features). Once an Optional
Feature is provided to Customer, Enhancement Releases for that Optional Feature are available at no
additional charge.
3.0 Customer has the following responsibilities:
3.1 Customer must contact its Motorola representative to order an available Enhancement Release or Core
Release as directed in the Customer Support Plan.
3.2 Contact Motorola upon receiving a bulletin to engage the appropriate Motorola resources for an
Enhancement Release.
3.3 Review Software installation plans and impact to the users with appropriate Customer personnel.
3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide these services to Customer
4.0 Special provisions: the following provisions apply to the Software Subscription services:
4.1 Customer acknowledges that if its System has a Special Product Feature, additional engineering may
be required to prevent an installed Enhancement Release or Core Release from overwriting the Special
Product Feature. Upon request, Motorola will determine whether a Special Product Feature can be
incorporated into an Enhancement Release or Core Release and whether additional engineering effort
is required.
4.2 Customer is encouraged to install periodically Enhancement Releases because they may include minor
performance enhancements and will keep the System current In addition enhancement releases may
contain updated versions of third party software enabling customers to obtain optimal support for these
products. Customer is encouraged to migrate the Motorola Software to the most current Core Release
because Enhancement Releases are available for a limited time for a given core release as defined by
Motorola's life cycle roadmap.. If Customer's System is not maintained to a currently supported
Software version, all Core Releases and Enhancement Releases may not be compatible with
Customer's existing System.
4.3 Additional hardware, software, or engineering services may be required if Customer desires to upgrade
or migrate to a particular Core Release or Enhancement Release. If the size and complexity of
Customer's System warrants, Motorola may provide consultation services to determine the
technological, operational and fmancial impact of installing a particular Core Release or Enhancement
Release on the System, pursuant to a separate agreement. Customer must pay for such consulting
services and for any other engineering services, hardware, and software that are required to upgrade or
migrate Customer's System due to each Enhancement Release or Core Release that Customer orders.
4.4 Customer may use the Software (including any Enhancement Releases and Core Releases) only in
accordance with the applicable Software License Agreement Nothing in this Statement of Work or
caused by Motorola rendering these Software Subscription services is intended to modifY the Software
License Agreement or to alter Motorola's intellectual property rights in and to its Software.
4.5 Software Subscription services do not include repair or replacement of hardware or Software caused by
defects that are not corrected by the Enhancement Releases and Core Releases, nor does it include
repair or replacement of defects resulting from any nonstandard or improper use or conditions or from
unauthorized installation of Software.
4.6 Customer may terminate Software Subscription services at any time by giving written notice of
termination to Motorola. Such termination will be effective at the next annual anniversary date
following Motorola's receipt of the notice of termination and may be partial if that is reasonably
necessary to accommodate a significant change to Customer's System configuration.
4.7 These Software Subscription services and the parties' duties described in this Statement of Work will
automatically terminate if Motorola no longer supports the Software version in Customer's System or
discontinues the Software Subscription program; in either case, Motorola will refund to Customer any
prepaid fees for Software Subscription services applicable to the terminated period.
Software Subscription
Approved by Contracts & Compliance -1/21/05
2013
fa MOTOROLA
4.8 Motorola may suspend or terminate these Software Subscription services, if Customer fails to pay
Motorola any fees for Software Subscription services when due, Customer breaches the Software
License Agreement or the Agreement, Customer's rights to use the Software under the Software
License Agreement expires or is terminated, or Customer replaces its Motorola System with a system
from another manufacturer.
Software Subscription
Approved by Contracts & Compliance-Jill/05
3013
fa MOTOROLA
Statement of Work
Local Radio Combo Package
1.0 Description
Local Radio Combo Package provides operational check and board level repair services for mobile, portable,
two-way and mobile data. An operational check is an analysis of the Equipment to identify external or internal
defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile
controls heads, provided that they are required for normal operation of the two-way mobile and are included at
the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement
to which this Statement of Work is attached.
Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; iDEN mobile
microphones; non-standard mobile microphones, mobile external speakers; optional or additional control heads,
single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and
power supplies.
The following are excluded from Local Radio Combo service unless they are purchased as an option for an
additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones,
Portable Antenna Replacements Mobile Remote Control Heads.
The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other
applicable agreement to which it is attached and made a part thereofby this reference,
2.0 Motorola has the following responsibilities:
2.1 Service to be performed at the Servicer facility during Standard Business Days.
2.2 Perform an operational check on the Equipment to determine the nature ofthe problem.
2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing.
2.4 Test and Restore the Equipment to Motorola factory specifications.
2.5 Remove any dust, and/or foreign substances from the Equipment
2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the
template in the Equipment, if the template information can be retrieved from the Equipment, or from a
backup diskette provided by Customer containing the template information. If the Customer template is
not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS)
version for that Equipment will be used. The Equipment will require additional programming by the
Customer to Restore the original template.
2.7 Notify Customer upon completion of repair for pickup of Equipment.
3.0 Customer has the following Responsibilities:
3.1 Deliver and pick up Equipment to/from the Servicer facility.
3.2 Inform Servicer of description of problem for Equipment brought in for service.
3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software
template or programming in order to assist in returning the Equipment to original operating parameters. If
applicable, record the current flashcode for each radio.
3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is
responsible for any programming required to Restore Equipment to desired parameters.
3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the Local Radio Combo Package service to Customer.
Local Radio Combo Package
Approved by Motorola Contracts & Compliance 04/30/04
Page 1 of 1
. MOTOROLA
Statement of Work
SP-Microwave Service Repair
1.0 Description of Services
Microwave Service Repair is a repair service provided by the Servicer for the Microwave equipment named on
the Customer Equipment list. At the Servicer's discretion and responsibility, Infrastructure may be sent to
Motorola, original equipment manufacturer, third party vendor, or other facility for repair.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms
and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola Servicer has the following responsibilities:
2.1. Repair or replace Infrastructure at the Servicer facility or Customer location as determined by Servicer.
Any replaced FRU will be of a similar kit and version, and will contain like boards and chips, as the
Customer's malfunctioning FRU(s). Servicer is responsible for travel costs to a Customer location to
repair Infrastructure.
2.2. Perform the following on Motorola Infrastructure:
2.2.1. Perform an operational check on the Infrastructure to determine the nature of the problem.
2.2.2. Repair or replace malfunctioning FRU, as determined by Servicer.
2.2.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications.
2.3. Provide the following service on select third party Infrastructure
2.3.1. Perform pre-diagnostic and repair service to confinn Infrastructure malfunction and eliminate
sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable.
2.3.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for
repair service. Servicer is responsible for aii shipping and handling charges.
2.3.3. Coordinate and track Infrastructure sent to the original equipment manufacturer or third party vendor
for service.
2.4. Re-program Infrastructure to original operating parameters based on templates provided by Customer
required by Section 3.2. lfthe Customer template is not provided or is not reasonably usable, a standard
default template will be used. The Servicer will provide the standard template.
2.5. Notify the Customer upon completion of repair or replacement.
2.6. Properly package, return ship or hand deliver Infrastructure to the Customer specified address. Servicer
will pay return shipping charges, if being sent via overnight carrier.
3.0 Customer has the following responsibilities:
3. l. Contact Servicer and provide the following information:
3. 1.1. Provide customer name, address of site location, and symptom of problem.
3.1.2. Provide model description. model number, serial number, and type of System and Firmware version.
if known.
3.2. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide Local Infrastructure Repair services to Customer.
page 1 0/1
. MOTOROLA
Statement of Work
Local Radio Combo Package
OnSite Option - Pick up & Delivery
1.0 Description of Service
Equipment will be picked up from and delivered to the Customer's location, within a designated radius of the
Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan.
This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of
Work is attached.
2.0 Motorola has the following responsibilities:
2.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location,
days of week, and preferred time. Ifa pick up/delivery cannot occur according to the preferred schedule,
Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable
alternative date and/or time for pick up/delivery.
2.2 Generate service receipt and leave with Customer.
3.0 Customer has the following responsibilities:
3.1 Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time.
3.2 Provide problem description along with unit.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORT\
VI.-CONSENT AGENDA
ITEM C.3.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 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)
0 May 15, 2007 April 30,2007 (Noon) 0 July] 7,2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) [2J August 7, 2007 July 16, 2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM [2J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: Approve and execute, via a Resolution, the agreement between Palm Beach County and
the City to provide funding in an amount up to $380,000 for improvements to Boat Club Park.
EXPLANATION: Boat Club Park was originally built in 1960. The 9.5 acre facility is one of the City's oldest
and most popular parks. It includes public restrooms, picnic pavilions, a boardwalk used for fishing/viewing, a
small storage building, a small building used by local groups and the Coast Guard Auxiliary. It is also one of the
most heavily used boat launching facilities in Palm Beach County. Due to its popularity, the park has
experienced a lot of "wear and tear" over the past several years. The public restrooms and pavilions are more
than 40 years old and need to be renovated or replaced with ones that are better designed and aesthetically
compatible to the waterfront venue. Landscaping enhancements will reduce maintenance and improve the
appearance of the park. The flat handrails on the boardwalk have been damaged by heavy use and need to be
replaced.
PROGRAM IMPACT: Boat Club Park is used by thousands of people every week. With support from the
County, we will be able to make significant aesthetic and functional improvements to one of our most popular
facilities. The park will be safer, look better, and be easier to maintain.
FISCAL IMPACT: $37,500 is currently allocated in the CIP (Account # 302-4108-580.62-01) for planning and
design costs. The $380,000 received from the County will cover construction costs.
ia~
City Manager's Signature
Assistant to City Manager ~
AL TERNA TIVES:
-----..
. --- - ..----..... ------------
Department Head's Signature
Recreation & Parks
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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1 RESOLUTION R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING THE MAYOR
5 AND CITY CLERK TO EXECUTE AN INTERLOCAL
6 AGREEMENT BETWEEN PALM BEACH COUNTY
7 AND THE CITY OF BOYNTON BEACH TO PROVIDE
8 FUNDING IN AN AMOUNT UP TO $380,000.00 TO
9 ASSIST WITH COSTS FOR CONSTRUCTION OF
10 BOAT CLUB PARK RENOVATIONS; AND
11 PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, Boat Club Park was originally built in 1960 and has public restrooms
15 and pavilions which are more than 40 years old; and
16 WHEREAS, Due to its popularity, the park has experienced a lot of "wear and tear"
17 over the past several years; and
18 WHEREAS, the County of Palm Beach is willing to provide funding from the 2002
19 Recreation and Cultural Facilities Bond issue; and
20 WHEREAS, the City Commission of the City of Boynton Beach upon
21 recommendation of staff, deems it to be in the best interest of the citizens and residents of
22 the City of Boynton Beach to authorize execution of the Interlocal Agreement with Palm
23 Beach County to provide funding in an amount up to $380,000.00 for improvements to Boat
24 Club Park.
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:\CA\RESO\Agreements\lnterlocals\ILA with PBC for Boat Club Park renovations.doc
Section 2.
The City Commission of the City of Boynton Beach hereby authorizes
2 the Mayor and City Clerk to execute an lnterlocal Agreement between the City of Bo~mton
3 Beach and Palm Beach County to provide funding in an amount up to S380,OOO.OCJ for
4 improvements to Boat Club Park, a copy of said Agreement is attached hereto and made a
5 part here as Exhibit "A".
6
Section 3.
That this Resolution shall become effective immediately upon
7 passage.
8 PASSED AND ADOPTED this __ day of August, 2007.
9
10 CITY OF BOYNTON BEACH, FLORIDA
11
12
13 Mayor-JerryTaylor
14
15
16
17
18
191'
20 I
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Vice Mayor ~ Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCrav
Commissioner ~ Carl McKoy
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESOlAgreements\lnterlocals\ILA with PBC for Boat Club Park renovations.doc
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH FOR BOAT CLUB PARK RENOVATIONS
THIS INTERLOCAL AGREEMENT is made and entered into on ,
by and between PALM BEACH COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY", and the City of Boynton Beach, a Florida municipal
corporation, hereinafter referred to as " MUNICIPALITY ".
WIT N E SSE T H:
WHEREAS, MUNICIPALITY owns and operates Boat Club Park located on South
Federal Highway in Boynton Beach, hereinafter referred to as lithe Project"; and
WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the
construction of renovations to the Project; and
WHEREAS, on November 5, 2002, a bond referendum was passed by the voters of
Palm Beach County for the issuance of general obligation bonds for the purpose of
financing the acquisition, construction, and/or improvements to certain recreation and
cultural facilities, in the principal amount of $50 Million ("the $50 Million Recreation and
Cultural Facilities Bond"); and
WHEREAS, the COUNTY has approved a recreation and cultural facilities project
list and proposed funding allocations, as amended for the $ 50 Million Recreation and
CultUial Facilities Bond; and
WHEREAS, the Project represents one such recreation/cultural project; and
WHEREAS, the Project shall be open to and benefit all residents of Palm Beach
County; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into
Interlocal Agreements with each other to jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise separately; and
WHEREAS, both parties desire to increase the recreational and cultural
opportunities for residents of Palm Beach County and to enter into this Interlocal
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties hereto agree as follows:
1
ARTICLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if
fully set forth.
Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational and
cultural opportunities for use by the public and thereby provide a mechanism for the
COUNTY to assist MUNICIPALITY in the funding of the Project.
Section 1.03 COUNTY will pay to MUNICIPALITY a total amount not to exceed $380,000
for the construction of the Project as more fully described in the Project Description,
Conceptual Site Plan, and Cost Estimate attached hereto and made a part hereof as
Exhibit "A".
Section 1.04 MUNICIPALITY agrees to provide funding in an amount of $0 or greater to
complete construction of the Project. The parties agree that the COUNTY shall provide its
portion of the funding only after MUNICIPALITY has expended $0.
Section 1.05 COUNTY's representative during the design and construction of the Project
shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation
Department, telephone no. (561) 966-6685. MUNICIPALITY's representative during the
construction of the Project shall be Wally Majors, Recreation and Parks Director, Boynton
Beach, 561-742-6255.
Section 1.06 MUNICIPALITY shall construct renovations on the property as more fully
described in Exhibit "B" attached hereto and made a part hereof.
Section1.07 MUNICIPALITY shall utilize its procurement process for all construction
services required for the Project. Said procurement process shall be consistent with all
federal, state and local laws, rules and regulations. COUNTY shall have no contractual
obligation to any person retained by MUNICIPALITY with regard to the Project. Any
dispute, claim, or liability that may arise as a result of MUNICIPALITY's procurement is
solely the responsibility of MUNICIPALITY and MUNICIPALITY hereby holds the COUNTY
harmless for same to the extent permitted by law and subject to the limitations of Section
768.28, Florida Statutes.
ARTICLE 2: DESIGN AND CONSTRUCTION
Section 2.01 MUNICIPALITY shall be responsible for the design and construction of the
Project. MUNICIPALITY shall design and construct the Project in accordance with Exhibit
"A", attached hereto and made a part hereof, and with all applicable federal, state and local
laws, rules and regulations.
Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto,
2
MUNICIPALITY shall initiate its procurement process to select the necessary professional
engineer and/or architect to perform all engineering and/or architectural design work,
including, but not limited to, the preparation of plans, permits and specifications necessary
for the design and construction of the Project.
Section 2.03 MUNICIPALITY shall provide a copy of the engineer's and/or architect's
programming phase documents (Le., site plan, floor plan, elevations, etc.) to the
COUNTY's Representative for review. The COUNTY's Representative shall review said
programming phase documents to ensure consistency with the intent of this Interlocal
Agreement.
Section 2.04 MUNICIPALITY shall be responsible for securing all permits and approvals
necessary to construct the Project.
Section 2.05 Prior to MUNICIPALITY commencing construction of the Project,
MUNICIPALITY shall provide a copy of all plans and specifications, along with the
associated costs thereof, to the COUNTY's Representative for review to ensure
consistency with the intent of this Interlocal Agreement.
Section 2.06 MUNICIPALITY agrees to totally complete the Project and open same to the
public for its intended use within thirty six (36) months from the date of execution of this
Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least
ninety (90) days prior to that date MUNICIPALITY may request an extension beyond this
period for the purpose of completing the Project. COUNTY shall not unreasonably deny
MUNICIPALITY's request for said extension.
Section 2.07 MUNICIPALITY shall submit quarterly project status reports to the COUNTY's
Representative on or before January 10, April 10, July 10, and October 10 during the
design and construction of the Project. These Quarterly reports shall include but not be
limited to, a summary of the work accomplished, problems encountered,
percentage of completion, and other information as deemed appropriate by the COUNTY's
Representative.
ARTICLE 3: FUNDING
Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall
be paid by COUNTY to MUNICIPALITY on a reimbursable basis. Any costs incurred in
connection with the Project in excess of that amount shall be the sole responsibility of
MUNICIPALITY. Should the total cost of the Project exceed the amount as projected by
MUNICIPALITY, MUNICIPALITY shall appropriate and expend the excess funds required
for completion of the Project. The COUNTY shall not dispense any funds to
MUNICIPALITY for the Project until MUNICIPALITY has appropriated and expended said
excess funds for the Project.
3
Section 3.02 The COUNTY shall reimburse project costs under the terms of this
Agreement to MUNICIPALITY on a quarterly basis from the date of execution of this
Interlocal Agreement; however, should the need arise for MUNICIPALITY to be reimbursed
on a more frequent basis, then COUNTY will, at MUNICIPALITY's specific request for
each instance, make its best efforts to reimburse MUNICIPALITY within forty five (45)
days of such special request. For each requested payment, MUNICIPALITY shall provide
to the COUNTY's Representative a fully completed and executed Contract Payment
Request Form and a Contractual Services Purchase Schedule Form, attached hereto and
made a part hereof as Exhibit "C". Said forms shall include information listing each invoice
as paid by the MUNICIPALITY and shall include the vendor invoice number; invoice date;
and the amount paid by MUNICIPALITY along with the number and date of the respective
check for said payment. MUNICIPALITY shall attach a copy of each vendor invoice paid
by MUNICIPALITY along with a copy of each respective check and shall make reference
thereof to the applicable item listed on the Contractual Services Purchase Schedule Form.
Further, MUNICIPALITY's Project Administrator and Project Financial Officer shall certify
the total funds spent by MUNICIPALITY on the Project and shall also certify that each
vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by
MUNICIPALITY as indicated.
Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total
amount allocated to MUNICIPALITY for the Project until MUNICIPALITY completes the
Project and provides COUNTY with either a Certificate of Occupancy or a Project
Completion Certification as determined by COUNTY, and the COUNTY receives and
approves all documentation as required in accordance with this Interlocal Agreement. The
COUNTY's representative shall visit the Project site to verify and approve said final
reimbu rsement.
Section 3.04 MUNICIPALITY shall provide a request for final reimbursement to the
COUNTY no later than ninety (90) days following completion of the Project and provision of
either a Certificate of Occupancy or Project Completion Certification to the County.
Section 3.05 The County agrees to reimburse MUNICIPALITY an amount not to exceed
$0 for pre-agreement costs.
Section 3.06 For construction projects fully funded by the County, no more than 10% of
the County's funding for the project shall be used for design and engineering costs for the
project and be eligible for reimbursement under this Agreement. For construction projects
not fully funded by the County, all design and engineering costs associated with the project
shall be borne by the MUNICIPALITY, and will not be eligible for reimbursement from the
County.
Section 3.07 County shall reimburse Project costs only after MUNICIPALITY has expended
its share of Project funding in its entirety. MUNICIPALITY shall provide the County with a
certification, in a form acceptable to the County, from an independent auditor that the
MUNICIPALITY has complied with this Project funding provision. The County will be
4
entitled to rely on that certification in reimbursing Project costs to the MUNICIPALITY under
this Agreement.
ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE
OF THE PROJECT
Section 4.01 Upon completion, the Project shall remain the property of the MUNICIPALITY.
The COUNTY shall not be required to pay MUNICIPALITY any additional funds for any
other capital improvement required by or of MUNICIPALITY.
Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority
and financial ability to operate and maintain said Project. MUNICIPALITY shall be
responsible for all costs, expenses, fees and charges, and liability related to the operation
and maintenance of the Project.
Section 4.03 MUNICIPALITY shall operate and maintain the Project for its intended use by
the general public for a term of thirty (30) years from the execution of this Interlocal
Agreement by the parties hereto. MUNICIPALITY shall maintain the Project in accordance
with industry standards for such facilities to prevent undue deterioration and to encourage
public use.
Section 4.04 The rights and duties arising under this Interlocal Agreement shall inure to the
benefit of and be binding upon the parties hereto and their respective successors and
assigns. MUNiCiPALITY may not assign this Interiocal Agreement or any interest
hereunder without the express prior written consent of the COUNTY.
Section 4.05 !t is the intent of COUNTY to issue this funding assistance to
MUNICIPALITY for the purpose set forth hereinabove. In the event MUNICIPALITY
transfers ownership of the Project to a party or parties not now a part of this Interlocal
Agreement, other than another governmental entity that agrees to assume, in writing,
MUNICIPALITY's obligations hereunder, COUNTY retains the right to reimbursement from
MUNICIPALITY for its participation to the full extent of the funding assistance awarded to
accomplish the Project. Should MUNICIPALITY transfer management of the project to a
party or parties not now a part of this Interlocal Agreement, MUNICIPALITY shall continue
to be responsible for the liabilities and obligations as set forth herein. Further,
MUNICIPALITY shall not transfer management of the Project to a third party without the
written consent of the COUNTY.
ARTICLE 5: USE OF THE PROJECT
Section 5.01 MUNICIPALITY warrants that the Project shall seNe a public recreational or
cultural purpose and be open to and benefit all residents of Palm Beach County and shall
be available thereto on the same cost and availability basis as to residents of
MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex,
national origin, age, disability, religion, ancestry, marital status or sexual orientation with
5
respect to use of the Project.
Section 5,02 The term of this Interlocal Agreement shall be for a period of thirty (30) years
commencing upon the date of execution of this Interlocal Agreement by the parties hereto.
MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic, community
and social purposes only unless otherwise agreed to in writing by the parties hereto.
Section 5.03 MUNICIPALITY shall affix a permanent plaque or marker in a prominent
location at the completed Project indicating that the COUNTY was a contributor to the
development of the Project. Said plaque or marker shall include the County seal and a list
of County Commissioners, unless otherwise directed by the COUNTY's Representative.
ARTICLE 6: ACCESS AND AUDITS
MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the design/construction of the Project for at least five
(5) years after the end of the fiscal year in which the final payment is released by the
COUNTY, except that such records shall be retained by MUNICIPALITY until final
resolution of matters resulting from any litigation, claim, or special audit that starts prior to
the expiration of the five (5) year period. The COUNTY reserves the right, upon
reasonable request and during normal business hours, to inspect said Project and shall
have access to such books, records, and documents as required in this section for the
pu rpose of inspection or audit.
ARTICLE 7: NOTICES
Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and
hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be
addressed to the following:
As to the COUNTY:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, FL 33461
With a copy to:
County Attorney
301 North Olive Avenue, Suite 601
West Palm Beach, FL 33401
6
As to the MUNICIPALITY:
City Manager
City of Boynton Beach
100 East Boynton Beach, Boulevard
Boynton Beach, Florida 33435
ARTICLE 8: TERMINATION FOR NON-COMPLIANCE
The COUNTY may terminate this Interlocal Agreement upon written notice to
MUNICIPALITY for non-compliance by MUNICIPALITY in the performance of any of the
terms and conditions as set forth herein and where MUNICIPALITY does not cure said
non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do
so. Further, if MUNICIPALITY does not cure said non-compliance within the time frame
specified above, then upon written notice, the COUNTY may require MUNICIPALITY to
reimburse any funds provided to MUNICIPALITY pursuant to this Interlocal Agreement
either in whole or in part once the COUNTY has reasonably determined that no other
remedy is available.
ARTICLE 9: REMEDIES
This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right,
power, or remedy hereunder shall preclude any other or further exercise thereof. The
parties hereto may pursue any and all actions available under law to enforce this Interlocal
Agreement including, but not limited to, actions arising from the breach of any provision set
forth herein.
ARTICLE 10: FILING
A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County.
ARTICLE 11: INDEMNIFICATION
It is understood and agreed that MUNICIPALITY is merely a recipient of County funding
and is an independent contractor and is not an agent, servant or employee of County or its
Board of County Commissioners. It is further acknowledged that the County only
contributes funding under this Agreement and operates no control over the Project. In the
event a claim or lawsuit is brought against County or any of its officers, agents or
employees, MUNICIPALITY shall indemnify, save and hold harmless and defend the
County, its officers, agents, and/or employees from and against any and all claims,
liabilities, losses, judgments, and/or causes of action of any type arriving out of or relating
7
to any intentional or negligent act or omission of MUNICIPALITY its agents, servants
and/or employees in the performance of this Agreement. The foregoing indemnification
shall survive termination of this Agreement.
In consideration for reimbursement of costs incurred prior to the term of this
Agreement, the foregoing indemnification shall apply not only during the term of this
Agreement, but also apply for the period prior to the Agreement for which MUNICIPALITY
is eligible to receive reimbursement from the County.
ARTICLE 12: INSURANCE
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida
Statutes, the MUNICIPALITY acknowledges to be either insured or self-insured for General
Liability and Automobile Liability under Florida sovereign immunity statutes with coverage
limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver
limits that may change and be set forth by the legislature.
The MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation
and Employer's Liability insurance in accordance with Florida Statutes Chapter 440.
The MUNICIPALITY agrees to maintain or acknowledges to be self-insured for property
insurance, in an amount at least equal to the estimated completed project value as well as
subsequent modifications of that sum; thereafter, All-Risk property insurance for adequate
limits based on the MUNICIPALITY'S replacement cost or probable maximum ioss
estimates for the perils of either fire, wind, or flood. MUNICIPALITY shall agree to be fully
responsible for any deductible or self-insured retention.
The MUNICIPALITY shall agree to provide a statement or Certificate of Insurance
evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY
agrees to recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability
and obligations under this Interlocal Agreement.
The MUNICIPALITY shall require each Contractor engaged by MUNICIPALITY for work
associated with this Agreement to maintain:
1. Workers' Compensation coverage in accordance with Florida Statutes
including endorsements for U,S. Longshore and Harbor Workers
Compensation Act and the Merchant Marine Act (Jones Act) in the event any
portion of the scope of services/work occurs over, near, or contiguous to any
navigable bodies of water.
2. Commercial General Liability coverage at limits of not less than $1 ,000,000
Each Occurrence. The COUNTY shall be added an "Additional Insured",
3. Business Auto Insurance with limits of not less than $1,000,000 Each
Accident.
8
4. If the construction work being performed exceeds $200,000, a payment and
performance bond for the total amount of their construction contract, in
accordance with Florida Statute 255.05.
5. The Contractor agrees to carry builder's risk insurance while the project is in
the course of construction in an amount at least equal to the estimated
completed project value as well as subsequent modifications of that sum.
ARTICLE 13: PUBLIC ENTITY CRIMES
As provided in Section 287.132-133, Florida Statutes, by entering into this contract or
performing any work in furtherance hereof, MUNICIPALITY certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by Section 287.133 (3)(a), Florida Statutes.
ARTICLE 14: CAPTIONS
The captions and section designations herein set forth are for convenience only and shall
have no substantive meaning.
ARTICLE 15: SEVERABILITY
If any term or provision of this Interlocal Agreement, or the application thereof to any
person or circumstance, shall to any extent be held invalid or unenforceable, the remainder
of this Interlocal Agreement, or the application of such term or provision, to any person or
circumstance other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Interlocal Agreement shall be deemed
valid and enforceable to the extent permitted by law.
ARTICLE 16: ENTIRETY OF AGREEMENT
This Interlocal Agreement represents the entire understanding between the COUNTY and
MUNICIPALITY, and supersedes all other negotiations, representations or agreements,
either written or oral, relating to this Interlocal Agreement. None of the provisions, terms
and conditions contained in this Interlocal Agreement may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties
hereto.
ARTICLE 17: THIRD PARTY BENEFICIARIES
This Agreement is made solely and specifically among and for the benefit of the parties
hereto, and their respective successors and assigns subject to the express provisions
hereof relating to successors and assigns, and no other person shall have any rights,
interest, or claims hereunder or be entitled to any benefits under or on account of this
Agreement as a third-party beneficiary or otherwise.
9
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be
executed on the day and year first above written.
ATTEST:
SHARTON R. BOCK, Clerk &
Comptroller
By:
Deputy Clerk
ATTEST:
By:
Clerk
APPROVED AS TO TERMS AND
CONDITIONS:
By:
Dennis L. Eshleman, Director
Parks and Recreation Department
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
County Attorney
PALM BEACH COUNTY, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Commissioner Addie L. Greene, Chairperson
CITY OF BOYNTON BEACH
By:
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
Municipality Attorney
10
EXHIBIT A
PROJECT DESCRIPTION, CONCEPTUAL
SITE PLAN, AND COST ESTIMATE
12
The following is a breakdown of the cost estimates:
ELEMENT COST I
Restrooms 175,000 I
Picnic Shelters 110,000
Park Furnishing 50,000
Landscaping 25,000
Handrails 20,000 I
TOTAL $380,000
An aerial map that indicates that location of the renovations and a legal description are attached.
If you need any other information to proceed with the Agreement, please let us know. We look forward
to working with you on this project. Thank you.
Sincerely,
/~
- /
(,,/
'Wally Majors, Director
Recreation and Parks Department
(attachments)
c: Dennis Eshleman, Director, PBC Parks and Recreation Department
Susan Yinger, Administrative Support Manager, PBC Parks and Recreation Department
Jody Rivers, Parks Superintendent, City of Boyi1ton Beach
Kurt Bressner, City Manager, City of Boynton Beach
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EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY
13
ROJE.':T A:; -
KRIBll B
i\.C:~ 5;u.f 5
ijtarranty lleed
00<'-11"..., Yu N I / ~ ~2 ~
, ht.KJlbh 1... PilL
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110;. inll,u<Mn' ..., prepo,ed by,
(sururorr fOlM-HClION mal Ul
GENE MOORE, LAWYER
639 E. Ocean Avenue
Post Office Box 910
Boyn ton Beach. Fia.
33425
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Mod. Ihi.
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doy 01
January
1985 . IIrlwrrn
ARNOLD STROSHEIN, Individually and a~
non-homeatead property
TrU!ltee,
conveying hia
aeparate
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01 Ih. County 01
Palm Beach
Slol. 01
Florida
Qranlo,', and
CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation
""ho.. po,' offiCI odd.." j, 1 02 E a ~ t Boy n ton Be a c h B 1 v d .
Boynton Beach, Florida 33435
f1)
0/ I'" Counry 0/
Palm Beach
. S'ol' .of
Flor ida
. orant..",
N
if: .Ihttllllrlq. Ihot laid o,onlo,. 101 ond in c~n\iderolion 0/ I'" \Um 0/
TEN-------------------------------------------------no/100
.r:r Dollot.,
I ond other good ond voluobl. conliderolion, 10 >Did o,onlo. in hond poid by IOid g,ont.., I'" ..nipl "'.....01 iI h...by
z oc~nowl.do..a, ho. g.onted. bOlgoin.d ond ",Id to t'" >Did 9,on'". and gIant.... hei" ond 01li9n' 10.....'. th. lollowino
=!i d..<,;b.d land, ,ituol.. lying and b.in9 in P a I m Be a c h County. FIo,ida. Io-wiir
~ From the Southweat corner of LOT 12, SAM BROWN JR.'S HYFOLUXO SUBDIVISION, according to
~ the Plat thereof, recorded in Plat Book 1, Page 81 of the Public Recorda of Palm Beach
County, Florida, running Easterly along the South line of aaid Lot 12, a diatance of
94.84 feet to the Eaat right-of-way line of State Road No.5 and an iron pipe, THE POINT
OF BEGINNING; thence running an angle of 82026' from Ea~t to North running Northerly along
the Eaat right-of-way line of State Road No.5, a di~tance of 203.44 feet, thence turning
an angle of 97034' from South to East and running Eaat a di~tance of 328.62 feet to an iron
pipe, thence turning an angle from West to South of 82026' and runnning Southerly on a.'line
parallel to the Weat line hereof, a distance of 203.44 feet to an iron pipe; thence turning
an angle of 97034' from North to Weat and running West a distance of 328.62 feet to an iron
pipe and THE POINT OF BEGINNING. SUBJECT TO: ea~ementa. re~ervationa, restrictiona, road-
/ right-of-way of record, if any, and taxes for the year 1985 and.thereafter.SUBJECT FURTHER
f to that certain mortgage in the original princpal amount of $95,000,00 in favor of Millicen
v Opportunitiea Corp., said mortgage being dated January 16, 1978 and recorded in 0.R.B.2B02
i \ 0 at Page 1341 of the Public Records of Palm Beach County, Florida, which mortgage Grantees
.,,'J '0 oagree to assume and pay.
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ond .oid o.onlo, doe. "-..by lully warrant Ih. ,iti. to .oid land, ond will d.I.nd ,... \Om. ogoin,' t'" lowful claim, 01 011
p.r\on. whomw.v.,.
· "G,onto," and ..oranl..... ore u\f'd for \inqulnt or plural. 0\ (onte.' nQuir".
~n JlUnrllll lDqrrrnf, G,onlo, ho\ horrunlo
~d. ....I.d ond d.'iver~d ~n our p........,
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STATE OF FLORIDA'
COUNTY Of PALM BEACH
I HEREBY CERTIFY ,hot on thi, day b.loI, _. on ollic., duly Q....lili.d '0 lo~. ocknowlodO<Mnh. porlOtlOlIy oppea,ed
ARNOLD STROSHEIN, INDIVIDUALLY AND AS TRUSTEE,
Ul
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10 m. known to b. thl' penon
... ,..<ul.d tho 10m..
WITNESS my hond ond oHidol ..01 in th. Counly. and
19:3$'. .
d..<,ib.d in and who ....u.ed tho 10"\lO;n9 in,'""".n' and oc~no""l.d9.d ""Of. .... tho'
My commiuion t.pi,,,~
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Nolory Publi<
,r,;:;;;n: Gen. MoOre ~ .L_
--.--/ P. O. 80x 910 ~
Boynton Boach, "'"
Rec. 5-: " tJ
Fla. !to - /. 7J2.. 0J
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NaTAllY PUBLIC ST,&,TE OF FLORlo,&,,I,T lARGe:
MY COMMISSION EXPIRES SEPT 23. 1988
BONDED THRU GENEAAL INS. UNDERWRITERS
RECORD VERlREO
PALM BfACH COUNTY FLA
JOHN B. DUNKLE
CLERK CIRCUIT COURT
AMrn;.
7'LL CALL - #: 55 Return:
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PRo,n~CT ]I
EXHIBIT B
n-c,..
Fla. St.
SurtAX
l..un..
GfW'" 'j()re
p o. ~ 910
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T1111 Inllrument Prepared by:
CE-20-iG33 [13:27"11 88-351 7..'r;
THIs ,I"STRL'MENT WAS PF,' ",R(D B"r
GENE Mer- i<
AnORNfY...uu~""
P. 0,.80X 91C
OO.......'ON BEACH, FLO~h -334;.;:.5
)02, 5909 '-'3 t 058
Con i~I~O,OOO,CO ~--
JOHN B DUNKLE,C~ERK - :0
b I :=;5:J. =;'=
>=:Ui'.1!';\
Property Apprlllers PlTeel klentllle.t\on IFollo) Number(l):
SP"CE AWVE THIS UNf FOR RECORDING OAr"
litis toJill'l'ilnly Deed ,\ [",I" tI,e l Ol:h
KIRSCH HOLDING CO. INC. , a New Jersey
f)
II) 88
i, y
((oy (J{
November
.\
Corporation
IH'rpi'lClfh'r co/lpcl /fIt' qrwlfur, 10
CITY OF BOYNTON BEACH,FLORIDA, A Florida Municipal Corpora~ion
'''/'''.'0 1'",'uUI<" ",/,/"."" City Hall, Boynton Beach, Florida 33435
III'fl'ifltlftl'r (01/('(1 fll(' qrnllll'(':
rV'd'f'lr,...r "'f'd hrl..j" rlo,- ".."". ~I,lI"'"'' and ~!;"",-r ollrl,,,lt illl tht parllrl III Ihl1 ,n,llurnrlll lna
.hr lo.."~ Ir\l..1 Ir"......."I..,"'.' "lid ;0''10(11' ..J I"Jl\uju.lI, ..IHI l~~ ,urCt""rl a.nd ;0'''\111' "I .orpor..."""j
'lilliitnesscth: Tlt(d 1I1f' uro,lior, fur (1IJ(1 ill ClJlIsir!NUlillll of III(' sum oj 51 0.00 and olil('r
ltuluuL!" CUIlSI(/",-uJions, r(l(,r'ipl ll,JlI'r('of 1$ L,'rl,IJY lH"J.,,!OIf'{I,,111I'11. IH'rl'/),)! !lrrHll~ i}(Ir[,uin~, st'{{~, oliC'llj, rt'.
rni!ojC's. r(,/t.U,H'S, ('O'IIWV5 Cl/Jd {o,l{irms Ilrdo IJl(' \/rnnJf'f', (Ill {!Inl C('rlWH /<1/1(( .dllln/p ill Palm Beach
CoulI/Y. florida, I'!';!:
LUl' 7, of ::>1\.l"l BROWN JR.S' HYPOLUXO SUBDIVISION, '-.0 the Town
Boynton Beach, County of Palm Beach, Florida, according to the
Plat thereof on file in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in Plot
Book 1 at Page 81, LESS the Right-of-way for state Road 5. (U.S.
Highway #1)
SUBJECT TO:
of record,
easements, reservations,
if any, and taxes for the
restrictions,
yeilr 1988 and
road-r igh ~-o: -I.
thereafte:::.
logelhcr will. all ,1.0 lonemenl,. l1ererlllamenl' and apPll1lenance, t),errlo belonging or In any.
!.vise (1pp~rJainjng.
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10 11allc anel to liold,
Rnd ,,,.
I/Uj Hune in
! ee ,imple ForPl,C'r
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grardor hereby CQ(IE'nants {Vult said gr-an/ee I/ll)! Ihe gran/or I! t(lwfully seized of said /'Jfld
i1l fee simple: II HI I tlH? grardor /105 (lood righl and lawful autflorily Jo sell and convey !lDid land; Jiwl lfle
prart/or !u?rpI,y fully u'orrun/!l Ille lide 10 Hlitl (and and ul.ll a'c!end die !ame apain.'il tlHJ lawful clairns of
oll pprson~ wlwmsoever: and ltwt ~aicl land is free of oll encumhrance.'l, excepl laxe.'l accruing ,t1k~I}<111enl
10 December) I. I Q 87
1n 1ifi1ness ~hercof, II,e wid grallllJ' I"" ,rgned a",/ HaleJ Ihe.. prosentJ rile day and
finl about' wrillen.
year
KIR.sCH~HOLD1Nl;/CId-;', :;:NC.,
c~~~::~::~Q::;~~:ent:
Siqnf'?-
Nowels. '01'0 "-RIF'r<=D
REe... J I l, \ '--
STATF. UF NEW JERSEY PALM BEACH (;OIJ(j ,y, FLA.
COUNTY Of MONMOUTH JOHN B. DUNKLE
CLERK CIRCUIT couprj!-ILREBY CLRTIFY th.t on thi. d.y, belore me, .n
officer duly :authorized in the Statt': afort':~.il.id :and in Ihl: County afort':!ald, to lak.1: .d.nowkdgmenu, per\.On:ally ilrpl:ued
:::::r'.ring B. Kirsch, ?:resident of Kirsch Holding Co. r Lnc. a New ,jersey
Co:::-ooration
to LITle ~nown to be Ihl": penon
!;.e
>elnowledge
described in :and who oecuted the (',i !'goipg In,u'Jm~nt 2nd
he execuled tht': ~ame,
btiore me that
O::h
da.y of
\\'ITNESS my h.nd .od olficl.ll still in the County and- :;tale la!.,jIJre.:ti~ till),
iiovember i\ D. ,9 88
My commission expires
6/28/89
r \
1.) t; _ 0'( \ I r,
Cd::.\LQD1........... .1..A.(~.....E.!L.E.E.~..I>\:..~~~!...:......
..No >- ci': '1 i'l1bl i C NOTARY PURL!CIlIi )NEW JERSEY
.. Mv CommiSllon h~lm June 28. \ 989
.Y'ft:-l. ',..,u'''tL..L..
I R1rttJfTl: r..:.eT"I"O .".. ''^'' a
'If: 55 / PC" 910
J 8"\"""",, ~ ...
r<<oc.. - J! /6
Fl.. St. - ).:)W ,o-v
Surtax -
l..un&- -
0')/ /. / c)
A/dr"~ .
Thl\ Instrument Prepared by:
"~dl",,:
rulS 'N~T~t:I..~.f'IT WAS pF.i...,.,ill:.D BY
GE.NE t-,iQ(<i
ATICrlf\;t.'r-Ai-lAW
P. a,.BOX gjO
OOvtlTON BEACH. n.QIllO.A. ~
Property Apprllser3 Pl'rcol identification (Folio) Humber(s):
This lC./arl'illlty 10ccd Me,,/,. iI,.
IRVING B.KIRSCH and CLARA F.
Ilt'rr>i/tu(lpr cul!l,d ,/1(> nrolllur, 10
J
! I
1:
u,
Ii
PROJECT B
EXHBIT B
PAGE 2 of 3
},
1,
d
DEC-20-1988 03:27pm 88-351742
ORB 5909 pg 1059
Con 1,000,000.00 Doc 5,500.00
JOHN 8 DUNk:LEl CLERk: - PB COUNTY, FL
SPACE ABOVE THIS LINE fOR RECORDING I),I,TA
/o/lt... c/a}'ul /j/~J/~IA(A';;<-A.D.I~88 1o}'
KIRSCH, his wife (a/k/a Clara Kirsch)
CITY OF BOYNTON BEACH, FLORIDA, a Florida Municipal
Corporation
U",osp "".Iolfin "clrI"." is City Hall, Boynton Beach, Florida 33435
IH'H.jIlH[I('f l'ullC'cI ,/,(> Hrunl('r': _, _,
/\'-hrrr,rr ""1'.1 hr,,-i.. 11... .rlf'" ".(.."."." and "~r:l"".f'" lllrludr "II lIu' III.r....' 1".11111 IfuUUlnrnt, ..nd
.I.r I".i.,. Inn. I Ir~"r.........i'I" "ilL! .,,,'''") ..I l.llJ"ulu..h, JllI.J ltat H.lffrHOn .lId "~'lIcnl of uHpCJtalwn,j
~{Jitnesselh: TIICII till' w",,/or. fur ""d j" ,.o",lrlNHlj"" 01 /I,e sum uf ~ 10.00 a,,,l oll,,'r
l'uluo/)/fl cutl5icll'rolions. rl"r"pipl wJI('rf'of IS III'r(,/,~, nCkllulI,/I''/!ll'cl. 11I'rc,I,.v (1rollls. hOfgoil15. 5('115. ali(,lls. reo
mises, rel(>(Jses. cOllUeys orlCl cutl/in"s unlo die orolll(>('. (Ill ,/H" C('''uin rOllcl silllOlp in Palm Beach
Cuulll}', Floricl", pi%:
LOTS 8 and 9 of SAM BROWN JR. 's HYPOLUXO SUBDIVISION, to the Town
of Boynton Beach, County of Palm Beach, Florida, according to the
Plat thereof on file in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in Plat book
1 at Page 81, LESS the Right-af-Way for State Road 5 ( U.S. Highway
No.1) SEE ATTACHED FOR FURTHER LEGAL DESCRIPTION TO SUBMERGED LANDS.
SUBJECT TO: easements, reservations, restrictions and road-right-of
way of record, if any, and taxes for the year 1988 and therafter.
Iogether will, all II,. lenemen", heredllamenll and appurtenances Ih.re/o b.longing or In any-
wise nppertainlng.
10 Jtaue and 10 ltold, II.. .ame in f.. .impl. farover.
1J1nd ,/,. granlor hereb,. covenald. will, said granlPO 11101 Il.e gran/or i5 lawfull,. .eiud of saiellancl
in fee .imple; 11.01 Il.e granlar f,OJ good rigl.l and lawlul aulflOril,. 10 sell and convey sold lantl; 1110/ 11..
pranlor /'er.1oy lully warrcmt. Il.e lide 10 .aiel lalld and will defend Ihe .ame oguiml ,he lawful claims of
all pe"o". w'lOmsoev~r; and 11.01 .aid land i. free 01 all encumhrance., excepl laxes accruing wb..quenl
10 December 31, 19 88
In ~i1ness ltIhereof, tile salel gralllar has S1Wleel an.cL.~~tk.e--~ Ihe clay and year
Ilrsl above wrillen. ./
Signed .ealed ancI d./lVere r...nce:. ~ .___. --_.---~::::..::-
~ ~i
/ -- i~~li)ir~. Kir.... .......L:J.. . ... .
..~t{/lAY ?t. /VLVJ d\ W
Clara F. Kirsch \.
STATE OF
COUNTY OF
NEW.JERSEY
MONMOUTH
[ HERE.BY eER 1'1 FY that OQ this day, bdore me, an
officr:.r duly "uth('lrizeu in the Statr: atoresaid and in the County aforesaid, to h,k~ ad.nowledgmenu, ptrlOnl.lly appeared
IRVING B. KIRSCH AND CLARA F. KIRSCH, his wife
to me known to be the perlon desrrikd in .nd who ex"uled .he fo"".'_,.'~ in.lrtlI."...,llnd they .cltnowled~ed
before me ,hI they:xcculrd the ume,
WITNE.SS my h.nd and affici.1 ".1
November A. D. 19 88
My
conunission
expires 6/28/89
ill the County 101 Slal': 'l\H .If':'fl..id thi..
10th
day 0/
. {;) ..~ n..~ ~~l~L'~'~F'}~'~""
N&.t~J~ .'-1:0.::.:., l'::'l!'. '.' ,.
:. '\ I:'. .. ; .:/I~ n, 1969
~F':j ~JL7U7' '-S '1 u ':: '.}
PRO. fEeT B
EXTIIBIT ]I
PAGE :), of -j
AND a Tract of slunerged land in Section 15, Township 45 South,
Range 43 East, Palm Beach County, Florida, more particularly
described as follows:
- - --_..._-~-_.__.,.._.__.--------..__..-
Beginning at a point in the South line of Lot 9, Sam Brown Jr. 's
Hypoluxo Subdivision, according to the plat thereof, on file in
the Office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book I, page 81, at a
distance of 989.93 feet South 890 19' 00. East of the Southwest
corner of said Lot 9, said point being in the high water line of
the West shore of Lake Worth; thence North 120 06' 34" East, along
said high water line a distance of 149.40 feet to a point in the
North line of said Lot 9; thence South 890 18' 20. East, along said
North line projected Easterly, a distance of 217 feet, more or less
to a point in the City of Boynton Beach Bulkhead Line, as established
November 19, 1956, by Ordinance No. 289-1; thence South 40 42' 28"
West, along said City of Boynton Beach Bulkhead Line, a distance of
146.77 feet, to a point in the Easterly projection of the said South
line of Lot 9; thence North 890 19' 00. West, along the Easterly
projection of the said South line of Lot 9, a distance of 237 feet,
Inore or less, to the Point of Beginning~
RECORD VERIFIED
PALM BEACH COUN (Y, FLA.
JOHN B. DUNKLE
CLERK CIRCUIT COURT
EXHIBIT C
CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES
PURCHASE SCHEDULE FORM
14
/~p.~~
/~~,q.'i-\
'~~~...!
\~ . ~ -:;
\ '
'~Q~1l'Y
PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
EXHIBIT C
CONTRACT PAYMENT REQUEST
Date
Grantee:
Project Name:
Submission #:
Reimbursement Period:
Item
~
Project Costs
This Submission
Cumulative
Project Costs
Consulting Services
(CS)
Contractual Services
(C)
Materials, Supplies, Direct Purchases
(M)
Equipment, Furniture
(E)
TOTAL PROJECT COSTS
Kev Leqend
:.6s..~.'Consu.iiYn.g..S.e.;Yices...".....""..."""..."...................
: C = Contractual Services
i M = Materials, Supplies, Direct Purchases
: E = Equipment, Furniture
~........................................................................_........ .......h.................
Certification: ! hereby certify that the above
expenses were incurred for the work identified as
being accomplished in the attached progress
reports.
Cetiification: I rUlereby certify that the documentation has
been maintained as required to support the project
expenses reported above and is available for audit upon
request.
