Agenda 11-05-08
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
NOVEMBER 5, 2008
Jerry Taylor
Mayor - At Large
Jose Rodriguez
Vice Mayor - District III
Ron Weiland
Commissioner - District I
Woodrow Hay
Commissioner - District II
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof DISTRI T I
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
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GENERAL RULES & PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, 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).
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City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
November 5, 2008 6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Reverend Randall Gill, First Presbyterian Church
C. Pledge of Allegiance to the Flag led by Vice Mayor Rodriguez
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
IV. PUBUC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE UMITED 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>
1
Agenda
Regular City Commission
Boynton Beach, FL November 5, 2008
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08
IV Ross Cemetery Board Alt 1 yr term to 12/08 Tabled (3)
IV Ross Code Compliance Board Alt 1 yr term to 12/08 Tabled (3)
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08
II Hay Community Relations Board Alt 1 yr term to 12/08
Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3)
III Rodriguez Library Board Alt 1 yr term to 12/08 Tabled (2)
II Hay Library Board Reg 3 yr term to 12/09 Tabled (2)
II Hay Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (2)
I Weiland Recreation & Parks Advisory Board Reg 3 yr term to 12/09 Tabled (3)
III Rodriguez Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (2)
III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2)
IV Ross Veterans Advisory Commission Reg 3 yr term to 12/08 Tabled (2)
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. Regular City Commission - October 21, 2008
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Award Bid #069-2821-08/0D, "Southeast Federal Highway Corridor
Infrastructure Improvement Project", to Chaz Equipment, Inc., and
execute a contract in the amount of $598,455.45 plus an owner's
contingency of 10% in the amount of $59,800 for a total project budget
appropriation of $658,255.45. (Proposed Resolution No. R08-125)
2
Agenda
Regular City Commission
Boynton Beach, FL November 5, 2008
2. Award Bid #059-2821-08/0D for "ANNUAL SUPPLY OF SODIUM
HYDROXIDE (LIQUID CAUSTIC SODA)" to ALLIED UNIVERSAL
CORPORATION of Miami, FL. Contract period: November 6, 2008 to
November 5, 2009 with an estimated annual expenditure of $230,000.
C. Resolutions
1. Proposed Resolution No. R08-126 RE: Approving and
adopting a Subordination Policy for use in the City of Boynton Beach
Community Improvement Housing Programs.
2. Proposed Resolution No. R08-127 RE: Approving and
recognizing the "Building Citizenship in the Community: Back to Basics"
initiative of the Florida League of Cities, Inc., and pledging support for
the statewide effort.
D. Authorize the use of $600 from Commissioner Weiland's Community Investment
Fund for the School District of Palm Beach County, The Education Network,
T.E.N., to assist students in our community with first quality TV productions to
showcase their talents.
E. Authorize the use of $500 from Commissioner Ross's Community Investment
Fund for the School District of Palm Beach County, The Education Network,
T.E.N., to assist students in our community with first quality TV productions to
showcase their talents.
F. Accept the written report to Commission of purchases over $10,000 for the
months of August and September, 2008.
G. Approve payment in the amount of $46,302 to Nowlen, Holt & Miner, P.A.,
Certified Public Accountants, the City's auditors, for excess time incurred in
completing the audit for fiscal year ended September 30, 2007.
VII. CODE COMPLIANCE & LEGAL SETrLEMENTS:
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.
None
3
Agenda
Regular City Commission November 5, 2008
Boynton Beach, FL
IX. CITY MANAGER'S REPORT:
A. Discussion of Neighborhood Stabilization Program (NSP) Options
X. FUTURE AGENDA ITEMS:
A. S.E. 4th Street Corridor Improvement Project - Review and discussion of project
scope and budget - November 18, 2008
B. Report on Tow Contractor Meeting - November 18, 2008
C. Provide City Staff with policy guidance regarding the degree and breadth of
"green" elements to be designed into the new Police Facility located at the
intersection of High Ridge Road and Gateway Boulevard - November 18, 2008
D. Nautica/Meadows/Quantum Parks - November 18, 2008
E. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008
F. Review of NE 1th Avenue Canal - (Tabled on September J8, 2008 to
December 2, 2008)
G. Report on available mechanisms to save the Old High School - December 2,
2008
H. Options for Hurricane Protection Project for 1913 Schoolhouse Children's
Museum - December 2, 2008
1. 2008 Recreation and Parks Strategic Plan Update - January, 2009
J. Report on cost sharing options for take-home vehicles - January 2009 (In
conjunction with continued budget discussions)
K. Approve donations to the Juvenile Transition Center in the amount of $6,500
from the Police Department's Law Enforcement Trust Fund (Tabled on August
5, 2008)
XI. NEW BUSINESS:
A. Provide direction regarding continuation or modification of the current CRA Board
configuration
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
4
Agenda
Regular City Commission November 5, 2008
Boynton Beach, FL
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 08-031 RE: Amending
Part II, Chapter 10, "Refuse and Abandoned Property" by enacting a new
Article IV. "Property Maintenance Requirements" to provide for standards
for the maintenance of residential and non-residential properties within
the City; repealing City of Boynton Beach Code of Ordinances Part III,
Chapter 20, Article I, Section 8, "Building Security Code"; Article II,
"Electrical Code", Article VIII, "Housing", Section 1, "Generally", Section
2, "Minimum Standards" and Article IX, "Swimming Pools and Spas".
(Tabled on October 21, 2008)
2. Proposed Ordinance No. 08-032 RE: Amending
Section 10-30 of the City's Code of Ordinances, Garbage, Trash and
Offensive Conditions, Article II, Refuse, Garbage and Trash allowing for
rate increase.
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, 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 AUXIUARY 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 PAM WELSH, (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 10-27-08 4 P.M. S:\CC\ WP\CCAGENDA \AGENDAS\ YEAR 2008\11 0508.DOC
5
V. ADMINISTRATIVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 11/5/08
Last Name First 1st Choice 2nd Choice 3rc1 Choice
Name
Dwork Jonathan Planninq & Dev. Bd.
Caudell Scott Police Officers' Retirement
Trust Fund
Grace Joyce Arts Commission
Norfus Victor Planninq & Dev Bd.
Timm H. Warren Planning & Dev Bd.
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VI.-CONSENT AGENDA
ITEM B.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o August 19,2008 August 4,2008 (Noon) o October 21, 2008 October 6, 2008 (Noon)
o September 2, 2008 August 18,2008 (Noon) [gI November 5, 2008 October 20,2008 (Noon)
o September 18, 2008 September 2,2008 (Noon) o November 18, 2008 November 3, 2008 (Noon)
o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (Noon)
~
0 .....
no,
0) --.(
-t
0 AnnouncementslPresentations [gI City Manager's Report <:) -<e
('")
NATURE OF 0 Administrative 0 New Business --f C")""
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- ""a.
AGENDA ITEM Kl Consent Agenda 0 Legal ....... ::0-<:
0 0 Unfinished Business :Do ~Z
Code Compliance & Legal Settlements en-1
:w: 00
0 Public Hearing 0 Ci? .,,%
..,,-
en (i/11
RECOMMENDATION: UI rrli
Motion to award Bid #069-2821-08/CJD, "SOUTHEAST FEDERAL HIGHWAY CORRIDOR
INFRASTRUCTURE IMPROVEMENT PROJECT", to Chaz Equipment, Inc., and execute a
contract by resolution in the amount of $598, 455.45. Also, approve an owner's contingency of
10% in the amount of $59,800.00 for a total project budget appropriation of $658,255.45.
EXPLANA TION:
The Southeast Federal Highway Corridor (SEF) project is geographically located and/or bounded
by Greenbriar Drive on the north, US 1 on the west, Intracoastal Waterway on the east, and
Riviera Drive on the south. The infrastructure improvements include approximately 4,800 linear
feet of 6-inch water main installation, valves, service connections, and fire hydrants; installation of
stormwater Type C inlet boxes, approximately 1,000 linear feet of stormwater pipe and swale
construction.
Originally, the estimated value of the bid was $6.4M, however due to market conditions and the
Interlocal Agreement with the CRA, the bulk of the project (SE 12TH Avenue and 4TH Street) was
deleted from the bid scope and discussions between the City and the CRA are continuing to re-
configure the SE 12TH Avenue and SE 4TH Street components.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.OOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
Eleven (11) bids were received and opened by Procurement Services on September 23, 2008.
Copies of the bid proposals were submitted to the Utilities Department and Post, Buckley, Shue &
Jerginan (PBS&J) for review and evaluation. Due diligence and reference checks were performed
on the apparent low bidder and favorable responses were received from all parties. Chaz
Equipment, Inc. has performed several successful utility infrastructure improvement projects for
the City in the past.
We concur with PBS&J and recommend awarding this contract to Chaz Equipment, Inc. as the
lowest, most responsive, responsible bidder who meets all specifications and whose bid is in the
best interest of the City.
FISCAL IMPACT:
Funds are available as follows:
Account Number Project Number
406-5000-590-65-02 WTR124
406-5000-590-65-09 STM030
406-5000-590-65-04 SWR100
Bid Contract Amount $598,455.45
10% Contingency $59,800.00 --....-._.'"~,~~
Total Budget Appropriation $658,255.45
Under the original project scope, which included the SE 4TH Street infrastructure improvements,
the Utilities Department applied for and received approval of a $750,000 grant from the Lake
Worth Lagoon Partnership Grant Program for storm water improvements funded by the
Department of Environmental Resources Management (DERM). The grant agreement was
approved by the City Commission on April 1, 2008, R08-040. The City must verify $1,500,000 in
construction expenditures for matching funds to receive the full grant funding.
This portion of the project at $598,455.45, will require the Utilities Department to work closely
with DERM to determine the value of grant funding for the project.
S:'SULLETIN\FORMS'AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES:
The SEF project will provide a better quality of life within the community by providing
improvements to existing utilities infrastructure, upgrading the project areas fire fighting
elements and prevent further nuisance flooding along several sections within the project area and
the installation of pollution control devices to help improve our environment.
jL~ ~,
Kurt Bressner,
City Manager
~ /~~
Utilities Department
Department Name
Attachments
xc: ~eter Mazzella, Deputy Director Utilities
Chris Roschek, Engineering Division Manager
~paul Fleming, Sr. Project Manager
Barb Conboy, Manager, Utilities Administration
Procurement Services
PMT File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 I RESOLllTION NO. R08-/~. ;:
2,
3 A RESOLllTION OF THE CITY OF BO\'NTON
4 BEACH, FLORIDA, APPROVING THE A \\lARD AN D
Si EXECUTION BY THE CITY MANAGER AND CITY
6 CLERK OF A CONTRACT TO CHAZ EQUIPMENT,
7 INC., FOR BID #069-2821-08/CJD, "SOUTHEAST
8 FEDERAL HIGHWAY CORRIDOR
9 INFRASTRUCTURE IMPROVEMENT PROJECT", 11\
10 THE AMOUNT OF $598,455.45 WITH AN OWNER'S
11 CONTINGENCY OF 10% IN THE AMOUNT OF
12 $59,800.00 FOR A TOTAL BUDGET APPROPRIATION
13 OF $658,255.45; AND PROVIDING AN EFFECTIVE
14 DATE.
15
16
17 WHEREAS, on September 23, 2008, Procurement Services opened and tabulated
18 eleven (11) bids in response to #069-2821-08/CJD for '.Southeast Federal Highway Corridor
19 Infrastructure Improvement Project": and
20 WHEREAS, copies of the bid proposals were submitted to the Utilities
I
21 Department and Post Buckley, Shue & Jerginan for review and evaluation. It has heen
22 determined appropriate by statY to recommend award of this contract to Chaz Equipment.
23 Inc., whose proposal was overall responsive and responsible proposer; and
24 WHEREAS, the City Commission of the City of Bovnton Beach upon
25\ recommendation of statY, deems it to be in the best interest of the citizens of the Clt\ of
26 Boynton Beach to award and authorize execution of a contract to Chaz Equipment. Ine . for
27 Bid#069-2821-08/CJD, in the amount of $598,455.45 with an owner's eontingenc) of
28 $59,800.00 for a total budget appropriation of $658,255.45.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
I
I S ICAIRESOlAgreementslBld AwardslAward Cuntract to Chaz EqUipment doc
I
i
1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct 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 and City Clerk
6 of a contract to Chaz Equipment, Inc., for Bid#069-2821-08/CJD, in the amount of
7 $598,455.45 with an owner's contingency of $59,800.00 for a total budget appropriation of
8 $658,255.45, a copy of which is attached hereto as Exhibit "A".
9 Section 3. This Resolution shall become effective immediately upon passage.
10 PASSED AND ADOPTED this _ day of November, 2008.
11
12 CITY OF BOYNTON BEACH, FLORIDA
13
14
15 Mayor - Jerry Taylor
16
17
18 Vice Mayor - Jose Rodriguez
19
20
21 Commissioner - Ronald Weiland
22
23
24 Commissioner - Woodrow L. Hay
25
26
27 Commissioner - Marlene Ross
28 ATTEST:
29
30
31 Janet M. Prainito, CMC
32 City Clerk
33
34 (Corporate Seal)
S:ICAIRESOlAgreementslBid AwardslAward Contract to Chaz Equipment doc
PBS'
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An employee-owned company
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Transmitted Via: c.s. Mail/Facsimile R~;:'
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September 29,2008
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Paul Fleming
Boynton Beach Utilities Department ' . ."t"\\ \~\r:t"
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124 E Woolbright Rd nYN"'l".",~~ ,.;,"1-"1 \.;; '~,\', l.",.
B\.i . , . \ ur ~n...:'l'~"'" . "
Boynton Beach, FL 33435
Re: Southeast Federal Highway Conidor Infrastructure Improvement Project
Bid #069-282I-08/CJD
File: 140497.00 #11.0
Dear Mr. Fleming
On September 23, 2008, the City received eleven bids for the above referenced project. The low
bidder was Chaz Equipment (Chaz). The following are the bid prices received in order from lowest
to highest:
, IlIlIp.lIl.- illU
1. Chaz $ 598,455.45
2. Man Con $ 648,731.50
3. Asphalt Consultants $ 681,781.00
4. Master Excavators $ 714,069.50
5. B&B $ 728,805.00
6. American Engineering $ 744,621.00
7. Centerline $ 748,598.75
8. H&D Construction $ 769,666.75
9. H&J Contracting $ 794,819.00
10. Community Asphalt S 908,171.00
11. Foster Marine $1,011,872.00
Chaz Equipment provided the bid forms required within the Contract Documents. PBS&J contacted
the following references for Chaz Equipment based on the projects Chaz Equipment provided:
. Mr. Raphael Ballesetero of the City of Del ray Beach. Mr. Balesetero has worked with Chaz
Equipment on a number ofprojects and was very positive regarding their work. "Chaz is a
good contractor. They start a job with the intent to finish not to look for changes. .,
. Mr. Keith Haas of the Seacoast Utility Authority had the same opinion. He worked with
2001 Northwest 107th Avenue. Miami, Florida 33172-2507' Telephone 305.592.7275. Fax 305.597.9446. wwwpbsjcom
Ms. Hong Guo
Page 2
September 29, 2008
Chaz on a number of critical projects and described Chas as "perfect".
Chaz's bid was lower than the Engineer's Estimate of Probable Construction Costs. Based on the
above, PBS&J recommends that the City enter contract negotiations with the lowest bidder, Chaz,
for $ 598,455.45.
If you have any questions, please call me at (305) 514-3325.
Very Truly Yours,
PBS&J
~~~
Alessandra Delfico, P .E.
Senior Engineer
PBSI
BID TITLE: SOUTHEAST FEDERAL HIGHWAY CORRIDOR
INFRASTRUCTURE IMPROVEMENT PROJECT
BID NUMBER: 069-2821-08/CJD
PROJECT NUMBER: WTR124, STM030, SWRIOO & REU002
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 5th day of November . 2008, by and between the
CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the
"CITY" or "OWNER" and Chaz Equipment. Ine,
a Florida Corporation (_X _) Check One
a Florida General Partnership L-)
a Florida Limited Partnership (_)
a Sole Proprietor (_)
hereinafter called "CONTRACTOR".
WITNESSETH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project"l
identified by the bid title, bid number and project number listed above and commonly referred to as:
SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE
IMPROVEMENT PROJECT
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 23rd day of September. 2008. for the total bid amount of $598,455.45;
and,
WHEREAS, On the 5th day of November, 2008, the City Commission designated
contractor as having submitted the bid that was most advantageous to the City and authorized the
execution of this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within 450 calendar days as specified in the Notice to Proceed,
subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
Utilities Department C-l Revised 07-] ] -08
1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's bid.
1.1.4. Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless otherwise provided, all time frames referenced in all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. The "Contract Documents" are the compilation of the following individual
documents which are hereby not listed in any order of precedence.
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6 Special Conditions for City-Furnished Materials
2.2.7 Terms and Conditions for City-Furnished Materials, Attachment B
2.2.8 Construction Contract
2.2.9 Certificate of Insurance
2.2.10 Public Construction Bond
2.2.11 Technical Specifications
2.2.12 Contract Drawings and Plans
2.2.13 Addenda
2.2.14 Written directives or interpretations
2.2.15 Manufacturers warranties
Utilities Department C-2 Revised 07-11-08
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools.
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance \>,/ith the conditions and
prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.2.1 Comply with provisions in Special Conditions and Terms and
Conditions for City-Furnished Materials.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with
a copy of his Public Construction Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records te'
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time of issuance.
3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in
the General Conditions for Construction GC-24, WARRANTY. Warranty
period shall commence with date of final acceptance as set forth in the
Technical S peci fi cati ons for Construction 01700, EXECUTION
REQUIREMENTS.
3.1.6. Comply with the provisions of Section 255.05. Florida Statutes, if
applicable.
3.1. 7. Pay promptly, before final settlement, any and all claims or liens b\
subcontractors or material suppliers, incurred in and about this work.
3.1.8. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
cOl1l1ection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
Utilities Department ro ~ Revised 07-11-08
\~ --'
3.1.9. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) of the
Award of the Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 450
calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages, the amount stipulated in Section 6.0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantial Completion.
5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
Utilities Department C-4 Revised 07-11-08
proposal, and for such others as the Project Engineer may direct. and shali~w
employ any that CITY may, within a reasonable time, object to as Illcompetenl ll1
as unfit.
6. LIQUIDATED DAMAGES
6.l. The CONTRACTOR further agrees to pay $1,500.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the
"Notice to Proceed" or failure to achieve Substantial Completion within 450
calendar days from the Commencement Date as indicated in the written "Notice to
Proceed". The CITY shall have the right to deduct said liquidated damages from
any amount due, or that may become due the CONTRACTOR, or to collect such
liquidated damages from the CONTRACTOR or his Surety.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR \vithin the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Technical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
8.2. CONTRACTOR shall indemnify and save harmless and defend CIT'Y', its agents.
servants and employees from against any kind and all causes, claims, demands.
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
Utilities Department C-5 Revlsed 07-11-08
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the msurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1 The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly. At the City's discretion, the City may make direct
purchases of any materials and equipment purchased for, or to be
incorporated into the Project, as determined by the City.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND
UNDERSTANDS THE ABOVE PROVISION.
INITIALS
Utilities Department C-6 Revised 07-11-08
All such work shall be executed under the conditions of the onginal Contrac1
Any claim for extension of time caused thereb.y shall be made in writing at
time such change is ordered. Changes in the work must be processed as set forth
In the General Conditions for Construction GC -46, FIELD CHANCE
DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order
shall be authorized by the Project Manager if the Contractor has added language
to the Field Change Directive or Change Order or to any cover letter, c-maI i.
facsimile, or other written document which accompanies the Field Change
Directive or Change Order in which the contractor attempts to reserve any futLlrt'
right or claim arising out of the work which is the subject of the Field Change
Directive or Change Order. If the Contractor adds such language. the Project
Manager shall secure specific written authorization from the City Manager c;
office before executing the Field Change Directive or Change Order
10.2 Al change orders and adjustments shall be in writing and approved by the Project
Manager, othetwise, no claim for extras will be allowed.
10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
11 PROJECT ENGINEER
11.1 The En2ineer of Record is PBS&J. Alessandra Delfico. P.E.
11.2 Throu2hout the contract documents. all references to the En2ineer of Record
shall apply to PBS&J. Alessandra Delfico. P.E.
11.3 The Proiect En2ineer ("En2ineer") is Mathews Consultin2. Inc.. David L.
Mathews. P.E.
11.4 The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CIT'{
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.5 As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
Utilities Department C-7 Revised 07-11-08
11.6 In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
11.7 Throughout the contract documents, all references to the Project Engineer
and/or Engineer shall apply to Mathews Consulting, Inc., David L. Mathews,
P.E.
12 INSURANCE
12.1 The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
13 CONTRACT ,CONTROLS
13.1 This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
13.2 In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the Proj ect Manager. In reconciling conflicting provisions of the Contract
Documents, the Contract shall have the greatest weight, followed by the General
Conditions for Construction, technical specifications, and finally b and finally by
the balance of the Contract Documents.
14 TIME OF ESSENCE
14.1 Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to 'comp1ete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the Contract.
15 REMEDY FOR DELAY
15.1 In the event of any delay in the project caused by any act or omission of the CITY,
its agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
proj ect.
15.2 NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
Utilities Department C-8 Revised 07 -11-08
CONTRACTOR hereby acknowledges that he has read and understands the above
provision.
INITIALS
15.3 Failure on the part of CONTRACTOR to timely process a request for all
extension of time to complete the work shall constitute a waIver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4 All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIME/NO DAMAGES FOR DELAY.
15.5 For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16 DISPUTES
16.1 Disputes shall be resolved as set forth in the General Conditions for Construction
GC -18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
Utilities Department C-9 ReVIsed 07-] ! -08
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
City Manager
Attest: Approved as to Form:
City Clerk City Attorney
Signed, sealed and witnessed CONTRACTOR
in the presence of:
President or Vice President
Attest as to CONTRACTOR
State of Florida )
) ss:
County of Palm Beach )
On this day of , 20_, personally appeared before me, duly authorized
to administer oaths, known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
Notary Public
My Commission Expires:
Utilities Department C-lO Revised 07-11-08
r
~ ~ -- ,--
Paul M. Fleming, Manager
SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
CliAZ EQUIPMENT COMPANY, INC. - LOWEST, MOST RESPONSIVE, RESPONSIBLE
"Offers from the vendors listed herein are the only offersB IDDER WHO MEETS ALL SPEC 1 F 1 -
BID DUE DATE: SEPTEMBER 23,2008 received timely as of the above receiving date and time. CATION AND WHOSE BID IS IN THE
BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation. BEST INTEREST OF THE CITY.
BID # 069-2821-08/CJD if any, are hereby rejected as late"
VENDORS American Engineering & Development Corp Asphalt Consultant Inc. B & B Underground Contractors
15075 Corporate Rd., North 880 Northwest 1 st Ave. 6900 Dwight Road
Jupiter, FL 33478 Boca Raton, FL 33432 West Palm Beach, FL 33411
Attn: John R. Sunderman Attn: Chris Baczewski Attn: A. O'Neal Bates
Telephone: 561-242-9770 Telephone: 561-368-5797 Telephone: 561-682-3310
Fax: 561-242-9680 Fax: 561-750-8596 Fax: 561-682-3004
RECEIPT OF ADDENDUM # 1 Yes Yes Yes
RECEIPT OF ADDENDUM #2 Yes Yes Yes
---- ......~~
RECEIPT OF ADDENDUM #3 Yes Yes Yes
$728,805.00 -
PROPOSAL (REVISED PROPOSAL PAGE) $744,621.00 $681,781.00
(FROM ADDENDUM #3)
- Yes --'.."--'-~ ----- Yes '-~~-- "-~-' -, ~
es
SUBMITTED
Yes es es
SUBMITTED
5% BID BOND SUBMITTED Western Surety Company Travelers Casualty & Surety Westfield Insurance Company
Company of America
"'"'~Q-,"'_-~---' ._-'---'~'-'~'- .--'._-----,-_. ,.. ~~.,. ._~._-_.- ~...~._~__~f_.~~_ _.'~~- --
STATEMENT OF QUALIFICATIONS Yes Yes Yes
SUBMITTED
I
._-- ..'~" ,,_..._.,^,...._.'""_.__i___.._ _ ~".- -,--~- 1
NON-COLLUSION AFFIDAVIT Yes Yes
SUBMITTED
,,-_.,., i
ANTI-KICKBACK AFFIDAVIT Yes Yes Yes 1
i
SUBMITTED I
I
M~__'___.-.__---_...-,.,- - -. .. .._~_._---'~ --- ----- ------_.---_.".._.._~ -,._---~~"'- J
SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID DUE DATE: SEPTEMBER 23, 2008 received timely as of the above receiving date and time.
BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 069-2821-08/CJD if any, are hereby rejected as lale"
VENDORS American Engineering & Development Corp Asphalt Consultant Inc. B & B Underground Contractors
15075 Corporate Rd., North 880 Northwest 1 st Ave. 6900 Dwight Road
Jupiter, FL 33478 Boca Raton, FL 33432 West Palm Beach, FL 33411
Attn: John R. Sunderman Attn: Chris Baczewski Attn: A. O'Neal Bates
Telephone: 561-242-9770 Telephone: 561-368-5797 Telephone: 561-682-3310
Fax: 561-242-9680 Fax: 561-750-8596 Fax: 561-682-3004
CONFIRMATION OF MINORITY OWNED Yes/Not a Minority Owned Yes/Not a minority Owned Yes/Not a Minority Owned
BUSINESS Business Business Business
CONFIRMATION OF A DRUG FREE Yes Yes Yes
WORKPLACE SUBMITTED
TRENCH SAFETY ACT SUBMITTED Yes Yes Yes
SAFETY PROGRAM COMPLIANCE Yes Yes Yes
SUBMITTED
SCHEDULE OF SUBCONTRACTORS Yes Yes Yes
SUBMITTED
SITE INSPECTION FORM Yes Yes Yes
SUBMITTED
EVIDENCE OF POSSESSION OF REQ'D Yes Yes Yes
LICENSES AND/OR BUSINESS PERMITS
SUBMITTED
COMMENTS
SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID DUE DATE: SEPTEMBER 23, 2008 received timely as of the above receiving date and time.
BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 069-2821-08/CJD if a e hereby rejected as late"
VENDORS Centerline Utilities Chaz Equipment Co. Inc. Community Asphalt Corp.
15159 101 st Terrace N. 3180 Fairlane Farms Rd. Ste 1 7795 Hooper Road
Jupiter, FL 33478 Wellington, FL 33414 West Palm Beach, FL 33411
Attn: Frederick H. Chesney Attn: Robert H. Wight AUn: John Norris
Telephone: 561-689-3917 Telephone: 561-333-2109 Telephone: 561-790-6467
Fax: 561-689-0017 Fax: 561-333-2180 Fax: 561-790-1073
RECEIPT OF ADDENDUM # 1 Yes Yes Yes
RECEIPT OF ADDENDUM #2 Yes Yes Yes
,-=,.,._-~~--
RECEIPT OF ADDENDUM #3 Yes Yes Yes
---~_.~--~-
PROPOSAL (REVISED PROPOSAL PAGE) $748,598.75 $598,455.45 $908,171.00
(FROM ADDENDUM #3)
es Yes --.------.'"
es
SUBMITTED
es es es
SUBMITTED
~---~- '-~'"
5% BID BOND SUBMITTED Western Surety Company Great American Insurance Company Travelers Casualty & Surety
of America
,~._.....,.__.__.~ ---~ .- "... .~.."..._..,"~._~-- -~-,~_.,~. ..- ~_._-,. "__~L"~~_ ~_._.---
STATEMENT OF QUALIFICATIONS Yes Yes Yes I
SUBMITTED
-- ~____.<"_~'_"___~ ____~______._"~.u~.__~_ Yes/Not Signed or notorized ~
NON-COLLUSION AFFIDAVIT Yes Yes
SUBMITTED
- -
ANTI-KICKBACK AFFIDAVIT Yes Yes Yes j
SUBMITTED I
i
-~'"".."-._._- --------,--,+'.--. ,--- ,. -'-...-.'.----."" ',. . "----'-- ._.._~...._.,,'"...---,~"'-_...- .._ .0'_'" j
SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID DUE DATE: SEPTEMBER 23, 2008 received timely as of the above receiving date and time.
BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # OS9-2821-08/CJD if any~ are hereby rejected as late"
..
.....'"
VENDORS Centerline Utilities , Chaz Equipment Co. Inc. Community Asphalt Corp.
15159 101st Terrace N. 3180 Fairlane Farms Rd. Ste 1 7795 Hooper Road
Jupiter, FL 33478 Wellington, FL 33414 West Palm Beach, FL 33411
Attn: Frederick H. Chesney Attn: Robert H. Wight Attn: John Norris
Telephone: 561-689-3917 Telephone: 561-333-2109 Telephone: 561-790-6467
Fax: 561-689-0017 Fax: 561-333-2180 Fax: 561-790-1073
CONFIRMATION OF MINORITY OWNED Yes/Not a Minority Owned Yes/Not a Minority Owned Yes/Not a Minority Owned
BUSINESS Business Business Business
CONFIRMATION OF A DRUG FREE Yes Yes Yes
WORKPLACE SUBMITTED
TRENCH SAFETY ACT SUBMITTED Yes Yes Yes
SAFETY PROGRAM COMPLIANCE Yes Yes Yes
SUBMITTED
SCHEDULE OF SUBCONTRACTORS Yes Yes Yes
SUBMITTED
SITE INSPECTION FORM Yes Yes Yes
SUBMITTED
EVIDENCE OF POSSESSION OF REQ'D Yes Yes Yes
LICENSES AND/OR BUSINESS PERMITS
SUBMITTED
COMMENTS
!
SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID DUE DATE: SEPTEMBER 23,2008 received timely as of the above receiving date and time.
BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation.
BID # 069-2821-08/CJD if any, are hereby rejected as late"
VENDORS Foster Marine Contractors, Inc. H & 0 Construction Company, Inc. H & J Contracting, Inc.
7313 Westport Place 1805 S. 25th Street Ste 2 3160 Fairlane Farms Rd.
West Palm Beach, FL 33413 Ft. Pierce, FL 34947 Wellington, FL 33414
Attn: Lary Brennen Attn: Michael Dihiacome Attn: Dino G. Marini II
Telephone: 561-683-0034 Telephone: 772-429-1620 Telephone: 561-791-1953
Fax: 561-683-0335 Fax: 772-429-1628 Fax: 561-795-9282
RECEIPT OF ADDENDUM # 1 Yes Yes Yes
...-
RECEIPT OF ADDENDUM #2 Yes Yes Yes
-~~-----
RECEIPT OF ADDENDUM #3 Yes Yes Yes
-~
PROPOSAL (REVISED PROPOSAL PAGE) $1,011,872.00 $769,666.75 $794,819.00
(FROM ADDENDUM #3) Corrected: $814,513.75
Yes Yes .._......'.'.~.'"~ ~-" Yes ._.--~-
~ ..~.. UNI (4) vv I'-V
SUBMITTED
Yes Yes .~
r- I:SAK VI '"'' I yes
SUBMITTED
. ..
5% BID BOND SUBMITTED Fidelity & Dep. Company of First Sealord Surety Inc. Liberty Mutual Insurance
Maryland Company
--_,"---'-~'-'~ ...._- _.._._-----~-... .. ----_.-
STATEMENT OF QUALIFICATIONS Yes Yes Yes
SUBMITTED
"~_._'--~ ^..----,...---- "~._-_.,.~.~~.""~---_.- --,~-_._'-~-_.~" .. -'--- --I
NON-COLLUSION AFFIDAVIT Yes Yes Yes
SUBMITTED
-_...- ~._---"--_. ,- _.- t-. .~
ANTI-KICKBACK AFFIDAVIT Yes Yes Yes i
SUBMITTED i
... .-.."..-"-"--.'.' . ---.----..- '--.--.-..-- .-.--.. .. ....-- --..------.--... ..-."." - -~~_.._~._._--'"". __A'._~'__"_'_"_".__ ~,_'._____.__. .~..________." ~ J
SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID DUE DATE: SEPTEMBER 23, 2008 received timely as of the above receiving date and time.
BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 069-2821-08/CJD if any, are hereby rejected as late"
VENDORS Foster Marine Contractors, Inc. H & D Construction Company, Inc. H & J Contracting, Inc.
7313 Westport Place 1805 S. 25th Street Ste 2 3160 Fairlane Farms Rd.
West Palm Beach, FL 33413 Ft. Pierce. FL 34947 Wellington, FL 33414
Attn: Lary Brennen Attn: Michael Dihiacome Attn: Dino G. Marini II
Telephone: 561-683-0034 Telephone: 772-429-1620 Telephone: 561-791-1953
CONFIRMATION OF MINORITY OWNED Yes/Not a Minority Owned Yes/Not a Minority Owned Yes/Not a Minority Owned
BUSINESS Business Business Business
CONFIRMATION OF A DRUG FREE Yes Yes Yes
WORKPLACE SUBMITTED
TRENCH SAFETY ACT SUBMITTED Yes Yes Yes
SAFETY PROGRAM COMPLIANCE Yes Yes Yes
SUBMITTED
SCHEDULE OF SUBCONTRACTORS Yes Yes Yes
SUBMITTED
SITE INSPECTION FORM Yes Yes Yes
SUBMITTED
EVIDENCE OF POSSESSION OF REQ'D Yes Yes Yes
LICENSES AND/OR BUSINESS PERMITS
SUBMITTED
COMMENTS
SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID DUE DATE: SEPTEMBER 23, 2008 received timely as of the above receiving date and time.
BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 069-2821-08/CJD if any, are hereby rejected as late"
VENDORS Man Con. Inc. Master Excavators, Inc.
3460 SW 11 th Street 9950 SW 168th Terrace
Deerfield Beach, FL 33442 Miami, FL 33157
Telephone: 954-427-0230 Telephone: 305-238-0119
Fax: 954-427-8133 Fax: 305-251-8301
Attn: Gu A. Mancini Attn: Marco Garcia-Menocal
RECEIPT OF ADDENDUM # 1 Yes Yes
RECEIPT OF ADDENDUM #2 Yes Yes
_.~""'-
RECEIPT OF ADDENDUM #3 Yes Yes
._~-~_.~, --"-"---'-'"-""'-'~' -_.-
PROPOSAL (REVISED PROPOSAL PAGE) $648,731.50 $714,069.50
(FROM ADDENDUM #3)
-- ....--_.- -_..~------_.",~-~_.-"<~.",------~-'
es es
SUBMITTED
es es
SUBMITTED
_.~.~_.~,.._-~~--~ ~"~ ---
5% BID BOND SUBMITTED The Hanover Ins. Company Developers Surety & Indemnity
Company
----- -- -_._~"_.<~~,_._~,._-_..~.."'-'~ -_. _. ~~=.__U~".____~"
STATEMENT OF QUALIFICATIONS Yes Yes
SUBMITTED
---~-,~. ._-.- -"._._".~,~ ~~~- --- --,-.--'-.-,-----'-.'.",-. I
NON-COLLUSION AFFIDAVIT Yes Yes
SUBMITTED
I
I
---..- -j
ANTI-KICKBACK AFFIDAVIT Yes Yes ~
!
ISUBMITTED !
--------,-,_...,..>--,...~"- ---_...._._"_.__._~, - '." ,~..._-_._~,...._,,---,---~_.,-~---,- J
SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
"Offers from the vendors listed herein are the only offers
BID DUE DATE: SEPTEMBER 23, 2008 received timely as of the above receiving date and time.
BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation.
BID # 069-2821-08/CJD if any, are hereby rejected as late"
VENDORS Man Con, Inc. Master Excavators, Inc.
3460 SW 11th Street 9950 SW 168th Terrace
Deerfield Beach, FL 33442 Miami, FL 33157
Telephone: 954-427-0230 Telephone: 305-238-0119
Fax: 954-427-8133 Fax: 305-251-8301
CONFIRMATION OF MINORITY OWNED Yes/Not a Minority Owned Yes/Not a Minority Owned
BUSINESS Business Business
CONFIRMATION OF A DRUG FREE Yes Yes
WORKPLACE SUBMITTED
TRENCH SAFETY ACT SUBMITTED Yes Yes
SAFETY PROGRAM COMPLIANCE Yes Yes
SUBMITTED
SCHEDULE OF SUBCONTRACTORS Yes Yes/None
SUBMITTED
SITE INSPECTION FORM Yes Yes
SUBMITTED
EVIDENCE OF POSSESSION OF REQ'D Yes Yes
LICENSES AND/OR BUSINESS PERMITS
SUBMITTED
COMMENTS
SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT I
81lJ #069-2821-081c.m
RECOMMENDATION
- CHAZ EQUIPMENT
SE Federal Hwy Corridor American Engineering and Aspbalt Consultants, Ine. a & B Underground Centerline Utilities, IDe. Chaz Equipment
Devdonment Corn. Contractors. Ine.
