Agenda 10-20-09
The City of
"It
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h
100 E. Boynton Beach Boulevard. (561) 742-6000
TUESDAY, OCTOBER 20,2009
6:30 PM
City Commission
AGENDA
Jerry Taylor
Mayor - At Large
Ron Weiland
Commissioner - District I
AO:
Woodrow Hay
Vice Mayor - District II
Jose Rodriguez
Commissioner- District III
0UI1lQYHlO
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
DISTR.lrl
Janet M. Prainito
City Clerk
Visit our Web site
www. boynton-beach. org
We're Reinventing City Living for
the Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC P ARTICIP A TION 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)
- 2 -
1. OPENINGS
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland
D. Agenda Approval:
1. Additions, Deletions, Corrections
Clarification and interpretation of Zoning Code regarding uses in
the M-1 Zoning District.
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
None
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS Will BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
5. ADMINISTRATIVE
Appoint eligible members of the community to serve on the Historical
Preservation Ad Hoc Committee.
Accept the resignation of Lynda H. Frederick, a regular member of the Golf
Advisory Board.
Accept the resignation of John E. McGovern, a regular member of the Library
Board.
Appoint eligible members of the community to serve in vacant positions on City
advisory boards.
6. 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.
- 3 -
Approve the Minutes from the City Commission meeting held on September 22,
2009.
Approve the Minutes from the City Commission meeting held on October 6,
2009.
PROPOSED RESOLUTION NO. R09-117 -- Approve piggybacking the City of
Delray Beach contract bid #2002-37 with Chaz Equipment of Wellington, Florida
to rehabilitate the City's wastewater gravity manholes for a project cost of
$256,314.00 with a 15% contingency of $38,447.00 for a total project cost of
$294,761.10.
Approve appropriation of $446,722.50 from the Fuel Island Improvement
Reserve in the Vehicle Service Fund (501), to provide funding in FY 09/10 for
required Fuel Tank Replacement Project (project #RP1 001).
PROPOSED RESOLUTION NO. R09-145 -- Approve the Piggy-Back of Palm
Beach County School Board RFP #09C-018K with Lutz Petroleum Equipment
Installations, Inc., of Pompano Beach, Florida, for Labor, Equipment and
materials for the installation and start up of a new above ground storage tank
system and removal of the current underground storage tanks for a total cost of
$446,722.50, which includes a five (5%) contingency. (Tabled on October 6,
2009)
PROPOSED RESOLUTION NO. R09-148 -- Approve and authorize the
execution of a two year contract for the RE-BID TO RE-BID FOR THE TWO-
YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES, Bid# 067-
2110-09/JA, to Staffing Connection/Action Labor of West Palm Beach, Florida
for an estimated annual expenditure of $304,170.00.
PROPOSED RESOLUTION NO. R09-149 -- Approve and authorize the
execution of a Contract for "BOAT CLUB PARK RENOVATIONS" Bid # 065-
2730-09CJD to: BURKE CONSTRUCTION Group, Inc. of West Palm Beach,
Florida in the amount of $220,900 with a 10% contingency of $22,090 for a total
project cost of: $242,990.
PROPOSED RESOLUTION NO. R09-150 -- Approve the award of the ANNUAL
SUPPLY OF POL YPHOSPHATE TYPE CORROSION INHIBITORS" Bid #052-
2821-09/JA, to Shannon Chemical Corporation, of Malvern, Pa. for an estimated
annual expenditure of $ 52,990.
PROPOSED RESOLUTION NO. R09-151 -- Approve the "First Amendment -
Agreement for the Provision of Supplemental Police Services" between the CRA
and the City.
PROPOSED RESOLUTION NO. R09-152 -- Approve execution of the first
amendment to the Palm Beach Co. Recreation Assistance Program (RAP)
Agreement in an amount not to exceed $7,000 to help offset costs of the 2009
Heritage Celebration.
- 4 -
PROPOSED RESOLUTION NO. R09-153 -- Approve the Interlocal agreement
between the Board of County Commissioners, Palm Beach County, Florida, and
the City of Boynton Beach, Florida authorizing the City of Boynton Beach to enter
into a 1 year agreement to receive funding in the amount of $279,900 as a
partner in the continued planning and implementation of the Youth Violence
Prevention Program (YVPP) in the target area in the City of Boynton Beach.
PROPOSED RESOLUTION NO. R09-154 -- Approve an Agreement with
RESPECT of Florida for janitorial services at the Utility Department's
Administration Building, East Water Treatment Plant and West Water Treatment
Plant for an annual expenditure of $49, 960.84.
PROPOSED RESOLUTION NO. R09-155 -- Approve a new inter-local
agreement with the Solid Waste Authority (SWA) for delivery of municipal
recycling to their new facility with a revenue sharing program.
PROPOSED RESOLUTION NO. R09-156 -- Approve the sixty-three (63) month
Application Service Provider agreement with SunGard Public Sector Inc.,
effective October 1, 2009, to host their integrated HTE government application-
software package and the City's data at SunGard's secure Georgia data-center.
The total sixty-three (63) month cost is $879,765 (minus a $30,332.82 credit for
October 1 through December 31, 2009), in accordance with the attached
"Schedule A - Order Form".
PROPOSED RESOLUTION NO. R09-157 -- Execute the Interlocal Agreement
(ILA) with the Town of Ocean Ridge to allow beach patrons who have purchased
annual parking permits to park at designated spaces at the west end of the Town
Hall parking lot at times when the Oceanfront Park parking lot is in an overflow
status.
PROPOSED RESOLUTION NO. R09-158 -- Approve the Interlocal Agreement
between the City of Lake Worth and the City of Boynton Beach for building,
planning and related administrative services.
PROPOSED RESOLUTION NO. R09-159 -- Authorize entering into a contract
with Palm Beach County Housing and Community Development, implementing
activities under the 2005 Disaster Recovery Initiative Program, and receiving
maximum reimbursement of $1 ,629,170.
PROPOSED RESOLUTION NO. R09-160 -- Approve the Interlocal Agreement
between Palm Beach County (PBC) and the City of Boynton Beach for
participation in the Drowning Prevention Coalition (DPC) Learn to Swim Program,
which provides vouchers to the public that may be redeemed for swimming
lessons at the John Denson Pool.
PROPOSED RESOLUTION NO R09-161 -- Approve the FY 2008-09 (a) transfer
of budgeted funds from the Fire Assessment Fund to the General Fund in the
amount of $3,174,665 and (b) increase the General Fund authorized
appropriation and related budget of such funds in the same amount of
$3,174,665.
- 5 -
Accept the monthly report on the major projects being completed by the
Recreation and Parks Department.
Release all surety for the water and sewer systems for the project known as
Waterside, including the surety for offsite improvements, in the amount of
$48,825.65, and refunding this amount to Southern Homes of Palm Beach, LLC,
the developer of the project.
Motion to release all surety for the water and sewer systems for the project
known as Renaissance Commons, Phase VI, and returning Letter of Credit no.
SM222405W from Wachovia Bank to the developer of this project.
7. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
8. PUBLIC HEARING
7 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.
Baywalk, (SPTE 09-007), Site Plan Time Extension, located at 3103 South
Federal Highway; west side of Federal Highway, approximately 1/8 mile south of
Old Dixie Highway. Request approval of a one (1 )-year site plan time extension
for a new site plan (NWSP 08-001) approved on January 2, 2008, thereby
extending site plan approval from July 2, 2009 to July 2, 2010. Applicant: Alberto
Herrera, P.E., Development Consulting Group, Inc. Staff and Board recommend
item be approved.
High Ridge Academy, (COUS 09-005) (MSPM 09-007), Conditional Use / Major
Site Plan Modification, located at 1275 Gateway Boulevard/ NE corner of
Gateway Boulevard and Park Ridge Boulevard. Request approval for conditional
use / major site plan modification to allow for the conversion of an existing 14,692
square foot office building to a preschool/day care use. Applicant: 1325 Gateway
LLC. The Planning and Development Board recommends, and staff concurs,
that the item should be TABLED allowing submission of confirmation regarding
vehicle stacking capacity, taking into consideration both the traffic movement and
peak period characteristics of the subject use and the two other adjacent
schools. (Planning and Development Board and staff recommend tabling)
First American Bank Office Complex, (MSPM 09-008), Major Site Plan
Modification, located at 1301 N. Congress Avenue. Request approval of a major
site plan modification and shared parking study to convert 15,000 square feet of
an existing 40,000 square foot office building to medical uses. Applicant: TP
Eleven LLC.
- 6 -
9. CITY MANAGER'S REPORT
Consider request from the Town of Briny Breezes seeking relief from: 1) Annual
contract adjustments in the current Police and Fire/EMS Services contracts and
2) Water/Sewer charges.
PROPOSED RESOLUTION NO. R09-162 -- Approve the intent of the City to
reimburse expenditures incurred prior to the issuance of bonds or another form of
financing for the City's Water & Sewer Utility System.
Authorize a short-term inter-fund loan in the maximum amount of $15,000,000
with interest at the annual rate of 3% from the Utility System Capital Expansion
Fund to the Utility System Capital Repair & Replacement Fund
10. FUTURE AGENDA ITEMS
A. Approve piggyback on the Jacksonville Electric Authority (JEA) contract #82768 Cured in
Place Pipe (CIPP) Unit Price Construction with Insituform Technologies of Jacksonville,
FL to rehabilitate the City's wastewater gravity main lines for a project cost of
$1,967,947.88 with a 10% contingency of $196,794.79 for a total project cost of
$2,164,742.67. (Proposed Resolution No. R09-116) (Tabled to November 3,
2009)
B.
Proposed Ordinance No. 09-009
Comprehensive Plan Future Land Use Map
Residential to Industrial. (New Urban High
December 1, 2009)
Re: Amending the
classification from Medium Density
Ridge LUAR 09-001) (Tabled to
C. Proposed Ordinance No. 09-010 Re: Rezoning a parcel of land
located on the northwest corner of High Ridge Road and Miner Road from Planned Unit
Development (PUD) to M-1 Industrial District. (New Urban High Ridge LUAR 09-
001) (Tabled to December 1,2009)
11. NEW BUSINESS
None
12. LEGAL
PROPOSED ORDINANCE NO. 09-043 -- 1ST READING -- Adopt Ordinance
authorizing the use of Development Agreements.
13. UNFINISHED BUSINESS
None
- 7 -
14. 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 AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL
OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT 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.
ADDmONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING
ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
- 8 -
1. A
OPENINGS
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Clarification and interpretation of Zoning Code regarding
uses in the M-1 Zoning District.
EXPLANATION OF REQUEST: This item was requested by Commissioner Ronald Weiland.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/ A
- 9 -
Swanson, Lynn
From:
Sent:
To:
Subject:
Bressner, Kurt
Thursday, October 15, 2009 10:26 AM
Swanson, Lynn
FW: Zoning issue - Additional Information
Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310, Boynton
Beach, FL 33425-0310 (561 )-742-60 I 0 (office) or (561) 436-2328 (cell) http://www.boynton-beach.org
-----Original Message-----
From: Bressner, Kurt
Sent: Tuesday, October 13,20092:14 PM
To: 'NANOJEA@ao1.com'
Cc: Byrne, Nancy; Welsh, Pam; Weiland, Ronald
Subject: FW: Zoning issue - Additional Information
Ms. Ojea,
I just received this information from Commissioner Weiland and will relay it to Ms. Byrne for review as well.
Kurt Bressner
Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310, Boynton
Beach, FL 33425-0310 (561 )-742-6010 (office) or (561) 436-2328 (cell) http://www.boynton-beach.org
-----Original Message-----
From: Weiland, Ronald
Sent: Tuesday, October 13,2009 1 :42 PM
To: Bressner, Kurt
Subject: Fw: Zoning issue
Kurt, big problem she signed a lease. Ron
-----Original Message-----
From: NANOJEA@aol.com <NANOJEA@aol.com>
To: Weiland, Ronald
Sent: Mon Oct 12 II :57: 192009
Subject: Re: Zoning issue
- 10 -
Thanks for your help Ron. Just to give you a little more info. The realtor who found the site for me went to
public records and pulled all info on the address and everything listed with the county states it's zoned
commercial condominium. My problem is I signed the lease based on all records available to me and now I find
out from Max in Occupational licensing, that I can't go in there. There is cheerleading, gymnastics and dance in
industrial areas of Boynton so I don't know why I can't get a license issued. Especially now when so many
buildings are sitting empty and I'm trying to bring business to Boynton.