Administrator
Date
Financial Officer
Date
County Funding Participation
PBC USE ONLY
$
$
$
$
$
$
Total Project Costs To Date:
County Obligation To Date
County Retainage ( _ %)
County Funds Previously Disbursed
County Funds Due this Billing
Reviewed and Approved By:
PBC Project Administrator
Date
Department Director
Date
G:\SYINGER\FORMS\3Pg-Exhibit C-Bond.xls
Page 1 of
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EXHIBIT 0
PRE-AGREEMENT COST LIST
(NOT APPLICABLE)
15
CERTIFICATE OF COVERAGE
Certificate Haider
f,jnlll-,lstrator
AITN DICK COHeN
PfI.LM BEf,CH COUNTY BONW OF COUNn
COMMISSIONERS
I,ISK MANAGEMENT DEP,6,RTMENT
150 AlISiRf,LlAN AVENUE
WEST PAL M BE/\CH FL 33405
Florida League of Cities, Inc.
Public Risk Services
P.O. Box 530065
Orlando, Florida 32853-0065
':OVERAGES
Ti liS :8 TO U::RiIFY l>-<AT THE r,GR:':EMENl BELOW HAS BEEN ISSUEJ TO THE DESIGNATED MEM8ER FOR THE COVER/,GE PERIOJ HmICf,T~L~'
rERM OR CONDiTION OF ANY CONTRACT OR OTH::R DOCUMENT WITH RESPECT TO WHICH THIS CERTIF1Ct\TE MAY BE: iSSLJ[D or.;r tM,'( fl1f=
AGREEMENT DESCRIBEO HEREIN is SUBJECT TO ALL TH:: TERMS, EXCLUSIONS AND CONDITIOI>JS OF SUCH AGREE~Ei~~
COVERAGE PROVIDED BY FLORIDA MUNICIPAL INSURANCE TRUST
AGREEMENT NUr"s~~: FMIT 005~=-rCOVERAGE PERIOD FROM 10/1/06 -r COVERAGE PERIOD: T8
;,M
i-if...1[
TYPE OF COVERAGE, LIABILITY
rYPE OF COVEF<AGE ' PROPERTY
~ Empioyee Berlefits Program Administration Liabi:lty
fl Medical Atlendants'/fJ1eolc,,1 Directo,s' fv1alprac:ice UabillL
~ Broad FonTI Property Damage
[J UrN Enforcement liability
[J t Jnrlerground. :::.xoloslon & CollC:;;Jse H<:iZ8rd
--,J BUlldings
c::: BaSIC Forr-
[] SpeCial Forn:
lJ Personal Property
0 BaSIC FOITr
[J Specia: Forni
0 Agreed AmciLm:
L' DeDuctible Nil..
Miscelianeouo-
General Liability'
ir':jarl~j r,,~ar;<
C, Comprehensive General Llabiiity, Bod:ly InJUry. Property Dartl8\)E:! and
Persona: Injury'
~::::ectrClnIC
[] Errors and Oniisslcns liability
:=] Supr:H:~menta! Ernpicyment Practice
~ CCI"SLj,a.r.ce
n
8:ankel
i SpeCP'ic'
Limits of liability
~ Combined Smgle limit
=1 Replacement Cost
:J !'1cll,al Cash 'value
Deductible Ni.l\
Limits of Liability on File with Administr;1tor
Automobile Liability
[Z, All owned Autos (?ri~'ate Passenger)
Q (>\1: owned Autos IOHler Ulan Private Passenge;1
SJ Hired Autos
TYPE OF COVERAGE, WORKERS. COMPENSATtO!,
o S:atutory Workers' CornpensatiO'
l' Emolovers liabilit\,
QOO,OOO EJc.1i
U'JO.CJOG By Disease
Joe AggrE:gale D:sease
L::::,,; r'~ori-O~'mCQ /,uics
Limits of LiCl.bility
~ Combined Single limit
I Deductiole Nit.,
~1
Deductible !JiA
Automobile/Equipment ~ Deductible
@ Pllysl::al Damage Per Sclleduie _ Comorehenslve - Autc Per S:hedule Collision - l\lJ1C ;::Jer Scnedule - Mlscelia;leous Equl;=-:lllent
I Other
The limit of liability 1$ $2.000,000 (combined Single limit) bodily Injury ana/or property damage each occurrence In excess of 8 sclf-IIlSlrec rHentlon of S
$ 100.000 This limit is soieiy for any liability resulting from entry d a claims bit! pursuant to Sec~lor, 768.28 {5': Fio~!da ~;'.rllu!es :~:iosed
to Federal Law or actions outside the State of Florida
. ~._-.-~_._----~--,._.~.__..-...._--~--~_... ----..---..-
Description of Operatiolls/LocationsNel1icles/Specialltems
::',S ~'~'ents. actiVitieS, elections and functions autl)(lflZeC t,lY 'Lne certificate l10iaer ITWO!Vltlg tile (,1esi9natecJ mer'lLier ".,rh::e
premises of tne Certificate Holde:
The certificate holder is h(:;reby added as an addltlonai :.nsurec, as respecs the memners liability regarding tne atJDve
--_.__...._----~--------_._._---- ~ --------~ ----
CO"!FERS NO RIGHTS UPON THE CERT:FiCf.IE HO,-DE'_R TIllS
~')" TH~~
T'l:S CERTIFICATE 15 ISSUED {lS A MA TTEP. OF INFORMATION O~L y
{~LlER THE COVERAGE AFFORDED BY THE AGR~EMENT ABOVE
c:.NKE'_LAllm~s
SHOULD MU F'ART U THE ABC...'VE m:s:;;~Il'lt'~
(XPtRf,TIQN Dt,TE T~E.R~Q;:, -;HE i:;:;SJING
'f'.JRI; TEN NOTiCE. TO IHE CERTIFi::'~r,-;-::
SUCH NOlICE SI-lALllfo'1rOSE NO
"R()C;R!Il\~ ITS N-'CNr:i or, REr~ES~tn/,1
[JESIGNA TED MEMBER
CITY OF BOYIHON BElICH
POBOX310
GoyrnOrJ BEp,CH FL 33425
f MIT-Cfl.:r
liltSTATE
~
MoaUU,.Uc::ot..II">\,NV
STATE NATIONAL INSURANCE CO.
CERTIF1CATE OF INSURANCE
DATE ISSUED: 10/12/06
PRODUCER
Arthur J, Gallagher & Co
2255 Glades Road
Suite 400 E,
Boca Raton, FL 33431
This certificate Ig Issued as a matter of Information only and confers no rights upon
Ule certificate hokler. This certificate DOES NOT amend, extend or alter Ihe coverage
afforded by lhe policies below.
COMPANIES AFFORDING COV[g<A GE
STATE NA110HAL IN$,VBA-N.J;J.i...QQM.E6!'l1_.____
INSURED
City Qf Boynton Beach, FL
100 E. Boynlon Beach Blvd.
Boynton Beach, FL 33435
COMPANY (A)
COMPANY (8)
COMPANY (Cl _____.____
COMPANY (0)
.. c~
'~ ,: .::
.. ..
.
COVERAGES
Tills Is to certify that the policies of Insuranca listed below have been IsSlled to the Insurnd namod al>ove for the polley period Indicated,
notwithstanding any requirement, term or condition of any contra(~ or oU,sr document with respect to wllich this certlOcate may be ISsued Dr may
.pertaln. 1l1e Insur;lI1ce afforded by the policies desCfibed herein Is subject to <lUlhe leml$, exclusions and conditions of such policies. Umlts Show1l
tYlay .have tleen rOOuced by pold claims.
~ ,.. ...., ': ...: '''HO'' ' . ,. ... " ,. ... .,.,..."...'-.'.
co T VPE Or n'fflUAANCE POt..tCY NuM'GER F'Ol"tCY I:FFEc:nv!:: POI. ICY OXPfM nON LIMITS
l"rtl nAIf. "bIIDDIY'() OHE IMIWI)O!YY1
GENI!RAI. lJAlIlUTY
^ r'IiJ COMMERCiAL C.J:NERAl Lll\fllLIlY L>lon C2e6S 15 ,<'vlme 11~.'\J07 GeNfl:.RAL AOGRr.GATE m.JtHQ.t-!!
o CLAIMS MADE maC-CUR. PRODUCTS.COMPfQP AC'.G
o 'OWNER'S i. CO/iTRACTOH'S ~AOT EACH OCCURRENCE
FJR~ DAMAGE {sny one lre)
MEn. ~.Y_PerlSE I8"Yon~ P""'SO'\)
AUT()i.106IlE LlA1;1llITY
^ o M.l\( AUTO !~l A~~~ Nol Apphr.:Jble N 01 ~pptl(;MIe COMBJNE.O SINGLE l.lMH ~1L__
o ALL O\VN'EO AlJTOS OOOte.. Y INJURY !\>Or___J
o SCHEOUL~O AUTOS BOOlL Y INJURY,,,.. 1IJ'_1
o fllRt:O"AlJlOS PROPER'fy r)AMAG&
a NOIo:-O\'1NI!O "UfOS
o GARAGE UAF.!IUTY
,
EXCESS LIABILITY
A tJ UMaRELLA FORM EACH OCCURRENCE SS,COO,'!X1O.
Qil OTt-lF.:P. ntAN UM~RIU,I.A f'Ol~M ltlJ'Jt}7,e&.l15 10.'1,'06 ':0!01,'01 'GGR~GA't'E S10.aoo,@
WORKERS CO,...WENSATIQN Moe 02009 Hi 101'.~ I
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EMPLOYERS l..l.A.mun- E'ACH ACCIDE.NT
DISIWlI;.POI.ICe u..r
~ mSifJ,3E.EACH E.J.1PlOym;::
XXXX __ POLICY SUBJECT TO SIR As per Gl)neflJ{ Endorsfm7Srlf SNS GEN 01,
'-~~S~.RIPTIO~-;~ ;~-~~~ ~IO~;IL;~A ~1~N~;;;;~~~~'~~~~~;I~~~~'~.';~ -- ~~ ~~e~;t~~s u~~~; 'to a. ~i;~';;~;~-~~~;.;n~I-U~l~~
Palm Beach County Board of County Commissioners a political subdiviSion of the Slate of FiQnda. Its Officers Employees and
Agents es additional insured as their Interests may appear lI\roughout the policy period for municipal activities In coordination andlor
..__(;?r.'iu_nc!I(Jr.','Y.i~~. f'_alr.n..l3e~c:~_ ~.~r.'.~_I3..?E1~_o.~.c.9!!r.'tyc.?I11"!1i~'.!.e.~s:_f.':JI_o1tl~r.~"'rTT)~.~"9_C..?~_~it.i?"-~.'?~p"!i9:.~'!.'E1!'2.u_~~~<:'.~,,,d;.._
10J0111J7
:iT ,\TUTORY LIMITS
Stil:wtOlY
CERTIFICATE HOLDER
~ Beach County Board of County
I J-'81n Commissioners
Risk MgL Depl.
160 Auslralian Dr
West Palm Beech, FL 33406
Attantion: Dick Cohen
Should any of the above described pOUci"" be cancelled before the expiration
dste tllereol, the issuing company will endeavor to mail ~ (jays wmlEn notice to
Ihe certificate holder named to ttle left, bUl failure 10 nialt such notice shall impose
no obligation or tiabiflty of any kind upon fhe company, its agents or
representativetl.
/.. .~
) .'! /
, . ,J' /.::'<'J~) ,I
/' ! ,~.. ~,.-,-:_~-_ - ,/'.;,../ .' ...j,o-_~""""'-?
Sandra M, Donaghy'
._~
Authorized signature:
Meadowbrook insurance Group
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR.-.
VI.-CONSENT AGENDA
ITEM C.4
Requested City Date Final Form Must be Requested City Commission Date Final Form Must be
Commission Meetino Dates Turned in to Citv Clerk's Office Meetino Dates Turned in to Citv 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 lS, 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) [8J August 7, 2007 July 16, 2007 (Noon)
I., ,.
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
[8J Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfinished Business
n
L........J
RECOMMENDATION: Approval by Resolution R07-_ the adoption of the City Of Boynton Beach's Five Year
Consolidated/One Year Action Plan for FY 2007/2008, and the contracts for sub-grantees to reflect the proposed
expenditures as outlined in program impact.
{PLANATION: The City Of Boynton Beach is in its eleventh year of receiving Federal Grant Funds. The One Year
~Ian has been developed with the activities recommended and approved and amended by the Commission at their July
17th, 2007, meeting.
PROGRAM IMPACT: The availability of much needed services that are eligible under the CDBG program and provided
to our community by various organizations.
Grant Amount $543,483
Aid to Victims of Domestic Abuse
Boynton Beach Faith Based CDC
Community Caring Center
Fair Housing Center
PBC Resource Center
R. M. Lee CDC
TOTAL SUB-GRANTEES
Awarded to Sub-grantees 7/17/07
10,000
80,000
55,000
5,000
30,000
60,000
$240,000
FISCAL IMPACT: The City Of Boynton Beach expects to receive $543,483 for FY 2007/2008, with $240,000 to be
granted to six (6) sub-grantees. The remaining grant dollars will assist with administrative costs, provide summer camp
scholarships through the City's Recreation & Parks Department, and allow housing rehabilitation and associated
administrative costs. I')
at this time. ~
J{j. .' j /1i~
....tity Man geF's signatu;~. ./
Assistant to City M age UM-/
Community Improvement Division
Department of Development
5: \Community Improvement\Agenda Requests\2007\CCS-7 CDBG Plan & Contracts. doc
2
RESOLUTION R07-
3
4
5
6
7
A RESOLUTION OF THE CITY OF BOYNTON BEACH~
FLORIDA~ APPROVING THE ADOPTION OF THE
CITY OF BOYNTON BEACH~S FIVE YEAR
CONSOLIDA TED/ ONE YEAR ACTION PLAN FOR
2007-08; APPROVING AND AUTHORiZING
EXECUTION OF CONTRACTS WITH GRANT
RECIPIENTS TO REFLECT THE PROPOSED
EXPENDITURES AS OUTLINED IN THE PROGRAM
IMPACT; AND PROVIDING AN EFFECTIVE DATE.
8
9
10
11
12
13
14
15
16 WHEREAS, the City of Boynton Beach is entering into its eleventh year of
17 receiving federal grant funds as an entitlement community; and
I
18 WHEREAS, the One-Year Action Plan has been developed with activities
19 recommended and approved by the Commission at its July 17,2007 meeting.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
23 as being true and correct and are hereby made a specific part ofthis Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission of the City of Boynton Beach hereby approves the
26 adoption of the City of Boynton Beach's Five Year Consolidated/One Year Action Plan for fiscal
27 year 2007-08, which Plan is attached hereto as Exhibit "A" and made a part hereof. and approves
28 and authorizes execution of contracts with grant recipients.
29
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\07-08 Five Year One Year Plan (Comm Imp).doc
- 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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27
28 ATTEST:
29
30
31
32
33 Janet M. Prainito, CMC
34 City Clerk
35
36
37 (Corporate Seal)
PASSED AND ADOPTED this day of August, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESO\07-08 Five Year One Year Plan (Comm Imp).doc
- 2 -
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
AID TO VICTIMS OF DOMESTIC ABUSE, INC.
THIS AGREEMENT, entered into this day of , 2007, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and AID TO VICTIMS OF DOMESTIC ABUSE, INC., a
non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having
its principal office at Post Office Box 667, Delray Beach, FL 33447 and its Federal Tax Identification
Number as 59-2486620.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and AID TO VICTIMS OF DOMESTIC ABUSE, INC. desire to provide the activities
specified in Part II of this contract;
^ nr1
rl.11\,..I
Whereas, the City of Boynton Beach desires to engage AID TO VICTIMS OF DOMESTIC ABUSE, INC. to
implement such undertakings of the Community Development Block Grant Program. Now, therefore, in
consideration of the mutual premises and covenants herein contained, it is agreed as follows:
PART I
DEFINITION AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Community Improvement Division
4) "The Agency" means AID TO VICTIMS OF DOMESTIC ABUSE, INC.
Page 1 of 16
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.s. HUD" means the Secretary of the U.s. Department of Housing and Development
or a person authorized to act on u.s. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $10,000.00 for the period of
October I, 2007 through September 30, 2008.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-07-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from cm, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2008.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to cm for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and cm. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to cm. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D. Conditions on which Payment is continqent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the cm Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the cm Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with cm in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee cm Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the cm Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify cm in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to cm and approved by cm prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the cm Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.S. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the eID
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
Page 5 of 16
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERAL CONDITIONS
A. Opportunities for Residents and Civil Riahts Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small. and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
Page 6 of 16
C. Proiect Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that cm will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID,
information and status reports required by CID, the City, or U.s. HUD on forms approved by CID.
~.1onthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General
Page 7 of 16
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A~133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
Page 8 of 16
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
Page 9 of 16
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the COBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CIO provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. ~itizen Participation
Agency shall cooperate with cm in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of cm or the City.
K. Project Publicitv
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUO in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-133
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
Page 10 of 16
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shall be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDSG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
Page 11 of 16
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date u.s. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to cm.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to em at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
Page 12 of 16
R. Independent Contractor
Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2007.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
AID TO VICTIMS OF DOMESTIC ABUSE, INC,
By:
By:
[CORPORATE SEAL]
Page 14 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
THIS AGREEMENT, entered into this day of , 2007, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and BOYNTON BEACH FAITH BASED COMMUNITY
DEVELOPMENT CORPORATION, a non-profit corporation duly organized and existing by virtue of the
laws of the State of Florida, having its principal office at Post Office Box 337, Boynton Beach, Florida
33425 and its Federal Tax Identification Number as 65-0971509.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
desire to provide the activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage BOYNTON BEACH FAITH BASED COMMUNITY
DEVELOPMENT CORPORATION to implement such undertakings of the Community Development Block
Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein
contained, it is agreed as follows:
PART I
DEFINITION AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Community Improvement Division
Page 1 of 16
4) "The Agency" means BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT
CORPORA nON
5) "C1O Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the C10 Policies Procedures
6) "U.s. HUD" means the Secretary of the u.s. Department of Housing and Development
or a person authorized to act on U.S. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by C1O, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to C1O. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $80,000.00 for the period of
October I, 2007 through September 30, 2008.
Page 2 of 16
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-07-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2008.
c.
Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Page 3 of 16
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
D. Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the C10 Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the C10 Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with C10 in accordance with Part N, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee C10 Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the C10 Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify C10 in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to C10 and approved by C10 prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
Page 4 of 16
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.S. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies \^/ith any additional conditions that may be imposed by eID, the City' or U.s. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the CID
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
Page 5 of 16
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CrD. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERAL CONDITIONS
A. Opportunities for Residents and Civil Riqhts Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small, and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
Page 6 of 16
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
C. Proiect Beneficiaries
At least 51 percent (51 %) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to C1D, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID,
information and status reports required by CID, the City, or U.s. HUD on forms approved by cm.
Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
Page 7 of 16
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for revievv' or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
Page 8 of 16
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attornels fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in fOice Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
Page 9 of 16
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-ll0
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to cm provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with cm in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of cm or the City.
K. Proiect Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-1l0, A-122 and A-133
Page 10 of 16
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CrD.
Items 9 through 14 above shall be transmitted to cm by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
Page 11 of 16
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of u.s. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to cm.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Page 12 of 16
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to CID at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
R. Independent Contractor
Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who wi!!
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2007.
A TIEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
cm CLERK
cm MANAGER
APPROVED AS TO FORM:
cm A TIORN EY
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
By:
By:
[CORPORATE SEAL]
Page 14 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
THIS AGREEMENT, entered into this day of , 2007, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and COMMUNITY CARING CENTER of BOYNTON
BEACH, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of
Florida, having its principal office at 145 N.E. 4th Avenue, Boynton Beach, Florida 33435 and its Federal
Tax Identification Number as 65-0447796.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and COMMUNITY CARING CENTER of BOYNTON BEACH, INC. desire to provide the
activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage COMMUNITY CARING CENTER of BOYNTON
BEACH, INC. to implement such undertakings of the Community Development Block Grant Program.
Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed
as follows:
PART I
DEFINITION AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Division of Community Redevelopment
4) "The Agency" means COMMUNITY CARING CENTER OF BOYNTON BEACH, INC.
Page 1 of 16
5) "C!D Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.s. HUD" means the Secretary of the u.s. Department of Housing and Development
or a person authorized to act on U.S. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by u.s. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by C!D, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to C!D. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $55,000.00 for the period of
October I, 2007 through September 30, 2008.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-07-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2008.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shail be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D. Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.S. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior 'vvritten appiOval of the cm
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
Page 5 of 16
cm the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERAL CONDITIONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small, and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
Page 6 of 16
C. Proiect Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID,
information and status reports required by CID, the City, or U.S. HUD on forms approved by CID.
~J}onthly Grantee Performance Reports 4949.2 (Activity' Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General
Page 7 of 16
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to cm within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
Page 8 of 16
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to Habilfty caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
Page 9 of 16
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to cm provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with cm in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of cm or the City.
K. Proiect Publicitv
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency wili include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-133
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
Page 10 of 16
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shall be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
Page 11 of 16
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for seNices rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraoing
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to C!D.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to C!D at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
Page 12 of 16
R. Independent Contractor
Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
, 2007.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
By:
By:
[CORPORATE SEAL]
Page 14 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC.
THIS AGREEMENT, entered into this day of , 2007, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and FAIR HOUSING CENTER OF THE GREATER PALM
BEACHES, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State
of Florida, having its principal office at 1300 West Lantana Road, Suite 200, Lantana, Florida 33462 and
its Federal Tax Identification Number as 65-0972629.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. desire to provide
the activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage FAIR HOUSING CENTER OF THE GREATER
PALM BEACHES, INC. to implement such undertakings of the Community Development Block Grant
Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is
agreed as follows:
PART I
DEFINITION AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "ClD" means Division of Community Redevelopment
4) "The Agency" means FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC.
Page 1 of 16
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.s. HUD" means the Secretary of the u.s. Department of Housing and Development
or a person authorized to act on u.s. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $5,000.00 for the period of
October I, 2007 through September 30, 2008.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-07-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.s. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2008.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D. Conditions on which Pavment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the cm Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the cm Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with cm in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee cm Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the cm Manager or his designee and placed or
file with CID. Should a project receive additional funding after the commencement of this Agreement.
the Agency shall notify cm in writing within thirty (30) days of their notification by the funding sou'c -
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any tirr.e
the C'lty deem~ necessary +-0 determ'lne the _~~~h;I'lty ~~ +-h~ ^~~~-" +-0 ~__~II" -~~~~~ +-he pro~e-+-
. I ~ I L I I ~C1J.1C1VI VI LIII:: /"'\,:!I::II~Y I. 11~~aIlY IIIClla,:!1:: I. I J l..\.: i
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to cm and approved by cm prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the cm Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.s. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or u.s. HUD at any time.
7) Prior Written Approvals - Summary
The follo'vving includes, but is not limited to, activities that require the prior written approvai of the CID
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
Page 5 of 16
cm the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERAL CONDITIONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small. and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
Page 6 of 16
C. Proiect Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "AIf of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID,
information and status reports required by CID, the City, or U.S. HUD on forms approved by CID.
~.10nthly Grantee Performance Repor-LS 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General
Page 7 of 16
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to eID within one hundred and eighty' (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
Page 8 of 16
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, 'vvhich must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-ll0
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
Page 9 of 16
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to cm provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with cm in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of cm or the City.
K. Proiect Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-B3
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
Page 10 of 16
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shall be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the .A.gency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
Page 11 of 16
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to cm.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to cm at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
Page 12 of 16
R. Independent Contractor
Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.s. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Aqreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2007.
ATTEST:
JANET PRAINITO, CMC
cm CLERK, cm OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
cm CLERK
cm MANAGER
APPROVED AS TO FORM:
cm ATTORNEY
FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC,
By:
By:
[CORPORATE SEAL]
Page 14 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
PALM BEACH COUNTY RESOURCE CENTER
THIS AGREEMENT, entered into this day of , 2007, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and PALM BEACH COUNTY RESOURCE CENTER, a non-
profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its
principal office at 2001 Broadway, Suite 250, Riviera Beach, Florida 33404 and its Federal Tax
Identification Number as 65-0880746.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and PALM BEACH COUNTY RESOURCE CENTER desire to provide the activities specified
in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage PALM BEACH COUNTY RESOURCE CENTER to
implement such undertakings of the Community Development Block Grant Program. Now, therefore, in
consideration of the mutual premises and covenants herein contained, it is agreed as follows:
PART I
DEFINITION AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Division of Community Redevelopment
4) "The Agency" means PALM BEACH COUNTY RESOURCE CENTER
Page 1 of 16
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.S. HUD" means the Secretary of the U.s. Department of Housing and Development
or a person authorized to act on U.S. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $30,000.00 for the period of
October I, 2007 through September 30, 2008.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-07-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2008.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shaii be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D. Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-ll0 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.s. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The follov'v'ing includes, but is not limited to, activities that require the prior written approval of the CID
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
Page 5 of 16
cm the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERAL CONDITIONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small, and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
Page 6 of 16
C. Project Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitorino
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by cm or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID,
information and status reports required by CID, the City, or U.S. HUD on forms approved by CID.
iv10nthiy Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General
Page 7 of 16
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMS A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMS A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMS A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMS Circulars A-llO, A-133 and other
,
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Secomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
Page 8 of 16
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
Page 9 of 16
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to cm provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with cm in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of cm or the City.
K. Project Publicitv
Ail facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-133
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
Page 10 of 16
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shall be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
Page 11 of 16
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.s. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of u.s. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CrD.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to cm at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
Page 12 of 16
R. Independent Contractor
Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2007.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
cm CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
PALM BEACH COUNTY RESOURCE CENTER
By:
By:
[CORPORATE SEAL]
Page 14 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
R, M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
THIS AGREEMENT, entered into this day of , 2007, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and R. M. LEE COMMUNITY DEVELOPMENT CENTER,
INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida,
having its principal office at 900 N. Sea crest Blvd., Boynton Beach, Florida 33435 and its Federal Tax
Identification Number as 65-0937804.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. desire to provide the
activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage R. M. LEE COMMUNITY DEVELOPMENT
CENTER, INC. to implement such undertakings of the Community Development Block Grant Program.
Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed
as follows:
PART I
DEFINITION AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CIO" means Division of Community Redevelopment
4) "The Agency" means R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
Page 1 of 16
5) "cm Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.s. HUD" means the Secretary of the u.s. Department of Housing and Development
or a person authorized to act on U.s. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by u.s. HUD
B. PUr'Dose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to cm. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $60,000.00 for the period of
October I, 2007 through September 30, 2008.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-07-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2008.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence! in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D. Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws{ ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CrD Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with cm in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the cm Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the cm Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.S. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the cm
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
Page 5 of 16
ClD the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to ClD's prior approval. Pay rates and increases paid out of CDSG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERAL CONDITIONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small. and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
Page 6 of 16
C. Project Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID,
information and status reports required by CID, the City, or U.S. HUD on forms approved by CID.
Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General
Page 7 of 16
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to eID 'Nithin one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
Page 8 of 16
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, \Nhich must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
Page 9 of 16
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with cm in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of cm or the City.
K. Proiect Publicitv
All facilities purchased or constructed pursuant to this Agreement should be dearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-B3
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
Page 10 of 16
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shall be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, dra'v'v'ings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with COBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
Page 11 of 16
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraoing
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.s. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to cm.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to cm at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
Page 12 of 16
R. Independent Contractor
Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)( a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2007.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CIlY MANAGER
APPROVED AS TO FORM:
CIlY ATTORN EY
R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
By:
By:
[CORPORATE SEAL]
Page 14 of 16
VI.-CONSENT AGENDA
ITEM C.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\tl
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)
0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2,2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) C8J August 7, 2007 July 16,2007 (Noon)
0 AnnouncementslPresenta tions 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM C8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to approve the first Task Order for the RFP: "SCADA and Telemetry Goods and
Services" RFP# 037-2821-07/CJD in the amount of: $ 1,394,247.90.
EXPLANATION: At the Commission meeting of June 19, 2007, DcR Engineering, Inc. of Lakeland, Florida was
awarded a contract to provide Supervisory Control and Data Acquisition (SCADA) system and Telemetry system
services for the Utilities Department on a task order basis. This first task order will provide engineering, design,
configuration, installation, and training service required to provide the City with remote monitoring and control of
the City's lift stations, wells, water treatment plants, and water storage and pumping facilities. Concurrently, 129 of
the City's existing water and wastewater pumping facilities will be upgraded and remotely monitored, controlled,
alarmed and historically logged. After completion, the new Telemetry System will provide more reliable and superior
service to the City of Boynton Beach Utility's customers. This task will include all hardware, software, installation,
startup and system testing for the deliverables as itemized on the attached task order.
PROGRAM IMP ACT: The purpose of this task order is the first phase of a multi year project and calls for the
installation of the SCADA and Telemetry infrastructure and the replacement of the existing remote control systems at
our wellfields, remote storage facilities, stormwater pumping stations and a number of wastewater lift stations.
Subsequent phases will complete the replacement of the remote control systems at the lift stations and also replace the
Water Treatment Plant control systems, merging everything into one single system. This phase of the project is
expected to take about one year.
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
These funds have been budgeted in the CIP 2006-2007 Budget to be charged as follows:
FISCAL IMPACT:
ACCOUNT#
403-5000-590-96-02 WTR 132
403-5000-590-96-04 SWR 112
403-5000-590-96-02 WTR 105
EXPENDITURE:
$124,911.00
$1,004,667.36
$264,669.54
AL TERNA T1VES, By not doIng 'hI, t.,k o,d", w, wonld h, p,ovldlng '~~'= ,",tom""
City Manager's Signature
Procurement Services
S:\BULLET1N\FORMS\AGENDA lTEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING THE CITY
5 MANAGER TO EXECUTE TASK ORDER NO. U07-03
6 IN THE AMOUNT OF $1,394,247.90 WITH DCR
7 ENGINEERING SERVICES, INC., FOR
8 ENGINEERING, DESIGN, CONFIGURATION,
9 INSTALLATION, AND TRAINING SERVICE
10 REGARDING THE CITY'S LIFT STATIONS, WELLS,
11 WATER TREATMENT PLANTS AND PUMPING
12 FACILITIES; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15
16 WHEREAS, at the Commission meeting of June 19,2007, DcR Engineering, Inc.,
17 of Lakeland Florida was awarded a contract to provide Supervisory Control and Data
18 Acquisition (SCADA) system and Telemetry system services for the Utilities Department on
19 a task order basis; and
20 WHEREAS, the purpose of this Task Order is the first phase of a multi year project
21 and calls for the installation of the SCADA and Telemetry infrastructure and the replacement
22 of the existing remote control systems at our wellfields, remote storage facilities, stormwater
23 pumping stations and a number of wastewater lift stations; and
24 WHEREAS, the City Commission of the City of Boynton Beach upon
25 recommendation of staff, deems it to be in the best interest of the citizens of the City of
26 Boynton Beach to authorize execution of Task Order U-07-03 in the amount of
27 $1,394,247.90, with DcR Engineering Services, Inc., for engineering, design, configuration,
28 installation, and training service regarding the city's lift stations, wells, water treatment
29 plants, and water storage and pumping facilities.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESOlAgreemenls\Task . Change Orders\DCR Task Order U-07-03.doc
Section 1 .
The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and conect and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4
Section 2.
The City Commission of the City of Boynton Beach. Florida does
5
hereby authorize and direct the approval and execution by the City Manager of Task Order
6
U-07-03 in the amount of $1,394,247.90, v-/ith DcR Engineering Services, Inc.. for
7
engineering, design, configuration, installation, and training service regarding the city's lift
8
stations, wells, water treatment plants, and water storage and pumping facilities, a copy of
91
. - II
lU
which is attached hereto as exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
11 PASSED AND ADOPTED this
day of August, 2007.
12.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 ATTEST:
31
32
33 Janet M. Prainito, CMC
34 City Clerk
35
36 (Corporate Seal)
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald \'1-../ eiland
Commissioner - Mack McCray
Commissioner - Carl McKov
S:\CA\RESO\Agreemenls\Task . Change Orde:-s\DCR Task Oreer U-(!7.03.dOc.:
City of Boynton Beach
Utilities Department
Utilities #07-95
Interoffice Correspondence
TO:
Bobby Jenkins
Assistant Finance Director
DATE:
16th July, 2007
FROM:
Kofi Boateng
Utilities Director
PHONE:
PROJECT:
RFP #037-2821-07/CJD SCADA and Telemetry Goods and Services:
Phase 1, System Infrastructure and Remote Telemetry Units
SUBJECT:
Task Order # U-07-03 (revised)
Please find the attached task order for DcR Engineering Services, Ine based upon RFP # 037-2821-07 /CJD
SCADA and Telemetry Goods and Services. This is the first phase of a multi year project and calls for the
installation of the SCADA and Telemetry infrastructure and the replacement of the existing remote control
systems at our wellfields, remote storage facilities, stormwater pumping stations and a number of wastewater lift
stations. Subsequent phases will complete the replacement of the remote control systems at the lift stations and
also replace the Water Treatment Plant control systems, merging everything into one single system. This phase of
the project is expected to take about one year.
As explained in the original RFP submission the current SCADA and Telemetry systems are either giving
serious reliability problems or are no longer supported by the original manufacturer. The replacements are based
around an open system architecture and will be designed to integrate into any future system requirements needed
by the Utility. The outcome will be a more comprehensive system providing for improved response times to
problems at our remote installations and greater reliability during weather or power emergencies.
The attached documents include the Task Order, an exhibit showing the cost breakdown and the associated
pricing sheets from the RFP submission from DcR Engineering Services, Ine. We have also included lists of the
telemetry systems to be changed out and their addresses.
Funds are available in the CIP at Utilities Account Nos. 403-5000-590-96-02 WTR 132 $124,911.00
403-5000-590-96-04 SWR 112 $1,004,667.36
403-5000-590-96-02 WTR 105 $264,669.54
TOTAL $1,394,247.90
CC Pete Mazzella
Barb Conboy
Michael Low
Project File
TASK ORDER NO. U - 07- 03
CITY OF BOYNTON BEACH UTILITIES DEPARTMENT
124 East Woolbright Road
Boynton Beach, Florida 33435
Title of Project: RFP #037-2821-07/0D SCADA and Telemetrv Goods and Services:
Phase 1. System Infrastructure and Remote Telemetry Units
A. SCOPE OF SERVICES:
This project will provide engineering, design, configuration, installation and training services required to
provide the City with remote monitoring and control of the City's Lift Stations, Wells, Water Treatment
Plants and Water Storage and Pumping Facilities. Concurrently, 129 of the City's existing water and
wastewater pumping facilities will be upgraded and remotely monitored, controlled, alarmed and
historically logged. After completion, the new Telemetry system will provide more reliable and superior
service to the City of Boynton Beach Utility's customers. This task will include all hardware, software,
installation, startup and system testing for the deliverables itemized below.
DELlVERABLES AND SERVICES INUUDED:
Reference the attached spreadsheet (Exhibit 1) and RFP #037-2821-07/CJD for details of the project
deliverables and pricing.
1. Provide engineering, design, installation and configuration of two Central Servers/Field Interface
Units (FlUs). One FlU will be located at the East Water Treatment Plant with a second redundant
FlU located at the West Water Treatment Plant. Each of the FlU's will consist of 4 Front End
Processors (FEPs), Redundant VTScada Server computers, Ethernet switches, 4 CDM750 Radios,
antennas and rack mount enclosures. FlU redundancy will be configured via radio and the City's
control network. VTScada redundancy will be configured via the City's control network and will
auto-synchronize after a network failure. Provisions will be made for additional network
redundancy.
2. Furnish and install upgrades to the City's two existing VTS/VTScada software licenses to the
latest version with upgrades and support through June 5, 2008.
3. Furnish and install redundant VTS Browser Server License to the existing VTS Servers for remote
access via Microsoft Internet Explorer.
4. Furnish seven (7) additional concurrent VTS Browser Licenses for a total of eight (8).
5. Provide upgrades and support licenses for the VTS Browser Clients through June 5,2008 to
coincide with the existing VTScada Server Licenses.
6. Engineer, design, furnish, install and configure four RF repeaters. Preliminary design divides the
City into 4 zones at Boynton Beach Blvd N&S and Congress Ave E&W. The repeaters will be
located at NW: LS918, NE: LS309, SW: LS814, SE: LS40S. NoRemote Telemetry Unit (RTU) will be
Page 10f4
required to communicate more than 1.9 miles and we expect no RTU antenna to be over 6 foot
elevation. To restore the ambiance of the City, the existing eyesore towers will be removed and
dome antennas will be utilized.
7. Furnish a spare repeater, setup and configured for replacement in case of a zone repeater
failure.
8. Provide engineering and professional services for combining the existing remote water and
wastewater HMI applications into a single redundant application. This will provide a combined
point of access for operational, reporting and alarming. Information Realms will be created for
personnel and access security.
9. Currently, the City's business and SCADA networks are shared creating a potential security risk to
the City water system. This item will, in conjunction with the planned plant SCADA upgrade,
provide the additional hardware required to isolate the two networks and provide a secure-point
of entry into the SCADA network from the business network.
10. Provide a customized and extensive training program for Maintenance, Operations, Engineering
and Administration. The City's Maintenance personnel will be trained in self-performing repairs,
upgrades and ongoing maintenance of the pumping station equipment. Operators will be
trained in control and first response procedures based on the City's Standard Operating
Procedures (SOPs). Engineering and Administration will be trained in system configuration, data
analysis, security administration, and specification and design procedures.
11. This item will provide materials combined with a standard duplex lift station RTU for "hands on"
training of Maintenance Personnel. A standard lift station Pump Control panel will be
manufactured per the City's specification during training utilizing a standard duplex RTU. After
completion of the training program, the Pump Control Panel may be installed at an existing lift
station budgeted for upgrade.
12. Upgrade 90 of the City's 154 Duplex Lift Stations itemized in Exhibit 2 with MOSCAD ACE RTUs.
This item will provide wireless monitoring, control, alarming and reporting of ninety existing
duplex lift station. The existing SCADA equipment and towers will be removed and the controls
upgraded to current National Electrical Codes (NEC) and Underwriters laboratory (Ul}
Standards. Pump control redundancy, emergency alarm reporting, station history and operation
records, and pump control standardization will be provided with this item.
13. Upgrade the City's 5 Triplex Lift Stations itemized in Exhibit 2 with a Motorola MOSCAD ACE RTU.
This item will provide wireless monitoring, control, alarming and reporting offive existing triplex
lift stations. The existing SCADA equipment and towers will be removed and the controls
upgraded to current National Electrical Codes (NEC) and Underwriter's Laboratory (Ul)
Standards. Pump control redundancy, emergency alarm reporting, station history and operation
records, and pump control standardization will be provided with this item.
14. Upgrade the City's single Quadruplex Lift Station itemized in Exhibit 2 with a Motorola MOSCAD
ACE RTU. This item will provide wireless monitoring, control, alarming and reporting ofthe
existing quadruplex lift station. The existing SCADA equipment and tower will be removed and
the controls upgraded to current National Electrical Codes (NEe) and Underwriter's laboratory
(Ul) Standards. Pump control redundancy, emergency alarm reporting, station history and
operation records, and pump control standardization will be provided with this item.
15. Upgrade the City's 19 Wells in the East Well Field with Motorola MOSCAD ACE RTUs. This item
will provide wireless monitoring, control, alarming and reporting of the existing twenty wells in
the east well field. The existing SCADA equipment and towers will be removed and the controls
upgraded to current National Electrical Codes (NEe) and Underwriter's laboratory (Ul)
Page 2 of4
Standards. Pump control, emergency alarm reporting, station history and operation records,
and pump control standardization will be provided with this item.
16. Upgrade the City's 11 Wells in the West Well Field with Motorola MOSCAD ACE RTUs. This item
will provide wireless monitoring, control, alarming and reporting of the existing eleven wells in
the west well field. The existing SCADA equipment and towers will be removed and the controls
upgraded to current National Electrical Codes (NEC) and Underwriter's laboratory (UL)
Standards. Pump control, emergency alarm reporting, station history and operation records,
and pump control standardization will be provided with this item.
17. Upgrade the City's 2 Water Storage and Pumping Facilities with Motorola MOSCAO ACE RTUs.
This item will provide wireless monitoring, control, alarming and reporting of the existing two
water storage and pumping system. The existing SCADA equipment and towers will be removed
and the controls upgraded to current National Electrical Codes (NEe) and Underwriter's
laboratory (UL) Standards. Pump control redundancy, tank level monitoring, valve control..
emergency alarm reporting, station history and operation records, and pump control
standardization will be provided with this item.
B. SCHEDULE
The final schedule for OCR Engineering Services, Inc.'s services will extend from our authorization
date to 360 calendar days.
Page3of4
C. COMPENSATION TO THE ENGINEER
For conducting the base services delineated in Section A, Task Order 2007-01 is amended to the
Agreement dated June 19,2007; DCR shall receive the lump sum fee of $1,394,247.90. This fee
includes all labor and other direct costs for the scope of work spedfied in Section A of this Task
Order and are represented in Exhibit 1 and RFP #037-2821-07/CJD. Additional work efforts
requested by the City, which are beyond the scope of work identified in Section A of this Task
Order, will be negotiated separately from this scope as compensation to DCR for this additional
work. Partial payments of the lump sum fees are to be paid to DCR on a monthly basis in
proportion to the percentage of work completed and materials received.
AMOUNT AUTHORIZED FOR
TASK ORDER NO. U - 07- 03
$
1.394.247.90
Submitted By:
Todd BI:i_dbenner, P .E.
Presid nt, OCR Engineering Services, Inc.
CITY OF BOYNTON BEACH, FLORIDA
Approved By:
Kurt Bressner
City Manager
Approved as to Form:
Attest! Authenticated:
Office of the City Attorney
Secretary
Page 4 of 4
Exhibit 1
Redundant Centrals/FlUs
to RFP #037-2821-07/CJD
This Information IS based on OCR En
Per DCR's RFP resoonse pricing and 80M This Includes, at
leach of the WTPs complete engineering. design, Installed and
IfU:1ctlonal 4 Front End Processors (FEP), Redundant \!TScada
IServer computers. Ethernet switches, 4 CDM75D Radios,
lantennas ana configuratIon FlU redundancy will be configured
via radio and the eXlstJng network VTScada redundancy will be
configured vIa the eXisting netvvork and will auto~synchronlzalJon
after a network failure.
67.58302
Uns item 1 Includes new minor managed Ethernet switches for
ithe new SCADA equipment. We have also included design and
)isolation of the new SCADA Ethernet as part of the FlU
!Implementatlon with the VTScada Seryers being the entrance
ipolnt from the Business net'Nork This includes Isolation 01 the
lexlstlng I="IX and PLC SCADA network. IsolatIon at both the East
land West WTPs, As the plant SCADA (FIX) IS combined with
ithe VTS and the MES servers are Implementeo, additional
points of entry may be required. We have provided thiS
allowance for more powerful network equIpment for additional
security abilitIes Per DCR's RFP response these materials will
be Invoiced at cost plus 19%,
15
17 Water Stora e and Pum in
Total
1.366,909.71
Task. Amount
1394.247.90
Quadraplex Liftstation
DESCRIPTION TOTAL
NO ITEM/DESCRIPTION QTY COST
1 F7574, ACE3600 FORCM200 UHF . "'.> ......;. 1 ,-c- 1,279.00
.....2 V851, CM200 RADIO ".' '., . ..... , ;' 1 535.00
3 V214,38 X 38C;M METAL CHASSIS ... .. :. , 1 196.00
4 V103, 31/0 SLOTSFRAME;" ",' ,', "'>~ 1 ,.205.50
'5 V261;AC PS!\!)~2.64V WITH BATTERY CHARGER.. 1 364.00
li6 V114;6;5 AHBAPKUP BAljTERY 1 164.50
.')'7 V24!),'.16DIADO EE4AI20MA" .........c,'...>,:>..:. 2 "'.1,373.00
8 V20}ADD: BLANK MODULE , , :....,...:... 1 I....; ", 27.70
'9 :.CPl . ..:....,....;.,..:.......".\.......:,' "',.,(.
'<.10 87
11 RTU/HMI Applications and Software Configuration 1 189.50
12 RTU Mount, Antenna and Cabling. Low Profile Antenna 1 510.62
13 AC Surge Suppression (Hesco) 1 64.15
14 Backup Pump Controller BR560 (2 pump control) 1 473.35
15 Analog Voltage Monitor BR549 (300V/600V) 1 407.90
16 3 Ph Fuse Block w/ CC fuses (for phase monitor) 1 113.49
17 Ammeters (each 1 required for each pump 5/8" Hole) 4 670.62
18 RTU Intrusion Switch and Bracket 1 71.91
19 PCP/Site Intrusion Switch and Bracket 1 112.96
20 Prepreparation and Installation 1 284.25
21 Controller CoversionfTumaround 1 717.25
22 Mixed i/O Interface Block 2 1,109.50
23 Operator Panel custom sheet metal 1 43.98
24 Horn and Light 1 130.90
25 Sq. D 3 Position Selector Switch w/ 4 NO contacts 4 201.44
26 Sq. D Hand/Off/Auto Nameplate 4 13.80
27 Sq. D LED Run Light 4 181.74
28 Sq D Pump Run Nameplate 4 26.94
29 Custom Engraved Tags 1 9.52
30 Momentary Push Button 1 21.84
31 Hour Meter 4 185.64
32 Assembly and Prewire 1 47.38
33
34
35
36
37
38
39
40
41 Professional Enginneer 1 113.70
42 OEM Drawing 1 23.90
43 Administration 1 6.63
':4'4 Acceptance Testing 1 69.50
hf45 Warranty . '. 1 34.75
'\4E! Truck Rental' . 1 .. 80,00
(47 Hotels (GSA Rates) 2 ..' 192.00
CA8 Meals (GSA Rates) 2 .... ....
1"49 State Sales Tax . 7.00% 431.12
.j, 50 Freiaht' '., 2.50% . '.. 153.97
51 Bond
SHEET TOTALS 10.838.95
I $ 10,838.95
Tri plex Liftstation
DESCRIPTION TOTAL
NO ITEMIDESCRIPTION QTY COST
1 F7574, ACE3600 FOR CM200 UHF 1 1,279.00
2 V851 , CM200 RADIO. '.' 1 535.00
3 V214, 38 X 38 CMMETAL CHASSIS 1 196.00
.' 4 V103,3'1/0 SLOTS FRAIylE:, , .... .... 1 205.50
5 V261. AC PS 85-264 V WITH BATTERY CHARGER 1 364.00
6 V114, 6.5 AH BACKUP BATTERY 1 ..... 164.50
7 V245, .16D14 DOEE 4 AI 20MA ....... .- 2 . 1,373.00
8 V20, ADD: BLANK MODULE .... .' .. 1 ". 27.70
;'>9 F7502,ACE CPU3640' - . .......
.
i: 10 ,',;,.;,,":,"'.."'" = ", :. ........', "\..' ...;,
11 RTU/HMI Applications and Software Configuration 1 189.50
12 RTU Mount, Antenna and Cabling, Low Profile Antenna 1 510.62
13 AC Surge Suppression (Hesco) 1 64.15
14 Backup Pump Controller BR560 (2 pump control) 1 473.35
15 Analog Voltage Monitor BR549 (300V/600V) 1 407.90
16 3 Ph Fuse Block w/ CC fuses (for phase monitor) 1 113.49
17 Ammeters (each 1 required for each pump 5/8" Hole) 3 502.97
18 RTU intrusion Switch and Bracket 1 71.91
19 PCP/Site Intrusion Switch and Bracket 1 112.96
20 Prepreparation and Installation 1 284.25
21 Controller CoversionlTurnaround 1 717.25
22 Mixed i/O Interface Block 2 1.109.50
23 Operator Panel custom sheet metal 1 43.98
24 Horn and Light 1 130.90
25 Sq. D 3 Position Selector Switch w/4 NO contacts 3 151.08
26 Sq. D Hand/Off/Auto Nameplate 3 10.35
27 Sq. D LED Run Light 3 136.30
28 Sq D Pump Run Nameplate 3 20.21
29 Custom Engraved Tags 1 9.52
30 Momentary Push Button 1 21.84
31 Hour Meter 3 139.23
32 Assembly and Prewire 1 47.38
33
34
35
36
37
38
39
40
41 Professional Enginneer 1 113.70
42 OEM Drawing 1 23.90
43 Administration 1 6.63
-44 Acceptance Testing 1 69.50
45 Warranty 1 34.75
46 Truck Rental 1 80.00
47 Hotels (GSA Rates) 2 192.00
48. Meals (GSA Rates) 2
.49 State Sales Tax 7.00% 413.96
50 Freiqht 2.50% 147.84
51 Bond
l--- SHEET TOTALS .---- 10.495.62
t--..-.. ---_._--,~---~._.,.. -- - ----_._._._---~-_..._----- .