ITEM DESCRIPTION EST. UNITS UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE
oTY
SECTION 1 - WATER MAIN DISTRIBUTION SYSTEM IMPROVEMENT
11 F&I 6" DIP waler maio -_. 4.775 LF $ 40.00 $ ]9].000.00 $ 43.00 $ 205.325.00 $ 47.00 $ 224.425.00 $ 44.]5 $ 210.816.25 $ 36.25 $ 173.09375
12 F&I new fire hydrant assemblv 12 EA $ 3.200.00 $ 38,400.00 $ 3.790.00 $ 45.480.00 $ 3.000.00 $ 36,000.00 S 3.600.00 $ 43,200.00 $ 3.00000 $ 36.000.00
1.3 F&16" RWGV 8 EA $ 800.00 $ 6,400.00 S 850.00 S 6,800.00 $ 900.00 $ 7,200.00 S 1.000.00 $ 8,000.00 $ 750.00 $ 6.00000
1.4 F&I 6"X6" tanoinl! saddle & valve 4 EA $ 4.500.00 $ ]8,000.00 $ 3.355.00 $ 13,420.00 $ 3,000.00 S 12,000.00 $ 4,500.00 $ 18,000.00 $ 4.00000 $ 16,000.00
_. 1.5 F&II" water service installation (brass 65 EA $ 550.00 $ 35,750.00 $ 520.00 $ 33,800.00 $ 360.00 $ 23,400.00 $ 800.00 S 52000.00 $ 300.00 $ 19,500.00
1.6 F&I 1..5" water service installation brass 24 EA $ 775.00 S 18.600.00 S 860.00 $ 20,640.00 S 600.00 $ 14,400.00 S 1.300.00 S 31,200.00 $ 575.00 $ 13.800.00
1.7 F&ll" nolI nntablewater service~ 990 LF S 11.00 $ 10.890.00 S 5,00 S 4.950.00 S 22.00 $ 21,780.00 S 3.00 S 2,970.00 $ 3.25 $ 3.217.50
1.8 F&ll.5" palf Dotable water service ninl" 525 LF $ 12.00 S 6,300.00 S 6.00 $ 3,]50.00 $ 18.00 S 9,450.00 $ MO S ].050.00 $ 4.50 $ 2,362.50
1.9 F&ll" cooner ootahle water service niN" 880 LF S 18.00 S 15,840.00 S 12.00 S 10,560.00 S 28.00 $ 24.640.00 S 10.00 $ 8.800.00 $ 1100 S 9.680.00
110 FIB 1.5" conoer notable water service line 280 LF S 30.00 $ 8,400.00 S ]8.00 $ 5,040.00 S 30.00 S 8.400.00 $ 16.00 S 4.480.00 $ 16.00 $ 4.480.00
1.11 F&14" PVC nine sleevellon. side/no1;- 1.000 LF S 8.00 $ 8,000.00 S ]8.00 $ ] 8,000.00 $ ]5.00 S 15,000.00 S 4.00 S 4 000.00 $ 14.00 $ 14.000.00
1.12 F&I In-Davement water service-gate valve box 21 EA $ 225.00 $ 4,725.00 S 155.00 S 3,255.00 S 100.00 $ 2.100.00 S 250.00 S 5,250.00 $ 200.00 $ 4.200.00
1.13 F &1 oerrnanent sample stations 5 EA S ].225.00 S 6,]25.00 S ],300.00 S 6,500.00 S 1,300.00 S 6,500.00 $ 2.000.00 $ 10,000.00 $ 1.45000 $ 7.250.00
1.14 Install & remove 6" line~stcm- 4 EA S 4,275.00 $ ]7,]00.00 S 3.080.00 $ 12.320.00 S 300.00 $ ],200.00 $ 4.000.00 $ ] 6,000.00 $ 3.350.00 $ 13.400.00
SUB-TOTAL SECTION I $ 385.530.00 $ 389,240.00 $ 406,495.00 S 415.766.25 $ 322.983.75
SECTION 2 - STORMW ATER SYSTEM IMPROVEMENTS -- -.- -- I--- --
2.1 F &1 T vne C inlet oer FDOT 14 EA S 3,350.00 S 46.900.00 S 1.750.00 $ 24,500.00 S 2.400.00 $ 33,600.00 S 1,600.00 $ 22,400.00 $ U5000 $ 18.900.00
2.2 F&112" HDPE 345 LF $ 30.00 $ 10,350.00 S 31.00 $ 10.695.00 S 22.00 S 7.590.00 $ 32.00 $ 1],040.00 $ 3300 $ 11.385.00
r- 2.3 F&115" HOPE -~------ --- 440 Lf S 40.00 $ 17,600.00 $ 34.00 $ ]4,960.00 S 26.00 $ 11,440.00 S 34.00 $ ]4,960.00 $ 36.00 $ 15.840.00
L 2.4 F&112" RCP 95 LF $ 50.00 $ 4,750.00 $ 48.00 S .- 4560.00 $ 60.00 $ 5,700.00 $ 59.00 $ 5,605.00 S 4100 $ 3.895.00
Di F&115" RCP ---- . 35 Lf $ 55.00 S 1,925.00 $ 39.00 S 1.365.00 $ 100.00 S 3.500.00 $ 57.00 S ],995.00 $ 52.00 $ 1.820.00
t 2.6 F&I BMP 18F Snouts (w/o kits 2 EA S 750.00 S 1 500.00 S 615.00 $ 1,230.00 S 1.000.00 S 2,000.00 S 900.00 $ 1.800.00 $ 625,00 $-~
2.7 F&l BMP 12F Snouts w/o kits 1 EA $ 725,00 $ 725.00 $ 585.00 $ 585.00 S 950.00 $ 950.00 S 875.00 $ 875.00 $ 600.00 $ 600.00
2.8 Construct Swale 506 LF $ 11.00 $ 5,566.00 S 17.00 $ 8.602.00 S 20.00 $ 10,120.00 S 0.25 $ 126.50 $ 525 $ 2,656.50
~- 29 Connect to existinn draina;:;e - 3 . EA $ 1.675.00 S 5,025.00 $ 1.450.00 $ 4.350.00 $ 1,000.00 $ 3.000.00 $ 2,000.00 $ 6,000.00 $ ...~ et--~
2.10 Remove existinc drain;:;e structLires"- -.... ..2_ EA $ 400.00 S 800.00 $ 235.00 $ 470.00 $ 500.00 $ ] ,000.00 S 1.500.00 $ 3,000.00 $
~ SUB-TOTAL SECTION 2 -,---- $ 95.141.00 $ - 71,317.00 .. $ 78.900.00 $ 67.801.50 -- .!.."-~
ISECTION 5 - ROADWAY/SIDEWALK - -- --- - ----- - - --- _.
f-- --=t=95:: ._-
5.1 34(' S-III ASDhal1 overlay '- SY $ 7.25 $ 68.875.00 $ 5.60 $ 53,200.00 $ 6.00 S 57.000.00 $ 8.00 $ 76.000.00 700
$ $ 66.500.00
5.2 Asohalt millino 172 SY $ 40.00 $ 6,880.00 S 22.00 $ 3.784.00 S 30.00 $ 5.160.00 $ 23.00 $ 3.956.00 $ 9.10 $ 1.565.20
I..l.!..... Reolace oebble drive -.. ._-~ -' 15 SY $ 85.00 $ 975.00 $ 37.00 $ 555.00 $ 50.00 $ 750.00 $ 17.00 $ 255.00 $ 60.00 $ 900.00
L 5.4 Trench Recair . ._~=- =--_'M_~ ____ ~- CY $ 44.00 $ 66,880.00 $ 56.00 $ 85.120.00 $ 60.00 $ om_ 91.200.00 $ 50.00 $ 76,000.00 $ 4500 $ 68,400.00
~ 55 Reclace brick drive 30 SY $ 117.00 $ 3,510.00 $ 37.00 S 1.110.00 $ 40.00 $ 1,200.00 S 55.00 $ 1.650.00 $ 85.00 $ 2.550.00
! 5.6 Tvee 0 Curb r8"X18" with 6" curt;l- ~ LF S 55.00 S 7.975.00 $ 17.00 $ 2,465.00 $ 12.00 $ 1.740.00 $ 28.00 $ 4.060.00 $ .. 20.00 $ 2.900.00
r ---5'7 Concrete driveway apron (6" w/thick e~-~_ 630 -----SY $ 78.00 S 49.140.00 $ 50.00 $ 31.500.00 $ 45.00 $ 28.350.00 $ 70.00 $ 44.100.00 $ 6000 $ 37.800.00
1---=.=_- SUB-TOTAL SECTiON 5 _ __ -.---,- _._-- $ 204.235.00 $ 177.734.00 $ 185,400.00 - $ 206.021.00 $ 180.61520
--- ___.__,_______._.__ _____n___ ---._-- - -- ----- ~~--- '----~ .-...--. .---- ~_.- ---.---- ._~---~ -,_._-
~'aQe 1 of e
SOUTHEAST FEDERAL HIGHW A Y CORRIDOR INFRASTRUCTURE IMPROVEMENl r t<.OJECT
BID #069-2821-08/CJD
RECOMMENDATION
CHAZ EQUIPMENT
SE hderal Hwy Corridor AmericaD EnglDCt'riDg and Aspbalt Consultants, IDe. B & B Underground Centerline Utilities. loCo Chu Equipment
Develoomeat CoI'IL CODtnldon, b.t.
ITEM DESCRIPTION EST. UNITS UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE
OTY
SUMMARY SECTION 1,2'" 5
Section ( - Water Main $ 385530.00 $ 389240.00 $ 406.495.00 $ 415,766.25 $ 322.983.75
Section 2 - Stormwater $ 95141.00 $ 71.317.00 $ 78.900.00 $ 67 801.50 $ 60,346.50
lSection S - ROldwav $ 204235.00 $ 177 734.00 $ 185400.00 $ 206 021.00 S 180.615.20
SUB-TOTAL BASE BID- SECTION 1,2'" 5 $ 684906.00 $ 638291.00 $ 670,795.00 $ 689588.75 $ 563.945.45
GC-1 MOBIUZA TION/DEMOBILlA TION 5% 1 LS $ 34 235.00 S 34 235.00 $ 31680.00 $ 31 880.00 $ 30 000.00 $ 30 000.00 $ 30000.00 $ 30 000.00 $ 26000.00 $ 26 000.00
GC-2 NPDES 1.5% 1 LS $ 10 270.00 $ 10 270.00 $ 2 200.00 $ 2 200.00 $ 10 000.00 $ 10000.00 $ 8 000.00 $ 8 000.00 $ 500.00 $ 500.00
GC-3 RECORD DRAWINGS 1 LS $ 12200.00 $ 12200.00 $ 8600.00 $ 6 600.00 $ 15 000.00 $ 15000.00 $ 18 000.00 $ 18 000.00 $ 5000.00 $ 5000.00
1-1 INDEMNIFICATION 1 LS $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 S 10.00 S 10.00
ALLOWANCES
A-2 SFWMD DEWATERING PERMIT/FEE 1 LS Is 3000.00 $ 3 000,00 $ 3000.00 $ 3 000.00 $ 3 000.00
GRAND TOTAL - ALL ITEMS $ 744.621.00 $ 681.781.00 $ 728.805.00 $ 748,598.75 $ 598.455.45
Page2of6
SOUTHEAST FEDERAL HIGHW A Y CORRIDOR INFRASTRUCTURE IMPROVEMENT PRO.JECT - I
BlIJ #069.2821-08ICJD I
I
- . ---- - .-.-
SE Federal I-IW)' (orridor Community Asphalt Corp. Foster Marine Contractors, lne. H & D Construction Company H & J Contracting. IDe. Man COD. Inc.
ITEM DESCRIPTION ;;S~ UNITS UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE
SECTION I. WATER MAIN DISTRIBUTION SYSTEM IMPROVEMENT
e-. II F&16" DIPwatermam 4,775 LF S 59.00 S 281.725.00 S 56.00 S 267,400.00 S 50.00 S 238.750.00 S 52.50 S 250,687.50 S 37.00 S \76,675.00
12 f&lnewfuehvdnmtassemblv 12 EA $ 3,592.00 S 43.104.00 S 4,700.00 S 56,400.00 S 4.150.00 S 49,800.00 S 3.265.00 S 39,180.00 S 3.370.00 S 40,440.00
U F&16" RWGV 8 EA S 1,173.00 S 9.384.00 S 1.200.00 S 9,600.00 S 1.400,00 S 11,200.00 S 950,00 S 7,600.00 S 830,00 S 6,640.00
14 f&16"X6" tauum>saddle & valve 4 EA S 2,275.00 S 9,100,00 S 4.300.00 S 17,200,00 S 4,350.00 S 17,400.00 S 5.530.00 S 22.120.00 S 2.940.00 S 11,760.00
I 1.5 F&J I" water service installation (brasil 65 EA S 395.00 S 25,675.00 $ 800.00 S 52,000.00 S 850.00 $ :55)50.00 $ 630.00 $ 40,950.00 S 552.00 S 35,880,00
1.6 F&\ \.5" watenervice installation (hrass> 24 EA S 910.00 S 21.840.00 S 1.200.00 S 28,800.00 S 1,275.00 S 30.600.00 S 945,00 S 22,680.00 S 950,00 S 22,800,00
1.7 F&II"nolvnotablewaterserviceoioe 990 LF S 2.00 S 1,980.00 S 16.00 S 15.840.00 S 14.75 $ 14,602.50 S 11.00 S 10.890.00 S 10.50 S 10,395.00
1.8 F&11.5"no\vDOlablewaterservicenine 525 LF S 3.00 S 1,575.00 S 17.00 S 8.925.00 S 14.25 S 7,481.25 S 12.00 S 6,300.00 S 11.00 S 5.775.00
1.9 F&II"copperpotablewaterservice ,i~ 880 LF S 16.00 S 14,080.00 S 24.00 S 21120.00 S 21.00 S 18,480.00 S 19,00 S 16.720.00 S 21.00 S 18,480.00
UO FIB U"co=ootablewalerservicenine 280 LF S 30,00 S 8.400.00 S 30.00 $ 8.400.00 S 26.00 S 7280.00 S 24.00 S 6,720.00 S 28.00 S 7.840.00
UI F&14"PVC ,ipesleevellongsideloolv 1.000 LF S 9.00 S 9.000.00 S 19.00 S 19.000,00 S 14.25 S 14,250.00 S 3,00 S 3,000.00 S 15,00 S 15,000.00
U2 F&I in.""vemenl waler servicHate valve box 2\ EA S 269,00 S 5,649.00 S 500.00 S 10,500.00 S 770.00 S 16.170,00 S 395.00 S 8,295.00 S 220.00 S 4,620,00
U3 F&I pennenenl samolestatlOns 5 EA S 1,916,00 S 9,580.00 S 1.700.00 S 8.500.00 S 1,620.00 S 8,100.00 S 1,660.00 S 8.300.00 S 1.470.00 S 7,350.00
114 InstaIl&remove6"ltne.ston 4 EA S 6.586.00 S 26.344.00 S 6.300.00 S 25.200.00 S 2.925,00 S 11700.00 S 3.080,00 S 12.320.00 S 3,490.00 S 13,960,00
SUB.TOTAL SECTION I S 467,436.00 S 548.885.00 S 501.063,75 S 455,762,50 S 377.615.00
SECTION 2 - STORMW ATER SYSTEM IMPROVEMENTS U_ ...-
I 2.1 F&ITypeCmletperFUOl-- 14 EA S 2.036,00 S 28.504.00 S 3,800.00 S 53.200.00 S 2.250.00 S 31.500.00 S 2.300.00 S 32,200.00 S '.260.00 S 31.640.00
r 22 F&112" IIDPE ____,~"_.--- '45 LF S 35,00 S 12.075.00 S 60,00 S 20.700.00 S 43.00 S 14.835,00 S 26,00 S 8.970.00 S 36.50 S 12.592.50
1- 2.3 F&Il5" HOPE 440 LF S 37.00 S 16,280.00 S 62.00 S 27.280.00 S 45,00 S 19,800.00 S 27.00 S 11,880.00 S 43.80 S 19,272.00
L 24 F&I\2" RCP _ __ ____',,,'_. 95 - LF S 74.00 S 7,030.00 S 77,00 S 7315,00 S 52.00 S 4,940,00 S 36.00 S 3,420.00 S 71.00 S 6,745.00
I 2.5 F&115" RCP 35 LF S 88.00 S 3.080.00 S 66.00 S 2310.00 S 54.00 S 1,890.00 S 29,00 S 1.015.00 S 64.00 S 2,240.00
2.6 F&I 8MP 18F SnoutSlw,o kits --- 2 EA S 994.00 S 1.988.00 S 3.300.00 S 6.600,00 S \.400.00 S 2,800.00 S 740.00 S 1,480.00 S 700,00 S 1.400.00
LQ F&I BMP 12F Snouts (w/o kits) _"m __ 1 EA $ 922.00 S 922.00 S 3,200.00 S 3,200,00 S 1,875.00 S 1,875.00 S 695.00 S 695.00 S ."..64000 S 640.00
i_ 2.8 Construct Swale _~_~_ LF $ 15.00 S 7,590.00 S 17.00 S 8,602,00 S 9.50 S 4,807.00 S 3.00 S 1.518,00 S 13.00 S 6.578.00
, 29 Connect to existino drainage I 3 I EA $ 659.00 S 1,977.00 S 1.900.00 S 5.700.00 S 1.500.00 S 4,500.00 S 1.800.00 S 5,400.00 S 1.390.00 S 4.170.00
210 Remove exisbno drainane structures + 2 EA $ 958.00 S 1.916.00 S . \.900,00 S 3.800.00 S 3.000,00 S 6,000,00 S 715,00 S 1,430,00 S 700.00 S 1.400.00
SUB.TOTAL SECTION 2 _ _ ---l- $ 81.362.00 ___ ~__138,707,00 $ 92.947.00 $ 68.008,00 . _ $ 86.67750
_ ___ __ _ _ nu _L _ _ _ _' $ 48,100.00 on urooosal _ _ _ ____
SECTIONS.ROADWAY/SIDEWALK '''--r- _- _-,_ ___uu>__~ -' --- - -- --,
L 5.1 34f' S-III Asphalt overlav ____ ---.... _,f95OO1"sy $ 7.00 $ 66.500.00 $ 14,00 $ 133.000,00 $ 9.75 $ 92,625,00 $ 5.85 $ 55,575,00 $ 7.25 $ 68.875.00
~ 5.2 Asnhalt millino I 172 SV $ 13.00 $ 2,236.00 S 5.00 $ 880.00 $ 51.50 $ 8.858.00 $ 20.00 $ 3,440,00 $ 11,00 $ 1,892.00
i 53 Renlace pebble dnve -- ---T' 15 SY $ 132.00 $ 1,980.00 $ 26.00 $ 390.00 $ 250.00 $ 3.750.00 $ 80.00 $ 1.200.00 $ ---- 20.00 $ 300,00
L_..2.L_ Hench Repair. - __" _ :,:.1-"1520 I , CY $ 59.00 $ 89.680.00 $ 48.00 $ --72,960.00 $ _ 10,00 $ , 15.200,00 $ 75.00 $ 114,000,00 $ 27.00 $ -~~
I 5.5 Re lace bnck dnve I 30 I SY $ 84.00 $ 2.520.00 $ 69,00 $ 2,070.00 $ . ~ f+- 2,400,00 $ 45.00 $ 1.350,00 $ 65.00 $ 1,95000
r-' 5.6 Type D Cum (8"XI8" with 6" curbl "'1 -145T-' LF $ 24,00 $ 3,480,00 $ 50.00 $ 7,250.00 $ - 18.00 $ -'" 2.610.00 $ 14,30 $ 2.073.50 $ -'-~ T "'~
l. ' 57 Conelete drivewav aoron 16" w/lhick edge!....1-..._ 63..0. I . ..5..':_ cL- - 46,.00 $ 28.980.,00 $ -.- 48.00 $ 30.2.4.0,00 $ 35.00 $ .. - 22.050.00 $ 40.00 $ 25.200.00 $ 44,00 $ 27.720.00
IL: __~:OTALSECTIO~5 __" --t~. __=--__~ 195.~~~~ _____,__'_ $ 246:77~,00 '__ $ 147,493.00 _~_202,838.50 $ _'44.53200
SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
BID #069-2821-08/CJD
SE Federal Hwy Corridor Community Asphalt Corp. Foster Marine CODtracton, Int. H & D Construction Company H & J Contracting, IDe.. Man COD, IDe.
ITEM DESCRIPTION EST. UNITS UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST
on VALUE
SUMMARY SECTION I. Z & 5
Section 1- Water Main $ 467,436.00 $ 548.885.00 $ 501,063.75 $ 455.762.50 $ 377 615.00
Section 2. Stormwater $ 81,362.00 $ 138707.00 $ 92.947.00 $ 68008.00 $ 86.677.50
Section 5 - Roadwav $ 195.378.00 $ 246770.00 $ 147.493.00 $ 202.838.50 $ 144 532.00
SUB-TOTAL BASE BID - SECTION I, Z & 5 $ 744 174.00 $ 934.362.00 $ 741.503.75 $ 726 809.00 $ 608.824.50
GC-l MOBIUZA TION/DEMOBIUA TION 5% I LS $ 45000.00 $ 45 000.00 $ 48000.00 $ 48 000.00 I $ 30000.00 $ 30 000.00 $ 36250.00 $ 36 250.00 $ 29000.00 $ 29000.00
GC-2 NPDES 1.5% 1 LS $ 5987.00 $ 5987.00 $ 6 500.00 $ 6 500.00 $ 10000.00 $ 10000.00 $ 10 800.00 $ 10800.00 2 500.00 $ 2 500.00
GC-3 RECORD DRAWINGS I LS $ 110000.00 $ 110000.00 $ 20000.00 $ 20 000.00 $ 30000.00 $ 30000.00 $ 18150.00 $ 18150.00 5397.00 $ 5 397.00
I-I INDEMNIFICATION 1 LS $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00
ALLOWANCES
A-2 SFWMD DEWATERING PERMIT/FEE 1 LS $ 3 000.00 $ 3 000.00 $ 3 000.00 $ 3 000.00 $ 3 000.00 $ 3 000.00
GRAND TOTAL - ALL ITEMS $ 908.171.00 $ 1.011.872.00 Corrected $ $ 814.513.75 $ 794,819.00 $ 39907.00 $ 948.731.50
Page4of6
SOUTHEAST FEDERAL HIGHWAY CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJECT
BID #069-2821-08/CJIl
SE Federal 1Iw)' Conidor Master Excavators,lne. N/A N/A NfA N/A
ITEM DESCRIPTION ~~ UNITS UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE
I
SECTION I " WATER MAIN DISTRIBUTION SYSTEM IMPROVEMENT
II F&16" DIP water mam 4.775 LF S 61.50 S 293662.50 $ S $ $ S $ $ $
t.2 F&l new fire hvdrant as.semblv 12 EA $ 3,305.00 $ 39,660.00 S $ $ $ S $ $ $
IJ F&16" RWGV 8 EA S 1.020.00 S 8,160.00 $ $ S $ $ $ -.- S $
1.4 F&I 6"X6" tappin ,addle & valve 4 EA S 2.735.00 S 10,940.00 5 S $ $ -. $ $ $ $
I.5 F&I I" water 'elVlce m,t81latlOn (bras,) 65 EA S 569.00 S 36,985.00 S S $ S S S S S
1.6 F&I1.5"waterserviceinstaUation(brass) 24 EA S 942.00 S 22,608.00 S :) 5> $ $ $ $. $
1.7 F&II"POlvnotablewaterservicen;De 990 LF S 9.10 S 9,009.00 $ $ $ $ S $ $ S
1.8 F&I 1.5" POlv potable waterservice oioe 525 LF S 11.00 S 5,775.00 S S $ $ S $ S $
1.9 F&I l"coDDefDotablewaterwv;ce ,toe 880 LF S 10.50 $ 9,240.00 S $ $ S S $ $ $
LiD FIB 1.5" COODer notable water ,ervice mDe 280 LF S 16.00 $ 4,480.00 $ $ $ $ S $ $ S
Lil F&14" pve pipesleevellon. ,ide/nolv 1.000 Lf S 8.80 S 8800.00 S S $ $ $ $ $ $
1.12 F&! in~pavement water service gale valve box 21 EA S 25&.00 S 5,418.00 $ ~ S S $ $ $. S
1.13 F&I nennanent sample stations 5 EA S 990.00 S 4,950.00 $ $. $ $ $. $. $. $
1.14 Install & remove 6" line-stoD 4 EA S 3,490.00 S \3.%0.00 S $ $ $ $. $. $ $
SUB-TOTAL SECTION I $ 473,647.50 $ S $ $
SECTION 2- STORM WATER SVSTEM IMPROVEMENTS .._~~_ __ .- --
L~- F&I TVDe e inlet Der mOT - . 14 EA $ 2,960.00 S 41.440.00 $ $ $ $ $ $ _ $ $. --.-
I 2.2 F&I 12" HOPE 345 Lf S 29.00 $ 10,005.00 $ $ S $ $ $ $ $ .
!~. 2.3 F&I 15" HOPE ______~~_~ -- - 440 I.F $ 35.00 $ 15,400.00 $ $ ,,$.. $ . $ $. ..:. ~ .---'- ~------==
I 24 F&I 12" RCP ,_._ ._.._ 95 Lf $ 51.00 $ 4,845.00 $ ._-=-~__ __..--:. ~_.---:. ~~~, - $ . $ - $ .-'- ~...-----=-
2.5 F&I IS" RCP. 35 Lf S 48.00 $ 1.680.00 $ ---...:.t-4----- - $ . $ $. $ . $ . $ .-.- - .
2.6 F&I BMP 18F Snoutslwlo~" 2 EA $ 778.00 $ 1,556.00 $ $ . $ . S - S . S . $ - $ ------:
! 27 F&I aMP 12F Snoutslw/o kits 1 EA $ 749.00 $ 749.00 $ ._ -=-t--!.--- . $ . $ . $ . $ . S $--==
28 Construct Swale. __.._ 506 LF $ 10.00 $ 5,060.00 $ . $ ...-:. ~_---'- ~_ _.--:. ~-. -'-~. . $ . $
I 2.9 Connectloexistmodra,naoe _'._ 3 EA $ 1,485.00 $ 4,455.00 $ ~-=-~_ - $ ..:.~~-. . $ ----'-~ . $ $
I 210 Removeexistinadrainaaestructures _ 2 EA $ 913.00 $ 1,826.00 $ .$ --_~ i.~~ .. $.__. _..._ - ~~._-----_-.:.LJ---------=-~-_..- S
SUB"TOTAL SECTION 2 _ ____ $ 87.016.00 _ _.!... . .-_~~__~ ...~f--- $. $ .---
'SECTIONS-ROADWAY/SIDEWALK - -.-.. -..-~- - - -- -.-. ..-._~- ~~I------ -.-. f-------
_~_ .._....... .___ _ ____ - - -.---- .---f------ - _....,-- ~ - .-.f----- -~
51 34f'S-IIIAsphaIloverlay ...-..~---. 9500 SY $ 5.80 $ 55,100.00 $ .-.~.----~-. ~--$.~.-----:-'$-_. - .-~~-. $ $ .--~---
5.2 ASDhalt milling 172 SY $ S.50 $ 946.00 $ __.._ ~__ $ .:.->-L-- $ $ $ - $ .
f-- 5.3 Re lace pebble dnve ___._ 15 SY $ 32.00 $ 480.00 $ . $ $. - $ ,,$ $ .- -.--'- ~-~ $ --=--
; 5.4 Trencl1 Repalt . _ _.___. 1520 CY $ 17.00 $ 25.840.00 $ -'-_ ~_.. __. _,. ~._~ $ --__ $ .~- ~.----~- --
I 5.5 _ Reolacebnckdnve 30 SY $ 43.00 $ 1.290.00 $ --rL- ..u $ . $ - $ $...~. . 1$
~_._~ TvPe 0 Curb (B"XI8" wilh 6" curbl . 145 LF $ 11.00 $ 1.595.00 $ . _.c.. ~_ . __~. ..~$ ... _. __ - $ $ .~.!... .-.~- $.==
i 57 Concretedrivewavaoron 6"Wlth'IC.kedge). J.-..~-.- SY $ 31.50 $ 19,845.00 $ __~,_ _..-:._~. - $._ - $ $.. . -_._~ - L_..._~~
I SUB"TOTAL SECTION 5 n _..J ._. $ 105.096.00 -. _ ,.!---. - ..-....... $ _.: $ --- ---'-- ~ $ .
i . _~. .__ __. _._ ._._ .._._.__ L~_ ...__~L. __ ______ '-- __~__ __L-__.. L-. ~~. ...___ --~-- -. . ~ ._______..L.
':''-,1(,
SOUTHEAST FEDERAL HlGHW A Y CORRIDOR INFRASTRUCTURE IMPROVEMENT PROJI',CT
BID #069-2821-08/CJD
51!: Fed~nJ Hwy Corridor Muter Excavators.lnc. N/A N/A N/A N/A
ITEM DESCRIPTION EST. UNITS UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE UNIT COST VALUE
OTY
SUMMARY SECTION 1,2 I/< 5
Sectioa 1 - Water Main $ 473 647.50 $ $ $ $
S<<tioh 1- Stormwater $ 87.016.00 $ $ $ $
Section 5 . Roadwav $ 105096.00 $ $ $ $
SUB-TOTAL BASE BID -SECTION 1.2 &5 $ 665,759.50 $ $ $ $
GC-l MOBllIZA TION/DEMOBllIA TION 5% 1 LS $ 19000.00 $ 19 000.00 $ $ $ $ $ $ $ $
GC-2 NPDES 1.5% 1 LS $ 6200.00 $ 6 200.00 $ $ $ $ $ $ $ $ -
GC-3 RECORD DRAWINGS 1 LS $ 20 100.00 $ 20100.00 $ $ $ $ - $ $ $ $
1-' INDEMNIFICATION 1 LS $ 10.00 $ 10.00 $ $ $ $ $ $ $ $
ALLOWANCES
A-2 SFWMD DEWATERING PERMIT/FEE 1 LS $ 3 000.00 $ $ $ - $ $
GRAND TOTAL. ALL ITEMS $ 714.069.50 $ $ $ $ $ -
Page6of6
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VI.-CONSENT AGENDA
ITEM B.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meetinll: Dates in to City Clerk's Office
0 August 19, 2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon)
0 September 2, 2008 August 18,2008 (Noon) !8J November 5,2008 October 20,2008 (Noon)
0 September 16, 2008 September 2,2008 (Noon) o November 18, 2008 November 3, 2008 (Noon)
0 October 7, 2008 September 15, 2008 (Noon) 0 December 2, 2008 November 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM !8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: A Motion to award Bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC
SODA") Bid# 059-2821-08/CJD to ALLIED UNIVERSAL CORPORATION of Miami, Florida.
CONTRACT PERIOD: NOVEMBER 6, 2008 TO NOVEMBER 5, 2009
EXPLANATION: On July 22, 2008, Procurement Services received and opened three (3) sealed proposals for the referenced bid.
Allied Universal Corporation was the lowest, most responsive, responsible bidder overall and who meets all specifications and has
provided satisfactory service in the past. Sodium Hydroxide is used at the West Water Treatment Plant to raise the pH of the
product water to prevent scaling in the pipelines and to neutralize hydrogen sulfide in the off-gas scrubber. The Utilities
Department purchases eighty (80) dry tons of 25% and two hundred and seven (207) dry tons of 50% Sodium Hydroxide. Kofi
Boateng, P.E., Utilities Director, concurs with this recommendation (see attached memo #08-074. The provisions of this bid award
will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory
performance and determination that the renewal is in the best interest of the City.
PROGRAM IMP ACT: The purpose of this bid is to secure a source to provide the best quality Sodium Hydroxide (Liquid
Caustic Soda) available at the most economical price.
FISCAL IMP ACT: BUDGET ACCOUNT#: ESTIMATED ANNUAL EXPENDITURE:
401-2811-536-52-35 $230,000.00
LAST YEAR'S EXPENDITURE: - $99,980.25 down from this fiscal year due to water restrictions. Increase in cost of
chemicals for this fiscal year.
native as we must keep our water treatment plant operating.
.--
e City Manager's Signature
C~~~
Pro cur ment e Ices
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.Doc:
C: Dave Ailstock -Chief Operator
Barb Conboy - Utilities Manager Administration
File
_" :"""; ,;.;t.i~:, ',~:'!t 'i$! ~r'~1
"~i<~i,:
Memorandum ,~\ ?\.\U~
Utilities # 08-074 \ .... f" e;:;
c;;;;E1~C~
--,.---
~--~
~ -" ~
To: Carol Doppler
Purchasing Agent of Financial seas ,~ '9~ . c<,. ~j
From: Kofl Boateng, P.E. !~ ~~:~\-- ~ I L /'
,
Utilities Director ' \
Date: October 10, 2008
Subject: Sodium Hydroxide (Liquid Caustic Soda)
Bid Number 059-2821-08/CJD
Sodium Hydroxide (NaOH) is used at the West Water Treatment Plant to raise the pH of
the product water to prevent scaling in the pipelines and to neutralize hydrogen sulfide in
the off-gas scrubber.
The current bid to purchase sodium hydroxide is with Allied Universal Corporation. This
bid has expired and cannot be extended.
Financial Services accepted bids (Bid # 059-2821-08/CJD) for the purchase of sodium
hydroxide on July 22nd, 2008. The bids were reviewed using estimated requirements of
80 dry tons of 25% and 207 dry tons of 50% as critical criteria. From this it was apparent
that Allied Universal Corporation was the lowest bidder.
We recommend awarding the sodium hydroxide (NaOH) bid to Allied Universal
Corporation with the anticipated approximate annual usage of 60 dry tons of 25%
($80,206.80) and 155 dry tons of 50% ($148,877.50) for a total estimated usage of
$229,084.30. Due to water restrictions and a reduction in pH the usage for last year was
$99,980.25. The price for this product has doubled since our last bid and we are
anticipating using more NaOH during the coming year. We have had good service with
Allied Universal Corporation and their product has worked as expected.
Please place this item on the next city commission agenda to approve the bid for
$230,000 dollars for sodium hydroxide to Allied Universal Corporation. These funds are
available in account number 401-2811-536-52-35 in the 2008/2009 budget.
If you have any questions, please contact Bevis Pigott at 742-6420 or Dave Ailstock at
742-6953.
Attachments
bc: Dave Ailstock
Bevis Pigott
xc: Michael Low ~~," p'"
M~arbara Conboy
lb~ ile
-..----1.aUWJ:.~J. ~~run~~v~ D~UU~ wnu ~~~~ ALL ~r~~~~~LA~~Un~AAA ~~~-
~'
Carol Dopple!., Kofi ateng, Utilit:es Direct01.
ANNUAL SUPPL Y OF SODIUM HYDROXIDE
"Offers from the vendors listed herein are the only offers
BID DUE DATE: JULY 22,2008 received timely as of the above receiving date and time.
BID DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 059-2821-08/CJD ~~ ~ ~ ~ -*- i?- if any, are hereby rejected as late"
VENDORS rnRpORATION BRENNTAG MID-SOUTH, INC. KEY CHEMICAL, INC.
3901 NW 115th AVENUE 250 CENTRAL FLORIDA PARKWAY 9503 DOVEWOOD PLACE
MIAMI, FL 33178 ORLANDO, FL 32824 WAXHAW, NC 28173
Phone: (305) 888-2623 Phone: (407) 857-9310 Phone: (704) 843-9873
Fax: (305) 463-8369 Fax: (407) 851-3512 Fax: (704) 973-9281
Contact: Catherine Guillarmod Contact: Joe Funkhouser Contact: Barbara Luffman
25% SOLUTION/UNIT PRICE/DRY TON $1,336.78 $1,539.00 dry delivered $1,959.00
50% SOLUTION/UNIT PRICE/DRY TON $960.50 $1,286.00 dry delivered $1,859.00
SPECIFICATION CHECK OFF SHEETS YES YES YES
SUBMITTED
5% BID BOND SUBMITTED LIBERTY MUTUAL NO CERTIFIED CK
CITIZEN'S BANK $27,076.65 I
CERTIFICATE OF COMPLIANCE/ YES YES YES
ANALYSIS SUBMITTED
MSOS SUBMITTED YES YES YES
CALENDAR DAYS 3 BUSINESS DAYS 3 - 5 BUSINESS DAYS 2 -3 calendar days
NUMBER OF BID PROPOSALS ONE ONE ONE
SUBMITTED
ANTI-KICK BACK AFFIDAVIT YES YES YES
SUBMITTED
MINORITY OWNED BUSINESS YES/NOT A MINORITY YES/NOT A MINORITY YES/CERTI FlED
SUBMITTED OWNED BUSINESS OWNED BUSINESS
DRUG FREE WORKPLACE YES YES YES
COMMENTS $4000.00 minimum delivery. Prices are quarterly firm only
BIDDER ACKNOWLEDGEME~T
Submit Bids To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6323
Broadcast Date (City): JUNE 18, 2008
Bid Title: ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC
SODA)
Bid Number: #059-2821-08/CJD
Bid Received By: JULY 22,2008, NO LATER THAN 2:30 P.M. (LOCAL TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: JULY 22, 2008, no later than 2:30 P.M. (local time) and may not be
withdrawn within ninety (90) days after such date and time.
All awards made as a result of this bid shall conform to applicable sections of the charter and
codes of the City.
Name of Vendor: Allied Universal Corp.
Federal LD. Number: 59 0776285
A Corporation of the State of: Florida
Area Code: 305 Telephone Number: 888-2623
Area Code: 305 F AX Number: 463-8369
Mailing Address: 3901 N.W. 115 Ave.
City/State/Zip: Miami, FL 33178
Vendor Mailing Date: July 18, 2008
Name Typed
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
~
SPECIFICA TIONS
FOR
"ANNUAL SUPPLY OF SODIUM HYDROXIDE
(LIQUID CAUSTIC SODA)"
Please place an (x) on the blank line next to each item if a specification is met. If
exception is taken (alternatives), bidder must explain using a separate sheet of paper.
Bidder must submit specifications "check-off" sheets with the proposal sheet in order for
a bid to be considered.
Scope of Work: The City of Boynton Beach Utilities Department is seeking a firm price
per dry ton for the purchase of Sodium Hydroxide for one (1) year to be used at the West
Water Treatment Plant located at: 5469 W. Boynton Beach Blvd., Boynton Beach, Florida.
~1. Acceptable Standard: Rayon Grade - Sodium Hydroxide
-1L-2. Sodium Hydroxide will be shipped as liquid caustic soda.
X 3. Delivery will be a twenty (20) ton minimum load (3,135 gallons). For 50%
-
Minimtnn deli very for 25% is 4,000 Gallons
X 4. Total Anticipated Annual Volume (not guaranteed) is 50,000 gallons, 638,000
lbs., or 80 dry tons from November 1 st - March 31 st of 25% NaOH and 65,000
gallons, 829,400 lbs. or 207 dry tons from April 1 st - October 31 st of 50% NaOH.
----X- 5. The bidder must submit a certificate of compliance and a certificate analysis, as to
the composition of the product with the bid.
X 6. The successful bidder's shipper is responsible for matching our receiving tank
equipment with their tank discharge system.
X 7. The successful bidder must supply M.S.D.S. (Material Safety Data Sheets) on the
-
product and conduct a one (1) hour safety seminar on site for staff who will
handle this material.
---X- 8. The successful bidder will provide a representative to visit the plant a minimum of
two (2) times per year to coordinate shipping, safety, unloading and to inspect the
results of product on the feed system.
3
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid Specifications Continued:
X 9. Coordinate all deliveries between the business hours of7:00 a.m. and 4:00 p.m.
-
Monday through Friday \vith the exception of holidays.
CAUSTIC SODA. LIQUID (SODIUM HYDROXIDE - NaOH)
25% RAYON GRADE
REFERENCE LCP
SPECIFICATIONS TEST METHODS
SODIUM HYDROXIDE 24.0 - 26.0 % BY WT. ACS 1.17
(AS NaOH)
SODIUM OXIDE 18.0 - 19.5 % BY WT. ACS 1.1 7
(Na20)
SODIUM CARBONATE 0.02% (MAX.) ACS 1.15
(NmC03)
SODIUM CHLORIDE 0.004% (MAX.) CCS 1.15
(N aC 1 )
SODIUM SULFATE 0.01% (MAX.) SCS 5.01
(Na2S04)
IRON (Fe) 4.0 PPM (MAX.) ICS 2.06
MERCURY (Hg) 0.5 PPM (MAX.) MCS 3.07
CAUSTIC SODA. LIQUID (SODIUM HYDROXIDE - NaOH)
50% RAYON GRADE
REFERENCE LCP
SPECIFICA TIONS TEST METHODS
SODIUM HYDROXIDE 49.0 - 51.0% BY WT. ACS 1.1 7
(AS NaOH)
SODIUM OXIDE 38.0 - 39.5% BY WT. ACS 1.1 7
(Na20)
-i
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
SODIUM CARBONATE 0.02% (MAX.) ACS 1.15
(Na2C03)
SODIUM CHLORIDE 0.004% (MAX.) CCS 1.15
(NaCl)
SODIUM SULFATE 0.01% (MAX.) SCS 5.01
(Na2S04)
IRON (Fe) 4.0 PPM (MAX.) ICS 2.06
MERCURY (Hg) 0.5 PPM (MAX.) MCS 3.07
5
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
PROPOSAL BLANK
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
To All Bidders: Datc: July 18, 2008
The undersigned declares that he has carefully examined the specifications and is thoroughly
familiar with its provisions and with the quality, type and grade of product called for.