My rent starts Nov. I and if! can get in there I'm stretched for time because I need to lay a dance floor and re-
carpet and build out a counter area. Any help would be greatly appreciated even if it's just to steer me to the
right person.
Thank you,
Nancy Ojea
In a message dated 10/8/20095:32:04 P.M. Eastern Standard Time, WeilandR@bbfl.us writes:
Nancy, I will look at the issue monday. Thanks. Ron
-----Original Message-----
From: NANOJEA@aol.com <NANOJEA@aol.com>
To: Weiland, Ronald
Sent: Wed Oct 0712:51:492009
Subject: Zoning issue
Hey Ron,
It's Nancy Ojea. I have a problem and was wondering if you could help. I own Jazzercise classes which
is a dance aerobic program. I am looking to rent a place to hold classes and found one located at 3487 High
Ridge Road. I had a realtor helping me and it said zoned "flex" on the realtor paper work. Now, I'm inquiring
about an occupational license and was told I cannot go in there that it is zoned light industrial. There is
gymnastics and a cheerleading facility in this same area. I don't understand why this is considered any different.
Is there any way I can get approval to hold classes there?
I have looked all over Boynton Beach and commercial real estate is just too expensive and I can't afford
it. Right now I hold classes at Boynton Beach High School but I'm limited to the days and times I can hold
classes due to the school schedule.
Thanks,
Nancy Ojea
2
- 11 -
Page 1 of2
Swanson, Lynn
From: Bressner, Kurt
Sent: Thursday, October 15, 2009 10:25 AM
To: Swanson, Lynn
Subject: FW: FW: Zoning issue
Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310,
Boynton Beach, FL 33425-0310 (561 )-742-60 1 0 (office) or (561) 436-2328 (cell) http://www.boynton-
beach.org
From: Bressner, Kurt
Sent: Tuesday, October 13, 20092:21 PM
To: Weiland, Ronald
Subject: FW: FW: Zoning issue
Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310,
Boynton Beach, FL 33425-0310 (561)-742-6010 (office) or (561) 436-2328 (cell) !illp://ww~.bQ)'nton-
beach.org
From: NANOJEA@aol.com [mailto:NANOJEA@aol.com]
Sent: Tuesday, October 13, 20092:20 PM
To: Bressner, Kurt
Subject: Re: FW: Zoning issue
Mr. Bressner,
Thanks so much for looking into this and seeing if you can help me out in any way. I know my business would
be an asset to Boynton Beach.
Sincerely,
Nancy Ojea
In a message dated 10113/2009 1:12:01 P.M. Eastern Standard Time, BressnerK@bbfl.uswrites:
I Ms. Ojea,
10/15/2009
- 12 -
Page 2 of2
Commissioner Weiland forwarded your request to me to research for you.
I will ask Nancy Byrne, Assistant Director of our Development Department
to review the occupation conditions for the building you mentioned in
your e-mail; specifically if an educational occupancy like yours can go
into this location either as a permitted or conditional use.
I hope to have a direct answer to you from Ms. Byrne in the next day or
so.
Thank you,
Kurt Bressner
Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach
Blvd. P.O. Box 310, Boynton Beach, FL 33425-0310 (561)-742-6010 (office)
or (561) 436-2328 (cell) http://www.boynton-beach.org
-----Original Message-----
From: Weiland, Ronald
Sent: Tuesday, October 13, 2009 9: 17 AM
To: Bressner, Kurt
Subject: Fw: Zoning issue
----Original Message-----
From: NANO,IEA@aol.com <NANOJEA@aol.com>
To: Weiland, Ronald
Sent: Wed Oct 07 12:51:492009
Subject: Zoning issue
Hey Ron,
It's Nancy Ojea. I have a problem and was wondering if you could help.
I own Jazzercise classes which is a dance aerobic program. I am
looking to rent a place to hold classes and found one located at 3487
High Ridge Road. I had a realtor helping me and it said zoned "flex" on
the realtor paper work. Now, I'm inquiring about an occupational
license and was told I cannot go in there that it is zoned light
industrial. There is gymnastics and a cheerleading facility in this
same area. I don't understand why this is considered any different. Is
there any way I can get approval to hold classes there?
I have looked all over Boynton Beach and commercial real estate is just
too expensive and I can't afford it. Right now I hold classes at
Boynton Beach High School but I'm limited to the days and times I can
hold classes due to the school schedule.
Thanks,
Nancy Ojea
10/15/2009
- 13 -
Swanson, Lynn
From:
Sent:
To:
Subject:
Weiland, Ronald
Wednesday, October 14, 2009 10:03 AM
Cheraf, James
Fw: Zoning issue
-----Original Message-----
From: NANOJEA@aol.com <NANOJEA@aol.com>
To: Weiland, Ronald
Sent: Mon Oct 12 II :57: 192009
Subject: Re: Zoning issue
Thanks for your help Ron. Just to give you a little more info. The realtor who found the site for me went to
public records and pulled all info on the address and everything listed with the county states it's zoned
commercial condominium. My problem is I signed the lease based on all records available to me and now I find
out from Max in Occupational licensing, that I can't go in there. There is cheerleading, gymnastics and dance in
industrial areas of Boynton so I don't know why I can't get a license issued. Especially now when so many
buildings are sitting empty and I'm trying to bring business to Boynton.
My rent starts Nov. 1 and if! can get in there I'm stretched for time because I need to lay a dance floor and re-
carpet and build out a counter area. Any help would be greatly appreciated even if it's just to steer me to the
right person.
Thank you,
Nancy Ojea
In a message dated 10/8/20095:32:04 P.M. Eastern Standard Time, WeilandR@bbfl.us writes:
Nancy, I will look at the issue monday. Thanks. Ron
-----Original Message-n--
From: NANOJEA@aol.com <NANOJEA@aol.com>
To: Weiland, Ronald
Sent: Wed Oct 07 12:51 :492009
Subject: Zoning issue
Hey Ron,
It's Nancy Ojea. I have a problem and was wondering if you could help. I own Jazzercise classes which
is a dance aerobic program. I am looking to rent a place to hold classes and found one located at 3487 High
Ridge Road. I had a realtor helping me and it said zoned "flex" on the realtor paper work. Now, I'm inquiring
about an occupational license and was told I cannot go in there that it is zoned light industrial. There is
gymnastics and a cheerleading facility in this same area. I don't understand why this is considered any different.
Is there any way I can get approval to hold classes there?
I have looked all over Boynton Beach and commercial real estate is just too expensive and I can't afford
it. Right now I hold classes at Boynton Beach High School but I'm limited to the days and times I can hold
classes due to the school schedule.
- 14 -
Thanks,
Nancy Ojea
2
- 15 -
Swanson, Lynn
From:
Sent:
To:
Subject:
Weiland, Ronald
Wednesday, October 14, 2009 10:01 AM
Cherof, James
Fw: zoning question
-----Original Message-----
From: Byrne, Nancy
To: 'nanojea@aoI.com' <nanojea@ao1.com>
CC: Greene, Quintus; Rumpf, Michael; Bressner, Kurt; Weiland, Ronald; Rodriguez, Jose
Sent: Tue Oct 1315:33:352009
Subject: FW: zoning question
Ms. Ojea,
I'm sorry that I don't have better news to report, but please see the string of e-mails below, including Director of
Development Quintus Greene's response to Commissioner Rodriguez, who also made inquiry on your behalf
last week.
City staff has been consistent in opposition to the intrusion of these types of uses into the industrial district
intended to service more intense industry, which restricts the City's ability to accommodate manufacturing and
other uses which bring much needed jobs into the City. There is also reasonable concern of mixing the general
public into areas where heavy equipment and trucks are regularly traversing the roadways. This area gets
considerable use by the Solid Waste Authority and regular deliveries to adjacent businesses by large freight
trucks. The Commercial districts where this use is permitted are much more suitable, less hazardous locations.
As Mike Rumpf, Planning Director, points out below, the owners of the Condominium units should be aware of
the restricted uses in that area. I would think that should be sufficient to release you from your lease obligation.
Nancy Byrne
Assistant Director of Development
City of Boynton Beach
(561) 742-6372
byrnen@bbfl.us <mailto:byrnen@bbfl.us>
- 16 -
-----Original Message--n-
From: Rumpf, Michael
Sent: Tuesday, October 13, 2009 3:02 PM
To: Byrne, Nancy; Greene, Quintus
Cc: Ducoste-Amedee, Maxime
Subject: RE: Zoning issue - Additional Information
We all recall the two text amendments that followed the approval and construction of High Ridge Commerce
Ctr. II at Miner Road and High Ridge Road (S W corner). The two M-I code amendments added gymnastics
centers (permitted) and then dance studios (conditional) as two unrelated amendments and about a year apart.
They were worded specifically so that the review would be limited to that specific use, and that they would not
be interpreted to include other such uses. Otherwise the use would have originally been worded as "instruction,
sports, fitness" or something similar.
A gymnastics center is not dance instruction, and dance instruction is not Jazzercise(or Pilates). Further, they are
condo units and the original owner and buyers should be very aware of the zoning restrictions/provisions.
Mike
From: Greene, Quintus
Sent: Tuesday, October 13, 2009 3 :05 PM
To: Rodriguez, Jose
Cc: Bressner, Kurt; Byrne, Nancy; Rumpf, Michael
Subject: FW: zoning question
Commissioner Rodriguez -
2
- 17 -
My apologies for the delayed response, I thought this had already been forwarded to you.
Q
From: Greene, Quintus
Sent: Wednesday, October 07, 2009 6:26 PM
To: Bressner, Kurt
Cc: Breese, Ed; Rumpf, Michael
Subject: FW: zoning question
Kurt -
The attached chain of e-mails is pretty self-explanatory. Staff is not recommending in favor of the proposed use
at that location. However, as always, we will do whatever the City Commission requires.
Q.
From: Rumpf, Michael
Sent: Wednesday, October 07, 2009 6:15 PM
To: Greene, Quintus
Cc: Breese, Ed
Subject: RE: zoning question
Probably what you recall is the most recent amendment for dance instruction and the instructor to benefit from
this was absent from the final Commission hearing and my final plea at least achieved it being conditional rather
than permitted like the gymnastic use. Staff opposed both amendments.
The project is High Ridge Commerce II; the industrial condo building at the southwest corner of High Ridge
3
- 18 -
and Miner Rds. Unless we want to start interpreting the code more liberally, such that her Jazzercise class falls
under Dance Instruction, it would require a code amendment initiated by staff, board or Commission. I wouldn't
recommend further occupation of the industrial space by non-industrial uses.
MR.
From: Greene, Quintus
Sent: Wednesday, October 07,20093:25 PM
To: Rumpf, Michael
Cc: Breese, Ed
Subject: FW: zoning question
Mike-
I seem to recall that there was some controversy regarding the location of the gymnastic/cheerleading facility in
Quantum that is referenced in this e-mail. However I can't remember how it was resolved. Is there a precedent
that has already been set? Let me know so that I can respond back to Kurt.
Q.
From: jreguez@aol.com [mailto:jreguez@aol.com]
Sent: Wednesday, October 07, 20092:54 PM
To: Greene, Quintus
Subject: Fwd: zoning question
Quintis, can you have me with this...im not even sure it's boynton beach.. thanks...