----~,._---~--- _______n._____ -~-.I$ 10.495.62
Duplex Liftstation
DESCRIPTION
NO ITEM/DESCRIPTION
"1 F7574,ACE3600FOR CM200UHF.. . <>
'. 2 V851,CM200 RADIO>....> .... ...)i:
> 3 V21:4,38X 38 CM METAL CHASSISu ..
'.:'4 'C>ln s~.: .."i
5 V261/AC.pS 85-264VWITH BATTERY CHARGER .
: 6 V114; 6.5 AHBACKUPBATTERY '. .':. .: "" .: ':':>' '.i ". .:....,.,
7 V245,16'oI400EE:4AI20MA. ~ .:...... "<'i
. 8 V20,ADO:BLANI<MqOULE" i.....' .:...::.,......
~~:<:>{S;
ii::.:'::::'
11 RTU/HMI Applications and Software Configuration
12 RTU Mount, Antenna and Cabling, Low Profile Antenna
13 AC Surge Suppression (Hesco)
14 Backup Pump Controller BR560 (2 pump control)
15 Analog Voltage Monitor BR549 (300V/600V)
16 3 Ph Fuse Block w/ CC fuses (for phase monitor)
17 Ammeters (each 1 required for each pump 5/8' Hole)
18 RTU Intrusion Switch and Bracket
19 PCP/Site Intrusion Switch and Bracket
20 Prepreparation and Installation
21 Controller CoversionlTurnaround
22 Mixed I/O Interface Biock
23 Operator Panel custom sheet metal
24 Horn and Light
25 Sq. D 3 Position Selector Switch w/4 NO contacts
26 Sq. 0 Hand/Off/Auto Nameplate
27 Sq. 0 LEO Run Light
28 Sq 0 Pump Run Nameplate
29 Custom Engraved Tags
30 Momentary Push Button
31 Hour Meter
32 Assembly and Prewire
33
34
35
36
37
38
39
40
41 Professional Enginneer
42 OEM Drawing
43 Administration
)44 AcceptanceTesting
:'\.45 Warranty . '.
l"cAe Truck Rental
J'47' Hotels (GSA Rates)
'48 Meals (GSA Rates)
49. State Sales Ta)(
50 Freight
51 Bond
'..
.
SHEET TOTALS
TOTAL
QTY COST
1 I 1,279.00
1< 535.00
1 . .196.00
1 I. 205.50
1 . 364.00
1 ..164.50
1: 686;50
2 ...... ..'.' 55.38
1
1
1
1
1
1
2
1
1
1
1
1
1
1
2
2
2
2
1
1
2
1
1
1
1
1
1
1
2'
2
7.00%
2.50%
189.50
510.62
64.15
473.35
407.90
113.49
335.31
71.91
112.96
284.25
603.55
554.75
43.98
130.90
100.72
6.90
90.87
13.47
9.52
21.84
92.82
47.38
113.70
23.90
6.63
69.50
34..75
80.00
192.00
128.00
342.91
122.47
I 8,879.88
I
I $ 8.879.88
East Well Field
DESCRIPTION TOTAL
NO ITEM/DESCRIPTION QTY COST
1 F7574, ACE3600 FORCM200 UHF 1 1,279.00
2 V851, CM200 RADIO' 1 535.00
3 V214,38 X 38 CM METAL CHASSIS '.' 1 196.00
4 V1el3, 3 I/O SLOTS FRAME ,-,.>., . .. 1 I.. 205.50
5 V261, AC P~ 85-264.v WITH ElATTERY CHARGER 1 364.00
6 V114, 6.5AH BACKUpSATTERY .. 1 164.50
7 V245, 16 DI 4 DO. EE 4AI.20rvlA ............... 1 .. 686.50
8 V20, ADD: BLANK MODULE .-;-= ..... 2 .. 55.38
9 F7502, ACE CPU3640r' . ......< . '., .....\
.10 = ......... ....,.,... ,......,.,,,....
11 RTU/HMI Applications and Software Configuration 1 189.50
12 RTU Mount, Antenna and Cabling, Low Profile Antenna 1 510.62
13 AC Surge Suppression (Hesco) 1 64.15
14 Backup Pump Controller BR560 (2 pump control)
15 Analog Voltage Monitor BR549 (300V/600V) 1 407.90
16 3 Ph Fuse Block w/ CC fuses (for phase monitor) 1 113.49
17 Ammeters (each 1 required for each pump 5/8" Hole) 1 167:66
18 RTU Intrusion Switch and Bracket 1 71.91
19 PCP/Site Intrusion Switch and Bracket 1 112.96
20 Prepreparation and Installation 1 284.25
21 Controller CoversionlTurnaround 1 717.25
22 Mixed I/O Interface Block 1 554.75
23 Operator Panel custom sheet metal
24 Horn and Light
25 Sq. D 3 Position Selector Switch w/4 NO contacts
26 Sq. D Hand/Off/Auto Nameplate
27 Sq. D LED Run Light
28 Sq D Pump Run Nameplate
29 Custom Engraved Tags
30 Momentary Push Button
31 Hour Meter
32 Assembly and Prewire
33
34
35
36
37
38
39
40
41 Professional Enginneer 1 113.70
42 OEM Drawing 1 203.90
43 Administration 1 6.63
44 Acceptance Testing 1 69.50
<45 Warranty 1 34.75
48 Truck Rental 1 80.00
47 Hotels (GSA Rates) 2 192.00
48 Meals (GSA Rates) 2
49 State Sales Tax 7.00% 281.00
.. .'.50 Freight 2.50% 100.36
51 Bond
---.--... .~~ETTOTA~~---.2~
"0-.'..- ._--,'",----- -----""'.----..-- -~.--IS 7.762.16
West Well Field
DESCRIPTION I TOTAL
NO ITEM/DESCRIPTION QTY COST
",1 F7574, ACE3600 FOR CM200UHF ................ ....... "'.' 0 1 " 1,279.00
2 Va.G:l.rGM200 RADIO; ......... " .' '.,' , 1 .. .... 535.00
3 V214, 38 X~8 CM METAL CHASSIS .'..... .' " 1 196.00
':)4 ITS ''':..;''<'''''..,....,''''''' 1 ....X.205.50
{;5 V261;AC f;>S85"2q4VWI"['HBATTERY CtlARGER' . \"..,-.,..c 1 "364.00
;'16 V114;e;s:AH BAGKVPBATTERY<" ;".-.,";' 1 "164.50
",)7 V?45,'i1qPJ 4 QOEE.4AI20MN" -. 1 686.50
".,8 V2(),'ADD:,.BLANKMOPULE'" '0' C'--"'.'.". ......(., 2 ,...... 55.38
$*,9 ,;"',\:,,:,/"""'.,,..~ ;; oc'>,
:'AO ii:''':- :oil:'.
11 RTU/HMI Applications and Software Configuration 1 189.50
12 RTU Mount, Antenna and Cabling, Low Profile Antenna 1 510.62
13 AC Surge Suppression (Hesco) 1 64.15
14 Backup Pump Controller BR560 (2 pump control)
15 Analog Voltage Monitor BR549 (300V/600V) 1 407.90
16 3 Ph Fuse Block w/ CC fuses (for phase monitor) 1 113.49
17 Ammeters (each 1 required for each pump 5/8" Hole) 1 167.66
18 RTU Intrusion Switch and Bracket 1 71.91
19 PCP/Site Intrusion Switch and Bracket 1 112.96
20 Prepreparation and Installation 1 284.25
21 Controller CoversionfTurnaround 1 717.25
22 Mixed I/O Interface Block 1 554.75
23 Operator Panel custom sheet metal
24 Horn and Light
25 Sq. D 3 Position Selector Switch w/4 NO contacts
26 Sq. D Hand/Off/Auto Nameplate
27 Sq. D LED Run Light
28 Sq D Pump Run Nameplate
29 Custom Engraved Tags
30 Momentary Push Button
31 Hour Meter
32 Assembly and Prewire
33
34
35
36
37
38
39
40
41 Professional Enginneer 1 113.70
42 OEM Drawing 1 203.90
43 Administration 1 6.63
;;44 Acceptance Testing . 1 69.50
~1.4S. Warranty '. 1 34.75
t[i'46 Truck Rental , 1 ". 80.00
;<:47 Hotels (GSA Rates) 2 192.00
:048 Meals (GSA Rates) 2. I
"'49 State Sales Tax ',. 7.00% 281.00
,"50 Freioht ' . 2.50% 100.36
51 Bond
SHEET TOTALS' 7,762.16
I
! $ 7.762.16
Remote Water Storage and Pumping
(based on a triplex station)
DESCRIPTION TOTAL
NO ITEM/DESCRIPTION QTY COST
1 F7574, ACE3600 FOR CM200 UHF 1 1,279.00
2 V851 , CM200 RADIO . 1 535.00
3 V214, 38 X 38 CM METAL CHASSIS 1 196.00
4' V103, 3/10 SLOTS FRAME: < !:'C c . , 1 .' 205.50
5 V261,AC PS 85-264 V WITH. BATTERY CHARGER 1 .,'. 364.00
6 V114, 6.5 AH BAcKUP BATTERY ... . ........, 1 164.50
1 V245;16 DI 4 DO EE4 AI20MA, . .' .:' .....,.. 2 ..... 1,373;00
. 8 V20, ADD: BLANK MODULE ". 1 .. 27.70
9 Fl502,ACE CPU3640 ;" , .....". ,'. ."
10 "..',;' ,.,.,;'.:,....."...... ".\.\"'.,..' i.'.'./",',....
11 RTU/HMI Applications and Software Configuration 1 1,516.00
12 RTU Mount, Antenna and Cabling, Low Profile Antenna 1 510.62
13 AC Surge Suppression (Hesco) 1 64.15
14 Backup Pump Controller BR560 (2 pump control) 1 473.35
15 Analog Voltage Monitor BR549 (300V/600V) 1 407.90
16 3 Ph Fuse Block w/ CC fuses (for phase monitor) 1 113.49
17 Ammeters (each 1 required for each pump 5/8" Hole) 3 502.97
18 RTU Intrusion Switch and Bracket 1 71.91
19 PCP/Site Intrusion Switch and Bracket 1 112.96
20 Prepreparation and Installation 1 1,819.20
21 Controller CoversionfTumaround 1 1,058.35
22 Mixed I/O Interface Block 2 1,109.50
23 Operator Panel custom sheet metal
24 Horn and Light
25 Sq. D 3 Position Selector Switch w/4 NO contacts
26 Sq. D Hand/Off/Auto Nameplate
27 Sq. D LED Run Light
28 Sq D Pump Run Nameplate
29 Custom Engraved Tags
30 Momentary Push Button
31 Hour Meter
32 Assembly and Prewire
33
34
35
36
37
38
39
40
41 Professional Enginneer 1 113.70
42 OEM Drawing 1 395.90
43 Administration 1 6.63
44 Acceptance Testing 1 69.50
45 Warranty 1 34.75
46 Truck Rental 1 80.00
47 Hotels (GSA Rates) 2 192.00
48 Meals (GSA Rates) 2
49 State Sales Tax 7.00% 375.78
50 Freiqht 2.50% 134.21
51 Bond
-- +-----~.. __.________._SHEET TOT ALS!____.____13.30Z~
f--- --~--~----_.~---" I
.---- ---T IS 13.307,57
FlU Telemetry Units
DESCRIPTION TOTAL
NO ITEM/DESCRIPTION QTY COST
1 F7564' f\CE3600WITH GDM750 403-512 MHZ. >.' '.,." 4 7,586.00
2 V446;ACE CPU3640( . '...i..... '.'c 4 '936.00
.....3 V108; 8 110 SLOTSW FRAME ,,".-:- ." , 4 1 ,886.00
"4 V051;19' RAC~ BRACKETS fOR 81/0 SLOTSFRM ..' .. 4 , ..> 727.00
5 V261tACPS85"264 V WITHBATTERY CHARGER 4 ','. . 1,456.00
"6 Vi328i'1 O.AH BAQKUp.BAD"ERy 4 ' '848.00
.,c/,7 1,1103;31/0 SLOTSFRAME" , (c.c'. 4 ';.;.822.00
I',~~ V20;ADD: BLANK. ~ODULE" " ~- , '0 12 <" 332.25
.o't .0;.,.,:..'.:'....:',', ','..,.': ,;.i",,>..
11 RTU/HMI Applications and Software Configuration 4 3,032.00
12 Antenna Mast and Cabling, Low Profile Vagi 4 2,042.48
13 AC Surge Suppression (Hesco) 4 256.54
14 Modbus Driver 4 1,536.40
15 Modbus Adapter Cabie 4 119.00
16 72' Rackmount Enclosure 1 919.60
17 Rackmount VTScada Server PC (Allowance) 1 4,024.80
18
19
20 Prepreparation and Installation 1 2,512.00
21 Installation 1 2,512.00
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41 Professional Enginneer 1 113.70
42 OEM Drawing 1 23.90
43 Administration 1 6.63
IfiM Acceptance Testing 1 69.50
it~5 Warranty . 1 .... . 34.75
.
lirAa Truck Rental... . .... 1 " 80:00
l~rif7 Hotels (GSA Rates) 2 192.00
;!'4~ Meals (GSA Rates) 2
'-49 State Sales Tax 7.00% 1,269.55
1>50 Freiaht 2.50% 453.41
51 Bond
SHEET TOTALS 1 33,791.51
1
1$ 33,791.51
Repeaters
DESCRIPTION
ITEM/DESCRIPTION
NO
1
2
3 .
41........ .... ". ~..
5 . .'. . ..' .,'., "
..' 6 ,. .' .
7> '. ... ." ,.. "'. .,"'.
8!' ,.c .,....
9'..,,>' .. .",c," <:,'. '.. '"
.,10"',.>+';' .', ",'. ',....' ","';.,'.> ~.":'i',..i:,','.... ,'c, ,..::i.
11 MTR2000 (UHF)
12 UHF Circulator (30W) R4
13 Conventional Operation
14 Add Repeater Operation
15 Factory Installed Duplexor
16 Hardware Rack Kit for repeater
17 AC Surge Suppression Citel
18 NEMA 1 SS White Enclosure 30"x24"x24" Locking
19 Swingframe Rackmount Rails for enclosure
20 Antenna, 30' Mast and Cabling. 7dB Omni
21 Polyphaser UHF
22 Intrusion Switch and Bracket
23 Filter/Fan
24 Thermostat
25 35 Amp Rackmount DC Power Supply/Charger
26 100 ah Batteries, Deep Cycle Gel
27 Rackmount Fusable DC Distribution Panel
28 Battery Tray/Shelf Rackmount
29 Rackmount Panel Blanks
30 AC Supply, Conduit, Breaker, Wire
31 Frequency Search
32 FCC Application Forms
33 Follow up Forms
34
35
36
37
38
39
40
41 Professional Enginneer
42 OEM Drawing
43 Administration
44 Acceptance Testing
'45 Warranty
'. 46 Truck Rental
, 47 Hotels
" 48 Meals
49 State Sales Tax
50 Freiaht
51 Bond
..
--'-.
.
.
1
1
2
2
2
7.00%
2.50%
r----r---..--====-==~.u.~~uE~TT~=~LS!... _.. '
QTY
TOTAL
COST
.
1
1
1
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
3
1
4
4
4
'.
".'.
','
,. C
". ....>::, ......'.
4,852.20
3,445.05
3,540.25
1,213.80
1,642.20
59.50
225.57
1.793.41
751.04
2.300.93
102.67
71.91
246.03
395.75
455.81
396.48
260.82
140.70
85.39
573.80
2.728.80
1.292.10
212.20
113.70
556.00
34.75
160.00
192.00
128.00
947.49
338.39
29.256.74
I $ 29.25674
~'~~l~~~~::~
.~~:~k~~
T
,: ;";',i:.'; '.;;:'...' ~~;~
License
20334
7730
Gold Full
Gold Full
Gold VIS
Gold VIC
VISNIS
Feb. 1/05
Feb. 1/05
June 5, 2008
June 5, 2008
Sept 5, 2007
Sept 5, 2007
June 5, 2008
$ 8,795.00
$ 8,795.00
$ 3,957.75
$ 3,957.75
$ 3,370.00
$ 13,500.00
$ 1,897.88
$ 26,683.38
All prices represent End User pricing. OCR will receive a 25% discount if the software is purchased
through OCR.
Regards
Director of Marketing
Office: 902 835-1575 Ext 228
Direct: 902 832-6160
Cell: 902441-9565
Boynton Beach Sites, FL
ralm Bea7Q,:se~_'~tY.__~~ili,~i~port
Lantana "Rer
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809
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8 1 26"'30'12"N x 80*4'25''W
2783 SW 6th Street
Boynton Beach, FL 33435
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LIFT STATIONS DIRECTORY FOR TASK ORDER
Master Lift Station 356
I Master Lift Station 309
_ Master Lift Station 319
! Master Lift Station 316
B.B.B. east of US 1
I Rainbow City / Seacrest and NW 19t 1 A \ie -
I Knollwood / SE comer of Lawerence Rd and Miner
I S\V 23th Ave and Militarv Tr
! Triplex
---i- Triplex
, Triplex
I Triplex
" -i
Master Lift Station 317 Burger King / B.B.B. and Congress i Quad
.--..-.---
Master Lift Station 801 NW comer of B.B.B. blvd and Lawerence Rd ' Triplex
Lift Station 411 N Swinton Rd SW 34ti1 Ave -j
: Duplex i
! Lift Station 407 Mission Hill Rd and Church Hill Dr ; Duplex I
Lift Station 406 Chapel Hill Blvd and Westwood Ln ~
Lift Station 405 SW 27th Ave and SW 6th ST NW comer i Duplex
Lift Station 102 St Andrews / S AlA i Duplex
S Federal Hwy and SE 21st Ave I
Lift Station 414 Duplex
Lift Station 605 SW 16th St Between SW13th Terrace and SW 11 tn Ave Duplex i
Lift Station 612 Congress Ave N of Woolbright /Lakes of Tara Blvd Duplex I
Lift Station 603 SE ofSW 4th Ave / Behind Home Depot _I Duplex I
Lift Station 206 Boynton Isles / Greenbriar Dr and Kepner Dr
Duplex
Lift Station 811 Oakwood Lakes / Oahvood Lakes Dr and Silver Lace In I Duplex I
Lift Station 907 Palm chase i Du lex
Lift Station 900
Lift Station 908
Lift Station 808
I Lift Station 720
West Water Plant
Cypress Park / Military Tr north ofB.B.B.
Cypress Creek / SE comer of Calliandra Dr and Palo Verde
I Gateway Blvd West of Congress / Mahogany Bay
P
I Duplex
Duplex
Duplex
Duplex I
~ - -
Lift Station 921 Nautica Duplex i
NE 26tn Ave and Seacrest -- Duplex I
Lift Station 307
Lift Station 210 Yacht Club / N US I Duplex
Lift Station 303 Bristol Springs / N Seacrest and Hypoluxo Duplex
Lift Station 924 Hampton Lakes / S Military Tr Duplex
Lift Station 923 Military 6 / S Military Tr Duplex I
Lift Station 806 Hunters Run / Charternrorld Duplex
I Lift Station 807 Silver Lakes / S Congres Ave south of SW 2 tr. Ave I Duplex
I Lift Station 609 SW 2ib Ave and SW 13th Ct I Duplex
Lift Station 608 SW 11 th St west side of road north of bridge --~J Duplex
Lift Station 207 Colonial Club ____=iDuPlex
Lift Station 101 St Andrews Golf Course Duplex
Lift Station 604 Clubhouse parking lot SW Congress Blvd and SW I_r~~~ Duplex
Lift Station 901 Banyon Springs I Duplex
--- ___. -------l
Lift Station 904 K Mart / B.B.B. and Military Tr ..m ._______ , Duplex
Lift Station 914 Plantina / West B.B.B. n__yuplex
Lift Station 802 Bent Tree Villas / West B.B.B. Duplex
--~-------,.-
Lift Station 911 Cypress Creek 5 / Old Boynton Rd Duplex I
NW 13th Ave and NW lOth St / East boat ramp --~.._-_.__.__._.- ----....-.-,--- ~ - -"I
Lift Station 503 Duplex !
I -----.-- ------~.----------!
Lift Station 809 Palo Verde Dr / Caryota Dr Duplex
i -.-------- ,_,"-"~-'----
Lift Station 810 Cypress Creek Country Club .__~___n.___b~ u p I e~_
Lift Station 903 Rainbow Lakes I Military Tr and Tartan Lakes Blvd Duplex
Lift Station 204 Mariner Way I NE 12 Ave and Willard Way Duplex
Lift Station 203 Yachtmans Plaza I US I and Shore Dr Duplex
Lift Station 310 Four Sea Suns I NE 4th St I north Of 16th Ave Duplex
Lift Station 308 Royal Palm Club I Gateway west of Federal Duplex
Lift Station 512 Quantum Park West IChilis Shopping Center Duplex
Lift Station 704 Sunny South Ave I E side at Sun Top Lane Duplex
Lift Station 906 Rainbow Lakes I NE corner ofNW 22hd Ave and Brian Blvd Duplex
Lift Station 311 Quadrille Villas I Miner Rd Duplex
Lift Station 315 The Crossings I NE 26tn Ave and NE 4th St Duplex
Lift Station 209 Hypoluxo Point Duplex
Lift Station 205 Half Moon Bay I Federal Highway and Hypoluxo Rd Duplex
Lift Station 520 Boynton Lakes Blvd! NE corner of E Chesterfield Duplex
Lift Station 517 N Boynton Lakes blvd! E. Side on bend Duplex
Lift Station 714 Hypoluxo Rd in Homes Of Lawerence Duplex
Lift Station 922 N autica Sound Duplex
Lift Station 920 J onathans Groves Duplex
Lift Station 929 Colony Club Apartments I Hypoluxo and Military Duplex
Lift Station 930 Montreux I Pernell Pines Rd Duplex
Lift Station 915 Coco Pines Duplex
Lift Station 813 Hunters Run I Club House Ln and Summit Dr Duplex
Lift Station 812 Hunters Run I W Southport and Summit Duplex
Lift Station 803 Hunters Run I Intersection of Summit Dr and Woods Ln Duplex
Lift Station 716 Hunters Run I Brentwood I next to pool Duplex
Lift Station 927 Tuscany Duplex
Lift Station 925 Lester P.U.D. I Military south of Gulf Rd Duplex
Lift Station 406 Chapel Hill Duplex
Lift Station 409 SE 2nd Court dead end! SE 34th Ave and Seacrest Duplex
Lift Station 208 Tradewinds I South US 1 Duplex
Lift Station 410 East Side SE 200 St and SE 27th Way Duplex
Lift Station 104 Bellamar I S A I A east side Duplex
Lift Station 412 SE 23rd Ave and US I Duplex
Lift Station 606 SW 18th St and I south east corner SW 19th Ave Duplex
Lift Station 607 Congress A vel SW 19th Ave I NE corner of Roma Way Duplex
Lift Station 705 S Congress Ave I SW side at Woolbright Corp Center Duplex
Lift Station 815 Villas of Pine Tree Duplex
Lift Station 910 Fairmont Place Duplex
Lift Station 814 Pine Tree Villas I W side of Lawerence 'is mile N woolbright Duplex
Lift Station 703 NW corner Quail Covey Rd and Tanarsky Trail Duplex
Lift Station 614 Banyan Creek Duplex
Lift Station 702 NW corner Quail Covey Rd and Tanarisk Trail Duplex
Lift Station 805 Greentree I SE comer of Ceder Point Blvd & Storkwood Duplex
Lift Station 601 Ocean Ave I NE corner of Lake Terrace Duplex
Lift Station 513 BBB I Casa Blanca I West side Duplex
Lift Station 501 Industrial Ave Duplex
Lift Station 715 Cypress Creek South Duplex i
Lift Station 902 Mirror Lakes Duplex
Lift Station 721 Artesa / Lawerence Rd Duplex i
Lift Station 701 Lawerence Rd / Winfield Rd / N Side of Holt St Duplex i
Lift Station 502 NW comer ofNW 8th Ave and NW 10th St Duplex !
Lift Station 507 NW 10th Ct / west ofNW 9th Way Duplex :
Lift Station 719 Catalina Club / SW comer Holiday Inn / Congress Ave Duplex !
Lift Station 700 Renaissance South / North Congress Ave Duplex,
Lift Station 509 Quantum Park! Publix Warehouse ! Duplex I
Lift Station 510 SE comer of Quantum Blvd and Quantum Lks Dr Duplex I
Lift Station 708 Sunny South Duplex :
Lift Station 917 Jamaica Bay North Duplex i
Station 500 Portable Generator Telemetries unit Duplex I
TASK ORDER NO. U - 07- 03
CITY OF BOYNTON BEACH UTILITIES DEPARTMENT
124 East Woolbright Road
Boynton Beach, Florida 33435
Title of Project: RFP #037-2821-07/CJD SCADA and Telemetrv Goods and Services:
Phase 1. System Infrastructure and Remote Telemetry Units
A. SCOPE OF SERVICES:
This project will provide engineering, design, configuration, installation and training services required to
provide the City with remote monitoring and control of the City's Lift Stations, Wells, Water Treatment
Plants and Water Storage and Pumping Facilities. Concurrently, 129 of the City's existing water and
wastewater pumping facilities will be upgraded and remotely monitored, controlled, alarmed and
historically logged. After completion, the new Telemetry system will provide more reliable and superior
service to the City of Boynton Beach Utility's customers. This task will include all hardware, software,
installation, startup and system testing for the deliverables itemized below.
DELlVERABLES AND SERVICES INUUDED:
Reference the attached spreadsheet (Exhibit 1) and RFP #037-2821-07/CJD for details of the project
deliverables and pricing.
1. Provide engineering, design, installation and configuration of two Central Servers/Field Interface
Units (FlUs). One FlU will be located at the East Water Treatment Plant with a second redundant
FlU located at the West Water Treatment Plant. Each of the FlU's will consist of 4 Front End
Processors (FEPs), Redundant VTScada Server computers, Ethernet switches, 4 CDM750 Radios,
antennas and rack mount enclosures. FlU redundancy will be configured via radio and the City's
control network. VTScada redundancy will be configured via the City's control network and will
auto-synchronize after a network failure. Provisions will be made for additional network
redundancy.
2. Furnish and install upgrades to the City's two existing VTS/VTScada software licenses to the
latest version with upgrades and support through June 5, 2008.
3. Furnish and install redundant VTS Browser Server License to the existing VTS Servers for remote
access via Microsoft Internet Explorer.
4. Furnish seven (7) additional concurrent VTS Browser Licenses for a total of eight (8).
5. Provide upgrades and support licenses for the VTS Browser Clients through June 5, 2008 to
coincide with the existing VTScada Server Licenses.
6. Engineer, design, furnish, install and configure four RF repeaters. Preliminary design divides the
City into 4 zones at Boynton Beach Blvd N&S and Congress Ave E&W. The repeaters will be
located at NW: LS918, NE: LS309, SW: LS814, SE: LS405. NoRemote Telemetry Unit (RTU) will be
Page 10f4
required to communicate more than 1.9 miles and we expect no RTU antenna to be over 6 foot
elevation. To restore the ambiance of the City, the existing eyesore towers will be removed and
dome antennas will be utilized.
7. Furnish a spare repeater, setup and configured for replacement in case of a zone repeater
fa ilu re.
8. Provide engineering and professional services for combining the existing remote water and
wastewater HMI applications into a single redundant application. This will provide a combined
point of access for operational, reporting and alarming. Information Realms will be created for
personnel and access security.
9. Currently, the City's business and SCADA networks are shared creating a potential security risk to
the City water system. This item will, in conjunction with the planned plant SCADA upgrade,
provide the additional hardware required to isolate the two networks and provide a secure-point
of entry into the SCADA network from the business network.
10. Provide a customized and extensive training program for Maintenance, Operations, Engineering
and Administration. The City's Maintenance personnel will be trained in self-performing repairs,
upgrades and ongoing maintenance of the pumping station equipment. Operators will be
trained in control and first response procedures based on the City's Standard Operating
Procedures (SOPs). Engineering and Administration will be trained in system configuration, data
analysis, security administration, and specification and design procedures.
11. This item will provide materials combined with a standard duplex lift station RTU for "hands on"
training of Maintenance Personnel. A standard lift station Pump Control panel will be
manufactured per the City's specification during training utilizing a standard duplex RTU. After
completion ofthe training program, the Pump Control Panel may be installed at an existing lift
station budgeted for upgrade.
12. Upgrade 90 of the City's 154 Duplex Lift Stations itemized in Exhibit 2 with MOSCAD ACE RTUs.
This item will provide wireless monitoring, control, alarming and reporting of ninety existing
duplex lift station. The existing SCADA equipment and towers will be removed and the controls
upgraded to current National Electrical Codes (NEe) and Underwriter's Laboratory (UL)
Standards. Pump control redundancy, emergency alarm reporting, station history and operation
records, and pump control standardization will be provided with this item.
13. Upgrade the City's 5 Triplex Lift Stations itemized in Exhibit 2 with a Motorola MOSCAD ACE RTU.
This item will provide wireless monitoring, control, alarming and reporting of five existing triplex
lift stations. The existing SCADA equipment and towers will be removed and the controls
upgraded to current National Electrical Codes (NEe) and Underwriter's Laboratory (UL)
Standards. Pump control redundancy, emergency alarm reporting, station history and operation
records, and pump control standardization will be provided with this item.
14. Upgrade the City's single Quadruplex Lift Station itemized in Exhibit 2 with a Motorola MOSCAD
ACE RTU. This item will provide wireless monitoring, control, alarming and reporting of the
existing quadruplex lift station. The existing SCADA equipment and tower will be removed and
the controls upgraded to current National Electrical Codes (NEe) and Underwriter's Laboratory
(UL) Standards. Pump control redundancy, emergency alarm reporting, station history and
operation records, and pump control standardization will be provided with this item.
15. Upgrade the City's 19 Wells in the East Well Field with Motorola MOSCAD ACE RTUs. This item
will provide wireless monitoring, control, alarming and reporting of the existing twenty wells in
the east well field. The existing SCADA equipment and towers will be removed and the controls
upgraded to current National Electrical Codes (NEC) and Underwriter's Laboratory (UL)
Page 2 of 4
Standards. Pump control, emergency alarm reporting, station history and operation records,
and pump control standardization will be provided with this item.
16. Upgrade the City's 11 Wells in the West Well Field with Motorola MOSCAD ACE RTUs. This item
will provide wireless monitoring, control, alarming and reporting of the existing eleven wells in
the west well field. The existing SCADA equipment and towers will be removed and the controls
upgraded to current National Electrical Codes (NEe) and Underwriter's Laboratory (UL)
Standards. Pump control, emergency alarm reporting, station history and operation records,
and pump control standardization will be provided with this item.
17. Upgrade the City's 2 Water Storage and Pumping Facilities with Motorola MOSCAD ACE RTUs.
This item will provide wireless monitoring, control, alarming and reporting of the existing two
water storage and pumping system. The existing SCADA equipment and towers will be removed
and the controls upgraded to current National Electrical Codes (NEe) and Underwriter's
Laboratory (UL) Standards. Pump control redundancy, tank level monitoring, valve control,
emergency alarm reporting, station history and operation records, and pump control
standardization will be provided with this item.
B. SCHEDULE
The final schedule for DCR Engineering ServiCEs, inc.'s services will extend from our authorization
date to 360 calendar days.
Page 3 of4
C. COMPENSATION TO THE ENGINEER
For conducting the base services delineated in Section A, Task Order 2007-01 is amended to the
Agreement dated June 19, 2007; DCR shall receive the lump sum fee of $1,394,247.90. This fee
includes all labor and other direct costs for the scope of work spedfied in Section A of this Task
Order and are represented in Exhibit 1 and RFP #037-2821-07/CJD. Additional work efforts
requested by the City, which are beyond the scope of work identified in Section A of this Task
Order, will be negotiated separately from this scope as compensation to DCR for this additional
work. Partial payments of the lump sum fees are to be paid to DCR on a monthly basis in
proportion to the percentage of work completed and materials received.
AMOUNT AUTHORIZED FOR
TASK ORDER NO. U - 07- 03
$
1,394,247.90
~
~. I,I"L
,r '------
Submitted By: V l).,z(.; )
Todd BrJdbenner, P.E.
Presideht, DCR Engineering Services, Inc.
CITY OF BOYNTON BEACH, FLORIDA
Approved By:
Kurt Bressner
City Manager
Approved as to Form:
Attestl Authenticated:
Office of the City Attorney
Secreta ry
Page 4 of 4
VI.-CONSENT AGENDA
ITEM C.7.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 17, 2007 Apri12, 2007 (Noon.) D June 19,2007 June 4,2007 (Noon)
D May 1, 2007 April 16,2007 (Noon) D July 3,2007 June 18,2007 (Noon)
D May 15,2007 Apri130,2007 (Noon) D July 17, 2007 July 2, 2007 (Noon)
D June 5, 2007 May ]4,2007 (Noon) [3J August 7, 2007 July ]6,2007 (Noon)
D AIll1ouncements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM [3J Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfmished Business
D Public Hearing D
RECOMMENDATION: Approve Library Change Order #10 wherein the current contractual date of Substantial
Completion of the work is revised to July 13, 2007 and also approve a revised contract award amount to Sessoms
Construction in the amount of$6,710,717.95 plus a contingency amount of $200,000 for a total contract amount of
$6,910,717.95.
EXPLANATION: Due to recent staffing changes in the City, the Public Works Department was recently assigned project
management responsibility for the Library construction project. Since this change, the Engineering Division of Public Works
has been intimately involved in existing contract administration as well as addressing a large number of outstanding issues and
changes that had been unresolved for some time.
Date of Substantial Completion
Most notably, the Library project has experienced a frustratingly long duration. Immediately, Staff began working
towards determination of the most current contractual date of Substantial Completion. After two days of negotiations
with the contractor and architect, the recommended time extension for this contract suggests a revised date of
Substantial Completion of July 13, 2007. The contractor continues however, to opine that the date of substantial
completion should be far later than July 13. We have advised the contractor that he has not provided satisfactory
documentation to justify his claim.
The date of Substantial Completion is a very important date that is used to determine and calculate various contract
elements. For example, liquidated damages for delayed completion can only be assessed for those days where
completion of the work is after the date of contract Substantial Completion. In this scenario, the contractor will
technically be assessed liquidated damages in the amount of $500 per calendar day as of July 13,2007 if the City
Commission approves this Change Order. However, also note that the revised date of Substantial requires certain
additional payments for overhead and other general contract conditions as well as additional City compensation to
the project architect for their technical support far beyond the original contract completion. These costs will now be
calculated and approved in a future change orders by staff.
Contract Contin1!encv
At its March 20,2007 meeting, the City Commission approved Change Order Number 7 to the Library project that
essentially revised the construction contract amount from $6,670,052.48 plus a $50,000 contingency yielding a total
approved contract amount, including contingency, of$6,720,052.48. Since this time, staff has approved Change
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
./ I c.,sr"t ::_~;t-
I ,
11J, '. ::r;
Q\ tJ
'" J-', "" /' ~
rViON''i3>''
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Order number 8 bringing the revised contract amount to $6,710,717.95, an amount below the amount authorized by
the City Commission. This leaves slightly under $10,000 available for changed work conditions for the remainder of
the project.
In order for staff to properly administer this project, it is absolutely essential that wan-anted construction change
orders be approved quickly in the field, and almost immediately in some circumstances. Many of these change orders
stem from changed working conditions typically involving conflicts or clarification of contract intent or construction
technique. Other change orders are based upon extended time conditions as noted above where the date of
Substantial Completion is relevant. In most scenarios, City Staff must have the ability to approve Change Orders in a
timely rnaIll1er. Without sufficient contingency amounts authorized by the City Commission, City staff is not
authorized to approve these changes. In many situations, rapid approval of changed working process or conditions
can cause work to halt pending [mal approval of the change and associated funding by the City Commission. The
delay to the funding authorization, can, and already has, caused the project to be delayed far more than desired.
In order avoid similar changes and delays during the final stages of construction, staff respectfully requests that the
City Commission amend the awarded contract amount according to Change Order Number 9 in the amount of
$6,71 0,717.95. Staff recommends that the City Commission authorize a construction contingency amount of
$200,000 yielding a contract amount not to exceed of$6,910,7l7.95. Staff (the Director of Public Works and
Engineering) will be further authorized to approve future change orders to the Library Construction Contract up to a
contract amount of$6,910,717.95. Any changes in contract cost beyond this amount, or further changes to the date
of Substantial Completion, will require future approval by the City Commission. Future changes to the architect's
contract tenus will be directed to the City Commission for approval.
PROGRAM IMPACT: Completion of the Library Construction project.
FISCAL IMPACT: Sufficient funds to support completion of the Library project as outlined herein have been included in
the proposed capital budget for FY 2007/2008.
AL TERNA TIVES: Lack of a revised date of Substantial Completion will not allow other nonnal costs to be calculated and
will begin a potential path to litigation. Furthermore, and more inlportantly, not providing staff with satisfactory contingency
funds will require that each future monetary change order be approved by the City Commission prior to the work being
performed. This will be detrimental to the overall scheduled project completion date a cost.
P--7
City Manager's Signature
CM/'
Assistant to City Manager
Public Works 1 Engineering
Department Name
City Attorney / Finance
S:\BULLETINIfORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING CHANGE ORDER
5 #10 WITH SESSOMS CONSTRUCTION FOR THE
6 BOYNTON BEACH LIBRARY PROJECT; REVISING
7 THE CONTRACTUAL DATE OF SUBSTANTIAL
8 COMPLETION OF THE WORK; APPROVING A
9 REVISED CONTRACT AWARD IN THE AMOUNT OF
10 $6,710,717.95 PLUS A CONTINGENCY OF $200,000.00
11 FOR A TOTAL CONTRACT AMOUNT OF
12 $6,910,717.95; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15 WHEREAS, staff has recommended that the date of Substantial Completion of the
16 Library be revised to July 13, 2007; and
17 WHEREAS, staff requests that the City Commission amend the awarded contract
18 amount according to Change Order #9 in the amount of$6,710,717.95; and
19 . WHEREAS, staff recommends that the City Commission authorize a construction
20 contingency amount of$200,000.00 yielding a contract amount not to exceed $6,919,717.95
21 WHEREAS, the City of Boynton Beach has reviewed Change Order #10 and has
22 determined that the contract changes set forth therein are both necessary and appropriate.
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 approval and execution of Change Order #10 revising the
30 date of Substantial Completion to be July 13, 2007, and revising the contract award amount
S:\CA\RESO\CHANGE ORDERS\Library Project CO 10.doc
to Sessoms Construction in the amount of $6,710,717.95, plus a contingency amount of
2 $200,000.00 for a total contract amount of S6,91 0,717.95, a copy of which is attached hereto
3 as Exhibit "A".
4
Section 3.
This Resolution shall become effective immediately upon passage.
5 PASSED AND ADOPTED this _ day of August, 2007.
6 CITY OF BOYNTON BEACH. FLORIDA
7
8
9 Mayor -- Jerry Taylor
10
11
12 Vice Mayor - Jose Rodriguez
13
A . I
14
15 Commissioner - Ronald Weiland
16
17
18 . Commissioner - Mack McCrav
19
20
21
221
23
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25
26
27
28
29
30
Commissioner - Carl McKoy
ATTEST:
Janet Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESO\CHANGE ORDERS\Library Project CO 10.doc
.JAIX Document G701'" - 2001
Change Order
PROJECT (Name and address):
Boynton Beach City Library
208 South Seacrest Boulevard
Boynton Beach, Florida 33435
TO CONTRACTOR (Name and address):
Sessoms Construction
7485 Davie Road Extension
Hollywood, Florida 33024
CHANGE ORDER NUMBER: 009
DATE: July] 7,2007
OWNER: ~
ARCHITECT: ~
CONTRACTOR: ~
FIELD: 0
OTHER: 0
ARCHITECT'S PROJECT NUMBER: 0320802
CONTRACT DATE: May 04, 2005
CONTRACT FOR: General Construction
THE CONTRACT IS CHANGED AS FOllOWS:
(Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives)
Extension of time due to delays:
a. Additional survey to locate Bellsouth cable (unforseen) prior to excavation- add I day
b. Production delay in precast production (in addition to 30 days approved in e.O. #3) to January
23, 2006- add 35 days
c. Change in roof from polyiso insulation to lightweight insulating concrete, delay in C.O approval,
permit revision and concrete curi,ng time- add 45 days
d. Time delay for head of wall issue (structural omission, cost negotiation, and pennit revision) to
install steel plates- add 90 days
e. Additional two days for job shut down due to possible loss of Builders Risk Insurance - add 2 days
The original Contract SUD1'IVas
The net change by previously authorized Change Orders
The Contract Sum prior to this ChaI1~7 C>.1'der was
The Contract Sum will be unchanged by this Change Order in the amount of
The new Contract Sum including this Change Order will be
The Contract Time will be increased by One Hundred and Seventy Three ( ] 73 ) days.
The date of Substantial Completion as of the date of this Change Order therefore is July 13, 2007
$
$
$
$
$
5,727,485.00
983,232.95
6,710,717.95
0.00
6,7 ]0,717.95
NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which
have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and
Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
SCHENKELSHULTZ Architecture
ARCHITECT (Firm name)
1300 North Congress Avenue, West Palm
Beach, Florida 33409
ADDRESS
Sessoms Construction
CONTRACTOR (Firm name)
7485 Davie Road Extension, Hollywood,
Rorid'~
~-----
" BY (Signature)
Lee Sessoms
(Typed name) I
;lft /7j~?
City of Bovnton Beach
OWNER (Firm name)
208 South Seacrest Boulevard, Boynton
Beach, Florida 33435
ADDRESS
BY (Signature)
BY (Signat
Samuel J. eri, AlA
(Typed name)
01 . n . '" .,
(Typed name)
DATE
DATE
AlA Document G701™ - 2001. Copyright @ 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA~
Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any 1
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent pOSSible under the law. This document
was produced by AlA software at 09:41 :35 on 07117/2007 under Order No.1 000291482_6 which expires on 3/19/2008, and is not for resale.
User Notes: (4267388923)
VI.-CONSENT AGENDA
ITEM C.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORLu
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20, 2006 (Noon.) D
D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon)
D January 16,2007 January 2, 2007 (Noon) [8J March 20, 2007 March 5,2007 (Noon)
D February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon)
D AIll1ouncements/Presentations D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
n Code Compliance & Legal Settlements D Unfinished Business
'--'
D Public Hearing D
RECOMMENDATION: Motion to approve Resolution No. R07- approving and authorizing Change ordmul'i",
for the Library Expansion Project in the credit amount of $(12,620). This includes additional costs in the amount of
$19.793 due to unforeseen needs and a credit balance from the contractor to City for deletion of the drive through
window insert and canopy top in the amount of $(32,413).
EXPLANA T!ON: This contract adjustment is to cover additional costs for waterless public urinals, downspout
nozzle, additional electricaVdata outlets in lobby, raised draining pipe due to FPL, HV AC Trouble Alarm and
Builder's Risk Insurance (through 01/07) since original bid of August 2004. This contract adjustment also reflects a
credit due to the City from ;''1;,J.1-11)1I\.~ for the deletion of the drive through window insert and canopy top in the amount
of $(32,413). This was deleted to cut costs by way of value engineering. (See Exhibit A).
Exhibit A
Change Order #7 includes the following increases and credit:
A) Credit for drive through window insert and canopy top
B) Builder's Risk Insurance through 01/21/07
C) HV AC Trouble Alarm
D) Additional electrical/data outlets in lobby
E) Downspout nozzle
F) Raise drainage pipe due to FPL
G) Waterless urinals
$(32,413)
$ 8,690
$ 5,161
$ 1,647
$ 971
$ 936
S 2,388
TOTAL CHANGE ORDER #7
($12,620) credit
Construction Schedule (See Exhibit B)
Monthly Status Report (See Exhibit C)
Change Order Log (See Exhibit D)
S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: To keep the project according to schedule, the additional costs included in this change order
need to be approved. Also needing approval is the credit balance which needs to be deducted from original Sessoms
contract amount.
FISCAL IMPACT: Change order #7 subtracts $32,413 from the original contract sum then adds $19,793 to
construction costs to pay for additional costs bringing the contract total to date $6,670,052.48 (net credit of $12,620).
(See Exhibit E)
Exhibit E - Total Construction Cost Summary
Original Contract Sum was
Net Change by Previous Change Orders
The Contract Sum of the last change order #6 was
The Contract Sum will decrease by current change Order #7
New Contract Sum will be
Owner Furnished Equipment
Owner Direct Purchases
Contingency
Construction Contract + Owner Equipment + Owner Direct
Purchases + Contingency
Commission Approved CIP Budget
CIP Library Construction Balance Remaining
$5,727,485.00
$ 955,] 87.48
$6,682,672.48
$ (12,620.00)
(~,670,052d.P ........... . "" 0 --'\ 40
$ 137,137.00 /' (;/704(,.1; ~.? . .
$ 367780.00 L I)A
cs::- 50:000JUP ~ r I'ff{Q'" l.lv rr
7/;41b7
$7,224,969.48
$7,279,000.00
$ 54,030.52
AL TERNA TlVES: The only alternative would be to stop the project. This would lead to more delays in addition to
product cost escalations.
ifl1/1nifuJ~~
Department Head's 19nature
/J
.' .
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
VI.-CONSENT AGENDA
ITEM C.8.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City C]erk' s Office Meeting Dates in to City Clerk's Office
0 April!7,2007 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)
0 May 15, 2007 April 30, 2007 (Noon) 0 July] 7,2007 July 2, 2007 (Noon)
0 June 5,2007 May ]4,2007 (Noon) ~ August 7, 2007 July 16,2007 (Noon)
0 AnnouncementslPresentati ons 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Ratify the action of the South Central Regional Wastewater Treatment & Disposal Board
EXPLANATION: On july 19,2007, the south Central Regional Wastewater Treatment & Disposal Board held
its Regular Quarterly Annual meeting. At that time, the Board took action on items that are
now before the City Commission for ratification. This City Commission ratification is the
confirmation process for the action taken by the S.C.R.W.T.D. Board
PROGRAM IMPACT: None
FISCAL IMPACT: None
ill-
City Manager's Signature
Assistant to City Manager ~
ALTERNATIVES:
Not ratify their action.
(
t,
--
City Attorney / Finance
Department Name
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RESOLUTION NO. R07-
A RESOLUTION OF THE CITY OF BOYNTON BEACH~
FLORIDA~ RATIFYING THE ACTION TAKEN BY THE SOUTH
CENTRAL REGIONAL "7ASTEW ATER TREATMENT AND
DISPOSAL BOARD~ ON JULY 19~ 2007, AS STATED HEREIN;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE SAID AGREEMENT: AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS~ The South Central Regional Wastewater Treatment & Disposal Board
(SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of
July 19, 2007, as set forth in the attached Exhibit "A",
NOW~ THEREFORE~ BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH~ FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption,
Section 2. The City Commission does hereby ratify the action taken by the South
Central Regional Wastewater Treatment & Disposal Board on July 19, 2007, as set forth on the
attached Exhibit "A",
Section 3.
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of August, 2007.
CITY OF BOYNTON
FLORIDA
BEACH.
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald WeiJand
ATTEST:
Commissioner - Mack McCray
Janet M. Prainito. CMC
City Clerk
Commissioner- Carl McKoy
(Corporate Seal)
S\CAIRESO\SCRWTDB Quarterly Meeting 7-19-07 Ratification doc
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
BOARD
City Council Members of
Boynton Beach & Delray Beach
Telephone
(561) 272-7061 (561) 734-2577
Fax: (561) 265.2357
www.scrwwtp.org
July 23, 2007
Ms. Janet Prainito
CITY OF BOYNTON BEACH
Post Office Box 310
Boynton Beach, Florida 33425-0310
South Central Regional Wastewater
Treatment and Disposal Board
Ratifications for Sianature
Dear Janet:
Attached are eight ratifications from the Quarterly Annual Meeting of July 19, 2007 which
require signatures. Could you please place these on the Agenda for your next
Commission meeting?
When you have all the signatures, keep one signed copy of each for your files and return
the other executed agreements to us along with the signed Ratification.
Please contact me at 272-7061 or losborn@scrwwtp.orq when the Ratifications are
executed. If you have any questions, please do not hesitate to contact me.