When submitting more than one bid proposal price for this product and/or service, indicate how
many individual and/or combination item(s) are to be tabulated and considered. Attach a separate
proposal sheet for each.
The undersigned proposes to deliver the product/service in accordance with the specifications for
the sum of:
25% SOLUTION: $ 1,336.78 or $1.425/Gallon
SODIUM HYDROXIDE Unit Price Dry ton
(Minimum Deli very 4,000 Gallons)
50% SOLUTION $ 960.50
SODIUM HYDROXIDE: Unit Price Dry ton
ALL PRICES F.O.B. BOYNTON BEACH
Anticipated Annual Volume is 1,467,400 pounds per year. (638,000 of 250;'0 + 829,400 of 50%) or
287 dry tons (80 of 25% + 207 of 50%).
Certificate of Compliance/analysis submitted? Yes
Product Brand: Sodium Hydroxide - Rayon Grade - Caustic Soda, Liquid
MSDS submitted? Yes
Unit Price per Dry Ton shall be firm through the Contract Period.
3
It is further agreed that the product will be delivered within work calendar days from the datc of
the Purchase Order from the City.
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
It'
BID PROPOSAL CONTINUED.............
Number of Bid Proposal prices submitted 1
Specification "check-off" sheets (Pages 3-5) submitted Yes
Yes/No
Allied Universal Corp. ~~~<t
COMPANY NAME TURE
Catherine Guillannod
PRINTED NAME
Executive Administrator
( 305) 888-2623
TELEPHONE NUMBER TITLE
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
17
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of
gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
L /,
By: ~#~k4
NAME - SIGNA~
',j
Sworn and subscribed before me
this 10 day of July ,20 08_
Printed Information:
Catherine Guillarmod
NAME
Executive Administrator
\. OOMYMWJ ~1~IL TITLE
NOTARY PUBLIC, State of Florida Allied Universal Corp.
at Large
COMPANY
~r;.Yril;;;; TAWANA HOUSTON
I.::I I). MY COMMISSION j/ DO 673865
~" .~j EXPIRES: June 12, 2011
"'!,'Jf,iff.~~" Bonded Thru Notary Public Underwriters
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
1;..-
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
Is your company a Minority Owned Business? X
Yes No
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES NO
- -
If YES, Name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
MOB - 1
Revised 02/22/05
19
CONFIRMATION OF DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution.
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1 ).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
~ 0Z7r..-, ~H/~6<~..
Vendo ' ature
/
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
20
.
.
~ libertY. Interchange Corporate Center
450 Plymouth Road, Suite 400
Mutual,.. Plymouth Meeting, PA. 19462-1644
Ph. (610) 832-8240
BID BOND
Bond Number: N/A
KNOW ALL MEN BY THESE PRESENTS, that we Allied Universal Corooration
, as principal (the "Principal"),
and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the
"Surety"), are held and firmly bound unto City of Bovnton Beach
, as obligee (the "Obligee"), in
the penal sum of Fifiteen thousand Two hundred and eiqhtv-eiqht dollards
Dollars ($15.288 ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for:Sodium Hvdroxide 50 %
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no
period be specified, within sixty (60) days after opening, and the Principal shall enter into a contract with the Obligee
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or
bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between
the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with
another party to perform the work covered by said bid, then this obligation shall be null and void; otherwise to remain
in full force and effect. In no event shall the liability hereunder exceed the penal sum thereof.
PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must
be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above,
within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one
(1) year from the date of this bond. If the provisions of this paragraph are void or prohibited by law, the minimum
period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply.
DATED as of this 11th day of July ,2008
~ (Principal)
By: cather in illannod (Seal)
./ Name:
Title: Executive Administrator
LIBERTY MUTUAL INSURANCE COMPANY
(Surety) 05aca0.
By: (Seal)
Attorney-in-Fact
lMIC-5000 Rev. 03/04
.-.-...-.-..--..
THIS ROWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON REO BACKGROUND. 20411 8R
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
FELICE VINARUB, CLAUDIA SACASA, ALL OFTHE CITY OF FT. LAUDERDALE, STATE OF FLORIDA................."..........
................................................................. ............... .................. ...................... ............................. ............... ............ ............, ,........ ...
........................................................................................................................................................................................................
, each individually if there be more than one named, its true and lawful attorney-In-fact to make, execute, seal, acknowledge and deliver. for and on its
behalf as sure~and as its act and deed, al1~ and all undertakings, bonds, recognizances and other$t,irety obli~ations in the penal sum not exceeding
ONE MILLlO .. AND 00/1 00******"'******* ,,*,,** . . DOLLARS ($ 1 ,OOO~OOO.OO **** . ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents,shall be as binding upon thE'
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
.-
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the >.
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, ell
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such "tl
...:- attorneys-In-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their If)
'iij If)
0 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be ~
g. as binding as if signed by the president and attested by the secretary. .~
"tl '. . .. ~,
.liC .~. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact JJ :
C cp >-,
.8 1:: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby ~ I
...;- € authorized to appoint such attorneys-in'fact as .may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and c: I
:s .'gj deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. ~ 0
120) U....I
Ucp That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. >-ID '
-3 Cp
0- -
....~ IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal &.
! 16 Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 2nd day of November ....: 0
~. ~ 2006 <( ('I)
~ ~~
a ~ LIBERTY MUTUAL INSURANCE COMPANY ... "C
0... CPC
- ~ell
~.~ BYC2--~ /#. a<.~ ~ ~'
c 'tV Garnet W. Elliott, Assistant Secretary .!!! 0
or;: COMMONWEALTH OF PENNSYLVANIA ss ;; c::!
~.~ COUNTY OF MONTGOMERY ~ 0)
0)'" c:
1:: ~ On this ~ day of November , 2006 , before me, a Notary Public, personally came Garnet W. Elliott. to me known, and acknowledged ~.~
0._ that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above :Eo!
Ear Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. Cij.8
O~ >
:; ;:. ....p..~ unto sLJbscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year ~ ~
:= u first above written. . .~~~ONt9~ ( . .' - ~
~g 41 .c~' .(~ ~COMMONWtiALIHOFPENNSYlVANIA . ~ 11 E N
- t: {.....t"".... I NolllriaISQaJ I ~ ~ ;('1)
o .~ . l i TllUlSltPMtella. Nolil1y P<it11c lB" ". .' C C?
z ul Plyr;iouih."f\'IP..M6nll;IomeryCo<omlYj y e . ..... ..' 00
~ :iP;~'.. : My~E><piresMar.28,~.....J Ter saPastella, Notary Public ~ 10
~ ~YL";j?. '';''V Momt." I'M.",1I<,oi. "'".""'alle" of N01Zrl% If- "!"I
CERTIFICATE '~RY ~V i '
I, the undersigned, Assistan ecretary Of Liberty Mutual Insurance Company, do hereby certify thatthe original power of attorney of which the foregoing L-.J
is a full, true and correct copy, is in fJJiHorce and effect on the .date of this certificate; and 1 do further certify thaUheofficer or official who executed the
said power of attorney is an AssistantSetretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Artic!e
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutua/Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimiie or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon p
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the compa
with the same force and effect as though manually atfixerj.
/N TESTIMONY WHEREOF, I have hereunto subscribecl my name and affixed the corporate seal of the said company. this 11 r10 _ day 0'
July , 2008 .
III\.. · PRObJCT SPECIFICATION Page !
"tIll
cii((jk "ALK'Aij 50% Caustic Soda, Rayon Grade
1'1l0f)CCTS
For more information contact your Olin Representative, Specification No. Revision No. SAP Material No. Issue Date Supersedes Review Date
visit \VW\v.olinchloralkaILcom or call 423-336-4850 CAP.001 12 105016 12/19/2007 7/31/2007 12/19/2012
Chemical Formula SPECIFICA nON lYPICAL ANALYSIS (Note 2)
NaOH UNITS Niagara Santa Fe
MIN MAX Augusta Becancour Charleston Dalhousie Henderson Mcintosh ~allc !:n~innc St. Gebriel Tacoma Tracy
Reported t:haractenstIcs
NaOH wt% 49.5 51.5 50.8 - - 50.7 - - - - - - - - - - 50.25 - - - -
Na20 wt"l. 38.4 39.9 39.4 - - 39.3 - - - - - - - - - - 389 - - - -
NaCl ppm N/A 50 15 - - 50 - - - - - - - - - - 6.5 - - - -
Fe ppm N/A 2 0.8 - - 0.4 - - - - - - - - - - 0.5 - - - -
Other Characteristics
Carbonate, as Na2C03 wt% N/A 0.075 2000 - - 0.030 - - - - - - - - - - - - - - - -
Sulfate, as Na2S04 ppm N/A 20 10.0 - - 0.3 - - - - - - - - - - - - - - - -
Chlorate, as NaClO3 ppm N/A I 0.5 - - < 0.3 - - - - - - - - - - - - - - - -
Nickel, as Ni ppm N/A 0.3 <0.3 - - <0.2 - - - - - - - - - - - - - - - -
Copper, as Cu ppm N/A 0.3 <0.2 - - <0.2 - - - - - - - - - - - - - - - -
Mercury, as Hg ppm N/A 0.0]0 0.005 - - 0.002 - - - - - - - - - - - - - - - -
Mercury, as Hg ppm N/A 0.5 - - - - - - - - - - - - - - - - 0.13 - - - -
Physical Properties
Density @ 100 of Ib/gal ~ 12.6 Meets Criteria
Density @ 38 Oc Kg/Mj ~ 1510 Meets Criteria
Freezing Point ~ 5SoF (l3OC) Meets Criteria
Appearance: Water-white to hazy liquid Meets Criteria
QSR-IIO N/A QSR-125 N/A N/A QSR-IOO QSR-170 N/A FM- N/A N/A
ISO Certificate No. 961012
US EPA Registration No. N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
US EPA Establishment No. GA-OOI N/A TN-OOI N/A N/A AL-OO 1 NY -00 I N/A LA-OI N/A N/A
Canadian PMRA No. N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
I f this document is removed {printed, electronically copied, etc.) from Olin's Product Specification Management System it becomes an uncontrolled copy of a controlled document.
The product information presented herein, while /lot guarallleed. is true and accurate to the best of our knowledge. No warranty or guarantee, express or implied, is made regarding peljormance. stability or
otherwise. This mformation is not intended to he all-inclusive since the manner and conditions of use, handling, storage and other factors may involve other or additional safety or pe'jormance
conSiderations. Whtle our technical personnel will be happy to respond to questions regarding safe handlmg and use procedures. the Buyer retains sole responsibility for the safe handl11lg and use of the
product. Any cited product uses are for informational purposes only and Buyer should investigate and establish to Buyer's satisfactioll the suitability of each such use for Buyer's own purposes. No
suzzestiolls for use are intended as. and nothinz herein shall be construed as. a recommendation to infrinze allv eXlstillZ oatents or to violate anv aoolicable law.
Tf'mnl~tf' n~tf" 1 n/1 ,/07
Olin PRODUCT SPECIFICATION Page ~ or~
C111 OR /\I.I(A1 J 50% Caustic Soda, Rayon Grade
I) U () n L { 1 "-
For more inllJrrnatinn contact your Olin Representative. Specification No. Revision No. SAP Material No. Issue Date Supersedes Review Date
visit wW\\.olinchloralkali.com or call 423-336-4&50 CAp-001 12 105016 12/19/2007 7/31/2007 12/19/2012
OTHER INFORMATION:
I CONVERSIONS: To convert from ppm to weight % basis, divide ppm by 10,000. ppm - ~tg/ g mg/Kg
-, TYPICAL ANALYSIS: - - means the characteristic is not part orthe product from this location: if- - is shown for all the typical analysis rrom a facility. this
product is not produced at that f~lCility. N/A Not Applicable. N/E the nlCility produces the product hut no typical data has heen established, typical data
will be available approximately (, to 9 months after the start of production or specification issue date. SOL Analytical results for this characteristic were
below the minimum detection limit (MOL) of the standard analytical methods used.
J Product meets analytical provisions of Food Chemicals Codex, 5th Edition, upon request.
4 Meets the provisions of the American Water Works Association (A WW A) B501-03 Standard.
S Certified for the ANSI/NSF-60 Standard at a maximum use limit (MUL) of 100 mg/L.
Olin
CHLOR ALKAU
PRODUCTS
Product Name: Sodium Hydroxide Solution (50%)
Revision Date: January 27, 2006 Revision No.: 4
OCEAN NETWORK EMERGENCY PHONE 1-888-2891-911
THIS MATERIAL SAFETY DATA SHEET (MSDS) HAS BEEN PREPARED IN COMPLIANCE WITH THE
FEDERAL OSHA HAZARD COMMUNICATION STANDARD, 29 CFR 1910.1200. THIS PRODUCT MAY BE
CONSIDERED TO BE A HAZARDOUS CHEMICAL UNDER THAT STANDARD. (REFER TO THE OSHA
CLASSIFICATION IN SEC.I.) THIS INFORMATION IS REQUIRED TO BE DISCLOSED FOR SAFETY
IN THE WORKPLACE. THE EXPOSURE TO THE COMMUNITY, IF ANY, IS QUITE DIFFERENT.
I - PRODUCT IDENTIFICATION
Product Name: Sodium Hydroxide Solution (SO%) ~
Synonyms: Caustic Soda, Caustic, Alkali, Lye, Caustic Lye
Chemical Family: Alkali, Base
Formula: NaOH
! Use Description: Neutralizing agent, sodium source
Hazard Classification: Corrosive, eye and skin hazard, lung toxin
Product Code: 105016, 105017, 105018, 105187, 105188, 105365
File No.: MSDS0200M
I I - COMPONENT DATA
This Product Composition information presented here describes the major components
and their concentrations found in this product and other information as required by
OSHA. This is not, and should not be interpreted, or used as, a Product
Specification or a detailed chemical analysis.
Established Federal OSHA PEL is provided. OSHA Agreement State PEL may be
different.
Product Composition
CAS or Chemical Name: Sodium Hydroxide
CAS Number: 1310-73-2
I Percentage Range: 45-50%
Hazardous Per 29 CFR 1910.1200: Yes
I
Exposure Standards: I ! OSHA (PEL) * ACGIH(TLV) 1
I I ppm I mg/M3 ppm \ mg/M3 I
~-~:ihNG -;--i----:~ ~ -tN!ne----~ -- :j}- i __No2ne ---i
I STEL: .-l... N/A 1 None . N/A ! None I
* Federal OSHA PEL. An Agreement
State OSHA PEL may be different.
1 of 9
Olin
CHLOR ALKAU
PRODUCTS
Product Name: Sodium Hydroxide Solution (50% :
Revision Date: January 27, ~(;O6 ;~e'Jisicn Nc
~~~~====~=~CAS. or-Chemicai" Name: I Water ... u .~_._.~______
__~._',__. _ H.____._ _______"__.__.',,, __ ___~__.'"__._..~...._ ,,'.__....._..... ......"_..__,__.__
CAS Number: i 7732-18-5
I -- ---- ---- --.-----.--- -- .---- -- .----
~ Hazardous Per ~:r~;~t:;~o ~:~~~: I :~-55%---------------.----------- _"'0' " _'.._______
r-- I,
Exposure Standards: I None establlshed.
III - PRECAUTIONS FOR SAFE HANDLING AND STORAGE
_ 'n .. _.__....__." ~____"________'____'_______~_'___"_________'_____'_'__ .." __._,__.___~____..__.__.____,.. _" ___"
DO NOT TAKE ~NTERNALLY. AVOID CONTACT WITH SKIN, EYES AND CLOTHING. UPON CONTACT
WITH SKIN OR EYES, WASH OFF WITH WATER. AVOID BREATHING VAPOR OR MIST.
~_.._~.~__._._________.___"_.__",._ ..._____ ____ ___ _~.__"____..__ n' ~___. ._. _
STORAGE CONDITIONS:
......__..___, ______..~._____.________.._._..__._ _....___m___.._..__.,_. ...._.. _ .___ ___~
DO NOT STORE AT TEMPERATURES ABOVE: 1300 C 266" F)
PRODUCT STABILITY AND COMPATIBILITY:
SHELF LIFE LIMITATIONS: Indefinite if in closed container.
---...- -
INCOMPATIBLE MATERIALS FOR Aluminum, zinc, ..' wood, paper
,--In,
PACKAGING:
______.________.___ n'~_ ___.__~__.__._____ .____....
INCOMPATIBLE MATERIALS FOR Acids, nitrogen containing organics, phosphorous,
STORAGE OR TRANSPORT: explosives, organic peroxides, aluminum, zinc, t i,-,
__ hii _~c:J <;I~~ii5:_~_cl_0.Ycl~ ()E.a:["})()Ils
IV - PHYSICAL DATA
Appearance: I Clear, .____.__________u_ ______..__,. ...,~ ..--.----
viscous liquid_____________ __
~---_.- Freezing Point: I 10-120 C - . ..., ~-~_..- ,.
(50-540 F:
-_..__.._--------------."-- I _______..._,.....___....._,.___'.....m.... __
Boiling Point: i 130-1400 C (266-2840 F)
--. I ------------------------ -. -- -- --- -.....,-.
~. Decomposi~~::i~~:P~~:~~~~: I ~~~:2-1. 53 ---~=~~~=_=_~=~=~~__ ____ ~..-...-
i Bulk Density: ! Not Applicable
i------- pH @ 250 C: 113 (0.5% Solution) -------------- ----
,___ __ _______.___.____._. __________________ ____________~--.---._--..---------_--_-------m--------__.._ ____.___.___
'-__ _ Vapor Pressure @ 250 C: I Approximately equa.~_.:::~__w..':ter___ ________
,________-;_____~9l ub i ~J:.~ y in Wa teE.:...! M i s_c i b 1. ""__ .. __ _ _
~ VO~_~!:.2_1es~~rcent by volume:-+. 45~~___
! Evaporation Rate: ! No Data
~-_._- I -----------.--....-.- -.-
Vapor Density: No Data
---- ------- - ---~_. ------ +----~--_._------------_._-
_______ __~____ Molecular Weight: I 40.01 (Active agen!:.L___
Coefficient of Oil/~~~:~ I :~n~ate -------------------- -- -- ------- -----..~-~.-.._-" "
Distribution: I
_. --- -_._~- - - , ___._..._...______________.....~"___._ ..____.,__".__n...____"
" of a
..
Olin
CHLOR ALKAU
PRODUCTS
Product Name: Sodium Hydroxide Solution (50%)
Revision Date: January 27, 2006 Revision No.: 4
V - PERSONAL PROTECTIVE EQUIPMENT REQUIREMENTS
Personal Protection for Routine Use of Product:
i Respiratory Protection: i If mists, or aerosols are generated and are not I
I I controlled below the TLV with ventilation wear a NIOSH !
! I approved dust/mist respirator. !
Ventilation: Use Local exhaust ventilation to maintain levels to i
. below the TLV. I
~-- Skin and Eye Protection: i Wear gloves, boots, face shield with chemical goggles, i
[ I apron or impermeable suit to avoid skin and eye !
i ' contact, J
L____ __ _____ _________________~- ______________
. Other: i Emergency eye wash and safety showers must be made I
L________________________________lY~a ~l~l~__ ~~__ the _ _~_~med~a '=-~~~~.E.~~.:_________________j
Equipment Specifications (When Applicable):
Respirator Type: I NIOSH N95 filter respirator, or better. ~
Protective Clothing Type: ! GLOVE TYPE: Neoprene I
(This includes: gloves, boots, Ii BOOT TYPE: Neoprene I
apron, protective suit,) I APRON TYPE: Neoprene !
i PROTECTIVE SUIT: Neoprene 1
VI - FIRE AND EXPLOSION HAZARD INFORMATION
Flammability Data:
i Explosive: I !
I Flammable: I~ ------------------J
f-----.-----.--------- .sombus t ib~~4.t!.~------------ ______________._______________ _____________________ !
1 Pyrophorlc: I No l
. Flash Point: ! Not Applicable I
1 Autoignition Temperature: i Not Applicable i
f--- ----------------------------;-------------.----------------------------- ------------------------------------------1
. Flammable Limits at Normal I Not Applicable
h . I
Atmosp erlC Temperature ! I
and Pressure! i
L___~_~-'?ent_"'.~_lUllle in Air) : _._________________________.__ _J
NFPA Ratings:
i Heal th: ! 3
Flammability: 0 --- i
i Reactivity: i 1 JI
l______________________________ _____________________~________ ....__.______________.___________________________________..__________________ ._m_.._ __________
HMIS Ratings:
Health: 3
Flammability: I 0
.. I
Reactlvlty: i 1
Extinguishing Media:
Not Applicable - Choose extinguishing media suitable for surrounding mate!ialS,___ ;
3 of 9
Olin
CHLOR ALKALI
PRODUCTS
Product Name: Sodium Hydroxide So~ution 50%
Revision Date: January 27, 2006 Revlsicn No
Fire Fighting Techniques and Comments:
Use water to cool containers exposed to fire. Contact with reactlve metals, e.c.
aluminum may result in the generation of flammable hydrogen gas. See Section XI fc~
protective equipment for fire fighting. Sodium Hydroxide may react wit~ water. 0ee
Section 7). On small fires, use dry chemical, carbon dioxide. water spray, or feam
~E _!~E;J:~!~E.eS'-_l1~.e_ water.~JJ:~o_?:~~9: ql1_Ci.Tlt::~~~""s as a fog.
VI I - REACTIVITY INFORMATION
Conditions Under Which This Product May Be Unstable:
._---_.~._.."----~~---_._--- ._~._--
. u _____u___._n.Tempera t:.l1re~_ Al::J.C?.':':.e :. _~oEe
_!i,=-chaTli: c~!..._s.~().~~r__.lm:J2.a_c_t :__l'!o
E.!.,=-~i:.r i c:~~..(~1:~1:_~c:~__IJ~Ec: haE9.~~ 'ul'J~
Other: Contact with carbohydrates, aluminum, zinc, ana
tin.
__li~ z Ci :r::c:l()11_~..~~! ym~:r::i,~_i:l!-u~~n :_._~g.~Tlot ._()~C:l1J:: _
Incompatible Materials: Acids, nitrogen containing organics, explosives
carbohydrates, phosphorous, organic peroxides
_ u__ . ___nO ________________u_e.i:l.1 o'L~fla t_,,"<:l...J:1.Lc:i:rC?'<: a :LE.~n_~
Hazardous Decomposition: Contact with carbohydrates can produce carbon
monoxide. Contact with aluminum, zinc. or tiG .::an
l:1ydroc:len gas.
Summary of Reactivity:
-~-- - - ~~-~-~-~-----~--
u__._. ._____._. .__~plos:!:..~-'_l'J()
Oxidizer: No
- ~-_.- -~-_. -. - ---- - ---..----...--.-.--..
___ __PyroPJ:1()E.~c : _No
. ()E9.Ci_Tl_i...<:._:t:..e_r:C?~~.c:l.,,": "0_ N 0
Water Reactive: No
Corros Yes
VIII - FIRST AID
Eyes
_ __ _~~.___.___._ _ _... ___ __ __n_
Immediately flush with large amounts of water for at least 15 minutes, occasionajjy
lift_ingn theupp_eE_a_nd _l()!:'.E:.r:.~X,,"~ici:3' Seek medical atter~1:ion at once.
Skin
-.- -- .- ----------------._-._-.--.---
Immediately flush with water for at least 15 minutes. Seek medical attention. -
clothing, shoes and/or jewelry come in contact with the product, .::hey s~ould be
removed imlTlediat",lyand laundered before re-use.
Ingestion
~._-- -- ----------~_._._------_.~----_._._.._~---_...,----,_.-.~--_._-----~
Immediately drink large quantities of water. DO NOT induce vomiting. Seek medica"
attention at once. DO NOT give anything by mouth if the person is unconscious _~
convulsions.
-1 of 9
Olin
CHLOR ALKAU
PRODUCTS
Product Name: Sodium Hydroxide Solution (50%)
Revision Date: January 27, 2006 Revision No.: 4
Inhalation
i If person experiences nausea, headache or dizziness, person should stop work
! immediately and move to fresh air until these symptoms disappear. If breathing is
! difficult, administer oxygen, keep the person warm and at rest. Seek medical
! attention. In the event that an individual inhales enough vapors to lose
i consciousness, person should be moved to fresh air at once and seek medical
i attention immediately. If breathing has stopped, artificial respiration should be
i given immediately. In all cases, ensure adequate ventilation and provide
: respir~tory protection before the person returns to work. _~____~_____
IX - TOXICOLOGY AND HEALTH INFORMATION
Routes of Absorption
I Inhalation, skin and eye contact, ingestion l
Warning Statements and warning Properties
i HARMFUL IF SWALLOWED. CAUSES SKIN, EYE, DIGESTIVE TRACT AND RESPIRATORY TRACT :
I BURNS. CAN CAUSE LUNG DAMAGE. I
Human Threshold Response Data
i Odor Threshold: No data. r
i--"--'---"--'-~'------'- Irritation ThreshOi-(f: No data. '---~~'--'-'-'-'--"-'--1
r--'--'---~"'-----'-------- ------.--..----..-.-.--........--.--..__.__.__..._______.1
L Immedi~~lL.!2..an~ous to Life or Health: 10 mg/M3. .__----.-J
Signs, Symptoms and Effects of Exposure
Inhalation
i-A~:;:;:t-e;_rinh.ala.-tfon.-of.-this mater:'ialTs-Irr:rtatIng' to-thenos~mouth, throat and 'I
i I lungs. It may also cause burns to the respiratory tract, which can result
I in shortness of breath, wheezing, choking, chest pain, and impairment of
I I lung function. Inhalation of high concentrations can result in permanent I
11 ung damage.
I Chronic: I Chronic (repeated) inhalation exposure may cause impairment of lung .
I function and permanent lung damage. ---.i
Skin
--Acute: I' Dermal-exposure can cause severe irritation and/or burns characterized by I
redness, swelling and scab formation. Prolonged skin exposure may cause
I permanent damage. I
Chronic: i Effects from chronic skin exposure would be similar to those from single :
: exrosure except for effects secondary to tissue destructio~__.___.J
Eye
. .. --.--;--. . ._;------- -----.-------,
i Severe lrrltatlon and/or burns can occur followlng eye exposure. Dlrect contact may i
I cause impairment of vision and corneal damage. __!
5 of 9
Olin
CHLOR ALKALI
PRODUCTS
Product Name: Sodium Hydroxide Solution 150%1
Revision Date: January 27, 2006 ~eVJS1~n
Ingestion
Acute: Irritation and/or burns can occur to the entire gastrointestinal tract.
including the stomach and intestines, characterized by nausea, ,'omit:ng.
diarrhea, abdominal pain, and bleeding and/or tissue u~ceration.
Ingestion causes severe damage to the gastrointestinal tract ~ith tne
_______ ___.p..9teE..t::.ial to _ caus~_pe~f01:.~tio.~.:___________ _
Chronic: There are no known or reported effects from chronic exposure. Chronic
ingestion of significant amounts of this product is unlike~y because -~
its acute corrosive action.
._._-------~_._-
Medical Conditions Aggravated by Exposure
-- ~- ~-"--~- _. .~~-~------_._---------~._~---- -~ _.._._...._--_._.._..__...--~-
Asthma, respiratory and cardiovascular disease
- .-".-..-,-..- '.--'--"---" --_.__.._~ ,".-..-.
Interactions with Other Chemicals Which Enhance Toxicity
_._u._.'u_ +___,.___.___ o'.n_... ... __"n "_____ .._..____ .__
There are no chemicals known to enhance the toxicity of the product.
Animal Toxicology
Acute Toxicity
----.--- ~-,----_.".,.__._- -. --------..'-
Inhalation LC 50: No Data
Oral LD 50: Believed to be 300 500 mg/kg. (ratl harmful if swallowed
Dermal LD 50: Believed to be > 2 g/kg. (rabbit)
_ "J:..r-.ri~ti9_r1.-=-_.S:~~fJes bur~._t:.()_~ye~ .and skin.
Acute Target Organ Toxicity
.'..__.._______._._n____.___ .... _ ____~__.__._.___..___.___._..__._ .___. _ ____ ___
This product is corrosive to all tissues contacted ana upon inhalation, may cause
irritation tOurnllc.9_~rn~1TIbr:.~r1.esh<3._n9: re~:e~EClt()rJ1. tract.
Chronic Target Organ Toxicity
- --- .~---_._- .__._._--_._....~--~---~-------~--_._~-- - -
There are no known or reported effects from repeated exposure except that secondary
to burns.
Reproductive and Developmental Toxicity
There are no known or reported effects on reproductive function or fetal
?:E;::::_eJ_()_E~.lE;_r1.1::.u~r()rl1_""_~E.() s~~.e __to t his p r ()?:ll.C:1::.:
Carcinogenicity
This product s not known or reported to be carcinogenic by any reference sourCR
including IARC, OSHA, NTP, or EPA.
Ingestion of massive doses of sodium hydroxide has led to the development of turners
of the esophagus. The relevance of these findings to cancer is unknown due to
repeated tissue destruction and scar formation as a result of the corrosive natJre
o f__s .CJ?:_?:ll!l"._l1Zc:l!:~ ~.c:l~ . ___ _
Mutagenicity
Sodium hydroxide has been tested and was found to be non-mutagenic in the Ames
assay, a bacterial DNA-repair test and in the Syrian hamster embryo SA7/SHE) .__
6 cf 9
Olin
CHLOR ALKAU
PRODUCTS
Product Name: Sodium Hydroxide Solution (50%)
Revision Date: January 27, 2006 Revision No.: 4
[i:rans-iO!-matT;n--a-ssay~---------------- ----- . ----------.--.---.-..----.---..-.-----... ---- ---------------------------------------- i
Aquatic Toxicity
j Caustic soda is not lethal to fully developed fish in natural fresh waters until ~
: the pH becomes greater than 9.0: i
I Lethal pH for Goldfish: 10.9 I
. Lethal pH for Bluegill sunfish: 10.5 !
I
I
: Gambusia affinis (mosquito fish), 96 hr. LC50: 125 mg/l i
i Bluegill, 48 hr. LC50: 99 mg/l .
X - TRANSPORTATION INFORMATION
THIS MATERIAL IS REGULATED AS A DOT HAZARDOUS MATERIAL. [
DOT Description from tbe Hazardous Materials Table 49 CFR 172.101:
I Land (U.S. DOT): SODIUM HYDROXIDE SOLUTION, 8, UN1824, PG II
i Water (IMO): SAME AS ABOVE i
I Air (IATA/ICAO): SAME AS ABOVE i
r-Hazard Label/piacard: I CORROSIVE ---------------.------------[
,..-------------. ------------------------------------..---------'1
~~portable ~uantity: 1000 lbs. (Per 49 CFR 172.101, Appendix) [
L___~me_~~ncy'~~ide: 154 _______________ I
XI - SPILL AND LEAKAGE PROCEDURES
! FOR ALL TRANSPORTATION ACCIDENTS, CALL CHEMTREC AT 800-424-9300.
lB~J?.9~t:_~l:J.~~_g.1l~_~ t ~_t Y : __ 1000 lbs. ( Pe r 40 CFR 3 02 . 4
Spill Mitigation Procedures:
i Hazardous concentrations in air may be found in local spill area in the form of a II
I mist, which may cause skin irritation and breathing problems. Stop source of spill
I as soon as possible, if safe to do so. I
Air Release: i Will normally be found in a mist form and evacuation from the mist I
area is the only advisable approach. Correction of the source of !
mist is of the utmost importance. I
Water Release: This material is heavier than and is soluble in water. This
material is subject to emulsification and must be removed via a
vacuum system or neutralized and absorbed as necessary, with
various commercial absorbents, which are available. Notify all
downstream industrial, municipal and public operation of this
[ spill and advise them to monitor until otherwise notified.
r----~---~------------ -
f Land Spill: Dike or divert flow of material to a diked area as soon as
possible. If necessary create an excavation large enough to
contain the spill and associated neutralization materials. To
reduce environmental damage. line the excavated surface with a
material to which it is compatible and begin neutralization
process or remove by vacuum, or pumping.
7 of 9
Olin
CHLOR ALKAU
PRODUCTS
Product Name: Sodium Hydroxide Sol~tion (50%\
Revision Date: January 27, 2006 :;'eVl S} en !"~c
Spill Residues:
_._._.__._-_._._-_.__._.._-_.._----~~~--~"--~_.,~--~~~,---- ._---_._-~-~-_.
Dispose of per guidelines under Section 12, WASTE DISPOSAL.
This material may be neutralized for disposal; you are requested to contact OCEAK
at 888-2891-911 be~ore?E!ginning any such operation.
-
Personal Protection for Emergency Spill and Firefigbting Situations:
_."_._-_.~----,----------_._._-----_.~-----_.__.._._---_.._~---------------~-------_._---,---_.."._---_.,.- ---- . --. - -----
In case of fire use normal fire fighting equipment iincJuding self ':contained
breathing apparatus: SCBA) .
A hazardous ~0ysical characteristic of thisPJ:()d.uct is: corrosive
XII - WASTE DISPOSAL
,""--~-------------------------- .---- -- - -... -- -- -- -. ~---- ----.-.-.--..----
If this product becomes a waste, it meets the criteria of a hazardous waste as
defined under 40 CFR 261 and would have the following :SPA hazardous waste numbe,'
D002.
If this product becomes a waste, it will be a hazardous waste, which is subject
the Land Disposal Restrictions under 40 CFR 268 and must be managed accordingl~
As a hazardous liquid waste, it must be disposed of in accordance with local, state
and federal regulations in a permitted hazardous waste treatment, storage and
disposal facility by treatment.
CARE MUST BE TAKEN TO PREVENT ENVIRONMENTAL CONTAMINATION FROM THE USE OF THIS
MATERIAL. THE USER OF THIS MATERIAL HAS THE RESPONSIBILITY TO DISPOSE OF UNUSED
MATERIAL, RESIDUES AND CONTAINERS IN COMPLIANCE WITH ALL RELEVANT LOCAL, STATE k""JD
FEDERAL LAWS AND REGULATIONS REGARDING TREATMENT, STORAGE k""JD DISPOSAL FOR
HAZARDOUS AND NONHAZARDOUS WASTES.
. --....--.-.-...-..-.---.-.-..----.-
XIII - ADDITIONAL REGULATORY STATUS INFORMATION
..---.-.----'--.-------.----.---"-------- ~~~----~--~.~--~ - - - .
TOXIC SUBSTANCES CONTROL ACT:
This substance is listed on the Toxic Substances Control Act invento:c,;" .
NSF LIMITS: NSF Maximum Drinking Water Use Concentration - 100 mg/~ d~~::/ nas i E
SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT TITLE II=::
HAZARD CATEGORIES, PER 40 CFR 370.2:
HEALTH:
Immediate (Acute)
PHYSICAL:
None
EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW, PER 40 CFR 355, APP .J.":
EXTREMELY HAZARDOUS SUBSTANCE - THRESHOLD PLANNING QUANTITY:
None Established
SUPPLIER NOTIFICATION REQUIREMENTS, PER 40 CFR 372.45:
None Established
8 of
Olin
CHLOR ALKAU
PRODUCTS
Product Name: Sodium Hydroxide Solution (50%)
Revision Date: January 27, 2006 Revision No. : 4
XIV - ADDITIONAL INFORMATION
I Change in Section XIII 1/06 !
XV - MAJOR REFERENCES
il. DeFlora, Silvio, et al., Genotoxic Activity and Potency of 135 I
! Compounds in the Ames Reversion Test and in a Bacterial DNA-Repair
I 2. Test. Mutation Research, Vol. 133, pp. 161-198, 1984.
,
ACGIH Documentation of the Threshold Limit Values and Biological I
I American Conference of !
i Exposure Indices, Sixth Edition, 1997. i
i Governmental Industrial Hygienists, Inc. , Cincinnati, OH. I
! I
i 3. Federal Register, Vol. 53, No. 237, Friday, December 8, 1988,
! 49688-49690. 40 CFR Part 372, Sodium Hydroxide: Toxic Chemical I
i Release Reporting, Community Right-to-Know.
I AQUIRE Database (aquatic toxicity), Chemical Information Systems,
! 4.
i Inc. (a division of PSI International, Inc.) , Towson, MD. I
I TOXNET Database, U.S. National Library of Medicine, Bethesda, MD i
i 5. I
I
i 6. Forsberg, K. , and S.Z. Mansdorf, Quick Selection Guide to Chemical I
! Protective Clothing, Second Edition, Van Nostrand Reinhold, N.Y., I
1993. i
7. 3M 1995 Respirator Selection Guide. 3M Occupational Health and !
i
Environmental Safety Division, St. Paul, MN. , 1995. I
Other References are available upon request. I
j
THE INFORMATION IN THIS MATERIAL SAFETY DATA SHEET SHOULD BE PROVIDED TO
ALL WHO WILL USE, HANDLE, STORE, TRANSPORT, OR OTHERWISE BE EXPOSED TO
THIS PRODUCT. THIS INFORMATION HAS BEEN PREPARED FOR THE GUIDANCE OF PLANT
ENGINEERING, OPERATIONS AND MANAGEMENT AND FOR PERSONS WORKING WITH OR
HANDLING THIS PRODUCT. OLIN BELIEVES THIS INFORMATION TO BE RELIABLE AND
UP TO DATE AS OF THE DATE OF PUBLICATION, BUT MAKES NO WARRANTY THAT IT
IS. ADDITIONALLY, IF THIS MATERIAL SAFETY DATA SHEET IS MORE THAN THREE
YEARS OLD, YOU SHOULD CONTACT OLIN AT THE PHONE NUMBER LISTED BELOW TO
MAKE CERTAIN THAT THIS SHEET IS CURRENT.
ORC MSDS Control Group
Olin Chlor Alkali
1186 Lower River Road
P. O. Box 248
Charleston, TN 37310
Phone Number: (888)-658-MSDS (6737)
9 of 9
VI.-CONSENT AGENDA
. ITEM C.l
, CITY OF BOYNTON BEACH
.. . ... ...... AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission MeetinQ Tumed in to City Clerk's Commission Meetinq Dates Turned in to City Clerk's Office
Dates Office
D August 19, 2008 August 4, 2008 (Noon) D October 21, 2008 October 6, 2008 (Noon)
C"')
D September 2,2008 August 18, 2008 (Noon) [8] November 5,2008 October 20, 2008 (NO~ ~~
<:) -<0
D September 18, 2008 September 2, 2008 (Noon) D November 18, 2008 November 3, 2008 (N~ n "T\
'Q.'Ol
- P'IO
D October 7,2008 September 15, 2008 (Noon) D December 2,2008 November 17, 2008 (I'G:.:Qn) ~-<
~:z
:E:IIt U)-l
D Announcements/Presentations 0 City Manager's Report :x o~
NATURE OF D Administrative D New Business t.9 :;...E.....