Best,
Jose
4
- 19 -
-----Original Message-----
From: Rodriguez, Jose <RodriguezJ@bbfl.us>
To: jreguez@aol.com
Sent: Wed, Oct 7,2009 12:52 pm
Subject: FW: zoning question
Attached Message
From:
NANOJEA@aol.com
To:
Rodriguez, Jose <RodriguezJ@bbfl.us>
Subject:
zoning question
Date:
Wed, 7 Oct 2009 12:52: 19 -0400
Hi Jose,
I have a problem and was wondering if you could help. I own Jazzercise classes which is a dance aerobic
program. I am looking to rent a place to hold classes and found one located at 3487 High Ridge Road. I had a
realtor helping me and it said zoned "flex" on the realtor paper work. Now, I'm inquiring about an occupational
license and was told I cannot go in there that it is zoned light industrial. There is gymnastics and a cheerIeading
facility in this same area. Is there any way I can get approval to hold classes there?
I have looked all over Boynton Beach and commercial real estate is just too expensive and I can't afford it.
Right now I hold classes at Boynton Beach High School but I'm limited to the days and times I can hold classes
due to the school schedule. I can also be reached at (561) 389-0009.
Thanks,
Nancy Ojea
5
- 20-
5. A
ADMINISTRATIVE
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
~ ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Appoint eligible members of the community to serve on the
Historical Preservation Ad Hoc Committee.
EXPLANATION OF REQUEST: At the July 21,2009 City Commission meeting, staff brought
forward an informational report on establishing a Historic Preservation Ordinance for the City
of Boynton Beach. Members of the Commission voted unanimously to direct staff to begin the
process of creating a Historical Preservation Ordinance and program by establishing a
Commission appointed Ad Hoc Committee.
A list of interested persons were brought forward to the Commission at the September 1, 2009
City Commission meeting for consideration for appointment. The Commission indicated at that
time that a formal application process should take place, similar to application for a City
Advisory Board.
An application and explanation of the Ad Hoc Committee was featured on the Home Page of
the city's website with a submittal deadline of October 9, 2009. Staff is now bringing forward
for consideration those applications received by the deadline for the Ad Hoc Committee.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The creation of a Commission appointed
Ad Hoc Committee would further along the process toward creating a comprehensive Historic
Preservation Ordinance by securing community support, creating a current mapping of historic
resources, and identifying possible funding mechanisms.
In order to best address the issues of Historic Preservation, staff has recommended selection
criteria that the Commission mayor may not wish to take into consideration. Namely, staff
recommends that selection of Ad Hoc Committee members fall into one of several groups, with
- 21 -
a minimum in each group to create a working group of manageable size. Staff suggests the
following:
· One (1) person who is an owner/occupant of a local historic property.
· One (1) person who is a professional architect or developer.
· One (1) person who is a property manager, contractor or builder.
· Two (2) persons who are a historic preservationist, "expert" or experienced individual in
historic preservation.
FISCAL IMPACT: None at this time, with the exception of staff hours needed to assist the Ad
Hoc Committee.
ALTERNATIVES: 1.) Not to appoint an Ad Hoc Committee. 2.) Continue the application process
and actively recruit members through targeted mailings.
- 22-
APPLICANTS FOR HISTORIC
PRESERVATION AD HOC COMMITTEE
Adams, Warren
Block, Jason
Hendricks, Gaylord
Henry, Ayesha
Holzman, Steven
Jones, Eric
McGovern, John
Montross, Cliff
Ready, Barbara
Stabile, Linda
Waite, Juan
- 23 -
Overseeing projects on site, organizing professional teams and
provision of advice on best preservation practice.
Liasing with govemment bodies and preservation organizations.
Sale of completed projects to identified end users.
Nov.01-Sep.02 Historic Scotland
Heritage Planner
As the first holder of this post, the setting up of systems and
procedures to ensure the smooth flow of consistent advice within
and beyond Historic Scotland.
Improvement of access to and interpretation of infonnation held on a
range of software packages.
Advising building inspectors on planning issues regarding
developments which adversely affected historic buildings,
conservation areas, Scheduled Ancient Monuments and designed
landscapes.
Examination of Environmental Impact Assessments for possible
adverse effects on the built heritage.
Utilization of geographical infonnation system for the location of
historic buildings, conservation areas, Scheduled Ancient
Monuments and designed landscapes.
Training on listed buildings legislation and casework and their
relationship to Scheduled Ancient Monument and archaeological
issues.
Jan.01-Nov.01 Addyman & Kay, Building Archaeologists
Project Manager
Project identification, development and tendering.
Building archaeology, field archaeology and site recording.
Building surveys and stone by stone recording of structures.
Report preparation, finds documentation, cleaning, and storage.
Basic alterations to CAD generated drawings.
Preparation of conservation plans.
Provision of advice on the use of traditional materials.
Documentary research.
Staff management and contract pricing.
Dec.98-Aug.99 East Renfrewshire Estates Department
Valuation Surveyor
Survey and valuation of govemment owned properties for asset
register purposes.
Preparation of building plans.
Valuation appeal negotiations.
Condition inspections.
JuI.89-Dec.98
Renfrewshire Valuation Joint Board
Valuation Surveyor
Survey and valuation of properties for taxation, development,
insurance, and rental purposes.
Preparation of building plans.
Expert witness at land valuation appeal hearings.
- 24-
Additional
professional
information
Professional
memberships
Office valuation group leader.
Staff training in valuation methods and survey technique.
Nov.87-JuI.89
Andrews Weatherfoil Ltd.
Estimator
The pricing of bills of quantities for building services installation.
Analysis of drawings for the estimation of quantities.
. Member of the Palm Beach County Historic Resources Review
Board.
. Member of the Palm Beach Preservation Alliance Board.
. Recently employed as a private consultant by both the City of Delray
Beach and Delray Beach residents to act on their behalf as an
expert witness in appeals to the City Commission regarding
inappropriate development approvals in historic districts.
Former policy advisor to the Royal Institution of Chartered
Surveyors in Scotland on conservation policy, and point of contact
for press releases.
Former Yorkshire Group Organizer for the Society for the Protection
of Ancient Buildings.
Delegate on the National Trust for Scotland Little Houses
Improvement Scheme symposium and on the Georgian Group
study tour of English country houses.
Presentation of lectures.
Published articles in professional joumals and the national press.
Florida driving license, no endorsements.
Computer literate with experience in the use of Microsoft Word,
Excel and Access, photolimaging software, AutoCAD, Quickbooks,
ArcView, Maplnfo and SourceMap. Basic knowledge of website
construction.
Member of the Royal Institution of Chartered Surveyors
(Americas).
- 25 -
/1 . "
L.-f?t01<-t/.2A!-4~
CITY OF BOYNTON BEACH &. 1J:4~
HISTORIC PRESERVATION AD HOC COMMITTEE APPLlCATit>'N /i::tt:i;
7-
Thank you for your interest in serving on the City's Historic Preservation Ad Hoc Committee and for taking the time to fill
out this form. Please print or type all answers clearly. If instructions are not followed or the application is not filled out
in its entirety, the form will be returned for clarification.
Name IJason Block
Address 11042 NW 6th Avenue
City IBOynton Beach
E-mail Addressjason.block@orionbank.com
State IFL
Zip Code 133426
Current occupation, or, if retired, prior occupation IAVP Credit Officer, Orion Bank
How long did you work at this occupation?
12 Years
Please indicate your area of expertise, experience and/or education:
Currently work as Commercial Underwriter w/loan officers which include responsibilities of monitoring overall comm.
loan activity and determining the degree of risk involved. Manage a portfolio exceeding $400MM and property values in
excess of $60MM. Additional responsibilities include financial analysis and narrative presentation of commercial loan
requests. Previous employment included Asset Manager for Woolbright Development which included daily oversight of
Commercial Properties. Have a great understanding of Commercial Real Estate and Financing.
Do you reside within the Boynton Beach city limits? (' Yes
(i" No
Do you own/manage a business within the Boynton Beach city limits? (' Yes (i" No
If "yes", name of business:
Have you ever served on a City of Boynton Beach Advisory Board? (' Yes (i" No
If "yes", what board? I
What dates did you serve on the board?
Please list any professional memberships:
. You may attach your most current resume to this application'
Completed applications can be sent to:
City of Boynton Beach
CITY CLERK'S OFFICE
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
E-mail to:prainitoj@bbfl.us
2
- 26-
1042 N.W. &h Avenue' Boynton Beach, FL 33426. Home: (561) 756-0020. email.jasonblock1@hotmail.com
Jason I. Block
Professional Objective:
Work Experience:
March 2008 - Present
Julv 2007 - February 2008
To obtain a position of growth and development potential where my skills and
experience in real estate and finance can be fully utilized and enhanced.
Orion Bank. Palm Beach Gardens. FL
Assistant Vice President Credit Officer (Special Assets Officer)
. Working on distressed assets team to strategically place and restructure
assets.
. Developing existing and establishing new customer relationships,
responsibilities include monitoring overall commercial loan activity and
determining the degree of risk involved in extending credit i.e. renewing or
extending matured loans, performing annual loan reviews, site visits, data
collection, problem loan reports and assisting customers with concerns or
issues. Managed a portfoliO exceeding $400MM.
. Responsible for financial analysis and narrative presentation of new and
existing commercial loan requests. Loans underwritten include but are not
limited to income producing properties, land acquisition and development,
commercial builder lines, and business lines of credit. Additional experience
in specialty real estate including hotels, medical centers, mini-storage
facilities non-profits, golf courses, and service stations.
. Assisted in the valuation process and negotiations in asset sales. This
included calculating IRR and future returns for potential note buyers.
. Responsible for training new credit analysts, reviewing Junior Analysts work
before distribution, and managing the department workflow for the East
Coast Lending Team. Financial analysis includes spreading corporate and
personal financial statements, discounted cash flows, identifying trends,
reviewing appraisals, preparing cash flow projections (including UCA), and
identifying sources of loan repayment.
Woolbriaht Development. Inc. Boca Raton. FL
Asset Manager I Analyst
. Primarily responsible for the underwriting, due diligence and closing of
commercial real estate deals, including the acquisition of existing properties,
redevelopment of distressed real estate and development of new product.
Also accountable for managing a 1.8 million square foot retail/office portfolio
of existing properties valued at $500M. Additional highlights include:
. Provided strategic planning for current real estate assets and monitor
asset performance relative to proforma.
. Read and abstracted leases to populate the proforma models in Excel
and ARGUS.
. Negotiate tenant lease renewals and lease modifications for existing
tenants to create value-add opportunities.
. Define goals, guidelines and approval for all project areas as well as
budgets for operations, leasing and development.
. Served as team-lead in facilitating the execution of business plans
through coordination with Leasing, Property Management, Accounting,
Construction, Entitlements and Marketing in an effort to maximize returns.
. Interacted with property managers, leasing agents, lenders, and partners
to come up with plans for the properties.
- 27-
March 2005 - June 2007
Mav 1999 - March 2005
December 2005:
December 2001:
Skills:
Apartment Realty Advisors. Boca Raton. FL
Investment Analyst
. Responsibility to create the complete marketing and listing packages for
individual as well as multi-asset sales packages, often with values in excess
of $500M.
. Involved in the financial analysis, marketing and sale of over $6 billion in
multifamily and mixed-use real estate assets, each with market values from
$10 million to well over $100 million
. Performed detailed real estate cash flow analysis through the use of
discounted cash flow studies, leveraged and un leveraged IRR analysis, cash-
on-cash returns, pro forma projections and direct capitalization models.
. Coordinate multi asset property due diligence and closing items for multiple
locations with buyers and sellers on property listings.
. Composed nationally published articles based on market conditions.
. Assisted in the entire analysis and marketing process of the company's
disposition and equity sourcing assignments including financial underwriting,
graphical presentations, buyer/seller interaction, due diligence material
coordination, and extensive writing of physical property characteristics, area
economic conditions, and geographical/demographic attributes
. Market research - including rental surveys, sale comparables, property tax
analysis and condo conversion analysis.
J.D. Block Services. Inc.. Ft. Lauderdale. FL
Property Analyst
. Composed written materials for marketing and listing packages.
. Prepared detailed cash flow analysis for commercial investment properties
and development opportunities (ARGUS and Excel Based).
. Coordinated due diligence and closing items with buyers and sellers on
property listings.