Sincerely,
~~. d?kJ~
Lori A. Osborn, CPS/CAP
Executive Assistant
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F:\docs\BdMtgslRatifsIRA TIFICA TlON LETTERSIBoynton Rat letterO 7-23-07. doc
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19, 2007
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JULY 19, 2007, by a vote of 8-0, accepted the 2007/2008
organizational chart and salary range revision.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docs\BdMtgs\Ratifs\2006-2007\BoyntonRatif 07-19-07, doc
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RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19, 2007
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JULY 19, 2007, by a vote of 8-0, accepted 2007/2008 Wastewater and
Reclaim O&M Budgets and Wastewater Repair and Replacement
Expenditures,
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docs\BdMtgs\Ratifs\2006-2007\BoyntonRatif 07-19-07. doc
Agenda Exhibit] 1 a
South Central Regional Wastewater Treatment & Disposal Board
Executive Summary
FY 2007/2008
WASTEWATER BUDGET
The projected budget for 2007/2008 is $5.207.000 which is $135,000 over last year's budget and
$350,000 over this year's projected expenditures. Due to this increase plus a decrease in projected
flow, we are requesting a rate increase for O&M and Reserves of 4.8% from 2006/2007 rate.
Rate in 2006/2007 for O&M & Reserve was $0.9832/1,000 gal; increased in 2007/2008 to
$1.03/1,000 gal.
This change is the result primarily of the following eight (8) line items:
Regular Wages
Legal
Auditing
Lab Permit Testing
Electricity
Water
Insurance
Chemicals
2006/2007
920,000
27,000
28,000
53,000
1,156,000
12,000
318,000
859,000
2007/2008
1,099,000
41 ,000
40,000
90,000
1,165,000
29,000
267,000
895,000
4% Merit pay Increase
Legal
Two Single Audits Required for Grant
Utilizing Private Lab
FPL Rate Increase
Hypochlorite Generators
Rates of Stabilized
Eliminating Chlorine
We have based our budget on influent flow of 16.8 mgd compared to 17.3 mgd last year.
RECLAIM USER RATE
The projected budget for O&M for 2007/2008 is $479.000 which is $29,000 over our last year budget.
Increases are due to electricity and water rate increases. Our User Rate for reuse will increase from
$0.26/1,000 gal to $0.28/1,000 gal.
WASTEWATER RESERVE FOR REPAIR AND REPLACEMENT
It is estimated as of 06/30/2007 we will have $3.200,000+ in the wastewater Reserve for Repair &
Replacement. We have identified at this time expenditures of $211,000t this year for various
projects. The rate for Repair & Replacement of $0.18/1,000 gal will generate $1,103,000 at minimum
flow.
POTENTIAL CAPITAL PROJECTS
It is anticipated that the Board will require $4.300,000 for the remainder of this fiscal year and
$8.350,000 next fiscal year from each City for construction of Solid Waste Authority Pelletization
Project, Construction of Reclaim Expansion and 100% Reclaimed Expansion and Deepwell.
F:\docslBudgetlfy2007-2008\Exec Summary 2007-0B,doc:07-09-2007
Agenda Exhibit 11 b
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD
SALIENT BUDGET CHANGES
2007 -2008
WASTEWATER OPERATION & MAINTENANCE
(Cost Distributed to Cities by Flows)
TOTAL O&M BUDGET
Budget
2006/2007
5.072.000
Projected
2006/2007
4.857.000
Budget
2007/2008
5.144.000
(2.7% Inc.)
PERSONNEL SERVICES - TOTAL
1,567,000
1,447,000
1,694,000
(8.1 % Inc.)
1212 Regular Wages
4% normal annual increase
SERVICES - TOTAL
779,000
740,000
841,000
(7.9% Inc.)
3310 Legal
27,000 41,000 42,000 (55.5% Inc.)
Attorney reviewing construction documentation
3200 Auditing
28,000 28,000
Two single audits required for grants
40,000 (42.9% Inc.)
3300 Lab Permit Testing
53,000 50,000 90,000 (69.8% Inc.)
Anticipated increase in County's Lab Services Agreement
OPERATIONS & MAINTENANCE
1,772,000
1,637,000
1,742,000 (1.7% Dec.)
4300 Electricity
1,150,000 1,100,000 1,165,000 (1.3% Inc.)
Production of Hypochloride will require additional energy cost
4500 Insurance
314,000 247,000 267,000 (14.9% Dec.)
Insurance rates overestimated last year
CHEMICALS & SUPPLIES - TOTAL 859,000 958,000 845,000 (1.6% Dec.)
Due to producing Hypochloride no chlorine is required in this
year's budget.
OPERATING CONTINGENCY
o
o
o
(0% Inc.)
ENGINEERING
95,000 77,000 85,000 (8.5% Dec.)
No DEP Permit assistance required in this budget.
F:\docs\Budget\fy2007 -200B\FY 2007-200BSALlENT BUDGET. doc:05-16-2007
RECLAIM OPERATION & MAINTENANCE
(Cost Distributed by Flow)
TOTAL RECLAIM O&M BUDGET
Budget
2006/2007
460.000
Projected
2006/2007
422.000
F:\docslBudget\fy2007-2008\FY 2007-2008SALlENT BUDGET. doc:05-16-2007
i~).genda Ex...~ibit JI b
Budget
2007/2008
479.000 (4.1 % Inc.)
AGENDA EXHIBIT Jlc
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F:ldocsIBudget\fy2007 -200B\acct detail fy07-0B
South Central Regional Wastewater Treatment & Disposal Board
WASTEWATER OPERATIONS & MAINTENANCE BUDGETS
2003-2008
2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007 -200b
DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
SUMMARY TOTALS
PERSONNEL SERVICES S1,296,000 $1.270.599 $1.337,664 $1.567,000 $1,447,000 51,694,000
OPERATING EXPENSES: 2.371.000 2,651,827 3,061,534 3,410.000 3.335.000 3.428.000
SERVICES 643.000 711.681 724.375 779,000 740.000 841,000
OPERATIONS/MAINTENANCE 1,187,000 1.165.139 1.511,864 1.772.000 1.637.000 1,742.000
CHEMICALS/SUPPLIES 541,000 775.007 825,295 859,000 958.000 845,000
------_.. ----- ------- ------------------- ------------------ --- -------------------- ------------------ ---- ---------------------
TOTAL PERSONNEL AND
OPERATING EXPENSES $3.667.000 3.922,426 4,399.198 4.977.000 4.782,000 5,122.000
OPERATING CONTINGENCY 50,000 0 0 0 0 0
ENGINEERING 105,865 180.151 136.645 95,000 75.000 85.000
------------------- --------------- --------------- ---------------- ---------------------- ------------------
TOT AL BUDGET $3,822,865 $4,102,577 $4,535,843 $5,072,000 $4,857,000 $5,207,000
$ 0,8492
16,8000
PERSONNEL
ACCOUNT 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007 -2008
NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
".w__."'__u_"".__",__"__ ..-.--..-----.- , .__."_._w____., ---------.-----.... ------~.-.._---._--'.__.-. ._--..._-.
1212 REGULAR WAGES 868.428 885.428 890,906 $986,000 $920,000 $1.099,0,
12121 SICKNACATION REDUCTIONS 12,668 7,223 25.596 43.000 43,000 55.000
1214 OVERTIME 47.752 40,869 50,634 45,000 45.000 40,000
12151 EMPLOYEE ASSIST, PROG, 540 567 567 1,000 1,000 1,000
1221 SOCIAL SECURITY 75.575 77.290 78,713 97,000 89.000 103,000
1223 HEALTH INSURANCE 80.252 92,138 115.771 130,000 114.000 146.000
12231 DENTAL INSURANCE 6.961 9,615 0 8.000 8,000 10,000
12232 DISABILITY INSURANCE 5,318 5.352 6,094 6.000 6.000 6.000
12233 LIFE INSURANCE 1,064 784 1,347 2,000 2,000 2.000
12234 VISION CARE 0 0 0 2.000 1,000 2,000
1224 WORKERS' COMPENSATION 34.216 35,332 36,393 41.000 39,000 41.000
1225 UNEMPLOYMENT 11,039 3.072 15,759 3,000 2,000 2.000
1236 PENSION 111.700 111,825 115.093 145.000 120.000 145,000
1237 DEF COMP SUP 56,000 56.000 40.000
1240 PAYROLL CONTINGENCY 1,169 1.084 791 2,000 1.000 2.000
---------------- ------------------ --------------------- ------------------ -------------- ----- ---- --------------------
TOT AL PERSONNEL
SERVICES $1.256,682 $1,270,599 $1,337,664 $1,567,000 $1,447,000 $1.694,0
$1,835,000
reclaim = $38.36
F .\Qocs\Budget\fy2007 .2008\3cd detail fy07 -oe Page 1 of 5 7/6/20078"06 AM
South Central Regional Wastewater Treatment & Disposal Board
WASTEWATER OPERATIONS & MAINTENANCE BUDGETS
2003.2008
SERVICES
ACCOUNT 2003-2004 2004-2005 2005.2006 2006-2007 2006-2007 2007 -2008
NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
3100 MEDICAL SERVICES $880 $1,470 $400 $2,000 $8,000 $2.000
3110 LEGAL (GENERAL & ADMIN) 23.821 35.364 10,386 27,000 41,000 42,000
3112 LEGAL (TOXICITY) 0 1.238 2,362 7.000 2,000 7.000
3120 SERVICES (G & A) 7.225 8.824 10,980 10.000 5.000 14,000
3200 AUDITING 19.249 23.024 21.000 28,000 28,000 40.000
3300 LAB PERMIT TESTING 44.539 51.200 50,160 53.000 50,000 90.000
3400 PRETREATMENT 0 0 0 0 0 0
3402 TOXICITY TESTING 0 0 0 0 0 0
3404 CHEMICAL ANALYSIS 0 0 0 0 0 0
3406 METER CALIBRATION 6.980 7.745 6,720 8,000 8,000 8,000
3410 SLUDGE HAULING 241.053 430,587 441,056 475,000 460.000 490,000
34' ' GRIT HAULING 94,247 79,504 97.149 94,000 90.000 90,000
TRASH HAULING 571 890 887 2.000 1.000 1,000
3500 SERVICES (0 & M) 40.511 71,835 83.275 73,000 47.000 57.000
-------- --------- ----------- ..----...------------ ------------- -----
TOTAL SERVICES $479,076 $711,681 $724,375 $779,000 $740,000 $841,000
F:\docs\Budget\fy2007-2008\acct detail fy07~08
Page 2 of 5
7/6120079:06 AM
South Central Regional Wastewater Treatment & Disposal Board
WASTEWATER OPERATIONS & MAINTENANCE BUDGETS
2003-2008
OPERA TIONS/MAINTENANCE
c,CCOUNT 2003-2004 2004-2005 2005.2006 2006-2007 2006-2007 2007 -2008
NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
- __...________.___n__ ._~ --~_.---_._. --- ------.----...-
4000 VEHICLE EXPENSE $11,306 $12,627 $12,979 $14,000 $14,000 $15,000
4020 BOARD CONTINGENCY 1,390 2,578 3,149 5,000 3.000 5,000
4100 TELEPHONE 19,583 20.045 17,178 22,000 14.000 15,000
4102 POSTAGE 3,594 3.428 3,621 6,000 2.000 5.000
4300 ELECTRICITY 712,669 752,536 1.023,992 1,150,000 1,100,000 1,165.000
4302 WATER 23,689 25.682 10.027 12,000 12,000 24.000
4303 IRR/PROCESS RECLAIM WATER 9.000 0 106.270 99,000 105.000 100,000
4400 EQUIPMENT RENTAL 0 596 863 2.000 1,000 2,000
4500 INSURANCE 231.028 197,906 197,498 314.000 247.000 254.000
4600 M & R EQUIPMENT 47,202 43,089 59.876 51,000 57.000 59.000
4620 M & R VEHICLES 4.205 2,810 4.743 7.000 6.000 7.000
4630 M & R GROUNDS 4.406 6,998 11,930 15,000 14,000 15.000
4640 M & R BUILDINGS 4.864 11 ,188 4,612 10,000 10,000 10J
4650 M & R UNSPECIFIED 20.518 22,846 20,048 20,000 10,000 20.000
4900 ADVERTISING 3.517 3,656 5.774 3,000 4.000 3,000
4902 LICENSE & PERMITS 23,192 17.904 11,968 17,000 17,000 17,000
5400 MEMBERSHIP DUES & SUSSCRIP' 9,683 11.071 10.729 11,000 11,000 12,000
5410 TECHNICAL TRAINING 6,543 4.423 3.753 9,000 5,000 9,000
5420 EDUCATIONAL EXPENSES 2,792 6.231 2,854 5,000 5,000 5,000
6400 CAPIT AL ASSETS 29.430 19,525 0 0 0
----------------- ---------------- ------------------- --------------- ----------- ----------- ------------------
TOTAL OPERATIONS/MAINT. $1,168,611 $1,165,139 $1,511,864 $1,772,000 $1,637,000 $1,742,000
1=:\docs\Budget\fy2007-2008\acct detail fyD7-0B
Page 3 of 5
7/6/20079:06 AM
South Central Regional Wastewater Treatment & Disposal Board
WASTEWATER OPERATIONS & MAINTENANCE BUDGETS
2003-2008
CHEMICALS/SUPPLIES
ACCOUNT 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007 -2008
NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
_,_v,._,,_'__"__._'~'_ . '-'---~'~---" -"--------~.- ------------ ....'^--.-------- ..-.----
5100 OFFICE SUPPLIES $5.497 $6.778 $5.904 $8,000 $9,000 $9,000
5201 SAFETY SUPPLIES 4.893 7.965 5.439 6,000 4,000 6,000
5202 GENERAL OPERATING 15.734 12.868 15,868 20,000 10,000 15,000
5203 JANITORIAL SUPPLIES 2,870 2.819 3.457 4.000 3,000 3,000
5204 LABORATORY SUPPLIES 7.707 5,974 6,615 7.000 8.000 8,000
5210 CHEMICALS 557,993 711,697 736.792 780,000 901,000 770,000
5220 OIL. FUEL, LUBRICANTS 11.470 13,802 41,039 15.000 7.000 15,000
5230 CONSTRUCTION MATERIALS 2.070 0 0 3.000 1,000 3,000
5240 UNIFORMS 7.503 7.256 5,327 8.000 8.000 8.000
5250 SMALL TOOLS < $500 4.320 4,609 3.709 5.000 6,000 6.000
5251 OFFICE EQUIPMENT < $500 1,618 1,239 1.145 2.000 1.000 1.000
525? LAB EQUIPMENT < $500 335 0 0 1,000 0 1,000
.....--- ---- ----- ------
TOTAL CHEMICALS/SUPPLIES $622,010 5775,007 $825,295 $859,000 $958,000 $845,000
OPERATING EXPENSES (SUMMARY)
SERVICES 5479,076 $711.681 $724.375 $779,000 $740,000 $841.000
OPERATIONS/MAINTENANCE $1.168.611 $1.165,139 $1.511,864 $1,772.000 $1.637.000 $1,742.000
CHEMICALS & SUPPLIES $622.010 $775,007 $825,295 $859,000 $958.000 $845.000
------- ------- -- --- -----
TOTAL OPERATING EXPENSES $2,269,697 $2,651,827 $3,061,534 $3,410,000 53,335,000 $3,428,000
F:\docs\Budget\fy2007-2008\acct detail ty07-0e
Page 4 of 5
7/6120079:06 AM
South Central Regional Wastewater Treatment & Disposal Board
WASTEWATER OPERATIONS & MAINTENANCE BUDGETS
2003-2008
OPERATING CONTINGENCY
TOTAL OPERATING
CONTINGENCY
2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007 -2008
ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
----...-----..-- ---.-.-----.-.. _..__.._-,-~------- ..-.--------.- _.-----------
$50,000 $0 $0 SO $0 $0
------------------ ------------------- ------------------- --------------------- ------------------- - --- --------------------
$50,000 $0 $0 $0 $0 $0
ACCOUNT
NO. DESCRIPTION
4990 OPERATING CONTINGENCY
ENGINEERING
ACCOUNT 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007 -2008
NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
-.,." -.--------"---..--- _.__._._",._..~---_._- -. _,',__________.._n'.___ -~.....'--_._--- .------.-.----,-.----- .,------.--
3150 GENERAL $87,115 $180,151 $136,645 $50,000 $55,000 S50,OOO
3150a Permit - DEP 0 0 0 40,000 15,000 SO
3151 FACE 18,750 0 0 0 0 C
3160 BIOTOXiCITY 0 n 0 0 [I
v
3162 PRETREATMENT 0 0 0 5,000 5,000 35,000
3163 THERMAL SCREENING 995 0 0 0 2,000 0
----------------- ------------- -------------. -------------- --- -- ------- -------- --- ------------------
TOTAL ENGINEERING $106,860 $180,151 $136,645 $95.000 $77,000 $85,000
GRAND TOTAL BUDGET:
$3,683,239
$4,102,577
$4,535,843
$5,072,000
$4,859,000
$5,207,000
::::\docs\Budget\fy2007-2008\acct detail fy07-08
Page 5 of 5
7/6/20079:06 AM
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
PERSONNEL
..------..,.--..,.------..-,--------..---..------- .----
ACCOUNT TITLE
DESCRIPTION
2007.2008
BUDGET
ACCT. NO.
1212
REGULAR WAGES
Base wages - 23 Regular Employees; 1 part-time
4 Administrative
2 Lab & pretreatment
11 Operators + Holiday reg
7 Maintenance
Includes 4% average merit pay increase
$141,000 for Reuse (39,OO/hr est 300hr per mth)
Special Parity Increase:
Mechanic - David Werpney 5%
Reuse
Wastewater
$1,240,000
(141.000)
$1,099,000
12121 SICK PAY REDUCTION Employees have the annual option to 40,000
cash out 96 hours sick pay to deferred comp
in excess of fifteen (15) working days accrued in sick bank
12122 VACA PAY REDUCTION Vaca 100% up to 80 hours. 15,000
1214 OVERTIME Shift coverage as required for plant
operations. Employees working over
40 hours per week (excluding sick hours)
are paid at time and a half.
12141 Hurricane Watch 3,000
12142 Maintenance 3,000
12143 Shift 1 Coverage 6,000
12144 Shift 2 Coverage 2,000
12145 Shift 3 Coverage 6,000
12146 Training 1,000
12148 Holiday Coverage 16,000
12149 Lab/Pretreatment 1,000
12150 Special Projects 2,000
------ 40,000
12151 EMPLOYEE ASSISTANCE Board cost: $2.25 per employee per 1,000
PROGRAM month. Provides family counseling and
referral services to employees and their
families,
1221 SOCIAL SECURITY/ Employer's estimated cost: 7.65% 103,000
MEDICARE currently = Social Security - 6.2%;
Medicare - 1.45%.
1223 BLUE CROSS/BLUE SHIELD Board cost per employee [23] is estimated @ 146,000
HEALTH INSURANCE $492.00 monthly. (@ 10% increase) + $10 @ emp/mth to BB
+ Stop loss liability $7,000 to City of Boynton Beach
'''231 DENTAL INSURANCE Board cost per employee [23] est @ $35.00 monthly 10,000
F :ldocslBudgetlly2007 -20081ecct detail 1y07 -08
Page 1 of 9
7/612007 9:05 AM
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
PERSONNEL (cont.)
2007 -2008
ACCT. NO. DESCRIPTION BUDGET
12232 DISABILITY INSURANCE Long term disability insurance provided 6,000
by the Board at approximately 1 % of 40 hour
base pay per employee.
12233 LIFE INSURANCE Board provides $10,000 life insurance, 2,000
12234 VISION CARE Employee vision plan $6 @ emp mthly 2,000
1224 WORKERS' COMPENSATION Cost per employee based on a 40 hour 41,000
base pay, Anticipate a 5% increase,
1225 UNEMPLOYMENT Paid on a reimbursable basis according 2,000
to claims received.
1236 PENSION Defined Board contribution based on 40 145,000
hours base pay for participants plus
administrative fees.
1237 DEF COMP SUPPLEMENT Board match to sick cash in deferred comp 40,000
1240
PAYROLL CONTINGENCY
Employee annual appreciation dinner
and luncheons (i.e.: retirements.
recognitions, and safety awards),
2,000
TOTAL PERSONNEL
$1,694,000
.-,..-.'''..-----.-,.-----
-,._._.,,-,-_._-_...~' '.----.
F:ldocslBudgetlfy2007 -20081accl detail fy07 -08
Page 2 of 9
7/6/2007905 AM
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES
SERVICES
2007 -2008
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
3100 MEDICAL SERVICES Employee physicals, drug screens & immunizations $2,000
3110 LEGAL (ADMIN & LABOR) Attorney fees:
31101 Admin - Saberson $40,000
31103 Pension - Gray Robinson 1,000
31104 Lewis, Longman & Walker 1,000
----------- 42,000
3112 LEGAL (TOXICITY) Continuing Operational Permit Legislation
31121 Saberson 2,000
31125 Lewis, Longman & Walker 5,000
---------- 7,000
3120 SERVICES: 31201 Accounting & Bookkeeping 1,000
General & Administrative 31202 Computer Consultant & Lie renewals 5,000
31206 Copier Maint. Contract 2,000
31207 Appraisal Fee 5,000
31208 Others 1,000
------- 14,000
3200 AUDIT FEES 32001 Annual Audit - Single Audits (2) 40,000
J LAB PERMIT TESTING Outside Lab Testing Services 90,000
3406 METER CALIBRATION Calibration of transmitters, totalizers, 8,000
FLORIDA SERVICE recorders, and flowmeter pump as required.
3410 SLUDGE HAULING Based on site hauling rate of $18.90 @ cu yd cake 490,000
or $9.70 per cu yd for cake to SWA
(900 loads * $545)
3411 GRIT HAULING 72 trips @ $650; 45 @ $1,000; 13 @ $300.00 per trip, 90,000
3412 TRASH AND HAULING Tipping fee for trash hauling. Regular trash container. 1,000
3500 SERVICES: 35001 Centrifuge 30,000
Operations, Maintenance & 35002 Air Scrubbers Balancing 2,000
Professional 35003 Generators 5,000
35004 Lawn Maintenance 12,000
35005 Admin. Building Cleaning 6,000
35008 Other 1,000
35009 Contract Labor 1,000
-------------- 57,000
-------
TOTAL SERVICES $841,000
-----------
-----------
F:ldocslBudgetlfy2007 -20081aoot detail fy07 -08
Page 3 of 9
7/6/2007 9:05 AM
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
OPERA TIONS/MAINTENANCE
OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES
DESCRIPTION
ACCT. NO. ACCOUNT TITLE
Mileage reimbursement @
$0.48.5/mile; Fuel for company vehicles
1 approved vehicle allowance.
40001 Vehicle Allow
40002 Mileage Reimbursement
40003 Fuel for Vehicles
4000 VEHICLE EXPENSE
4020
4100
4102
4300
4302
4303
4400
4500
BOARD CONTINGENCY
Public relations, good will tours, floral
arrangements or fruit baskets, cards for
illnesses or funerals, and miscellaneous
business expenses:
40201 Board Expense: Appreciation
40202 Board Expense: Meals and Entertainment
40204 Board Expense: Travel, Lodging
TELEPHONE EXPENSE Monthly base fees and long-distance usage
including Fax, pager, 5 cellular phones and E-mailllnternet
POSTAGE U.S, Mail- Rate $.41 first class
ELECTRIC!TY KWH including surcharge for peak
usage. Plant 1,1 m; Hypo 65k
WATER CONSUMPTION Budgeted meter = 540x12=6500; plant 225x2.55=5700
Hypo 900x2,55x.55=12600
IRR/PROCESS REUSE WATER Irrigation water cost 1,1 m gallday @ $.28/1000
EQUIPMENT RENTAL Cranes, various equipment, and instru-
ments as required in maintenance and
operations,
INSURANCE EXPENSE
45001 General Professional Liability
45002 Auto
45003 Employment Practices
45004 Fiduciary
45006 Petroleum Storage Tank
45007 Pollution Liability
45008 Commercial Property
45009 Boiler & Machinery
45010 Mobil Equip & EDP
45011 Employee Dishonesty
F :\docs\Budgetlfy2007 .200B\acct deta,l fy07 -08
Page 4 of 9
$6,000
1,000
8,000
1.000
2,000
2,000
53,000
9,000
20,000
3,000
1.000
15,000
135,000
7,000
9,000
2,000
2007 -2008
BUDGET
$15.000
5,000
15,000
5,000
1165.000
24,000
100.000
2,000
254,000
71512007 9:05 AM
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
OPERA TIONSIMAINTENANCE
2007 -2008
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
4600 M & R EQUIPMENT Annual repair items for pumps and plant
equipment:
46001 Influent Building 2,000
46002 Aerators 3,000
46003 Blower Building 6,000
46004 Scrubbers 8,000
46005 Clarifier 1,000
46006 Return Building 2,000
46007 Solids Handling Building 8,000
46008 Hypochlorite 6,000
46009 EQ Building 1,000
46010 Effluent Building 1,000
46011 Shop Building 2,000
46012 Office Building 1,000
46013 Dechlorination 1,000
46014 Miscellaneous (GMS) 15,000
46015 Operators Office 1,000
46016 Lime Silo 1,000
-----
$59,000
Annual repairs for vehicles:
_0 M & R VEHICLES 46200 Company Vehicles 2,000
46201 Tractor 1,000
46203 Service Carts 2,000
46204 Boom Lift 1,000
46205 Other 1,000
---------- 7,000
4630 M & R GROUNDS Landscaping, sprinkler systems, retention 15,000
ponds, piping, fertilizer, etc,
4640 M & R BUILDINGS Painting, Repair or replacement of doors, 10,000
screens, locks, windows, ceiling tiles, bulbs
electrical, plumbing, and lighting.
4650 M & R UNSPECIFIED Funds for emergency or unidentified 20,000
equipment deficiencies that require upgrade
or improvement in operation.
4900 ADVERTISING Advertisement and legal ad allowance 3,000
related to plant operation or bids and
public notices.
F:ldocslBudgetlfy2007 -200Blacct detail fy07 -DB
Page 5 of 9
7/612007 9:05 AM
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
OPERA TIONS/MAINTENANCE
ACCT. NO. ACCOUNT TITLE
DESCRIPTION
2007 -2008
BUDGET
4902 LICENSES AND PERMITS 17,000
STATE
Professional & Operators license renewal 2.000
Operating Permit 7.500
Storage Tank 50
Risk Management 1,000
------------------
10.550
PALM BEACH COUNTY
Air Pollution Licenses 100
Wellfield Permit 75
Storm Water 500
Tags on Trucks 200
Wastewater 2,150
----------------
3,025
CITY & SPECIAL DISTRICT
Solid Waste Assessment/Lake Worth Drainage 2,400
Special District Fee 175
Other 01:1"\
u.....u
---------------
3.425
5400 MEMBERSHIP DUES AND Dues - Professional organizations 12,000
SUBSCRIPTIONS Professional Registration and licenses. journals
and subscriptions,
5410 TECHNICAL TRAINING
CPEs required for lic renewal per FLDEP
Lab Technical, and Quality Assurance
Short Schools; Personnel Seminars and
technical conferences; computer classes
54101 Conferences
54102 Meals
54103 Travel & Lodging
54104 CEU courses
3,000
1,000
4,000
1,000
9,000
5420
EDUCATIONAL EXPENSES
Classes, books & fees,
5.000
TOTAL OPERATIONS/MAINT.
$1,742,000
-----------
-----------
F'ldocslBudget\fy2007 -20081acot detail fy07 -08
Page 6 of 9
7/8120079'05 AM
"""""-""""""""""""-'*"""~f'l>l\~~"'+'<i.;',<,.,,,,',
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
CHEMICALS AND SUPPLIES
OPERATING EXPENSES: SERVICES; MAINTENANCE: CHEMICALS & SUPPLIES
ACCT. NO. ACCOUNT TITLE
DESCRIPTION
5100 OFFICE SUPPLIES
Copier paper, stationery, printer ink cartridges
business cards, check printing,
general office supplies, & necessities.
5201 SAFETY SUPPLIES
Gloves, protective glasses, face shields,
hearing protection, overboots, ear-plugs,
muffs, emergency eye wash, cartridge respirators,
gas cartridge, sterile storage bags for resp-
irators, disinfection systems for respirators,
fit test ampoules, respirator storage cabinets,
disposal respirators, chemical spill absorb-
ents, oil sorbent, liquid chemical neutralizers,
barricade tape, hazardous materials response
kit, salvage drum, diffusion ~es,
signs, labels, tags, first aid supplies, fire
extinguishers and accessories, hazardous
area lights, emergency small tools. safety
charts, books.
,u2 GENERAL OPERATING
SUPPLIES
Operating supplies, raingear, hard-hats,
boots, drager tubes, gloves, hoses,
firehoses, chart pens, charts, DO meters,
sludge jugs, flags, coffee supplies, water
cooler supplies, batteries. hurricane supplies,
and other miscellaneous supplies,
5203 JANITORIAL SUPPLIES
Mops, brooms, paper goods, brushes, all
necessary janitorial cleaning supplies,
5204 LABORATORY SUPPLIES
Laboratory upgrades and replacements.
Reagents, glassware, replacement of equip-
ment, apparatus. Lab supplies consumed by
Process testing done in house,
5210 CHEMICALS
52101 Polymer: 455,000 lbs @ .91 Ib
52102 Lime: Calculated 900 tons @ $175.41
per ton.
52103 Chlorine: 195 tons @ $678,05/ton.
52104 Bisulfite: 300,000 Ibs. @ $.096/lb
52105 Mise, Chemicals
52106 Caustic 42,000 gal @$2.04 per gal
52107 Sulfuric Acid 200,000 Ibs. @ $.09Ib.
52108 Salt 600 tons @ $80.00
F:ldocsIBudgetlly2007-2008\acct detail 1y07 -08
Page 7 of 9
$425,000
160,000
o
28,000
4,000
85,000
20,000
48,000
2007 -2008
BUDGET
9,000
6,000
15,000
3,000
8,000
770,000
7/6/2007 9:05 AM
ACCT. NO.
5220
5230
5240
5250
5251
5252
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ACCOUNT TITLE
CHEMICALS AND SUPPLIES (cant.)
DESCRIPTION
OIL, GAS, GREASE, DIESEL AND Diesel fuel for generator, gas,
LUBRICANTS grease, oil, and lubricants for pumps and
mowers,
CONSTRUCTION MATERIAL
UNIFORMS
SMALL TOOLS AND
EQUIPMENT PURCHASE
OFFICE EQUIPMENT
LAB EQUIPMENT
TOTAL CHEMICALS AND
SUPPLIES
F:\aocsIBudgellfy2007 -20081acct detail fyD7 -08
Walkways, signs, fencing, rails, platforms,
small shelters, concrete, etc. Additional office
and storage units.
Board participates 50% in uniform rental.
Provides five (5)
new sets of uniforms to non-renters each year
basis cost of $200.00 per employee,
Approved protective safety shoes: $85.00 - $170,00
employee per year,
Handtools, drills, bits, files, small toolboxes,
electrical equipment, and small maintenance
tools < $750.00 value,
Filing cabinets, chairs, calculators, adding
machines, office mats, shelves, printers,
tables < $750.00 value,
Small equipment <$750.00
Page 8 of 9
2007 -2008
BUDGET
15,000
3,000
8,000
6,000
1,000
1,000
$845,000
-----------
-----------
7/6/2007 9:05 AM
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
OPERATING CONTINGENCY
2007 -2008
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
4990 OPERATING CONTINGENCY To be utilized as a supplement for any line $0
items which are exceeded during the budget
year. Status of this Fund to be reported to
Board. GASB & GAAP requirements,
ENGINEERING
2007 -2008
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
3150
GENERAL
31501 General/Permit Assistance (permit renewal)
50,000
$50,000
3162
PRE-TREATMENT
FLDEP Permit
35,000
$35,000
TOTAL ENGINEERING
$85,000
-----------
-----------
GRAND TOTAL BUDGET:
$5,207,000
-----------
-----------
F:\docs\Budget\ty2oo7 -2ooB\acct detail fy07 -DB
Page 9 of 9
7/6/2007 9:05 AM
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET
FlY 2007/2008
ACCOUNT
NO. DESCRIPTION 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007 -2008
ACTUAL ACTUAL BUDGET BUDGET PROJECTED BUDGET
R 1212 REGULAR WAGES $ 96.000 $ 113,103 $126,000 $130,000 S140,OOO S141,000
R 31101 LEGAL 3.200 2,694 4,000 4,000 4,000 4.000
R 31502 ENGINEERING 4,900 1.768 4,000 4,000 0 4,000
R 32001 AUDIT 2.000 4.000 4,000 4,000 5,000 4,000
R 3402 TESTING 14,800 17.299 17,000 18,000 18.000 20,000
R 3406 METER CALIBRATION 0 90 1,000 1,000 1,000 1,000
R 35004 SERVICES (LAWN MAl NT) 9,100 7,800 9,000 9,000 9,000 9,000
R 43000 FUEL FOR VEHICLES 0 90 1,000 1,000 1,000 1.r'''''''
R 4300 ELECTRICITY 116.000 123,942 135,000 150.000 150.000 203,L
R 43020 WATER 0 0 0 0 r 1 0,000
L
R 45001 INSURANCE 22.409 21,230 25,000 30.000 20,000 30.000
R 46014 M & R EQUIPMENT 19.300 9,913 10,000 10,000 9,000 10,000
R 4640 M & R BUILDING 200 1.051 1,000 1,000 0 '.,000
R 4902 LICENSES & PERMITS 0 0 0 0 0
R 5204 SUPPLIES LAB 0 0 1,000 1,000 0 1,000
452103 CHEMICALS 37,000 66.574 90.000 97,000 65,000 40,000
----------- ------------------- --------------- ------------------ --------------------- ---------------------
TOTAL BUDGET: $ 324.909 $ 369,554 $428,000 $460,000 $422,000 $479.000
F:\docs\BiJdget\fy2007 _2008\Reclaim det+summar)' fy07 ~08
Page "I of ~
7/6:20C710:21 At..\
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET
FN 2007-2008
2007 -2008
....CCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
R 1212 REGULAR WAGES Reuse charged ($39.00fhr) $141,000
for work performed on system
R31i01 LEGAL Attorney fees associated with 4,000
reclaim
R 31502 ENGINEERING Engineering fees associated 4,000
with reclaim
R 32001 AUDIT Audit fees for reclaim 4,000
R 3402 TESTING Costs associated for lab fee 20,000
required by DEP
R 3406 METER CALIBRATION Calibration of transmitters, 1,000
totallizers, recorders as required
R 35004 SERVICES Cost incurred for maintenance 9,000
of grounds associated with reclaim
R 43000 FUEL FOR VEHICLES Fuel for monitoring of reclaim 1,000
~ 4300 ELECTRICITY per KWH including surcharge for 203,000
Plant = $150k; Hypo = $53
R 43020 WATER New Hypoclorite generation 10,000
900 x 2.55 x.45
R 45001 INSURANCE Property liability package for 30,000
reclaim covered under plant
policy
R 46014 M & R EQUIPMENT Annual repair items for reclaim 10,000
pumps & equipment
R 4640 M & R BUILDINGS Cost incurred for repair of reclaim 1,000
buildings
R 4902 LICENSE & PERMITS Cost for State & local reclaim 0
permits
R 5204 LAB SUPPLIES Lab supplies consumed for 1,000
testing required by DEP
R 52103 CHEMICALS Solar Salt $80 per ton est 500 tons 40,000
--....-------------
TOTAL BUDGET: $479,000
F:ldocslBudgetlfy2007 -20081Reclalm det+summary ly07 -08
Page 1 of 2
7/61200710:21 AM
l..genda Exhibit J 1 d
South Central Regional Wastewater Treatment & Disposal Board
REPAIR & REPLACEMENT FUNDS
2007 -2008
Replace two (2) Golf Carts
Replace 1995 F150 Ford Pickup Truck
Paint Plant Exterior
Replace Chlorine Meters
Replace Internal Telephone System
Repair Both Emergency Generators
$
10,000
15,000
100,000
15,000
11,000
60,000
Total
$
211.000
Page 1 of 1
7/12/2007
F:\docslBudget\fy2007-200B\R&R Budget 07-0B.doc
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19, 2007
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JULY 19, 2007, by a vote of 8-0, authorized the Board to establish a
reclaim user rate to consumers (Delray and Plant) for Fiscal Year
2007/2008 as follows:
$0.28/1,000 gallons
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:ldocslBdMtgsIRatifs\2006-2007IBoyntonRatif 07-19-07. doc
AGENDA EXHIBIT J3
South Central Regional Wastewater Treatment and Disposal Board
RECLAIM USER RATE OPERATION & MAINTENANCE
FN 2007/2008
Original Retail Customers (1.1 billion gal/year) 3 year average
City of Oelray Beach (221 million gal/year) (Oelray Muni, Hamlet)
SCRWWTP (396 million gal/year) average
Total = (1.717 billion gal/year)
Projected budget O&M = $479,000
Reclaim user rate based on projected flows =
$479,000/1,717,000,000 gal
$
Rate
0.2790 0.28/1,000 GAL
User Flows RATE Revenue
Original Retail Customers 1.1 billion gal/year 0.2447/1000 gal + surcharge 344,170
City of Boynton Beach ? 0.28/1000 gal unknown
City of Oelray Beach:
Oelray Muni GC 96 million gal/year 0.28/1000 gal 26.880
Hamlet 125 million gal/year 0.28/1000 gal 35,000
SCRWWTP 396 million gal/year 0.28/1000 gal 110,880
$ 516,930
F:ldocslBudgetlfy2007 -200Blra tesO 70B
Page 1 of 1
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19, 2007
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JULY 19, 2007, by a vote of 8-0, authorized the establishment of a
user rate in Fiscal Year 2007-2008 for wastewater in the amount of
$.85/1,000 gal. for Operations and Maintenance and $.18/1,000 gal. for
Reserves bringing the total to $1.03 per 1,000 gallons.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:ldocsIBdMtgslRatifsI2006-2007\BoyntonRatif 07-19-07. doc
.~GEr.JD/\. .EXHIBIT J2
South Central Regional Wastewater Treatment & Disposal Board
WASTEWATER OPERATIONS, MAINTENANCE & RESERVES FUND
USER RATE & PROJECTED REVENUES
FN 2007/2008
RATE
O&M BudQet
$5,207,000
0.85/1,000/gal
0.18/1,000/qal
1.03/1.000/aal
O&M
Reserves
Total
OPERATIONS & MAINTENANCE
_~_,___.~___"..___~~~_---,""________._______,~"_.,~_~,,,.y,.c.,~,~_"^_,,~~.,.~_.~~,_.___,...._,._.~._.__._."_N~'N~.__~__~~~
PROJECTED FLOW
MINIMUM 16.8 mgd
RATE
$0.85/1,OOO/gal
INCOME
$5,212,200
AVERAGE 17.3 mgd
$0.85/1,000/gal
$5,367,325
MAXIMUM 17.8 mgd
$0.85/1,000/gal
$5,522,450
,__~._,'A'NO"_'__"_'__'_~'___~'___"'__"_'___.____~,_~~~_N___._____^~_~~N'~^___'~__'_"__V~_"__'V~_"'~__~""",-,^,y.,,~~,~---,~-,~,~,~'-'---~--
RESERVES FOR REPAIRS & REPLACEMENT
PROJECTED FLOW
MINIMUM 16.8 mgd
RATE
$0.18/1,000 GALS.
INCOME
$1,103,760
AVERAGE 17.3 mgd
$0.18/1,000 GALS.
$1 ,136,610
MAXIMUM 17.8 mgd
$0.18/1,000 GALS.
$1,169,460
F :\d ocs \Budget\fy2007 -2008\rates0708
Page 1 of 1
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19,2007
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JULY 19, 2007, by a vote of 8-0, Authorization to approve Hazen and
Sawyer's Consulting Services Work Order No. 07-005 to provide
construction phase services for the construction of the Reclaimed
Water System Expansion to 24 MGD in the amount not to exceed
$510,080 to be split 50/50 from each City's Capital Funds.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docsIBdMtgsIRatifs\2006-2007IBoyntonRatif 07-19-07. doc
SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
CONSULTING SERVICES WORK ORDER 07-005
DATE:
WORK ORDER NO. 07 -005 CONSULTING SERVICES: construction phase services for the
construction of the Reclaimed Water System Expansion to 24 MGD.
BACKGROUND
The South Central Regional Wastewater Treatment and Disposal Board (SCRWT&DB) Wastewater
Treatment Facility (WWTF) is a 24 million gallon per day (mgd) average daily flow (ADF) complete
mix activated sludge treatment process which serves the Cities of Boynton Beach and Delray
Beach. The primary method of effluent disposal is via reuse and both cities have an aggressive
program in place to promote reuse, An ocean outfall is also used as a secondary and backup
disposal method to supplement the reuse system and provide additional capacity when needed,
Current enhancements of the reuse facilities will allow treatment of wastewater to irrigation quality
water with high level disinfection. This level of treatment will make SCRWT&DB one of the premier
reuse providers in southeast Florida. In addition, the high level disinfection will qualify the
SCRWT&DB for use of deep well injection as an acceptable disposal method to supplement the
reuse system. Thus, the Board has approved the use of deep well injection as the secondary
method of disposal to the reuse system which will virtually eliminate the need for the ocean outfall.
The ocean outfall will be used for emergency backup should flows exceed the capacity of the reuse
and deep injection well systems.
Work proposed under Consulting Service Work Order 07 -005 focuses upon the engineering related
construction phase services associated with the expansion of the reclaimed water facilities to 24
mgd ADF,
SCOPE OF SERVICES
TASK 1 -- CONSTRUCTION ADMINISTRATION
The CONSULTANT will perform the following Tasks associated with administration activities related
to the construction of the project:
1, Prepare and issue Contract Drawings identified as "For Construction" to the
SCRWT&DB, the Contractor, and major subconsultants, These Contract Drawings
will be the As-Bid Drawings including all Addenda,
2, Conduct a pre-construction conference attended by representatives of the
SCRWT&DB, CONSULTANT, Contractor and major subcontractors, Prepare a
written summary of the meeting within five working days and distribute the summary
to all attendees.
Page 1 of 5
O.'\4645-011-BCA IWpdocsIC\SCRWTDB Proposal 07-005.doc
3. Review and process shop drawings, samples, schedules, certifications and any other
data which the Contractor is required to submit. This review will be for conformance
with the design concept and compliance with the information given in the
construction contract documents. Reviewed shop drawings/submittals will be
submitted to the SCRWT&DB for their records.
4. Interpret the requirements of the construction contract documents, evaluate the
acceptability of the work performed thereunder, and make recommendations on all
claims of the Contractor and advise the SCRWT&DB as to the acceptability of the
work or the interpretation of the requirements of the construction contract documents
pertaining to the execution and progress of the work.
5. Review the Contractor's applications for payment and accompanying schedules,
data and other documentation required by the construction documents; determine
the amounts owed to the Contractor; and advise the SCRWT&DB as to the
acceptability of all monthly progress payments due to the Contractor.
6. Conduct one (1) inspection to determine if the work is substantially complete and
one (1) final inspection to determine if the completed work is acceptable and has
been completed in accordance with the Contract Documents.
7. Upon determination that the project has been completed in accordance with the
Contract Documents, that the Contractor has fulfilled his obligations, and that all
systems are functioning as designed, CONSULTANT will certify to the SCRWT&DB
and the Florida Department of Environmental Protection (FDEP) that construction is
complete.
8. CONSULTANT will prepare Record (As-Built) Drawings showing those changes
made during the construction process. As-Built drawings will be based on marked
up prints, drawings and other data furnished by the Contractor to the CONSULTANT.
CONSULTANT will provide to SCRWT&DB the As-Builts on a set of bluelines on
24x36 inch paper.
TASK 2 -- RESIDENT PROJECT REPRESENTATION
The CONSULTANT will provide a Resident Project Representative (RPR) on a full-time basis forthe
duration of the construction project to observe construction and monitor work as needed.
The RPR will perform the following tasks:
1, Serve as a full-time construction liaison with the Contractor working principally
through Contractor's superintendent and assisting him in understanding the intent of
the construction contract documents.
2. Assist in obtaining from SCRWT&DB additional details or information when required
at the job site.
Page 2 of 5
O:\4645-011-BCAIWpdocs\CISCRWTDB Proposal 07-005.doc
3, Conduct on-site observations of the work in progress to assist in determining if the
work is proceeding in accordance with the construction contract documents and that
completed work will conform with the construction contract documents, Report to
Contractor whenever RPR believes that work is unsatisfactory, faulty, or defective or
does not conform to the construction 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; and advise CONSULTANT, Contractor, and
SCRWT&DB when RPR believes work should be corrected or rejected. Advise
Contractor immediately of the commencement of work requiring a shop drawing or
sample submission if the submission has not been accepted, Visually inspect and
review suitability and method of storage of materials, equipment and supplies
delivered to construction site,
4, Receive and review measurements and notations on the plans from the Contractor
as required to show field changes in construction and "As-Built" conditions and
supplement with information from on-site observations.
5, Before issuance of a determination of substantial completion, prepare a list of
observed items requiring completion or correction. Participate in substantial and
final inspections.
6. Coordinate with SCRWT&DB and Contractor necessary shutdowns and interruptions
of facilities,
7. Resident project representatives:
a) Will not undertake any of the responsibilities of the Contractor or
subcontractors.
b) Will not advise on or issue directions relative to any aspect of the means,
method, techniques, sequences, or procedures of construction unless such
is specifically called for in the construction contract documents.
c) Will not advise on or issue directions as to safety precautions and programs
in connection with the work.
d) Will not approve interruptions or modifications of SCRWT&DB facilities,
e) Will not attest to the acceptability of work completed by the Contractor when
not present at the project construction site.
TASK 3 -- O&M PROTOCOL AND HMI UPDATES
The CONSULTANT will development, test and startup SCADA-HMls associated with the Reclaimed
Water System Expansion to 24 MGD to work with the existing G.E. Fanuc iFIX 3.5.
CONSULTANT will update the facility existing reclaimed water system O&M protocol manual. The
update will include the incorporation of all modifications performed to the existing on-site reclaimed
water system as part of the reclaimed water system expansion to 24 MGD project.
Page 3 of 5
O:\4645-011-BCAIWpdocs\C\SCRWTDB Proposal 07-005,doc
ASSUMPTIONS
1. SCRWT&DB will pay for the building permit application and filing fees associated for
this project. SCRWT&DB will pay for all testing expenses associated with the
construction phase of this project as deemed necessary by CONSULTANT and
wherever the Contractor is not required (by the Contract Documents) to do so.
2. The construction of the proposed improvements associated with this Work Order will
be performed under a single construction contract and the duration of the
construction contract will not exceed 375 calendar days to final completion.
3. PLC programming and system integration of the new facilities into the proposed
Intellution operating system software is part of the scope of services provided by the
project's construction contractor and is not included as services provided under this
Work Order.
4. Engineering assistance in support of Contractor's disputed claims or litigation are not
included as services provided under this Work Order.
COMPENSATION
Proposed labor costs and associated expenses for engineering services included in Work Order
No. 07-005 will be performed for a total not-to-exceed price of $ 510,080 as detailed in Attachment
A.
PROJECT SCHEDULE
The duration of the major work tasks are as summarized below:
Task
Proceed)
Time to Complete
(Calendar days from Work Order Notice to
Task 1 - Construction Administration
430
Task 2 - Resident Project Representation
430
Task 3 - O&M Protocol and HMI Updates
430
Page 4 of 5
O:14645-005IWpdocsICISCRWT&DB Proposal 07-005,doc
The CONSULTANT may not commence work on any Work Orders approved by the
SCRWT&DB without a further written notice to proceed.
Date:
)~'V~
7-(7 -0 7
CONSUL TANT:
Approved by:
SCRWT&DB:
Date:
,
/1
AtteS~,l1/' ;::? v/J/~)hL/
~.
.' Bors, P.E., Vice President
I ..
'~E?~ice President
Reviewed by:
Page 5 of 5
O:\4645-011-BCA\Wpdocs\C\SCRWTDB Proposal 07-005,doc
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D:
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19, 2007
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JULY 19, 2007, by a vote of 8-0, Authorization to increase J.J.