N cr~
AGENDA ITEM [8] Consent Agenda D Legal .. ~
Code Compliance & Legal :z:
D Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Staff recommends approval of Resolution R08- iJ...& to adopt a Subordination Policy for
use in City Of Boynton Beach Community Improvement Housing Programs.
EXPLANATION: The Community Improvement Division has had a subordination policy and procedure in
place in their programs since March of 2003. However, it has been determined that this policy should be formally
adopted by City Commission resolution.
PROGRAM IMPACT: No changes to the program. Clients engaging the services of financial assistance through
the city's Home Improvement or First Time Homebuyer program would continue to agree to and execute a
subordination agreement.
FISCAL IMPACT: To maintain availability of recaptured funds to further affordable housing needs.
ALTERNATIVES: ~
Depart City Manager's Signature
Assistant to City Manager ~
Department of Development
Community Improvement Division
Department Name City Attorney / Finance
S:\Community Improvement\Agenda Requests\2008\CC11-05 SubordinationPolicy.doc
1 RESOLUTION NO. 08-/5-<..'
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ADOPTING /\
5 SUBORDINA TION POLICY FOR USE IN CITY
6 OF BOYNTON BEACH HOME IMPROVEMENT
7 PROGRAMS; AND PROVIDING AN EFFECTIVE
8 DATE.
9
10 WHEREAS, the Communit) Improvement Division has used a subordination
11 policy and procedure in their programs since March. 2003: and
12 WHEREAS. upon recommendation of staff the City Commission of the City 01
13 Boynton Beach deems it to be in the best interests of its residents and citizens to approve
14 and adopt the Subordination Policy for use in the City's Community Improvement
15 Housing Programs.
16 NOW, THEREFORE, BE IT RESOL YED BY THE CITY COMMISSIO]\l
17 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
18 Section 1. Each Whereas clause set forth above is hereby ratified as being true
19 and correct and incorporated herein by this reference:
20 Section 2. The City Commission of the City of Boynton Beach. Florida.
21 hereby approves and adopts the Subordination Policy for use in the City's Community
22 Improvement Housing Programs. a copy of which is attached hereto as Exhibit "\ .-
23 Section 3. This Resolution shall take effect immediately upon passage
:\CA\RESO\Subordination Policy doc
1 PASSED AND ADOPTED this _ day of November, 2008.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor - Jerry Taylor
7
8
9 Vice Mayor - Jose Rodriguez
10
11
12 Commissioner - Ronald Weiland
13
14
15 Commissioner - Woodrow L. Hay
16
17
18 Commissioner - Marlene Ross
19 ATTEST:
20
21
22
23
24 Janet M. Prainito, CMC
25 City Clerk
26
27
28
29
30 (Corporate Seal)
31
:\CA\RESO\Subordination Policy.doc
(f) Community Improvement Division
Memorandum
TO: Jim Cherot, City Attorney
FROM: Octavia S. Sherrod, Community Improvement Manager
THRU: Quintus Greene, Director of Development
DATE: March 19,2003
RE: Subordination Agreement Policy - REVISED
The following shall constitute the policy and procedure to be followed by the Community
Improvement Division when lenders or citizens are requesting that a City of Boynton Beach
mortgage lien be subordinated:
1. The party requesting the subordination must provide the Community Improvement
Division the following information and documentation:
a. Legal description of the property;
b. Copy of an appraisal of the property;
c. Copy of the title report conducted by the lending institution requesting the
subordination;
d. Copy of lenders Good faith estimate
e. Copy of lenders 1003 form or equivalent (Uniform Residential Loan Application)
2. The Community Improvement Division shall review the required documentation tu
determine if the request is within the guidelines as set forth for subordinating
mortgages, and make a determination as to whether to recommend subordination
and the amount of compensation, if any, 'A'hich should bo paid to the City in
consideration of subordinating its lien. If it is our opinion to do so, a recommendation
shall be made to the City Attorney's Office to prepare a Subordination Aareement for
signature by the City Manager. Notice will be aiven as to the determination of staff's
recommendation. However, the executed subordination aareement will not be
delivered until this office has received post closing a COpy of the executed HUD 1
Settlement Statement and recorded new mortgage. Upon receipt and review, the
executed subordination aareement will be forwarded to the c10sina agent's office for
recordina.
3. All reauests for subordination must be accompanied by a non-refundable check
made payable to The City of Boynton Beach in the amount of $50.00.
4. The City Of Boynton Beach will not subordinate their mortgage more than one ( 1 ) time
with each property.
OSS:dar
Revised 3/2003
2ncJ revision 8/2005
3rd revision 12/2005
S:~~~~&~'IiIil'e.'<II'OC
Subordination Policy & Procedure Page 2
SUBORDINATION POLICY
A homeowner assisted by the SHIP or CDBG program may not refinance his or
her first mortgage or take out a second mortgage unless the city agrees to
subordinate its second mortgage.
The policy used by the City of Boynton Beach regarding a subordination request
shall be as follows:
. The City does not support the owner using equity for any items other than
the house itself. If the purpose of the new loan is home repair or
reasonable improvements, the need must be substantiated by an
inspection of the property by a City of Boynton Beach Housing
Rehabilitation Inspector or Construction Manager, and a contract for the
proposed repairs furnished by the homeowner.
. The City will not subordinate its mortgage for owners attempting to obtain
a line of credit or consolidate debt, as this would enable them to increase
their debt for purposes other than home improvement. The City maintains
that:
~ Second mortgages are provided under the SHIP program to
assist with homeownership.
~ Grants are provided under the CDBG or SHIP program for the
exclusive purpose of rehabilitating, enhancing and/or preserving
real estate.
. If the owner wants to refinance the first mortgage at a lower rate and/or
for a shorter loan term, the City may subordinate if:
~ Additional money isn't being borrowed (unless its purpose is for
home repair or reasonable improvements).
~ The resulting housing cost (PITI) does not exceed the housing
cost (PITI) calculation of the original loan.
~ The new loan is for a fixed rate.
. If the owner is taking out a second mortgage for necessary home repairs
or reasonable improvements, the City may subordinate if:
~ The combined payments of the first and second mortgages do
not exceed 35% of the gross income.
~ The loan is for a fixed interest rate.
Homeowner Date Homeowner Date
s:\~~~~too~~~~
.
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.2
AGENDA ITEM REQUEST FORIYl
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
o August 19,2008 August 4,2008 (Noon) o October 21,2008 October 6, 2008 (Noon)
o September 2, 2008 August 18,2008 (Noon) [gI November 5, 2008 October 20,2008 (Noon)
o September 18, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3,2008 (Noon)
o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17,2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gI Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve Resolution No. 08-/,;1.7 recognizing the "Building Citizenship in the Community: Back
to Basics" initiative of the Florida League of Cities, Inc., and pledging support for the statewide effort.
EXPLANATION: The Florida League of Cities has developed several educational programs with the goal of increasing
Floridians' understanding of city governments and the services they provide. The focus of the programs to date has been K-12
civics education. However, the League is currently working towards the design, launch and management of a campaign to
increase civic awareness and participation of our constituents.
PROGRAM IMPACT: The campaign will provide education for our citizens that will increase their awareness of municipal
issues and help them become smarter municipal services customers. Educating our citizens on the fundamentals of city
services and what it takes to effectively run a city is essential as local government is forced to do more with less and still
maintain the level of service demanded by the citizenry.
FISCAL IMP ACT: N/ A
ALTERNATIVES: Not to approve the resolution.
~
City Manager's Signature
Assistant to City Manager ~
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
, I
II
II
1 RESOLUTION NO. R08- /,.:'7
2
,., A RESOLUTION OF THE CITY COMMISSION OF
-'
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 RECOGNIZING THE "BUILDING CITIZENSHIP IN
6 THE COMMUNITY: BACK TO BASICS: INITIATIVE
7 OF THE FLORIDA LEAGVE OF CITIES, INC., AND
8 PLEDGING SUPPORT FOR THIS STATEWIDE
9 EFFORT.
10
11 WHEREAS. municipal government is the government closest to most citizens. with
12 tremendous daily impact upon its residents: and
13 WHEREAS, city government is administered for and by its citizens. and is
14 dependent upon public commitment to. and understanding of. its many responsibilities. and
15 city government officials and employees share the responsibility to pass along their
16 understanding of public services and their benefits: and
17 WHEREAS, Florida's citizenry receives public services from state, county. school
18 district and other governmental levels, educating Florida's citizens of all ages as 10 the
19 structure and function of all the levels of government, and how to be wise consumers of such
20 services is therefore critically important: and
21 WHEREAS, the Florida League of Cities and its member cities have joined together
22 to teach students and all citizens about municipal government through a variety of ditTerent
23 projects, resources and information: and
24 WHEREAS, this initiative 'Nil! make resources available to cities and their citizens
25 to utilize in furthering their goals for civic education.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
28
29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirn1ed as
30 being true and correct and are hereby made a specific part of this Resolution upon adoption
31 hereof.
1 Section 2. That the City of Boynton Beach does hereby encourage all citizens,
2 city government officials and employees to utilize the opportunities and resources available
3 through this initiative.
4 Section 3. That the City of Boynton Beach does encourage educational
5 partnerships between city government and schools, as well as civic groups and other
6 organizations.
7 Section 4. That the City of Boynton Beach does support and encourage all city
8 governments to actively promote the "Building Citizenship in the Community: Back to
9 Basics" initiative.
10 PASSED AND ADOPTED by the City of Boynton Beach, this Day of
11 November, 2008.
12 CITY OF BOYNTON BEACH, FLORIDA
13
14
15 Mayor - Jerry Taylor
16
17
18 Vice Mayor - Jose Rodriguez
19
20
21 Commissioner - Ronald Weiland
22
23
24 Commissioner - Woodrow L. Hay
25
26
27 Commissioner - Marlene Ross
28 ATTEST:
29
30
31
32 Janet M. Prainito, CMC
33 City Clerk
34
35
36 (Corporate Seal)
----_._-~---_.
301 South Bronaugh Street, Suite 300 · Post Office Box 1757 · Tallahassee, FL 32302-1757
(850) 222-9684 · Fax (850) 222-3806 · Web site www flcitiescom
October 15,2008
Dear Municipal Official:
I am very humbled to serve as your President this year. The Florida League of Cities is very near and dear to
my heart. The League's motto states, "Local Self Government is the Keystone of American Democracy" and I
believe city government is the closest government to the people of Florida and I believe in Home Rule. I want
to stand side-by-side with you to protect the Home Rule power of Florida's cities.
It is true that we are facing extremely tough economic times and I believe education of our citizens, and future
citizens (students), is of the utmost importance--now more than ever before. Educating our citizens on the
fundamentals of city services and what it takes to effectively run a city is going to be essential as we continue to
be forced to "tighten our municipal belts", do more with less, and still maintain the level of service demanded
by our citizenry.
Through my presidential priority: "Building Citizenship in the Community: Back to Basics" the League will
design, launch and manage a campaign to increase civic awareness and participation. We will provide
education for our constituents to increase their awareness of municipal issues and help them become smarter
municipal services consumers.
I encourage each municipality to stand with me in support of this initiative. I have attached a resolution for
your council's or commission's consideration. There are 411 active municipalities in the Sunshine State it
would be wonderful to have 100% participation! I appreciate your consideration of this request.
Further, I would appreciate hearing about what you are doing in your municipality. I'd like to hear about your
successes in citizen education and about things that didn't work as well. What do they think about city
government? How can we strengthen the relationship between elected officials and the average citizen in
Florida's cities, towns and villages? I hope you will share your stories with the League.
I appreciate your continued dedication to the Florida League of Cities. Together. we can make a
difference. . . we already have. . . we will continue to do so!
Sincerely,
/,
c-? / )
/' I, .
/' ~ '-1 /__'-~
/'
Carmine Priore
President. Florida League of Cities
Vice Mayor, Wellington
President Carmine Priore. Vice Mayor. Wellington
First Vice President John Marks, Mayor, Tallahassee + Second Vice President Joy Cooper, Mayor, Hallandale Beach
Executive Director Michael Sittig. General Counsel Harry Morrison, Jr.
VI.-CONSENT AGENDA
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o August 19,2008 August 4, 2008 (Noon) o October 21,2008 October 6,2008 (Noon)
o September 2, 2008 August 18, 2008 (Noon) IZI November 5, 2008 October 20, 2008 (Noon)
o September 18, 2008 September 2,2008 (Noon) o November 18, 2008 November 3, 2008 (Noon)
o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17, 2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM IZI Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of$600.00 to The School District of Palm Beach County, The Education
Network, T.E.N. from Commissioner Weiland's Community Investment Fund.
EXPLANATION: Commission approval is requested for allocation of$600.00 to The Education Network, T.E.N. to assist
students in our community with first quality TV productions to showcase their talents.
PROGRAM IMPACT: Allocation of funds will assist the above program.
FISCAL IMP ACT: (Include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
AL TERNA TIVES: Decline to authorize the requested use.
Department Head's Signature Ci~~
Department Name City
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: October 17, 2008
Requested by Mayor/Commissioner: Commissioner Weiland
Amount Requested: $600.00
Recipient/Payee: PBC School District, The Education Network T.E.N.
Description of project, program, or activity to be funded: Allocation of funds will assist in
funding students in our community with first quality TV productions to showcase their
talents.
Dated: j :;'/l7l."?' By:/~iv~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $1,000 has been used to date by the requesting Member, leaving a
balance of available funds of $9,000. This request would bring the available amount down to
$8,400.
Accordingly:
0 There are funds available as requested
Dated: o There are insufficient funds available ~
IfJ. ',.o"i? By: ..,
Finance DIrector
Part 111- Eligibility Evaluation (to be completed by City Manager)
el/ The proposed expenditure of funds will not result in improvement to private
~roperty;
The recipient/payee provides services within the City of Boynton Beach;
a...."/The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
./
cr'''' Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purplse.
Dated:~ v(~~) 80 By: ~.)
1i.. --~~,-...~..~-
...-><---- -~._'~'-
City Manager
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
THE SCHOOL DISTRICT ARTHUR C. JOHNSON, Ph.D.
OF PALM BEACH COUNTY, FLORIDA SUPERINTENDENT
The Education Network
505 SOUTH CONGRESS AVENUE
BOYNTON BEACH, FL 33426
TELEPHONE: (561) 738-2902
FAX: (561) 738-2901
October 16, 2008
.
Dear Mr. Weiland;
On Saturday, November 8, 2008, Donald Trump's beautiful and exclusive Mar-a-Lago
Club in Palm Beach will play host to a very special breakfast for The Education
Network's (T.E.N.) very first fundraiser. If you have not been to Mar-a-Lago this is an
opportunity to see this spectacular setting from the inside.
T.E.N. is the TV production service for the School District of Palm Beach County located
in Boynton Beach. In order to continue showcasing the accomplishments and talents of
our students, and to provide educational television to the schools and to the community,
there are three ways you can support us;
1) Purchase an individual ticket for Mar-a- Lago that includes breakfast, raffle and
entertainment for $150.00 or purchase a table for $1500.00 that will accommodate
12 guests.
2) Donate a gift certificate or door prize for the special raffle and your name and lor
business will be published in our program and all promotional materials and will
also be prominently displayed for everyone to see at the event.
3) Make a donation to T.E.N. to assist students in our community with first quality
TV productions to showcase their talents.
All donations are tax deductible. If you have any questions please contact me at 561-738-
2972 or cell phone 561-315-4873 or by email kuppermanj@palmbeach.kJ2.ft.us
Thank you for your consideration of this request and whatever support you can provide to
our students.
Sincerely,
,-J
Jayn~rman, Community Relations Coordinator, T.E.N.
Palm Beach County Schools - Rated 'A' by the Florida Department of Education 2005
www.palmbeach.k12.f1.us
- . _. - -
,..""..... '.
,
SAVE THE DATE AND BOOK Now!
r;/ahudO;?, .910;~~mbe;K 8 200c'Y
TO ENJOY BREAKFAST, ENTERTAINMENT
AND A SPECIAL RAFFLE AT
~ 9l&vi .. q;: o. q;\,
" {lb{}" CL/Cl/JC- C!/- =::1~ C1ritO
u ,
TO SUPPORT THE PRODUCTION OF HIGH QU.t\
EDUCATIONAL PROGRAMMING FOR OUR C~t:'"
,;~;"'}~'::::'~}i:f;'" .
",,1'
$150 PER PERSON
$1,500 TABLE OF 12
MORE INFORMATION TO FOLLOW
QUESTIONS, PLEASE CALL:
(561) 738-2972
~~..
UNIVERSAL CREDIT CARD AUTHORIZATION
Check One:
VISA' D -'-'-
CREDIT CARD NUMBER EXPIRATION DATE
. D NAME AS IT APPEARS ON YOUR CARD CARD SECURITY CODE
.11 <->
D MAILING ADDRESS - STREET DAYTIME PHONE
CITY STATE I PROVINCE I COUNTRY POSTAL CODE
D$ 150.00 Ticket For: E3: Education Everywhere for Everyone Breakfast
D$ 1500.00 Table of 12, Names: .............................................................................................................
.a........................................................................................................................................
..........................................................................................................................................
D$ For: additional 'tax deductible' donation for Children's Educational Television Programming
$_ Science ..... .......... ...................................... ..... ..... ................ ....... ..... ............
$_ Mathematics.................................................................................... .......... ...
$_ Language Arts..... ................................. ....................... ..... ............... ......... .....
$_ Multicultural.................... .............................. ...................................... ..........
$_ Other (please specify) ..... ................. ............... ........... ............ .......... ...............
D$ For: Unrestricted Gift (Donation):
$ TOTAL CHARGE AMOUNT X
YOUR SIGNATURE DATE
All money generated for this program is subject to the rules and regulations of the Palm Beach County School District
PLEASE MAKE CHECKS PAYABLE TO: THE EDUCATION FOUNDATION OF PALM BEACH COUNTY
PLEASE FAX ALL CREDIT CARD AUTHORIZATIONS TO KAY SAMSON AT (561) 738-2901
PLEASE KEEP A COpy OF THIS CREDIT CARD AUTHORIZATION FOR YOUR RECORDS
A portion of your ticket price is tax deductible
1 ~ ~
... iEN.
THE EDUCATION NETWORK
o. TBI! ScllOOL DJSnucr O. PAUl BUCII CoUNTI'
ENGAGING, INFORMATIVE, "EDUTAINMENT" TELEVISION...
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM E.
AGENDA ITEM REQUEST FORIVl
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
o August 19,2008 August 4, 2008 (Noon) o October 2],2008 October 6, 2008 (Noon)
o September 2, 2008 August 18,2008 (Noon) [gJ November 5, 2008 October 20,2008 (Noon)
0 September 18,2008 September 2, 2008 (Noon) o November] 8, 2008 November 3,2008 (Noon)
o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November ]7,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gJ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of$500.00 to The School District of Palm Beach County, The Education
Network, T.E.N. from Commissioner Ross's Community Investment Fund.
EXPLANATION: Commission approval is requested for allocation of$500.00 to The Education Network, T.E.N. to assist
students in our community with first quality TV productions to showcase their talents.
PROGRAM IMP ACT: Allocation of funds will assist the above program.
FISCAL IMP ACT: (Include Account Number where funds will come from) 00 I -111 0-51 1-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
AL TERNA TIVES: Decline to authorize the requested use.
Department Head's Signature ~signaM'
Assistant to City
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: October 20,2008
Requested by Mayor/Commissioner: Commissioner Ross
Amount Requested: $500.00
Recipient/Payee: PBC School District. The Education Network T .E.N.
Description of project. program, or activity to be funded: Allocation of funds will assist in
funding students in our community with first quality TV productions to showcase their
talents.
Dated: )c/-:;,o/04; By: d~ {.,j ..td
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $1,500 has been used to date by the requesting Member, leaving a
balance of available funds of $8,500. This request would bring the available amount down to
$8,000.
Accordingly:
o There are funds available as requested
::J There are insufficient funds available a
Dated: I b .)..U. l'~ By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
er"/ The proposed expenditure of funds will not result in improvement to private
property;
~ The recipient/payee provides services within the City of Boynton Beach:
~The project, program or activity which is being funded will occur in the City
. pf Boynton Beach and participation is open to all residents of the City: and
~ Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose>
( )
\' / "
Dated: \ O-(;J.C: C" oCV Bv: ~~_._-'L__
City Manager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
. ..
. THE SCHOOL DISTRICT ARTIiUR C. JOHNSON, Ph.D.
OF PALM BEACH COUNTY, FLORIDA SUPERINTENDENT
The Education NetworK
~ q 505 SOUTIi CONGRESS AVENUE
~BEACH ~ BOYNTON BEACH, FL 33426
TELEPHONE: (561) 738-2902
FAX: (561) 738-2901
October 16,2008
Dear Mr. Weiland:
On Saturday, November 8, 2008, Donald Trump's beautiful and exclusive Mar-a-Lago
Club in Palm Beach will play host to a very special breakfast for The Education
Network's (T.E.N.) very first fundraiser. If you have not been to Mar-a-Lago this is an
opportunity to see this spectacular setting from the inside.
T.E.N. is the TV production service for the School District of Palm Beach County located
in Boynton Beach. In order to continue showcasing the accomplishments and talents of
our students, and to provide educational television to the schools and to the community,
there are three ways you can support us:
1) Purchase an individual ticket for Mar-a- Lago that includes breakfast, raffie and
entertainment for $150.00 or purchase a table for $1500.00 that will accommodate
12 guests.
2) Donate a gift certificate or door prize for the special raflle and your name and lor
business will be published in our program and all promotional materials and will
also be prominently displayed for everyone to see at the event.
3) Make a donation to T.E.N. to assist students in our community with first quality
TV productions to showcase their talents.
All donations are tax deductible. If you have any questions please contact me at 561-738-
2972 or cell phone 561-315-4873 or by email kuppermanj@palmbeach.k12.fl.us
Thank you for your consideration of this request and whatever support you can provide to
our students.
Sincerely,
~
Jayn~erm.an, Community Relations Coordinator, T.E.N.
Palm Beach County Schools - Rated 'A' by the Rorida Department of Education 2005
www.paImbe8ch.k12.ft.us
- - . -. . - . - ..
.. ,
-~
"
\
-All Champions for Children's Educatioll-
SAVE THE DATE AND BOOK Now!
(j&~, StV'~ c5: 2008
TO ENJOY BREAKFAST, ENTERTAINMENT
AND A SPECIAL RAFFLE AT
m;; 9K;; ~ ~
ife -/... <' !/Jt-a-~ vUW
TO SUPPORT THE PRODUCTION OF HIGH QU
EDUCATIONAL PROGRAMMING FOR OUR
$150 PER PERSON
$1,500 TABLE OF 12
MORE INFORMATION TO FOLLOW
QUESTIONS, PLEASE CALL:
(561) 738-2972
...........'"
UNIVERSAL CREDIT CARD AUTHORIZATION
Check One:
VISA' 0 _I- I
CREDIT CARD NUMBER EXPIRATION DATE
.. 0 NAME AS IT APPEARS ON YOUR CARD CARD SECURITY CODE
.11I <->
0 MAILING ADDRESS - STREET DAYTIME PHONE
CITY STATE I PROVINCE I COUNTRY POSTAL CODE
0$ 150.00 Ticket For: E3: Education Everywhere for Everyone Breakfast
0$ 1500.00 Table of 12, Names: ......... .... ...................................... ........ .... ........... ... ................. .... ........ '"
................................................................................................................................................
............................................................................................................................................
0$ For: additional 'tax deductible' donation for Children's Educational Television Programming
$_ Science .......................................................................................................
$_ Mathematics.. ...... ........ ..... ........................ ...... ........ ......... ..... ...... ............. .....
$~ Language Arts................................. ....... ........................................... ............
$_ Multicultural................................................. .................................... .............
$_ Other (please specify) .......... .......... .......... ............ .................. ......... ................
0$ For: Unrestricted Gift (Donation):
$ TOTAL CHARGE AMOUNT X
YOUR SIGNATURE DATE
All money generated for this program is subject to the rules and regulations of the Palm Beach County School District
PLEASE MAKE CHECKS PAYABLE TO: THE EDUCATION FOUNDATION OF PALM BEACH COUNTY
PLEASE FAX ALL CREDIT CARD AUTHORIZATIONS TO KAY SAMSON AT (561) 738-2901
PLEASE KEEP A COPY OF THIS CREDIT CARD AUTHORIZATION FOR YOUR RECORDS
A portion of your ticket price Is tax deductible
1 ~i~N.
"~A
THE EDUCATION NETWORK
0.1111I SaIooL Dtsnucr 01' PAUl Buca Co1lII'IT
ENGAGING, INFORMATIVE, "EDUTAINMENT" TELEVISION...
VI.-CONSENT AGENDA
ITEM F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting: Dates .in to Citv Clerk's Office
D August 19, 2008 August 4, 2008 (Noon) D October 21, 2008 October 6, 2008 (Noon)
D September 2, 2008 August 18, 2008 (Noon) rgJ November 5, 2008 October 20, 2008 (Noon)
D September 16,2008 September 2, 2008 (Noon) D November 18,2008 November 3, 2008 (Noon)
D October7,2008 September 15,2008 (Noon) D December2,2008 November 17,2008 (Noon)
D AnnouncementslPresentations D City Manager's Report 0 n::;
NATURE OF D Administrative D New Business g ~;;
AGENDA ITEM rgJ Consent Agenda D Legal -t ("') .".
I\.) z-_
D Code Compliance & Legal Settlements D Unfinished Business 0 ~~
D Public Hearing D ~ ~~
~ 0%
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,0~ fOrii.. .
months of August & September 2008. UD ,
EXPLANATION: : Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b,
which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute
a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities,
and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the
second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City
Manager.
PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement
of commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, and City Manager.
FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the
organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead
of processing for approval, and allow for more timely purchases to be made.
ALTE~~Y! ~g~
~ ~ A"i'tanttOCity~, .~
Pm,,,, , . t ~'" City A""m'~"
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
. CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR AUGUST & SEPTEMBER 2008
1. Vendor: S & F Construction Purchase Amount: $30,021 4c1'
Requesting Department: Engineering Contact Person: George Mantell
Date: 8/1/08
Brief Description of Purchase:
Sidewalk Installation South Atlantic Drive, Ocean Parkway & Grove Rd.
Source for Purchase: School Board Bid #03-C-75PA Fund Source: 302-4905-580-63-24
2 Vendor: Boyle Engineering Corp Purchase Amount: $19,995.00 !
Requesting Department: Facilities Contact Person: Paula LeBlanc
Date: 8/18/08
Brief Description of Purchase:
Consulting Services to install an underground Storage Tank at Fire Station #3
I
Source for Purchase: RFQ #017-2821-07/CJD Fund Source: 302-4199-580.64-02
i
3 Vendor: S & F Construction Purchase Amount: $14,489.00 I
Requesting Department: Engineering Contact Person: George Mantell
Date: 8/22/08
Brief Description of Purchase:
Sidewalk Repairs Ocean Ave. SW 18th and 22nd Street
Source for Purchase: School Board Bid #03-C-75PA Fund Source: 302-4905-580.63-24
4 Vendor: Insight Public Sector Purchase Amount: $15,055.65
Requesting Department: Fire Rescue Contact Person: Amy McDeavitt
Date: 8/29/08
Brief Description of Purchase:
(5) Panasonic Tough Books, power adapter for vehicles and warranty
Source for Purchase: City of Tucson/ IPA Contract Fund Source: 001-2210-522.64-15
5 Vendor: Madsen Barr Purchase Amount: $18,413.00 !
Requesting Department: Utilities Contact Person: Tony Lombardi
Date: 9/29/08
Brief Description of Purchase:
Emergency Repair of wastewater gravity main line at 815 Canal Drive in Chapel Hill
Source for Purchase: Bid# 065-2821-07/JA Fund Source: 401-2815-536-46.42
Page 1
6 Vendor: Driveway Maintenance, Inc. Purchase Amount: $20,887.00
equesting Department: Engineering Contact Person: George Mantell
Date: 8/29/08
Brief Description of Purchase:
Replace Asphalt Sidewalk on SW 3rd Street
Source for Purchase: Piggy Back FAU Bid#05A-451 Fund Source: 302-4905-580.63-24
7 Vendor: Driveway Maintenance, Inc. Purchase Amount: $18,442.00
Requesting Department: Engineering Contact Person: George Mantell
Date: 8/29/08
Brief Description of Purchase:
Asphalt Sidewalks in the Meadows on Congress Ave.
Source for Purchase: Piggy Back FAU Bid#5A-451 Fund Source: 302-4905-580.63-24
8 Vendor: Driveway Maintenance, Inc. Purchase Amount: $16,914.00
Requesting Department: Engineering Contact Person: George Mantell
Date: 8/29/08
Brief Description of Purchase:
Repairs to Asphalt Sidewalk on SW 10th Ave.
Source for Purchase: Piggy Back FAU Bid#05A-451 Fund Source: 302-4905-580.63-24
9 Vendor: Driveway Maintenance, Inc. Purchase Amount: $17,404.00
~equesting Department: Engineering Contact Person: George Mantell
Date: 9/3/08
Brief Description of Purchase:
Replacement of Asphalt Sidewalk in Boynton Lakes
Source for Purchase: Piggy Back FAU Bid#05A-451 Fund Source: 302-4111-580.62-01
10 Vendor: Vermont Systems Purchase Amount: $15,432.00
Requesting Department: Contact Person: Dan Hager
Date: 9/4/2008
Brief Description of Purchase:
Replacement of the Links POS software system
Source for Purchase: Sole Source to integrate with HTE Fund Source: 411-2910-572.64-14
Page 2
11 Vendor: NDI Technologies, Inc. Purchase Amount: S39.625 DC;
Requesting Department: Police Contact Person: Doug Solomon
Date: 9/4/08
Brief Description of Purchase:
Veriplate 4 camera Pod (camera). Ready automated download of NCIC/FCIC hot list management software
Source for Purchase: Piggy Back City of North Miami Fund Source: 105-3034-513.64-15
Beach Bid#2008-002
12 Vendor: COW Government Inc. Purchase Amount: $21,37599i
Requesting Department: ITS Contact Person: Cathy McDeavilt
Date: 9/4/08
Brief Description of Purchase:
Software with Training
Source for Purchase: GSA Schedule GS-35F-0195J Fund Source: 001-2220-525.64-20
13 Vendor: Concept Seating, Inc. Purchase Amount: $10,048.00
Requesting Department: Police Contact Person: Lt. Lanier
Date: 9/8/08
Brief Description of Purchase:
8-Concept Seating 3150 Synchronicity II Chairs for Dispatch Personnel
Source for Purchase: Quotes Fund Source: 001-1810-519.64-20
14 Vendor: Purchase Amount:
Requesting Department: Contact Person:
Date:
Brief Description of Purchase:
Source for Purchase: Fund Source:
15 Vendor: Purchase Amount:
Requesting Department: Contact Person:
Date:
Brief Description of Purchase:
Source for Purchase: Fund Source:
Page 3
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
- - PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD P.O. #: 081456
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/01/08
VENDOR 6836
SHIP TO:
TO: S & F CONSTRUCTION INC. City of Boynton Beach
2180 SE 1ST STREET ENGINEERING DEPARTMENT
BOYNTON BEACH, FL 33435 100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
REQUISITION NO. 46857 ORDERING DEPARTMENT: PW/ENGINEERING INQUIRIES REGARDING
I COMMISSION APPROVED: PURCH/\SE ORDER CAll
DATE NEEDED: BID NO: (5Gl)742 G310
I
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 30021.40 DL SIDEWALK INSTALLTION S ATLANTIC, 1.0000 30021.40
OCEAN & GROVE RD
REMARKS:
Per attached$chea,ule of Values dated
Ju~~<la,~()Og.
PROCUREMENT SERVICES: P.O. TOTAL: 30021.40
ACCOUNT NO.
302-4905-580.63-24 30021.40
PI JR~HA!;JN(';
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
/
MEMORANDUM NO. 08-077
TO: Carol Doppler [~ECEIVED
Procurement JUL. 2 9 2008
Financial Services Department
@) ~I~~"
PF:OC ", . .ji~l~ i '. ~~~
FROM: George Mantell
Project Manager
Public Works Department- Engineering Division
DATE: 07/28/2008
SUBJECT: South Atlantic Dr, Ocean Parkway & Grove Rd installation of Sidewalks
Account# 302-4905-580-63-24 Project# CP0264
Please find the attached documentation for the installation of sidewalks on S Atlantic Dr, Ocean Parkway and
Grove Rd. As you will notice, I have secured three quotes for this project. The prices were $30,021.40 from S & F
Construction, Inc, $48,987.00 from Driveway Maintenance, Inc. and Talley Walker respectfully declined to bid.
their letter is attached. After reviewing these quotes I would appreciate you department completing the necessary
paperwork to issue a Purchase Order to S & F Construction, Inc. for the amount of $30,021.40.
In regard to the account number noted above please allow for a 10% contingency to cover any unforeseen
expenditures with the installation of the sidewalks.
If you have any questions regarding this matter, please call me at 742-6990. Thank you for your help.
Cc: Jeff Livergood, Director of Public Works
H. David Kelley, City Engineer PE/PSM
PURCHASE ORDER
~ CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD P.o. #: 081483
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/18/08
VENDOR 1775
SHIP TO:
TO: BOYLE ENGINEERING CORPORATION City of Boynton Beach
2090 PALM BEACH LAKES BLV FACILITY MANAGEMENT
SUITE 600 222 NE 9TH AVENUE
WEST PALM BEACH, FL 33409 BOYNTON BEACH, FL 33435
REQUISITION NO. 46924 ORDERING DEPARTMENT: FACILITIES/RC INQUIRIES REGARDING
PURCHASE ORDER CALL
DATE NEEDED: BID NO: I COMMISSION APPROVED: (551 )7425310
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 1. 00 EA FIRE STATION #3- UNDERGROUND FUEL 19995.0000 19995.00
STORAGE TANK
FS#3 10catectat350t~QJd:;.h
;~~~r#:wit~it~~ ... piu.p .
tas~Ptd$rfbrpr.dtessi6nal.... ..
a~~~~#$:p.qe:ix;.the
i;$W9y<:iiancftahk clo sure
.a:EJ~~$$ment of the
$x$@tlngsingle~wall underground
$t;gt:age t.ank .
... a1:;FS #3 per Flbridars D. E .J>.
. p.~~gulations Contract
~l(FQ#017;-2821-07/CJD
~:$I>'lARKS:. .
p~~ Proposal dated July 11, 2008.
,
PROCUREMENT SERVICES: P.O. TOTAL: 19995.00
ACCOUNT NO.
302-4199-580.64-02 19995.00
PURCHASING
,ut"'\l..nf-\'::>c UrlLJcn
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD :1+
P.O. BOX 310 __;. '.'1"~
BOYNTON BEACH, FLORIDA 33425-0310 ~-:,ATE : ~ 'I ::.:
VENDOR 6836
SHIP TO:
TO: S & F CONSTRUCTION INC. 2ity of Boynton Beach
2180 SE 1ST STREET ENGINEERING DEPARTMENT
BOYNTON BEACH, FL 33435 100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, F~ 33435
REQUISITION NO. 47005 ORDERING DEPARTMENT: PW/ENGINEERING r,,'l I
J f I,
DA TE NEEDED: BID NO: I COMMISSION APPROVED:
I
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 1. 00 EA SIDEWALK REPAIRS OCEAN AVE SW 14489.4500 14489.45
18TH AND 22ND ST
REMARKS:
piggy..:pack PBe SChQOlpistriot Bid #03C-75PA
(expiration 9~9-20C8).
PROCUREMENT SERVICES: P.O. TOTAL: 14489.45
.-.-----'
ACCOUNT NO. PROJECT
302-4905-580.63-24 CP0263 14489.45
PURCHASING
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD P 0 #. 081510
P.O. BOX 310 .. .
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/29/08
.JDOR 5067
SHIP TO:
TO: INSIGHT PUBLIC SECTOR City of Boynton Beach
218 E. ORANGE AVENUE FIRE STATION #1
LAKE WALES, FL 33853 100 E. BOYNTON BCH BLVD
BOYNTON BEACH, FL 33435
REQUISITION NO. 47042 ORDERING DEPARTMENT: FIRE RESCUE INQUIRIES REGARDING
PURCHASE ORDER CALL
DATE NEEDED: BID ~O: I COMMISSION APPROVED: (f,G1)742-631O
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 5.00 EA CF74 C2D/2.4 13.3TCH-160GB 1GB 2660.0000 13300.00
DVDR XP
.. ...
. ., .
VENDOR .IJt~HiQ;-CF-T4;lpagpN1
2 5.00 EA LINDf1~15g0-~7~5-~R~J{< . 101.1300 505.65
ADAE't~~ "",C~(EXTERN'ALr. ; ..
11 .1~- .
' ,,;:;';-"'\??::': :v:"~';.::.:: .
VENPO:R.:r:TEM NO."' PA1580-1745
3 5.00 EA P~$ONIq PROTECTION PLUS- 250.0000 1250.00
IN$IJRANCE. . .
P... :ARTS AND LABOR 3 YEARS.
.-... ":-, '; ,." '.
j~FOR ITEM NO.- C:&~SVCLTNF3Y ...... . .
REMARKS: ... . ........... ."
... ." .
N$;tional :r:;E>.APanasonic Contract #073103o;;;tbh the
. C$t:yof Tusdbn. " " "
PROCUREMENT SERVICES: P.O. TOTAL: 15055.65
ACCOUNT NO. PROJECT
001-2210-522.64-15 15055.65
PURCHASING
PURCHASE ORDER
.,..------' CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD "''', r~ #: 8158C
P.O. BOX 310 -' ,
BOYNTON BEACH. FLORIDA 33425-0310 L)ATE: -. "I q , f
VENDOR 0458
SHIP TO:
TO: MADSEN/BARR CORPORATION City of Boynton Beach
12113 INDIAN MOUND RD EAST UTILITY ADMIN
LAKE WORTH, FL 33467 124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
REQUISITION NO. 47243 ORDERING DEPARTMENT: UTILITIES ADMIN HS
DATE NEEDED: BID NO: COMMISSION APPROVED:
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COS'::'
1 1. 00 EA GRAVITY MAIN REPAIR 18413.0000 184:..,:.0
REMARKS:
Emergency Repair of wastewater gravity main line
at 815 Canal Drive in Chapel Hill.
Confirming Purchase Order - Invoice 06-64-09
dated September 9. 2008 is attached.