. Negotiated new listing agreements with potential clients.
. Underwrote loan packages for commercial assets for GE Capital.
. Performed specific market and property studies for JP Morgan, Gables
Communities, JPI, Brothers Property and several other small
developers/owners. This included financial analysis on whether to dispose of
the asset as well as construction vs. cost analysis on weather to renovate.
. Market research - updated rent surveys, sale com parables, expense
databases, property tax analysis and condo sales and conversions.
. Assisted in the liquidation of the remaining assets of Atlantic Gulf
Communities Corporation.
. Performed site analysis and identified new site locations branch sites for
National Bank customers in South Florida.
. Assisted in the day-to-day property management operations for investment
properties (apartment buildings, shopping centers and office bUildings) as well
as involvement in management of turnaround situations for income properties
and development situations.
. Abstracted leases for new property acquisition and dispositions.
. Assisted in developing workout strategies for problem properties
Florida Atlantic University
. Bachelors Degree of Business Administration
Palm Beach Community Colleae
. Associate of Arts Degree
Proficient in all aspects of computers including detailed experience in the following
software packages: Windows 2007/XP, Microsoft Office 2007, Adobe Photoshop,
Adobe In-Design, Adobe Illustrator, Adobe Acrobat, ARGUS, Crystal Reports,
Tenant Pro (Property Management Software), QuickBooks, Proficient in Property
Research over the Internet, Act Database, REA, Multiple Listing Service (MLS).
References upon request
- 28 -
C{J?J<;11C.~;'-V
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CITY OF BOYNTON BEACH -<;1 ~
HISTORIC PRESERVATION AD HOC COMMITTEE APPLICATION
'"",.
Thank you for your interest in serving on the City's Historic Preservation Ad Hoc Committee and for taking the time to fill
out this form. Please print or type all answers clearly. If instructions are not followed or the application is not filled out
in its entirety, the form will be returned for clarification,
Name IGaYIOrd Allan Hendricks
Address 1122 S. E. 4th Ave,
City
I Boynton Beach
State IFL
Zip Code 133435
E-mail Addressalian@cwiassoc.com
Current occupation, or, if retired, prior occupation ILandscape Architect
How long did you work at this occupation?
17 years
Please indicate your area of expertise, experience and/or education:
Land Planning, Landscape Architecture, Community Building & Community Safety Projects,
Do you reside within the Boynton Beach city limits?
(NO'
Do you own/manage a business within the Boynton Beach city limits? r. Yes
r. Yes
(No
If "yes", name of business: IGaYIOrd Allan Hendricks Consulting
Have you ever served on a City of Boynton Beach Advisory Board? ( Yes r. No
If "yes", what board? I
What dates did you serve on the board?
Please list any professional memberships:
American Society of Landscape Architecture
. You may attach your most current resume to this application'
Completed applications can be sent to:
City of Boynton Beach
CITY CLERK'S OFFICE
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
E-mail to: prainitoj@bb1lus
2
- 29-
HISTORIC PRESERVATION AD HOC COMMITTEE
Page 1 of 1
" .
Prainito, Janet
From: Allan Hendricks [Allan@cwiassoc,com]
Sent: Tuesday, September 29,200910:07 AM
To: Prainito, Janet
Subject: HISTORIC PRESERVATION AD HOC COMMITTEE
Attachments: H istoric_ Preservation_Ad_ Hoc_Committee _Application, pdf
Please find attached my application for this ad hoc committee,
If you need any further information on my qualifications, please let me know,
<: <:H istoric _Preservatio n_ Ad_ Hoc_Committee _Appl ication, pdf> >
Regards,
G. Allan Hendricks, R.L.A.
Florida License #LA6666974
http://www.linkedin.com/pu b/1 0/a23/625
Attached files are in formats which can be altered by the user, Therefore, no guarantee can be made as to the
validity of the data contained within the attached files, Opening these files constitutes your acceptance of the
following terms and conditions: Any reuse of the attached data will be at the user's sole risk without liability or
legal exposure to Caulfield & Wheeler, Inc., and user shall indemnify and hold harmless Caulfield & Wheeler, Inc.
from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from using this
data.
9/29/2009
- 30 -
11-0 /' ..
LUl. C(fJtt,j1W~
a.? '1(llif'
CITY OF BOYNTON BEACH (v"!./: tlZl-V.
HISTORIC PRESERVATION AD HOC COMMITTEE APPLlCATION;:{ t .
Thank you for your interest in serving on the City's Historic Preservation Ad Hoc Committee and for taking the time to fill
out this form. Please print or type all answers clearly. If instructions are not followed or the application is not filled out
in its entirety, the form will be returned for clarification.
Name IAyesha Henry
Address 1660 Renaissance Commons Boulevard Apt. 2424
City IBOynton Beach
E-mail Addressayesha.henry@yahoo.com
State IFL
Zip Code \33426
Current occupation, or, if retired, prior occupation Isales Associate
How long did you work at this occupation?
11 month
Please indicate your area of expertise, experience and/or education:
Ip"liO Re'''o",
Do you reside within the Boynton Beach city limits?
l NO~~
Do you own/manage a business within the Boynton Beach city limits? l Yes '11 le No
le Yes
If "yes", name of business: I
Have you ever served on a City of Boynton Beach Advisory Board? l Yes le No
If "yes", what board? I
What dates did you serve on the board?
Please list any professional memberships:
:J>>
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. You may attach your most current resume to this application'
Completed applications can be sent to:
City of Boynton Beach
CITY CLERK'S OFFICE
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
E-mail to:prainitoj@bbfl.us
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- 31 -
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CITY OF BOYNTON BEACH 7.'l Ad rr .
HISTORIC PRESERVATION AD HOC COMMITTEE APPLlC~N
Thank you for your interest in serving on the City's Historic Preservation Ad Hoc Committee and for taking the time to fill
out this form. Please print or type all answers clearly. If instructions are not followed or the application is not filled out
in its entirety, the form will be returned for clarification.
Name ISteven Holzman
Address 1206 West Ocean Ave.
City IBoynton Beach
E-mail Addressstevenholzman@gmail.com
State IFL
Zip Code 133435
Current occupation, or, if retired, prior occupation IAttorney
How long did you work at this occupation?
Ie years
Please indicate your area of expertise, experience and/or education:
I received a JD in 2003 and a Finance degree in 2000 from the University of Florida. For the past 6 years, I have
worked as an attorney in South Florida.
I \lfl }(V
(i" Yes 641J1NO
Do you reside within the Boynton Beach city limits?
Do you own/manage a business within the Boynton Beach city limits? (' Yes (i" No
If "yes", name of business:
Have you ever served on a City of Boynton Beach Advisory Board? (' Yes (i" No
If "yes", what board? I
What dates did you serve on the board?
Please list any professional memberships:
IFlO",' eO'
. You may attach your most current resume to this application'
Completed applications can be sent to:
City of Boynton Beach
CITY CLERK'S OFFICE
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
E-mail to:prainitoj@bbfl.us
2
- 32 -
Page 1 of 1
Prainito, Janet
From: steven holzman [stevenholzman@gmail.com]
Sent: Wednesday, September 23, 2009 8:24 PM
To: Prainito, Janet
Subject: HISTORIC PRESERVATION AD HOC COMMITTEE
Attachments: H istoric_Preservation_Ad_ Hoc_Committee _Application. pdt
Attached, please find a copy of my application to serve on the ad hoc committee. Please let me know if
you have any follow up questions.
9/24/2009
- 33 -
CITY OF BOYNTON BEACH
HISTORIC PRESERVATION AD HOC COMMITTEE APPLICATION
Thank you for your interest in serving on the City's Historic Preservation Ad Hoc Committee and for taking the time to fill
out this form. Please print or type all answers clearly. If instructions are not followed or the application is not filled out
in its entirety, the form will be returned for clarification.
Name IEric D. Jones MBA
Address 13360 E. Atlantic Dr.
City IBOynton Beach
E-mail Addresshoverjones@aol.com
State I FL
Zip Code 133435
Current occupation, or, if retired, prior occupation Supervisor for Home Depot, Lake Worth location
How long did you work at this occupation?
113 years.
Please indicate your area of expertise, experience and/or education:
I have over 30 years of experience in historic home repair/ renovation/ and restoring, many of those in the Chicago
area where there is a wealth of historic properties. I have been here in Florida for about 8 years working for Home
Depot and as a home repair person. I have participated in some of my company's programs where the corporation has
granted monies to various causes. I am currently earning a master's degree in legal studies to add to my MBA in
management and desire to lend my knowledge, experience and education to th; ~rment of Boynton Beach.
Do you reside within the Boynton Beach city limits? Ie Yes (' No ~ ~,~ .
Do you own/manage a business within the Boynton Beach city limits? (' Yes Ie No
If "yes", name of business:
Have you ever served on a City of Boynton Beach Advisory Board? (' Yes Ie No
If "yes", what board? I
What dates did you serve on the board?
Please list any professional memberships:
I am a associate member of the American Bar Association.
. You may attach your most current resume to this application'
Completed applications can be sent to:
City of Boynton Beach
CITY CLERK'S OFFICE
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
E-mail to:prainitoj@bbfl.us
2
- 34 -
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Page 1 of 1
Prainito, Janet
From: Hoverjones@aol.com
Sent: Friday, October 02,20093:37 PM
To: Prainito, Janet
Cc: Hoverjones@aol.com
Subject: Application for Historic Dis. ad-hoc commiteel From Eric D. Jones MBA
Attachments: filled out application for historic preservation board.pdf
Greetings,
Please find attached my application for the Historic Preservation ad-hoc committee. I can be contacted by
phone if needed at this e-mail address or by phone at 561-312-5305. I look forward to the opportunity to serve
our community.
Thank you,
Eric D. Jones MBA
10/5/2009
- 35 -
e'~HU~''';~-<----
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CITY OF BOYNTON BEACH :7 dX:t?r~
HISTORIC PRESERVATION AD HOC COMMITTEE APPLICATION
Thank you for your interest in serving on the City's Historic Preservation Ad Hoc Committee and for taking the time to fill
out this form. Please print or type all answers clearly. If instructions are not followed or the application is not filled out
in its entirety, the form will be returned for clarification.
Name IJOhn E McGovern
Address 12620 Spiceberry Lane
City IBoynton Beach
E-mail Addressjohn-mcgovern@att.net
State IFL
Zip Code 133436
Current occupation, or, if retired, prior occupation IAdministrator - State of Florida - Department of Elder Affairs (Broward)
How long did you work at this occupation?
!recently appointed
Please indicate your area of expertise, experience and/or education:
PhD in Administration (Fordham) with a specialization in Not-For-Profit Administration from the University of Notre
Dame Graduate School of Business. Founder of the not-for-profit Connecticut Federation of Parents (1991). Founder
of the not-for-profit Abuse Survivors Network recognized in the 2003 1Nh0's 1Nh0 in Management. COO (1989-1992)
FACS (Foundation for the Advancement of Catholic Schools). Grant writer for the Florida not-for-profit Friends of
Abused Children. President of the not-for-profit VOTF (Voice of the Faithful) Catholic advocacy group.
Do yo" ""id, _;ot", Boy,,"," Beao" 0" Urn"? (i y'-1. r No
Do you own/manage a business within the Boynton Beach city limits? rYes le No
If "yes", name of business:
Have you ever served on a City of Boynton Beach Advisory Board? le Yes r No
If "yes", what board? 1 Library Advisory Board
lNhat dates did you serve on the board? !currently
Please list any professional memberships:
C)
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. You may attach your most current resume to this application'
Completed applications can be sent to:
City of Boynton Beach
CITY CLERK'S OFFICE
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
E-mail to:prainitoj@bbfl.us
x-
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- 36 -
Executive Summary
John McGovern is an exceptional executive with a proven reputation and record of
accomplishments. A few of the hallmarks of McGovern's executive career include his
comfort level with taking charge and motivating others, his preference for directing others
to work as a team to "get the job done" rather than doing the job himself, his preference
for new initiatives, and his ability to openly express his opinions in a clear and convincing
manner and thus lead others to get involved early in the course of events - thus
becoming a contributing member of the new initiative. As ~Iis references attest,
McGovern's many years of successful executive leadership experience, mainly in the
education sector as either an academic administrator (Principal) or system administrator
(School Superintendent), have involved his being the leader in several new initiatives -
including his most recent administrative position with Florida State Courts where he was
the first hired to structure and develop the role of Education Consultant to a Chief Judge.