Kirlin's Contract for constructing the 6-MGD Reuse Expansion with a
Change Order by $98,322 increasing the total Contract from
$5,315,000 to $5,413,322. Action to be ratified by both Cities and the
amount to be split SO/50 from each City's Capital Funds.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently,
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
CIDocuments and SettingslpylejlLocal Settingsl Temporary Intemet FileslOLKC1 EIBoyntonRatif 07-19-07 rev, doc
AGE~TDA EXHIBIT J9
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
RECLAIMED WATER SYSTEM 6MGD EXPANSION
BID ALLOWANCE ITEM COST SUMMARY
II No. Description 6MGD I Expansion to Comments
Expansion 24 mgd
1 Reduction of NaOCI tank pad thickness $ (5.693.00) Electrical duct bank conflicts (differing site condition)
2 Modifications to filter system metal building $ 3.512,00 Additional roof insulation
I 3 Modification to Sodium Hypochlorite Building $ 12,568,00 Building aesthetic compatibility
I
1\ 4 Installation of sodium hypochlorite blower Air filter $ 12.869,00 IAdditional connections and supports for sodium
Silencers hypochlorite blower air filter silencers
I 5 Removal of iightweight concrete from Sodium $ 11.364,00 Existing roof lightweight concrete not approved for new
I Hypochlorite Building roof roofing system (differing site condition)
6 FRP reducer for OSG blowers $ 3,955,00 Additional FRP reducers for OFE blowers
7 Additional tee head bolts for fittings $ 1.498.00 Additional bolts necessary for OFE fittings
8 Additional fitting for Reclaimed Water Transfer Pump $ 5,928.00 Additional fitting to maintain potable water to industrial park
9 [Additional stucco for Sodium Hypochlorite Building $ 22.902.00 Building aesthetic compatibility
10 42" Sleeve for Chlorine Contact Basin influent line $ 6,982,00 Additional fitting to speed construction time
I
11 IAdditional check valves and ball valves for brine feed $ 1,111,00 Additional fitting to softwater system
lines
12 Clarifier NaOCI distribution System $ 4.872,00 Increasing capacity NaOCI distribution system
I I Increase filter influent valve from 24" to 36" i Increase in size necessary for 24 mgd reclaimed water
I 13 $ 33,270.00 facility
I 14 Additional PVC ductbank for future Filter Building 1$ 52.426.00 Avoids re-excavation of existing paved road and excavation
Electrical Room around existing utilities
15 Additional fittings and offsets for filter influent lines I $ 11 515 00 I Pipe modification necessary for necessary flowmeters
. . proposed for 24 mgd reclaimed water facility
I I I 1$ Conflicts with additional electrical duct bank needed for 24
I 16 I Removal of existing rain leader at Filter Building 1,111.00 mgd reclaimed water facility
I
Subtotals: $81,868.00 $98,322.00
I TOTAL ALLOWANCE ITEM COSTS TO DATE: $180,190.00 IThrough July 10, 2007
O:\4645-005IEngIQuarterly Board Meeting ReportsI4645..Q07 Bid Allowance Cost Summary 2007..Q7-10
HAZEN AND SAWYER
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19, 2007
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JULY 19, 2007, by a vote of 8-0, authorized Mr. Robert J. Hagel to
execute the Contract with Youngquist Brothers, Inc. for $6,297,384 on
behalf of the Board to construct the deepwell after the FDEP Permit for
construction of the injection well becomes final.
This action is to be ratified by the Cities and the amount of these
expenditures is to be split SO/50 from each City's Capital Fund.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:ldocslBdMtgsIRatifsI2006-2007IBoyntonRatif 07-19-07. doc
AGREEMENT
THIS AGREEMENT is dated as of the _day of ,200_ by and between the South
Central Regional Wastewater Treatment and Disposal Board hereinafter called the BOARD, and
Youngquist Brothers, Inc. hereinafter called CONTRACTOR.
BOARD and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Arti cle 1.
WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
For the Project entitled:
SOUTH CENTRAL REGIONAL W ASTEW ATER TREATMENT
AND DISPOSAL BOARD
DEEP INJECTION WELL SYSTEM
Article 2.
CONSULTANT.
The Project has been designed by Hazen and Sawyer, P .C., who is hereinafter called
CONSULTANT and who will assume all duties and responsibilities and will have the rights and
authority assigned to CONSULTANT in the Contact Documents in connection with completion
of the Work in accordance with the Contract Documents.
Article 3.
CONTRACT TIMES: LIQUIDATED DAMAGES
3.1 Contractor agrees that '\1/ ork ,:..ill Be s1:lostantia:l.ly completed ':/it1iin 365 ealeadar days
From. the date iFulieated in the Notiee t8 Prooeed ',vith finaJ. eompletion ',vitmn 30 ealenclar
days after the date(s) of SUBst8:fl.tial CempletieFl(s).
3.1 "Contractor agrees that Work will be substantially completed within 300 calendar
days from the date indicated in the Notice to Proceed with fmal completion within
30 calendar days after the date(s) of Substantial Completion(s)."1
Contractor accepts the provisions of the Agreement as to liquidated damages in the event
of failure to complete the Work on time.
1 Addendum No. 1
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3.2 Liquidated Damages. The BOARD and CONTRACTOR recognize that time is of the
essence of this Agreement and that the BOARD will suffer financial loss if the Work is
not completed within the times specified in paragraph 3.1 above, plus any extensions
thereof allowed in accordance with Article 12 of the General Conditions.
The BO,,^~RD and CONTR..\CTOR agee that as liquiaateci dlHRages for delay (but not as
a penalty) CONTR..^~CTOR shall pay the BO,,\RD five hundred dollars ($500.00) for each
calemiar day that eKflires after the time speeified in panrgraphs .3.1 for substantial
completion(s) until tho '.\lork is substantially eo~lete. ,,\fter S1:1bstantial Completion(s)
ifCONTR..\CTOR shall negleet, refuse or fail to 60mfllete the rem.aining \Vork ':/ithin the
COHtFaet Times or any flroper exteHsioH thereof granted by the BO.^~RD, CONTR..^...CTOR
shall pay BOA....W five lrundred daIlars ($500.00) for eaeh ealenaar ciay that eJtcpires after
the time speeified iH P8:ffigrBflfl. .3.1 for 6amflletion liRd readiness fer final paYHl6ftt. These
amouHts are flat peHalties but are IiEIuiaated damages to the BO.^...RD for its inability to
obta:in full aBaefieial oce~aney of the Projeet. LiEIuidatea G.lHRages are Hereby fi](ed and
agree a upon aetY/eeH tl=1e parties, reeog:aiziHg the iFHflossibiIity of flreeisely aseertlliF.l.ing
the am01:11lt of damages tHat '.vill be sootcHn8G by the BO;\....W as a eonsequeHee of suoh
delay, 8:flG both parties desiring to obyiate lIDY ql:Iestion of dispute eoncern.iHg the amount
of saia damages and the cost and eff<€let of the failure of CONTR..^~CTOR to complete the
Contraet on time.
"The BOARD and CONTRACTOR agree that as liquidated damages for delay (but
not as a penalty) CONTRACTOR shall pay the BOARD two thousand five
hundred dollars ($2,500.00) for each calendar day that expires after the time
specified in paragraph 3.1 for substantial completion(s) until the Work is
substantially complete. After Substantial Completion(s) if CONTRACTOR shall
neglect, refuse or fail to complete the remaining Work within the Contract Times or
any proper extension thereof granted by the BOARD, CONTRACTOR shall pay
BOARD two thousand five hundred dollars ($2,500.00) for each calendar day that
expires after the time specified in paragraph 3.1 for completion and readiness for
fmal payment. These amounts are not penalties but are liquidated damages to the
BOARD for its inability to obtain full beneficial occupancy of the Project.
Liquidated damages are hereby fIxed and agreed upon between the parties,
recognizing the impossibility of precisely ascertaining the amount of damages that
will be sustained by the BOARD as a consequence of such delay, and both parties
desiring to obviate any question of dispute concerning the amount of said damages
and the cost and effect of the failure of CONTRACTOR to complete the Contract on
time. "1
3.3 The above-stated liquidated damages shall apply separately to each portion of the Project
for which a time for completion is given.
1 Addendum No. 1
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3.4 the BOARD is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under this Contract or as much thereof as the BOARD
may, in its sole discretion, deem just and reasonable.
[Remainder of this page left blank intentionally]
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SCHEDULE OF BID PRICES
DEEP INJECTION WELL SYSTEM
BID ITEM
NO.
QUANITY
DESCRIPTION
TOTAL
Lump sum
PART 1 - For the construction of one deep injection well
complete with all appurtenances and testing for the lump
sum price of
Four Million Nine Hundred Ninety Six Thousand
Five Hundred Eighty Four Dollars and
Zero Cents $4.996.584.00
Adiustment Values (To establish unit prices)
1.01
200 feet
For drilling nominal 58-inch borehole
$ I DO/foot
1.02 200 feet For furnishing and installing 50-inch conductor casing
$ 200/foot
1.03 840 feet For drilling nominal 50-inch borehole to 1,000 feet bpI
$ 125/foot
1.04 1,000 feet For furnishing and installing 42-inch surface casing
$ 125/foot
1.05 1,030 feet For drilling 12 ;4-inch pilot hole to 2,030 feet bpI
$ 100/foot
1.06 1 ,000 feet For drilling nomina142-inch borehole to 2,000 feet bpI
$ 125/foot
1.07 2,000 feet For furnishing and installing 34-inch intermediate casing
$ 100/foot
1.08 1,000 feet For drilling 12 ;4-inch pilot hole to 3,000 feet bpI
$ 100/foot
1.09 1.000 feet For drilling nominal 34-inch borehole to 3,000 feet bpI
$ 90/foot
1.10 3,000 feet For furnishing and installing 24-inch intermediate casing
$ 1 80/foot
1.11 500 feet For drilling nominal 24-inch borehole to 3,500 feet bpI
$ lOa/foot
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2.09 500 hours For standby time
$ 1.00lhour
3
PART 3 - Contingency allowance for additional work
associated with the Deep Injection Well System as
Lump sum directed by the Bo.ARD complete and iIl place for the
lump sum price of One hundred thousand Dollars and
Zero Cents.
$ 100.000.00
The BOARD reserves the right to waive any informality in any bid, and to reject
to reject any and all bids for any reason whatsoever that BOARD may deem necessary
for its best interest..
TOTAL BASE BID PRICE FOR PROPOSAL (ITEMS 1 THROUGH 3):
$ 6.297,384.00
(FIGURES)
Six Million Two Hundred Ninety Seven Thousand Three Hundred Eighty Four Dollars and
Zero Cents
(TOTAL WRITTEN DOLLAR AMOUNT)
Article 4.
PAYMENT PROCEDURES
Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by CONSULTANT as provided in the
General Conditions.
4.1 Progress Payments. The BOARD shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR'S Applications for Payment as
recommended by CONSULTANT, on or about the first day of each month during
construction as provided in the Contract Documents. CONTRACTOR may make
Application for Payment for work completed during the Project at intervals of not
more than once a month. CONTRACTOR's application shall show a complete
breakdown of the Project components, the quantities completed and the amount
due, together with such other information and supporting evidence as may be
required by CONSULTANT. CONTRACTOR shall submit with each Application
for Payment, an updated progress schedule acceptable to CONSULTANT. All
progress payments will be on the basis of the progress of the Work measured by
the schedule of values established in Paragraph 2.6.3 of the General Conditions
and in the case of Unit Price Work based on the number of units completed or, in
the event there is no schedule of values, as provided in the General Requirements.
In addition, the CONTRACTOR shall submit with each Application for Payment
the executed Warranty (For Periodic Progress Payments).
4.1.1 Prior to Substantial Completion progress payments will be made in an
amount equal to 90% of the Work completed, but, in each case, less the
aggregate of payments previously made and less such amounts as
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CONSULTANT shall determine, or the BOARD shall determine, that the
BOARD may withhold, in accordance with paragraph 14.7 of the General
Conditions or other provisions of the Contract Documents. Any interest
earned on the retainage shall accrue to the benefit of the BOARD.
4.1.2. Prior to Substantial Completion, progress payments for materials and
equipment not incorporated in the Work but delivered and suitably stored
and accompanied by documentation satisfactory to the BOARD, as
provided in paragraph 14.2 of the General Conditions, will be made in an
amount equal to 90% as established by the schedule of values. Any
interest earned on the retainage shall accrue to the benefit of the BOARD.
4.2
Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 14.13 of the General Conditions, the BOARD shall pay the
remainder of the Contract Price as recommended by CONSULTANT as provided
in said paragraph 14.13.
4.3
The parties agree that to the extent that Florida Statute 218.70 is applicable all
payments made to the CONTRACTOR, whether Partial or Final, shall be in
accordance with Florida Statute ~218. 70 et seq. addressing payment, retain age and
punchlist procedures for the performance of public works projects.
Article 5.
(Not Used)
Article 6. THE CONTRACTOR MAKES THE FOLLOWING REPRESENTATIONS AND
ADDITIONAL AGREEMENTS WHICH SHALL CONTROL OVER ANY CONTRARY
PROVISIONS OF THE CONTRACT DOCUMENTS. In order to induce the BOARD to enter
into this transaction the CONTRACTOR makes the following representations and additional
agreements which shall control over any contrary provisions of the Contract Documents:
6.1 CONTRACTOR has visited, studied and analyzed the Site and contiguous areas
and familiarized itself with the nature and extent of the Work, the Contract
Documents, the Site and contiguous areas (including but not limited to surface
and subsurface conditions, surface and subsurface structures, possible concealed
conditions, possible unforeseen conditions, and Underground Facilities), the
locality, and all local conditions and Laws and Regulations that in any manner
may affect cost, progress, performance or furnishing of the Work.
CONTRACTOR has performed and is relying solely upon its own independent
observations, examinations, investigations, explorations, tests, reports and studies
as to all such matters and to determine the nature and extent thereof. The time
available to CONTRACTOR has been adequate for CONTRACTOR to do its
own independent observations, examinations, investigations, explorations, tests,
reports and studies as to all such matters and to determine the nature and extent of
thereof and CONTRACTOR agrees that CONTRACTOR shall have the absolute
and unqualified obligation to perform and complete the Work in accordance with
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the Contract Documents without increase in the Contract Price or Contract Times
regardless of the surface and subsurface conditions, surface and subsurface
structures, concealed conditions, unforeseen conditions, and Underground
Facilities which may be encountered.
6.2 Neither the BOARD or CONSULTANT have made any representations to the
CONTRACTOR as to conditions at the Site or contiguous areas including but not
limited to surface or subsurface conditions, surface and subsurface structures,
concealed conditions, unforeseen conditions, Underground Facilities or
Hazardous Environmental Conditions. CONTRACTOR is relying solely upon its
own independent observations, examinations, investigations, explorations, tests,
reports and studies as to all such matters and to determine the nature and extent
thereof.
6.3 The CONTRACTOR expressly assumes the risk as to all conditions at the Site
and contiguous areas including but not limited to those relating to surface and
subsurface conditions, surface and subsurface structures, concealed conditions,
unforeseen conditions and Underground Facilities and shall perform and complete
the Work in accordance with the Contract Documents with no increase in the
Contract Price or Contract Times regardless of the surface and subsurface
conditions, surface and subsurface structures, concealed conditions, unforeseen
conditions and Underground Facilities that are encountered and, regardless of
whether they are: (i) foreseen, (ii) unforeseen, (iii) concealed (iv) reasonably
anticipated or not, (v) materially different from those ordinarily encountered and
generally recognized as inherent in the work of the character being provided under
the Contract Documents (vi) different from what is indicated, reflected or referred
to in the Contract Documents (vii) are known by BOARD or CONSULTANT but
have not been disclosed to CONTRACTOR or (viii) different from what is
indicated, reflected or referred to in any of CONTRACTOR's observations,
examinations, investigations, explorations, tests, reports and studies or other
information available to CONTRACTOR. CONTRACTOR is relying solely upon
its own independent observations, examinations, investigations, explorations,
tests, reports and studies. Failure of CONTRACTOR to become fully acquainted
with all physical conditions of the Site and contiguous areas including but not
limited to surface and subsurface conditions, concealed conditions, unforeseen
conditions, surface and subsurface structures, Underground Facilities shall not
relieve CONTRACTOR of CONTRACTOR'S absolute and unqualified
obligation to perform and complete the Work in accordance with the Contract
Documents with no increase in the Contract Price or Contract Times regardless of
what the CONTRACTOR may encounter.
6.4 If the conditions at the Site or contiguous areas encountered by CONTRACTOR
including but not limited to those related to surface and subsurface conditions,
surface and subsurface structures, concealed conditions, unforeseen conditions, or
Underground Facilities are different than what may be indicated, reflected or
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referred to in any of the Contract Documents the CONTRACTOR shall
nonetheless be obligated to perform and complete the Work in accordance with
the Contract Documents with no increase in the Contract Price or Contract Times.
CONTRACTOR is relying solely upon its own independent observations,
examinations, investigations, explorations, tests, reports and studies regarding all
such matters.
6.5 Neither the BOARD or CONSULTANT shall have any obligation or duty
(CONTRACTOR hereby waives any such obligation or duty) to disclose to
CONTRACTOR any knowledge they may have regarding conditions at the Site or
contiguous areas including but not limited to those related to surface and
subsurface conditions, surface and subsurface structures, concealed conditions,
unforeseen conditions, and Underground Facilities. The CONTRACTOR is
relying solely upon its own independent observations, examinations,
investigations, explorations, tests, reports and studies to determine and satisfy
itself with regard to all conditions at the Site and contiguous areas including but
not limited to those related to surface and subsurface conditions, surface and
subsurface structures, concealed conditions, unforeseen conditions, and
Underground Facilities.
6.6 CONTRACTOR has correlated the information known to CONTRACTOR and
the results of all such CONTRACTOR observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the
Drawings and Contract Documents and CONTRACTOR accepts the Drawings
and Contract Documents and approves the adequacy thereof for the
CONTRACTOR to perform and complete the Work in accordance with the
Drawings and Contract Documents with no increase in the Contract Price or
Contract Times. CONTRACTOR does not consider that any further examinations,
investigations, explorations, tests, reports and studies are necessary.
6.7 CONTRACTOR has reviewed and approves the adequacy of all Drawings and
Contract Documents and represents that they are sufficient in scope and detail to
indicate and convey a clear understanding of all terms and conditions for
performance of the Work in accordance with the Contract Documents with no
increase in Contract Price or Contract Times.
6.8 CONTRACTOR has given written notice to the CONSULTANT of any conflicts,
errors or discrepancies that he has discovered in the Contract Documents and the
CONTRACTOR shall accept the written resolution thereof by CONSULTANT.
The CONTRACTOR accepts and approves the adequacy of the Drawings and
Contract Documents, with any such CONSULTANT resolution, to perform and
complete the Work in accordance with the Contract Documents with no increase
in the Contract Price or Contract Times. Furthermore, even if CONTRACTOR
discovers any conflicts, errors or discrepancies in the Contract Documents in the
future this shall not relieve CONTRACTOR from CONTRACTOR's absolute and
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unqualified obligation to perform and complete the Work without increase in the
Contract Price or Contract Times regardless of the surface and subsurface
conditions, surface and subsurface structures, concealed conditions, unforeseen
conditions, and Underground Facilities which may be encountered.
6.9
CONTRACTOR's absolute and unqualified obligation to complete the Work in
accordance with the Contract Documents with no increase in Contract Price or
Contract Times regardless of the surface and subsurface conditions, surface and
subsurface structures, concealed conditions, unforeseen conditions, and
Underground Facilities encountered shall include the obligation of
CONTRACTOR to complete the Work with such additions, deletions or revisions
to the Work and Contract Documents as may be required because of such
conditions, structures and Underground Facilities with no increase in the Contract
Price or Contract Times.
Article 7.
CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between the BOARD and
CONTRACTOR concerning the Work consist of the following:
7.1. Advertisement for Bids (Pages AB-1 and AB-2).
7.2. Instructions to Bidders (pages IB-1 to IB-12 and attached EXHIBIT INS-REQ).
7.3. Proposal (Bid Form) (pages P-1 to P-25).
7.4. CONTRACTOR'S Bid (pages P-1 to P-25 with attachments).
7.5. Bid Bond (pages P-17 to P-18).
7.6. This Agreement (pages A-I to A-25).
7.7. Common Law Performance Bond (pages CLPRB-1 to CLPRB-4).
7.8. Statutory Payment Bond (pages STPYB-1 to STPYB-3).
7.9. Notice of Award (pages NA-1 to NA-3).
7.10. Notice to Proceed (page NTP-l).
7.11. Certificate of Substantial Completion (pages CSC-l and CSC-2).
7.12. Warranty (For Periodic Progress Payments) (pages WT-1).
7.13. Final Receipt-Release of Lien-Warranty (pgs. FR-l to FR-2).
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7.14. General Conditions (pages GC-l to GC-55.).
7.15. All Addenda issued prior to the opening of Bids.
7.16. V olume I entitled Contract Requirements containing all of the forms ofthe
documents referred to in the following subsections of this Article 7:
7.1.,7.2.,7.3.,7.4,7.5.,7.6., 7.7., 7.8.,7.9.,7.10.,7.11.,7.12.,7.13. and 7.14.
7.17. Volume II entitled Technical Specifications containing DIVISIONS 1-17.
7.18 Volume III containing the Drawings and other requirements consisting of title
sheet and sheets numbered 1 through 10, with each sheet bearing the following general
title:
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD
DEEP INJECTION WELL SYSTEM
7.19. Documentation submitted by CONTRACTOR prior to Notice of Award (N/A).
7.20. The following which may be delivered or issued after the Effective Date of this
Agreement and are not attached hereto: All Written Amendments, Change Orders
and other documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.4 and 3.5 ofthe General Conditions.
7.21 Attachments are the following: N/A
7.22 All of the documents listed in this Article 7 above constitute the "Contract
Documents". There are no Contract Documents other than those listed above in
this Article 7. The Contract Documents may only be amended, modified or
supplemented as provided in Paragraphs 3.4 and 3.5 of the General Conditions.
Article 8 INDEMNITY
This Agreement includes consideration for the indemnification provision contained in Section
6.30 of the General Conditions which is incorporated herein, and made a part hereof, as if fully
set forth herein.
Article 9. REIMBURSEMENT OF CONSULTANT EXPENSES
Should the completion of this Contract be delayed beyond the specified or adjusted time limit,
CONTRACTOR shall reimburse the BOARD for all expenses of CONSULTING and inspection
incurred by the BOARD during the period between said specified or adjusted time and the actual
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date of final completion. All such expenses for CONSULTING and inspection incurred by the
BOARD will be charged to CONTRACTOR and be deducted from payments due
CONTRACTOR as provided by this Contract. Said expenses are further defined as
CONSULTANT charges associated with the construction contract administration, including
resident project representative costs.
Article 10. MISCELLANEOUS:
10.1. Terms used in this Agreement which are defined in Article 1 of the General
Conditions will have the meaning indicated in the General Conditions.
10.2. Neither the Contract Documents nor any interest herein shall be assigned,
transferred, or encumbered by the CONTRACTOR nor shall the BOARD be
liable to any assignee or transferee or any other person, without the written
consent of the BOARD, to the assignment, transfer or encumbrance which
consent, the BOARD may grant or deny, in the BOARD'S sole and absolute
discretion. If any such assignment, transfer or encumbrance is consented to by the
BOARD, the BOARD shall not release or discharge CONTRACTOR from any
obligation hereunder. In any event, the BOARD shall not approve an assignment,
transfer or encumbrance unless the Surety on the Common Law Performance Bond
and Statutory Payment Bond has informed the BOARD in writing that it consents to
the assignment, transfer or encumbrance. In addition, CONTRACTOR shall not
subcontract any portion of the Work required by the Contract Docll.ments except
as authorized by the Contract Documents.
10.3. The BOARD and CONTRACTOR each binds itself, its partners, its successors,
assigns and legal representatives to the other party hereto, its partners, successors,
assigns and legal representatives in respect of all covenants, agreements and
obligations contained in the Contract Documents.
10.4 CONTRACTOR represents that all persons delivering the services required by
this Contract have the knowledge and skills, either by training, experience,
education, or a combination thereof, to competently perform the duties,
obligations, and services described as Work and to provide and perform such
services to the BOARD's satisfaction for the agreed compensation.
10.5 The BOARD and CONTRACTOR agree that each requirement, duty, and
obligation set forth in the Contract Documents is substantial and important to the
formation of this Agreement and, therefore, is a material term hereof.
10.6 No waiver of any provision of the Contract Documents by the BOARD shall be
effective against the BOARD unless it is in writing and signed by the BOARD,
and shall only be applicable to the specific instance to which it relates and shall
not be deemed a continuing or future waiver. BOARD's failure to enforce any
provision of the Contract Documents shall not be deemed a waiver of such
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provision or modification of the Contract Documents. No waiver of any breach of
any provision of the Contract Documents by the BOARD shall be effective
against the BOARD unless it is in writing and signed by the BOARD and any
such waiver shall not be deemed a waiver of any subsequent breach and shall not
be construed to be a modification of the terms of the Contract Documents.
10.7 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
10.8 CONTRACTOR is an independent contractor under this Contract. Services
provided by CONTRACTOR pursuant to this Contract shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of the
BOARD. This Contract shall not constitute or make the parties a partnership or
joint venture.
10.9 Neither CONTR...^.CTOR Bor the BO"^~W intead to direetly or sl:lBstantially
13eaefit a third party by this CeHtFaet. Therefere, tHe parties agree tHat there are no
third party beaefieiaries to this CElBtra6t and tHat BO third party shall be entitled to
assort a 61mB'! against either ofiliem basod UpOB t1:tis CcmtFaet.
"10.9 Except as set forth in paragraph 6.30 of the General Conditions, neither
CONTRACTOR nor the BOARD intend to directly or substantially benefit a
third party. Except as set forth in paragraph 6.30 of the General Conditions,
there are no third party beneficiaries to this Contract and no third party
shall be entitled to assert a claim against either of them based upon this
Contract.,,1
10.10 The BOARD is a subdivision as defined in Chapter 768.28, Florida Statutes.
Nothing in the Contract Documents is intended to serve nor shall it serve as a
waiver of sovereign immunity by the BOARD.
10.11 In the event any term or provision of the Contract Documents shall be determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or be construed or deleted as such
authority determines, and the remainder of the Contract Documents shall be
construed to be in full force and effect.
10.12 Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by Federal Express or similar overnight delivery service or by hand-
delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The
1 Addenduln No. 1
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place for giving notice shall remain the same as set forth herein until changed in
writing in the manner provided in this section. For the present, the parties
designate addresses for notice as are set forth on the signature page of this
Agreement.
10.13 By entering into this Contract, CONTRACTOR and BOARD hereby
expressly waive any rights either party may have to a trial by jury of any
civil litigation related to, or arising out of the Project. CONTRACTOR,
shall specifically bind all Subcontractors to the provisions of this Contract.
10.14 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Contract that are not
contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written.
10.15 This Agreement may be executed in one or more counterparts, each of which shall
be deemed to be an original, and all of which, taken together, shall be deemed to
constitute one agreement.
10.1 (j CONTR.^~CTOR agrees that if the funds being paid to CONTR.^~CTOR in whole
0: in part f'0r the 'Nork Uflder tbis .^~greem6nt at any time v:hile this .'\.greement is
in effeet Me from regional (sueh as but not limited to South Florida ',Vater
Management District), State or Federal. governmental or quasi governmental
ageneies tHe CONTR. '\.CTOR shall eomply ',yith all llf':/s, rules and requirements
of such funding ageneies and to the m{tent required by s1:1eh agencies shall
like\vise require all Subeontractors (and subeontraetors as defined by such
ageneies) to cOlIlf'ly. In addition and not ifI. limitation of the foregoing, the
CONTR.'\.CTOR is advised tRat the BO/.....W has applies for ful'laing to the 80:2t1:
Florida Water Management Distriet ("SFVlMD") pursuant to the SF\V14D' s
.^Jtemative Water Supply Funding Program. The CONTR.\CTOR shall comply
(and require Subeol'ltraotors 8:fld suboontraotors as defil'led by such agenoies to
comply) '.'lith all requirefflents of the SF'NMD's .^Jtemative Water Supply
Funding Program. The CONTR.^~CTOR shall not (nor alIa':.' any Subcontractor or
suboontraotor as defined by sueR C%gooeies) to take or omit to take any aotion that
...'ould cause the B01\RD to lose or oe ineligible for sueh regional, State or
Federal funding ineluding but not limited to SF\VMD's ;\.lternative 'Nuter Supply
Funding. Furthefffiore, CONTR.'\.CTOR agrees tEl exeeute amendments to tho
Contraet Documents v:itllin 7 days of '",Fitten request by the BO/l.....W and roquire
Subeontraetors (and subeontraetors as defined by sueh ageneies) to promptly
execute aRd deliver to CONTR.^~CTOR am.el'laments to subeoHtFacts (and deli'.'or
them to BO.^~ if requested by BO.\RD) '.vmeh amendments may be required in
order fDr the Contract Doeuments (and saeoontraots) to be in oomplianee \':ith
"..~t., +'..,~..tiR5 ages"''' ~M:a;- --..- ,......~....T'T'n.. GTGR's ~eFfeffHEl:H6e ie Fe9:efEl te
"'__.1....1. .LW"'~ -.J "'-"1 .a..L_......L.&""'.I..L~u. ,-,Vl~l1\.....;..... '" :;:,
O:4645-010IB:07-18-07
A-14
SCRWT&DB
DEEP INJECTION WELL SYSTEM
all requirements of tms PlH'agraph and any required afFleRamoots shall be without
increa.se in the Contract Priee or Contraet Times. CONTR..^...CTOR agrees that its
obligations under tms f>lH'agraph shall be in addition to, and Bot in limitation of,
CONTR..^~CTOR's other ebligations ooaer the Ccmtraet Doeuments (in eluding but
not limited to ,:\.rtiele 6 hereof).
"10.16 Notwithstanding anything in the Contract Documents to the contrary the
following provisions of this paragraph shall apply: The CONTRACTOR
agrees that CONTRACTOR shall comply with all laws, rules and grant
funding requirements of all Agencies that have or will be providing any
grant funding to the BOARD related in any way to the Work and
CONTRACTOR shall require all Subcontractors (and subcontractors as
dermed by such Agencies) to comply with all such laws, rules and
requirements. The term "Agencies" for purposes of this paragraph shall
mean any and all governments and quasi governments and shall include but
not limited to local, regional (such as but not limited to South Florida Water
Management District), State and Federal governments and quasi
governments and all agencies and instrumentalities thereof. After notice
from BOARD of potential or actual grant funding the CONTRACTOR shall
not take or omit to take any action, nor allow any Subcontractor or
subcontractor as dermed by any such Agencies to take or omit to take any
action that would cause the BOARD to lose or be ineligible for funding or
cause the BOARD to be in violation of any of the requirements for such
funding. CONTRACTOR shall, and shall cause Subcontractors and
subcontractors as dermed by the Agencies, to immediately remedy any
deficiency or violation found by the BOARD upon notice of such from the
BOARD. CONTRACTOR agrees that the Contract Documents may be
amended by the BOARD upon notice to the CONTRACTOR without further
act of the parties, to conform to all laws, regulations and requirements
pertaining to any grant funding and such amendments shall be binding upon
CONTRACTOR. Alternatively, the BOARD may request CONTRACTOR
to execute such amendments and CONTRACTOR shall do so and deliver
them to the BOARD within 7 days of BOARD's written request.
CONTRACTOR shall also require of all Subcontractors (and subcontractors
as dermed by the funding Agencies) that their subcontracts be amended to
conform to all laws, regulations and requirements pertaining to any grant
funding and CONTRACTOR within 10 days of BOARD's written request
shall deliver to BOARD the amended subcontracts. In addition to the other
requirements of the Contract Documents pertaining to records and access
thereto, the CONTRACTOR shall maintain and retain its records and allow
access thereto (by the BOARD and all other required Agencies and parties)
and similarly require each Subcontractor (and subcontractors as dermed by
such Agencies) to maintain and retain and allow access to their records (by
the BOARD and all other required Agencies and parties) in compliance with
the requirements of the Florida Single Audit Act, the Federal Single Audit
O:4645-01OIB:07 -1B-07
A-15
SCRWT&DB
DEEP INJECTION WELL SYSTEM
Act, OMB Circular 133 and in compliance all other laws, rules and
requirements pertaining to any grant funding. CONTRACTOR shall deliver
to the BOARD within 7 days of BOARD's written request all documents,
data, records, certifications, reports and other information required by any
of the Agencies or required by the BOARD for the BOARD to be able to
comply with requirements of the funding Agencies. CONTRACTOR is
hereby notified: (i) that the BOARD has applied for and been approved for a
grant pursuant to Florida Statute 216.052 to be administered by the Florida
Department of Environmental Protection and (ii) BOARD reserves the right
to apply for other grants. To the extent required in order for the BOARD to
be in compliance with all grant funding requirements, CONTRACTOR's
obligations under the above provisions of this paragraph shall survive any
expiration or termination of this Agreement (regardless of who terminates
and the reason therefor). In addition to the above, and all other rights of the
BOARD under the Contract Documents to have access to or audit of
CONTRACTOR's records, CONTRACTOR agrees that whenever the
BOARD requests, CONTRACTOR shall allow the BOARD (including any
parties BOARD may designate) at any time, during normal business hours,
access to CONTRACTOR's fmancial and non fmancial records including
but not limited to the BOARD having the right to conduct on site visits, plant
visits and audits and the BOARD shall be entitled to retain copies of all
records, documents, reports, data and other information related in any way
to the Work. In addition, CONTRACTOR shall deliver to the BOARD
within 7 days of BOARD's written request all documents, data, records,
certifications, reports and other information related in any way to the Work.
The foregoing two sentences shall survive any expiration or termination of
this Agreement (regardless of who terminates and the reason therefor).
CONTRACTOR's performance in regard to the requirements of this
Paragraph shall be without increase in the Contract Price or Contract
Times. ,,1
10.17 CONTRACTOR shall comply with all provisions of Federal, State and local laws
and regulations in regard to the performance of the Work. In addition and without
limiting the foregoing, the CONTRACTOR is required to and shall comply with
the provisions of subsection 255.20(3) Florida Statutes regarding lumber, timber
and forest products to be utilized in performing the Wark.
[Remainder of this page left blank intentionally]
1 ...1\ddendum ~~o. I
0:4645-010IB:07-18-07
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SCRWT&DB
DEEP INJECTION WELL SYSTEM
Agreement-Signature page for BOARD
IN WITNESS WHEREOF, the BOARD has caused this signature page bearing its signature to be
inserted into this Agreement.
The effective date of this Agreement shall be a date after which: (i) the BOARD has inserted its
signed signature page into this Agreement, and (ii) the BOARD's attorney has signed the
BOARD's signature page approving the Agreement as to form, both of which, will not occur
until after the CONTRACTOR has executed the Agreement and complied with the Notice of
Award. BOARD and CONTRACTOR agree and authorize the BOARD's attorney to insert (or
have inserted at his direction) an effective date into this Agreement (which shall also be the date
of agreement) which shall be the date the BOARD's attorney signs the BOARD's signature page
approving the Agreement as to form (which shall not occur until the BOARD is prepared to
deliver the signed Agreement to the CONTRACTOR). The effective date of this Agreement is :_
SOUTH CENTRAL REGIONAL W ASTEW A TER
TREATMENT AND DISPOSAL BOARD
By:I~Yr/
Chal
Jerry Tavlor. Mavor
(Type or Print)
~ '
AttesL- \ ~/r'(' P' ,t"bbore;J
Clerk of outh Central RegIOnal
Wastewater Treatment and Disposal Board
Review and approved as to
form
(Board Attorney).
Address for giving notice
to the BOARD
South Central Regional Wastewater
Treatment and Disposal Board
1801 North Congress Avenue
Delray Beach, Florida 33445
0:4645-010IB:07-18-07
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DEEP INJECTION WELL SYSTEM
Agreement-Signature page for CONTRACTOR
IN WITNESS WHEREOF, the CONTRACTOR has caused this Agreement to be executed on
the date shown in the attached acknowledgement.
The effective date of this Agreement shall be a date after which: (i) the BOARD has inserted its
signed signature page into this Agreement, and (ii) the BOARD's attorney has signed the
BOARD's signature page approving the Agreement as to form, both of which, will not occur
until after the CONTRACTOR has executed the Agreement and complied with the Notice of
Award. BOARD and CONTRACTOR agree and authorize the BOARD's attorney to insert (or
have inserted at his direction) an effective date into this Agreement (which shall also be the date
of agreement) which shall be the date the BOARD's attorney signs the BOARD's signature page
approving the Agreement as to form (which shall not occur until the BOARD is prepared to
deliver the signed Agreement to the CONTRACTOR). The effective date of this Agreement is :_
CONTRACTOR: Youngquist Brothers, Inc.
By:
(Signature)
(Type or Print)
(CORPORA TE SEAL)
Address for giving notices to CONTRACTOR
(Type or Print Clearly)
License No.
Agent for service of process:
(If CONTRACTOR is a corporation, limited liability company, partnership or other entity attach
evidence of authority to sign.)
O:4645-010IB:07-18-07
A-18
SCRWT&DB
DEEP INJECTION WELL SYSTEM
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_ by (name and title of officer), of
(name of corporation), formed in the
state of
, on behalf of the corporation. He/She is (personally known to me) (or
has produced identification)
(type
of identification)
(as
identification) and (did/did not) take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
Affix Notary Seal
0:464S-D10IB:07-18-07
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SCRWT&DB
DEEP INJECTION WELL SYSTEM
ACKNOWLEDGMENT IF PRINCIPAL IS AN INDNIDUAL
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of
,20_ by
(name of person acknowledged), who is personally know to me or has produced
(type of identification) as identification.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed
Printed or Stamped
Affix Notary Seal
0:4645-010IB:07-1B-07
A-20
SCRWT&DB
DEEP INJECT/ON WELL SYSTEM
ACKNOWLEDGMENTIFPARTNERSH~
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of
,20 by
(insert name of acknowledging partner) of
(insert name of partnership), a Partnership. He/She is (personally known to me) (or has produced
identification)
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
Affix Notary Seal
O:4645-010IB:07-18-07
A-21
SCRWT&DB
DEEP INJECTION WELL SYSTEM
ACKNOWLEDGMENT IF LIMTED LIABILITY COMPANY
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of
, 20 by
(insert name and title of the acknowledging manager or member) on behalf of
(insert name of limited liability company). He/She
is (personally known to me) (or has produced identification)
(type of identification) (as identification) and (did/did not) take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
Affix Notary Seal
0:4645-010IB:07-18-07
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SCRWT&DB
DEEP INJECT/ON WELL SYSTEM
CER TIFICA TE
(if Corporation)
STATE OF FLORIDA
)
) SS
)
COUNTY OF
I HEREBY CERTIFY that a meeting of the Board of Directors of
a corporation under the laws of the State of held on
20_ the following resolution was duly passed and adopted:
"RESOL VED",that , as
(insert title- Pres. or Vice Pres.) of the corporation, be he/she is hereby authorized
to execute the Agreement between the South Central Regional Wastewater
Treatment and Disposal Board (the "Board") and this corporation which was
awarded to this corporation by the Board, and that hislher execution thereof,
attested by the Secretary of the corporation and whether the corporate seal is
affixed or not, shall be the official act and deed of this corporation".
I represent and warrant that I am the Secretary of the 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 _ day of
,20
(Secretary)
STATE OF
COUNTY OF
The foregoing instrument was sworn to and subscribed before me this _ day of _
,20_ by who is personally known to
me or who has produced as identification.
NOTARY PUBLIC STATE OF
Printed Name:
Commission Number:
Commission Expiration Date:
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SCRWT&DB
DEEP INJECT/ON WELL SYSTEM
CERTIFICATE
(if Partnership)
STATE OF FLORIDA
)
) SS
)
COUNTY OF
I HEREBY CERTIFY that a meeting of the partners of
(insert name of Partnership. a Partnership under the laws of
the State of held on .20_ the following resolution was
duly passed and adopted on behalf of the Partnership:
"RESOLVED", that , as
(partner) of the Partnership, be he/she is hereby authorized to
execute the Agreement between the South Central Regional Wastewater
Treatment and Disposal Board (the "Board") and this partnership which was
awarded to this partnership by the Board and that his/her execution thereof shall
be the official act and deed of this Partnership".
I represent and warrant that I am a partner in the Partnership. I further certify that said resolution
is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
day of
20,_.
A Partner
This form must be signed on behalf of the Partnership
by at least one partner other than the one executing the
Agreement with the BOARD.
STATE OF
COUNTY OF
The foregoing instrument was sworn to and subscribed before me this _ day of _
,20_ by who is personally known to
me or who has produced as identification.
NOTARY PUBLIC STATE OF
Printed Name:
Commission Number:
AGREEMENT
A-24
SCRWT&DB
CERTIFICATE
(if Limited Liability Company)
STATE OF FLORIDA
)
) SS
COUNTY OF
)
I HEREBY CERTIFY that a meeting ofthe members of
(insert name of Limited Liability Company. a
Limited Liability Company under the laws of the State of held
on .20_ the following resolution was duly passed and adopted on behalf of the
Limited Liability Company:
"RESOLVED", that (insert
name), as (insert whether manager or member) of the
Limited Liability Company, be he/she is hereby authorized to execute the
Agreement between the South Central Regional Wastewater Treatment and
Disposal Board (the "Board") and this Limited Liability Company which was
awarded to this Limited Liability Company by the Board, and that his execution
thereof shall be the official act and deed of this Limited Liability Company".
I represent and warrant that I am a member in the Limited Liability Company. I further certify
. that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
day of
20,_.
A Member
This form must be signed on behalf of the Limited
Liability Company by at least one member other
than the one executing the Agreement with the BOARD.
STATE OF
COUNTY OF
The foregoing instrument was sworn to and subscribed before me this day of _
, 20_ by who is personally known to
me or who has produced as identification.
NOTARY PUBLIC STATE OF
Printed Name:
Commission Number:
AGREEMENT
A-25
SCRWT&DB
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19, 2007
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JULY 19, 2007, by a vote of 8-0, authorized Mr. Robert J. Hagel to
execute the Contract with John J. Kirlin, Inc. for $9,912,500 on behalf
of the Board to construct the Reclaimed Water System Expansion to
24 MGD when FDEP Permit becomes final.
This action is to be ratified by the Cities and the amount of these
expenditures is to be split SO/50 from each City's Capital Fund.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently,
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:ldocslBdMtgsIRatifsI2006-2007IBoyntonRatif 07-19-07. doc
AGREEMENT
THIS AGREEMENT is dated as ofthe _day of ,200_ by and between the South
Central Regional Wastewater Treatment and Disposal Board hereinafter called the BOARD, and
John J. Kirlin, LLC hereinafter called CONTRACTOR.
BOARD and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1.
WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
For the Project entitled:
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD
RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD
Article 2.
CONSULTANT.
The Project has been designed by Hazen and Sawyer, P .C., who is hereinafter called
CONSULTANT and who will assume all duties and responsibilities and will have the rights and
authority assigned to CONSULTANT in the Contact Documents in connection with completion
ofthe Work in accordance with the Contract Documents.
Article 3.
CONTRACT TIMES: LIQUIDATED DAMAGES
3.1 Contractor agrees that Work as defined below will be substantially completed within the
amount of calendar days noted below from the date indicated in the Notice to Proceed
with final completion within 30 calendar days after the date(s) of Substantial
Completion(s).
Sequence of Construction Item Substantial Completion
(As per identified in Section 01520 entitled (From date identified in Notice to
"Maintenance of Utility Operations During Proceed)
Construction If)
Phase II - Two Deep Injection Well Pumps 270 days
Phase IV - Start-up of all remaining facilities 345 days
0:4645-011 SAGR:07-19-07
A-1
SCRWT&DB
RECLAIMED WA TER SYSTEM
EXPANSION TO 24 MGD
Contractor accepts the provisions of the Agreement as to liquidated damages in the event
of failure to complete the Work on time.
3.2 Liquidated Damages. The BOARD and CONTRACTOR recognize that time is of the
essence of this Agreement and that the BOARD will suffer tinancialloss if the Work is
not completed within the times specified in paragraph 3.1 above, plus any extensions
thereof allowed in accordance with Article 12 of the General Conditions.
The BOARD and CONTRACTOR agree that as liquidated damages for delay (but not as
a penalty) CONTRACTOR shall pay the BOARD one thousand dollars ($1,000.00) for
each calendar day that expires after the time specified in paragraphs 3.1 for substantial
completion(s) until the Work is substantially complete. After Substantial Completion(s)
if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the
Contract Times or any proper extension thereof granted by the BOARD, CONTRACTOR
shall pay BOARD five hundred dollars ($500.00) for each calendar day that expires after
the time specified in paragraph 3.1 for completion and readiness for final payment. These
amounts are not penalties but are liquidated damages to the BOARD for its inability to
obtain full beneficial occupancy of the Project. Liquidated damages are hereby fixed and
agreed upon between the parties, recognizing the impossibility of precisely ascertaining
the amount of damages that will be sustained by the BOARD as a consequence of such
delay, and both parties desiring to obviate any question of dispute concerning the amount
of said damages and the cost and effect of the failure of CONTRACTOR to complete the
Contract on time.
3.3 The above-stated liquidated damages shall apply separately to each portion of the Project
for which a time for completion is given.
3.4 the BOARD is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under this Contract or as much thereof as the BOARD
may, in its sole discretion, deem just and reasonable.
[Remainder of this page left blank intentionally]
0:4645-011 SAGR:07-19-07
A-2
SCRWT&DB
RECLAIMED WA TER SYSTEM
EXPANSION TO 24 MGD
SCHEDULE OF BID PRICES
RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD
Bid Quantity
Item No. Description Total
1 Lump Sum For mobilization, demobilization, insurance
and bond premiums, and miscellaneous
work not covered under other Bid Items but
required to complete the project in
accordance with the Contract Documents
for the lump sum price of Five Hundred
Ninetv Three Thousand Dollars and
Zero Cents $ 593.000.00
2 Lump Sum Furnish and install all labor, materials,
equipment, services and incidentals for
the construction of reclaimed water deep
bed sand filters, modifications to the
existing filter clear well to create additional
chlorine contact basin capacity, an
expansion of the existing filter building,
installation of reclaimed water transfer
pumps and piping, installation of deep
injection well pumps and piping,
installation of an emergency power
generator, miscellaneous site
improvements including civil, landscaping,
mechanical, structural, architectural,
instrumentation, electrical work and HVAC
completed, tested and ready for operation
and in accordance with the Contract
Documents for the lump sump price of
Nine Million Two Hundred Nineteen
Thousand Five Hundred Dollars and $
Zero Cents 9.219.500.00
3 Lump Sum Contingency allowance for differing site
conditions, undefined underground
utilities, and additional work associated
with the Reclaimed Water System
Expansion to 24 MGD as directed by the
BOARD complete and in place for the
lump sum price of One hundred
thousand Dollars and No Cents $ 100.000.00
0:4645-011 SAGR:07-19-07
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SCRWT&DB
RECLAIMED WA TER SYSTEM
EXPANSION TO 24 MGD
TOTAL BASE BID PRICE FOR ITEMS 1 through 3
$9,112.500.00
Written: Nine Million One Hundred Twelve Thousand Five Hundred
Zero
Dollars and
Cents.
Article 4.
PAYMENT PROCEDURES
Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by CONSULTANT as provided in the
General Conditions.
4.1 Progress Payments. The BOARD shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR'S Applications for Payment as
recommended by CONSULTANT, on or about the first day of each month during
construction as provided in the Contract Documents. CONTRACTOR may make
Application for Payment for work completed during the Project at intervals of not
more than once a month. CONTRACTOR's application shall show a complete
breakdown of the Project components, the quantities completed and the amount
due, together with such other information and supporting evidence as may be
required by CONSULTANT. CONTRACTOR shall submit with each Application
for Payment, an updated progress schedule acceptable to CONSULTANT. All
progress payments will be on the basis of the progress of the Work measured by
the schedule of values established in Paragraph 2.6.3 of the General Conditions
and in the case of Unit Price Work based on the number of units completed or, in
the event there is no schedule of values, as provided in the General Requirements.
In addition, the CONTRACTOR shall submit with each Application for Payment
the executed Warranty (For Periodic Progress Payments).
4.1.1 Prior to Substantial Completion progress payments will be made in an
amount equal to 90% of the Work completed, but, in each case, less the
aggregate of payments previously made and less such amounts as
CONSULTANT shall determine, or the BOARD shall determine, that the
BOARD may withhold, in accordance with paragraph 14.7 of the General
Conditions or other provisions of the Contract Documents. Any interest
earned on the retainage shall accrue to the benefit of the BOARD.
4.1.2. Prior to Substantial Completion, progress payments for materials and
equipment not incorporated in the Work but delivered and suitably stored
and accompanied by documentation satisfactory to the BOARD. as
provided in paragraph 14.2 of the General Conditions, will be made in an
amount equal to 90~/o as established by the schedule of values. Any
interest earned on the retainage shall accrue to the benefit of the BOARD.
0:4645-011 SAGR:07-19-07
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SCRWT&DB
RECLAIMED WA TER SYSTEM
EXPANSION TO 24 MGO
Article 5.
Article 6.
6.3
4.2
Final Payment. Upon fmal completion and acceptance of the Work in accordance
with paragraph 14.13 of the General Conditions, the BOARD shall pay the
remainder of the Contract Price as recommended by CONSULTANT as provided
in said paragraph 14.13.