PROCUREMENT SERVICES: P.O. TOTAL: 18413.r
ACCOUNT NO. PROJECT
401-2815-536.46-42 18413.00
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: September 15,2008
Requesting Department: Utilities Contact Person: Tony Lombardi
Explanation for Purchase:
The Utility Department would like to utilize their repair contract # 065-2821-07/JA with Madsen/Barr
for the wastewater gravity main line repair at 815 Canal Drive in the Chapel Hill community. On
August 26,2008 a section of the gravity main was placed on by-pass while we made arrangements
for the necessary repairs. Madsen/Barr submitted a proposal based on unit prices from the City's
repair contract. The proposal was $16,517.00. Urgent repairs were needed and the Utility
Department was seeking approval ASAP to proceed. Repairs are complete and the system has
restored back to normal operating conditions. Attached is the proposal, map of the area and an
invoice for $18,413.00. The difference from the proposal is due to a larger section of pipe line
replacement and restoration.
I Recommended Vendor Madsen/Barr I
I Dollar Amount of Purchase $18,413.00 I
Source for Purchase (check and attach backup materials):
Three Written Quotations 0 GSA 0
State Contract 0 PRIDE 0
SNAPS 0 RESPECT D
Piggy-Back 0 Sole Source D
Emergency Purchase 0 Other EJ
Contract Number: City contract #065-2821-07/JA
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
~c- un ource or urchase:
9/~ 401-2815-536-46.42 Gravity Sewer Main Repair
tj
~ Approvals: --:= </)- q- \9-~DD
ey.:~ Department Head Date
Purchasing Agent Date
Asst City Manager Date
City Manager Date
Form Revised 02/01/02
Xc: Pete Mazzella
Barb Conboy
Tony Lombardi
Dan Spooner
PURCHASE ORDER
",,--- CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
1 00 EAST BOYNTON BEACH BOULEVARD it: )d~.5~. )
P.O. BOX 310 ' - .
BOYNTON BEACH. FLORIDA 33425-0310 ~ATE: DB '2Q/OE
VENDOR 874
SHIP TO:
TO: DRIVEWAY MAINTENANCE INC. City of Boynton Beach
PO BOX 10328 ENGINEERING DEPARTMENT
RIVIERA BEACH, , FL 33419 100 E. BOYNTON BCH. BLvr.
BOYNTON BEACH, FL 33435
REQUISITION NO. 46962 ORDERING DEPARTMENT: PW/ENGINEERING iNOl)", '
1; I I ~ I ,
DATE NEEDED: BID NO: I COMMISSION APPROVED:
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 20887.00 JOB REPLACE ASPHALT SIDEWALK ON SW 1.0000 20887.00
3RD STREET
Refer to Proposal 09~OB1229 for
Scope ofWbrk..
REMARKS:
Piggypack Florida Atlantic Uhivers:itYI3id 05A-451.
.-
PROCUREMENT SERVICES: P.O. TOTAL: 20887 C'C
._------
ACCOUNT NO. PROJECT
302-4905-580.63-24 CP0263 20887.00
",..,.-~""..,---,_.,_._.."_._,-
PURCHASING
PURCHASE ORDER
~ CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD P.o. #: 081511
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/29/08
, .~DOR 874
SHIP TO:
TO: DRIVEWAY MAINTENANCE INC. City of Boynton Beach
PO BOX 10328 ENGINEERING DEPARTMENT
RIVIERA BEACH, , FL 33419 100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
REQUISITION NO. 46947 ORDERING DEPARTMENT: PW/ENGINEERING INQUIRIES REGARDING
I COMMISSION APPROVED: PURCHASE ORDER CALL
DATE NEEDED: BID NO: (561)742-G310
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 18442.00 JOB THE MEADOWS - ASPHALT SIDEWALKS 1.0000 18442.00
Refer to P;t:'opqSa:J; .09j()af~:2~~or
scope of:w'ork.. .... . . ..> ... ... .
. .
.. .
REMA:R~:: ' ., ...:. . ,.. :'....
PiS9Y*~Cl<:Flo:r:id.a. Atlantic titd.veJ::'$~#Y.l3id 05A-451.
":..
PROCUREMENT SERVICES: P.O. TOTAL: 18442.00
ACCOUNT NO. PROJECT
302-4905-580.63-24 CP0263 18442.00
I
PURCHASING
,...._------- PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD # c:;-,
P.O. BOX 310
BOYNTON BEACH FLORIDA 33425-0310 DJ\.TE: 2 ~
VENDOR 874
SHIP TO:
TO: DRIVEWAY MAINTENANCE INC. 2ity of Boynton Beach
PO BOX 10328 ENGINEERING DEPARTMENT
RIVIERA BEACH, , FL 33419 100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
REQUISITION NO. 47034 ORDERING DEPARTMENT: PW/ENGINEERING
DATE NEEDED: BID NO: COMMISSION APPROVED:
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 16914.00 JOB REPAIRS TO ASPHALT SIDEWALK ON SW 1.0000 16914 00
10TH AVENUE
Refer to Proposal 09-081230 for
Scope of Work.
REMARKS:
Piggyback Florida Atlantic University Bid 05A-451
PROCUREMENT SERVICES: P.O. TOTAL: 16914.0l'
ACCOUNT NO.
302-4905-580.63-24 16914.00
-----'
PURCHASING
PURCHASE ORDER
..--- CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD P.o. #: 081525
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/03/08
\ OOR 874
SHIP TO:
TO: DRIVEWAY MAINTENANCE INC. City of Boynton Beach
PO BOX 10328 ENGINEERING DEPARTMENT
RIVIERA BEACH, , FL 33419 100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
REQUISITION NO. 47097 ORDERING DEPARTMENT: PW/ENGINEERING INQUIRIES REGARDING
PURCHASE ORDER CALL
DA TE NEEDED: BID NO: I COMMISSION APPROVED: (551}742531O
I
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 1. 00 EA REPLACEMENT OF ASPHALT SIDEWALK 17404.0000 17404.00
IN BOYNTON LAKES
REMARKS:
Scope of Work per Driveway Maintenance Proposal
09-081237 dated August 27, 2008.
Piggyback Flbrida Atlantic University RFP 05a-451
PROCUREMENT SERVICES: P.O. TOTAL: 17404.00
ACCOUNT NO. PROJECT
102-4111-580.62-01 CP0263 17404.00
PURCHASING
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
"._--.i=--.~'- , PROCUREMENT SERVICES DEPARTMENT
1 00 EAST BOYNTON BEACH BOULEVARD ,.., .
P.O. BOX 310 iT,
BOYNTON BEACH FLORIDA 33425-0310 i-\2.. ~t;~~ :
VENDOR 8629
.3HI:? TO:
TO: VERMONT SYSTEMS City of Boynton Beach
12 MARKET PLACE ~HE LINKS AT BOYNTON BCH
ESSEX JUNCTION, VT 05452 8020 JOG ROAD
BOYNTON BEACH, F~ 33437
REQUISITION NO. 47100 ORDERING DEPARTMENT: GOLF COURSE
DA TE NEEDED: BID NO: COMMISSION APPROVED:
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 1. 00 EA APPLICATION SOFTWARE 4250.0000 4250.C'J
2 1. 00 EA PROGRESS OPENEDGE SOFTWARE 700.0000 70e. 0
3 1. 00 EA ID HARDWARE 3595.0000 3595 0
4 1.00 EA MAGSTRIPE READER 98.0000 (~8 , (\
5 1. 00 EA SUPPORT SERVICES-TRAINING/TRAVEL 4800.0000 4800.0C
EXPENSES
6 1. 00 EA OTHER SOFTWARE AND SUPPORT 95.0000 9:: , C) 0
SERVICES
7 1. 00 EA APPLICATION SOFTWARE - 1570.0000 1 5 '7 :~! , 0 C:
MAINTENANCE
8 1. 00 EA PROGRESS OPENEDGE SOFTWARE - 254.0000 ~.54.0C!
MAINTENANCE
9 1. 0 0 EA SHIPPING ID CARD HARDWARD 60.0000 .:' =: C'I [1
10 1. 0 0 EA SHIPPING - MAGSTRIPE READER 10.0000 ,00
REMARKS:
GolfTrac is currently SunGard's only Approved
Solution Provider providing this type of service.
PROCUREMENT SERVICES: P.O. TOTAL: 15432.00
-i
ACCOUNT NO. system.
411-2910-572.64-14 15432.00
--------..-.----_-!
PURCHASING
PURCHASE ORDER
. CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD P.O. #: 081533
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/04/08
,\j DOR 1883
SHIP TO:
TO: NDI TECHNOLOGIES INC. City of Boynton Beach
725 WEST SR 434 POLICE DEPARTMENT
LONGWOOD, FL 32750 100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
REQUISITION NO. 47134 ORDERING DEPARTMENT: POLICE INQUIRIES REGARDING
PURCHASE ORDER CALL
DA TE NEEDED: BID NO: I COMMISSION APPROVED: (5G1)742 G310
,
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 1. 00 EA VERI PLATE 4 CAMERA POD (8 25500.0000 25500.00
CAMERA)
in-car ALPR system Including 4
P362 dual TR/Col
cameras, custom cables, VP-2S0 LPR
processor with
recognition and database modules;
Verip).ate pro
Client software forexistin.g
Laptop; Ethernet
cables (VP-250 Processor to
laptop)
NDI technologies 725 West SR 434,
Longwood, FL
32750 (1) 321 441 1800
www.nditech.net
Approved on 09-02-08 agenda
consent agenda B6 (pg
3) approve piggyback of City of
North Miami Beach
Bid #2008-002.
2 1. 00 EA VERI PLATE VISCE (BACK OFFICE 3250.0000 3250.00
SOFTWARE)
complete with advances search and
mapping
capabilities. Full statistical
and management
reporting capability. FDLE/NCIC
PROCUREMENT SERVICES: P.O. TOTAL:
ACCOUNT NO. ready (automated
105-3034-513.64-15 download of NCIC/FCIC hot-list
I
PURCHASING
PURCHASE OKlJtK
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310 i1
BOYNTON BEACH. FLORIDA 33425-0310 ':.p.TF
VENDOR 1883
SHIP Iro:
TO: NDI TECHNOLOGIES INC. ::i t)' of Boynton Beach
725 WEST SR 434 POLICE DEPARTMENT
LONGWOOD, FL 32750 '00 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
REOUISITION NO. 47134 ORDERING DEPARTMENT: POLICE
DATE NEEDED: BID NO: COMMISSION APPROVED:
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
every 3 hours) .
Hot-list management software.
3 1. 00 EA VERI PLATE PREDATOR 5000.0000 5000.00
pack includes OSSI mobile CAD
integration module.
Single click "live check" to
verify the alert with
FCIC?NCIC in real time. V-Comm
communications
gateway with push/pull messaging
technology.
Dispatch and investor client
software. Advanced
mapping and location applications.
4 1.00 EA ON-SITE NEXT DAY SUPPORT @ 3375.0000 33/'5.00
10% (FIX/REPLACE) YEAR 1
5 1. 00 EA INSTALL, COMMISION, TRNG 2DAYS 2500.0000 2500.00
REMARKS:
Deduct $500.00 if payment is made within 7 days
of delivery.
Deduct $300.00 if payment is made within 14 days
of delivery.
.- ---~
PROCUREMENT SERVICES: P.O. TOTAL:
----..--..-..
ACCOUNT NO.
105-3034-513.64-15 39625.00
~_.._---~-~,....~...
PURCHASING
PURCHASE ORDER
- - CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD P.O. #: 081526
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/04/08
JDOR 4598
SHIP TO:
TO: CDW GOVERNMENT INC. City of Boynton Beach
230 NORTH MILWAUKEE AVE ITS DEPARTMENT
VERNON HILLS, IL 60061 100 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33435
REQUISITION NO. 47099 ORDERING DEPARTMENT: ITS INQUIRIES REGARDING
T COMMISSION APPROVED: PURCHASE ORDER CALL
DATE NEEDED: BID NO: 1561)7426310
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 1. 00 EA F4W PAS-25 BGAN BUNDLE 17760.0000 17760.00
VENDOR ITEM NO.~ 1529648
2 1. 00 EA F4W PSI VOIP EXPANSION KIT 2615.9900 2615.99
VENDOR ITEM NO.'"' 1554491
3 1. 00 EA ONSITE DEPLOYMENT TRAINING- 8 1000.0000 1000.00
HOURS
VENDOR ITEM NO.- 1459064
REMARKS:
Refer to CDW-G quote LRD2189
pricing Per GSA Schedule GS-35F-0195J
PROCUREMENT SERVICES: P.O. TOTAL: 21375.99
ACCOUNT NO.
001-2220-525.64-20 21375.99
PURCHASING
PURCHASE ORDER
--- CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310 ' - -
BOYNTON BEACH FLORIDA 33425.0310 .1;0:, 'l'E : r ' C~ -
VENDOR 1899
SHIP TO:
TO: CONCEPT SEATING INC. :::lty of Boynton Beach
W226 N825 EASTMOUND DRIVE POLICE DEPARTMENT
WAUKESHA, WI 53186-1690 100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
REQUISITION NO. 47144 ORDERING DEPARTMENT: POLICE
DATE NEEDED: BID NO: COMMISSION APPROVED:
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 8.00 EA 8-CONCEPT SEATING 3150 1199.0000 9592 00
SYNCHRONICITY II CHAIRS
***BEST OF THREE QUOTES
ATTACHED****
CONCEPT SEATING INC.
W226 N825 EASTMOUND DRIVE, SUITE B
WAUKESHA, WI 53186-1690
1-800-892-5563
1-800-550-2298 (FAX)
****PLEASE RETURN PO TO PD*****
QUOTE ATTACHED - 080808-08 DATED
8l8/08
2 1. 00 EA FREIGHT 456.0000 456.00
PROCUREMENT SERVICES: P.O. TOTAL: 10048.0:
ACCOUNT NO.
001-1810-519.64-20 10048.00 I
!
__u,__~..._
PURCHASING
VI.-CONSENT AGENDA
ITEM G.
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 Meetinl! Dates in to City Clerk's Office
o August 19,2008 August 4, 2008 (Noon) o October 21,2008 October 6, 2008 (Noon)
o September 2, 2008 August 18,2008 (Noon) (gI November 5, 2008 October 20, 2008 (Noon)
o September 18, 2008 o November 18, 2008 0
September 2, 2008 (Noon) November 3, 2008 (Noo.z:, ~::;
CO ~-<
o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (N~ -<<a
-c n""
N ;-m
1"'1.0
- ~-<
0 Announcements/Presentations 0 City Manager's Report ;z::. ='5z::
~-l
NATURE OF 0 Administrative 0 New Business :x 0
6 0%
AGENDA ITEM .."
rxI Consent Agenda 0 Legal .. '"'I;l-
- -M'I
01>
0 Code Compliance & Legal Settlements 0 Unfinished Business - I"IlQ
0 0 ::r:
Public Hearing
RECOMMENDATION: Approve a payment in the amount of $46,302 to Nowlen, Holt & Miner, P.A., Certified
Public Accountants, the City's auditors, for excess time incurred in completing the audit for fiscal year ended
September 30, 2007.
EXPLANATION: With the departure of the three accounting positions in Financial Services in September 2007,
many year-end closing and reconciliation tasks were not undertaken until we were fully staffed earlier this year. In
addition, there were a number of errors made by the City in two major areas that resulted in the excess audit time
incurred by the auditors. These two areas were fIXed assets in 2006 and 2007 and grants primarily related to
reimbursement for Hurricane Wilma costs in 2005. Staff verified the reasonableness of the excess time incurred.
PROGRAM IMPACT: We believe the circumstances causing the excess audit time is now behind us and this should
not reoccur.
FISCAL IMP ACT: The additional audit fee is a significant 52% increase beyond the $89,000 contract amount.
ALTERNATIVES: None.
o:({; ~
Department Head's Signature City Manager's Signature
Assistant to City Manager ~
Financial Services IfNI
Department Name City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~ ~
N H NOWLEN, HOLT & MINER, P.A.
-- -~~,.--.,..., --~~~~~~_._"
It, M CERTIFIED PUBLIC ACCOUNTANTS EVERETT B NOWEL~~~b~~9~+ g~
WILLIAM B, MINER, CPA
ROBERT W fiENDRIX, JR, CPA
JANET R. BAAICEVICH CPt
WEST PALM BEACH OFFICE
115 FIFTH STREET. SUITE 200
POST OFFICE BOX 347
WEST PALM BEACH. FLORIDA 33402-0347
TELEPHONE (561) 659-3060 KATHLEEN A. MINER, CPA
FAX 1561; 835-0628 ROBERT W HELMREICH, CPA
TERRY L. MORTON, JR" CPA
N. RONALD BENNETT, CPA
J. MICHAEL STEVENS, CPA
DANIEL A KIRCHMAN, CPA
ALEXIA G. VARGA, CPA
BRIAN J, BRESCIA. PFS, CPA
DONALD D. RINZEL, CPA
October 14,2008 ---_.'
BELLE GLADE OFFICE
333 S, E. 2nd STREET
POST OFFICE BOX 338
BELLE GLADE. FLORIDA 33430-0338
TELEPHONE (561) 996-5612
City of Boynton Beach FAX (5611 996-6248
100 East Boynton Beach Blvd. 49 I'
Boynton Beach, FL 33425
Due Date: 10/24/08
Invoice #: 24607
For professional services rendered through October 14,2008 regarding:
- Accounting Services for excess time incurred for
grants and fixed assets through October 14, 2008
(see schedule attached)
Hours 85.35
Rate (average rate discounted at 30%) 127.85
TOTAL AMOUNT DUE $10.912.00
THANK YOU FOR THE OPPORTUNITY TO SERVE YOU!
----
A finance charge on past due accounts will be calculated
at a rate of I ',,% per month for an annual percentage rale of 150/[
I
NfJoi . NOWLEN, HOLT & MINER, P.A.
Ii M -~._~-~ ~-""'~~-'-'--"''-'-'''''''''''''''''''''-''''''~r
CERTIFIED PUBLIC ACCOUNTANTS EVERIITfa.~~g:
WlUWol B. MINER, CPA
R08ERT W. HENDI\Il(. JR., CPA
JI<NEr R._CEYlCH. c"'"
WEST PALM BEACH OPFIce
215 fJF'I'H ST1WlT. sum 200
POST OFFICS BOX 347 ~
WEST PALM BEACH, FtOlUDA 33402-0347
TELEPHONE (561) 6S9-3060 KATHl.EEN II. MINER. CPA
FAX (561) 83S.062S ROBEllT W. HEI.MR&ICII. CPA
TERRY l.. MOR1tlN. JR.. C"",
H.AOIW.DBENNElT,C"'"
J. MICJWIl. STEVENS. C"'"
OANIEl.II. ~ CPA
AI.EXIO. G. ~ CPA
BRIAN J. BllESCIA, PFS. CPA
00NAlJ) 0. RINZEl, CPA
October 17, 2008
-~
BEllE GlADE OFFICE
333 S. E. 2nd STREET
POST OFFICE IlOK 338
City of Boynton Beach BELLE GLADE, FlORlOA:J3430.0338
TELEPHONE (6ll1) lIll8-S612
100 East Boynton Beach Blvd. FAX (58t) 1llI&-6248
14915
Boynton Beach, FL 33425
Due Date: 10/27/08
--------------------------------------------------------------------------------------------------------------------
For professional services rendered through August 31,2008 regarding:
- Accounting services for excess time incurred for
grants and fixed assets thru August 31, 2008
Hours 326
Rate (average fate discounted at 30%) 108.56
TOTAL AMOUNT DUE $35.390.00
THANK YOU FOR THE OPPORTUNITY TO SERVE YOU!
- .........~....;.ou.
A finance chaJge on past due accounts will be calculated
at a rale of I~& per month fur an annual percentage rate of (5%
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM A
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o August 19,2008 August 4, 2008 ~oon) o October 21, 2008 October 6, 2008 ~oon)
o September 2, 2008 August 18,2008 (Noon) I:8J November 5, 2008 October 20, 2008 (Noon)
o September 16, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3,2008 (Noon)
o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17, 2008 ~oon)
0 Announcements/Presentations I:8J City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Discussion of Neighborhood Stabilization Program (NSP) Options
EXPLANA TION: The City of Boynton Beach as a Community Development Block Grant Entitlement (CDBG) community
received notification from the Federal Housing and Urban Development Department (HUD) of an allocation of $2,963,311.
The NSP program is considered an adjunct of the CDBG program in that the CDBG program reporting requirements must be
met and the proposal for the use ofNSP funds is considered as an amendment to the City's CDBG program. The eligible
activities of the NSP program are summarized as follows:
NSP funds may be used for activities which include, but are not limited to:
. Establishing financing mechanisms for purchase and redevelopment offoreclosed homes and residential properties;
. Purchasing and rehabilitating homes and residential properties abandoned or foreclosed;
. Establishing land banks for foreclosed homes;
. Demolishing blighted structures; or
. Redeveloping demolished or vacant properties
Attached is a summary document from HUD that details the basic program goals and objectives.
The City must submit its program proposal to HUD by December 1, 2008. This report is a summary of the recommended
program elements for the Boynton Beach NSP application. HUD will review and comment on the City's application. If
approved, the funds must be encumbered within eighteen (18) months of the program approval and all funds spent within four
(4) years of program approval by HUD.
PROGRAM IMPACT: Preliminarily, the City is proposing the following areas of program activity:
I. Down payment Assistance for the Ocean Breeze Project (administered by the CRA) $400,000 (note: the CRA and
Developer must comply with all applicable Federal regulations)
2. Scattered site deteriorated structure purchases in Heart of Boynton Area $400,000.
3. Foreclosed Property Purchase and Rehabilitation City Wide $1,873,311 (there are currently 153 known foreclosed
residential properties in the corporate limits)
4. Administrative Costs (10% allowed) -- $290,000 for staff support on rehab and program administration
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMP ACT: The funds are new funds per the Federal Legislation and are available to the City provided that the NSP
program objectives are met.
ALTERNATIVES: Decline to authorize a program and allow the City's allocation to be placed in a state-wide pool.
}
4b ---"
Department Head's Signature
Assistant to City Manager ~
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
I!IRY~e~ eRA
iI East Side~West Side-Seaside Renaissance
MEMO
DATE: October 24, 2008
TO: Quintus Greene, Development Director
CC: Kurt Bressner, City Manager
Octavia Sherrod, Community Improvement Manager
Lisa A. Bright, Executive Director, CRA
Lori La Verriere, Assistant City Manager
RE: Request for Allocation from Neighborhood Stabilization Program Funds
for Ocean Breeze West
The CRA purchased the Boynton Terrace Section 8 apartment complex in 2007 after it was
condemned by the City for structural damage caused by Hurricane Wilma. The CRA paid for the
demolition of the buildings on the approximately eight acre site. Currently the site is vacant.
The site is located within the Heart of Boynton neighborhood, the Community Redevelopment
Area and is within a Qualified Census Tract. The site has been identified in the Heart of Boynton
Community Redevelopment Plan as a priority site for redevelopment.
Through an RFP process, the CRA selected American Realty to redevelop the site. American
Realty proposes approximately 30 single-family homes on the west side and approximately 84
rental units on the east side of the site.
The CRA and the developer, American Realty is currently focusing on the development of the
for-sale single family portion of the project (the west side). Recently, the CRA voted to reduce
the price of the land to the developer from $1.68M to $600,000 in order to ensure the
affordability of the homes to buyers. Additionally, the CRA will provide $20,000 per lot of down
payment assistance to the buyers.
The total project cost is approximately $6.28M exclusive ofthe land value of$3.5M. The homes
will sell for $177,250 - $199,750 and will utilize Energy Star appliances and other energy
efficient technologies. The homes will be sold to families earning between 50-120% ofMHI.
Even with the CRA's large reduction in the price of the land, there is still a gap to the buyer.
Therefore, the CRA in partnership with American Realty is requesting an allocation of funds
from the $2.9M the City was awarded from the Neighborhood Stabilization Program. We are
requesting $13,333 per home or $400,000 to be used for down payment assistance. This amount
represents 5% ofthe total project cost including the CRA contributions.
American Realty states that they will abide by the Davis-Bacon and Related Acts'with regard to
reporting on wages paid to contractors and their employees working on the project. Due to the
projects location and visibility, the redevelopment of this site has the potential to catalyze future
redevelopment in the neighborhood and therefore is deserving of funding to assist buyers.
Property Purchases on N.W. 10th Avenue.
There are currently five (5) privately owned duplex type residential properties, adjacent
to the existing cemetery along the south side of N.W. 10th Ave. (M.L. King Blvd.)
between Seacrest and N.W. 1st Street. All of these are rental properties in poor
condition. Of these, the two easternmost properties at 112 and 118 N.W. 10th Ave are
vacant and boarded. The other three properties at 124, 128, and 134 N.W. 10lh Ave.
respectively, appear to be occupied.
Given the blighted condition of these five properties, their highly visible location in the
Heart of Boynton community, and the fact that four of the five are owned by absentee
landlords with no other interest in the community, their removal has long been
considered desirable by community residents. The elimination of these properties and
the conversion of the site to public use as passive open space would be consistent with
the adopted Heart of Boynton Plan.
Approximately three years ago initial steps were taken by City staff to pursue an
opportunity purchase of the three properties owned by Andrew Luchey at 118, 124 and
128 N.W. 10lh Ave. Unfortunately, the inflated property values at the time were such that
the initial appraised value of these parcels far exceeded the ability of the City to go
forward with the purchase.
Today, however, market conditions have changed considerably and these properties
appear to be valued at a more reasonable level. Although three of the properties (112,
118, and 124 N.W. 10lh Ave.) have outstanding liens, none appears to be in foreclosure.
Should the City pursue the purchase of any of the three occupied properties, it will be
necessesary to relocate the existing residents. The extent of relocation assistance will
be determined by the status of the residents and the funding source used to purchase
the property. Use of Federal funds, for example, (Le. from the Community Development
Block Grant or Neighborhood Stabilization Program) will require the application of the
Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970
(URA).
Compliance with this act will necessitate the expenditure of considerable staff time to
survey and document the status of existing tenants to determine eligibility for rental
assistance. Under the act tenant occupants may be eligible for a rental assistance
payment to supplement the costs of leasing a comparable replacement dwelling, or
downpayment assistance to purchase a replacement dwelling. The rental assistance
payment is based on the difference, if any, between the cost of the monthly rent and
utilities of the displacement dwelling and a comparable decent, safe, and sanitary
replacement dwelling. The URA establishes a 42 month period for supplementing this
payment difference, for a total amount up to $5,250.
Staff would recommend, at a minimum, pursuing the acquisition of the two vacant
properties. Staff would also recommend that, should a decision be made to go forward
and purchase any of these parcels, it would be less time consuming and less costly if
they could be acquired without the use of Federal funds.
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THE PALM BEACH POST · MONDAY"OCfOBER 20,2008 58
'."$,"6',' 3, 0' 000 NO.'33509751't. , '
" " ' ~" ' CITY OF BOYNTON BEACH. DEPARTMENT Of DEVELOPMENT
, , COMMuNITY IMPROVEMENT DMSfON
, .. " (CIO) - NEIGH80RHOOD STA8IUZAnON:PROGRAM :
':. m busmessowners, home- 'NonCE OF PUBLIC MEETING
ers and landlords. th '~J --..--' bl' .
"I've metI"eSidents who On July 30, 2~08, e Unl""" ~s Congress approveo Pu ICLaW 11MB9 -.Tlile
, had~..d--n. ;tuati" lIIl)f.the HOUSing and Econo~lIc ~ery Ar.!, .2008(H,~I. The Ac:t,appropnates
~, . ~u.,~me 51 . O~. fonchJ\B ror' emergency asslslance for ,the ~lopmenl' of a'bOndoned and
, ' liens on f!1.eli' Properti~,foreCIQsed, homes and residential properties. ,The Neighllorhood Stabilization
,Suza:tiD.e Mulvehill, Program' fUnds were awarded to CPBG enlftt$inen! cominuni~es based' on, eadJ
J "didate for the District communif}ls,t~I,forecloll,l/'ll,pnd abandOl1irianl~. The Cily Of'Boynfontleach
: commission seat "Th.athas ~.n aWar~ $~,963,3~ 1. .~ funa~ wi\l',.beaccessed by way, cif an
'ole sense of helplessness apphC(rii.on.SlIbmltted by the Clly Of Boyn~nBeaclt to.~ Federal Deportmellt!lf
::, " . helmirig" , ' th" 'm' 'Housing and1Jrban DlW&lopment (HUD) bnor'before DeCember 1 , 2008. . , , (', '
~rw m,eco -, '"
, uriity.", . Nei9"borbood Stabil~n Program. .. . " .
:' In cO ' ' io er ' To-Ann The purpose of the Neighborhood Stablhzation ~rogram ~s.!o asSist In the ..,.
'. , ~ss n: ' J' reclevelop~t of pbandonecl and'-:Iosed properties. All actiVIties funded under
oldens VIew, ~e answer the pl"9gram mU$t be used to prwide laenefitsto :iRtlividuals and families whose ,
Ould pea co11;1bmed. effort incomisdO.noI exceed 120% oftl:te median inc:ome. At lease 25%6~ the gran'
. code enforcers, police of. must he expended on the purchase and recIeveIopme!lt o.f abandoned orforec::losecl.. '1
cersbankofficials Realtors resii;lentiolpioperfies that will'be used to hou_ persons or fa",ilies Whose inccirne' i.
, a: rbieve1.opment ~taffets to is ~ ~r beI~ ~ of !he a~ median ~ inc~. Activities meeting other CD8G ,p, .
".th' ~+-..... 'al n,_. ~~qb~ ore not eligible for illls.fundmg. ".\'
. e. eC~'ySSOCl. lWS'., ~~....~:' 'H
,'While~~ty OffiCIals say. PriiriliJryand/orSecondary Mor1g.~Assisltrnce Yf
eyre. tp::llrmg. p.ro~s, they..' .' PurehCse....:.... ,RehaliililatiOn a. n, dSciIe.Of.~d0n8d.. and Faredosed J.'i..'.'.:.,
, nottn$ing many frien;ds, H~.GIit,;r Residential P.roperti~ . {jf~
; "You're ; not getting .' .~mento~landBaI),ks . ' ':,'
d, " Assistant City · Demolition of BhghtedSlrudures. I' l
, . Hanna ays' UV:ou' 're .. ~men' of Demolished or,~nt Properties .
., er,.. S " xc . Notice ~ Putilic MeetiRg '. . .
mg'ootso~here because lhetmyOf'Boyriton Beoch'sCommunily Improvement Division will be sponsq\iigg
,ere's. liometWng. wrong" So ' Q pu~i~.meetin91e discuss. the Nei!1'h~~ SiQbilizcilion ~rogrom ond '? io1iCit
;s very tough. on our staff. publIC IApIIl. All tlon-profits, pUblic agencies, and other IOlerestedpcirtiesar&
" ,the coi'npltinity." 'il1'Med to allend. The ~ng iJ to. ~ held:. "
. tonysorls@Pbp6st.com . Place: City CdmmlSSlon chambers
, - , 100 E. Boynton Beaddloulevard
Boynton Beach; Florida 33435
TIme: 6:30 p.m.
. . " .' ~ 'Monday, October '0, 2008
'IN ACcoRDANCE WJlH 1'HfO PIlOVlSIONS OF THE ,p.()A( 1'H1S MJ CAN lIE'ilEauEsmJ IN AlTERNA1Eo
.', . ;,,, " . _~T. AuJatJAAy AIDS Of SERVICES WIll BE~UPON REGiuEsT WITlHT lEAST THREE nAy
Suriday'.inCOMlCS ~ICowTAaCIDATt5611742-6066};-"
" ", '~r
,.t;
Wh.a-l'sabout to :b.ecome
. ." . .
, .
f Florid'a. hi-story?
AU the ,followingScratch-off Games :ottlhe Florida lotteI)'.
'"
I,
'....,...i:5,.....'..
~'. OJ'.,
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" ."
~: ~"
XI. - NEW BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 19, 2008 August 4, 2008 (Noon) o October 21. 2008 October 6, 2008 (Noon)
o September 2, 2008 August] 8, 2008 (Noon) ~November 5. 2008 October 20, 2008 (Noon)
0 September 18, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noon)
o October 7, 2008 o December 2, 2008 sa
September 15, 2008 (Noon) November] 7, 2008~) ~
-<
<::) ".
("") ~.
-c C"') .."
0 A nnoun cem ents/Presentati on s ~ity Manager's Report ~ I-tiU
1'1'10.
~-<
NA TURE OF 0 Administrative . New Business " ~z:
CI) ...,
AGENDA ITEM 0 Consent Agenda o Legal X 00
0 .z:- jj
Code Compliance & Legal Settlements o Unfinished Business ..
Co.)
0 Public Hearing 0 O"t ' ,
Q
:z:
RECOMMENDA TION: Provide Commission direction regarding continuation or modification of the current CRA Board
configuration.
EXPLANATION: Commissioner Marlene Ross has requested Commission discussion and/or action regarding
configuration of the Community Redevelopment Agency Board. The CRA Board was last reconfigured in June 2007 when
the City Commission, by Resolution 07-065, designated itself as the Community Redevelopment Agency Board.
Florida law provides several options for the configuration of the CRA Board:
Option 1- A CRA Board of not less than five or more than nine individuals appointed by the City Commission
Option2- The members of the City Commission.
Option 3- The members of the City Commission plus two additional persons appointed by the City Commission.
Option 2 is the current configuration of the CRA Board.
Florida law does not use the terminology "citizen board" nor is the term "citizen" used to describe who is qualified for
appointment to a CRA Board. The criteria for an individual to be appointed to a Community Redevelopment Agency Board
are as set forth in section 163.356, Florida Statutes as follows:
Any person may be appointed as commissioner if he or she resides or is engaged in business,
which means owning a business, practicing a profession, or performing a service for compensation,
or serving as an officer or director of a corporation or other business entity so engaged, within the
area of operation of the agency, which shall be cotel1Tlinous with the area of operation of the
county or municipality. and is otherwise eligible for such appointment under this part.
Appointment is based on City boundaries, not CRA boundaries.
SIBULLETINlFORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Under the tenninology of the Statute, the owner of a business in the City is qualified to be appointed to the CRA Board e\en
though the owner does not reside in the CRA area or the City, and the City Commission is without authority t(l IIllP",c: ,I
residency requirement
Neither a municipality nor the Community Redevelopment Agency which it establishes possesse;, authority to Impose
residence requirements for appointed commissioners of the agency in contlict with those residence requirements set l()]1h in
this section. Op.Atty.Gen. 90-19, March 9, 1990.
An officer or director of a not-for-profit corporation is a person engaged in business if the corporation perfonns sen Ices for
compensation within the area of a community redevelopment agency's operation. Op.Atty.Gen" 99-49. August 1::', 1999
Residence requirements for commissioners of a community redevelopment agency are established by this section and mandate
that appointed commissioners must reside in or be engaged in business "within the area of operation of the agency. which
shall be cotenninous with the area of operation of the ... municipali~ ...." Op.Atty.Gen. 9019, March 9, 199(1
PROGRAM IMPACT: Undetennined.
FISCAL IMPACT: Undetennined increase in operational costs is likely with an increase the number of Board
members.
ALTERNATlV The legal options for configuration of the Board are as set forth above.
I
/ J
j" .f"
,'~~~~,.~.~.__.
City Manager's Signature
Assistant to City Manager W<
City Attornev
r' .- ~._~--_._--~-'- .- -..--
Department Name Ci~ Attorney Finance
S \l3L'LLFTIMFORMS'AUFND., ITEM RU)1 lEST H.IRM f)( II
.
XII. - LEGAL - 1st Read"
ITEM C.1 m9
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 19,2008 August 4,2008 (Noon) D October 21 , 2008 October 6, 2008 (Noon)
D September 2, 2008 August 18,2008 (Noon) [8J November 5, 2008 October 20,2008 (Noon)
D September 18, 2008 September 2,2008 (Noon) D November 18, 2008 November 3, 2008 (Noon)
o October 7, 2008 September 15, 2008 (Noon) D December 2, 2008 November 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this tabled request on the November 5,2008 City Commission Agenda
under Legal: Ordinances - 1 st Reading. The City Commission on October 21, 2008 tabled the proposed ordinance to allow
additional time for staff to evaluate and assess the extent of new regulations and associated costs. For further details
pertaining to this request, see attached memorandum No. 08-077.
EXPLANATION:
PROJECT: Land Development Regulation (LDR) Rewrite Deliverable and Project Update
A portion of Group 6 - Property Maintenance Requirements
AGENT: City-initiated
DESCRIPTION: A portion of Group 6 deliverable, pursuant to the LDR Rewrite Work Schedule, which
includes Article IV, newly drafted Property Maintenance Requirements, to be codified
within existing Part II of the City's Code of Ordinances.
This proposed section will replace a portion of Chapter 20 (Building, Housing and
Construction General) of the LDR, and relocate it to Chapter 10 of Part II. This valuable
code section establishes new property maintenance requirements that would provide
minimum standards for the upkeep of all vacant and developed property in the city.
Unlike most portions of the LDR, which are interrelated and associated with new
construction or redevelopment, this section is independent from the LDR, targets existing
vacant and built properties, and would have immediate affect upon adoption.
PROGRAM IMP ACT: N/A
FISCAL IMPACT: N/A 0/:
ALTERNATIVES: N/~i' 1], ,~)
V [jiiu,j
"...,,Jf ~ City Manager's Signature
Developmen1LPepartme~t Director
Assistant to City Manager ~
Planning and Zonin rrector City Attorney / Finance
S:\P1anning\Zoning Code Update\LDR ewrite\Agenda Requests\Agenda Item Request LDR Group 6 Pt II Cpt 10 CDRV 07-004 11-5-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 08- (;.i /
J
" AN ORDINANCE OF THE CITY COMMISSION OF THE
.J
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING THE
5 CITY OF BOYNTON BEACH CODE OF ORDINANCES BY
6 AMENDING PART II, CHAPTER 10, "REFUSE, AND
7 ABANDONED PROPERTY" BY ENACTING A :\fEW
8 ARTICLE IV, "PROPERTY MAINTENANCE
9 REQUIREMENTS" TO PROVIDE FOR ST ANDARDS FOR
10 THE MAINTENANCE OF RESIDENTIAL AND NON-
11 RESIDENTIAL PROPERTIES WITHIN THE CITY;
12 REPEALING CITY OF BOYNTON BEACH CODE OF
13 ORDINANCES PART III, CHAPTER 20, ARTICLE 1,
14 SECTION 8, "BUILDING SECURITY CODE; ARTICLE II,
15 "ELECTRICAL CODE", ARTICLE V "ENERGY
,
16 EFFICIENCY CODE", ARTICLE VIII, "HOUSING",
17 SECTION 1, "GENERALLY", SECTION 2, "MINIMUM
18 ST ANDARDS", AND ARTICLE IX, "SWIMMING POOLS
19 AND SP AS"; PROVIDING FOR CONFLICTS,
20 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
21 DATE.
J'/
')'"l WHEREAS. the City Commission desires to amend the City's Property Maintenance
.:-_1
24 ode in order to provide a mechanism for the continued enforcement of property maintenance
)- tandards throughout the City: and
-)
26 WHEREAS. the application of specific property maintenance standards will al1m\. the
27 'ity to insure that residential and commercial structures are maintained in a safe. sanitar:. and
28 tructurally sound manner; and
29 WHEREAS, the adoption ofa new property maintenance code will be in the best interest
30 f the health. safety. and welfare of the residents. citizens. and business within the City of
31 oynton Beach.