More recently he was hired to develop the Broward County (FL) Program Office of the
Long Term Care Ombudsman Program (L TCOP) in the position of DaM (District
Ombudsman Manager) with special emphasis on expanding volunteer recruitment and
developing collaborative relationships with community organizations.
McGovern was twice hired to initiate major restructuring efforts and thus has earned the
professional reputation for successfully leading change efforts involving the empirical
gathering of both quantitative and qualitative data to demonstrate current practices, and
the clear delineation of the major components of the new initiative designed to move the
organization into a new, improved organizational status.
His professional experiences in the not-for-profit / education sector have demonstrated
his abilities in the areas of volunteer recruitment, training and retention; his abilities in the
area of grant research, proposal writing and successful funding of new initiatives with
foundation support have contributed to his success in organizational development. His
years of pastoral experience in ministry have led him to be considered a "servant leader"
who "puts people first" and moves people toward accomplishing the mission of the
organization. His many years of helping others whose lives were beset with misfortune
have earned him the reputation of humanitarian; he has been instrumental in this way in
a variety of local, national and international settings including a "life changing"
opportunity of directing refugee resettlement efforts during the 1995 post-Rwandan
genocide in Africa.
Tolerant, l1exible, intuitive, theoretical, reflective, challenging, analytical, detached and
contemplative are essential aspects of McGovern's personality which have led him to live
by the axiom "The unexamined life is not worth living" and encouraging others to
maximize their potential both personally and in the service of others.
- 37 -
JOHN E. MCGOVERN
2620 Spiceberrv Lane, Boynton Beach, FL 33436 . Phone: 561-736-5568 . iohn-mcgovern@att.net
OBJECTIVE
Executive position where my operations, facilitation, training and development, change management,
communications and leadership skills can be used to leverage superior, bottom-line results for a
progressive growth-oriented organization.
PROFILE
Highly motivated, results-oriented leader with extensive experience in improving operational effectiveness
and organizational development, communications, team leadership and training and development.
Possesses outstanding record of achievement with advanced skills in:
. budgeting organizational development
· project management presentations/proposals
· strategic planning human capital management
· program development training and development
. multicultural environments learning organization
· change management
. communications
. cross-functional teams
. labor relations
. not-for-profit management
HIGHLIGHTS/ ACCOMPLISHMENTS
Proven results-oriented, value-centered executive leader experienced in strategic planning, not-for-
profit administration, human resource management, boardlleadership development, labor relations,
fund development, "start-ups" / new initiatives and leadership training.
Led policy development initiatives at national and international organizations meeting critical human
needs and services.
Served in leadership roles in various community and not-for-profit entities
PROFESSIONAL EXPERIENCE
STATE OF FLORIDA 1999 - present
FLORIDA DEPARTMENT OF ELDER AFFAIRS - LONG TERM CARE OMBUDSMAN PROGRAM
Broward County Chief Administrator - Domestic Ombudsman Manager (DOM) (2008 - present)
Program Director for State Agency (LTCOP) having oversight for 400+ Long Term Care Facilities in Broward
County. Policy Development, Administration, Volunteer Recruitment, Budget Administration, Facility Assessments
FLORIDA STATE COUTRS 15TH CIRCUIT, Palm Beach County, FL Director of Education (2007-2008)
Designed and managed new Diversity Training Program for all court employees and jUdges. Author of
funding proposals for program development. Collaborated with School Districts and developed new
curriculum for students.
Child Advocate - Florida Guardian ad Litem Program (1999-2007): Served as a court appointed Child
Advocate for more than 500 abused, abandoned and neglected children. Offered judicial testimony to
juvenile jUdges regarding permanency decisions for children. Assisted with volunteer training for case
management tasks. Liaison with agencies focused on meeting the emergency needs of children.
THE CONGREGATION OF HOLY CROSS EASTERN PROVINCE, New Rochelle, NY 1995 -1999
Director of EducationNice President for Administration: Managed personnel policy development and
staff training development for Boards of Trustees of educational foundations under the sponsorship of Holy
Cross.
THE NATIONAL CATHOLIC EDUCATIONAL ASSOCIATION, Washington, D.C. 1992 -1995
Public Policy Analyst: Reported to the executive leadership on matters of research and policy
development. Researched and authored publications benefiting member organizations. Prepared and
delivered major presentations at regional, national and international education congresses. Prepared
policy papers for lobbying efforts.
THE CATHOLIC ARCHDIOCESE OF HARTFORDI 1985 - 1992
SYRACUSE CATHOLIC DIOCESE, Hartford,CT/Syracuse, NY
Superintendent of Schools: Served as the Chief Executive Officer responsible for administration of two
large school systems and their restructuring challenges. In addition, acted as the Chief Negotiator for all
collective bargaining contracts for the school systems. Advancement / Development / Endowment work.
EDUCATION / ACHIEVEMENTS
PhD, ED Administration/Organizational DevelopmenULeadership, Fordham University, New York, NY
M.A., Administration/Human Resource Leadership, Fairfield University, Fairfield, CT
B.A., English Literature/Classical (Latin/Greek) Literature, Stonehill College, N. Easton, MA
- 38 -
. Languages: Fluent in English and French. Spanish and Italian - Read only.
· Various Leadership Development courses and workshops.
. Recipient of awards and recognition for professional achievements.
Professional Accomplishments
SKILL: ANALYZE
1 ) CIRCUMSTANCE: In being appointed as Superintendent of Schools in Syracuse I
was charged with the task of planning for the overall improvement of curriculum
with the additional concern of rebuilding enrollment and operating a more cost
efficient system. Students were leaving the schools in large numbers at the
middle school years in favor of going to public schools which were perceived as
having stronger programs (especially in foreign languages, science and math). In
addition, the system was faced with the reality that the option to improve
curriculum at every existing school would have cost more money; the challenge
was to "do more with either the same or fewer dollars." A comprehensive analysis
of the budgets of 140 entities needed to be undertaken to support the proposals.
ACTION:
(1) Designed a planning process whdl brought together the key decision makers
from four cluster areas (geographical) for the purpose of studying the planning
document which laid out the parameters of the planning process which
included review of relevant financial data.
(2) Set a schedule of meetings across a period of one planning year and
personally attended all meetings for the purpose of hearing the concerns and
proposed solutions pertaining to how to improve the instructional program and
conserve financial resources.
(3) At the end of the planning year received the recommendations of each cluster
planning group on the best methods of consolidation and planning.
(4) Based on the foregoing devised a financial plan which established the formula
for how new financial resources would be acquired and utilized.
RESULT: Enrollments were stabilized at the lower grades and $3M in new
revenues were created in support of a "system of schools." The creation of the
PRE-K programs became both a source of revenue as well as a service to
community (where daycare was at a premium). The estimated savings to the
system was $12M per year with additional revenues generated resulting from
higher student retention rates being realized.
SKILL: DEVELOP
- 39 -
1) CIRCUMSTANCE: When the FL Supreme Court mandated that every judge and
court employee had to receive a six hour program in Diversity Training, the task
was given to me to design and implement a program to meet this objective. After
consulting with a select group of consultants with expertise in this issue area, I
received proposals and then crafted a program to meet our particular needs for
the 300 employees in the 15th Circuit.
ACTION:
1. Researched model programs and consulted with other Florida Circuits for what
others were proposing to do with this program mandate.
2. Wrote six RFPs to consultants who had experience in the field of diversity
training.
3. Received responses from all consultants and wrote summary report for key
decision makers in the 15th Circuit
4. Conducted meetings with Chief Judge and panel of judges to review proposals
and selected the one consultant who had both a substantive proposal and cost
within budget.
5. Wrote proposal for external funding of program which resulted in full funding
and savings of $1 OOK to local circuit. Scheduled seven training sessions after
funding was received.
6. Designed an evaluation instrument which was completed by each participant
in order to evaluate the results in comparison to the goals of program.
RESULT: Based on the formal evaluation of participation in this experience, the
majority stated their perceived "value" of the training experience. No price can be
placed on the various points of awareness realized from this training experience.
If a dollar sign ($) needed to be placed on the value of this exercise it would be in
prevention and risk management by creating a more sensitive workforce and a
new emphasis on customer service.
SKILL: NEGOTIATE
1) CIRCUMSTANCE: Collective bargaining and contract administration was a
constant part of my professional experience in just about every professional
position I held. I either directly negotiated contracts or advised boards on
effective negotiations strategies.
ACTION: Having a well negotiated contract is an important element in the
efficient and effective running of an organization; however, the correct and proper
administration of each contact is an even more important aspect of employee
- 40-
1
~'11t~
a
CITY OF BOYNTON BEACH d,~
HISTORIC PRESERVATION AD HOC COMMITTEE APPLlCAtlfOltt- 71'
Thank you for your interest in serving on the City's Historic Preservation Ad Hoc Committee and for taking the time to fill
out this form. Please print or type all answers clearly. If instructions are not followed or the application is not filled out
in its entirety, the form will be returned for clarification.
~
Name
Cl..;rr NJ'N1irass
1/)9 S.Id. 18111 .dAee7
/JD}'N1iN 13c,9e.A StateIFL,n!;
Zip Code I .13 'I ~ ~
Address
City
'.
E-mail Address
Current occupation, or, if retired, prior occupation I RG 1i~~P
$O/ifeAS~7" o.lf,AIN SAa/,FF /),?,7. .. N,J:
How long did you work at this occupation? I IS Y elf" SO - R~711W
1'A1M..N~.cI.' 7c/,,-J..,.. ~... ,~o)'A" Re~ '4N7J'1'''I)
Pie se indi~ate your are~ of expertise, experience and/or education: MlMI.I~.t / ~Ud/Vl'frN7''' R'YRJ- *
:1.# w}.III II ='..0- f"),1~7,e:. . ~
ftin;1f, ;r,. Jki,~"r j)~7: 9l &M/7} AS.fDtZ/APM
~~ ye/l/t.S'. )I.~ BeJ.J. ~/e~ t10. ,',
PlAIf' IJt,A?-/J,ltflll)/.#II,f>,ft;Alj" A;o~ ~ f!~~C/fdlAI ~7. - Jl&/fUJ lI!tfa ~'p~.
Do you reside within the Boynton Beach city limits? K Yes r No
Do you own/manage a business within the Boynton Beach city limits? r Yes X No
If "yes", name of business:
Have you ever served on a City of Boynton Beach Advisory Board? rYes )(NO
If "yes", what board? I
V\lhat dates did you serve on the board? I
Please list any professional memberships:
. You may attach your most current resume to this application'
Completed applications can be sent to:
City of Boynton Beach
CITY CLERK'S OFFICE
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
E-mail to:prainitoj@bbfl.us
ZS :Z Wd S-130 60
);JI:l.:H.l S. ~;r1l:J HI:)I
\.KJ\f!lSHD1KiCl9 J(' ,lil.-
2
- 41 -
Clifford Montross
109 SW 18'" Street
Boynton Beach, FL. 33426
Te/e: H (561) 369-3650, C (561) 236-9107
EDUCATION:
High School, attended Rutgers University
US Navy - w.w. II & Korean War
Rutgers University
Courses in Government Operation
a. Tax Assessor Course
.,
b. Fundamentals of Planning and Zoning
c. Zoning Administration
d. Legal Aspects of Planning and Zoning
e. New Jersey Land Use Law
CLUB AND CIVIC AFFILIATION:
Commander American Legion Post #293...... ... ............ ... ....
(member - 50 years)
Zoning Administrator- Warren, NJ ...... .._... ...... ... ... __. ... .__...
Member Planning Board of Warren, NJ ...... ...... ......... ...... ...