4.3
The parties agree that to the extent that Florida Statute 218.70 is applicable all
payments made to the CONTRACTOR, whether Partial or Final, shall be in
accordance with Florida Statute ~218.70 et seq. addressing payment, retainage and
punchlist procedures for the performance of public works projects.
(Not Used)
CONTRACTOR'S REPRESENTATIONS AND ADDITIONAL AGREEMENTS
In order to induce the BOARD to enter into this Agreement CONTRACTOR
makes the following representations and additional agreements:
6.1
CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, Site and contiguous areas, the locality, and all local conditions
and Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work at the Contract Price within the Contract
Times and in accordance with the Contract Documents. No additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR in regard to such
matters.
6.2
CONTRACTOR has obtained at his/her own expense and carefully studied, or
assumes responsibility for obtaining and carefully studying explorations,
examinations, investigations (including but not limited to soils), tests, reports,
studies or similar information or data which pertain to the surface and subsurface
conditions and surface and subsurface structures and Hazardous Environmental
Conditions at the Site and contiguous areas and otherwise that in any manner may
affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance of the Work at the
Contract Price within the Contract Times and in accordance with the other terms
and conditions of the Contract Documents. No additional examinations, investiga-
tions, explorations, tests, reports, studies or similar information or data are or will
be required by CONTRACTOR for such purposes.
CONTRACTOR has reviewed and verified all information and data shown or
indicated in the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the accurate
location of said Underground Facilities. Neither the BOARD or CONSULTANT
shall be responsible for the completeness or accuracy of such information or data.
CONTRACTOR shall be solely responsible for locating accurately all
Underground Facilities. No additional examinations, investigations, explorations,
0:4645-011 SAGR:07-19-07
A-5
SCRWT&DB
RECLAIMED WA TER SYSTEM
EXPANSION TO 24 MGD
6.4
6.5
6.6
6.7
Article 7.
tests, reports, studies or similar information or data in respect of said Underground
Facilities are or will be required by CONTRACTOR in order to perform and
furnish the Work at the Contract Price within the Contract Times and lI1
accordance with the other terms and conditions of the Contract Documents.
Neither the BOARD or CONSULTANT have made any representations to the
CONTRACTOR as to conditions at the Site or contiguous areas including but not
limited to surface or subsurface conditions, surface and subsurface structures,
Underground Facilities or Hazardous Environmental Conditions. CONTRACTOR
is relying upon its own independent observations, examinations, investigations,
explorations, tests, reports and studies as to all such matters.
CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and
conditions of the Contract Documents.
CONTRACTOR has given CONSULTANT written notice of all conflicts, errors
or discrepancies in the Contract Documents that CONTRACTOR has discovered
and the written resolution thereof by CONSULTANT is acceptable to
CONTRACTOR.
The Contract Documents are sufficient to indicate and convey an understanding of
all terms and conditions for performance and furnishing the Work.
CONTRACT DOCUMENTS
The Contract Documents wr.ich comprise the entire agreement between the BOARD and
CONTRACTOR concerning the Work consist of the following:
7.1. Advertisement for Bids (Pages AB-l and AB-2).
7.2. Instructions to Bidders (pages IB-I to IB-12 and attached EXHIBIT INS-REQ),
7.3. Proposal (Bid Form) (pages P-I to P-23).
7.4. CONTRACTOR'S Bid (pages P-I to P-23 with attachments).
7.5. Bid Bond (pages P-15 to P-16).
7.6. This Agreement (pages A-I to A-22).
7.7. Common Law Performance Bond (pages CLPRB-I to CLPRB-4, inclusive).
7.8. Statutory Payment Bond (pages STPYB-I to STPYB-3).
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7.9. Notice of Award (pages NA-1 to NA-3).
7.10. Notice to Proceed (page NTP-1).
7.11. Certificate of Substantial Completion (pages CSC-1 and CSC-2).
7.12. Warranty (For Periodic Progress Payments) (pages \VT-1).
7.13. Final Receipt-Release of Lien-Warranty (pgs. FR-1 to FR-2).
7.14. General Conditions (pages GC-1 to GC-57).
7.15. All Addenda issued prior to the opening of Bids.
7.16 . Volume I entitled Contract Requirements containing all of the forms of the
documents referred to in the following subsections of this Article 7:
7.1.,7.2.,7.3.,7.4,7.5.,7.6., 7.7., 7.8.,7.9.,7.10.,7.11.,7.12.,7.13. and 7.14.
7.17. Volume II entitled Technical Specifications containing DIVISIONS 1-10.
7.18 Volume III entitled Technical Specifications containing DIVISIONS 11-17.
7.19 V olume IV containing the Drawings and other requirements consisting of title
sheet and sheets numbered 1 through 122, with each sheet bearing the following
general title:
SOUTH CENTRAL REGIONAL W ASTEW ATER TREATMENT
AND DISPOSAL BOARD
RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD
7.20 Attachment A - Geotechnical Reports.
7.21. Documentation submitted by CONTRACTOR prior to Notice of Award (N/A).
7.22. The following which may be delivered or issued after the Effective Date of this
Agreement and are not attached hereto: All Written Amendments, Change Orders
and other documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.4 and 3.5 ofthe General Conditions.
7.23 Attachments are the following: N/A
7.24 .^Jl of the documents listed in this .:\.rtiele 7 above oonstitute the "Contract
Doouments". There are no Contract Doouments other thGFl those listed abo','e in
0:4645-011 SAGR:07 -19-07
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this ,^Jticle 7. All of the documents listed in this Article 7 above (except 7.20)
constitute the "Contract Documents"'. The Contract Documents may only be
amended, modified or supplemented as provided in Paragraphs 3.4 and 3.5 of the
General Conditions.
Arti cle 8 INDEMNITY
This Agreement includes consideration for the indemnification provision contained in Section
6.30 of the General Conditions which is incorporated herein, and made a part hereof, as if fully
set forth herein.
Article 9. REIMBURSEMENT OF CONSULTANT EXPENSES
Should the completion of this Contract be delayed beyond the specified or adjusted time limit,
CONTRACTOR shall reimburse the BOARD for all expenses of CONSULTING and inspection
incurred by the BOARD during the period between said specified or adjusted time and the actual
date of final completion. All such expenses for CONSULTING and inspection incurred by the
BOARD will be charged to CONTRACTOR and be deducted from payments due
CONTRACTOR as provided by this Contract. Said expenses are further defined as
CONSULTANT charges associated with the construction contract administration, including
resident project representative costs.
Article 10. MISCELLANEOUS:
10.1. Terms used in this Agreement which are defined in Article 1 of the General
Conditions will have the meaning indicated in the General Conditions.
10.2. Neither the Contract Documents nor any interest herein shall be assigned.
transferred, or encumbered by the CONTRACTOR nor shall the BOARD be
liable to any assignee or transferee or any other person, without the written
consent of the BOARD, to the assigIhllent, transfer or encunlbrance which
consent, the BOARD may grant or deny, in the BOARD'S sole and absolute
discretion. If any such assignment, transfer or encumbrance is consented to by the
BOARD, the BOARD shall not release or discharge CONTRACTOR from any
obligation hereunder. In any event, the BOARD shall not approve an assignment,
transfer or encumbrance unless the Surety on the Common Law Performance Bond
and Statutory Payment Bond has informed the BOARD in writing that it consents to
the assignment, transfer or encumbrance. In addition, CONTRACTOR shall not
subcontract any portion of the Work required by the Contract Documents except
as authorized by the Contract Documents.
10.3. The BOARD and CONTRACTOR each binds itself, its partners, its successors.
assigns and legal representatives to the other party hereto, its partners, successors.
1 Addendum No. 1
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assigns and legal representatives in respect of all covenants, agreements and
obligations contained in the Contract Documents.
10.4 CONTRACTOR represents that all persons delivering the services required by
this Contract have the knowledge and skills, either by training, experience,
education, or a combination thereof, to competently perform the duties,
obligations, and services described as Work and to provide and perform such
services to the BOARD's satisfaction for the agreed compensation.
10.5 The BOARD and CONTRACTOR agree that each requirement, duty, and
obligation set forth in the Contract Documents is substantial and important to the
formation of this Agreement and, therefore, is a material term hereof.
10.6 No waiver of any provision of the Contract Documents by the BOARD shall be
effective against the BOARD unless it is in writing and signed by the BOARD,
and shall only be applicable to the specific instance to which it relates and shall
not be deemed a continuing or future waiver. BOARD's failure to enforce any
provision of the Contract Documents shall not be deemed a waiver of such
provision or modification of the Contract Documents. No waiver of any breach of
any provision of the Contract Documents by the BOARD shall be effective
against the BOARD unless it is in writing and signed by the BOARD and any
such waiver shall not be deemed a waiver of any subsequent breach and shall not
be construed to be a modification of the terms of the Contract Documents.
10.7 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
10.8 CONTRACTOR is an independent contractor under this Contract. Services
provided by CONTRACTOR pursuant to this Contract shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of the
BOARD. This Contract shall not constitute or make the parties a partnership or
joint venture.
10.9 Neither CONT~\CTOR nor the BO..^..RD intend to directly or substantially
benefit a third party by this Contract. Therefore, the parties agree that there are no
trnrd party beneficiaries to this Contract and taat no third party shall be entitled to
assert a claim aoainst either of them based upon this Contract.
10.9 "Except as set forth in paragraph 6.30 of the General Conditions, neither
CONTRACTOR nor the BOARD intends to directly or substantially benefit
a third party. Except as set forth in paragraph 6.30 of the General
Conditions, there are no third party beneficiaries to this Contract and no
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third party shall be entitled to assert a claim against either of them based
upon this Contract."1
1 0.1 0 The BOARD is a subdivision as defined in Chapter 768.28, Florida Statutes.
Nothing in the Contract Documents is intended to serve nor shall it serve as a
waiver of sovereign immunity by the BOARD.
10.11 In the event any term or provision of the Contract Documents shall be determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or be construed or deleted as such
authority determines, and the remainder of the Contract Documents shall be
construed to be in full force and effect.
10.12 Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by Federal Express or similar overnight delivery service or by hand-
delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The
place for giving notice shall remain the same as set forth herein until changed in
writing in the manner provided in this section. For the present, the parties
designate addresses for notice as are set forth on the signature page of this
Agreement.
10.13 By entering into this Contract, CONTRACTOR and BOARD hereby
expressly waive any rights either party may have to a trial by jury of any
civil litigation related to, or arising out of the Project. CONTRACTOR, shall
specifically bind all Subcontractors to the provisions of this Contract.
10.14 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the paTties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Contract that are not
contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements.
whether oral or written.
10.15 This Agreement may be executed in one or more counterparts, each of which shall
be deemed to be an original, and all of which, taken together, shall be deemed to
constitute one agreement.
10.16 Notwithstanding anything in the Contraot Documents to the contrary, if the funds
being pa-id to CONTP~\CTOR in whole or in part for the "i,Vork under this
L\;reernent at any time TNhile this .\sreern.ent is in effect are from regional (such
1 Addendum No.1
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as but not limited to South Florida Water Management District), State or Federal
governmental or quasi governmental agencies the CONTRl\CTOR shall comply
',"lith all la'll's, rules aRd requirements of such funding agencies and to the extent
required by such agencies shall likewise require all Suboontracton; (and
suboontraotors as defined by suoh ageneies) to oomply. In addition and not in
limitation of the foregoing, the CONTR.^"CTOR is advised that the BO"^..RD has
applied for funding to the So&th Florida. Wa.ter Management District ("SF\V'MD")
pUi"suant to the SF'.J,TMD's /..ltemati','e Water Supply Funding Program. The
CONTR.^~CTOR shall oomply (and require Suboontraetors and suboontractors as
defined by suoo ageneies to eomply) '::ith all requirements of the SF'.VM:D' s
/Jternative 'Nater Supply Funding Program. The CONTR.^~CTOR shall not (nor
a:llo'..v any Subeontraetor or subeo:atraetor as defined by such agencies) to take or
omit to take aR)' aetion that would calise the BOI\...W to lose or be ineligible for
SHoh regiona:l, State or Federal funding including but not limited to SF'.llMD's
"^Jtemative ',Vater Supply Funding. Furthermore, CONTR.\CTOR agrees to
eKeoote ameRc:li.:Rents to tho CORtract DOOOfIlents within 7 days of v:ritten request
by the BO"\RD aRd require Suboo:atractors (and suboontraotors as defined by such
agenoies) to promptly exeoute and deliver to CONTR.^.CTOR amendments to
subcontraets (aRd deliver them to BO"\...W if requested by BO/.....W) ',vhich
amendments may be required in order for the Contraot Doouments (and
subeontraots) to be in oompliaRee '::ith such funding agenoy requirements.
CONTR...^~CTOR's penormLmoe in regard to a:ll requireR'l8nts of this Paragraph
and any required amendments sha:ll be ',vitho1:H inorease in the Contract Price or
Contract Times.
10.16 Notwithstanding anything in the Contract Documents to the contrary the
following provisions of this paragraph shall apply: The CONTRACTOR
agrees that CONTRACTOR shall comply with all laws, rules and grant
funding requirements of all Agencies that have or will be providing any
grant funding to the BOARD related in any way to the Work and
CONTRACTOR shall require all Subcontractors (and subcontractors as
defmed by such Agencies) to comply with all such laws, rules and
requirements. The term "Agencies" for purposes of this paragraph shall
mean any and all governments and quasi governments and shall include but
not limited to local, regional (such as but not limited to South Florida 'Vater
Management District), State and Federal governments and quasi
governments and all agencies and instrumentalities thereof. After notice
from BOARD of potential or actual grant funding the CONTRACTOR shall
not take or omit to take any action, nor allow any Subcontractor or
subcontractor as defmed by any such Agencies to take or omit to take any
action that would cause the BOARD to lose or be ineligible for funding or
cause the BOARD to be in violation of any of the requirements for such
funding. CONTRACTOR shall, and shall cause Subcontractors and
subcontractors as def'med by the Agencies, to immediately remedy any
deficiency or violation found by the BOARD upon notice of such from the
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BOARD. CONTRACTOR agre'~s that the Contract Documents may be
amended by the BOARD upon notice to the CONTRACTOR without further
act of the parties, to conform to all laws, regulations and requirements
pertaining to any grant funding and such amendments shall be binding upon
CONTRACTOR. Alternatively, the BOARD may request CONTRACTOR
to execute such amendments and CONTRACTOR shall do so and deliver
them to the BOARD within 7 days of BOARD's written request.
CONTRACTOR shall also require of all Subcontractors (and subcontractors
as delmed by the funding Agencies) that their subcontracts be amended to
conform to all laws, regulations and requirements pertaining to any grant
funding and CONTRACTOR within 10 days of BOARD's written request
shall deliver to BOARD the amended subcontracts. In addition to the other
requirements of the Contract Documents pertaining to records and access
thereto, the CONTRACTOR shall maintain and retain its records and allow
access thereto (by the BOARD and all other required Agencies and parties)
and similarly require each Subcontractor (and subcontractors as delmed by
such Agencies) to maintain and retain and allow access to their records (by
the BOARD and all other required Agencies and parties) in compliance with
the requirements of the Florida Single Audit Act, the Federal Single Audit
Act, OMB Circular 133 and in compliance all other laws, rules and
requirements pertaining to any grant funding. CONTRACTOR shall deliver
to the BOARD within 7 days of BOARD's written request all documents.
data, records, certifications, reports and other information required by any
of the Agencies or required by the BOARD for the BOARD to be able to
comply with requirements of the funding Agencies. CONTRACTOR is
hereby notified: (i) that the BOARD has or will apply for funding to the
South Florida Water Management District ("SFWMD") pursuant to the
SFWMD's Alternative Water Supply Funding Program (ii) that the BOARD
has applied for and been approved for a grant pursuant to Florida Statute
216.052 to be administered by the Florida Department of Environmental
Protection and (ill) BOARD reserves the right to apply for other grants. To
the extent required in order for the BOARD to be in compliance with all
grant funding requirements, CONTRACTOR's obligations under the above
provisions of this paragraph shall survive any expiration or termination of
this Agreement (regardless of who terminates and the reason therefore). In
addition to the above, and all other rights of the BOARD under the Contract
Documents to have access to or audit of CONTRACTOR's records.
CONTRACTOR agrees that whenever the BOARD requests.
CONTRACTOR shall allow the BOARD (including any parties BOARD may
designate) at any time, during normal business hours, access to
CONTRACTOR's financial and non fmancial records including but not
:~~~~d Ie t!--e BOARD havl::;::; t!:!e ri2ht to conduct on site visits, plant visits
and audits and the BOARD shall be entitled to rct2.i.::. :::Gpies of all records.
documents, reports, data and other information related in any way to the
Work. In addition, CONTRACTOR shall deliver to the BOARD within 7
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days of BOARD's written request all documents, data, records, certifications,
reports and other information related in any way to the Work. The
foregoing two sentences shall survive any expiration or termination of this
Agreement (regardless of who terminates and the reason therefore).
CONTRACTOR's performance in regard to the requirements of this
Paragraph shall be without increase in the Contract Price or Contract
Times. "1
10.17 CONTRACTOR shall comply with all provisions of Federal, State and local laws
and regulations in regard to the performance of the Work. In addition and without
limiting the foregoing, the CONTRACTOR is required to and shall comply with
the provisions of subsection 255.20(3) Florida Statutes regarding lumber, timber
and forest products to be utilized in performing the Work.
[Remainder of this page left blank intentionally]
1 Addendum No.1
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AGREEMENT -SIGNATURE PAGE FOR BOARD
IN WITNESS WHEREOF, the BOARD has caused this signature page bearing its signature to be
inserted into this Agreement.
The effective date of this Agreement shall be a date after which: (i) the BOARD has inserted its
signed signature page into this Agreement, and (ii) the BOARD's attorney has signed the
BOARD's signature page approving the Agreement as to form, both of which, will not occur
until after the CONTRACTOR has executed the Agreement and complied with the Notice of
Award. BOARD and CONTRACTOR agree and authorize the BOARD's attorney to insert (or
have inserted at his direction) an effective date into this Agreement (which shall also be the date
of this Agreement) which shall be the date the BOARD's attorney signs the BOARD's signature
page approving the Agreement as to form (which shall not occur until the BOARD is prepared to
deliver the signed Agreement to the CONTRACTOR). The effective date of this Agreement is :
SOUTH CENTRAL REGIONAL WASTEWATER
TREA TMENT AND DISPOSAL BOARD
By JIVfi!~
{/ hairman
Jerry Taylor. Mavor
(Type or Print)
Attest~;;r / - /J' i!.h.h [.:' A,;)
Clerk of South Central Regional
Wastewater Treatment and Disposal Board
Review and approved as to
form
(Board Attorney).
Address for giving notice
to the BOARD
South Central Regional Wastewater
Treatment and Disposal Board
180 1 North Congress Avenue
Delray Beach, Florida 33445
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AGREEMENT-SIGNATURE PAGE FOR CONTRACTOR
IN WITNESS WHEREOF, the CONTRACTOR has caused this Agreement to be executed on
the date shown in the attached acknowledgement.
The effective date of this Agreement shall be a date after which: (i) the BOARD has inserted its
signed signature page into this Agreement, and (ii) the BOARD's attorney has signed the
BOARD's signature page approving the Agreement as to form, both of which, will not occur
until after the CONTRACTOR has executed the Agreement and complied with the Notice of
Award. BOARD and CONTRACTOR agree and authorize the BOARD's attorney to insert (or
have inserted at his direction) an effective date into this Agreement (which shall also be the date
of this Agreement) which shall be the date the BOARD's attorney signs the BOARD's signature
page approving the Agreement as to form (which shall not occur until the BOARD is prepared to
deliver the signed Agreement to the CONTRACTOR). The effective date of this Agreement is :
John 1. Kirlin. Inc.
CONTRACTOR
By:
(Signature)
(Type or Print)
(CORPORATE SEAL)
Address for giving notices to CONTRACTOR
(Type or Print Clearly)
License No.
Agent for service of process:
(If CONTRACTOR is a corporation, limited liability company, partnership or other entity attach
evidence of authority to sign.)
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CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_ by (name and title of officer), of
(name of corporation), formed in the
state of
, on behalf of the corporation. He/She is (personally known to me) (or
has produced identification)
(type
of
identification)
(as
identification) and (did/did not) take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
Affix Notary Seal
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ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of
, 20_ by
(name of person acknowledged), who is personally know to me or has produced
(type of identification) as identification.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed
Printed or Stamped
Affix Notary Seal
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ACKNOWLEDGMENT IF PARTNERSHIP
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of
, 20 by
(insert name of acknowledging partner) of
(insert name of partnership), a Partnership. He/She is (personally known to me) (or has produced
identification)
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
Affix Notary Seal
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ACKNOWLEDGMENT IF LIMTED LIABILITY COMPANY
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of
, 20 by
(insert name and title of the acknowledging manager or member) on behalf of
(insert name of limited liability company). He/She
is (personally known to me) (or has produced identification)
(type of identification) (as identification) and (did/did not) take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
Affix Notary Seal
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CER TIFICA TE
(if Corporation)
STATE OF FLORIDA
)
) SS
)
COUNTY OF
I HEREBY CERTIFY that a meeting of the Board of Directors of
a corporation under the laws of the State of held on
20_ the following resolution was duly passed and adopted:
"RESOL VED",that , as
(insert title- Pres. or Vice Pres.) of the corporation, be he/she is hereby authorized
to execute the Agreement between the South Central Regional Wastewater
Treatment and Disposal Board (the "Board") and this corporation which was
awarded to this corporation by the Board, and that his/her execution thereof,
attested by the Secretary of the corporation and whether the corporate seal is
affixed or not, shall be the official act and deed of this corporation".
I represent and warrant that I am the Secretary of the 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 _ day of
,20
(Secretary)
STATE OF
COUNTY OF
The foregoing instrument was sworn to and subscribed before me this _ day of _
,20_ by who is personally known to
me or who has produced as identification.
NOTARY PUBLIC STATE OF
Printed Name:
Commission Number:
Commission Expiration Date:
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CERTIFICATE
(if Partnership)
STATE OF FLORIDA
)
) SS
)
COUNTY OF
I HEREBY CERTIFY that a meeting of the partners of
(insert name of Partnership, a Partnership under the laws of
the State of held on .20_ the following resolution was
duly passed and adopted on behalf of the Partnership:
"RESOLVED", that , as
(partner) of the Partnership, be he/she is hereby authorized to
execute the Agreement between the South Central Regional Wastewater
Treatment and Disposal Board (the "Board") and this partnership which was
awarded to this partnership by the Board and that his/her execution thereof shall
be the official act and deed of this Partnership".
I represent and warrant that I am a partner in the Partnership. I further certify that said resolution
is now in full force and effect.
IN WITNESS 'WHEREOF, I have hereunto set my hand this
day of
20,_.
A Partner
This form must be signed on behalf of the Partnership
by at least one partner other than the one executing the
Agreement with the BOARD.
STATE OF
COUNTY OF
The foregoing instrument was sworn to and subscribed before me this _ day of _
,20_ by who is personally known to
me or who has produced as identification.
NOTARY PUBLIC STATE OF
Printed Name:
Commission Number:
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CERTIFICATE
(if Limited Liability Company)
STATE OF FLORIDA
)
) SS
COlJNTY OF
)
I HEREBY CERTIFY that a meeting of the members of
, a Limited Liability Company
under the laws of the State of held on 20_ the following
resolution was duly passed and adopted on behalf of the Limited Liability Company:
"RESOLVED", that (insert
name), as (insert whether manager or member) of the
Limited Liability Company, be he/she is hereby authorized to execute the
Agreement between the South Central Regional Wastewater Treatment and
Disposal Board (the "Board") and this Limited Liability Company which was
awarded to this Limited Liability Company by the Board, and that his execution
thereof shall be the official act and deed of this Limited Liability Company".
I represent and warrant that I am a member in the Limited Liability Company. I further certify
that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
day of
20,_
A Member
This form must be signed on behalf of the Limited
Liability Company by at least one member other
than the one executing the Agreement with the BOARD.
STATE OF
COUNTY OF
The foregoing instrument was sworn to and subscribed before me this _ day of _
, 20_ by who is personally known to
me or who has produced as identification.
NOTARY PUBLIC STATE OF
Printed Name:
Commission Number:
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CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FO~u
Vl.-CONSENT AGENDA
ITEM D.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 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 IS, 2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) ~ August 7, 2007 July 16, 2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve the PRESERVE AT BOYNTON BEACH Record Plat, conditioned on the
approval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper).
EXPLANATION: The record plat review for this project commenced on April 10, 2007, to which the second and final
review was completed on June 28, 2007. Several plat preparation comments not withstanding, staff now recommends that the
City Commission approve the plat as presented subject to fmal signatures by the City Engineer and Mayor. This record plat is
the next step in the process of developing the former mobile home site (fka Boynton Village and The Preserve) on the west
side of North Federal Highway and south of Gateway Boulevard. The record plat preparer has stated that all minor changes
necessary to this instrument are in compliance with those comments noted in the last review letter.
PROGRAM IMPACT: Certificate of Occupancy's on proposed and existing townhomes in this proposed development will
continue to be delayed until the proposed record plat (and associated documents) have received technical compliance
pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed
record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction will
continue to be hindered until the issuance of the LDP.
FISCAL IMP ACT: None
AL TERN A TIVES: Not to approve the record plat, however that would hinder construction on the proposed development.
. Jr/cC (t( It: ,)~=-- ~I\ r~ [_
'J/tAf'o 7 Departm,nttd" rgna~
~01
City Manager's Signature
Assistant to City Manager {;M/'
Public Works / Engineering Division
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
BOYNTON BEACH BLVD t i
LOCATION MAP
NOT TO SCALE
[N
~
THIS
PLAT
VIII.-PUBlIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
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 M eetin g Dates in to City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon,) 0 June] 9,2007 June 4. 2007 (Noon)
0 May 1, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon)
0 May 15, 2007 April 30,2007 (Noon) ~ July 17, 2007 July 2. 2007 (Noon)
0 June 5, 2007 May] 4, 2007 (Noon) 0 August 7, 2007 July 16.2007 (Noon)
0 Announcements/Presentati ons 0 City Manager's Report
0 0 '='~
NATURE OF Administrative New Business -'_..i
AGENDA ITEM 0 0 (_
Consent Agenda Legal c:
....
0 Code Compliance & Legal Settlements 0 Un[mished Business I
C..['l
~ Public Hearing 0
~
-
~>--J
,--.
_', -'r
~.'
RECOMMENDATION: Please place this request on the July 17,2007 City Commission Agenda under~ublic::
Hearing indicating postponement to the August 21 st meeting. The applicant has requested further postponement irLSonn~crion
with his recovery from throat surgery. The Community Redevelopment Agency Board recommended on May 8,2:.007, that:
the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-03 L'
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Harbor Cay (SPTE 07-006)
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
Harbor Cay, LLC
East side Federal Highway, approximately 160 feet north of Gateway Boulevard
Request for a one (1) year site plan time extension for Harbor Cay (NV/SP 06-011)
approved on May 2, 2006, from May 2, 2007 to May 2, 2008.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
4~"u"
Assistant to City Manager
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC
Page] of 1
Pyle, Judith
From:
Coale, Sherie
Sent: Thursday, July 05, 2007 9:00 AM
To: Breese, Ed; Rumpf, Michael; Tucker, Patricia: Pyle Judith: Prainito, Janet
Subject: FW: Harbor Cay
Importance: High
This email request came to me on Tuesday. I do not yet see an original
----------,----,._-_._._-,------------~--,._-~-~--~._-...----.--
From: Sid E, van Rospeunt [mailto:von.rospeunt@groupotango.comJ
Sent: Tuesday, July 03, 2007 11:20 AM
To: Coale, Sherie
Cc: Sid von Rospeunt
Subject: Harbor Cay
Dear Mrs. Coale:
We had originally planned to have the second reading of the Development Order extension for
Harbor Cay, LLC on Tuesday July 17,2007. Unfortunately, as you knew I had a difficult throat surgery
20 days ago and my recovery is very slow. I still have enormous problems speaking and \vhen, than it
sounds like "Mickey Mouse"
I need to have therapy for approximately a month to regain my full voice and without that I am
unable to present the case to the City Commission,
I therefore. kindly request to put us on the 2nd City Council Meeting in August 2007 and I am certain
I \vill be able to present our case and face off the nasty neighborhoods comments.
Sincerely
Sid F. \on Rospcunt
('[0
C,ROUPO TANGO S.A.
7/5/2007
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-031
Chair and Members
Community Redevelopment Agency Board
Michael RumPf~
Director of Planning and Zoning
Kathleen Zeitler b-
Planner
May 1, 2007
Harbor Cay (SPTE 07-006)
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:
PROJECT DESCRIPTION
Harbor Cay, LLC
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
East side of North Federal Highway, approximately 160 feet north of Gateway
Boulevard (see Location Map - Exhibit "A'')
Special High Density Residential (SHDR)
Infill Planned Unit Development (IPUD)
No change proposed
No change proposed
Townhouses
1.429 acre
To the north is developed multi-family residential property (Inlet Harbor Club),
classified Recreational (R) and High Density Residential (HDR) land use and zoned
Recreation (REe) and Multi-family Residential (R-3);
To the south is developed commercial property (Gateway Shell), classified Local Retail
Commercial (LRe) land use and zoned Community Commercial (C-3); to the southeast
is developed single-family residential, classified Low Density Residential (LDR) and
zoned Single-family Residential (R-l-AA);
To the east is developed single-family residential, classified Low Density Residential
Page 2
Harbor Cay
SPTE 07-006
(LDR) and zoned Single-family Residential (R-l-AA); and
West:
Right-of-way for Federal Highway, then farther west is right-of-way for the Florida
East Coast (FEC) railroad.
BACKGROUND
Mr. Sid E. von Rospeunt, managing member of Harbor Cay, LLC is requesting a one (i)-year site plan time
extension for the Harbor Cay New Site Plan Development Order (NWSP 06-011), which was approved by the
City Commission on May 2, 2006. The site plan approval is valid for one (1) year from the date of approval.
If this requestfor a one (i)-year time extension were approved, the expiration date of this site plan, including
concurrency certification, would be extended to May 2, 2008.
The subject property consists of 1.429 acre zoned Infill Planned Unit Development (IPUD), located within
Planning Area I of the Federal Highway Corridor Community Redevelopment Plan. According to the staff
report for the approved site plan (NWSP 06-011), the proposed Harbor Cay is a redevelopment project
approved for a total of 23 fee-simple town homes, recreation amenities, and related site improvements.
The 23 dwelling units (at a density of 16.09 dwelling units per acre) are proposed as two (2)-bedroom units,
each with a bonus room that could be used as a third bedroom. The 23 units are planned within six (6)
separate buildings on the 1.429-acre site. Each three (3)-story building would contain four (4) dwelling units,
with the exception of one building that proposes three (3) units. The approved site plan (see Exhibit "8'')
proposes three (3) model types, ranging from 2,534 square feet to 2,599 square feet of total air-conditioned
area. According to the staff report, the proposed townhouse buildings would have hints of Spanish-
Mediterranean accents in the contemporary / modern design. Building accents would include cupolas,
Spanish S-tile roofs, decorative banding, stone veneer, awnings, and decorative garage doors.
ANAL YSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department", Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. City
regulations authorize the 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 12, 2007, approximately seven (7) weeks prior to the expiration date of the site plan.
According to the justification submitted for the requested time extension (see Exhibit "C"), the applicant
details the "good faith" efforts in moving forward with the project, explaining that the project has been
delayed due to the following: (1) required reconfiguration of underground utilities and subsequent civil
engineering plan revisions which required re-submittal for further review and approval; (2) delay in platting
due to required civil plan revisions; and (3) construction plan revisions necessary to address conditions of site
plan approval.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. On March 29, 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 2009.
Page 3
Harbor Cay
S PTE o-r -006
The site plan time extension is still subject to the original 85 conditions of the new site plan approval. No
new land development regulations are now in place against which the project should be reviewed and
modified. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as the
new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005.
Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site plan
approval.
Lastly, the applicant has failed to pay the Capacity Reservation Fee as required in original Condition of
Approval #19, which was due within seven (7) days of the original site plan approval. As such, staff
recommends that the applicant pay the fee amount prior to final action by the City Commission on this
extension request.
SUMMARY / RECOMMENDATION
Staff recommends approval of this request for a one (i)-year time extension of the Harbor Cay site plan (NWSP
06-011). If this requestfor extension were approved, the expiration of this site plan would be extended to May
2, 2008. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which
serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor
Redevelopment Plan. The proposed Harbor Cay project will provide an opportunity for redevelopment in a
highly visible corridor in the City, increase the value of adjacent and nearby properties, and contribute to the
overall economic development of the City. If this request for site plan time extension is approved, all
outstanding conditions of approval from the new site plan approval must still be satisfactorily addressed during
the building permit process. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval (see Exhibit "D").
S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 07-006\Staff Report.doc
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LOCATION MAP
Harbor Cay
Exhibit "A"
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HARBOR CAY TO""NHOUSES
600 LAKESIDE HARBOUR
Boynton _ell, Florida
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PLtlNNING "NO
ZONING DcP,
March 9, 2007
Board of Commissioners
The City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Re: Development Order Extension
Gentlemen:
Please accept oUI request for an extension of twelve months for Boynton Beach Resolution 06-097, a
Development Order for Harbor Cay Town Homes; an IPUD located within a few hundred feet North of
Gateway Boulevard on Federal Highway going towards the Intracoastal Waterway.
Due to various delays in obtaining approval for the undergrormd uUlities, only recently resubmitted
after substantial prior oonsultation along with the expectation of further comments requiring additional
reoorrfiguration and another round of resubmission, and the sequential nature of the process whereby
the plat cannot be delineated until the civil engineering is approvecL and in light of the e.xtensive
Conditions of Approval that must be addressed; it is not likely that a oonstruction permit will be secured
before the Development Order expires on May 2nd of 2007.
Thank you, in advance, for your time and consideration. We trust that the Board of Commissioners
shall look upon our petition with kindness and generousity.
~.
Sid Rvon Ro unt
Chief Executive Officer
AmerCan Development Corp.
The M;m~ging Member for Harbor Cay, ILC
Harbor Cay, LLe 605 Lakeside Harbor Drive, Boynton Beach, Florida 33435, Tel: 561-734-3000 Fax: 561-724-3005
www.harborca..y.com
EXHIBIT "D"
Conditions of Approval
Project name: Harbor Cay
File number: SPTE 07 -006
Reference:
I DEPARTMENTS I nUUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X I
ENGINEERING DIVISION
Comments: None I X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
Conditions of Approval
Harbor Cay
SPTE 07-006
Paze 2
-
I DEP ARTMENTS I INCLUDE I REJECT I
1. Tbe site plan time extension shall be subject to all previous Conditions of X ,
Approval.
') The Applicant shall pay tbe Capacity Reservation Fee amount due to the City X
prior to final action by the City Commission on this Site Plan Extension I
request.
ADDITIONAL COMMUNITY REDEVELOPMENT I
AGENCY BOARD CONDITIONS
Comments:
None X
I ADDITIONAL CITY COMMISSION CONDITIONS I I
I
Comments: I
I I
To be determined. I I II
S :\PlanningISHARED\\VP\PROJECTS\Harbor Cay\SPTEICO A. doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Harbor Cay
APPLICANT'S AGENT:
Mr. Sid E. von Rospeunt, Harbor Cay, llC
APPLICANT'S ADDRESS:
605 lakeside Harbor Drive, Boynton Beach, Fl 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 5, 2007 postponed and
heard on July 17, 2007
TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from May 2, 2007 until
May 2, 2008, for 23 proposed townhouses on a 1.429-acre parcel in
the IPUD zoning district.
lOCATION OF PROPERTY: East side of North Federal Highway, approximately 160 feet north of
Gateway Boulevard.
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 t'-JOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 07 -006\DO.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VIII.-PUBLIC HEARING
ITEM B. .
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
0 May 15,2007 April 30,2007 (Noon) 0 .July 17, 2007
0 .June 5, 2007 May 14, 2007 (Noon) ~ 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)
C..:'
'--;--!
July 16, 2007 (Noon) .
c
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
o Codc Compliance & Legal Settlements
~ Public Hearing
o
o
~
o
o
City Manager's Report
New Business
Legal
Unfinished Business
RECOMMENDATION: Please place this request on the August 7,2007 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board on July 10, 2007,
recommended that the request be approved. For further details pertaining to this request, see attached Department
Memorandum No. 07-064.
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Alley between NE 7th Avenue I NE 8th Avenue (ABAN 07-003)
City-initiated
Alley between NE ih Avenue and NE 8th Avenue, east of Federal Highway
th th
Request for abandonment of an alley between NE 7 A venue and NE 8 A venue, along
the boundary of the Lake Addition and Boynton Place Subdivisions.
PROGRAM IMPACT: N/A
FISCAL IMP ACT: NI A
ALTERNATIVES: I
~
Develop
City Manager's Signature
Assistant to City Manager 0w'C./
(/{j C I ~
Planning and Z~ Director City Attorney I Finance
S:\Planning\SHARED\WP\PRO.JECTS\NE 7th Ave & NE 8th Ave ABAN\Agenda Item Request NE 7th Ave, NE 8th Ave 8-7-07.doc
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF AN EXISTING ALLEY LOCATED EAST OF
FEDERAL HIGH'VAY BETWEEN NORTHEAST 7TH
AVENUE AND NORTHEAST 8TH AVENUE, SUBJECT
TO STAFF COMMENTS; AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAIMER, 'WHICH
SHALL BE RECORDED WITH THIS ORDI~ANCE IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, staff is requesting that the City abandon an alley between Northeast th
Avenue and Northeast 8th Avenue, along the boundary of the Lake Addition and Boynton Place
Subdivisions, subject to staff comments; and
I
I
I,
WHEREAS, comments have been solicited from the appropriate City Departments, andl
public hearings have been held before the City's Community Redevelopment Agency. and thel
City Commission on the proposed abandonment; and I
\VHEREAS, staff finds that the alley no longer serves a public purpose. and the (
Commission adopts that finding.
II
II
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFI
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated!
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby!
abandon an alley between Northeast th A venue and Northeast 8th A venue. East of Federall
Highway, along the boundary of the Lake Addition and Boynton Place Subdivisions, subject tOI
staff comments. The propeliy being abandoned is more particularly described as follmvs: !
That 7.5 foot strip of land as shown on the north side of Lots I and 3
through 22, in Block 1. according to the Plat of Boynton Place, as recorded
in Plat Book 11, Page 40, Public Records of Palm Beach County, Florida
And
That 6.3 foot strip of land as shown on the south side of Lots 3 through 22,
in Block 5, according to the Plat of Lake Addition to Boynton Florida, as
recorded in Plat Book 11, Page 71, Public Records of Palm Beach County,
s:\C \ rdlnances\Abandonments\NE 7tr, and 8th Ave Aliey.do:
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Florida.
Subject to said property being designated as a utility easement for those
franchised utility services operating within this strip of land.
NOTE: The property abandonment shall be divided according to the
common plat line that created each "half' of the property.
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this _ day of
,2007.
SECOND, FINAL READING AND PASSAGE THIS _day of
2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
s:\C \ rdlnanceslAbandonments\NE 7th and 8th Ave Alley.doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon an alley between Northeast th A venue and
Northeast 8th Avenue, East of Federal Highway, along the boundary of the Lake Addition and
Boynton Place Subdivisions, subject to staff comments. The property being abandoned is
more particularly described as follows:
That 7.5 foot strip of land as shown on the north side of Lots I and 3
through 22, in Block I, according to the Plat of Boynton Place, as
recorded in Plat Book 11, Page 40, Public Records of Palm Beach
County, Florida
And
That 6.3 foot strip of land as shown on the south side of Lots 3 through
22, in Block 5, according to the Plat of Lake Addition to Boynton
Florida, as recorded in Plat Book 11, Page 71, Public Records of Palm
Beach County, Florida.
Subject to said property being designated as a utility easement for those
franchised utility services operating within this strip of land.
NOTE: The property abandonment shall be divided according to the
common plat line that created each "half' of the property.
IN WITNESS 'VHEREOF~ the duly authorized officers of the City of Boynton Beach.
Florida, have hereunto set their hands and affixed the seal of the City this ___ day of
,2007.
ATTEST:
CITY OF BOYNTON BEACH, FLORID.L\
Janet M. Prainito, CMC
City Clerk
Kurt Bressner, City Manager
S:\CA\OrOlnances\Abandonments\NE 7tn and 8tn Ave Alley.doc
ST A TE OF FLORIDA
)
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof to be their free hand and
deed as such officers, for the uses and purposes mentioned therein; that they affixed
thereto the official seal of said corporation; and that said instrument is the act and deed of
said corporation.
WITNESS my hand and official seal in the said State and County this
,2007.
day of
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:\CA\OrdlnanceslAbandonments\NE 7th and 8th Ave Alley.doc
TO:
THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-064
Chair and Members
Community Redevelo~~t Agency Board
Michael W. RumpflpV
Planning and Zo~in~~ector
Kathleen Zeitle;~,(
Planner
July 3, 2007
City-Initiated Abandonment of Alley between NE 7th Avenue and NE 8th Avenue, East of
Federal Highway (ABAN 07-003)
NATURE OF REOUEST
Mr. H. David Kelley, Jr., Assistant Director of Public Works and City Engineer, as agent for the property
owner (City of Boynton Beach), is requesting an abandonment of an existing alley located east of Federal
Highway between NE 7th Avenue and NE 8th Avenue.
The subject property is described as an unimproved alley located north of lots fronting on NE 7th Avenue
rnolocl.r 1 Br"'nton Place' and south of lots f~on~l'nr on f"t:- 8th t",~~..~ 1Blo,.,l, t:" I ~l,~ ^...:...::.;.:~~\ ...,...L.._ _..L..'__'-
\" r, J., vy ) I I L ~ I '/ MVCI IUC \. I L.'" J, L.Cl"'C /"\UUILIUII). I lit:: ::'UUJt::l.L
alley extends eastward from a 20-foot wide alley parallel with Federal Highway, to NE 7th Street (see
Location Map - Exhibit "A"). This alley is represented by a 7.S-foot wide strip of land at the boundary of the
plat of Boynton Place, and a 5.3-foot wide strip of land at the boundary of the plat of Lake Addition.
Together the 13.S-foot wide strip was intended to be an alley right-of-way but was never improved or used
as an alley. Utilities exist upon the subject property which, in conjunction with the abandonment, would
become a dedicated utility easement.
The following is a description of the zoning districts and land uses of the properties that surround the
subject property to be abandoned:
North -
South -
East
West -
Lots 2 - 18 of Block 5, Lake Addition consisting of a single-family residential subdivision
designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A) and
Lots 19 - 22 of Block 5, Lake Addition consisting of multi-family residential (Seven J's Motel)
designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A);
Lots 1 - 22 of Block 1, Boynton Place consisting of a single-family residential subdivision
designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A);
Right-of-way for NE 7th Street, and farther east, Lots 15 - 15 of Block 7, Lake Addition
abutting the Intracoastal Waterway consisting of a single-family residential subdivision
designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A); and
Right-of-way for a 20-foot alley, and farther west, Lot 23 of Block 5, Lake Addition and Lot
23 of Block 1, Boynton Place, both lots fronting on Federal Highway and designated as
General Commercial (GC) and zoned General Commercial (C-4).
Page 2
Memorandum No. PZ 07-064
ABAN 07-003
BACKGROUND
In March and April of 1925 respectively, the plats of Boynton Place and Lake Addition were approved.
These plats included several alleys dedicated to the perpetual use of the public, reserving unto the
developers or successors the right of reversion whenever abandoned by the public or discontinued by law.
The subject property is indicated on the plats as an open publiC area, separate from the adjacent lots.
Although the subject property was never used or improved as an alley as intended by the recorded plats,
the property was dedicated to the public as a right-of-way and is under the control and jurisdiction of the
City Commission.
The city-initiated application states the following grounds and reasons for the requested abandonment:
(1) City staff is unable to identify any public purpose for maintaining this property as an alley right-of-way;
(2) continued City ownership suggests continued future responsibility and associated liability; and, (3) staff
believes this area will best serve adjacent residents through private ownership. The City should designate
the property as a utility easement and continue to provide utility services to the rear of these lots. If
abandoned, the two (2) strips of land will be reverted to each adjacent property owner as land to be added
to their lot. A utility easement equivalent in width to the existing alley is proposed on the subject property.
ANALYSIS
Pursuant to Chapter 22, Article IV, Section 4, public notice was given, all utility companies have been
notified and the request has been advertised in the newspaper. A summary of the responses from the
utility companies and city staff is as follows (see Exhibit "B"):
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works/Utilities
Planning and Zoning
No objection
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Objection - (According to Engineering, the dedication
of an easement would remove their objection).
No objection with easement
No objection
No response (2 notifications)
Bell South
Florida Public Utilities Company
Cable Company (Comcast)
RECOMMENDATION
Staff recommends that the request to abandon the alley as described above be approved based on the
finding that the alley provides no public purpose, and all existing utilities within the subject property would
remain within a dedicated utility easement. Any conditions required by the Community Redevelopment
Agency Board and the Commission will be placed in Exhibit "C" - Conditions of Approval.
S:IPlanningISHAREOIWPIPROJECTSINE 7" Ave and NE S" Ave ABANlStaff Report.doc
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LA'"DII D
Florida Power & Light Company. 21400 Powerline Road. Boca Raton. Fl33433
r:' ECEIVED
~
.'P.:
# t'\P\:'-t l 0 2!~q
ENGINEERING
May 8, 2007
City of Boynton Beach
Attn: Mr. Kelly, Jr., PEIPSM
City Engineer
P.O. Box 310
-Boynton Beach, Florida 33425...0310
Re: Proposed "Alley" Abandonment between NE 7th and NE 8th Avenues
Located East of Federal Highway to NE 7th Street
Dear Mr. Kelly:
The area you are requesting for abandoning as stated in your letter dated May 7, 2007 has
been reviewed as requested.
Please be advised that FPL does object to the above abandonment. FPL has existing
overhead facilities that run the length of the Alley from Federal Highway to NE 7th
Street. These existing overhead facilities provide service to those customers that back up
to the Alley
If you have any questions, please don't hesitate to call me at (561) 479-4511.
Sincerely,
C::::::::tL 'V Ii; J-
0-- \C...u- J~
John R. Van Vleet
Senior System Project Manager
an FPl Group company
~
t=At1/ts/l b
@ BELLSOUTH
BellSouth Telecommunications, Inc.
Engineering Department
2021 So. Military Trail
West Palm Beach, FL 33415
Office: 561-439-9118
Fax: 561-964-3499
April 2, 2007
1
Mr. H. David Kelley, Jr.
City Engineer .
Public Works Department
P.O. Box 310
Boynton Beach, Florida 33425-0310
"
"j;'
s;
I APR' 2 2007
Ii
Re: Proposed Alley Abandonment between NE Seventh & Eighth Avenues, East
of Federal Highway, Boynton Beach, Florida
Dear Mr. Kelley:
BellSouth Telecommunications, Inc. has reviewed the above-referenced abandonment
request and has existing aerial cable and poles along the alley. BellSouth will require an
easement to maintain the existing cables.
Please contact my office if you require additional information concerning this matter.
Sincerely, )
Q2~* t~
Robert Lowen
Project Manager
Cc: Steve Buck
Attachment
.
FLORIDA PUBLIC
UTiliTIES
EXHIBIT"B"
RECEiVED
,
I
\
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~. i-' 11\1 1 f.. ~(ItJ-7
~',: l-.in..\ i ~ i.\ L:J'
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Lit ENGINEERING
1
FPUC Ref.: #002
May 9, 2007
H David Kelley
City of Boynton Beach
Public Works Department
PO Box 310
Boynton Beach, FL 33425
RE: Petition to 'abandon/vacate an alley between NE 7th & 8th Ave located east of
Federal Hwy, Boynton Beach, FL
Dear H David Kelley:
Please be advised that Florida Public Utilities Company has no objection to the
abandonment of the existing or easements or right-of-ways as described in your letter.
At the present time, we have no underground gas distribution facilities located within
the limits of the proposed abandonment. If you have any additional questions or concerns
please feel free to call me at 561-838-1771.