32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
"" ITY OF BOYNTON BEACH, FLORIDA, THAT:
_1.J
J
1 Section 1. The foregoing whereas clauses are true and correct and are now ratified and
2 confirmed by the City Commission.
3 Section 2. That the following provisions of the City of Boynton Beach Code of
4 Ordinances are hereby repealed in their entirety: Part III, "Land Development Regulations", Chapter
5 20, Article I, Section 8, "Building Security Code; Article II, "Electrical Code", Article V, "Energy
6 Efficiency Code", Article VIII, "Housing", Section 1, "Generally", Section 2, "Minimum
7 Standards", and Article IX, "Swimming Pools and Spas", and shall be of no further force or effect.
8 Section 3. That Part II, Chapter 1 0, "Refuse and Abandoned Property", of the City of
9 Boynton Beach Code of Ordinances is hereby amended by enacting a new Article IV, "Property
10 Maintenance Requirements", to read as follows:
11 I hapter 10. Refuse, Abandoned Property, and Prooerty Maintenance Requirements
12 * * *
13 RTICLE IV. PROPERTY MAINTENANCE RE UIREMENTS
14 Sec. 10-54. Rules.
15 Unless otherwise expressly stated, the following terms shall, for the purposes of
16 this code have the meanings shown in this section.
17 (1) Interchangeability. Words stated in the present tense include the future;
18 words stated in the masculine gender include the feminine and neuter; the
19 singular number includes the plural and the plural, the singular.
20 (2) Terms not defined. Where terms are not defined through the methods
21 authorized by this section, such terms shall have ordinarily accepted
22 meanings such as the context implies.
23 (3) Parts. Whenever the words "dwelling unit," "dwelling," "premises,"
24 "building," "rooming house," "rooming unit" "housekeeping unit" or
25 "story" are stated in this code, they shall be construed as though they were
26 followed by the words "or any part thereof."
27 Sec. 10-55. Definitions.
28 As used in this article:
29 Approved: Approved by the City Manager or designee.
2
,
,
,
I
1 Basement.fhat portion of a building which is partly or completeh belo\~ grade,
') Bathroom: A room containing plumbing fixtures including a bathtub or shower,
-
" Bedroom: Any room or space used or intended to be used for sleeping purposes in
,)
4 either a dwelling or sleeping unit.
5 Condemn: To adiudge unfit for occupancy.
6 Dwelling Unit: A single unit providing complete. independent living facilities for
7 one or more persons. including permanent provisions for living. sleeping. eating. cooking.
8 and sanitation.
9 Easement: That portion ofland or property reserved for present or future use by a
10 person or agencv other than the legal fee owner(s) of the propertv. The easement shall be
11 permitted to be for use under, on. or above a said lot or lots.
12 Exterior Prooertv: The open space of the premises and on adioining propertv
13 under the control of owners or operators of such premises.
14 Extermination: The control and elimination of insects. rats or other pests bv
15 eliminating their harborage places: bv removing or making inaccessible materials that
16 serves as their food: by poison spraving, fumigating. and trapping or by any other
17 approved pest elimination methods.
18 Garbage: The animal or vegetable waste resulting from the handling. preparation.
19 cooking. and consumption of food.
20 Guard: A building component or a svstem of building components located at or
21 near the open sides of elevated walking surfaces that minimizes the possibilitv of a fall
'1'1 from the walking surface to a lower level.
'1" Habitable Soace: Space in a structure for living. sleeping, eating, or cooking.
~,)
24 Bathrooms. toilet rooms, closets. halls. storage or utility spaces. and similar areas are not
25 considered habitable spaces.
26 Housekeeping Unit: A room or group of rooms forming a single habitable space
27 equipped and intended to be used for living, sleeping, cooking, and eating which does not
28 contain, within such a unit. a toilet. lavatory and bathtub or shower.
29 Imminent Danger. A condition which could cause serious or life-threatening
30 iniurv or death at any time.
31 Infestation: The presence. within or contiguous to. a structure or premises of
,,') insects. rats. vermin or other pests.
,)~
"" Inooerable Motur J 'ehicle: A vehicle which cannot be driven upon the public
-' ,)
34 streets for reason including but not limited to being unlicensed, wrecked. abandoned. in a
35 state of disrepair. or incapable of being moved under its own power.
I "'
I Labeled: Devices, equipment, appliances, or materials to which has been affixed a
2 label, seal, symbol or other identifying mark of a nationally recognized testing laboratory,
3 inspection agency or other organization concerned with product evaluation that maintains
4 periodic inspection of the production ofthe above-labeled items and by whose label the
5 manufacturer attests to compliance with applicable nationally recognized standards.
6 Let for Occu/Jancv or Let: To permit, provide, or offer possession or occupancy of
7 a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is
8 or is not the legal owner of record thereof, pursuant to a written or unwritten lease,
9 agreement or license, or pursuant to a recorded or unrecorded agreement of contract for
10 the sale of land.
11 Occupancv: The purpose for which a building or portion thereof is utilized or
12 occupied.
13 Occupant: Any individual living or sleeping in a building, or having possession of
14 a space within a building.
15 Openable Area: That part of a window, skylight or door which is available for
16 unobstructed ventilation and which opens directly to the outdoors.
17 Operator: Any person who has charge, care, or control of a structure or premises
18 which is let or offered for occupancy.
19 Owner: Any person, agent, operator, firm or corporation having a legal or
20 equitable interest in the property; or recorded in the official records of the state. county or
21 municipality as holding title to the property; or otherwise having control of the property,
22 including the guardian of the estate of any such person. and the executor or administrator
23 of the estate of such person if ordered to take possession of real property by a court.
24 Person: An individual, corporation, partnership or any other group acting as a
25 unit.
26 Premises: A lot, plot, or parcel ofland, easement, or public way, including any
27 structures thereon.
28 Public Wav: Any street, alley, or similar parcel of land essentially unobstructed
29 from the ground to the sky, which is deeded, dedicated, or otherwise permanently
30 appropriated to the public for public use.
31 Roominf.! House: A building arranged or occupied for lodging, with or without
32 meals, for compensation and not occupied as a one- or two-family dwelling.
33 Roominf.! Unit: Any room or group of rooms forming a single habitable unit
34 occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
35 Rubbish: Combustible and noncombustible waste materials, except garbage. The
36 term shall include the residue from the burning of wood, coal, coke and other combustible
37 materials, paper, rags. cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard
4
1 trimmings. tin cans, metals, mineral matter. glass. crockery and dust and other,';E11llaX
I materials.
3 Sleeoinf[ Unit: A room or space in which people sleep. which can also include
4 permanent provisions for living, eating and either sanitation or kitchen facilities, but not
5 both. Such rooms and spaces that are also part of a dwelling: unit are not sleeping units.
6 Srructure: That which is built or constructed or a portion thereof.
7 Tenant: A person, corporation, partnership or group. whether or not the legal
8 owner of record. occupying a building or portion thereof as a unit.
9 Toilet Room: A room containing a water closet or urinal but not a bathtub or
10 shower.
11 T 'entilation: The natural or mechanical process of supplying conditioned or
1:2 unconditioned air to. or removing such air from. any space.
13 Workmanlike: Executed in a skilled manner; e.g., generally plumb. level. square.
14 in line. undamaged and without marring adjacent work.
]5 Yard: An open space on the same lot with a structure.
]6 Sec. 10-56. General requirements.
17 (a) General.
18 (1) Applicability. The provisions of this section shall govern the minimum
19 conditions and the responsibilities of persons for maintenance of structures.
20 equipment and exterior property located within the City.
21 (2) Responsibilitv. The owner of the premises shall maintain the structures
II and exterior property in compliance with these requirements. A person shall not
.:-.:::...
,.... OCCUPy as owner-occupant or permit another person to occupy premises which are
..;.j
24 not in a sanitary and safe condition and which do not comply with the
25 requirements of this section. Occupants of a dwelling unit rooming unit or
26 housekeeping unit are responsible for keeping in a clean. sanitary and safe
27 condition that part of the dwelling unit rooming unit housekeeping unit or
28 premises. which they occupv and control.
29 (3) Vacant structures and land. All vacant structures and premises thereof or
30 vacant land shall be maintained in a clean, safe. secure and sanitary condition as
31 provided herein so as not to cause a blighting problem or adversely affect the
32 public health or safetv.
1" (b) Exterior oroperty' areas.
-j
34 (1) Sanitation. All exterior property and premises shall be maintained in a
35 clean, safe, and sanitary condition. The occupant shall keep that part of the
36 exterior property. which such occupant occupies or controls in a clean and sanitary
37 condition.
)
1 (2) Grading and drainage. All premises shall be graded and maintained to
2 prevent the erosion of soil and to prevent the accumulation of stagnant water
3 thereon, except in approved retention areas and reservoirs, or within any structure
4 located thereon.
5 (3) Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,
6 parking spaces, and similar areas shall be kept in a proper state of repair, and
7 maintained free from hazardous conditions.
8 (4) Weeds. All premises and exterior property shall be maintained free from
9 weeds or plant growth in excess of twelve inches (12"). All noxious weeds shall
10 be prohibited. Weeds shall be defined as all grasses, plants, and vegetation, other
11 than trees or shrubs provided; however, this term shall not include cultivated
12 flowers, gardens, and yards certified by the Florida Yards and Neighborhoods
13 program.
14 (5) Rodent harborage. All structures and exterior property shall be kept free
15 from rodent harborage and infestation. Where rodents are found, they shall be
16 promptly exterminated by approved processes which will not be iniurious to
17 human health. After extermination, proper precautions shall be taken to eliminate
18 rodent harborage and prevent re-infestation.
19 (6) Exhaust vents. Pipes, ducts, conductors, fans, or blowers shall not
20 discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or
21 particulate wastes directly upon abutting or adiacent public or private property or
22 that of another tenant.
23 (7) Accessory structures. All accessory structures, including detached
24 garages, fences and walls, shall be maintained structurally sound and in good
25 repaIr.
26 (8) Defacement of property. No person shall willfully or wantonly damage,
27 mutilate or deface any exterior surface of any structure or building on any private
28 or public property by placing thereon any marking, carving or graffiti. It shall be
29 the responsibility of the owner to restore said surface to an approved state of
30 maintenance and repair.
31 (c) Swimming oools, soas, and hot tubs.
32 (1) Swimming pools. Swimming pools shall be maintained in a clean and
33 sanitary condition, and in good repair.
34 (2) Enclosures. Private swimming pools, hot tubs, and spas, containing water
35 more than 24 inches (610 mm) in depth shall be completely surrounded by a fence
36 or barrier at least 48 inches ( 1219 mm) in height above the finished ground level
37 measured on the side of the barrier away from the pool. Gates and doors in such
38 barriers shall be self-closing and self-latching. Where the self-latching device is
39 less than 54 inches ( 1372 mm) above the bottom of the gate, the release
40 mechanism shall be located on the poolside of the gate. Self-closing and self-
6
1 latching gates shall be maintained such that the gate will positivelY close and latch
2 when released from an open position of 6 inches ( 152 mm) from the gatepost. Nu
..., existing pool enclosure shall be removed. replaced. or chan~ed in a mannerJhat
_1
4 reduces its effectiveness as a safetv barrier. Spas or hot tubs with a safet\ cover
5 that complies with ASTM F 1346 shall be exempt from the pro\'isions-,,)Llhi~
6 section.
7 (d) l:.xterior structure.
8 (1) General. The exterior of a structure shall be maintained in good repair.
9 structurally sound and sanitary so as not to pose a threat to the public health.
10 safety. or welfare.
11 (2) Protective treatment. All exterior surfaces. including. but not limited to.
12 doors. door and window frames. cornices, porches, trim. balconies, decks and
13 fences shall be maintained in good condition. Exterior wood surfaces. other than
14 decav resistant woods. shall be protected from the elements and decay bv painting
15 or other protective covering or treatment. Peeling. flaking and chipped paint shall
16 be eliminated and surfaces repainted. All siding and masonry joints as well as
17 those between the building envelope and the perimeter of windows, doors. and
18 skylights shall be maintained weather resistant and watertight. All metal smfaces
19 subiect to rust or corrosion shall be coated to inhibit such rust and corrosion and
20 all surfaces with rust or corrosion shall be stabilized and coated to inhibit futme
21 rust and corrosion. Oxidation stains shall be removed from exterior smfaces.
22 Smfaces designed for stabilization by oxidation are exempt from this requirement.
23 (3 ) Premises identiiication. Buildings shall have approved address numbers
24 placed in a position to be plainly legible and visible from the street or road
25 fronting the property. These numbers shall contrast with their background.
26 Address numbers shall be Arabic numerals or alphabet letters. Numbers shall
27 have a minimum stroke width of 0.5 inch ( 12.7 mm) and shall be a minimum of4
28 inches ( 1 02 mm) high for single family units. 4 inches ( 1 02 mm) high at front and
29 rear entrances for multi - family units. and 6 inches ( 153 mm) for commercial units.
30 (4 ) Structural members. All structural members shall be maintained free from
31 deterioration. and shall be capable of safely supporting the imposed dead and live
..." loads.
J~
33 (5) Foundation walls. All foundation walls shall be maintained plumb and
34 free from open cracks and breaks and shall be kept in such condition so as to
35 prevent the entry of rodents and other pests.
36 (6) Exterior walls. All exterior walls shall be free from holes. breaks. and
37 loose or rotting materials. and maintained weatherproof and properlv smface
38 coated where required to prevent deterioration.
39 (7) Roofs and drainage. The roof and flashing shall be sound. tight and not
40 have defects that admit rain. Roof drainage shall be adequate to prevent dampness
41 or deterioration in the walls or interior portion of the structure. Roof drains.
-,
1 gutters, and downspouts shall be maintained in good repair and free from
2 obstructions. Roof water shall not be discharged in a manner that creates a public
3 nuisance.
4 (8) Decorative features. All cornices, belt courses, corbels, terra cotta trim,
5 wall facings, and similar decorative features shall be maintained in good repair
6 with proper anchorage and in a safe condition.
7 (9) Overhang extensions. All overhang extensions including, but not limited
8 to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust
9 ducts shall be maintained in good repair and be properly anchored so as to be kept
10 in a sound condition. When required, all exposed surfaces of metal or wood shall
11 be protected from the elements and against decay or rust by periodic application of
12 weather-coating materials, such as paint or similar surface treatment.
13 (0) Stairways, decks, porches and balconies. Every exterior stairway, deck.
14 porch and balcony, and all appearances attached thereto, shall be maintained
15 structurally sound, in good repair, with proper anchorage and capable of
16 supporting the imposed loads.
17 (11) Chimneys and towers. All chimneys, cooling towers. smoke stacks, and
18 similar appurtenances shall be maintained structurally safe and sound, and in good
19 repaIr. All exposed surfaces of metal or wood shall be protected from the
20 elements and against decay or rust by periodic application of weather coating
21 materials, such as paint or similar surface treatment.
22 (2) Handrails and guards. Every handrail and guard shall be firmly fastened
23 and capable of supporting normally imposed loads and shall be maintained in
24 good condition.
25 (13) Window, skvlight and door frames. Every window, skylight, door, and
26 frame shall be kept in sound condition, good repair, and weather tight.
27 a. Glazing. All glazing materials shall be maintained free from cracks
28 and holes.
29 b. Openable windows. Every window, other than a fixed window,
30 shall be easily openable and capable of being held in position by window
31 hardware.
32 (14) Insect screens. Every door, window and other outside opening required for
33 ventilation of habitable rooms, food preparation areas, food service areas or any
34 areas where products to be included or utilized in food for human consumption are
35 processed, manufactured, packaged or stored shall be supplied with approved
36 tightly fitting screens of not less than 16 mesh per inch ( 16 mesh per 25 mm ), and
37 every screen door used for insect control shall have a self-closing device in good
38 working condition.
39 ExcePtion: Screens shall not be required where other approved means, such as air
40 curtains or insect repellent fans. are employed.
8
I
I
I (15) Doors. All exterior doors, door assemblies, and hardware shall be
') maintained in good condition. Locks at all entrances tQ_ dwelling units and
-, sleeping units shall tightly secure the door. Locks on means\)f egress dOOL~ shall
-'
4 be in accordance with Section I 0-60(b )( 3 I:
5 (16) Basement and crawl space hatchwavs. Everv basement hatchwa\ shall be
6 maintained to prevent the entrance of rodents, rain. and surface draina2e\\ater..:.
7 (17) Guards for basement and crawl space windows and vents. Everv basement
8 window that is openable shall be supplied with rodent shields, storm windows or
9 other approved protection against the entry of rodents.
10 (18) Building security. Doors, windows, or hatchways for dwelling units. room
II units, or housekeeping units shall be provided with devices designed to provide
12 security for the occupants and property within.
13 a. Doors. Doors providing access to a dwelling unit, rooming unit, or
14 housekeeping unit that is rented, leased, or let shall be equipped with a
15 deadbolt lock designed to be readily openable from the side from which
16 egress is to be made without the need for keys, special knowledge. or
17 effort and shall have a lock throw of not less than 1 inch (25 mm). Such
18 deadbolt locks shall be installed according to the manufacturer's
19 specifications and maintained in good working order. For the purpose of
20 this section. a sliding bolt shall not be considered an acceptable deadbolt
21 lock.
22 b. Windows. Operable windows located in whole or in part within 6
23 feet ( 1828 mm) above ground level or a walking surface below that
24 provide access to a dwelling unit, rooming unit or housekeeping unit that
'l- is rented. leased or let shall be equipped with a window sash locking
-)
26 device.
27
28
29 (e) interior struclure_
30 (1) General. The interior of a structure and equipment therein shall be
31 maintained in good repair, structurally sound, and in a sanitary condition.
,,') Occupants shall keep that part of the structure which they occupv or control in a
-'~
33 clean and sanitary condition. Every owner of a structure containing a rooming
34 house, housekeeping unit, a hotel, a dormitory, two or more dwelling units or two
35 or more nonresidential occupancies, shall maintain, in a clean and sanitarv
36 condition, the shared or public areas of the structure and exterior propertv.
37 (2) Structural members. All structural members shall be maintained
38 structurally sound. and be capable of supporting the imposed loads.
l)
I (3) Interior surfaces. All interior surfaces, including windows and doors, shall
2 be maintained in good, clean, and sanitary condition. Peeling, chipping, flaking,
3 or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster,
4 decayed wood, and other defective surface conditions shall be corrected.
5 (4) Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch,
6 deck, or other walking surface shall be maintained in sound condition and good
7 repaIr.
8 (5 ) Handrails and guards. Every handrail and guard shall be firmly fastened
9 and capable of supporting normally imposed loads and shall be maintained in
10 good condition.
11 (6) Interior doors. Every interior door shall fit reasonably well within its
12 frame and shall be capable of being opened and closed by being properly and
13 securely attached to jambs, headers, or tracks as intended by the manufacturer of
14 the attachment hardware.
15 (f) Handrails and guardrails.
16 (1) General. Every exterior and interior flight of stairs having more than four
17 risers shall have a handrail on one side of the stair and every open portion of a
18 stair, landing, balcony, porch, deck, ramp or other walking surface which is more
19 than 30 inches (762 mm) above the floor or grade below shall have guards.
20 Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches
21 ( 1 067 mm) high measured vertically above the nosing of the tread or above the
22 finished floor of the landing or walking surfaces. Guards shall not be less than 30
23 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or
24 ramp or other walking surface.
25 Guards shall not be required where exempted by the Florida Building code.
26 (g) Rubbish and garbage.
27 (1) Accumulation of rubbish or garbage. All exterior property and premises,
28 and the interior of every structure, shall be free from any accumulation of rubbish
29 or garbage.
30 (2) Disposal of rubbish. Every occupant of a structure shall dispose of all
31 rubbish in a clean and sanitary manner by placing such rubbish in approved
32 containers.
33 a. Refrigerators. Refrigerators and similar equipment not in
34 operation shall not be discarded, abandoned, or stored on premises without
35 first removing the doors.
36 (3 ) Disposal of garbage. Every occupant of a structure shall dispose of
37 garbage in a clean and sanitary manner by placing such garbage in an approved
38 garbage disposal facility or approved garbage containers.
10
1 a. Garbage facilities. The owner of ever v dwelling shall supp!\' one
J of the following: an approved mechanical food vvaste grinder in each
3 dwelling unit: an approved incinerator unit in the structure available to the
4 occupants in each dwelling unit: or an approved leak-proof~Q~l.::!~_d~
5 outside garbage container.
6 b. Containers. The operator of everv establishment producing
7 garbage shall provide, and at all times cause to be utilized, approved leak-
8 proof containers provided with cJose- fitting covers for the storage of such
9 materials until removed from the premises for disposal.
10 (h) Extermination.
11 (1) Infestation. All structures shall be kept free from insect and rodent
12 infestation. All structures in which insects or rodents are found shall be promptly
13 exterminated by approved processes that will not be iniurious to human health.
14 After extermination. proper precautions shall be taken to prevent re-infestation.
15 (2) Owner. The owner of any structure shall be responsible for extermination
16 within the structure prior to renting or leasing the structure.
17 (3) Single occupant. The occupant of a one-familv dwelling or of a single-
18 tenant nonresidential structure shall be responsible for extermination on the
19 premIses.
20 (4 ) Multiple occupancy. The owner of a structure containing two or more
21 dwelling units, a multiple occupancy, a rooming house or a nonresidential
22 structure shall be responsible for extermination in the public or shared areas of the
23 structure and exterior property. If infestation is caused by failure of an occupant
24 to prevent such infestation in the area occupied, the occupant shall be responsible
25 for extermination.
26 (5) Occupant. The occupant of any structure shall be responsible for the
27 continued rodent and pest-free condition of the structure. Where the infestations
28 are caused by defects in the structure, the owner shall be responsible Jor
29 extermination.
30 Sec. 10-57. Lieht, ventilation and occupancy limitations.
31
'1") (a) General.
,)~
'l'l
_1_1
34 (1) Scope. The provIsIOns of this section shall govern the mInImUm
35 conditions and standards for light, ventilation, and space for occupying a structure.
36
37 (2) Responsi bilitv. The owner of the structure shall provide and maintain
38 light. ventilation and space conditions in compliance with these requirements. A
39 person shall not occuPY as owner-occupant, or permit another person to occupv,
40 any premises that do not comply with the requirements of this section.
41
] J
I
I
r
I
1 (3 ) Alternative devices. In lieu of the means for natural light and ventilation
2 herein prescribed, artificial light or mechanical ventilation complying with the
3 Florida Building Code shall be permitted.
4
5 (b) Lif?ht.
6
7 (1) Habitable spaces. Every habitable space shall have at least one window of
8 approved size facing directly to the outdoors or to a court. The minimum total
9 glazed area for every habitable space shall be 8 percent of the floor area of such
10 room. Wherever walls or other portions of a structure face a window of any room
11 and such obstructions are located less than 3 feet (914 mm) from the window and
12 extend to a level above that of the ceiling of the room, such window shall not be
13 deemed to face directly to the outdoors nor to a court and shall not be included as
14 contributing to the required minimum total window area for the room. Where
15 natural light for rooms or spaces without exterior glazing areas is provided
16 through an adioining room, the unobstructed opening to the adioining room shall
17 be at least 8 percent of the floor area of the interior room or space, but not less
18 than 25 square feet (2.33 mm). The exterior glazing area shall be based on the
19 total floor area being served.
20
21 (2) Common halls and stairways. Every common hall and stairway in
22 residential occupancies, other than in one- and two-family dwellings, shall be
23 lighted at all times with at least a 60-watt standard incandescent light bulb for
24 each 200 square feet 09 m2) of floor area or equivalent illumination, provided
25 that the spacing between lights shall not be greater than 30 feet (9144 mm). In
26 other than residential occupancies, means of egress, including exterior means of
27 egress, stairways shall be illuminated at all times the building space served by the
28 means of egress is occupied with a minimum of 1 footcandle 01 lux) at floors,
29 landings and treads.
30
31 (3) Other spaces. All other spaces shall be provided with natural or artificial
32 light sufficient to permit the maintenance of sanitary conditions, and the safe
33 occupancy ofthe space and utilization of the appliances, equipment, and fixtures.
34
35 (c) Ventilation.
36
37 (1) Habitable spaces. Every habitable space shall have at least one openable
38 window. The total openable area ofthe window in every room shall be equal to at
39 least 45 percent of the minimum glazed area required in Section 1 0-57(b)(1 ).
40 Where rooms and spaces without openings to the outdoors are ventilated throulSh
41 an adioining room, the unobstructed opening to the adioining room shall be at
42 least 8 percent of the floor area of the interior room or space, but not less than 25
43 square feet (2.33 mm). The ventilation openings to the outdoors shall be based on
44 a total floor area being ventilated.
45
46 (2) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply
47 with the ventilation requirements for habitable spaces as required above, except
12
1 that a window shall not be required in such spaces equipped \vith a ml,;chamciiJ
) ventilation system. Ajr exhausted bv a mechanical ventilation system Jl:Q]Jl~t
3 bathroom or toilet room shall discharge to the outdoors and shall nOJ.b~ LC:-
4 circulated.
5
6 (3 ) Cooking facilities. Unless approved through the certificate of occupanC\.
7 cooking shall not be permitted in any rooming unit or dormitory unh. and <!
8 cooking facility or appliance shall not be permitted to be present in the rooming
9 unit or dormitory unit. Cooking facilities may be located in a room otherwise
10 prohibited by this section where the Building Official specifically approves such a
11 location in writing. Devices such as coffee pots and microwave ovens shall n.Q! be
12 considered cooking appliances.
13
14 (4) Process ventilation. Where injurious. toxic. irritating. or noxious fumes.
15 gases, dusts or mists are generated. a local exhaust ventilation system shall be
16 provided to remove the contaminating agent at the source. Air shall be exhausted
17 to the exterior and not be re-circulated to any space.
18
19 (5) Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent
20 of all other systems and shall be exhausted in accordance with the manufacturer's
21 instructions.
22
)" (d) Occuoanq' limitations.
....,)
24
25 (1) Privacy. Dwelling units, hotel units. housekeeping units. rooming units
26 and dormitory units shall be arranged to provide privacv and be separate from
27 other adjoining spaces.
28
29 (2) Minimum room widths. A habitable room. other than a kitchen, shall not
30 be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear
31 passagewav of not less than 3 feet (914 mm) between counter-fronts and
32 appliances or counter-fronts and walls.
33
34 (3) Minimum ceiling heights. Habitable spaces. hallways. corridors. laundry
35 areas, bathrooms, toilet rooms and habitable basement areas shall have a clear
36 ceiling height of not less than 7 feet (2134 mm).
37
38 Exceptions:
39
40 a. In one and two-family dwellings, beams. or girders spaced not
41 less than 4 feet ( 1219 mm) on center and proiecting not more than 6
42 inches (152 mm) below the reg uired ceiling height.
43
44 b. Basement rooms in one and two-family dwellings occupied
45 exclusivelv for laundrv. study or recreation purposes. having a ceiling
46 height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet
1 )
I
I
1 4 inches ( 1932 mm) of clear height under beams, girders, ducts and similar
2 obstructions.
3
4 c. Rooms occupied exclusively for sleeping, study or similar
5 purposes and having a sloped ceiling over all or part of the roon
6 with a clear ceiling height of at least 7 feet (2134 mm) over not
7 less than one-third of the required minimum floor area. In
8 calculating the floor area of such rooms, only those portions ofthe
9 floor area with a clear ceiling height of 5 feet (1524 mm) or more shall be
10 included.
11
12 (4) Bedroom and living room requirements. Every bedroom and living room
13 shall comply with the following requirements:
14
15 a. Room area. Every living room shall contain at least 120 square
16 feet (1 1.2 m2) and every bedroom shall contain at least 70 square feet (6.5
17 m2).
18
19 b. Access from bedrooms. Bedrooms shall not constitute the only
20 means of access to other bedrooms or habitable spaces and shall not serve
21 as the only means of egress from other habitable spaces. This provision
22 shall not apply to units that contain fewer than two bedrooms.
23
24 c. Water closet accessibility. Every bedroom shall have access to at
25 least one water closet and one lavatory without passing through another
26 bedroom. Every bedroom in a dwelling unit shall have access to at least
27 one water closet and lavatory located in the same story as the bedroom or
28 an adiacent story.
29
30 d. Prohibited occupancy. Kitchens and non-habitable spaces shall not
31 be used for sleeping purposes.
32
33 e. Other requirements. Bedrooms shall comply with the applicable
34 provisions of this code including, but not limited to, the light, ventilation,
35 room area, ceiling height and room width requirements of this section; the
36 plumbing facilities and water-heating facilities requirements of Section 4;
37 the heating facilities and electrical receptacle requirements of Section 5;
38 and the smoke detector and emergency escape requirements of Section 6.
39
40 (5) Overcrowding. The number of persons occupying a dwelling unit shall not
41 create conditions that. in the opinion of the Chief Building OfficiaL endanger the
42 life, health, safety, or welfare of the occupants.
43
44 (6) Efficiency unit. Nothing in this section shall prohibit an efficiencv living
45 unit from meeting the following requirements:
46
14
1 a. A unit occupied by not more than two occupants shall hav~_,! clear
2 floor area of not less than 220 square feet 120A m21 A unit occupied b\
3 three occupants shall have a clear Door area of not less than 3 2(J~quare
4 feet (29. 7m2 ). These required areas shall be ~~clusj_~e ottb~ Jr~~~S
5 required bv Items 2 and 3.
6
7 b. The unit shall be provided with a kitchen sink, cooking appliance
8 and refrigeration facilities. each having a clear working space of not less
9 than 30 inches (762 mm) in front. Light and ventilation conforming to
10 this code shall be provided.
11
12 c. The unit shall be provided with a separate bathroom containing a
13 water closet. Javatorv, and bathtub or shower.
14
15 d. The maximum number of occupants shall be three.
16
17 (7) Food preparation. All spaces to be occupied for food preparation purposes
18 shall contain suitable space and equipment to store. prepare. and serve foods in a
19 sanitary manner. There shall be adequate facilities and services for the sanitarv
20 disposal of food wastes and refuse, including facilities for temporary storage.
21
22 Sec. 10-58. Plumbing facilities and fixture requirements.
-'''
~-)
24 (a) General.
'Y
-)
26 (1) Scope. The provisions ofthis section shall govern the minimum plumbing
27 svstems. facilities. and plumbing fixtures to be provided.
28
29 (2) Responsibility. The owner of the structure shall provide and maintain
30 such plumbing facilities and plumbing fixtures in compliance with these
31 requirements. A person shall not occuPY as owner-occupant or permit another
32 person to OCCUPy any structure or premises which does not campi v with the
33 requirements of this section.
34
35 (b) Required (acilities.
36
37 (1) Dwelling units. Every dwelling unit shall contain its own bathtub or
38 shower, lavatory. water closet, and kitchen sink which shall be maintained in a
39 sanitary, safe working condition. The lavatory shall be placed in the same room as
40 the water closet or located in close proximity to the door leading directly into the
41 room in which such water closet is located. A kitchen sink sha11 not be used as a
42 substitute for the required lavatorv.
43
44 (2) Rooming houses. At least one water closet, lavatorY' and bathtub or
45 shower shall be supplied for each four rooming units.
46
15
1 (3) Hotels. Where private water closets, lavatories and baths are not provided,
2 one water closet, one lavatory and one bathtub or shower having access from a
3 public hallway shall be provided for each ten occupants.
4
5 (4) Employees' facilities. A minimum of one water closet, one lavatory. and
6 one drinking facility shall be available to emplovees.
7
8 a. Drinking facilities. Drinking facilities shall be a drinking fountain,
9 water cooler, bottled water cooler, or disposable cups next to a sink or
10 water dispenser. Drinking facilities shall not be located in toilet rooms or
11 bathrooms.
12
13 (c) Toilet rooms.
14
15 (1) Privacy. Toilet rooms and bathrooms shall provide privacy and shall not
16 constitute the only passageway to a hall or other space, or to the exterior. A door
17 and interior locking device shall be provided for all common or shared bathrooms
18 and toilet rooms in a multiple dwelling.
19
20 (2) Location. Toilet rooms and bathrooms serving hotel units, rooming units
21 or dormitory units or housekeeping units, shall have access by traversing not more
22 than one flight of stairs and shall have access from a common hall or passageway.
23
24 (3) Location of employee toilet facilities. Toilet facilities shall have access
25 from within the employees' working area. The required toilet facilities shall be
26 located not more than one stOry above or below the employees' working area and
27 the path of travel to such facilities shall not exceed a distance of500 feet (152 m).
28 Employee facilities shall either be separate facilities or combined employee and
29 public facilities. Facilities that are required for employees in storage structures or
30 kiosks, which are located in adiacent structures under the same ownership, lease
31 or control, shall not exceed a travel distance of 500 feet ( 152 m) from the
32 employees' regular working area to the facilities.
33
34 (4) Floor surface. In other than dwelling units, every toilet room floor shall be
35 maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be
36 easily kept in a clean and sanitary condition.
37
38 (d) Plumbing svstems and fixtures.
39
40 (1) General. All plumbing fixtures shall be properly installed and maintained
41 in working order, and shall be kept free from obstructions, leaks and defects and
42 be capable of performing the function for which such plumbing fixtures are
43 designed. All plumbing fixtures shall be maintained in a safe, sanitary, and
44 functional condition.
45
46 (2) Fixture clearances. Plumbing fixtures shall have adequate clearances for
47 usage and cleaning.
16
1
'1 (3 ) Plumbing system hazards. 'W'here it is found that a plumbing svstem 111 a
-
3 structure constitutes a hazard to the occupants or the structure bv reason of
4 inadequate service. inadequate venting, cross connection. back-siphonage.
5 improper installation, deterioration. or damage or for similar reasons. the Buildinf2,
6 Official shall require the defects to be corrected to eliminate the hazard
7
8 (e) Water svstem.
9
10 (1) General. Every sink. lavatory , bathtub or shower, drinking fountain. water
11 closet. or other plumbing fixture shall be pro perl v connected to either. a public
12 water system or to an approved private water system. All kitchen sinks. lavatories.
13 laundry facilities. bathtubs and showers shall be supplied with hot or tempered
14 and cold running water in accordance with the Florida Building Code, Plumbing.
15
16 (2) Contamination. The water supply shall be maintained free from
17 contamination, and all water inlets for plumbing fixtures shall be located above
18 the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and
19 other hose bibs or faucets to which hoses are attached and left in place, shall be
20 protected by an approved atmospheric-type vacuum breaker or an approved
21 permanently attached hose connection yacuum breaker.
/'1
...,,, (3 ) Supplv. The water supply system shall be installed and maintained to
-'- .1
24 provide a supply of water to plumbing fixtures, devices, and appurtenances in
...,- sufficient volume and at pressures adequate to enable the fixtures to function
~)
26 properly. safely. and free from defects and leaks.
27
28 (4 ) Water heating facilities. Water heating facilities shall be properly
29 installed, maintained and capable of providing an adequate amount of water to be
30 drawn at every required sink. lavatory, bathtub, shower, and laundry facility at a
31 temperature of not less than 1 lOaF ( 43 aC). A gas-burning water heater shall not
"/ be located in anv bathroom, toilet room. bedroom or other occupied room
.1-
33 normallv kept closed. unless adequate combustion air is provided. An approved
34 combination temperature and pressure-relief valve and relief valve discharge pipe
35 shall be properly installed and maintained on water heaters.
36
37 (n Sanilar}' drainage svstem.
38
39 (1) General. All plumbing fixtures shall be properly connected to either a
40 public sewer system or to an approved private sewage disposal svstem.
41
42 (2) Maintenance. Every plumbing stack, vent, waste and sewer line shall
43 function properly and be kept free from obstructions. leaks and defects.
44
45 (g) Storm drainaxe.
46
17
1 (1) General. Drainage of roofs and paved areas, yards and courts, and other
2 open areas on the premises shall not be discharged in a manner that creates a
3 public nuisance.
4
5 Sec. 10-59. Mechanical and electrical requirements.
6
7 (a) General.
8
9 (1) Scope. The provisions of this section shall govern the minimum
10 mechanical and electrical facilities and equipment to be provided.
11
12 (2) Responsibility. The owner of the structure shall provide and maintain
13 mechanical and electrical facilities and equipment in compliance with these
14 requirements. A person shall not occupy as owner-occupant or permit another
15 person to OCCUPy any premises which does not comply with the requirements of
16 this section.
17
18 (b) Reserved.
19
20 (c) Mechanical equipment.
21
22 (1) Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-
23 burning appliances, cooking appliances and water heating appliances shall be
24 properly installed and maintained in a safe working condition, and shall be
25 capable of performing the intended function.
26
27 (2) Removal of combustion products. All fuel-burning equipment and
28 appliances shall be connected to an approved chimney or vent. This provision
29 shall not apply to fuel-burning equipment and appliances which are labeled for
30 unvented operation.
31
32 (3) Clearances. All required clearances to combustible materials shall be
33 maintained.
34
35 (4) Safety controls. All safety controls for fuel-burning equipment shall be
36 maintained in effective operation.
37
38 (5) Combustion air. A supply of air for complete combustion of the fuel and
39 for ventilation of the space containing the fuel-burning equipment shall be
40 provided for the fuel-burning equipment.
41
42 (6) Energy conservation devices. Devices intended to reduce fuel
43 consumption by attachment to a fuel-burning appliance, to the fuel supply line
44 thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless
45 labeled for such purpose and the installation is specifically approved.
46
47 (d) Electrical facilities.
18
1
2 (1) Facilities required. Every occupied building shall be provided with an
" electrical system in compliance with the requirements of this section.
-'
4
5 (2) Service. The size and usa~e of appliances and equipment shall serve as a
6 basis for determining the need for additional facilities in accordance with the
7 NFP A 70 - National Electrical Code. Dwelling units shall be served bv a three-
8 wire. 120/240 volt. single-phase electrical service having a rating of not less than
9 60 amperes.
10
11 (3) Electrical system hazards. Where it is found that the electrical svstem in a
12 structure constitutes a hazard to the occupants or the structure by reason of
13 inadequate service. improper fusing. insufficient receptacle and lighting outlets,
14 improper wiring or installation. deterioration or damage, or for similar reasons. the
15 Building Official shall require the defects to be corrected to eliminate the hazard.
16
17 (e) Electrical equipment
18
19 (1) Installation. All electrical equipment. wiring, and appliances shall be
20 properly installed and maintained in a safe and approved manner.