Chairman Campaign Committee - Republican .....................
Vice President Township Republican Club ............ ... ...........
County Republican Executive Committeeman .....................
Member & Treasurer Township Board of Health... .. . ... . .. ... ....
Elected - Township Committee (Le., Commissioner) ......... ....
4 years
13 years
13 years
2 years
3 years
20 years
6 years
5 years
WORK RECORD AND EXPERIENCE:
SOMERSET COUNTY SHERIFF'S DEPARTMENT... ... ... ... ...... _.. 15 YEARS
Title: Jury Manager - 5 years
Duties consisted of: ,
a. Plan, Implement and Manage - New Jury Management Department
b. Supervise all phases of Jury r~lated activities, Questionnaires,
Summoning, movement in courts, payment for service and all record
keeping and reports.
Title: Superintendent - Bureau of Identification - 3 years
Duties consisted of:
a. Supervise and Management of Identification Bureau
b. Plan and Implement Computerization of Department
c. Re-organize and expand; Crime Scene and Investigation Unit to
implement the needs of all Municipal Police Departments in County.
d. Organize and Implement County Child Finger Printing Program.
- 42-
Title: Undersheriff - 7 years
Duties consisted of:
a. Supervision and Management of County Sheriffs Department
b. Court related activities
c. Supervision and control of prisoners
d. Movement and maintenance of prisoners
e. All other responsibilities assigned by New Jersey statues or the
courts
NEW JERSEY BELL TELEPHONE COMPANy....................... 20 YEARS (retired)
Title: Commercial Representative - 3 years
Title: Frameman - 10 years
Duties consisted of:
a. Wiring of central office telephone equipment.
Title: Installer - 5 years
Duties included:
a. Installation, moving, and repairing of telephone equipment at
customer locations, both in the private and in businesses.
Title: Lineman - 2 years
Duties included:
a. Splicing, outside construction of telephone poles, cables and
associated equipment.
WORK RECORD AND EXPERIENCE:
ZONING OFFICER -WARREN TOWNSHIP - PART TIME ............13 YEARS
Duties included:
a. Enforcement of zoning ordinance, and the enforcement of other
township ordinances and Codes as assigned to me by the Mayor
and the governing body. also supervision and management of
applications and permits in the Building Department.
b. Other ordinances that were enforced; codes governing inoperable
vehicles, nuisances codes, occupancy permit codes, site plan
ordinances which included me review and supervision of
construction on commercial, professional and industrial buildings.
CONSTRUCTION (CARPENTER) ......... ............ ...... ......... ....... 6 YEARS
a. Building of residential homes
b. Remolding of residential homes.
MILITARY POLICE DUTY (Full-time in New York City. Union City and Bavonne. NJ)
Duties consisted of patrol and enforcement of laws in connection with
the Uniform Military Code of Justice.
CM/tm 09/09
- 43 -
(! MJvnv<-.~~MU
fi-r, ~.
CITY OF BOYNTON BEACH a 14 ,-
HISTORIC PRESERVATION AD HOC COMMITIEE APP~ATI N
Thank you for your interest in serving on the City's Historic Preservation Ad Hoc Committee and for taking the time to fill
out this form. Please print or type all answers clearly. If instructions are not followed or the application is not filled out
in its entirety, the form will be returned for clarification,
Name I 'B ~~ ~~ 5''''1- 73'-f- 3blfb
Address I ~~ ~ 5. W. 1'"3 Av,o.
City 1130r~~D--c.l-... State IFL Zip Code I 33'-f3l)
E-mail Address {,'ve- rl' ~ @ ~".p. ~
Current occupation, or, if retired, prior occupation I ~~~
How long did you work at this occupation?
~~s
Please indicate your area of expertise, experience and/or education:
h4.V'(.tlF)M.. ~~f€->1~.'v~ ~~cJt. trn ~(,sterlc t:res.erv~ j trlrM f+'; r:~fo
Fr~, ~ O~~ 1. be~ ~ wl.-LI be- 4-/'-le.. 1'0 ~r..j f'~ esfo.l:>/t~
a.. ~~,J H,ff/1YfC Preser.v~ i'~ fJ..A:t 1.u;,L{ U\Crees.e (1ff'I'" fyO~ty v~S)
(J.ht.t[ .~r-DVe tUl."- 'i1LA/l.."9 "f life.
Do you reside within the Boynton Beach city limits? J<Yes r No
Do you own/manage a business within the Boynton Beach city limits? rYes j:><No
If "yes", name of business: I
Have you ever served on a City of Boynton Beach Advisory Board? f)<fes
If"VA!:" wh"thn"rrl?l Art if f'u4!/~ ~;;'ce; B:-/s ~~ft1':' ~
What dates did you serve on the board? I AI Pf '0'_ pre~ j E A l3
Please list any professional memberships:
rNo
J..- a.v..{:.r~J..,lljiir7fdNi.s4 dj)-o(.
(5~ tk-Mt ~ff..ukf:3
fre~"G..iv, ;Jlr~ce of ~ C~ ) ~r S",,:,e-fk 1;os.s; CCt.o..'-r Arts ~.;
1Jo~~ (t1uf-&r tPlL..-.. St~.er~/ ~~~; ~fl ~-f,~ I1'fLif C!.~1:/e.t.
. You may attach your most current resume to this application.
Completed applications can be sent to:
IS :01 WV 8Z d3S 60 City of Boynton Beach
CITY CLERK'S OFFICE
J:iJ.:L:lU S"::',,,,/.i:J HI~ ~ 100 E. Boynton Beach Blvd.
H1)V38 NOt~ ,,\ ,}6 .KJA1tJ Boynton Beach, FL 33435
E-mail to:prainitoj@bbfl.us
2
- 44-
C~.A.-~
():z, 'IJ4. '
CITY OF BOYNTON BEACH 7J' -~
HISTORIC PRESERVATION AD HOC COMMITrEE APPLICATION ~ t1-tt%~
Thank you for your interest in serving on the City's Historic Preservation Ad Hoc Committee and for taking the time to fill
out this fonn. Please print or type all answers clearly. If instructions are not followed or the application is not filled out
in its entirety, the fonn will be returned for clarification.
Name Stabile, Linda
Address 3811 Wall Street
City
Delray Beach
State FL
Zip Code 33483
E-mail AddressLLSTABILE@GMAIL.COM
Current occupation, or, if retired, prior occupation Retired College Professor
How long did you work at this occupation?
28 Years
Please indicate your area of expertise, experience and/or education:
Active as a historic preservationist, an art advocate, and a "green" advocate since my retirement. During my
employment: (1) was a college professor and held leadership roles as originator/coordinator of four diverse programs;
(2) was a research associate writing proposals and participating in grant studies; (3) served as a police officer in
Washington, D.C.; and (4) was a secondary school teacher. See resume for Awards and Publications. M.S.+ degree.
Do you reside within the Boynton Beach city limits?
Yes
. No
Do you own/manage a business within the Boynton Beach city limits?
Yes
. No
If "yes", name of business: Boynton Beach intends to annex our side of North Old Dixie Highway.
Have you ever served on a City of Boynton Beach Advisory Board?
Yes
. No
If "yes", what board? I have been friends with many members of the Arts Commission during the past few years.
What dates did you serve on the board? N/A
Please list any professional memberships:
Note the various Training Courses and Certificates.
. You may attach your most current resume to this application'
Completed applications can be sent to:
City of Boynton Beach
CITY CLERK'S OFFICE
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
E-mail to:prainitoj@bbfl.us
S I : II WV fJ I d3S 60
~31 ~ JQ s. ;';~i~nc' ,U1J')
,-. ,. '.n . y '. "'"
H ~e Nt nUUil aD . .;"i
- 45 -
Linda Stabile
3811 Wall Street
DeIray Beach, FL 33483
561-734-6386; 561-665-0341
LLStabile(Q)(!mail.com
~~
~~~
~~
'1
EDUCATION:
The American University, 1979, ADD, Government and Public
Administration.
The American University, 1974, M.S., Administration of Justice.
Towson University, 1968, B.s., English with minors in Education
and Sociology.
VOLUNTEER ACTMTIES:
2008-PreseDt
"GreeD" Advocate
South Florida
*Researched "green" issues.
* Attended presentations by Mary Jo Aagerstoun (2009) and Michael Singer (2008) sponsored by the
Boynton Beach Arts Commission.
*Participated in MoveOn.org Political Action Committee meetings to lobby for "green" jobs in Florida
(2009).
*Toured eartbships outside Taos, New Mexico, while on vacation (2008 and 2009).
.Promoted the concepts that my 1938 Art Deco house was constructed with salvaged materials and that
the property bas xeriscape landscaping and sculptures made from recycled materials.
2004-PreseDt
Art Advocate
South Florida
*Taught five classes (72 children) about the history and style of the Florida landscape artists known as
the "Highwaymen" for the City of Boynton Beach Art in Public Places component of the 2008 Heritage
Celebration.
*Sponsored one of the monthly meetings for the Artists of the Palm Beaches (2008).
* Arranged get-togethers with many south Florida artists and gallery owners.
20OJ-Present
Historie Preservationist
Sonth Florida
.Served as a member of the Preservation Alliance of Palm Beach County. Participated in brain-
storming sessions concerning county-wide support for historic preservation. Designed the Historic
Preservation Awards Application.
.Participated in the Boynton Old School Space activities. Participated in meetings and hearings to
encourage the City of Boynton Beach to renovate the 1927 William Manley King High School for use
as a community art and cultural center. Obtained signatures on a petition to save the high school.
*Became a member of the Art Deco Society of the Palm Beaches. Served as a Board member (Special
Events). Opened my Art Deco home for tours on two occasions. Attended numerous lectures
concerning Art Deco architectme.
- 46-
*Organized a tour of my Art Deco house and eco-friendly sculpture garden for the 31 st Annual
Statewide Preservation Conference sponsored by the Florida Trust for Historic Preservation (2009).
*Gained publicity fur tbe Wenger Art Deco House which was the first private residence to be placed on
the Palm Beach County Register of Historic Places in 2006. Featured in Sharon Koskoff's book Art
Deco of the Pol", Beoches (2007), on HGTV's What's With that House?" (2007) and on WXEL public
television (2006), and in The Palm Beach Post (2006 and 2003), Sun-Sentinel (2006), The Heart of
Delray magB7ine (2006), and Boynton Beach Historical Society's The Historian.
REFERENCES:
Christian Davenport
Palm Beach County Archaeologist
561-233-5331
cdavenpo@pbcgov.org
Debby Coles-Dobay
Public Arts Administrator, City of Boynton Beach
561-742-6026
colesdobayd@bbfl.us
Richard Beau Lieu
Owner, Beau Lieu Studios and Neighborhood Gallery
561-736-8181
beaulieustudios@aol.com
Sharon Koskoff
President, Art Deco Society
561-276-9925
ArtDecoPB@comcast.net
EMPLOYMENT:
1976-2004
Professor. Criminal Justice
Prince George's Community College
Largo, MD
*Served as Coordinator for the Collegiate Center. Recruited students and developed mentoring.
advising. and discipline specific extracurricular activities Oectures, seminars, workshops. and field
trips) for qualified Collegiate Center students. Worked with the Vice President of Instruction, the
Division Dean, the Deparbnent Chair, and faculty members to create and maintain the Criminal Justice,
Forensic Science, and Legal Studies Center. Completed an evaluation ofits effectiveness. Also
designed an informative Web site for all students in these curricula
- 47-
*Developed and implemented an online course. Encouraged other courses to be developed as
distance learning and telecredit options.
*Revised the course content of Law Enforcement and the Community in order that it qualifY as a
college-wide cultural diversity option. Also incorporated community policing and police ethics.
*Designed the corrections curriculum and taught corrections courses.
*Served on the Cross-Cultural Education Advisory Council to establish college-wide policies
that foster cultural pluralism. Explored alternative educational approaches to take into account
individual student differences, learning styles, and rates ofleaming.
* Appointed as an Advisory Board member for the professional journal Readinas in Criminal
Justice: Annual Editions. Guilford, CT: The Dushkin Publishing Group, Inc. (1978-2004).