Sincerely,
?H~
Patty McLeod
Engineering Technician
PO BOX 3395 A West Palm Beach, Florida 33402-3395 A Phone: 561.832.0872 A Web; www.fpuc.com
EXHIBIT 'fe"~
Conditions of Approval
Project name: NE th Ave and NE 8th Ave
File number: ABAN 07-003
Reference:
I DEPARTMENTS I INCLUDE I REJECT I'
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic ;
i
I
Comments: None X
FIRE
I Comments: None i X . II
I POLICE I
Comments: None
X
ENGINEERING DIVISION
Comments:
1. Abandonment is contingent upon retaining the full width as a utility easement. X
BUILDING DIVISION
Comments: None
X
I
J
I'
II
=11
l'
PARKS AND RECREATION
Comments: None
X
FORESTER/ENVIRONMENT ALIST
Comments: None
x
Conditions of Approval
NE 7th Ave and NE 8th Ave ABAN
DEPARTMENTS INCLUDE ~I
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
l. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1 . 'T'~ be determined.
S:\Planning\SHARED\WP\PROJECTS\NE 7th Ave and NE 8th Ave ABAN\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: City-Initiated Alley Abandonment between NE ih Ave and NE 8th Ave
APPLICANT'S AGENT: Mr. H. David Kelley, Jr., Assistant Director of Public Works
APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 7,2007
TYPE OF RELIEF SOUGHT: Request to abandon an unimproved alley right-of-way and dedicate as
a utility easement
LOCATION OF PROPERTY: Between NE ih Avenue and NE 8th Avenue, east of Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other:
DATED:
City Clerk
S:IPlanningISHARED\WPIPROJECTSINE 7'h Ave and NE 8th Ave ABANIDO.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 10, 2007
Ms. Bright: I need clarification before we step away. It's my understanding there was
.an individual named Paula Melley. Did Sister Lorraine leave, she was here, she's an
interested party and then the group led by Harvey Oyer, uh through the Public Arts
Administrator, so those are the only three entities that I am aware of. Are you aware,
and, of course, the Boynton Charter School.
Vice Chair Rodriguez: I would, I would ask that you go back to the minutes that
reflect the folks that stood up and requested you know, that said they want, had
interest. And those are the ones that we should solicit.
Ms. Bright: No that was one large group, that's what I'm saying sir.
Vice Chair Rodriguez: Right. Whoever they were Miss Bright, those are the ones we
should solicit.
Ms. Bright: Okay.
Chair Taylor: Thank you. Okay this takes us to public hearings. I'll turn this over to
the City Attorney to swear people in.
Attorney Cherof: Anybody who intends to testify, actually Mayor, there is no quasi-
judicial on this list. It's just a public hearing so no, uh, sworn testimony is required.
Chair Taylor: Okay. Okay then that's, uh, City initiated abandonment of alley
between NE 7th Avenue and NE 8th Avenue. City initiated.
Mr. Livergood: Yes good evening. For the record, Jeff Livergood, Director of Public
Works. I will present staffs uh, you will provide staffs presentation although I doubt
that I can do quite as good a job as perhaps Mr. Rumpf would do from a Planning
Department perspective, so you get the Engineering Department version. Uh, this is a
request that's been initiated by the Public Works and Engineering staff. To give you a
little bit of background, several months ago, um, approximately six months ago, the
City received a number or several requests for construction of fences in people rear
yards along this alley. Uh, of course we cannot issue permits to build a fence in a
public right-of-way because this alley that is between 7th and 8th Avenue east of
Federal Highway, um because its a public alley, its public right-of-way and therefore
we're unable to issue fence permits. In reviewing the alley, staff found that the alley is
very much inaccessible. We're unable to get into it as a, as a public right-of-way. To
the east end at 7th Street are mangroves, uh City owned property. To the west end is
another dedicated alley that runs north/south and parallels Federal Highway that's also
fairly difficult if you wanted to put a truck down them. It's staffs recommendation that
this alley be abandoned. Allow this alley to return to the property owners, uh, to allow
them to use it so that they can place fences on this property and also because it will
61
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 10, 2007
eliminate any responsibility or liability that the City may have in maintenance of this
public alley. This alley was platted in 1925, uh, nearly 82 years ago. This was in an era
when subdivisions were designed with the belief that there may need to be rear yard
access. Whether there would be homes that would provide garages in their rear yards,
um or for whatever reason in more of an urban setting you tend to see alleys. In
today's society there is no longer a need for a public need for an alley, particularly for
vehicular access. There are a number of utilities that remain in this alley. That there
remains a public need to provide utilities, those utilities can remain in an easement. To
that end, staff queried all of the utility companies to determine if easements are still
required and that is the case, easements would still required. Uh, therefore, it's staffs
recommendation, um, that the CRA approve the abandonment of this alley and forward
a positive recommendation to the City Commission, uh, for similar action.
Chair Taylor: Thank you.
Mr. Livergood: If you have any questions I'd be glad to answer them.
Board Member McCray: I, I have some. Explain to me, Florida Power and Light
objection according to Engineering the dedication of an easement would remove their
objection. Explain that to me a little further.
Mr. Livergood: Um, Florida, pardon me, Commissioner where are you looking?
Board Member McCray: I'm reading by Florida Power and Light on page two.
Mr. Livergood: Okay.
Board Member McCray: This came from Planning and Zoning Division. Public utility
companies Florida Power and Light objection according to Engineering.
Mr. Livergood: Yes.
Board Member McCray: The dedication.
Mr. Livergood: Our staff, in contact with Florida Power and Light, um, they have
advised us they have no objection to the abandonment of the alley, assuming that we
maintain a utility easement that provides them the same access to their infrastructure.
Board Member McCray: Are we providing that sir?
Mr. Livergood: Yes sir we are.
Board Member McCray: Thank you.
62
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 10, 2007
Chair Taylor: Is there anybody in the public that wishes to address this issue?
Anybody in the public? Yes sir.
Richard Frazier: Uh, my name is Richard Frazier, I live at 705 NE 7th Avenue. Um, I
would just like to state that pretty much I believe that 7th and 8th was given the
opportunity to come up here and speak today as far as for these easements. Now to
my knowledge, there's one individual if you're looking to actually take over easement
within our community. I've been there for well over nine years. Now I've occupied that
easement ever since I've moved in. Got consent from the City, put my fence up the
back of his fence so to speak and from this particular point this is where this comes out.
Now it's not to my understanding to why we're going to take the people in my
community, on both sides of our street which have fences all the way up through, so
don't think there's nothing there. There is things there. There are fences all the way
up through there. I can't say that I can afford to go in there and start moving my
backyard, per say, nor can my neighbor that doesn't even live there. He's got a rental
property now. He rents his home. He doesn't even live here in the State. He lives in
Georgia. The point of it is, I don't see anybody else here within my neighborhood,
other than the fact of the gentleman which was just tried to get a permit through the
City, stating that there's no property behind his property. The City gave him approval
for it, and that's why we're here today. Now I don't feel it's of a necessity at this
particular point. That's all I have to say.
Chair Taylor: Okay. Sir.
Mr. Bardales: Evening. My name is, uh, Deris Bardales. I live on 712 NE 8th Avenue
and uh, where I do live, uh, on the other side of, uh, actually on Lake Boynton Addition
and I do agree with, uh, you know with the City on the abandonment of the alley and I
believe that, uh, it's necessary, uh, an easement for the FPL power lines, uh, would be
adequate and, uh, I just want, uh, to make a stand here because our neighbor just
mentioned that nobody else here, is here present at this meeting. Thank you.
Chair Taylor: Thank you. Did you want to comment, lady who raised her hand, did
you want to talk?
Board Member McCray: They said they're here.
Chair Taylor: Oh. Okay it's my understanding the alley is the City's property correct?
Mr. Livergood: That's correct.
Chair Taylor: So if we abandon the alley in uh what happens is, then half of it goes to
one property owner and the other half goes to the other property owner. Now if you
63
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 10, 2007
have uh, for some reason it was there all the time, if you extended your fence and just
took on the whole piece, you have enjoyed that for some time, but if we abandon that
it's divided evenly between the two properties.
Mr. Livergood: Approximately in this case 7.5 feet to one side 6.3 to the other, but
it's approximately down the middle.
Chair Taylor: Okay, okay, I'll return to Commission for questions or a motion.
Board Member McCray: Motion to approve.
Chair Taylor: Is there a second.
Board Member McKoy: Second.
Chair Taylor: We've a motion and a second. Any other discussion? All in favor?
Chair Taylor, Vice Mayor Rodriguez, Board Members, McCray, McKoy,
Weiland: Aye.
Chair Taylor: Ail opposed. Show the motion as unanimous. Takes us to, uh, takes us
to Item A under Old Business Status of MLK Corridor, RFP Negotiations with Intown
Partners. Is there remember this was uhf um, the last Commission meeting, the
Commissioners, uh decided that this was at deadlock and returned it to the eRA., that
the the motions were deadlocked, negotiations returned to CRA for further action. Yes,
good evening.
Ms. Simons: Um, chairman and board members um, my name is Samantha Simons.
I'm principal of Intown Partners. As you know we've been trying to negotiate a
developer agreement to engage in a public/private partnership, uh, with the CRA and
the City of Boynton Beach. Our co-development partner, McCormack Baron, um, which
unfortunately Richard Baron could not be here tonight, he's had a family medical
emergency. His sister's just been diagnosed with cancer, so, uh, we, we send our best
to Richard and, and he could not be here. Um, but we just want to restate the position
of where we're at, and, uh, as you know, we've, we've given a presentation to
McCormack Baron, who's our co-development partner. They've developed over $1.6
billion of real estate in 26 cities in the nation and have recently been chosen to be the
lead developer to redevelop New Orleans. McCormack Baron has raised over $581
million in investor equity. They've raised 410 million in first mortgage debt, 310 million
in grants, 221 million in state and local government support and over $67 million in, in
foundations and corporate community grants. They are one of the few developers
nationwide that were awarded last year 460 million in New Market Tax Credits. In
2004, which I believe we gave you a presentation of this, Richard Baron was one of the
64
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM A
AGENDA ITEM REQUEST FORl\
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin(! Dates in to Citv Clerk's Office Meetin(! 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)
0 0 -
May 15.2007 April 30, 2007 (Noon) July 17,2007 July 2, 2007 (Noon)
0 June 5. 2007 May 14,2007 (Noon) ~ August 7, 2007 July 16,2007 (Noon)
'-
0 Anno uncements/Presentati ons ~ 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
RECOMMENDA nON: Authorization to pursue the formation of a 50 1 c3 not-for-profit corporation called the Boynton
Beach Community Foundation and to develop the slate of Board of Directors for initial appointment by the City Commission.
EXPLANATION: The principal purpose of this foundation is planning, encouraging, supporting, and promoting of
community improvement and growth through the solicitation and administration of funding for projects which assist
educational, recreational and cultural ventures, for the benefit of the residents of the City of Boynton Beach and the
surrounding areas.
As a government agency, the City of Boynton Beach is not eligible to apply for grant funding from many private and
corporate foundations, leaving millions in untapped resources. Establishing a 501 c3 not-for-profit allows a public
agency to apply for certain grants specifically for non-profits through their own non-profit.
. It is an effective way to build community support and involvement for special city projects.
. It allows for focus on a single important project or program that already has, or could have broad-based community
support.
. It provides funding for low income participation in programs, rather than using tax-payer funding.
It builds support not just for fundraising but also for other public agency initiatives such as ballot measures.
The 501 c3 not-for-profit status provides a reliable and trustworthy vehicle for individual donors. Often there is a
perception that charitable contributions may "get lost" in the General Fund, can be redirected towards another
project or are not tax deductible. The Boynton Beach Community Foundation may on occasion, work with a
professional fundraiser. In this case, the role of the Foundation is to accept and manage funds that the fundraiser
receives on behalf of the community, in support of a particular city project.
This 50 1 c3 not-for-profit corporation is intended to be an entity which is separate, independent and autonomous from the City
of Boynton Beach and is not intended to exist or be construed as an agency or arm of the City of Boynton Beach. The
Steering Committee, which consists of the City's Grants Coordinator, Parks Superintendent, and three members of the
Recreation & Parks Board, will provide the list of candidates to the City Commission for the five (5) initial appointments by
the City Commission of the City of Boynton Beach, which shall consist of two (2) appointments for initial three (3) year term,
two (2) appointments for an initial two (2) year term, and one (1) appointment for an initial one (1) year term. Each Director
shall serve his term of office and until his successor has been duly elected and qualified. Vacancies other than those caused by
an increase in the number of Directors shall be filled by appointment by the Board of Directors.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: The Boynton Beach Community Foundation would work closely with individual donors,
philanthropic organizations and foundations to serve its purpose. Some key initiatives for the Boynton Beach Community
Foundation are the Congress A venue Community Park and Boundless Playground, Youth Violence Prevention programs and
future funding far downtown cultural projects. An interlocal agreement would be made between the Boynton Beach
Community Foundation and the City of Boynton Beach that would detail project elements, costs, a project timeline and
process for funding each project.
FISCAL IMP ACT: (Include Account Number where funds will come from) Initial start up costs: filing paperwork for
SOlc3 status $17S.00, refreshments for initial meeting $40.00, business cards, letterhead, etc. $SOO.OO. Total P1S.00. Funds
taken from the Grants Team account #001-2 731-S72-34-34.
ALTERNATIVES:
Not form a SOlc3 not-far-profit and have all donations from individuals go into a City Of Boynton Beach Donation
account.
Develop partnerships with established non-profit agencies and ask them to apply for and manage foundation grants
far special city projects and programs.
· Only apply for grants that consider government agencies as eligible applica~ts.
it"~
City Manager's Signature
v
Assistant to City Manager ~
City Manager
Department Name
City Attorney / Finance
S\BliLLETrN\FORMS'v\GENDA ITEM REQUEST FORM.DOC
ARTICLES OF INCORPORATION
OF
BOYNTON BEACH COMMUNITY FOUNDATION, INC.
Pursuant to Section 517.01, et. Seq., Florida Statutes, the undersigned not-for-profit
corporation hereby executes the following Articles of Incorporation.
I ARTICLE - CORPORATE NAME
1.1 The name of this Corporation shall be Boynton Beach Community Foundation,
Inc.
II ARTICLE - PRINCIPAL OFFICE AND MAILING ADDRESS
2.2 The address of the principal office shall be at 100 E. Boynton Beach Boulevard,
Boynton Beach, Florida 33435.
2.2 The mailing address of the corporation shall be at 100 E. Boynton Beach
Boulevard, Boynton Beach, Florida 33435.
III ARTICLE - PURPOSE(S)
3.1 The purposes for which this Corporation is formed, organized and shall
always be operated is for civic and other charitable purposes consistent with 9617 Florida
Statutes, (1995) and for the purpose of receiving and administering funds and operating
exclusively within the meaning and parameters of Section 501 (c )(3) of the Internal Revenue
Code of 1986 or comparable provisions of subsequent legislation, and specifically to promote
economic development and investment in the City of Boynton Beach. This corporation is an
entity which is separate, independent and autonomous from the City of Boynton Beach and is not
intended to exist or be construed as an agency or arm of the City of Boynton Beach. The
principal purpose of this corporation is the planning, encouraging, supporting, and promoting of
community improvement and growth through the solicitation and administration of funding
projects on behalf of the City which assist educational, recreational and cultural ventures, for the
benefit of the residents of the City of Boynton Beach and the surrounding areas.
3.2 In carrying out this principal purpose, this corporation shall engage in the
following activities in furtherance of one or more of the corporation's exempt purposes, which
activities shall collectively constitute the character of affairs of the corporation which the
corporation intends to conduct in the State of Florida:
(1) Planning, fostering, encouraging, supporting and promoting
community improvement in the City of Boynton Beach in an effort to
enhance the quality of life of the residents of the City of Boynton Beach;
(2) Soliciting, receiving or generating funds from any source not inconsistent
with the purposes of this corporation and soliciting, receiving or
generating contributions, grants, gifts or subventions from persons. entities
or any unit or agency of government;
(3) Doing and performing any and all acts as may be necessary and/or
appropriate in order to carry out the stated purposes of the corporation.
3.3 Pecuniary profit, gain or private advantage is not and shall not be the object of
this corporation or its officers and directors. No part of the net earnings of this corporation shall
inure to the benefit of. or be distributable to. its directors, trustees, officers, or other private
persons.
IV ARTICLE - TERM
4.1 Corporate existence shall commence upon filing these Articles of Incorporation
with the Secretary of State and the term of this corporation shall be perpetual.
V ARTICLE-POWERS
5.1 The corporation shall have all of the common law and statutory powers of a
corporation not-for-profit pursuant to the laws of the State of Florida that are not in conflict with
the terms of these Articles, provided, however, that notwithstanding any other provision of these
Articles, the corporation shall not carryon any activities not permitted to be carried on by an
organization exempt from federal income tax pursuant to Section 50 I (c )(3) of the Internal
Revenue Code of 1986, as amended or the corresponding provision of any subsequent United
States Internal Revenue Law or Laws.
5.2 The corporation shall not issue shares of stock and shall not distribute any part of
its income to its directors or officers.
VI ARTICLE - LIMITATIONS
6.1 The corporation shall be operated exclusively for economic development
purposes as a non-profit corporation. No individual or director of the corporation shall have any
title to or interest in the corporate property or earnings in his individual or private capacity and
no part of the net earnings of the corporation shall inure to the benefit of any director. officer, or
individual.
VII ARTICLE - NON-STOCK BASIS
7.1 This Corporation shall have no capital stock.
VIII ARTICLE - MEMBERS
8.1 This Corporation may have members as prescribed in its Bylaws.
IX ARTICLE - DIRECTORS
9.1. Manner of Election of Directors. The directors shall be elected or appointed in
accordance with the procedures stated in the Bylaws.
9.2 Initial Directors. The names and addresses of the initial directors to hold office
until the first mmual meeting of members and/or until their successors shall have been elected
and qualified are as follows:
9.3 Property. The Board of Directors shall administer and distribute the property held
by this Corporation in accordance with the purposes of this Corporation as defined in Article III
herein and the provisions of Article I of the By-Laws.
X ARTICLE - INITIAL REGISTERED AGENT AND STREET ADDRESS
10.1 The name of the initial registered agent of the corporation and the street address
of the initial registered office of the corporation are as follows:
David N. To1ces, Esq., 3099 E. Commercial Blvd., Suite 200, Fort Lauderdale, Fl. 33308
XI ARTICLE - INCORPORATORS
11.1 The names and street addresses of the incorporators for these Articles of
Incorporation are:
11.2 All powers, duties and responsibilities of the incorporator(s) shall cease at the
time of delivery of these Articles ofIncorporation to the Secretary ofthe State of Florida.
XII ARTICLE -DISSOLUTION
12.1 In the event of dissolution, a plan of distribution of assets shall be prepared and
executed consistent with Chapter 617, Florida Statutes (1995), et seq. the residential assets of
corporation shall be turned over to one or more organizations which themselves are exempt from
federal income tax as organizations described in Section 501 (c )(3) of the Internal Revenue Code
of 1986, as amended or the corresponding provisions of any future United States Internal
Revenue Law.
IN WITNESS WHEREOF, the undersigned incorporators have executed these Articles
ofIncorporation this _ day of ,200_,
Incorporator
ST ATE OF FLORIDA
COUNTY OF PALM BEACH
On this, the _ day of , 200_, before me, the undersigned Notary
Public of the State of Florida, the foregoing instrument was acknowledged by
, Incorporator of Boynton Beach Community Foundation, Inc., a
Florida corporation, on behalf of the corporation,
day of
.200 .
WITNESS my hand and official seal this
My Commission Expires:
Notary Public - State of Florida
Personally Known
OR Produced Identification
Type of Identification Produced:
Affix Seal Below:
CERTIFICATE OF DESIGNATION
REGISTERED AGENT/REGISTERED OFFICE
Pursuant to the provisions of Sections 607.0501 or 617.0501, Florida Statutes, the undersigned
corporation, organized under the laws of the State of Florida, submits the following statement in
designating the registered office/registered agent, in the State of Florida.
1. The name of the corporation is: Boynton Beach Community Foundation, Inc.
2. The name and address of the registered agent and office is:
David N. Tolces, Esq., 3099 E. Commercial Blvd., Suite 200, Fort Lauderdale, FL 33308
HA VING BEEN NAMED AS REGISTERED AGENT AND TO ACCEPT SERVICE OF
PROCESS FOR THE ABOVE STATED CORPORATION AT THE PLACE DESIGNATED IN
THIS CERTIFICATE, I HEREBY ACCEPT THE APPOINTMENT AS REGISTERED
AGENT AND AGREE TO ACT IN THIS CAPACITY. I FURTHER AGREE TO COMPLY
WITH THE PROVISIONS OF ALL STATUTES RELATING TO THE PROPER AND
COMPLETE PERFORMANCE OF MY DUTIES AND I AM FAMILIAR WITH AND
ACCEPT THE OBLIGATIONS OF MY POSITION AS REGISTERED AGENT.
David N. Tolces
Date:
STATE OF FLORIDA
COUNTY OF BROW ARD
On this, the _ day of , 200_, before me, the undersigned Notary Public of
the State of Florida, the foregoing instrument was acknowledged by David N. Tolces, Registered
Agent of Boynton Beach Community Foundation, Inc., a Florida corporation, on behalf of the
corporation.
WITNESS my hand and official seal this
day of
,200_.
Notary Public - State of Florida
My Commission Expires:
Personally Known
OR Produced Identification
Type of Identification Produced:
Affix Seal Below:
H:\1990\9001 82.BB\Articles of Incorporation- BB Community Fdtion.doc
BOYNTON BEACH COMMUNITY FOUNDATION, INC.
BYLA WS
ARTICLE I - CORPORATE IDENTITY
1.01 NAME
The name of the corporation is Boynton Beach Community Foundation, Inc.
1.02 CORPORATE EXISTENCE
These are the By-Laws of the Boynton Beach Community Foundation, Inc. (herein "the
Corporation"), a corporation not-for-profit organized under the laws of the State of Florida.
The Articles of Incorporation were filed in the Office of the Secretary of State on
,2007.
1.03 CORPORATE OFFICE
The Corporation shall have its principal place of business in Boynton Beach, Florida, and
shall be located at , Boynton Beach, Florida.
and may have such other places of business as the Board of Directors may designate from
time to time.
1.04 REGISTERED OFFICE
The Corporation shall have and continuously maintain a registered office in the State of
Florida, which may be changed from time to time by the Board of Directors, and shall be
memorialized in its corporate records.
1.05 NON-PROFIT OPERATION
The Corporation shall be operated exclusively for purposes within the meaning of Section
501(c)(3) of the Internal Revenue Code of 1986, as amended or comparable provisions of
subsequent legislation (herein the "Code") and under Chapter 617, Florida Statutes, as
amended (herein "Statute") as a corporation not-for-profit. No director of the Corporation
shall have any title to or interest in the corporate property or earnings in his individual or
private capacity and no part of the net earnings of the Corporation shall inure to the benefit of
any trustee, director, officer or any member or individual.
Page 1 of 15
1.06 PURPOSE
1.06.1 The purpose for which this corporation is formed, organized and shall always be
operated is for the purposes of receiving and administering funds and operating
exclusively within the meaning and parameters of Section 501(c)(3) of the Internal
Revenue Code of 1986 or comparable provisions of subsequent legislation, and
specifically to promote economic development and investment in the City of Boynton
Beach. This corporation is intended to be an entity which is separate, independent
and autonomous from the City of Boynton Beach and is not intended to exist or be
construed as an agency or arm of the City of Boynton Beach. The principal purpose
of this corporation is the planning, encouraging, supporting, and promoting of
community improvement and growth through the solicitation and administration of
funding projects on behalf of the City which assist educational, recreational and
cultural ventures, for the benefit of the residents of the City of Boynton Beach and
the surrounding areas.
1.06.2 In carrying out this principal purpose, this corporation shall engage in the following
activities in furtherance of one or more of the corporation's exempt purposes, which
activities shall collectively constitute the character of affairs of the corporation which
the corporation intends to conduct in the State of Florida:
(1) Planning, fostering, encouraging, supporting and promoting community
improvement in the City of Boynton Beach in an effort to enhance the quality
of life of the residents of the City of Boynton Beach;
(2) Soliciting, receiving or generating funds from any source not inconsistent
with the purposes of this corporation and soliciting, receiving or generating
contributions, grants, gifts or subventions from persons, entities or any unit or
agency of government;
(3) Doing and performing any and all acts as may be necessary and/or
appropriate in order to carry out the stated purposes of the corporation.
1.06.3 Pecuniary profit, gain or private advantage is not and shall not be the object of this
corporation or its officers and directors. No part of the net earnings of this
corporation shall inure to the benefit of, or be distributed to, its directors, officers, or
other private persons.
1.06.4 The corporation shall exercise only those powers granted or permitted to not-for-
profit corporations pursuant to Chapter 617, et. seq., Florida Statutes, consistent with
this corporation's status as an organization exempt from federal income tax under
Section 501(c)(3) of the Internal Revenue Code. This corporation shall be prohibited
Page 2 of 15
from calT)ling on non-exempt activities beyond the permissible limits of 501 (c )(3) of
the Internal Revenue Code.
ARTICLE II - BOARD OF DIRECTORS
2.01 GENERAL POWERS OF THE BOARD
Subject to the limitations of the Articles ofIncorporation, these Bylaws, and the Florida Not-
For-Profit Corporation Act, Chapter 617, Florida Statutes, as amended, all corporate powers
shall be exercised bv or under the authority of the Board of Directors and the management
.' ~
and affairs of the Corporation shall be controlled by the Board of Directors, which is the
governing body of the Corporation. The Board of Directors shall have charge, control and
management of the business, property and affairs of the Corporation and shall have the
power and authority to do and perform all acts and functions permitted for an organization as
described in 501(c)(3) of the Internal Revenue Code which are not inconsistent with these
Bylaws, the Articles oflncorporation or the laws of the State of Florida.
2.02 EMERGENCY POWERS OF THE BOARD
In anticipation of or during any emergency, if a majority of the Board of Directors cannot
readily be assembled because of some catastrophic event, then a majority of the Directors
that can be assembled shall have the power and authority to do and perfonn all acts and
functions, pennitted for an organization described in Section 501(c)(3) of the Code and
Section 617.0303, Florida Statutes, as amended, or subsequent legislation not inconsistent
with these Bylaws, the Articles of Incorporation or the laws of the State of Florida.
2.03 NUMBER OF DIRECTORS
Except as otherwise provided in these Bylaws, the direction and management of the affairs
shall be vested in a Board of Directors, (herein "Board of Directors"), which shall consist of
a minimum of five (5) directors. The appointment of directors shall be determined as
provided in Section 2.05 of this Article II.
2.04 QUALIFICATIONS OF DIRECTORS
Directors must be persons who are eighteen (18) years of age or older. Directors need not be
residents of Florida prior to their election as Directors. In considering individuals for
election to the Board, the Nominating Committee shall seek to nominate those people whom
it considers can best serve the Corporation and the people it serves in Boynton Beach.
Geographic, etlmic, and social diversity of Board membership is encouraged, but no specific
representation of regions or groups shall be required. Directors shall be required to make an
ammal financial contribution and are encouraged to utilize the "fair share" guideline of one
Page 3 of 15
percent (l %) of their annual income unless their personal circumstances do not permit such a
contribution. Pledges of the Board of Directors shall be made at the annual meeting.
2.05 APPOINTMENT AND COMPOSITION OF DIRECTORS
The Initial Directors of the Corporation are named in the Articles ofIncorporation. Members
of the Board of Directors of the Corporation shall be elected or appointed as follows:
2.05.1 The Corporation shall have a Nominating Committee composed of not less than three
(3) people currently serving on the Board whose terms are not expiring at the next
ensuing election, as selected by the Chair of the Board of Directors. The Nominating
Committee shall meet on an as needed basis throughout the year to determine criteria
for Board membership and to identify and receive the resumes of prospective Board
candidates. At least ten (l0) days before the Corporation's Annual Meeting, the
Nominating Committee shall present a slate of candidates for the number of positions
of Director which the Board has fixed for the ensuing year, confirming the fact that
these candidates have expressed their willingness to accept directorship
responsibility. Immediately upon receipt of the report of the Nominating Committee,
the Secretary shall notify each member of the Board of Directors of the names of the
people nominated, and of the right of petition as provided below.
2.05.2 In addition to those candidates proposed by the Nominating Committee, names of
candidates for office of Director may be nominated by petition bearing the genuine
signatures of at least three (3) sitting Directors of the Corporation. Such petition
shall be filed with the Secretary within five (5) days after notice has been given of the
names of those nominated by the Committee. The determination of the Nominating
Committee as to the legality of the petition shall be final.
2.05.3 Ifno petition is filed in accordance with Subsection 2.05.2, the nominations shall be
closed and the nominated slate of candidates shall be declared to be elected by
acclamation at the Annual Meeting. If a legal petition shall present additional
candidates, a ballot at the Annual Meeting shall list all the candidates in alphabetical
order, with instructions to vote for such number of candidates as shall be necessary to
fill all open Directors' positions. No specification shall be made on the ballot to
identify any candidate nominated by the Nominating Committee or any candidate
nominated by petition.
2.05.4 In the event of an election by ballot under Subsection 2.05.3, the Secretary shall serve
as supervisor of the election, and see to it that the election of members of the Board
of Directors is carried out according to the terms and conditions of these Bylaws, that
adequate tellers are available, that all votes of Directors eligible to vote are properly
tallied, and to declare the true results of said election by written report
Page 4 of 15
2.06 TERM OF OFFICE
Except as hereinafter provided, the term of office of a Director shall be three (3) years
commencing on the date of election and ending on the third Annual Meeting following the
date of election. Each Director shall serve his term of office and until his successor shall
have been duly elected and qualified. In order to achieve staggered terms of directors, the
Steering Comminee will provide the list of candidates to the City Commission for the five
(5) initial appointments by the City Commission of the City of Boynton Beach, which shall
consist of two (2) appointments for initial three (3) year terms, two (2) appointment for an
initial two (2) year tenn, and one (1) appointment for an initial one (1) year term.
2.07 ANNUAL MEETING
The annual meeting of the Board of Directors shall be held no later than the end of the first
quarter following the close of the fiscal year, or as close thereto as may be advisable, unless
changed by a unanimous vote of the Board of Directors at any meeting thereof, at such time
and place as the Board of Directors shall from time to time detennine, for the transaction of
such business as may lawfully come before the meeting. It shall be the duty of the Secretary
of the Corporation to give seven (7) calendar days notice of the time, place and date of the
annual meeting to each director.
2.08 REGULAR MEETINGS; NOTICE
The Board of Directors shail meet at least six (6) times each year. Regular meetings of the
Board of Directors shall be held on such dates and at such times and places as the Board of
Directors shall from time to time determine, for the transaction of such business as may
lawfully come before each such meeting. It shall be the duty of the Secretary of the
Corporation to give seven (7) calendar days notice of the time, place and date of each regular
meeting to each Director. Each Director shall agree to attend at least seventy five percent
(75%) of the total number of regular meetings held during each calendar year.
2.09 SPECIAL MEETINGS
Special meetings of the Board of Directors shall be held whenever called by the Secretary of
the Corporation upon the direction of the Chair of the Corporation, or upon the request of a
majority ofthe Board of Directors. Special meetings may be held within or without the State
of Florida.
Page 5 of15
2.10 NOTICE OF SPECIAL MEETINGS
It shall be the duty of the Secretary ofthe Corporation to give notice ofa special meeting at
least seven (7) calendar days, but not more than fourteen (14) calendar days before the
scheduled date ofthe meeting. The notice shall be delivered personally or by first class mail
by or at the direction of the Chairperson ofthe Board, the Secretary or the officer or persons
calling the meeting to each Director. Ifmailed, such notice shall be deemed to be delivered
when deposited in the United States mail addressed to the Director at his address as it
appears on the records of the Corporation, with postage thereon prepaid.
2.11 COMPENSATION
Directors shall receive no compensation for their services on the Board of Directors. This
shall not prevent the Corporation from purchasing insurance as provided in Article IX or
from reimbursing any Director for expenses actually and necessarily incurred in the
performance of his duties as a Director as such expenses are authorized by the Board of
Directors.
2.12 RESIGNATIONS
A Director may resign at any time by delivering written notice to the Board of Directors or its
Chair. A resignation is effective when the notice is delivered unless the notice specifies a
later effective date. The date of resignation can be modified by a majority vote ofthe Board
of Directors. If a resignation is given which is effective at a latter date, then the Board of
Directors may fill the pending vacancy before the effective date, if the Board of Directors
provides that the successor does not take office until the effective date.
2.13 REMOVAL OF DIRECTORS
Any director may be removed either with or without cause by a vote of a majority of the
Board of Directors. Notice of intent to vote on a recommendation to remove a Director must
be provided at least five (5) business days prior to the meeting at which the vote will be
taken.
2.14 FILLING OF VACANCIES
Vacancies other than those caused by an increase in the number of Directors shall be filled by
appointment by the Board of Directors. Vacancies reducing the number of Directors to less
than five (5) shall be filled before the transaction of any other business. Upon the resignation
of a Director tendered to take effect at a future time, the Board of Directors may appoint a
successor to take office when the resignation becomes effective. Any vacancy occurring in
the Board of Directors, including any vacancy resulting from an increase in the number of
Page 6 of 15
Directors, shall be filled by the Board of Directors in order to allow the Director to complete
the current term.
2.15 DIRECTOR CONFLICTS OF INTEREST
2.16.1 No contract or other transaction between a corporation and one or more of its
directors or any other corporation, firm, association, or entity in which one or more of its
directors are directors or officers or are financially interested shall be either void or voidable
because of such relationship or interest, because such director or directors or a committee
thereof which authorizes, approves or ratifies such contract or transaction, or because his or
their votes are counted for such purpose, if:
(a) The fact of such relationship or interest is disclosed or known to the board of
directors or committee which authorizes, approves or ratifies the contract or transaction by a
vote or consent sufficient for the purpose without counting the votes or consents of such
interested directors;
(b) The fact of such relationship or interest is disclosed or knO\\'11 to the members
entitled to vote on such contract or transaction, if any, and they authorize, approve, or ratify it
by vote or written consent; or
(c) The contract or transaction is fair and reasonable as to the corporation at the
time it is authorized by the board, a committee or the members.
2.16.2 Common or interested directors may be counted in determining the presence of a
quorum at a meeting of the board of directors or a committee thereof which authorizes.
approves, or ratifies such contract or transaction.
2.16.3 The failure of a Director to disclose the nature of his interest to the Board of Directors
shall constitute grounds for removal of the Director.
2.16 STANDING RULES
The Board of Directors shall determine parliamentary procedures to be observed during
meetings. Such determination shall be passed by resolution.
ARTICLE III - EXECUTIVE AND OTHER COMMITTEES
3.01 CREATION OF COMMITTEES
The Board of Directors may, by resolution passed by a majority of the whole Board:
Page 7 of 15
(a) Designate an Executive Committee, a Nominating Committee, a Finance
Committee, and one or more other committees, each of which committees must have at least
two (2) members;
(b) Designate one or more Directors as alternate members of any such committee,
who may act in the place and stead of any absent member or members at any meeting of such
committee;
3.02 EXECUTIVE COMMITTEE
The Executive Committee shall consult with and advise the officers of the Corporation in the
management of its affairs and may exercise, to the extent provided by resolution of the Board
of Directors which creates such executive Committee, such powers of the Board of Directors
as lawfully can be delegated by the Board.
3.03 OTHER COMMITTEES
Other committees shall have such functions and may exercise such powers of the Board of
Directors as lawfully can be delegated, to the extent provided by resolution creating such
committees.
3.04 OPERATION
The sections of these Bylaws that govern meetings, notice and waiver of notice, quorum and
voting, and action without a meeting requirements of the Board of Directors apply to
committees and their members as weH.
3.05 MINUTES
Committees shall keep regular minutes of their proceedings and report to the Board of
Directors when required or when requested by the Board.
3.06 PROHIBITED ACTIVITIES OF ANY COMMITTEES
No committee shall have the authority to:
(a) Approve or recommend to members actions or proposals required by law to be
approved by members.
(b) Designate candidates for the office of Director, for purposes of proxy
solicitation or otherwise;
Page 8 of 15
(c) Fill vacancies in the Board of Directors or any committee thereof;
(d) Amend the Bylaws: or
(e) Authorize or approve qualifications for members.
ARTICLE IV - OFFICERS
4.01 OFFICERS
The officers of this Corporation shall be a Chair of the Board, Vice Chair, Secretary and
Treasurer. All officers shall be chosen from the members of the Board of Directors. Any tv.;o
(2) or more offices may be held by the same person. A failure to elect any of the aforesaid
officers shall not affect the existence of the Corporation.
4.02 ELECTION AND TERM OF OFFICE
Officers of the Corporation shall be elected for a tenn of three (3) years (or until their
successors have been duly elected and qualified) by the Board of Directors at its annual
meeting. If the election of officers shall not be held at such meeting, then such election shall
be held as soon thereafter as possible. Each officer shall hold office until his successor has
been duly elected and shall have qualified, or until his or her death, resignation or removal
from office. In no event shall a person be appointed as an officer for more than four (4)
consecutive terms. A person who has served as an officer. for four (4) consecutive terms
may be re-appointed as an officer after a one (1) year lapse of time from serving as an officer.
4.03 RESIGNATION AND REMOVAL
4.03.1 An officer may resign at any time by delivering notice to the Board of Directors. A
resignation is effective when delivered, unless the notice specifies a later effective
date. If a resignation is made effective at a later date and the Corporation accepts the
future effective date, then the Board of Directors may fill the pending vacancy before
the effective date, if the Board of Directors provides that the successor does not take
office until the effective date.
4.03.2 The Board of Directors may remove any officer at any time with or without cause by
a vote ofa majority of the Board of Directors at any regular or special meeting of the
Board of Directors.
Page 9 of 15
4.04 VACANCIES
A vacancy in any office because of resignation, removal, death or otherwise, may be filled by
the Board of Directors for the unexpired portion of the term or until a permanent successor is
elected.
4.05 CHAIR OF THE BOARD
The Chair of the Board shall be the Chief Executive Officer of the Corporation. He/She shall
have general executive powers, including all powers required by law to be exercised by a
president of a corporation as such, as well as the specific powers conferred by these Bylaws
or by the Board of Directors. The Chair of the Board shall preside at all meetings of the
Board of Directors.
4.06 VICE CHAIR
In the absence of the Chair of the Board, or in the event of his /her death, disability or refusal
to act, the Vice Chair shall perform all of the duties of the Chair of the Board and when so
acting, such Vice Chair shall have all the power of and be subject to all the restrictions upon
the Chair of the Board. The Vice Chair shall have general executive powers as well as the
specific powers conferred by these Bylaws. The Vice Chair shall also have such further
powers and duties as may be conferred upon or assigned to herein by the Board of Directors
or the Chair of the Board from time to time.
4.07 SECRETARY
The Secretary shall:
4.07.1 Prepare minutes of meetings of the Board of Directors and members;
4.07.2 Organize and supervise elections required herein;
4.07.3 Authenticate records of the Corporation;
4.07.4 Keep the minutes of the proceedings of the Board of Directors and the
members in one or more books provided for that purpose;
4.07.5 See that all notices are duly given in accordance with the provisions of these
Bylaws or as required by law;
4.07.6 Be custodian of the corporate records and of the seal ofthe Corporation and
see that the seal ofthe Corporation is affixed to all documents the execution
of which on behalf of the Corporation under its seal is duly authorized;
Page 10 of 15
4.07.7 Be the registrar of the Corporation; and
4.07.8 In general, perform all duties incident to the office of Secretary and such
other duties as may be assigned to him by the Board of Directors from time to
time.
4.08 TREASURER
The Treasurer shall:
4.08.1 Have charge and custody of. and by responsible for, all funds and assets of
the Corporation;
4.08.2 Receive and give receipts for monies due and payable to the Corporation
from any source whatsoever, and deposit all such moneys in the name of the
Corporation in such banks, trust companies or other depositories as the Board
of Directors may select; and
4.08.3 In general, perform all of the duties as may be assigned to him by the Chair of
the Board or by the Board of Directors from time to time. Ifrequired by the
Board of Directors, the Treasurer shall give a bond for the faithful discharge
of his duties in such sum and with such surety or sureties as the Board of
Directors shall determine.
4.09 DELEGATION OF DUTIES
In the case of the absence of an officer of the Corporation or for any other reason that the
Board of Directors may deem sufficient, the Board may delegate the powers and duties of
such officer to any other officer or officers or to any Director or Directors or to any other
individual or individuals.
4.10 SALARIES OF OFFICERS
4.10.1 By resolution of the Board of Directors, the officers may be paid their properly
documented, reasonable expenses incurred in connection with the perfonnance of
their duties as officers, if any.
4.10.2 The officers of the Corporation shall not be entitled to any compensation for services
rendered in their capacity as officers to the Corporation.
Page 11 of 15
ARTICLE V - EXECUTION OF INSTRUMENTS
5.01 AUTHORITY FOR EXECUTION OF INSTRUMENTS
Formal contracts of the corporation, promissory notes and other evidences of indebtedness
and other corporate documents shall be signed by the Chair and by the Secretary or Treasurer
unless otherwise specifically determined by the Board of Directors, or otherwise required by
law. Unless expressly authorized by these Bylaws or the Board of Directors, no officer,
agent or employee shall have any power or authority to bind the corporation by any contract
or engagement or to pledge its credit or to render it pecuniarily liable for any purpose or in
any amount.
ARTICLE VI - FISCAL YEAR
6.01 FISCAL YEAR
The fiscal year of the corporation shall begin on the first day of July and end on the last day
in June of each year.
ARTICLE VII - CORPORATE RECORDS, REPORTS AND SEAL
7.01 RECORDS
The Corporation shall keep as permanent records minutes of all meetings of its Board of
Directors, a record of all actions taken by the Board of Directors without a meeting, and a
record of all actions taken by any committee of the Board of Directors in place of the Board
of Directors on behalf of the Corporation. The Corporation shall maintain accurate
accounting records. The Corporation shall maintain its records in written form or in some
other form capable of conversion into written form in compliance with State Law.
7.02 ANNUAL REPORTS
On or after January 1 and on or before July 1 of each year, the Corporation shall deliver to
the Florida Department of State for filing a sworn annual report, on such forms as the
Department of State may prescribe and containing such information as is prescribed by law.
Similar reports shall be filed as required by law in those jurisdictions other than the State of
Florida where the Corporation may be authorized to transact business.
7.03 FINANCIAL STATEMENTS
7.03.1 Unless modified by a resolution of the members not later than four (4) months after
the close of each fiscal year, the this Corporation shall prepare a balance sheet
showing in reasonable detail the financial condition of the Corporation as of the close
Page 12 of 15
of its fiscal year and a profit and loss statement showing the results of the operations
of the Corporation during its fiscal year.
7.03.2 Upon the written request of any member, the Corporation shall mail to such member
a copy of the most recent such balance sheet and profit and loss statement.
7.03.3 The balance sheet and profit and loss statements shall be filed in the registered office
of the Corporation in this State, shall be kept in conformance with applicable state
and federal laws, and shall be subject to inspection during business hours by any
member, in person or by agent.
7.04 AUDIT
The financial records of the corporation shall be audited not less than annually by an
independent certified public accountant.
ARTICLE VIII- PROHIBITED ACTIONS AND ACTIVITIES
8.01 DiVIDENDS PROHIBITED
The Board of Directors of the Corporation may not declare or pay dividends in cash or
property to any member, Director or officer, and no part ofthe net income ofthe Corporation
shall otherwise be distributed to or inure to the benefit of any member, officer or Director, for
furtherance of purposes other than those set forth in the Articles of Incorporation.
8.02 PROHIBITED ACTIVITIES
Notwithstanding any other provision of these Bylaws, the Corporation shall not carryon any
activities not permitted to be carried on:
8.02.1 By a corporation exempt from Federal income tax under 501 (c)(3) of the
Code; or
8.02.2 By a corporation, contributions to which are deductible under Code Section
170.
8.03 LOANS PROHIBITED
Loans, other than through the purchase of bonds, debentures, or similar obligations of the
type customarily sold in public offerings, or through ordinary deposit of funds in a bank or
prohibited by the Corporation exempt from Federal income tax under the Code may not be
made by the Corporation to its Directors, officers, employees, or to any other corporation.
firm, association, or other entity in which one or more of its directors, officers, or employees
Page 130f15
is a director, officer, or employee or holds a substantial financial interest. A loan made in
violation of this Section is a violation of the duty to the Corporation of the Directors and
officers authorizing it or participating in it, by the obligation of the borrower with respect to
the loan may not be affected hereby.
ARTICLE IX - INDEMNIFICATION AND INSURANCE
9.01 INDEMNIFICATION
The Corporation shall indemnify its directors and officers to the fullest extent permitted by
the Florida Not-For-Profit Corporation Act, Chapter 617, Florida Statutes. If the Florida
Not-For-Profit Corporation Act, Chapter 617, Florida Statutes, is hereinafter amended to
authorize corporate action further eliminating or limiting the personal liability of directors or
officers then the personal liability of a director or officer of the corporation shall be
eliminated or limited to the fullest extent permitted by the Florida Not-F or-Profit Corporation
Act, Chapter 617, Florida Statutes, as so amended from time to time.
9.02 INSURANCE
The Corporation may purchase and maintain insurance on behalf of any Director, officer,
employee or agent of the Corporation, or on behalf of any person serving at the request of the
Corporation as a Director, officer, employee or agent of another corporation, partnership,
joint venture, trust, or other enterprise against any liability asserted against that person and
incurred by that person in any such corporation, whether or not the corporation has the power
to indemnify that person against liability for any of those acts.
ARTICLE X - AMENDMENT AND DISSOLUTION
10.01 AMENDMENT
These Bylaws may be altered, amended or repealed by an affirmative vote of no less than
four members of the Directors present at a duly noticed Regular or Special meeting of the
Board of Directors at which a quorum is present, provided that written notice of the
amendment and its contents shall have been mailed and/or e-mailed to each Director at least
fifteen (15) days prior to the Regular or Special meeting.
10.02 DISSOLUTION
The Corporation may be dissolved without judicial supervision by adopting a resolution to
dissolve, which must be approved by the Board of Directors and by its members, as provided
in these Bylaws or Articles ofIncorporation. In the event of dissolution, the residual assets
Page 140f15
of the corporation shall be turned over to one or more organizations which themselves are
exempt from federal income tax as organizations described in Section 501 (c )(3) of the
Internal Revenue Code of 1986, as amended or the corresponding provisions of any future
United States Internal Revenue Law.
ARTICLE XI - NON-STOCK BASIS
11.01 NON-STOCK BASIS
This corporation shall have no capital stock.
ARTICLE XII - CORPORATE SEAL
12.01 FORM
The seal of the Corporation shall have the name of the Corporation, the State, the year of its
incorporation and the words "Corporate Seal" inscribed thereon.
These Bylaws for the Boynton Beach Community Foundation, Inc. are hereby adopted by the Board
of Directors on . 2007.
CHAIR
Attested and Certified:
SECRETARY
DNT:dnt
Wd 990\900 182BB\BB Comm Fdtion (Bvlaws ).doc
Page 15 of 15
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CITY OF BOYNTON. BEACH
AGENDA ITEM REQUEST FORM
IX.-CITY MANAGER'S
REPORT
ITEM B.
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 Citv Clerk's Office
0 April 17,2007 April 2, 2007 (Noon,) D June 19, 2007 June 4, 2007 (Noon)
0 May I, 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon)
D May 15,2007 April 30,2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) ~ August 7, 2007 July 16, 2007 (Noon)
0 Announcements/Presentations ~ City Manager's Report
NA TURE OF 0 Administrative D New Business
AGENDA ITEM 0 Consent Agenda D' Legal
0 Code Compliance & Legal Settlements D Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: For the City Commission to give direction to city staff regarding the Veteran's Memorial by
authorizing staff to proceed with the erection of a single focal monument at the Bicentennial Park.
EXPLANATION: At the June 19,2007 City Commission meeting the Commission approved the implementation and
build of the Eternal Flame Memorial Public Art project proposed for Bicentennial Park. At the July 17, 2007 City
Commission meeting, the Veteran's Council presented a proposal for an alternative Veteran's Memorial that would
be erected either in addition to, or in lieu of the Eternal Flame Memorial. Staff is requesting that the City
Commission give direction as to whether they wish the Eternal Flame Memorial to be erected at Bicentennial Park, or
if they wish for the alternate memorial to be erected instead of, or in addition to the Eternal Flame.
PROGRAM IMPACT: Bicentennial Park will be a vital community gathering spot once the downtown has been
developed. Consideration should be given to assure that ample open and green space will be available once
development occurs. From a park planning perspective, there is concern for the aesthetic impact of having two large
focal pieces, with identical symbolism, in the same limited open space. Also, designating a single park for veteran
memorials will provide a cohesion location and focus for veteran celebrations, holidays and ceremonies. Placing two
large focal memorials in two separate parks would lessen the impact and importance of a unique veteran's memorial
venue.