2]
22 (2) Receptacles. Everv habitable space in a dwelling shall contain at least two
23 separate and remote receptacle outlets. Every laundrv area shall contain at least
24 one grounded-type receptacle or a receptacle with a ground fault circuit
,~ interrupter. Every bathroom shall contain at least one receptacle. Am new
-)
26 bathroom receptacle outlet shall have ground fault circuit interrupter protection.
27
28 (3) Luminaries. Every public hall, interior stairway. toilet room. kitchen.
29 bathroom, laundry room, boiler room. and furnace room shall contain at least one
30 electric luminaire.
31
"') (f) Elevators. escalators and dumbwaiters.
-'-
""
-'-'
34 (1) General. Elevators. dumbwaiters. and escalators shall be maintained in
35 compliance with Florida statutes and ASME AI7 .1. The most current certification
36 of inspection shall be on displav at all times within the elevator or attached to the
37 escalator or dumbwaiter. or the certificate shall be available for public inspection
38 in the office of the building operator. The inspection and tests shall be performed
39 at not less than the periodical intervals listed in ASME AI7.I. Appendix N.
40 except where otherwise specified by the authority having iurisdiction.
41
42 (2) Elevators. In buildings equipped with passenger elevators, at least one
43 elevator shall be maintained in operation at all times when the building is
44 occupied. Buildings equipped with only one elevator shall be permitted to have
45 the elevator temporarily out of service for testing or servicing.
46
47 (g) Duct systems.
]9
1
2 (1) General. Duct systems shall be maintained free of obstructions and shall
3 be capable of performing the required function.
4
5 Sec. 10-60 Fire safety requirements.
6
7 (a) General.
8
9 (1) Scope. The provisions of this section shall govern the minimum
10 conditions and standards for fire safety relating to structures and exterior
11 premises, including fire safety facilities and equipment to be provided.
12
13 (2) Responsibility. The owner of the premises shall provide and maintain
14 such fire safety facilities and equipment in compliance with these requirements.
15 A person shall not occupy as owner-occupant or permit another person to occupy
16 any premises that do not comply with the requirements of this section.
17
18 (b) Means of eftress.
19
20 (1) General. A safe, continuous, and unobstructed path of travel shall be
21 provided from any point in a building or structure to the public way. Means of
22 egress shall comply with the Florida Fire Prevention Code.
23
24 (2) Aisles. The required width of aisles in accordance with the Florida Fire
25 Prevention Code shall be unobstructed.
26
27 (3) Locked doors. All means of egress doors shall be readily openable from
28 the side from which egress is to be made without the need for keys, special
29 knowledge, or effort, except where the door hardware conforms to that permitted
30 by the Florida Building Code.
31
32 (4) Emergency escape openings. Required emergency escape openings shall
33 be maintained in accordance with the code in effect at the time of construction,
34 and the following. Required emergency escape and rescue openings shall be
35 operational from the inside of the room without the use of keys or tools. Bars,
36 grilles, grates or similar devices are permitted to be placed over emergency escape
37 and rescue openings provided the minimum net clear opening size complies with
38 the code that was in effect at the time of construction and such devices shall be
39 releasable or removable from the inside without the use of a key, tool or force
40 greater than that which is required for normal operation of the escape and rescue
41 opemng.
42
43 (c) Fire-resistance ratings.
44
45 (1) Fire-resistance rated assemblies. The required fire-resistance rating of
46 fire-resistance-rated walls, fire stops, shaft enclosures, partitions, and floors shall
47 be maintained.
20
]
! (2) Opening protectives. Required opening protectives shall be maintained in
3 an operative condition. All fire and smoke-stop doors shall be maintained iJ}
4 operable condition. Fire doors and smoke barrier doors shall not be blocked or
5 obstructed or otherwise made inoperable.
6
7 (d) Fire protection svstems.
8
9 (1) General. All systems, devices and equipment to detect a fire, actuate an
10 alarm, or suppress or control a fire or any combination thereof shall be maintained
11 in an operable condition at all times in accordance with the Florida Fire
12 Prevention Code.
13
14 (2) Smoke alarms. Single or multiple-station smoke alarms shall be installed
15 and maintained in all multi-unit dwellings regardless of occupant load at all of the
16 following locations:
17
18 a. On the ceiling or wall outside of each separate sleeping area in the
19 immediate vicinity of bedrooms.
20
21 b. In each room used for sleeping purposes.
!!
!^' C. In each story within a dwelling unit, induding basements and
~-)
24 cellars but not including ( crawl spaces and uninhabitable attics. In
25 dwellings or dwelling units with split-levels and without an intervening
26 door between the adjacent levels. a smoke alarm installed on the upper
27 level shall suffice for the adiacent lower level provided that the lower level
28 is less than one full story below the upper level.
29
30 Single or multiple-station smoke alarms shall be installed in other groups
31 in accordance with the Florida Fire Prevention Code.
32
33 (3) Power source. In all multi-unit dwellings. single-station smoke alarms
34 shall receive their primarv power from the building wiring provided that such
35 wiring is served from a commercial source and shall be equipped with a battery
36 backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall
37 be permanent and without a disconnecting switch other than as required for over-
38 current protection. Smoke alarms are permitted to be solely battery operated in
39 buildings where no construction is taking place, buildings that are not served from
40 a commercial power source and in existing areas of buildings undergoing
4] alterations or repairs that do not result in the removal of interior wall or ceiling
42 finishes exposing the structure. unless there is an attic. crawl space or basement
4^' available which could provide access for building wiring without the removal of
J
44 interior finishes.
45
46 (4) Interconnection. Where more than one smoke alarm is required to be
47 installed within an individual dwelling unit in Group R-2. R-3. R-4 and in
21
1 dwellings not regulated as Group R occupancies, the smoke alarms shall be
2 interconnected in such a manner that the activation of one alarm will activate all
3 of the alarms in the individual unit. The alarm shall be clearly audible in all
4 bedrooms over background noise levels with all intervening doors closed.
5 Interconnection is not required in buildings. which are not undergoing alterations,
6 repairs, or construction of any kind. Smoke alarms in existing areas are not
7 required to be interconnected where alterations or repairs do not result in the
8 removal of interior wall or ceiling finishes exposing the structure. unless there is
9 an attic, crawl space or basement available which could provide access for inter-
10 connection without the removal of interior finishes.
11
12 Sec. 10-61. Penalties.
13
14 Any person convicted of the violation of any of the terms or provisions of this article or
15 any code, requirements. or standards adopted hereby shall be subject to penalties as
16 provided in Chapter 1 , Section 1-6 of the City of Boynton Beach Code of Ordinances. In
17 addition, the City may use any equitable or legal remedy available at law to enforce any
18 violation of the terms or provisions of the City's Code of Ordinances. If any person
19 commences any work on a building, structure, plumbing, mechanical, or gas system
20 before obtaining the necessary permit, he shall be subiect to a penalty offoUT (4) times the
21 established permit fee. The Director of Development may allow a waiver of the penalty
22 fee, in whole or in part, when such waiver is supported by the circumstances that apply to
23 the specific instance of imposing a penalty fee, and does not violate the best interests of
24 the city.
25
26 Sec. 10-62. Referenced standards.
27
28 This section lists the standards that are referenced in various section of this article. The
29 standards are listed herein by the promulgating agency of the standard, the standard
30 identification, the effective date. title, and the section( s) of this document that reference
31 the standards.
32
33 ASME American Society of Mechanical Engineers
34 Three Park A venue
35 New York, NY 10016-5990
36
37 Standard Reference Title
38
39 A17.1-2000 Safety Code for Elevators and Escalators with A17.1a 200d
40 Addend
41
42 ASTM ASTM International
43 100 Barr Harbour Drive
44 West Conshohocken, P A 19428-2959
45
46 Standard Reference Title
47
22
1 F 1346-91 (2003) Performance Specification for Safety Covers andL,!belm~
2 Requirements for all Covers for Swimming. Pools. Spa~oJ1A1_qJ::h)J
.., Tubs
,)
4
5 Florida Codes Florida Building Commission
6 c/o Florida Department of Communi tv Affairs
7 Building Codes and Standards
8 2555 Shumard Oak Boulevard
9 Tallahassee. Florida 32399-2100
10
] 1 Standard Reference Title
]2
13 Florida Building Code. Building
]4 Florida Building Code. Residential
15 Florida Building Code. Plumbing
16 Florida Building Code. Mechanical
17 Florida Building Code. Fuel Gas
18 Florida Building Code. Existing Building
19 Florida Fire Prevention Code
20
21 NFPA National Fire Protection Association
'1, Batterymarch Park
..,.., Quincv. MA 02269
....,)
24
, - Standard Reference Title
~)
26
27 70-05 National Electric Code
28
29 Section 4. Each and every other provision of the City of Boynton Beach Code of
30 rdinances not herein specifically amended. shall remain in full force and eHect as originally
31
32 Section 5. All laws and ordinances applying to the City of Boynton Beach in conf1iet
33 ith any provisions of this ordinance are hereby repealed.
34 Section 6. Should any section or provision of this Ordinance or any portion thereof be
..,~ eclared by a court of competent jurisdiction to be invalid. such decision shall not affect the
.))
36 emainder of this Ordinance.
37 Section 7. Authority is hereby given to codify this Ordinance.
38 Section 8. This Ordinance shall become eHective immediately.
..,..,
--'
1 FIRST READING this day of ,2008.
2 SECOND, FINAL READING AND PASSAGE this _ day of ,2008.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor- Jerry Taylor
8
9
10 Vice Mayor - Jose Rodriguez
11
12
13 Commissioner - Ronald Weiland
14
15
16 Commissioner - Woodrow L. Hay
17
18 ATTEST:
19 Commissioner- Marlene Ross
20
21 Janet M. Prainito, CMC
22 ity Clerk
23
24 Corporate Seal)
25
24
DEPARTMENT OF DEVELOPMENT
Memorandum PZ 08-077
TO: Chairman and Members,
Planning and ~ent Board
THRU: Michael Rumpf . '
Director of Plan 9 and Zoning
FROM: Eric Lee Johnson, Alep ~
Planner II .
DATE: September 17, 2008
RE: LDR Rewrite Project
A portion of Group 6
Part II, Chapter 10, Article IV Property Maintenance Requirements
Introduction
A task of rewriting the Land Development Regulations is to update the entire Part III
(Land Development Code) of the City's Code of Ordinances. In April of 2007, staff
presented the Boards and Commission with a progress report and proposed work
schedule of the LDR Rewrite project. Staff determined that it would be best to break
down the entire project into eight (8) different groups. At this time, staff is delivering a
portion ofthe sixth component of the eight-phase project (see attached).
Group 1 and Group 2 emphasized matters relating to zoning districts and allowable uses.
The third and forth deliverables emphasized site development standards, such as off-
street parking calculations, off-street parking lots and other vehicular use areas, exterior
lighting, rights-of-way and infrastructure, environmental protection, landscape design and
buffering, and exterior building and site design. Group 5 consisted of the Supplemental
(zoning) Regulations that included, in part, topics such as walls and fences, sidewalk
cafes, accessory structures, the sale of used merchandise, outdoor storage, temporary
sales events, and nonconforming uses.
The entire Group 6 includes proposed amendments to two (2) existing chapters of the
LDR, namely 1) Chapter 20 - Buildings, Housing and Construction General, and 2)
Chapter 21 - Signs. Initially, the proposed changes and formatting effort resulted in the
creation of four (4) separate articles, all of which are earmarked for insertion into the
fourth chapter of the new LDR (see Memorandum P&Z 08-076 dated August 2 L 2008).
One of these articles (flood prevention requirements) was presented to the Planning &
Development Board in August and is scheduled for review by the City Commission in
September. However, unlike most other articles drafted to date, the newly \vritten
property maintenance requirements (see attached) should be inserted into Part II of the
Code of Ordinances rather than Part III (LDR), due to its subject matter and application
to existing conditions rather than new construction. The name of each new article which
comprises Group 6 is proposed as follows (in bold italics):
GROUP 6
Part III (proposed reorganization)
Chapter 4. Site Development Standards
Article I. Environmental Protection Standards
Article II. Landscape Design and Buffering Standards
Article III. Exterior Building and Site Design Standards
Article IV. Sign Standards (future)
Article V. Minimum Off-Street Parking Requirements
Article VI. Parking Lot, Vehicular Use Areas, and Loading Standards
Article VII. Lighting Standards
Article VIII. Utility and Infrastructure Design Standards
Article IX Building, Construction, and Historic Preservation
(future)
Article X Flood Prevention Requirements (under review)
PART II (existing City Code of Ordinances)
Chapter 10. Refuse, Abandoned Property , and Property Maintenance
Requirements
Article IV. Property Maintenance Requirements (see attached)
Only the property maintenance requirements of this group are being presented at this
time, and the remaining two (2) articles of Group 6 are scheduled for completion for the
next deliverable.
Summary I Recommendation
Chapter 20 of the existing LDR (Housing, Building, and Construction General) is
currently comprised of the following topics: building security code, electrical code,
energy efficiency, flood prevention, housing, swimming pools and spas, workforce
housing program, and historic perseveration.
This portion of Group 6 contains newly drafted property maintenance requirements,
which are based on the 2006 International Property Maintenance Code (IPMC), published
by the International Code Council (ICC). The new property maintenance requirements
are regulations that would provide minimum standards for the upkeep of all vacant and
developed property in the city. Local jurisdictions that currently utilize at least a portion
of the IPMC include Boca Raton and Wellington, and Lake Worth anticipates adopting
similar code amendments in the near future. "While much of the existing Chapter 20 is
proposed to be eliminated (as it is superseded by recent updates to the Florida Building
Code), these revisions are intended to place greater emphasis on non-residential and
2
vacant properties, as well as generally increase the acceptable quality standards of all
existing lighting, ventilation, plumbing, mechanical. and electrical improvements. These
proposed enhancements will also establish new and updated regulations ror life safet\
matters including minimum requirements for emergency escape openings. means OJ
egress, and fire protection systems. It should be noted that all new developments and
renovations to existing buildings must still comply with the Florida Building Code. which
these regulations would compliment.
The summary of changes is as follow:
. Chapter 20, Article I, Section 2. Certificate of treatment of termites, is noV\
covered by Chapter 1 of the FBC, Building;
. Chapter 20, Article I, Section 5. Accessibility by handicapped, is now covered in
depth by Chapter 11 of the FBC, Building:
. Chapter 20, Article I, Section 7. Soil tests, is now covered by Chapter ] 8 of the
FBC, Building and Chapter 4 of the FBC, Residential;
. Chapter 20, Article V. Energy Efficiency Code, is now replaced by Chapter 13 of
the FBC and will soon be additionally covered when Florida adopts the International
Energy Conservation Code;
. Chapter 20, Article IX. Swimming Pools and Spas, is now covered by Section
424 of the FBC, Building and Chapter 41 of the FBC, Residential: and
. Chapter 20, Article I, Section 8. Building security code and Chapter 20, i<\rticle
VIII. Housing, is superseded by the attached (property maintenance requirements).
The remaining existing sections of Chapter 20 (i.e. workforce housing, historic
preservation, State Housing Initiative Program (SHIP) will be reviewed as part of a future
deliverable and incorporated within separate articles in the proposed LDR. The attached
work product reflects a collaborative effort on the part of the Department of Development
(both the Planning & Zoning Division and the Building Division), Code Compliance,
Public Works, and the City Attorney's office. Staff recommends that the Board and
Commission approve this draft portion of Group 6; however, any changes recommended
by the Board and the Commission will be incorporated into the document or scheduled
for ultimate consideration at time of adoption.
S:\PlanninglZoning Code Update\LDR Rewrite\StaffReports\Group 6 (Ch 4, Art 11 Ldoc
3
ARTICLE IV. PROPERTY MAINTENANCE REOUlREMENTS RESERVED*
*Editor's Rote Orrl. .Va. 9C 16, J f 1, 2, flS:o ptcd.k!)' 3, 199C, s'aelishcd the n:uisflncc S.afltemcnt
eo(;'mi a.nd re]9ctlles Drd. Ns. 90 2; ,lWl'lCC, Art. !T~ pert&ining lS such subject 1'IZ3tter ha:; aeen
deleted. Prier te dcletisn, Art. n~ Sf 10 55 10 61, deri-.:edfr61'11 O1'd. .vB. 87 39, J 1, s.deptcd
Oct. 2C, 1987; as amended by Ord. .Vs. 902, Sf 1 1, as:ept-crl,Is,11.. 16, 1990.
Sees. 10 54 10 81. Resen'cd.
Sec. 10-54. Rules.
Unless otherwise expressly stated. the following terms shall. for the purposes of this
code have the meaninlZs shown in this section.
(1) InterchanlZeabilitv. W oreis stated in the present tense include the future;
words stated in the masculine gender include the feminine and neuter: the
sinlZUlar number includes the plural and the plural. the sinrular.
(2) T ermsnot defined. VVhere terms are not defined through the methods
authorized bv this section. such terms shall have ordinariI v accepted
meanings such as the context implies.
(3) Parts. \Vhenever the words "dwelling unit." "dwelling." "premises."
''building.'' "rooming house." "rooming: unit" "housekeeping unit" or "stOry"
are stated in this code. they shall be construed as though they were followed
bv the words "or any part thereof."
Sec. 10-55. DefInitions.
As used in this article:
Approved: Approved bv the City Manager or designee.
Basement: That portion of a building which is partly or completely below grade.
Bathroom: A room containing plumbing fixtures including a bathtub or shower.
Bedroom: Anv room or space used or intended to be used for sleepinlZ purposes in
either a dwelling or sleeping unit.
Condemn: To ad;udge unfit for occupancy.
Dwellinf! Unit: A sinlZle unit providin2: complete. independent livin2: facilities for
one or more ne!'sons.. inc-lud;n(Tne!'!!lm.entnrc'l/isicn~-for li""rin-" slee-in-. catin-. cuokin-
and sanitation.
Easement: That portion ofland or property reserved for present or future use bv a
person or alZencv other than the le2:al fee owner( s) of the property. The easement shall be
permitted to be for use under. on. or above a said lot or lots.
Exterior Propertv: The open space of the premises and on ad;oining propertvunder
the control of owners or operators of such premises.
1
September 17, 2008
Extermination: The control and elimination of insects. rats or other D::::stS (1\
eliminatin~ their harbora~e places: bv removin~ or making inaccessible materials thai
serves as their food: bvpoison spravin2:. fumi~atinQ. and trappin~ or bv any other approved
pest elimination methods.
Garbage: The animal or ve!letable waste resultin!l from the handling. preparation.:
cooking. and consumption of food.
Guard: A building component or a system ofbuildin!l components located at or
near the open sides of elevated walkin!! surfaces that minimizes the possibiEtv of a fall
from the walking surface to a lower level.
Habitable Soace: Space in a structure for living. sleeping. eatin~. or cookim!.
Bathrooms. toilet rooms. closets. halls, storage or utilitv spaces. and similar areas are not
considered habitable spaces.
Housekeepinf! Unit: A room or group of rooms fonning a sin~le habitable space
eauipped and intended to be used for living. sleeping, cooking. and eatinQ which does not
contain. within such a unit. a toilet. lavatorv and bathtub or shower.
Imminent Danf!er: A condition which could cause serious or life-threatenin~ injurv
or death at any time.
Infestation: The presence. within or conti2Uous to. a structure or premises of
insects. rats. vennin or other pests.
Inoperable Motor Vehicle: A vehicle which cannot be driven upon the public
streets for reason includin2: but not limited to being unlicensed. wrecked. abandoned. in a
state of disrepair. or incapable ofbein2: moved under its own power.
Labeled: Devices. equipment. appliances. or materials to which has been affixed a
label. seal. svmbol or other identifving mark of a nationally recomized testing laboratoT\'.
inspection agency or other organization concerned with product evaluation that maintains
periodic inspection of the production of the above-labeled items and by whose label the
manufacturer attests to compliance with applicable nationally recmmized standards.
Let (or Occuoancv or Let: To pennit. provide. or offer possession or occupancv of
a dwelling. dwellin!l unit. rooming unit. building. premise or structure bv a person who is
or is not the legal owner of record thereof. pursuant to a written or unwritten lease.
alITeement or license. or pursuant to a recorded or unrecorded agreement of contract for the
sale ofland.
Occuoancv: The purpose for which a bi1ildihQ: or portion thereof is utilized or
occupied.
Occuoant: Anv individual living or sleepinQ: in a buildinlZ. or havinlZ possession of
a space within a buildin!l.
Ooenable Area: That part of a window. sk'VlilZht or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
!
-
September 17. 2008
Operator: Anv person who has char!!e. care. or control of a structure or premises
which is let or offered for occupancy.
Owner: Anv person. a!!ent. operator. finn or corporation havin!! a le!!al or equitable
interest in the propertY: or recorded in the official records of the state. county or
municipality as holding title to the propertY: or otherwise having control of the propertY.
including the guardian of the estate of any such person. and the executor or administrator of
the estate of such person if ordered to take possession of real propertY by a court.
Person: An individuaL corporation.. partnership or any other grOUP acting as a unit.
Premises: A lot. plot.. or parcel of land. easement, or public way. includin2: any
structures thereon.
Public Wav: Any street. alley. or similar parcel of land essentially unobstructed
from the ground to the skv. which is deeded, dedicated. or otherwise permanently
appropriated to the public for public use.
Roomintz House: A building arranged or occupied for lodging. with or without
meals. for compensation and not occupied as a one- or two-family dwelling.
Roomintz Unit: Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living. but not for cooking purposes.
Rubbish: Combustible and noncombustible waste materials. except !!arbal!e. The
term shall include the residue from the buming of wood. coaL coke and other combustible
materials. paper. ra!!s. cartons. boxes. wood. excelsior. rubber. leather. tree branches. yard
trimmin!!s. tin cans. metals. mineral matter. glass. crockery and dust and other similar
materials.
Sleepintz Unit: A room or space in which people sleep. which can also include
permanent provisions for living, eatin!! and either sanitation or kitchen facilities. but not
both. Such rooms and spaces that are also part of a dwellin!! unit are not sleeping units.
Structure: That which is built or constructed or a portion thereof.
Tenant: A person. corporation. partnership or grouP. whether or not the legal owner
of record. occupying a buildinl;! or portion thereof as a unit.
Toilet Room: A room containing a water closet or urinal but not a bathtub or
shower.
Ventilation: The natural or mechanical process of supplvin!! conditioned or
UiiconillfioneaaITto:or-ieii1oViii~'suc1i-arr-from. anvspace:. .... .
Workmanlike: Executed in a skilled manner: e.g.. !!enerallvplumb.leveL square. in
line. undamaged and without marrin!! adiacent work.
Yard: An open space on the same lot with a structure.
Sec. 10-56. General reQuirements.
(a) General.
...,
;)
September 17, 2008
(1) Applicabilitv. The provisions of this section shall !!overn the mmlmurr~
conditions and the responsibilities of persons for maintenance of structur~~-"
equipment and exterior propertv located v.rithin the Citv.
(2) Responsibilitv. The owner of the premises shall maintain the structures and
exterior propertv in compliance with these reauirements. A person shall not OCCUP\'
as owner-occupant or permit another person to occupv premises which are not in a
sanitary and safe condition and which do not complv v.rith the requirements of this
section. Occupants of a dwellin!! unit. roomin!! unit or housekeepin!! unit are
responsible for keepin!! in a clean. sanitarv and safe condition that part of the
dwellin2: unit. roomin2: unit. housekeepin2: unit or premises. which thev occupv and
control.
(3) Vacant structures and land. All vacant structures and premises thereof or
vacant land shall be maintained in a clean. safe. secure and sanitary condition as
provided herein so as not to cause a bli2:htin2: problem or adverse1v affect the public
health or safetv.
(b) Exterior 'f)rooertv areas.
(1) Sanitation. All exterior property and premises shall be maintained in a
clean. safe. and sanitary condition. The occupant shall keep that part of the exterior
property. which such occupant occupies or controls in a clean and sanitary
condition.
(2) Gradin2: and draina~e. All premises shall be {!Taded and maintained to
prevent the erosion of soil and to prevent the accumulation of stagnant water
thereon. except in approved retention areas and reservoirs. or within anv structure
located thereon.
(3) Sidewalks and drivewavs. All sidewalks. walkways. stairs. drivewavs.
parkin2: spaces. and similar areas shall be kept in a proper state of repair. and
maintained free from hazardous conditions.
(4) Weeds. All premises and exterior property shall be maintained free from
weeds or plant {!Towth in excess of twelve inches (12"), All noxious weeds shall be
prohibited. Weeds shall be defined as all {!Tasses. plants. and ve2:etation. otherthan
trees or shrubs provided: however. this term shall not include cultivated flowers.
2:ardens. and vards certified bv the Florida Yards and Nei2:hborhoods pro2:Iam.
(5) Rodent harbora2:e. All structures and exterior propertY shall be keot free
.;::,..,.,.,." rnrlPnt 1, <:Ir'h"'l"'HTP <:Inrl in f'PC!t<=lti "n Where rode!!.ts are- foD.!ld._ they sh.~ll be
.........._....L.L ....___......... .......__...._...___ _..._ .................______............... promptlv exterminated bv approved processes which will not be iniurious to human
health. After extermination. proper precautions shall be taken to eliminate rodent
harbora2:e and prevent re-infestation.
(6) Exhaust vents. Pipes. ducts. conductors. fans. or blowers shall not dischar!!e
!!ases. steam. vapor. hot air. ~ease. smoke. odors. or other 2:aseous or particulate
wastes directlv upon abuttim! or adiacent public or private proPertv or that of
another tenant.
4
September 17. 2008
(7) Accessory structures. All accessory structures. includinQ: detached garages.
fences and walls. shall be maintained structurally sound and in r!Ood repair.
(8) Defacement ofpropertv. No person shall willfully or wantonly damage.
mutilate or deface any exterior surface of any structure or building on any private or
public property bv placing thereon anv marking. carving or !!I'affiti. It shall be the
responsibility of the owner. to restore said surface to an approved state of
maintenance and repair.
(c) Swimminf! pools. spas. and hot tubs.
(1) Swimming pools. SwimminQ: pools shall be maintained in a clean and
sanitary condition. and in l!ood repair.
(2) Enclosures. Private swimming pools. hot tubs. and spas. containinl! water
more than 24 inches (610 mm) in depth shall be completely surrounded bv a fence
or barrier at least 48 inches (1219 mm) in height above the finished QI'ound level
measured on the side of the barrier away from the pool. Gates and doors in such
barriers shall be self-closing and self-latchinl!. Where the self-latchinl! device is
less than 54 inches (1372 mm) above the bottom of the l!ate. the release mechanism
shall be located on the poolside of the l!ate. Self-closing and self-latchinl! gates
shall be maintained such that the gate will positively close and latch when released
from an open position of 6 inches (152 mm) from the ~atepost. No existing pool
enclosure shall be removed. replaced. or changed in a manner that reduces its
effectiveness as a safety barrier. Spas or hot tubs with a safety cover that complies
with ASTM F 1346 shall be exempt from the provisions of this section.
(d) Exterior structure.
(1) General. The exterior of a structure shall be maintained in l!ood repair.
structurally sound and sanitary so as not to pose a threat to the public health. safety.
or welfare.
(2) Protective treatment. All exterior surfaces. including but not limited to.
doors. door and window frames. cornices. porches. trim. balconies. decks and
fences shall be maintained in good condition. Exterior wood surfaces. other than
decay resistant woods. shall be protected from the elements and decay by paintin~
or other protective covering or treatment. Peelinl!. flaking and chipped paint shall
be eliminated and surfaces repainted. All siding and masonry ioints as well as those
between the building: envelope and the perimeter of windows. doors. and skvliehts
shall be maintained weather resistant and watertight. All metal surfaces subiect to
_ rust or corrosion shall be coated to inhibitsucbnlsLand_corro~i(l!) and_all surfa('~s
with rust or corrosion shall be stabilized and coated to inhibit future rust and
corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization bv oxidation are exempt from this requirement.
(3) Premises identification. Buildings shall have approved address numbers
placed in a position to be plain! v le!.!ible and visible from the street or road fronting
the propertY. These numbers shall contrast with their bacbrround. Address
numbers shall be Arabic numerals or alphabet letters. Numbers shall have a
5
September 17, 2008
minimum stroke width of 0.5 inch (12.7 mm) and shall be a illlffimum 01 4 Inches
(102 mm) m2"h for sin2"le family units. 4 inches (102 mm) hi2:h at front and rea;
entrances for multi-familv units. and 6 inches (153 mm) for commercial un1t~c,
(4) Structural members. All structural members shall be mamtained free from
deterioration. and shall be capable of safelv supportln2: the imposed dead andlive
loads.
(5) Foundation walls. All foundation walls shall be maintained plumb and free
from open cracks and breaks and shall be kept in such condition so as to prevent the
entry of rodents and other pests.
(6) Exterior walls. All exterior walls shall be free from holes. breaks. and loose
or rotting materials. and maintained weatherproof and properlv surface coated
where required to prevent deterioration.
(7) Roofs and drainage. The roof and flashing shall be sound. tight and not
have defects that admit rain. Roof drainage shall be adequate to prevent dampness
or deterioration in the walls or interior portion of the structure. Roof drains. 2Utters.
and downspouts shall be maintained in 2"ood repair and free from obstructions.
Roof water shall not be discharged in a manner that creates a public nuisance.
(8) Decorative features. All cornices. belt courses. corbels. terra cotta trim. wall
facings. and similar decorative features shall be maintained in Q:ood repair with
proper anchora2"e and in a safe condition.
(9) OverhanQ: extensions. All overhanQ: extensions including, but not limited to
canopies. marquees. siQ:l1s. metal awnin2"s. fire escapes. standpipes. and exhaust
ducts shall be maintained in good repair and be properly anchored so as to be kept
in a sound condition. \Vben required. all exposed surfaces of metal or wood shall
be protected from the elements and aQ:ainst decav or rust bv periodic application of
weather-coatin2" materials. such as paint or similar surface treatment.
(0) Stairways. decks. porches and balconies. Everv exterior stairwav. deck.
porch and balcony. and all appearances attached thereto. shall be maintained
structurally sound. in Q:ood repair. with proper anchoraQ:e and capable of supporting
the imposed loads.
01 ) Chimneys and towers. All chimneys. cooling towers. smoke stacks. and
similar appurtenances shall be maintained structurally safe and sound. and in ~!:Ood
repair. All exposed surfaces of metal or wood shall be protected from the elements
anda!!ainst decay ormst bvneriodic apnlication ofweather coarin!! materials. such
as paint or similar surface treatment.
(12) Handrails and 2"Uards. Everv handrail and !!Uard shall be firmly fastened and
capable of supporting normally imposed loads and shall be maintained in good
condition.
(13) Vlindow. skvli!!b.t and door frames. Every window. skvli2"ht. door. and
frame shall be kept in sound condition. Q:ood reoair. and weather ti2"ht.
6
September 17. 2008
a. Glazin!!. All !!lazin!! materials shall be maintained free from cracks
and holes.
b. Openable windows. Every window. other than a fixed window,
shall be easilv openable and capable of be in!! held in position bv window
hardware.
(14) Insect screens. Every door. window and other outside openin!! required for
ventilation of habitable rooms. food preparation areas. food service areas or any
areas where products to be included or utilized in food for human consumption are
processed. manufactured. packaged or stored shall be supplied with approved
titilitlv fittin!! screens of not less than 16 mesh per inch (16 mesh per 25 mm ). and
every screen door used for insect control shall have a self-closin!! device in good
working condition.
Exception: Screens shall not be required where other approved means. such as air
curtains or insect repellent fans. are emploved.
(15) Doors. All exterior doors. door assemblies. and hardware shall be
maintained in !!ood condition. Locks at all entrances to dwellin!! units and sleeping
units shall tightly secure the door. Locks on means of elITess doors shall be in
accordance with Section 1 0-60(b )(3).
(16) Basement and crawl sPace hatchwavs. Everv basement hatchwav shall be
maintained to prevent the entrance of rodents. rain. and surface drainage water.
(17) Guards for basement and crawl space windows and vents. Everv basement
window that is openable shall be supplied with rodent shields. storm windows or
other approved protection al!ainst the entry of rodents.
(18) Buildinl! security. Doors. windows. or hatchwavs for dwellin!! units. room
units. or housekeepin!! units shall be provided with devices designed to provide
security for the occupants and property within.
a. Doors. Doors providinl! access to a dwellinl! unit. roominl! unit, or
housekeeping unit that is rented. leased. or let shall be equipped with a
deadbolt lock designed to be readily openable from the side from which
egress is to be made without the need for keys. special knowledge. or effort
and shall have a lock throw of not less than 1 inch (25 mm). Such deadbolt
locks shall be installed according to the manufacturer's specifications and
maintained in good working order. For the purpose of this section. a sliding
bolt shall not be considered an acceptable deadbolt lock.
_,__, _.__ .."__ .._.__._"__'~' ....,.'___"___.' ____.____._.__. _._" _._ ,,_,.."'..~.~.~.n~..
b. Windows. Ooerable windows located in whole or in part within 6
feet (1828 mm) above ~ound level or a walkinl! surface below that provide
access to a dwelling 1in.it. rooming unit or housekeeping unit that is rented.
leased or let shall be equipped with a window sash locking device.
7
September 17, 2008
(e) Interior structure.
(1) General. The interior of a structure and equipment therein shall he
maintained in good repair. structurallv sound. and in a sanitary condition.
Occupants shall keep that part of the structure which thev OCCUPy or contra] in a
clean and sanitary condition. Everv owner of a structure containing a rooming
house, housekeeping unit. a hotel. a dormitorv. two or more dwellimr units or two
or more nonresidential occupancies. shall maintain. in a :::lean and sanitan
condition. the shared or public areas of the structure and exterior Dropem..
(2) Structural members. ..0\11 structural members shall be maintained structurally
sound. and be capable of supporting the imposed loads.
(3) Interior surfaces. All interior surfaces. including windows and doors. shall
be maintained in good. clean, and sanitary condition. Peeling. chipping. flaking. or
abraded paint shall be repaired. removed. or covered. Cracked or loose olaster.
decaved wood. and other defective surface conditions shall be corrected.
(4) Stairs and walking surfaces. Every stair. ramp. landing. balcom'. porch.
deck. or other walking surface shall be maintained in sound condition and f!ood
repaIr.
(5) Handrails and l!Uards. Everv handrail and QUard shall be firmly fastened and
capable of supportinf! normally imposed loads and shall be maintained in good
condition.
(6) Interior doors. Every interior door shall fit reasonablv well within its frame
and shall be capable of being opened and closed bv being properly and securelv
attached to iambs, headers. or tracks as intended bv the manufacturer of the
attachment hardware.
(fl Handrails and f!Uardrails.
(1) General. Every exterior and interior flight of stairs havinf! more than four
risers shall have a handrail on one side of the stair and every open portion of a stair.
landin!!. balconv. porch. deck. ramp or other walkinf! surface which is more than 30
inches (762 mm) above the floor or lITade below shall have l!Uards. Handrails shall
not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high
measured verticallv above the nosinQ: of the tread or above the finished floor ofthe
landing or walkinQ: surfaces. Guards shall not be less than 30 inches (762 mm l high
above the floor of the landing. balconv. porch, deck. or ramo or other walkinf!
SlJrf~ r-e.
Guards shall not be required where exempted bv the Florida BuildinQ: code.
r Q:) Rubbish and rzarbarze.
(1) Accumulation of rubbish or f!arbage. All exterior ProDertv and premises.
and the interior of every structure. shall be free from anv accumulation of rubbish or
Q:arbage.
8
September 17. 2008
(2) Disposal of rubbish. Everv occupant of a structure shall dispose of all
rubbish in a clean and sanitary manner by placing such rubbish in aporoved
containers.
a. Refril!erators. Refrigerators and similar eauipment not in operation
shall not be discarded. abandoned. or stored on premises without first
removing the doors.
(3) Disposal of garbage. Everv occupant of a structure shall dispose of [arbage
in a clean and sanitary manner by placing such garbage in an approved [arba[e
disposal facility or approved garbal!e containers.
a. Garbage facilities. The owner of every dwelling shall supply one of
the following: an approved mechanical food waste grinder in each dwelling
unit: an approved incinerator unit in the structure available to the occupants
in each dwelling unit: or an approved leak-oroof. covered. outside garbage
container .
b. Containers. The operator of every establishment producing garbage
shall provide. and at all times cause to be utilized. approved leak-proof
containers provided with close-fitting covers for the storage of such
materials until removed from the premises for disposal.
(h) Extermination.
(1) Infestation. All structures shall be keot free from insect and rodent
infestation. All structures in which insects or rodents are found shall be promptly
exterminated by approved processes that will not be iniurious to human health.
After extermination. proper precautions shall be taken to prevent re-infestation.
(2) Owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
(3) Single occupant. The occupant of a one-family dwelling or of a single-
tenant nonresidential structure shall be responsible for extermination on the
premIses.
(4) Multiple occupancv. The owner of a structure containing two or more
dwelling units. a multiple occupancy. a rooming house or a nonresidential structure
shall be responsible for extermination in the public or shared areas of the structure
and exterior property. If infestation is caused bv failure of an occupant to prevent
such infestation in the area occupied. the occupant shall be responsible for
exterm.ination:- .
(5) Occupant. The occupant of any structure shall be responsible for the
continued rodent and pest-free condition of the structure. Where the infestations
are caused by defects in the structure. the owner shall be responsible for
extermination.
Sec. 10-57. Li.2ht. ventilation and occupancv limitations.
(a) General.
9
September 17, 2008
(1) Scope. The provisions ofthis section shall {!overn the minimum conditIOns
and standards for li{!ht. ventilation. and space for OCCUPvill!2 a structure.
(2) Responsibilitv. The owner of the structure shall provide and maintain li{!ht.
ventilation and space conditions in compliance with these requirements. A person
shall not occupv as owner-occupant. or permit another person to occUP\'. an\'
premises that do not comply with the reauirements of this section.
(3) Alternative devices. In lieu of the means for naturalli{!ht and ventilation
herein prescribed. anificial liQht or mechanical ventilation complvimr with the
Florida Buildin{! Code shall be permitted.
(b) Light.
(1) Habitable spaces. Everv habitable space shall have at least one window of
approved size facin{! directlv to the outdoors or to a court. The minimum total
{dazed area for every habitable space shall be 8 percent of the floor area of such
room. 'Wherever walls or other portions of a structure face a window of any room
and such obstructions are located less than 3 feet (914 rom) from the window and
extend to a level above that of the ceilin~ of the room. such window shall not be
deemed to face directly to the outdoors nor to a court and shall not be included as
contributing to the required minimum total window area for the room. Where
naturalli!!ht for rooms or spaces without exterior Q:lazinQ: areas is provided throu!!h
an adioininQ: room. the unobstructed openinQ: to the adioinin{! room shall be at least
8 percent of the floor area of the interior room or space. but not less than 25 square
feet (2.33 mm ). The exterior Q:lazinQ: area shall be based on the total floor area
beinQ: served.