1986-2000
Coordinator, Criminal Justice, Paralegal, and Forensic Science
Program
Prince George's Community College
Largo, MD
*Scheduled classes. Hired and evaluated full-tUne and adjunct faculty members. Selected
textbooks, library books, and audio-visual aids. Compiled lists of essential laboratory equipment
and supplies. Performed student advisement and counseling.
*Established the Forensic Science Program. Developed the on-campus Criminal Justice Training
Academy that offers entry level training for law enforcement officers.
*Chaired the Advisory Committees and incorporated their recommendations in the criminal
justice, paralegal. and forensic science curricula. Based on their input, revised the Associate of
Arts degree by adding general studies requirements and by developing one-credit specialty
courses as electives.
* Attended Criminal Justice Articulation Task Force meetings comprised of Department Chairs in
Maryland for the purpose of standardizing course titles and descriptions among community
colleges for ease of articulation with programs offered by universities.
*Implemented articulation agreements with various police departments, granting college credit
for completion of recruit training academies. Also issued coJIege credit for work experience
through the Prior Learning Assessment Network program.
*Participated in the Minority Retention Program and served on its Advisory Committee.
1984-1986
Coordinator, Cooperative Education
Prince George's Community CoUege
Largo, MD
* Assisted the Director of Experiential Learning in program planning, development, and
evaluation.
*Served as the liaison between the Office of Cooperative Education and the College's
instructional divisions. Selected, trained, and supervised Faculty Advisors and Faculty Job
Developers. Coordinated student recruitment activities.
*Supervised the day-to-day functioning of the Cooperative Education office. Supervised the
maintenance of all program records.
- 48 -
1974-1976
Research Associate
University City Science Center
Washington, DC
.Participated in a nationwide study funded by Law Enforcement Assistance Administration
directed at improving the traditional preventive patrol function. Developed a state-of-the-art
model in the area of patrol by analyzing various tactics and strategies as to their impact on goals
and objectives. Conducted fact-finding in over 30 law enforcement agencies throughout the
country.
*Participated in a police management survey of3oo departments designed to evaluate the impact
of department size on management practices.
.Undertook research connected with the preparation of proposals.
1969-1974
Police Officer
Metropolitan Police Department
Wasbington, DC
.When assigned to the Police Academy, undertook systems analysis connected with police
academy training and management. Oversaw the development of comprehensive instructional
packets, including programmed texts and media products.
*When assigned to the Morals Division, seIVed as an investigator by supervising and
participating in such techniques as pen registers, wiretaps, and covert photography.
1968-1969
Teacber
Board of Education of Baltimore County
Towson, MD
*Taught seventh-grade English (grammar and literature) at Parkville Middle School.
AWARDS:
2000
1998
International Who's Who of Professionals.
Outstanding Achievement Award for "The Many Faces of
Domestic Violence: A Multi-Cultural Approach" Conference
presented by the Attorney General's and Lt. Governor's Family
Violence Council.
U.S. Secretary's Award for Outstanding Vocational Program for
the Entry Level Police Training Program.
Vocational-Technical Education Award ofExceIIence for the
Municipal Training Academy preserrted by the Maryland State
Department of Education.
MPDC incentive award for a five-morrth gambling investigation.
Letter of Commendation from the us. Attorney's Office for
assistance rendered relative to a gambling investigation.
1990
1989
1971
1970
- 49-
PUBLICA nONS:
1993
"Managing Change: A Comparison of Criminal Justice in China
and the United States," Deoartment of Education Fullbright-Hays
Group Proiects Abroad (result of a five-week TraveVStudy
Seminar).
Co-op Quadran~e. Newsletter Editor, Prince George's Community
College.
"From Minority Recruitment to Professionalization: New
Directions in Criminal Justice," Crime and Justice in America:
Critical Issues for the Future. edited by John F. O'Brien and
Marvin Marcus. New York: Pergamon Press.
National Evaluation ProRTlUll Phase I Report: Traditional
Preventive Patrol. U.S. Department of Justice: Law Enforcement
Assistance Administration.
Training Systems Design for Educational Systems for the Future.
Law Enforcement Assistance Administration.
"New Training Program Developed at Academy," Metro-
Intercom. Metropolitan (D.C.) Police Department (July).
1985
1979
1976
1972
1972
TRAlNING COURSES AND CERTIFICATES:
19%
Online Course Development Workshop, Prince George's
Community College (October-December).
Advanced Law Enforcement Response Technology (ALERT)
Vehicle Preview, Alexandria Police Department (October).
How to Manage Conflict, Anger, and Emotion, Fred Pryor
Seminars (July).
The Impact of Rate in the 20th Century and Beyond, Baltimore
County Police Department (May).
State-wide Triad Conference, Police Training Commission
(March).
Teaching Through Learning Channels Workshop, Performance
Learning Systems, Inc. (June).
Understanding Cultural Pluralism, Prince George's Community
College (January-May).
Crisis IntelVention and Suicide Prevention with Children and
Adolescents, American Healthcare Institute (May).
Criterion Test Item Workshop, Catholic University (June).
Classroom Management Workshop, Dr. Peter Esseff(March).
Training Systems Design. Dr. Peter Esseff (July-August).
Bureau of Narcotics and Dangerous Drugs Seminar (July).
MPDC Training Academy, Washington, D.C. (November-April).
Teaching Certificate for the State of Maryland (July).
2000
1996
1995
1995
1994
1993
1980
1914
1913
1972
1911
1969-70
1968
- 50 -
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PRlNa GEORGE'S
COMMUNITY COlLEGE
301 LARGO ROAD
LARGO. MD ~0774'~199
(301) 336.6000
November 30, 2001
To Whom It May Concern:
It is a pleasure to write this letter of recommendation on behalf of Linda Stabile. As an
employee of Prince George's Community College since 1976, Ms. Stabile has served
the college in a multitude of ways.
During her tenure as a professor in the Criminal Justice program. Ms. Stabile also
served as Cooperative Education Coordinator for two years organizing and expanding
the program. She has been an outstanding classroom teacher and developed a loyal
following of students, many of who have kept in touch as they moved through their
professional careers.
Ms. Stabile's leadership skills were further demonstrated when as the Criminal Justice
program coordinator, she guided in the development and implementation of the Prince
George's Community College Municipal Police Academy. This program received state
and national awards for its uniqueness. quality and success in meeting a real workforce
need for trained police officers in Prince George's County.
In addition to seeing that the Criminal Justice Program Advisory Board was kept
current and reflective of the professional world of law enfurcement, Ms. Stabile worked
closely with fuculty and furensic experts to develop our Forensic Science AAS program
and then the Forensic Studies AS transfer degree program which is fully articulated
with the baccalaureate program at the University of Baltimore.
With over twenty five years of quality teaching and program development. Ms. Linda
Stabile has served as an extraordinarily valuable member of our division and college
family. Please reel free to contact me if! can provide any further information.
.~IY. (
,-_,/~V~--N'~" .
Rose Mary Swartwood. Dean
Business, Management and Technology Division
- 51 -
c ftYCJFel~f '.. ". . .' '. '. '. CITY OF BOYNTON BEACH
CITY c/e/f10~~fttHHISTORIC PRESERVATION AD HOC COMMITTEE APPLICATION
~ 1k-ol-~U
flT. !Llif
~~~
09 OCT tr8a~lJIoefoB1J>ur interest in serving on the City's Historic Preservation Ad Hoc Committee and for taking the time to fill
out this form. I"lease print or type all answers clearly. If instructions are not followed or the application is not filled out
in its entirety, the form will be returned for clarification.
Name jJuan J. Waite
Address 17436 Maple Ridge Trail
City IBoynton Beach
E-mail Addressjwalte@lycos.com
State IFL
Zip Code 133437
Current occupation, or, if retired, prior occupation IJOUrnalist (Reporter, editor) -- Now retired
How long did you work at this occupation?
139 years
Please indicate your area of expertise, experience and/or education:
Jounalism, political science, history. College education. Four-year degree in journalism (Bachelor of Journalism)
Languages (completely fluent in English, Spanish and German)
Do >"'" ",id, _ioth, Boy",O" Bea,h 'i~ limi'" '" Ye, X No IiJ d' tf> 1&...1-
Do you own/manage a business within the Boynton Beach city limits? rYes (i' No
If "yes", name of business: I
Have you ever served on a City of Boynton Beach Advisory Board? rYes le No
If "yes", what board? I
What dates did you serve on the board?
Please list any professional memberships:
While an active journalist was member of the Society of Professional Journalists (SPJ) and the National Asso~tionAt:
Hispanic Journalists (NAHJ) I.D ~..,(
~ -~s:;.
-0 . ~ ':1'
C'
. You may attach your most current resume to this application'
~
.......z
Completed applications can be sent to:
City of Boynton Beach
CITY CLERK'S OFFICE
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
E-mail to: prainitoj@bbfl.lJs
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- 52 -
Prainito. Janet
From: Juan Waite [jwalte@lycos.com]
Sent: Friday, September 11, 2009 11:42 AM
To: Prainito, Janet
Subject: Historic Preservation
Attachments: Historic_Preservation _Ad _Hoc_Committee _App lication. pdt
Regards,
Juan 1. Waite
(56] -733-3944)
Juan 1. Waite
jwalte@lycos.com
"Those who cannot remember the past
are condemned to repeat it."
(George Santayana)
9/14/2009
- 53 -
Page 1 of 1
5. B
ADMINISTRATIVE
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
~ ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Accept the resignation of Lynda H. Frederick, a regular
member of the Golf Advisory Board.
EXPLANATION OF REQUEST: Lynda Frederick has submitted a letter of resignation stating her
reason as health issues.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Golf Advisory Board will have a
vacant position.
FISCAL IMPACT: None
ALTERNATIVES: None
- 54 -
1508 S.W. ih Avenue
Boynton Beach, FL 33426
September 17, 2009
Ms. Janet Prainto
City Clerk
City Hall
P.O. Box 310
Boynton Beach, FL 33425-0310
Dear Ms. Praint:
It is with deep regret that I am tendering my resignation to the Golf Advisory
Board for the City of Boynton Beach.
I have thoroughly enjoyed my years on the Board and the interaction with my
fellow Board members. Unfortuately, due to some health problems, I find I am
unable to participate effectively and feel it is in everyone:s best interest to resign
my place on the Board.
Sincerely.
~)i/~~
Lynda H. Frederick
l r : 11 UV I Z ellS 60
u 3;O,I,;1.:1Q ,; 'itr- .
'laV3ErN{)~l~;'1 ,:i I~J AllJ
rv.,QO .fl">',",
Q .''''/"IiL/:::
- 55 -
5. C
ADMINISTRATIVE
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
~ ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Accept the resignation of John E. McGovern, a regular
member of the Library Board.
EXPLANATION OF REQUEST: John E. McGovern has submitted a letter of resignation stating his
reason as professional responsibilities and other interests.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The Library Board will have a vacant
position.
FISCAL IMPACT: None
ALTERNATIVES: None
- 56 -
John E. McGovern, PhD
September 30, 2009
The City of Boynton Beach
Office of the City Clerk
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Via FAX: 561-743-6090
Dear Ms. Prainito:
In view of a significant increase in the level of my professional responsibilities with
respect to my role within the Florida Department of Elder Affairs coupled with my desire
to continue my current involvement with the early stage development of the Boynton
Not-For-Profit 501 (c)(3) committee work, which is now meeting two times per month, I
find it regrettably necessary to resign my position with the Library Advisory Board.
Furthermore, I remain hopeful for my involvement in the Historic Preservation Board
activities as they are soon to evolve.
I have already indicated this intention to said Board when I attended my last meeting on
September 23, 2009 thus giving the members the opportunity to search for a new
member.
I found the past year to be a particularly good time to have served on the Library Board
contingent on the opening of the expanded Library and the social events which I attended
in conjunction with that happy occasion. Of particular happy memory was the harpist
who performed at the gala event sponsored by the Friends; meeting her resulted in the
Palm Beach County Harp Society performing a concert at our church as they needed a
venue to perform and we were happy to collaborate in making that happen.