FISCAL IMPACT:
BUDGET
City crp Funding for Eternal Flame Memorial 30,000
City crp Funding for Renovation of Bicentennial Park 125,000
CRA Funding for Renovation of Bicentennial Park 50,000
TOTAL 205,000
COST OF MEMORIAL RELATED ITEMS
I Eternal Flame 30,000
I Veteran's Council Memorial -0-
Slab for Veterans' Council Memorial 3,000
I Relocation of Memorials from Intracoastal Park 5,000
I Master Plan 24,500
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERN A TIVES:
· Continue with the approved Eternal Flame project in Bicentennial Park (Does not affect existing budget).
· Replace the Eternal Flame with the Veteran's Council Memorial in Bicentennial Park (Savings of$27,OOO),
· Erect both the Eternal Flame and the Veteran's Council Memorial in Bicentennial Park (Requested by Veteran's
Council- Add additional maintenance & $3,000 slab to existing budget).
· Erect the Eternal Flame in Bicentennial Park and allow the Veteran's Council to erect an additional memorial in
different city park (Add additional maintenance, $3,000 slab and undetermined amount for preparing/renovating an
additional park),
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DeF'fent Head's Signature
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Assistant to City Manager _____
Department Name
City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C(
In.-ANNOUNCEMENTS & PRESENTATIONS
Item C.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to 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)
0 May 15,2007 April 30,2007 (Noon) ~ July 17. 2007 July 2. 2007 (Noon)
0 June 5, 2007 May 14.2007 (Noon) 0 August 7, 2007 July 16.2007 (Noon)
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-
or;
NATURE OF 0 Administrative 0 New Business f",) .::1
AGENDA ITEM 0 .::::>
0 Consent Agenda Legal -..::.
0 :"';.,. 4'.._
0 Code Compliance & Legal Settlements Unfinished Business
'-
0 0 C3 -.'
Public Hearing -
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RECOMMENDATION: To accept presentation regarding a veterans' memorial by the BbYnton.f:?
Beach Veterans' Advisory Commission.
EXPLANATION: Boynton Beach Veterans' Advisory Commission wishes to make a
presentation to the City Commission related to a veterans' memorial which the Advisory Commission
wants to have placed at Bicentennial Park, or other mutually agreeable City location.
PROGRAM IMPACT: Advisory Commission wishes to augment planned City-sponsored
veterans' memorial with their own memorial, either as additional or instead of the Eternal Flame
Memorial approved by City Commission on June 19,2007.
FISCAL IMPACT: (Include Account Number where funds will come from) Veterans'
organizations within the City are offering to provide a veterans' memorial at no initial cost to the City.
Maintenance costs would be City responsibility.
ALTERNATIVES: To incorporate certain aspects of the Advisory Commission's proposed
memorial into the City-sponsored memorial; or, to not accept the Veterans' organizations offer for an
additional . al.
~
City Manager's Signature
Assistant to City Manager -M..L-
ent Head's Signature
RISK MANAGEMENT
(Staff Liaison to Veterans Advisory Commission)
Department Name
City Attorney / Finance
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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Proposal
The following quote is for a Veteran Monument CODStructed of Robin Blue Granite. Overall length of
base i.s 27'4", overall height (excluding flag pole) is 12'2", &nd 4 Robin Blue Granite benches.
This price includes fabrication, lettering and installation of the monument and benches.
This quote does not include foundations, brick/paver work, electrica~ flag pole or permits.
Flag poles cost. anywhere from $500 to $1600. r would recommend a 20' pole, satin finish (to
compliment the mon,wnent) with an intema.I halyard system estimated at 51300.00 or a 25' pole with the
aforementioned recommendations for $1400.00. The pole will be mounted inside the central stone and
therefore must be preordered and will be set at t.lte time oftbe monument installation.
r bave 1\lso shown a site plan with a 30' concrete rin.g, 10" wide with pavers set up to the base.
Sketches and drawings for the foundation and monUOOCl\t plus a basic site plan will be .fumished upon
ordering.
$32200.00
120-180 days
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VI.-CONSENT AGENDA
ITEM C.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 April 17,2007 April 2, 2007 (Noon,) ~ June 19,2007
0 May I, 2007 April] 6, 2007 (Noon) 0 July 3, 2007
0 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 Fonn 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) C) C'">-i
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RECOMMENDATION: Approve Resolution No. R07-_ authorizing the implementation and build of the Eternal Flame
Memorial Public Art project proposed for Bicentennial Park.
.;."")
NA TURE OF
AGENDA ITEM
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Administrative
o
o
o
o
D
City Manager's Report
New Business
-
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Announcements/Presentations
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
Legal
Unfinished Business
~XPLANA nON: The late Vice Mayor, Bob Ensler and the Veterans Advisory Commission initiated The Eternal Flame
Memorial Public Art project early 2006. The Arts Commission produced a call to artists for a (RFQ) Request for Qualifications
with a deadline of April 19, 2006. On May 15, 2006, a selection panel consisting of two Veterans Advisory Commission
members, an Arts Commission member, a Recreation & Parks Supervisor and the late Vice Mayor, Bob Ensler, selected 3 artists
to submit proposals.
On December 1, 2006, a (RFP) Request for Proposal went to the three artists. By February 15, 2007, two of the three artists
presented proposals and a Maquette for their Eternal Flame Public Art Memorial concept to a selection panel. This selection
panel consisted of two Veteran Advisory Commission members and the two Arts Commission members. The proposal, presented
by James Mastin, was unanimously selected.
The Veterans Advisory Commission, Recreation & Parks Board, The Arts Commission and City staff recommends that the
Eternal Flame Public Art Memorial should be located at Bicentennial Park. The City will enter into a contract with a landscape
architectural firm for the development of a master plan for Bicentennial Park in an amount of$24,995. This plan will include the
location of the Eternal Flame, and relocation of the Submariner Memorial and brass plaques from Intracoastal Park to
Bicentennial Park, Staff has prepared a contract to engage the Public Artist, James Mastin, to build the Eternal Flame Public Art
Memorial project. Once the contract is signed, it will take a minimum of9 months to complete.
PROGRAM IMP ACT: The Eternal Flame Public Art Memorial will serve as a "Tribute to Boynton Beach Veterans". This
project is the culmination of the joint vision of the late Vice Mayor, Bob Ensler, the Veterans Advisory Commission and the Arts
Commission. The placement of this memorial in Bicentennial Park will create a central venue in which to honor the men and
women of the Armed Forces that have sacrificed their lives for our great nation. It will also bring a dignified artistry to the
downtown Federal Highway corridor. This is the only planned military monument within a designated city park currently in the
CIP budget which is recommended by staff and endorsed by all three Advisory Boards.
FISCAL IMP ACT: The Eternal Flame Public Art Memorial project cost was budgeted at $35,000.000, There currently is
$35,000.000 allocated in crp account # 302-4999-580-63-15 for this project. There is also $100,000 allocated in CIP account
'302-4299-580-63-15 CP061 for the master plan and development of the park,
ALTERNATIVES: Not to approve implementation and build of the Eternal Flame Public Art Memorial project.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
DOCUMENTATION ATTACHED:
Exhibit A: Request for Proposal.
Exhibit B: Artists contract and proposal.
Exhibit C: Veterans letter.
Exhibit D: Advisory boards minutes.
Exhibit E: Veteran's Park and Bicentennial Park aerial images,
~{1::amn~C~ '
City Manager's Signature
Assistant to City Manager
OwL
Department Name
City Attorney / Finance
S\BULLETIN\FORMS\AGEt-:DA [TEM REQUEST FORM.DOC
1
2 RESOLUTION NO. R07-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, AUTHORIZE THE
7 IMPLEMENTATION AND BUILD OF THE ETERNAL
8 FLAME MEMORIAL PUBLIC ART PROJECT
9 PROPOSED FOR BICENTENNIAL PARK;
10 AUTHORIZING THE EXECUTION OF AN
11 AGREEMENT WITH ARTIST JAMES MASTIN FOR
12 THE CREATION OF THE ETERNAL FLAME
13 SCULPTURE IN THE AMOUNT OF $35,000.00; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, on December 1, 2006, a Request for Proposal went to three artists; and
18 WHEREAS, two of the three artists presented proposals which were reviewed by a
19 selection panel and the proposal submitted by James Mastin was unanimously selected; and
20 WHEREAS, the City Commission of the City of Boynton Beach, upon
21 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
22 I City of Boynton Beach to approve the Agreement in the amount of $35,000.00 between the
23 City of Boynton Beach and James Mastin for the creation of an Eternal Flame sculpture to be
24 placed in Bicentennial Park.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
Each Whereas clause set forth above IS true and correct and
28 incorporated herein by this reference.
29
Section 2.
The City Commission of the City of Boynton Beach, Florida does
30 hereby approve and authorize the execution of the Agreement in the amount of $35,000.00
31 between the City of Boynton Beach and James Mastin for the creation of an Eternal Flame
S:\CA\RESO\Agreements\Eternal Flame - Mastin Agmt.doc
sculpture to be placed in Bicentennial Park, a copy of said Agreement is attached hereto as
:2 Exhibit "A".
"
-'
Section 3.
That this Resolution shall become effective immediately upon passage.
4
PASSED AND ADOPTED this _ day of May, 2007,
)
6
CITY OF BOYNTON BEACH. FLORID/\
7
8
9
10
] ]
12
] 3
]4
] 5
16
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
17
18
Commissioner - Mack McCray
'"
~~I
221 ATTEST:
Commissioner - Carl McKoy
23
24
25 Janet Prainito, City Clerk
26
..,-,
28 (Corporate Seal)
29
30
S:>.CA\RESOAgreemems\Etema! Flame - Mastin Agm\doc
The City 0/ Boynton Beach
OFFICE OF THE CITY MANAGER
100 E Boynton Beach Boulevard
Po. Box 310
Boynton Beach, Florida 33425-0310
City Managers Office: (561) 742-6010
FAX: (561) 742-6011
e-mai/: lejeunec@c/~boynton-beach.fI.us
www.boynton-beach.org
To: Mayor Taylor
Vice Mayor Rodriguez
Commissioner McCray
Commissioner McKoy
Commissioner Weiland
From: Carisse Lejeune, Assistant to the City Manager ~
Date: July 12, 2007
Re: Eternal Flame Public Art Memorial
Please find attached to this memorandum the staff recommendation regarding the
proposed additional veteran's memorial which appears on the July 17, 2007 City
Commission agenda, under item III.C.4. - Presentations.
Please let me know if you have any questions or require any additional information.
Thank you.
Cc: Kurt Bressner, City Manager
Jim Cherof, City Attorney
City Clerk, Central File
The City of Boynton Beach
CITY MN~AGERS OFFICE
Public Art Administrator
100 E, Boynton Beach Blvd
P,O, Box 310
Boynton Beach, FL 33425
phone (561) 742-6026 fax (561) 742-6089
email colesdobayd@cl.boynton-beacr..fl.u:;.
www,bovntolJ-beach,org
Date: July 12, 2007
To: Kurt Bressner, City Manager
cc: Carisse Lejeune, Assistant to the City Manager
cc: Wally Majors Recreation and Parks Director
cc: Jody Rivers, Parks Superintendent
cc: Chuck Magazine, Risk Management
From: Debby Coles-Do bay, Public Art Administrator
Subject: Discussion regarding Eternal Flame Public Art Memorial
At the June 19, 2007 City Commission meeting the Commission approved the implementation and
build of the Eternal Flame Memorial Public Art project proposed for Bicentennial Park.
The late Vice Mayor Ensler's vision was to produce a unique Eternal Flame Memorial to serve as a
"Tribute to the Boynton Beach Veterans." The Arts Commission facilitated the request for an Eternal
Flame Memorial on behalf of the Veteran's Advisory Commission, and under the direction of the late
Vice Mayor Ensler.
On February 15, 2007, two Veteran's Advisory Commission members, Tom Kaiser and Bob Zimmer-
man, and two Arts Commission members, unanimously selected James Mastin's Eternal Flame Me-
morial.
The Recreation & Parks Department has contacted The Land Stewardship Co" one of four landscape
firms under contract with the city, to develop a scope of services for the renovation of Bicentennial
Park. However, work has not begun on this project due to the recent request by the Veteran's Advi-
sory Commission for an additional monument.
The Veteran's Advisory Commission will be proposing at the July 17th City Commission meeting that
the city install a different memorial either in addition to, or in lieu of, the Eternal Flame monument.
The memorial monument being proposed by the Veteran's Advisory Commission is identical to sev-
eral monuments already in existence around the country.
Staff has accommodated the Veteran's Advisory Commission's request to include six (6) additional
plaques (Army, Navy, Marines, Air Force, Merchant Marines and the Coast Guard) into the Eternal
Flame project. In addition, the commemorative plaques now located at the Intracoastal Park, and
possibly the Submariner monument, are to be included in the Master Plan for the Bicentennial Park,
along with the Eternal Flame memorial.
To date, the city has spent $500.00 in stipend fees to Beth Ravitz, the other artist that submitted a
proposal for this project but was not selected. James Mastin is the artist that created the Eternal
Flame. He did not receive a fee for being awarded the project, and we have not paid out any of the
project cost to him yet. However, if we do not use his proposed monument submittal, we will need to
pay him $500.00 as well (per the RFQ Scope of Work). Total expenditures would then be $1,000.00.
In addition to the stipends to the submitting artists, the only other expenditures for this project has
been the considerable amount of city staff man hours that have been put into the planning process.
Bicentennial Park will be a vital community gathering spot once the downtown has been developed.
Consideration should be given to assure that ample open and green space will be available once de-
velopment occurs, The installation of a memorial comparable to the Eternal Flame, with a substantial
footprint, will decrease the area available for public use.
Staff recommends that Bicentennial Park be designated as the official park for veteran memorials.
The Arts Commission and the Recreation and Parks Board also concur with this recommendation,
This will provide a cohesive location and focus for veteran celebrations and holidays. From a park
planning perspective, there is concern for the aesthetic impact of having two large focal pieces, with
identical symbolism, in the same limited open space area.
Staff recommends the use of a single, unique art piece to provide a lasting image designed as a focal
point to generate the pride and perpetual recognition of our service men and women's selfless contri-
bution to our freedom and our future. The Eternal Flame Public Art Memorial, a collaborative project,
contributes to a positive, progressive City image and compliments the Veteran's Advisory Commis-
sion and the late Vice Mayor Bob Ensler'S vision.
2
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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
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)
D May 15,2007 April 30, 2007 (Noon) D July 17,2007 Ju]y 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) 0 August 7,2007 July ]6,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative 0 New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Discussion of City Ordinance No. 00-69, per the request ofa member of the Commission
EXPLANATION: At the August 3, 2007 City Commission pre-agenda meeting, a member of the Commission asked
that this item be placed on the August 7, 2007 City Commission agenda for discussion. Ord. No. 00-69 amends Article
I of Chapter 2 Section 2-13.1 in order to amend the power and duties of the Community Redevelopment Agency
herein after ("CRA") and amending Article I of Chapter 2 Section 2-13.2 relating to the CRA to provide that the City
Commission shall no longer be the governing body of the CRA and to provide for the Board Members appointment by
the City Commission.
PROGRAM IMPACT: N/A
FISCAL IMP ACT: N/ A
AL TERNA TIVES: Not to discuss Ord. No. 00-69.
i~
City Manager's Signature
Assistant to City Manager
~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE tt:),::/tt:)- ~ 9
2
3
4 ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA AMENDING ARTICLE I OF CHAPTER 2 SECTION 2-
6 13.1 IN ORDER TO AMEND THE POWER AND DUTIES OF THE
7 COMMUNITy REDEVELOPMENT AGENCY HEREINAFTER ("CRA") AND
8 AMENDING ARTICLE I OF CHAPTER 2 SECTION 2-13.2 RELATING TO
9 THE CRA TO PROVIDE THAT THE CITY COMMISSION SHALL NO
10 LONGER BE THE GOVERNING BODY OF THE CRA AND TO PROVIDE
11 FOR THE BOARD MEMBERS APPOINTMENT BY THE CITY
12 COMMISSION; PROVIDING FOR CONFLICT; PROVIDING FOR
13 SEVERABILITY; PROVIDING FOR INCLUSION; PROVIDING FOR
14 EFFECTIVE DATE.
15
16 WHEREAS, the City COmmission desires to remove itself as the governing body of the
17 Community Redevelopment Agency and to instead appoint citizens as the governing body.
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TIIE
19 CITY OF BOYNTON BEACH, FLORIDA:
20
Section 1.
That the foregoing "WHEREAS" clause is true and correct and hereby
21 ratified and confirmed by the City Commission.
22 Section 2. That Article I, "Administration" of Chapter 2, Sec. 2-13.1. entitled "Redevelopment
23 trust fund; powers of agency, redevelopment. *" is hereby amended to read as follows:
24
25
(t)
The community redevelopment agency shall exercise all powers and expend all
26 funds in accordance with the provisions of Chapter 163, Part ill, Florida Statutes and those
27 rovided for in Article IT of Section 1.5 of the Ci 's Land Develo ment Re lations and any
28 community redevelopment plan shall conform with the comprehensive plan of the city, as
29 amended. Further, in development of the community redevelopment plan, the community
30 redevelopment agency shall comply in all aspects with the height limitations imposed by the
31 zoning code of the city, and further such plan shall ensure that the quality of the wetlands and
32 mangroves will not be impaired except in conformity with the comprehensive plan.
Page 10f3
]:\SHRDATA\CA\ORD\CRA\CRA BOUNDARY AMENDMENT(112700)DOC.doc
I Section 3. That Article I, "Administration" of Chapter 2, Sec. 2-13.2. is hereby
2 amended to read as follows:
3
Sec. 2-13.2. Governing body of community redevelopment agency. *
4
(a) The City Commission is herOOy shall appoint eEl in accordance with the
5 provisions of Chapter 163.357(1)(c), Florida Statutes. and deelat'ed te be the board of
6 commissioners ftflEJas the governing body of the community redevelopment area. Eff06ave the
7 ~tb day of June, 2000, the goYemillg body of the CO.ffimW1ity Red&'"leloplTItmt l'..gtmey shall bo
8 e-xpanded to inelude tV\'0 (2) additional members, appointed by the City CeflmUssiOB in
9 aoeerdaHee ':.4th the pro',"isioRs of Chapter 163.357(1)(ej, Fleriaa Statutes. The board will be
10 composed of seven (7) members.
11
12
(c) The City Commission ma-yor ana '/iee mayor of the eity 8Fe hereby I
designated GS shall select bv malOlity vote the chairman and the vice-chairman, Fe~eeavely, of
13
14
the board of commissioners of the community redevelopment agency.
15
16 Section 4. Conflicting Ordinances.
17 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to
18 the extent of such conflict.
19 Section 5. Severability.
20 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
21 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
22 the validity of the remaining portions of this Ordinance.
23 Section 6. Inclusion in Code.
24 It is the intention of the City Commission of the CTIY OF BOYNTON BEACH, Florida, that
Page 2 of3
I:\SHRDAT A\CA\ORD\CRA\CRA BOUNDARY AMENDMENT(l12700)DOC.doc
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1 the provisions of this Ordinance shall become and be made a part of the CITY OF BOYNTON
2 BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or
3 relettered and the word "ordinance" may be changed to "section," "article," or such other
4 appropriate word or phrase in order to accomplish such intentions.
5 Section 7. Effective Date.
6 This Ordinance shall be effective immediately after adoption by the City Commission.
PASSED FIRST READING this L day of ~~ .2000.
SECOND AND FINAL READING ADOPTED this L1!. day of~. , 2000.
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
December 5, 2000
will be evaluated after that. Mayor Broening agreed that the murals are only good if
they are done properly. He pointed out that Boynton Beach is searching for its identity
and needs to develop an image and would like to see the program given a one-year try.
Mayor Broening closed the public hearing.
Motion
Commissioner Black moved to approve Proposed Ordinance No. 000-67. Mayor
Broening passed the gavel and seconded the motion. City Clerk Sue Kruse polled the
vote. The vote was two ayes (Mayor Broening and Commissioner Black) and two nays
(Vice Mayor Weiland and Commissioner Fisher); therefore, the motion failed.
6. Proposed Ordinance No. 000-68 Re: Amending Land
Development Regulations, Chapter 2, Section 11.L. to allow the
regulations to be modified to allow gas sales ancillary to a principle
use in a PCD, subject to minimum acreage and other site standards
Attorney Cherof read Proposed Ordinance No. 000-68 by title only.
Motion
Commissioner Black moved to approve Proposed Ordinance No. 000-68.
Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The
vote was unanimous.
B. Ordinances - 1st Reading
1. Proposed Ordinance No. 000-69 Re: Amending Article I
of Chapter 2, Section 2-13.1 in order to amend the power and
duties of the Community Redevelopment Agency and amending
Article I of Chapter 2 Section 2-13.2 relating to the CRA to provide
that the City Commission shall no longer be the governing body of
the Community Redevelopment Agency (CRA) and to provide for
the board members' appointment by the City Commission
Attorney Cherof read Proposed Ordinance No. 000-69 by title only.
Motion
Commissioner Black moved to approve Proposed Ordinance No. 000-69.
Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The
vote was unanimous.
r- ,
2. Proposed Ordinance No. 000-70 Re: Creating Article II of
Chapter 1.5 of the Land Development Regulations to provide for
24
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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 ]8,2007 (Noon)
D May 15,2007 April 30, 2007 (Noon) D July 17,2007 Ju]y 2,2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July ]6,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative 0 New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDA TION: Discussion of City Resolution No. 07-065, per the request of a member of the Commission.
EXPLANATION: At the August 3, 2007 City Commission pre-agenda meeting, a member of the Commission asked
that this item be placed on the August 7, 2007 City Commission agenda for discussion. Resolution No. 07-065 declares
the City Commission of the City of Boynton Beach the Community Redevelopment Agency pursuant to Section
163.357, Florida Statutes.
PROGRAM IMP ACT: N/ A
FISCAL IMPACT: N/A
AL TERNA TIVES: Not to discuss Resolution No. 07-065.
~~
City Manager's Signature
Assistant to City Manager
~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
I I
1
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA DECLARING
5 THE CITY COMMISION OF THE CITY OF BOYNTON
6 BEACH THE COMMUNITY REDEVELOPMENT
7 AGENCY PURSUANT TO SECTION 163.357, FLORIDA
8 STATUTES; PROVIDING FOR AN EFFECTIVE DATE
9
RESOLUTION NO. 07-065
10 WHEREAS, Section 163.357, Florida Statutes authorizes the City Commission to
11 declare, by the adoption of a resolution, itself the community redevelopment agency at any time.
12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
13 THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confinned as
14
15 being true and correct and are hereby made a specific part of this Resolution upon adoption
16 hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida, pursuant to
17
18 Section 163.357, Florida Statutes, hereby declares itself to be the community redevelopment
19 agency ofthe City of Boynton Beach and vests itself immediately with all rights, powers, duties
20 privileges, and immunities vested by law in the community redevelopment agency, subject to all
21 responsibilities and liabilities imposed or current.
Section 3.
The City Attorney is directed to prepare an ordinance confonning the
22
23 City's Code of Ordinances to properly reflect that the City Commission constitutes the
24 community redevelopment agency.
Section 4.
This Resolution shall become effective upon adoption.
25
S:\CA \RESO\CRA.doc
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PASSED AND ADOPTED the J!L day of Ju.ne. ,2007.
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CITY OF BOYNTON BEACH, FLORIDA
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2
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 19, 2007
Don Fenton, 2556 SW 23rd, Cranbrook Drive, and former CRA board member, felt the
Commission was showing a tremendous disrespect to the members of the CRA board and
questioning their own appointment decisions. He agreed with former Mayor Broening that the
actions were a motivated, trumped up power play. Mr. Fenton explained the fiscal responsibility
issue returns to the City only if the TIF taxes do not cover the bonds. The City guarantees the
bond to get a better rating on the bond and nothing more. Outside financial consultants assess
the bond issues. He stressed the greatest growth in the tax base for the City of Boynton Beach
is in the CRA area.
Wade King, 235 NW 10th Avenue, remarked he had attended many of the Commission
meetings and on three occasions attempts were made to disband the CRA board. Vice Mayor
Rodriguez had given reasons why the purchase of Ocean Breeze was a bad move. The CRA
presented documented evidence that proved it was a good deal. Mr. King agreed with Mr.
Sims' assessment that positive actions should be weighed against the negative actions. He felt
the motivation was an attempt to get rid of Chair Tillman and promote the Intown Development
Plan for HOB. Mr. King advised Intown Development had many contracts for land but had not
closed on most of the contracts.
Brian Edwards, 629 NE 9th Avenue, spoke supporting the CRA. The accusations are
personal. Mr. Edwards could not believe Commissioner Weiland's remarks that this was about
replacing the members. He felt the entire ordeal made a mockery of the City of Boynton Beach
and totally unnecessary. He agreed that the issues should be openly discussed and resolved.
Victor Norfus, 261 N. Palm Drive, reported in his work experience, if expenses were
improperly submitted, the entire office was not fired. Individual offenders would be held
responsible. The real issue appears to be replacing the members. Mr. Norfus noted the late
Vice Mayor Ensler was instrumental in the composition of the CRA board and Commissioner
Weiland, from the same District I, was attempting to undo his predecessor's efforts. The
progress of the CRA had not been disputed. He suggested the perceived issues should be
discussed directly with the board members. Fiscal responsibility could be achieved without
disbanding the CRA. Open communication and trust must be re-established. He believed the
CRA was doing a wonderful job and fiscal responsibility should be asserted upon the board. Mr.
Norfus speculated the Commission was attempting to gain more control prior to upcoming
projects being submitted.
Herb Suss, Quail Run, commented the CRA had won his respect over the last year and he
supported their efforts. He referred to Intown's lack of cooperation in providing the necessary
data and demanded their compliance. Mr. Suss felt Commissioner Weiland should not have
been involved in any way obtaining records for others. He reminded Vice Mayor Rodriguez he
ran unopposed which was definitely not a popularity contest. Commissioner Weiland had been
appointed not elected. The suggestion to have the entire board reappointed every two years
would be irresponsible and constitute a stacked deck. He questioned why the Commissioners
had not attended the CRA meetings to get answers to their concerns. Mr. Suss suggested more
professional conduct by the Commission would be appropriate to respect those speaking. He
fully supported the professional CRA staff and urged the Commission not to break up the board.
22
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 19, 2007
Glenn Jurgenson, Chair of the Chamber of Commerce, expressed the executive board's
support of the CRA and would not like to see the pattern of success established by the current
CRA change. The burden the Commission would assume would be tremendous.
Vivian Brooks, Interim eRA Assistant Director, advised she had been with the CRA for
two and a half years. The instability within the agency had come from outside influences. The
prior director rarely ordered appraisals for properties before acquisition and based the price on
comparable sales. All property is now purchased with qualified appraisals. She felt
Commissioner Weiland had impugned her integrity and her job was being constantly
threatened. There are several redevelopment plans in existence and the value of property
hinges on the adopted redevelopment plan that the Commission adopted.
Ms. Brooks shared a conversation she and another employee, Mike Simons, had with Mr.
Reardon over lunch. She contended Mr. Reardon revealed he was the mole providing
information to Vice Mayor Rodriguez about the CRA. Mr. Reardon also confidently indicated he
would get his job back and which employees would continue to have their jobs. She contended
the only thing that was prohibiting further success of the CRA was the lack of political will. The
monies of the CRA are trust funds which must be re-invested in the community and not banked.
Ms. Brooks advised she had spoken with Sharyn Goebelt regarding a harassment complaint
relating to her job security. She thought it was ironic the recent issues arose just as three
viably financial proposals were received for the Ocean Breeze project. A response was not
forthcoming from Intown and the CRA is again under scrutiny.
Lynn Simmons, 652 South Road, and a business on Casa Loma Boulevard included in the
CRA district, spoke in support of the CRA and particularly Ms. Bright. Ms. Simmons had a lease
with the CRA and had difficulty obtaining the lease due to a personal vendetta by Mr. Reardon
against her. He gave Ms. Bright erroneous information on her lease price that was presented to
the board and cost both sides thousands of dollars in legal fees. Ms. Simmons ultimately won
the dispute. Mr. Reardon had threatened her over six times with eviction for no cause. A
plumbing problem resulted in further damage that Mr. Reardon refused to correct in spite of
specific direction by Ms. Bright to fix the problem. Ms. Simmons accused Mr. Reardon of
devious conduct.
Robert Banting, Appraiser, introduced himself to the Commission. He reviewed his
background as a life long resident of the area and mostly in Boynton Beach, along with his
educational and work experience spanning 35 years. His firm is the largest and oldest
commercial appraisal firm in the market. Mr. Banting emphasized the appraisals for the CRA
were done in a completely unbiased and objective manner. The CRA never influenced his
decisions and all appraisals were done in conformity with appraisal standards. Disagreements
over property values are not uncommon and comparisons cannot be made between commercial
and residential properties. He agreed the new CRA office location would create an anchor or
genesis of a cultural art and historic district. He urged the Commission to review the appraisals
done by his firm, as they take pride in doing appraisals that can stand on their own.
Vice Mayor Rodriguez inquired about the relationship between Mr. Banting's firm and the CRA.
Mr. Batting indicated the relationship had been ongoing for approximately 20 years; however,
other firms had been used also.
23
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 19, 2007
John McGovern, 2620 Spiceberry Lane, Quail Run, researched previous CRA minutes and
could not support the board at this time. He noted the last 20 minutes of the last meeting were
unacceptable. Upon the Mayor's exit from the meeting, several members of the board began
denigrating the Commission. Mr. McGovern felt a change in the present CRA board is needed
or at the very least a call to accountability from the Commission to the CRA. It is time to start
over and restructure the board. Governance and judicious use of limited resources and proper
communication without denigration in a public forum is unacceptable.
Lee Wische, 1302 SW 18th Street, recommended the Commission retain the status quo. In
his view, the CRA had been individually and collectively outstanding. He noted the Commission
had not resolved the Intown issue as promised either. The CRA wanted to get rid of Intown a
long time ago. Mr. Wische had also requested documentation from Intown and had not
received it to date. Mr. Wische speculated the action was a power grab to manipulate the
composition of the new board. Commissioner Weiland totally disagreed.
Lisa Bright, eRA Director, expressed her frustration with the constant harassment she has
endured over the last two years and being under fire for everything she does. She explained
she is a single mother of a child with diabetes and she has to take every possible opportunity to
discuss issues with the board members, even if it is at a bar. She resented the accusations and
slur on her Master's degree and previous work history. Ms. Bright felt confident working with
the current board and was offended by Vice Mayor Rodriguez's reference to instability that
appeared in the newspaper. A process exists to deal with such issues immediately, including
regular audits. Ms. Bright was proud of the programs and initiatives she had achieved.
Undoubtedly things could be improved. She felt she had a good relationship with the current
board and worked as a team. She considered her staff exemplary and wanted to continue to
implement the Downtown Master Plan.
Vice Mayor Rodriguez questioned if team work and better communication was the basis of the
directive that she could not meet with the Commissioners individually once a month. Ms. Bright
admitted the memo was directed to Vice Mayor Rodriguez because he had made a directive to
her to implement for a board she did not report to directly. She admitted to feeling hostility
from Vice Mayor Rodriguez because he had made her and her staff an agenda item. Vice
Mayor Rodriguez reiterated it had nothing to do with the CRA staff, only the board and it was
unfortunate she exposed her staff to the hostile environment. Ms. Bright contended the
Commission exhibited lack of faith in her abilities when it took away the MLK project in the
HOB.
Mayor Taylor reassured Ms. Bright her job was not the issue and never had been.
Bellsheba Edden, 1208 HE 2nd Street, complimented both the Commission on their conduct
and the current CRA board for their efforts. She expressed her religious beliefs on judging one
another.
George Homrich, 2706 W 8th Street, indicated he builds and sells spec houses on a small
budget. He had worked with several eRA organizations and appraisers. Although the purchase
prices for various properties may seem outlandish, the increase in the tax base makes the price
well worth it.
24
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 19, 2007
A resident of 625 Castle Boulevard, worked in the real estate business and advised it was much
easier to attract developers to the Heart of Boynton Beach than it had been with the previous
CRA staff. The current staff works much better with the board members. He contended
disbanding the CRA board would alienate developers from Boynton Beach.
Mayor Taylor speculated he would be the swing vote on the issue after listening to all sides of
the issue. He had arrived with an open mind and listened very carefully to everyone's remarks.
Mayor Taylor indicated the entire discussion related to leadership provided by the CRA board.
Every member is a professional in some respect and brings that expertise to the board. Their
efforts have been admirable. Staff reacts to the leadership of the board. Mayor Taylor
commended the CRA staff and their credentials. His experience with Ms. Bright had earned his
respect for her thoughtfulness, decisiveness and expertise. He totally supported her and the
staff. All other staffing decisions rest solely within her control.
There were tremendous positives that could be attributed to the board according to Mayor
Taylor. Some decisions though were highly questionable, especially considering the monies
that were paid. Mayor Taylor was concerned with property owners who indicated they would
only sell their properties to the CRA rather than the buyer with the best price. Unfortunately
the perception is the CRA would give the highest price if the seller was willing to hold out
longer. Even board members have reported hearing the same comments. The result is the
values have increased drastically.
Mayor Taylor was personally offended by the remarks that investigation into his background
would uncover dirt or any reference to kickbacks. He announced his financial records are open
for any review by anybody; he had gained nothing. His second concern was the animosity from
both sides. It amounted to a fractured relationship that would not improve. As Mayor, it was
his responsibility to present the City in the best pOSSible light to the development community.
In a leadership role, there is a responsibility to be accountable for the decisions made.
After careful consideration, Mayor Taylor determined the board should be abolished and the
role given back to the City Commission.
Motion
Commissioner Weiland moved to approve Item XLA. dissolving the CRA board and transferring
the authority and responsibility from the CRA board to the City Commission. Vice Mayor
Rodriguez seconded the motion. The motion passed 3-2. (Commissioners McCray and McKoy
dissenting)
B. Discussion of water surcharge on businesses in the City
Kofi Boateng, Director of Utilities, advised the City Code required mandatory surcharges
during declared water emergency restrictions to use over 10,000 gallons whether it is a
residence or business account. The imposition of the surcharge was instituted after a
declaration water shortage by the South Florida Water Management Board.
25
Statutes & Constitution :View Statutes: flsenate.goy
Page 1 of 1
Select Year: 2007
~
The 2007 Florida Statutes
Title XI ChapterJ63
COUNTY ORGANIZATION AND INTERGOVERNMENTAL
INTERGOVERNMENTAL RELATIONS PROGRAMS
163.357 Governing body as the community redevelopment agency.--
YiewEntire
Chapter
(1 )(a) As an alternative to the appointment of not fewer than five or more than seven members of
the agency, the governing body may, at the time of the adoption of a resolution under s. 163,355,
or at any time thereafter by adoption of a resolution, declare itself to be an agency, in which case
all the rights, powers, duties, privileges, and immunities vested by this part in an agency will be
vested in the governing body of the county or municipality, subject to all responsibilities and
liabilities imposed or incurred.
(b) The members of the governing body shall be the members of the agency, but such members
constitute the head of a legal entity, separate, distinct, and independent from the governing body
of the county or municipality. If the governing body declares itself to be an agency which already
exists, the new agency is subject to all of the responsibilities and liabilities imposed or incurred by
the existing agency.
(c) A governing body which consists of five members may appoint two additional persons to act as
members of the community redevelopment agency. The terms of office of the additional members
shall be for 4 years, except that the first person appointed shall initially serve a term of 2 years.
Persons appointed under this section are subject to all provisions of this part relating to appointed
members of a community redevelopment agency.
(d) As provided in an interlocal agreement between the governing body that created the agency
and one or more taxing authorities, one or more members of the board of commissioners of the
agency may be representatives of a taxing authority, including members of that taxing authority's
governing body, whose membership on the board of commissioners of the agency would be
considered an additional duty of office as a member of the taxing authority governing body.
(2) Nothing in this part prevents the governing body from conferring the rights, powers, privileges,
duties, and immunities of a community redevelopment agency upon any entity in existence on July
1, 1977, which has been authorized by law to function as a downtown development board or
authority or as any other body the purpose of which is to prevent and eliminate slums and blight
through community redevelopment plans. Any entity in existence on July 1, 1977, which has been
vested with the rights, powers, privileges, duties, and immunities of a community redevelopment
agency is subject to all provisions and responsibilities imposed by this part, notwithstanding any
provisions to the contrary in any law or amendment thereto which established the entity. Nothing
in this act shall be construed to impair or diminish any powers of any redevelopment agency or
other entity as referred to herein in existence on the effective date of this act or to repeal,
modify, or amend any law establishing such entity, except as specifically set forth herein.
History.--s. 2, ch. 77-391; s. 75, ch. 79-400; s. 2, ch. 83-231; s. 5, ch. 84-356; s. 3, ch. 2006-307.
Disclaimer; The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright <02000-2006 State of Florida.
http://www .flsenate .gOY 1 statutes/index.cfm ?p=2&mode= View%20Statutes&S ubMenu= 1 &... 8/3/2007
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XI. - NEW BUSINESS
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 17, 2007 April 2, 2007 (Noon.) D June] 9,2007 June 4, 2007 (Noon)
D May 1, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon)
D May 15,2007 April 30, 2007 (Noon) D July 17,2007 Ju]y 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July ]6,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NA TURE OF D Administrative 0 New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDA TION: Discussion of City Resolution No. 03-164, per the request 018 member of the Commission.
EXPLANATION: At the August 3, 2007 City Commission pre-agenda meeting, a member of the Commission asked
that this item be placed on the August 7, 2007 City Commission agenda for discussion. Resolution No. 03-164
establishes core values and minimum standards of conduct for public officers of the City. This resolution failed on
September 16,2003, as reflected in the attached minutes excerpt.
PROGRAM IMP ACT: N/ A
FISCAL IMP ACT: N/ A
ALTERNATIVES: Not to discuss Resolution No. 03-164.
~
City Manager's Signature
Assistant to City Manager
Ch1L
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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RESOLUTION NO. 03- (eoL\-
AN RESOLUTION OF THE CITY OF BOYNT. BEACH,
FLORIDA, ESTABLISHING CORE V UES AND
MINIMUM STANDARDS OF CONDUC FOR PUBLIC
OFFICERS OF THE CITY; PRO ING FOR AN
EFFECTIVE DATE.
WHEREAS, although Chapter 112.311, et eq., Florida Statutes the Code of
Ethics for public officers and employees, was nacted to ensure that the public be
rotected from conflicts of interest and unethic conduct by elected and appointed public
fficers, the City Commission has determine that local guidelines should be established
o ensure confidence in the integrity of C' government and the City's public officers;
and
WHEREAS, the City Co lssion of the City of Boynton Beach, Florida, desires
o establish core values and m' ImUIll standards by which the City's public officers
should be guided in the perfo ce of their designated duties; and
WHEREAS, the . y of Boynton Beach core values and standards of conduct are
intended to apply to the fficial and day-to-day conduct of elected and appointed public
officials of the City 0 oynton Beach; and
WHERE S, these core values and standards of conduct will serve as a valuable
reference guid or all those in whom the public has placed its trust; and
W REAS, the City Commission of the City of Boynton Beach has determined
that thes core values and standards of conduct are in the best interests of the citizens of
the Cit of Boynton Beach, and will assist in ensuring that the City's elected and
appoi ted officials have basic standards established by which to guide their conduct; and
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
oynton Beach, Florida, as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption hereof.
SECTION 2. The City Commission hereby establishes the following core values
and standards of conduct for all elected and appointed officers of the City:
Core Values and Standards of conduct.
The term "public officer" means any person elected to the City
Commission or any person appointed to any City board.
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In furtherance of the public trust assumed by public officers.of the City
upon their election or appointment to public office or employme ,the following
standards of conduct shall be applicable to public officers of the ity:
(a) Core Values. Each public officer shal pledge his or her
commitment to the following core values of the City f Boynton Beach, as
follows:
(1) Diversity - A public officer will use e strengths that come from
our differences as we work toward e completion of our goals.
(2) Integrity - A public officer wi aemonstrate consistency in action
and words grounded in ethic conduct. Having the courage to do
the right thing and be will' g to be held accountable for our
decisions.
(3) Stewardship - A pu ic officer will practice responsible
management of lie and natural resources entrusted to our care.
(4) ublic officer will encourage the use of imagination
ideas and find improvements.
(b) Standar of Conduct. Each public officer shall pledge his or her
commitment to the fo owing standards of conduct of the City of Boynton Beach,
as follows:
(1) L adership by example. A public officer will display leadership
y:
Subscribing to the City of Boynton Beach standards of
conduct for Public Officers; and
B. Promoting a sense of community, community values, and
community spirit and by embracing diversity within the
community, while focusing 0 n the importance and values
of family; and
C. Practicing a "can do" attitude rather than an attitude of
negativity; and
D. Developing vision or focus on the future, and supporting
the achievement of vision; and
E. Being responsive; and
F. Recognizing and fostering leadership throughout the City
government and the residential and business communities
ofthe City; and
G. Balancing statesmanship and political and professional
goals; and
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(2)
(3)
H.
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g towards the
Maintaining a positive image, while wor
best interests of the City and its citizens.
Empowerment (mindset/orientation) attitud . A public officer will
display an empowerment attitude by:
A. Encouraging citizens to be a ve, responsible and informed
partners in City gove nt that function with public
officers of the City to ac eve a shared vision; and
B. Empowering City ad nistration to continuously improve
the quality of an the services provided by City
government; and
C. Encouraging entr preneurship by governing the City as a
successful, ethi I business model; and
D. Maximizing rvices while minimizing tax burdens on
citizens.
Customer focus nd involvement (volunteerism/action). A public
officer will ncourage and promote customer focus and
involvement y:
A. E couraging cItIzens and residents to be involved in
overnment and bridging the gap between City government
and community; and
Promoting specific avenues by which citizen input is
gathered and information is disseminated by the City; and
Encouraging citizen involvement in decision-making; and
Supporting data-based decision-making.
Continuous improvement. A public officer will work towards
continuous improvement through:
A. Self-improvement through education, personal growth, and
personal learning; and
B. Supporting process improvement in City systems and key
process improvements through knowledge-based decision-
making; and
C. Supporting and encouraging personal weUness and
professional development throughout City government; and
D. Supporting innovation through technology; and
E. Promoting effective use 0 f customer feedback to improve
quality of government and the providing of government
servIces.
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SECTION 3. This Resolution shall become effective immedia y upon its
passage and adoption.
PASSED AND ADOPTED THIS ~ day of September
ON BEACH, FLORIDA
Commissioner
Commissioner
Commissioner
TTEST:
City Clerk
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Meeting Minutes
Regular City Commission Meeting
Bovnton Beach. Florida
SeDtember16.2003
1. Proposed Resolution No. R03-164 Re: Establishing minimum
standards of conduct for public officers of the City
City Attorney Cherof read Proposed Resolution No. R03-164 by title only.
Vice Mayor Ferguson felt that this proposed resolution was superfluous. Commissioner Weiland
agreed.
Motion
Commissioner McKoy moved to approve Proposed Resolution No. R03-164. Commissioner
McCray seconded the motion that failed 2 to 3 with Mayor Broening, Vice Mayor Ferguson and
Commissioner Weiland dissenting.
D. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business, the meeting properly adjourned at 9:52 p.m.
Deputy City Clerk
(9/18/03)
"
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Section 3, Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
4 such decision shall not affect the remainder of this ordinance,
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5
Section 4.
Authority is hereby granted to codify said ordinance,
This ordinance shall become effective immediately upon passage,
6
Section 5,
7
FIRST READING this
day of
,2007,
8 SECOND, FINAL READING AND PASSAGE this_ day of
9 2007,
]0 CITY OF BOYNTON BEACH. FLORIDA
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Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
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"^
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26 ATTEST:
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30 Janet Prainito, City Clerk
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Commissioner - Carl McKoy
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34 (Corporate Seal)
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Page 2
XII, - LEGAL - 2nd Reading
Non-Development
ITEM 8,2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meetmg Dates
o April 17,2007
o May 1,2007
o May 15, 2007
o June 5, 2007
April 2, 2007 (Noon.) 0 June 19, 2007
April 16, 2007 (Noon) 0 July 3, 2007
April 30, 2007 (Noon) ~ July 17,2007
//d eL~
May] 4,2007 (Noon) I}(I August 7, 2007
;Lu/~~,
o Announcements/Presentations 0
o Administrative 0
o Consent Agenda ~
o Code Compliance & Legal Settlements 0
o Public Hearing 0
NA TURE OF
AGENDA ITEM
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)
City Manager's Report
New Business
Legal
Unfinished Business
'-'
RECOMMENDA TlON:
Modify the current City code to eliminate the surcharges on potable water rates during water shortage emetgencies.
EXPLANATION:
Currently, section 26-42(b) of the City's code mandates the imposition of surcharges for potable 'water use exceeding
9,000 gallons per month, whenever the South Florida Water Management District declares a water shortage
emergency. The intent of the new ordinance (07- ~ is to eliminate those surcharges, effective immediately.
PROGRAM IMPACT:
The surcharges promote water conservation. Elimination of the surcharges will remove any additional incentive to
conserve water during water shortage emergencies.
FISCAL IMP ACT:
Water sales revenues during emergency conditions will decrease as a result of eliminating the surcharge.
ALTERNATIVES:
1. Do not rescind the surcharge
2. Modify th code to grant the City Commission the option of imposing a
"-
emerge cy. ) "
\~r . . I ~:,.. ~S2;
, Department Head's Signature
rcharge during a water shortage
City Manager's Signature
Assistant to City Manager ~J
UTILITIES
Department Name
City Attorney I Finance
XC: Peter Mazzella (w/copy of attachment)
City Attorney
Finance
File
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ORDINANCE NO. 07-
AN ORDIN~~~CE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH~ FLORIDA
AMENDING CHAPTER 26~WATER~ SE'VERS AND
CITY UTILITIES~ AMENDING SECTIO:\' 26-42~
DELETING PARAGRAPH (B) RELATING TO THE
SURCHARGE FOR POTABLE 'VATER DURING THE
DECLAR4.TION OF A 'VATER SHORTAGE OR
'VATER SHORTAGE EMERGENCY; AND PROVIDING
FOR CONFLICTS~ SEVER4.BILITY~ CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the
best interest of the citizens and residents of the City to delete Chapter 26, Article III, Section
26-42(b), thereby rescinding the paragraph establishing a surcharge for potable \\'ater during
the declaration of a water shortage or water sh011age emergency;
NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH~ FLORIDA~ THAT:
Section 1.
Each Whereas clause set forth above IS true and correct and
incorporated herein by this reference.
Section 2,
That Chapter 26, i\rticle III. Section 26-42, entitled Declaration of
water shortage; water shortage emergency, is hereby amended in part by deleting paragraph
(b) as follows:
Sec. 26-42
Declaration of water shortage; water shortage emergency;
surcharge.
ill The declaration of a water shortage or water shortage emergency
within all or any part of the City of Boynton Beach by the governing board or the
executive director of the district shall invoke the provisions of this article, Lpon
such declaration, all water use restrictions or other measures adopted by the
district applicable to the City of Boynton Beach, or any portion thereof. shall be
subject to enforcement action pursuant to this article, Any violations of the
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provisions of Chapter 40E-21, Florida Administrative Code, or any order issued
pursuant thereto, shall be a violation of this article,
5
(b) Upon the declaration of a ,vater shortage or "vater ohortage
emergency as described in ea) abo':e, a surcharge shall be added to the charge for
potable water on all customers using more than 9,000 gallons per month, Charges
shall be applicable during the first billin; cJde following the declaruti on, and
shall remain in effect until the declaration is lifted, as fo11o-v:s:
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\Vater Shortage Phase
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II
III
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Percent Surcharge /\pplicd
15%
30~~
15%
60~~
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Section 3,
Each and every other provision of Chapter 26, not herein specifically
17 amended shall remain in full force and effect as previously enacted,
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Section 4,
All ordinances or parts of ordinances in conflict herewith be and the
19 same are hereby repealed,
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Section 5.
Should any section or provision of this ordinance or portion hereof,
21 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
22 invalid, such decision shall not affect the remainder of this ordinance,
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Section 6,
Authority is hereby granted to codify said ordinance,
Section 7,
This ordinance shall become effective immediately upon its passage
25 and adoption,
26 {REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLAJ\"K}
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FIRST READING this _ day of
,2007,
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SECONDI FINAL READING AND
.2007,
PASSAGE this
da\ of
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CITY OF BOYNTON BEACH. FLORIDA
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Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
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Commissioner - Ronald Weiland
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Commissioner - Mack McCray
Commissioner - Carl McKoy
j1. I...A.TTEST:
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27 Janet M, Prainito, CMC
28 City Clerk
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(CORPOR.:'\,TE SEAL)
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