(2) Common halls and stairwavs. Everv common hall and stairwav in
residential occupancies, other than in one- and two-family dwellings. shall be
liQ:hted at all times with at least a 60-watt standard incandescent light bulb for each
200 square feet 09 m2) of floor area or equivalent illumination. provided that the
spacinQ: between liQ:hts shall not be 2Teater than 30 feet (9144 mm). In other than
residential occupancies. means of e~ess. includinQ: exterior means of e!ITess,
stairways shall be illuminated at all times the buildinQ: space served by the means of
e2Tessis occupied with a minimum of 1 footcandle (11 lux) at floors. landinQ:s and
treads.
(3) Other spaces. All other spaces shaH be provided with natural or artIficial
licl1t sufficient to permit the maintenance of sanitary conditions. and the safe
occupancy of the space and utilization ofthe appliances. equipment. and fixtures.
( c) Ventilation.
(1) Habitable spaces. Every habitable space shall have at least one openable
window. The total openable area of the window in evervroom shall be equal to at
least 45 percent of the minimum !rlazed area reauired in Section 1 0-57(b )(1),
10
September 17. 2008
"Where rooms and spaces without openinf!s to the outdoors are ventilated throuQb. an
adioininQ: room. the unobstructed openinQ: to the adioininQ: room shall be at least 8
percent of the floor area of the interior room or space, but not less than 25 square
feet (2.33 mm). The ventilation openinQ:s to the outdoors shall be based on a total
floor area beinQ: ventilated.
(2) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply
with the ventilation requirements for habitable spaces as required above. except that
a window shall not be required in such spaces equipped with a mechanical
ventilation svstem. Air exhausted by a mechanical ventilation system from a
bathroom or toilet room shall discharge to the outdoors and shall not be re-
circulated.
(3) CookinQ: facilities. Unless approved throu~ the certificate of occupancy.
cookinQ: shall not be permitted in any roominQ: unit or donnitorvunit. and a cookin~
facility or appliance shall not be permitted to be present in the rooming unit or
dormitory unit. CookinQ: facilities may be located in a room otherwise prohibited
by this section where the Building: Official specifically approves such a location in
writinQ:. Devices such as coffee pots and microwave ovens shall not be considered
cookinQ: appliances.
(4) Process ventilation. Where iniurious. toxic. irritating:. or noxious fumes,
Q:ases. dusts or mists are Q:eneratoo. a local exhaust ventilation svstem shall be
provided to remove the contaminating agent at the source. Air shall be exhausted to
the exterior and not be re-circulated to any space.
(5) Clothes drver exhaust. Clothes drver exhaust svstems shall be independent
of all other svstems and shall be exhausted in accordance with the manufacturer's
instructions.
(d) Occupancv limitations.
(1) Privacv. DwellinQ: units. hotel units. housekeeping units. rooming units and
dormitory units shall be aITanQed to provide privacy and be separate from other
adioining spaces.
(2) Minimum room widths. A habitable room. other than a kitchen. shall not be
less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear
passageway of not less than 3 feet (914 mm) between counter-fronts and appliances
J)r counter-fronts and walls.
(3) Minimum ceilinQ: heimts. Habitable spaces. hallwavs. corridors. laundry
areas. bathrooms. toilet rooms and habitable basement areas shall have a clear
ceiling height of not less than 7 feet (2134 mrn}
Exceptions:
11
September 17, 2008
a. In one and two-familv dwel1illl'!s. beams. or LTlrders spacea. ,99tless
than 4 reet (1219 mm') on center and proiectinQ: not more than tL.lllches
(152 mm') below the required ceilin!2: hei!2:ht.
b. Basement rooms in one and two-ramilv dwellin!ls occuPIed
exclusively ror laundrv. study or recreation purposes. havin!l a ceiling
hei!lht ornot less than 6 reet 8 inches (2033 mm) with not less than 6 reet 4
inches (1932 mm) or clear heiQ:ht under beams. cirders. ducts and similar
obstructions.
c. Rooms occupied exclusivelv ror sleeping. study or similar ~
and havinQ: a sloped ceiling over all or part or the room. with a clear
ceilin!2: heiQ:ht or at least 7 feet (2134 mm) over not less than one-third or
the required minimum floor area. In calculating the floor area of such
rooms. onlv those portions of the floor area with a clear ceiling heimt or 5
feet (1524 mm) or more shall be included.
(4) Bedroom and living room requirements. Everv bedroom and livim: room
shall complv with the rollowin!l requirements:
a. Room area. Everv livinQ: room shall contain at least 120 square feet
(1 1.2 ml) and evervbedroom shall contain at least 70 square feeU6.5 m2).
b. Access from bedrooms. Bedrooms shall not constitute the onlv
means of access to other bedrooms or habitable spaces and shall not serve
as the onlv means of em-ess from other habitable spaces. This provision
shall not apply to units that contain fewer than two bedrooms.
c. Water closet accessibility. Everv bedroom shall have access to at
least one water closet and one lavatory without passing throu!lh another
bedroom. E Very bedroom in a dwelling unit shall have access to at least one
water closet and lavatoTV located in the same stOry as the bedrooID or an
adiacent stOry.
d. Prohibited occupancy. Kitchens and non-habitable spaces shall not
be used ror sleeping purposes.
e. Other requirements. Bedrooms shall comply with the applicable
provisions of this code including. but not limited to. the li!lh1. ventilation.
. _ ~.___ ,_____ __~'.:4__'__~_.,_.L _..._-'._______ ___~...J..L.,___~_____.~_________.L_, _..c..L'_.~_ __._...~___. ....1__
IVV1l1 i:UC;a.., l'C;1l1l1~ IlC;I~Ul i:UIU IVV1l1 WIUUlIC;YUIlC;IIlC;lll:> VI llll:> :>C;-':;llVll. lHe;
plumbing facilities and water-heatin~ facilities requirements or Section 4:
the heating facilities and electrical receptacle requirements of Section 5: and
the smoke detector and emerQ:encv escape requirements of Section 6.
(5) Overcrowdin!!. The number or persons occupvin!2: a dwellin!l unit shall not
create conditions that. in the opinion or the ChiefBuildin!2: Official. endan!!:er the
life. health. safety. or welfare orthe occupants.
12
September 17. 2008
(6) Efficiency unit. Nothine: in this section shall prohibit an efficiency living
unit from meeting the followine: requirements:
a. A unit occupied by not more than two occupants shall have a clear
floor area of not less than 220 square feet (20.4 m2). A unit occupied bv
three occupants shall have a clear floor area of not less than 320 square feet
(29. 7m2). These required areas shall be exclusive of the areas required by
Items 2 and 3.
b. The unit shall be provided with a kitchen sink. cooking: appliance
and refrigeration facilities. each havme: a clear working space of not less
than 30 inches (762 mm) in front. Lie:h.t and ventilation confonning to this
code shall be provided.
c. The unit shall be provided with a separate bathroom containing a
water closet lavatory. and bathtub or shower.
d. The maximum number of occupants shall be three.
(7) Food preparation. All spaces to be occupied for food preparation purposes
shall contain suitable space and equipment to store. prepare. and serve foods in a
sanitarY manner. There shall be adequate facilities and services for the sanitary
disposal of food wastes and refuse. including facilities for temporary storage.
Sec.. 10-58. Plumbin!!: facilities and fiXture requirements.
(a) General.
(1) Scope. The provisions of this section shall govern the minimum plumbing
systems. facilities. and plumbine: fixtures to be provided.
(2) Responsibilitv. The owner of the structure shall provide and maintain such
plumbine: facilities and plumbing fixtures in compliance with these requirements.
A person shall not occupv as owner-occupant or permit another person to occupy
any structure or premises which does not comply with the reauirements of this
section.
(b) Required facilities.
(]) Dwellin~ unit~.. Fverv dwelllng unit snl'lll cDntain its 0'.x!!1 batht'.lb or
shower. lavatory. water closet. and kitchen sink which shall be maintained in a
sanitary. safe working condition. The lavatory shall be placed in the same room as
the water closet or located in close proximity to the noor leadin!! directly into the
room in which such water closet is located. A kitchen sink shall not be used as a
substitute for the reouired lavatory.
(2) Roomine: houses. At least one water closet. lavatory and bathtub or shower
shall be supplied for each four rooming: units.
13
September 17, 2008
(3 ) Hotels. 'Where orivate water closets. lavatories and baths are not OWVlded.
one water closet. one la\'atorv and one bathtub or shower havin2: access from a
public hallwav shall be provided for each ten occupants.
(4) Emolovees' facilities. A minimum of one water closeL one lavatorv. and
one drinkin!r facility shall be available to employees.
a. Drinkin!! facilities. Drinkin!! facilities shall be a drinkin2: fountain.
water cooler. bottled water cooler. or disoosable cups next to a sink or water
dispenser. Drinkin!! facilities shall not be located in toilet rooms or
bathrooms.
( c) Toilet rooms.
(1) Privacv. Toilet rooms and bathrooms shall provide orivacv and shall not
constitute the onlv passa!!ewav to a hall or other space. or to the exterior. A door
and interior lockin!! device shall be provided for all common or shared bathrooms
and toilet rooms in a multiple dwellin2:.
(2) Location. Toilet rooms and bathrooms servin~ hotel units. roominl! units or
dormitory units or housekeeping: units. shall have access bv traversinl! not more
than one fli2:ht of stairs and shall have access from a common hall or passa!!ewav.
(3) Location of employee toilet facilities. Toilet facilities shall have access
from within the employees' workin!! area. The required toilet facilities shall be
located not more than one storv above or below the employees' workin!! area and
the path of travel to such facilities shall not exceed a distance of 500 feet (152 m).
Emplovee facilities shall either be separate facilities or combined employee and
public facilities. Facilities that are required for emplovees in storage structures or
kiosks. which are located in adjacent structures under the same ownership. lease or
controL shall not exceed a travel distance of 500 feet (152 m) from the employees'
rewar workin!! area to the facilities.
(4) Floor surface. In other than dwellin!! units. everv toilet room floor shall be
maintained to be a smooth. hard. nonabsorbent surface to pennit such floor to be
easilv kept in a clean and sanitarY condition.
(d) Plumbinf!: svstems and fixtures.
(1) General. All plumbin!! fixtures shall be properly installed and maintained in
workin!! order. and shall be kept free from obstructions. leaks and defects and be
capable ofperforminl! the function for which such plumbing fixtures are desi!ffied.
All plumbin!! fixtures shall be maintained in a safe. sanitar\'. and functional
condition.
(2) Fixture clearances. Plumbin!! fixtures shall have adeauate clearances for
usa!!e and cleanin2:.
14
September 17. 2008
(3) Plumbinlr system hazards. Where it is found that a plumbing sYStem in a
structure constitutes a hazard to the occupants or the structure bv reason of
inadequate service. inadeauate venting. cross connection. back -siphonalre. improper
installation. deterioration. or damage or for similar reasons. the Building Official
shall require the defects to be corrected to eliminate the hazard.
(e) Water svstem.
(1) General. Every sink. lavatory. bathtub or shower. drinking fountain. water
closet. or other plumbing fixture shall be properly connected to either. a public
water system or to an approved private water system. All kitchen sinks. lavatories.
laundry facilities. bathtubs and showers shall be supplied with hot or tempered and
cold running water in accordance with the Florida Building Code. Plumbinl!.
(2) Contamination. The water supply shall be maintained free from
contamination. and all water inlets for plumbing: fixtures shall be located above the
flood-level rim of the fixture. Shampoo basin faucets. ianitor sink faucets and other
hose bibs or faucets to which hoses are attached and left in place. shall be protected
by an approved a1mospheric-type vacuum breaker or an approved permanently
attached hose connection vacuum breaker.
(3) Supply. The water supply system shall be installed and maintained to
provide a supply of water to plumbing fixtures. devices. and appurtenances in
sufficient volume and at pressures adeauate to enable the fixtures to function
properly. safely. and free from defects and leaks.
(4) Water heating facilities. Water heating facilities shall be properly installed.
maintained and capable of providing an adequate amount of water to be drawn at
every required sink. lavatory. bathtub. shower. and laundry facility at a temperature
of not less than 11 OOF (43 OC). A gas-burning water heater shall not be located in
any bathroom. toilet room. bedroom or other occupied. room normally kept closed.
unless adequate combustion air is provided. An approved combination temperature
and pressure-relief valve and relief valve discharge pipe shall be properly installed
and maintained on water heaters.
(f) Sanitarv drainaf!e svstem.
(1) General. All plumbing fixtures shall be properlv connected to either a
public sewer svstem or to an aUPToved mivate ~ewaQ"e disno~al ~v~tem."
(2) Maintenance. Every plumbing stack. vent. waste and sewer line shall
function properly and be kept free from obstructions. leaks and defects.
( f?;) Storm drainaf;!e.
15
September 17, 2008
(1) General. Draina!!e of roofs and paved areas. vards and couns. ane other
open areas on the nremises shall not be dischar!!ed in a mann er that creates _ a n..ub1 i c:
nmsance.
Sec. 10-59. Mechanical and electrical requirements.
la) General.
(1) Scope. The provisions of this section shall !:!overn the minimum mechanical
and electrical facilities and equipment to be provided.
(2) Responsibilitv. The owner of the structure shall provide and maintain
mechanical and electrical facilities and equipment in compliance \vith these
requirements. A person shall not OCCUPy as owner-occupant or permit another
person to OCCUPy anvpremises which does not complvwith the requirements of this
section.
(b) Reserved.
( c) Mechanical equipment.
(1) Mechanical appliances. All mechanical appliances. fireplaces. solid fuel-
burning appliances. cookin!! appliances and water heating: appliances shall be
properly installed and maintained in a safe working condition. and shall be capable
of performing the intended function.
(2) Removal of combustion products. All fuel-burning equipment and
appliances shall be connected to an approved chimney or vent. This provision shall
not applvto fuel-burning eauipment and appliances which are labeled forunvented
operation.
(3) Clearances. All required clearances to combustible materials shaD be
maintained.
(4) Safety controls. All safety controls for fuel-bumin!! equipment shall be
maintained in effective operation.
(5) Combustion air. A supply of air for complete combustion of the fuel and for
ventilation of the space containing the fuel-burning eauipment shall be provided for
the fuel-burning equipment.
(6) Energv conservation devices. Devices intended to reduce fuel consumption
bv attachment to a fuel-burning appliance. to the fuel supply line thereto. or to the
vent outlet or vent piping therefrom. shall not be installed unless labeled for such
purpose and the installation is specificall'v approved.
(d) Electrical faciliries.
16
September 17. 2008
(1) Facilities required. Every occupied building shall be provided with an
electrical system in compliance with the requirements of this section.
(2) Service. The size and usal!e of appliances and equipment shall serve as a
basis for determininl! the need for additional facilities in accordance with the NFP A
70 - National Electrical Code. Dwelling units shall be served bv a three-wire,
120/240 volt sin!!le-phase electrical service havin!! a ratin!! of not less than 60
amperes.
(3) Electrical svstem hazards. Where it is found that the electrical system in a
structure constitutes a hazard to the occupants or the structure bv reason of
inadeauate service, improper fusing, insufficient receptacle and lightin!! outlets,
improper wiring or installation. deterioration or dama!!e, or for similar reasons. the
Building Official shall require the defects to be corrected to eliminate the hazard.
(e) Electrical eauivment.
(1) Installation. All electrical equipment. wiring, and appliances shall be
properly installed and maintained in a safe and approved manner.
(2) Receptacles. Everv habitable space in a dwelling shall contain at least two
separate and remote receptacle outlets. Every laundry area shall contain at least one
!!rounded-type receptacle or a receptacle with a !!round fault circuit interrupter.
Everv bathroom shall contain at least one receptacle. Anv new bathroom receptacle
outlet shall have ~ound fault circuit interrupter protection.
(3) Luminaries. Every public halL interior stairway. toilet room. kitchen,
bathroom, laundry room, boiler room, and furnace room shall contain at least one
electric luminaire.
(f) Elevators. escalators and dumbwaiters.
(1) General. Elevators. dumbwaiters. and escalators shall be maintained in
compliance with Florida statutes and ASME AI7.l. The most current certification
of inspection shall be on display at all times within the elevator or attached to the
escalator or dumbwaiter, or the certificate shall be available for public inspection in
the office of the building operator. The inspection and tests shall be performed at
not less than the periodical intervals listed in ASME AI7.l. Appendix N. except
where otherwise specified bv the authority havinlr jurisdiction.
_'0_'___._.._ - --
(2) Elevators. In buildinl!s equipped with passenl!er elevators. at least one
elevator shall be maintained in operation at all times when the buildinl! is occupied.
Buildinl!s equipped with only one elevator shall be permitted to have the elevator
temporarily out of service for testinl! or servicing.
(g) Duct svstems.
17
September 17, 2008
(1) General. Duct systems shall be maintained free or obstrUcTIons ane shalJDe
capable ofperformin2: the required function.
Sec. 10-60 Fire safetv requirements.
(a) General.
(11 Scope. The provisions of this section shall !!overn the minimum conditions
and standards for fire safety relatin!! to structures and exterior premises. including
fire safety facilities and equipment to be provided.
(2) Responsibilitv. The owner of the premises shall provide and maintain such
fire safety facilities and equipment in compliance with these requirements. A
person shall not occupv as owner-occupant or permit another person to OCCUPy anv
premises that do not complv with the requirements of this section.
(b) Means of ef!ress.
(1) General. A safe. continuous. and unobstructed path of travel shall be
provided from any point in a building or structure to the public way. Means of
elrress shall complv with the Florida Fire Prevention Code.
(2) Aisles. The required width of aisles in accordance with the Florida Fire
Prevention Code shall be unobstructed.
(3) Locked doors. All means of e!!Tess doors shall be readilv openable from the
side from which e!!Tess is to be made without the need for kevs. special knowled2:e.
or effort. except where the door hardware conforms to that permitted by the Florida
Building: Code.
(4) Emerl!encv escape openinl!s. Required emerl!encv escape openin!!S shall be
maintained in accordance with the code in effect at the time of construction. and the
following. Required emergency escape and rescue openin!!s shan be operational
from the inside of the room without the use of keys or tools. Bars. !!rilles. !!Tates or
similar devices are permitted to be placed over emen!encv escape and rescue
openinl!S provided the minimum net clear openin~ size complies with the code that
was in effect at the time of construction and such devices shall be releasable or
removable from the inside without the use of a kev. tool or force !!Teater than that
which is required for normal operation of the escape and rescue openim:.
(c) Fire-resistance ratin!!s.
(1) Fire-resistance rated assemblies. The required fire-resistance rating: of fue-
resistance-rated walls. fire stops. shaft enclosures. partitions. and floors shall be
maintained.
(2) Ooening: protectives. Required opening: protectives shall be maintained in
an operative condition. All fire and smoke-stop doors shall be maintained in
18
September 1 -:'. 2008
operable condition. Fire doors and smoke barrier doors shall not be blocked or
. obstructed or otherwise made inoperable.
(d) Fire protection svstems.
(1) General. An svstems, devices and equipment to detect a fire. actuate an
alarm.. or suppress or control a fire or any combination thereof shall be maintained
in an operable condition at all times in accordance with the Florida Fire Prevention
Code.
(2) Smoke alarms. Single or multiple-station smoke alarms shall be installed
and maintained in all multi~unit dwellings regardless of occupant load at all of the
following locations:
a. On the ceilin~ or wall outside of each separate sleeping area in the
immediate vicinity of bedrooms.
b. In each room used for sleeping purposes.
c. In each story wi thin a dwelling unit including basements and cellars
but not including (crawl spaces and uninhabitable attics. In dwellings or
dwelling units with split-levels and without an intervening door between the
ad.iacent levels. a smoke alarm installed on the upper level shall suffice for
the adiacent lower level provided that the lower level is less than one full
stOry below the upper level.
Single or multiple-station smoke alarms shall be installed in other QI'OUPS in
accordance with the Florida Fire Prevention Code.
(3) Power source. In all multi-unit dwellings. sinele-station smoke alanns shall
receive their primary power from the building wiring provided that such wiring is
served from a commercial source and shall be eauipped with a battery backup.
Smoke alarms shall emit a signal when the batteries are low. Wirine shall be
permanent and without a disconnecting switch other than as required for over-
current protection. Smoke alarms are permitted to be solely battery operated in
buildines where no construction is taking place. buildings that are not served from a
commercial power source and in existing areas of buildings undergoine alterations
or repairs that do not result in the removal of interior wall or ceiling finishes
exposing the structure. unless there is an attic. crawl space or basement available
which could nrovide acce~~ fnrhlliJding wiring: without the !,f'!TT\I)'V::ll of interior
finishes.
(4) Interconnection. 'Where more than one smoke alarm is required to be
installed within an individual dwelling unit in Group R-2. R-3. R-4 and in
dwellings not regulated as Group R occupancies. the smoke alarms shall be
interconnected in such a manner that the activation of one alarm. will activate all of
the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms
over backlrround noise levels with all intervenin!! doors closed. Interconnection is
19
Sept~ber17,2008
not reauired in buildin2:s. which are not under2:oing: alterations. reparrs. \I:
construction of any kind. Smoke alarms in existing: areas are not required to h~
interconnected where alterations or repairs do not result in the removal of interior
wall or ceiling: finishes exposing: the structure. unless there is an attic. craw: snace
or basement available which could provide access for inter-connection withomJh~
removal of interior finishes.
Sec. 10-61. Penalties.
Anvperson convicted of the violation ofanv of the terms or provisions of this article or any
code. requirements. or standards adopted herebv shall be subiect to penalties as provided in
Chapter 1. Section 1-6 of the Citv ofBovnton Beach Code of Ordinances. In addition. the
City mav use any eauitable or le2:al remedv available at law to enforce anv violation of the
terms or provisions of the Citv's Code of Ordinances. Ifanyperson commences anvwork
on a building. structure. plumbing. mechanical. or gas svstem before obtaining: the
necessarY permit. he shall be subiect to a penalty of four (4) times the established permit
fee. The Director of Development may allow a waiver of the penalty fee. in whole or in
part. when such waiver is supported by the circumstances that applvto the specific instance
of imposing a penalty fee. and does not violate the best interests of the cit\'.
Sec. 10-62. Referenced standards.
This section lists the standards that are referenced in various section of this article. The
standards are listed herein by the promulgatinl!: ag:encv of the standard. the standard
identification. the effective date. title. and the section( s) of this document that reference the
standards.
ASME American Society of Mechanical Encineers
Three Park Avenue
New York. J\1Y 10016-5990
Standard Reference Title
A17.I-2000 Safety Code for Elevators and Escalators with A17.1 a 200d Addend
ASTM ASTM International
100 Barr Harbour Drive
West Conshohocken. P A 19428-2959
Standard Reference Title
F1346-91 (2003) Performance Specification for Safety Covers and Labeling
Requirements for all Covers for Swimming Pools. Spas. and Hot
Tubs
Florida Codes Florida Buildin2: Commission
c/o Florida Department of Communi tv Affairs
Building Codes and Standards
20
September 17. 2008
2555 Shumard Oak Boulevard
Tallahassee. Florida 32399-2100
Standard Reference Title
Florida Buildin!! Code, Buildin!!
Florida Buildin!! Code. Residential
Florida Buildin!! Code. Plumbing
Florida Building Code. Mechanical
Florida Building Code, Fuel Gas
Florida Buildin!! Code, Existin!! Building
Florida Fire Prevention Code
NFPA National Fire Protection Association
Battervmarch Park
QuinCY, MA 02269
Standard Reference Title
70-05 National Electric Code
S:\Planning\Zoning Code Update\lDR Rewrite\Part Il\Ex.isting Chapters\Ch 10 Garbage, Trash & Offensive\Art IV Property Maintenance
Requirements\Property Maintenance Requirements.doc
21
September 17, 2008
XII. - LEGAL - 1st Read"
ITEM C.2 m9
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
D August 19,2008 August 4, 2008 (Noon) October 21, 2008 October 6, 2008 (Noon)
D September 2, 2008 August 18,2008 (Noon) X November 5, 2008 October 20,2008 (Noon) G
0 -
(;)-'\
0) =i-<
D D November 18, 2008 0
September 18,2008 September 2, 2008 (Noon) November 3, 2008 (Noon) C"') -<:'~
-f n"'f'!
D October 7, 2008 D December 2, 2008 November 17, 2008 (Noo~ r-QJ
September 15, 2008 (Noon) fTlO
;:13. -<
> ~z:
D D <n-f
Announcements/Presentations City Manager's Report :z: 00
NATURE OF D Administrative D New Business '!? .,,:z:
-n.Q;l
AGENDA ITEM Consent Agenda Legal .s:- aim
x C8 rrr"
(")
D Code Compliance & Legal Settlements D Unfmished Business :z:
D Public Hearing D
RECOMMENDATION: Motion to approve Ordinance #{J)'-C,.-;L that will enact a Solid Waste Commercial rate
increase and revise the Code of Ordinance, Chapter 10, Garbage, Trash and Offensive Conditions to allow for
increase and language change.
EXPLANATION: As a result of increased labor and fuel costs the operational expenses for Solid Waste Commercial
service is expected to rise to 14% for FY2008/09. Attached is memorandum #08-081 from Larry Quinn, Solid Waste
Manager comparing labor and operational expenses from FY 07/08 and FY 08/09 showing the 14% increase. In
addition he also has a comparison of our rate increase with the City of Delray Beach and the County (District 5)
indicating that our proposed rate is well below what is being charged elsewhere. A proposed rate increase commercial
refuse chart is attached.
Also attached is a draft revision of our current Solid Waste Code allowing the Director of Public Works to annually
adjust the container rental fee based upon changing purchase prices of new containers. Staff is requesting to adjust
the Operating Charge for FY08/09 from $3.51 per cubic yard to $4.00 per cubic yard with a request that the Director
have the authority to raise the operating charge annually thereafter based on new container pricing.
PROGRAM IMPACT: N/A
FISCAL IMP ACT: Loss of potential revenue of approximately $379,000.
AL TERNA TIVES: Keep current rates with no increase. ~
r~~l;Jif;./ ""'\
Department Head's Signature City Manager's Signature
Assistant to City Manager ~
~b}~c- LJD~ t<..s
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
] ORDINANCE NO. 08-(::;,;.2....
! AN ORDINANCE OF THE CITY COMMISSION OF THE
-
" CITY OF BOYNTON BEACH, FLORIDA, AMENDING
_1
4 SECTION 10-30 OF THE CITY'S CODE O"F
5 ORDINANCES, GARBAGE, TRASH AND OFFENSIVE
6 CONDITIONS, ARTICLE II, REFUSE, GARBAGE A~D
7 TRASH ALLOWING FOR RATE INCREASE;
8 PROVIDING FOR CONFLICTS, SEVERABILITY.
9 CODIFICA TION AND AN EFFECTIVE DATE.
10 WHEREAS, as a result of increased labor and fuel costs the operational expenses for
11 the Solid Waste Commercial service is expected to rise for fiscal year 2008/09: and
12 WHEREAS, the City Commission finds the adoption of an ordinance allowing the
13 Public Works Director to annually adjust the container rental fee based upon changing
14 purchase prices of new containers and adjusting the Operating Charge for fiscal year 2008/09
15 from $3.51 per cubic yard to $4.00 per cubic yard is in the best interest of the health. safet)'.
16 and welfare of the citizens and residents of the City of Boynton Beach.
17 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION
18 OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
19 Section 1. Each "Whereas" clause set forth above is true and correct and
20 incorporated herein by this reference.
2] Section 2. Section] 0-30. Rates and charges for City service of Part II. Chapter] O.
22 Garbage, Trash and Offensive Conditions. Article II. Refuse, Garbage and Trash, is amended
I" s follows:
~.)
24 ARTICLE II. REFUSE, GARBAGE AND TRASH
I~
~) .. .
26 ec. 10-30. Rates and charges for City service.
27 The rates and charges for refuse collection service provided by the City shall be as follows:
28 (a) Commercial containerized. excluding multifamily residential units
29 ( 1 ) Monthly commercial charges shall consist of a total of the following three (3)
30 terns:
"Ie ;\'Unhnances\Refuse, Garbage and Trashl rate increase) doc
. l-
I
I
1 a. Container rental charge ,t\. monthly flat fee to cover the cost of the container by
2 size as follo'.vs:
3 2003/200'1 Rates
4 2 c....l. yd. container $20.00 per month
5 3 Cll yd. container 25.00 per month
6 'I cu. yd. container 30.00 per month
7 6 cu. yd. container 35. 00 per month
8 8 cu. yd. container 40.00 per month
9 a. Rental charge - The charge assessed to account for expenses related to
10 the provision of commercial refuse containers. The Public Works Director shall
11 annually adjust these feesthe container rental fee based upon changing purehasemarket
12 prices of new containers.
13 b. Disposal charge-A fixed disposal charge as set and modified from time to
14 time by the Palm Beaeh County Solid Waste Authority. This price shall be passed on
15 to the customer directly.
16 c. Operating charge-A fixed charge per cubic yard to cover all other labor
17 and equipment hauling expenses and charges of the Solid Waste Department. The rate
18 in ~2008-09 will be fixed at tfireefour dollars ($3.00)($4.00) per cubic yard and
19 willshall be increased four percent (1%) annually thereafter based upon changes to
20 operating expenses at the discretion of the Public Works Director at the beginning of
21 each fiscal year, or as otherwise provided by the City Commission.
22 (2) Partial monthly service will be charged on a prorated basis, based on the rates in
23 subsection (1 a.) above.
24 (3) Mechanical compressed or compactor refuse shall have the disposal rate computed
25 1t a three-to-one (3: l) ratio of the disposal rates set forth in subsection (1 b.) above. Containers
26 with compactors shall be furnished by the owner, therefore, no rental cost shall be charged.
27
28 Section 3. Each and every other provision of Chapter 10, not herein specifically
29 1mended shall remain in full force and effect as previously enacted.
30 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
.\CA \Ordinances\Refuse, Garbage and Trash(rate increase).doc
- 2-
~
I
I
1 I same are hereby repealed.
I
I I Section 5. Should any section or provision of this ordinance or portion herellL any
-
I
" paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid.
--'
4 such decision shall not affect the remainder of this ordinance.
5 Section 6. Authority is hereby granted to codify said ordinance.
6 Section 7. This ordinance shall become effective immediately upon its passage
7 and adoption.
8 FIRST READING this day of .2008.
~ --~-~~ _..._,---------~--~
9
10 SECOND, FINAL READING AND PASSAGE this ua\ llf
- .-_.~~~_._~._-
11 .2008.
12 CITY OF BOYNTON BEACH. FLORID,-\
13
14
~~- _____m_.__~
15 Mayor - Jerry Taylor
16
17
~~~--_._- -------------
18 Vice Mayor - Jose Rodriguez
19
20
~",._-- --~--
21 Commissioner - Ronald Weiland
II
I"
~--'
--~------~----------~----~
24 Commissioner - Woodrow L. Hay
25
26
27 Commissioner - Marlene Ross
28 TTEST:
29
30
31
"I anet M. Prainito. CMC
--'-
"" ity Clerk
-~ j
34
35
36 CORPORA TE SEAL)
37
"\CA\Ordmances\Refuse, Garbage and Trash(rale mcrease) doc
-, -
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM NO. 08-081
TO: Jeffrey Livergood, Director
Public Works
THRU: Christine Roberts, Assistant Director of Public Works CAZ.
FROM: Larry Quinn, Solid Waste Manag@
DATE: October 15, 2008
SUBJECT: Operational Increase - Commercial Service/Commercial Recycling
The Solid Waste Division provides commercial service to the City of Boynton Beach. Our commercial rate
is composed of three primary elements as listed below:
1. Rental - We provide garbage containers to commercial businesses therefore the rental fee
covers the cost for replacement containers
2. Disposal - This is the tipping fee that is charged by the Solid Waste Authority when the
container is emptied
3. Operating _ This fee covers labor & benefits, maintenance and fuel. It is this portion of
commercial revenue that is the subject of this proposed rate increase
Increased labor and fuel costs have caused our operational expenses to rise 14% for budget year 2008-09.
Code currently allows us to increase our front load commercial and commercial recycling operating
revenues by 4% annually. A 4% increase this year is not sufficient to cover our increasing costs and I am
requesting that the operational portion of our current rates be increased by 14% to cover our cost of doing
business.
I have attached charts showing our current 2008-09 operational charges compared to that of Delray Beach
and District 5 of the Palm Beach County rates which is the district west of Boynton Beach.
When you compare our proposed rates vs. the new 2008-09 rates for the aforementioned, you will see that
our rates are still well below what is being charged elsewhere. We attribute this to our efforts towards
efficient use of fleet and staff. A chart of the proposed commercial rates is attached.
Chart One
2007-08 2008-09
Labor and Benefits $3,145,767 Labor and Benefits $3,520,091
Operating Expenses - Operating Expenses -
DisDosal 1,616,304 DisDOsal 1,908,716
$4,762,071 $5,428,807 14%
Chart Two
Operating CostIYd 2008-
09
Del ray 5.50
District 5 (Countv) 5.69
Boynton Beach 4.00
LQ:jam
copy: PW Files
. Public Works Department
PROPOSED FY~008-2009 Solid Wa.ste Rates
COMMERCIAL DUMPSTERS
Effective:
CU YO Per Month 8.66 17.32 25.98 34.64 43.33 51.96 60.62
Rental $28.00 $28.00 $28.00 $28.00 $28.00 $28.00 $28.00
Disposal $28.36 $56.72 $85.21 $113.44 $141.90 $170.17 $198.53
Operating $34.64 $69.28 $103.92 $138.56 $173.32 $207.84 $242.48
CU YD Per Month 12.99 25.98 38.97 51.96 64.95 77.94 90.93
Rental $35.00 $35.00 $35.00 $35.00 $35.00 $35.00 $35.00
Disposal $42.54 $85.21 $127.62 $170.17 $212.71 $255.25 $297.79
Operating $51.96 $103.92 $155.88 $207.84 $259.80 $311.76 $363.72
CU YO Per Month 17.32 34.64 51.96 69.28 86.60 103.92 121.24
Rental $41.00 $41.00 $41 .00 $41.00 $41.00 $41.00 $41 .00
Disposal $56.72 $113.44 $170.17 $226.89 $283.61 $340.34 $397.06
Operating $69.28 $138.56 $207.84 $277.12 $346.40 $415.68 $484.96
..."'...
25.98 51.96 77.94 1 03.92 129.90 155.88 181 .86
$48.00 $48.00 $48.00 $48.00 $48.00 $48.00 $48.00
$85.21 $170.17 $255.25 $340.34 $425.42 $510.50 $595.59
$103.92 $207.84 $311.76 $415.68 $519.60 $623.52 $727.44
103.92 173.20 207.84 242.48
$ 55.00 $ $ 55.00 $ 55.00 $ 55.00
$ 340.34 $ $ 567.23 $ 680.67 $ 794.12
831.36 $ 969.92
'~'$58\~20'~'
,,:if~~,~'_ ,,:, ."_<~;";' ,,)XP(
" T'W\S aste\Solid Waste Rate" rY2008200Q
Garbage, Trash and Offensive Conditions 13
I (k) Non-inteiference. It shall be unlawful .. _ _ _ _ _ _ J _ _ _ _ _ _ _"- _ _ _ _ _ .Y _ _ _ _ _ ~ . Deleted: 8 cu. yd. container- 40.00 per
for any person to interfere with any employee of ~.(:, month
.he City while in the performance of their duties .. - - - - - - - - - - - - - - - - - - - - - - - - - - - - I':, Deleted: 2 cu. yd. container-$20.00 per
. . \,' month
as authonzed by thls chapter. a. Rental charge - The charge assesses to., ','
. . \ ", Deleted: 3 cu yd. container- 25.00 per
account for expenses related to the prOVISIOn of \ '. \ month
(Ord. No. 82-29, ~ 1, 9-21-82; Ord. No. 04- commercial refuse containers. The Public Works '. '.' Deleted: 4 cu. yd. container- 30.00 per
030, ~ 2, 5-18-04) Director shall annually adjust..the container '. .. month
rental fee based upon changingJr!a!~~t :p~~es= q( =-. '. Deleted: 6 cu. yd. container- 35.00 per
Editor's note-Subsection 10-26(h), relative to new containers. ',' \ month
the dis:posal 01' construction or industrial wastes ',\ Formatted: Indent: Arst line: OS
'J, \ \
had been deleted as being duplicative of ~ 10-30. b. Disposal charge-A fixed disposal \ Deleted: these fees
charge as set and modified from time to time by Deleted: purchase
Sec. 10-28. Reserved. the Palm Beach County Solid Waste Authority.
This price shall be passed on to the customer
Editor's note-Provisions designated ~ 10-28, directly.
and enumerating certain violations, have been
deleted by the editor as being duplicative of ~ c. Operating charge-A fixed charge
10-31. per cubic yard to cover all other labor and
equipment hauling expenses and charges of the
Sec. 10-29. Purpose of rates and charges. Solid Waste Department. The rate in. 200~-09 _ _ _ _ - Deleted: 2004
will be fixed at. f~uI .99Ul!T~..J$~.OQ) Qe! .s:!lQi~ _ _ _ _ _ - Deleted: three
The rates and charges herein set forth are yard and.. shilLI_b~ j~C!~~~'.!..Ji!1l1t!~lly_tb~r~'!f!e! _ _ - - - Deleted: ($3.00)
imposed to provide revenue for the purpose of based upon changes to operating expenses at the \~,-\- Deleted: will
paying the costs of the operation and discretion of the Public Works Director at the \' Deleted: Co
maintenance of the refuse collection and disposal beginning of each fiscal year, or as otherwise ' our
f h C. d . h f d 'd d b h C' C .. Deleted: percent(4%)
system 0 t e Ity an extensIOns t ereo an prov! e y t e !ty ommlSSlOn.
replacements thereto and for any other lawful
purpose as so determined by the City (2) Partial monthly service will be
Commission. charged on a prorated basis, based on the rates in
subsection (Ia.) above.
(Ord. No. 82-29, ~ 1,9-21-82; Ord. No. 94-28, ~
3,9-9-94; Ord. No. 04-030, ~ 2, 5-18-04) (3) Mechanical compressed or
compactor refuse shall have the disposal rate
Sec. 10-30. Rates and charges for City computed at a three-to-one (3:1) ratio of the
service. disposal rates set forth in subsection (1 b.) above.
Containers with compactors shall be furnished
The rates and charges for refuse collection by the owner, therefore, no rental cost shall be
service provided by the City shall be as follows: charged.
(a) Commercial containerized, excluding
multifamiZv residential units:
(1) Monthly commercial charges shall
consist of a total of the following three (3) items:
Deleted: a. Container rental charge-
A monthly flat fee to cover the cost of the
I container by size as follows:'11
,. ~ - - - -,,- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -/-
Deleted: 200312004 Rates
2005 5-23