- ~
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2620 Spiceberry Lane Boynton Beach, FL 33436
Home: 561-736-5568 Cell: 561-876-6002 Email: John-McGovem@att.net
- 57 -
5. D
ADMINISTRATIVE
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
~ ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Appoint eligible members of the community to serve in
vacant positions on City advisory boards.
EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for
vacancies on the various advisory boards. A list of vacancies is provided with the designated
Commission member having responsibility for the appointment to fill each vacancy.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The boards listed will not be full boards
and may compromise the efficiency of the individual board.
FISCAL IMPACT: None
ALTERNATIVES: Allow vacancies to remain unfilled.
- 58 -
Appointment Length of Term
To Be Made Boa rd Exoi ration Date
I Weiland Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 3)
II Hay Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (tabled 2)
III Rodriguez Cemetery Board Alt 1 yr term to 12/09
II Hay Cemetery Board Reg 3 yr term to 12/09 (Tabled 2)
III Rodriguez Code Compliance Board Alt 1 yr term to 12/09
Mayor Taylor Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2)
I Weiland Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2)
IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/09 (Tabled 3)
Mayor Taylor Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 (Tabled 3)
I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09 (Tabled 3)
IV Ross Library Board Alt 1 yr term to 12/09 (Tabled 2)
III Rodriguez Library Board Alt 1 yr term to 12/09 (Tabled 3)
IV Ross Planning & Development Board Alt 1 yr term to 12/09
II Hay Recreation & Parks Adv. Bd. Alt 1 yr term to 12/09 (Tabled 2)
III Rodriguez Recreation & Parks Adv. Bd. Alt. 1 yr term to 12/09 (Tabled 2)
- 59 -
Last Name First 1st Choice 2nd Choice 3rd Choice
Name
Anton Steve Arts Com
Farrington John Veterans
Commission
McVey Jack Recreation &
Parks
*Scantlan Don Veterans
Commission
* Donald Scantlan is requesting to be moved up from an alternate to a regular member when a vacancy
arises.
5
- 60-
6. A
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Approve the Minutes from the City Commission meeting
held on September 22, 2009.
EXPLANATION OF REQUEST: The City Commission met on September 22,2009 and minutes
were prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida
Statutes provide that minutes of all Commission meetings be prepared, approved and
maintained in the records of the City of Boynton Beach.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? A permanent record of the actions taken
by the City Commission will be maintained as a permanent record.
FISCAL IMPACT: N/A
ALTERNATIVES: N/ A
- 61 -
MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
At 6:30 P.M., ON TUESDAY, SEPTEMBER 22,2009
Present:
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ron Weiland, Commissioner
Jose Rodriguez, Commissioner
Marlene Ross, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
Mayor Taylor called the meeting to order at 6:34 p.m. followed by an invocation given by Vice Mayor
Hay and the Pledge of Allegiance to the Flag.
1. CONDUCTING THE 2nd BUDGET PUBLIC HEARING FOR DISCUSSION OF THE FISCAL
YEAR 2009/10 MILLAGE AND BUDGET**
2. PROPOSED RESOLUTION NO. R09-138 RE: ADOPTING THE FINAL
MILLAGE RATE FOR FISCAL YEAR 2009/10
Attorney Cherof read Proposed Resolution No. R09-138 by title only.
Mayor Taylor opened the issue for publiC hearing.
Dionna Brahs, Vice President of Government Affairs for the Realtors' Association of the Palm Beaches,
spoke regarding the millage rate and thanked those Commissioners who had aggressively attempted to
maintain or lower the current millage rate with deeper budget cuts. All realtors would remain
dedicated to lowering the cost burden of homeownership on taxpayers. She urged the Commission to
consider the residents barely able to survive and who would be greatly impacted by any increase. Her
contention was any tax decrease should be awarded to the individual owner and not unfairly increased
through a higher millage rate. Increases in millage would delay a full economic recovery.
Nancy Hogan, 37 Hibiscus Way, Ocean Ridge and taxpayer within the Community Redevelopment
Agency area, indicated she was a realtor and Certified Public Accountant in the State of Florida. She
expressed her thanks for the efforts of the Commission and City staff to seek a solution to the budget
crisis. All citizens need to work toward recovery including solid real estate, good investments and love
of community. She urged the Commission to maintain the current millage rate.
Allen Hendricks, 122 SE 4th Avenue, thanked the Commission for their service and efforts to reduce
the millage rate. During tough economic times, there are opportunities and he suggested it may be
the appropriate time to invest in the City of Boynton Beach.
No one else coming forward, Mayor Taylor closed the public hearing.
Commissioner Rodriguez recalled his previous proposals to reduce costs and establish a lower millage
rate. He returned to his proposal to further reduce memberships, publications and meetings, stressing
- 62-
that the monies budgeted were not for training. The training budget is $300,000. Commissioner
Rodriguez requested reconsideration of reducing the memberships and meetings line item by $50,000.
Mayor Taylor recalled the motion had failed 3-2 and Commissioner Rodriguez was not on the prevailing
side of the vote. Discussion on the topic would not be permitted unless a motion for reconsideration
was approved.
Attorney Cherof clarified the rules for the final budget hearing would include any and all budget
discussions. The previous motion only related to the tentative budget and the matter before the
Commission was the final budget.
Commissioner Rodriguez repeated his suggestion to reduce the budget for meetings, memberships and
publications by 25% and the City Manager had confirmed he could work with the reduced amount.
Mayor Taylor noted the City Manager would have no choice. He did not see the logic in reducing the
budget item further since it had already been reduced by the City Manager across the board.
Vice Mayor Hay agreed with Mayor Taylor and would not change his position of supporting the City
Manager's reduction only. Commissioner Ross concurred.
Motion
Vice Mayor Hay moved to set the millage rate at 6.726. Commissioner Ross seconded the motion. The
motion passed 4-1. (Commissioner Rodriguez dissenting)
Motion
Vice Mayor Hay moved to adopt Resolution R09-138. Commissioner Ross seconded the motion. The
motion passed 4-1. (Commissioner Rodriguez dissenting)
3.
PROPOSED RESOLUTION NO. R09-139
BUDGET FOR FISCAL YEAR 2009/10
RE: ADOPTING THE FINAL
Attorney Cherof read Proposed Resolution No. R09-139 by title only.
Mayor Taylor opened the issue for publiC hearing.
Michael Osborn, 3712 Coelebs Avenue, Blue Collar Union Steward, reiterated his concerns relating to
car allowances and cell phones. He contended employees were given car allowances and then used
City vehicles to go to meetings and conduct other business. Mr. Bressner agreed it was improper
conduct and discipline would be administered for the abuse of the car allowance program. Mr. Osborn
indicated many blue and white collar employees receive work related calls on their personal cell phones
throughout the work day and were not given a cell phone allowance. There were better plans available
for the City to save considerable money. The phones cost $40 a month and some cell phone
allowances were $100 a month.
Mr. Osborn also brought up the fact that a contractor, AUI, was being paid considerable monies to do
the same job that City employees had done. He also indicated the Utilities Department has six
engineers and pays contract engineers to do most all of the work. He suggested the individuals being
given the extra deferred compensation should being doing the jobs the contractors are being paid to
do for them.
- 63 -
Clyde Montross, 109 SW 18th Street, was confused about the decision on the new police facility.
Money was spent to do a study that revealed a new facility was needed and it has now been rejected.
The future increase in population warrants preparation for the increase in police protection that would
be required. Mayor Taylor explained monies were not available unless taxes were increased. There
was approval to place the issue on the March election ballot. Mr. Montross did not agree with taking
the police facility out of the budget. It was not a political issue, rather a safety issue.
John McGovern, 2620 Spiceberry Lane, was offended by the assertion that the deferred
compensation previously referred to was compensation and he asserted the monies were a bonus. He
agreed with Mr. Montross on the issue of politicalization (sic) of an important issue. He recalled a
referendum relating to the Library expansion and renovation that was voted down and the Commission
quickly voted to continue with the construction of a new Library. He hoped the vote of the people
would be upheld by the Commission.
Sergio Casaine, 13 Meadows Park Lane, contended the budget should not be approved until the
issues referred to by Mr. Osborn were resolved and the deferred compensation issue revisited. More
work needed to be done to further reduce the budget and further investigate the management
compensation package.
No one else coming forward, Mayor Taylor closed the publiC hearing.
Commissioner Weiland commented more work could be done and the budget further reduced to the
current millage rate. However, there has been a compromise from 7.3 mills to 6.7 mills and more work
can be done in the interim for next year's budget.
Commissioner Rodriguez agreed with Commissioner Weiland and noted ultimately the citizens suffer if
the millage rate is not reduced. County taxes were increasing and would adversely affect many
residents. He would not support the increase in the millage rate.
Motion
Commissioner Ross moved to approve Resolution R09-139. Vice Mayor Hay seconded the motion. The
motion passed 4-1. (Commissioner Rodriguez dissenting)
4. DISCUSSION AND ACTION ON RATIFICATION OF MEMORANDUM(S) OF
UNDERSTANDING WITH UNION(S) TO MODIFY FISCAL YEAR 2009-10
COMPENSATION
Attorney Cherof explained there were ongoing collective bargaining agreements with the three unions
of the Police Department and the firefighters through the IAFF. The same understanding had been
negotiated with all four bargaining units. There would be a wage compensation freeze until September
29, 2010 conceding to the request of the City Manager. There were four Memorandums of
Understanding requiring ratification by the Commission.
Commissioner Weiland thanked the unions and staff for coming to an equitable agreement. It would
be a temporary solution until the economy improved. Commissioner Rodriguez expressed his
appreciation to the union for being willing to negotiate the matter. He agreed it would be on a short
term basis.
Motion
- 64-
Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion passed
unanimously.
** Commissioner Marlene Ross intends to move for reconsideration of the elimination of
deferred compensation for contract staff members to allow for further discussion,
evaluation and action on that budget matter.
Commissioner Ross contended the previous decision was hastily made and premature. It was a very
unfair decision that would affect 24 middle management and upper management employees. All
employees were all accepting no wage increases and changing their the compensation package of a
few would be unfair.
Mayor Taylor agreed the deferred compensation benefit should not be taken away as it would
constitute a 6% salary decrease for those individuals currently receiving the benefit. The deferred
compensation is a recruitment tool and the IRS considers the contribution as salary.
Commissioner Ross added the amounts varied from $2,000 to $12,000 decreases for those individuals
helping to lead the City.
Commissioner Rodriguez agreed with the previous remarks, but alleged the economic climate was
conducive to upholding a bonus package when others were struggling to survive. It is a bonus that
has no impact on their take-home pay. Good leadership starts at the top and these management level
positions should set the example of good stewardship.
Commissioner Ross strongly disagreed and understood it was not a bonus. Insinuating that the
individuals were less than good leaders was offensive and incorrect.
Mayor Taylor noted the City Manager would lose $14,000. Discussion on the priorities of leadership
within the City ensued.
Commissioner Rodriguez questioned the City Manager on when the monies would be received by the
individuals. Mr. Bressner handed out an opinion of the IRS defining deferred compensation plans and
deferred salary versus a salary reduction. The funds are placed in a 457 account that was authorized
in the 1990s for qualified City employees. The monies would be distributed upon retirement at age 65.
Mayor Taylor recalled the City Manager was not given an increase in compensation at the last
evaluation.
Vice Mayor Hay would not change his position on the issue. It was not a bonus, but part of the
compensation package. He agreed with the program.
Motion
Commissioner Ross moved to reinstate the deferred compensation for contract staff. Vice Mayor Hay
seconded the motion.
Commissioner Weiland inquired about the source of funding for the deferred compensation if the
millage rate had been set. Mayor Taylor advised the monies would be budgeted from the contingency
funds.
The motion passed 3-2. (Commissioners Weiland and Rodriguez dissenting)
- 65 -
** Vice Mayor Woodrow Hay intends to move for reconsideration of the authorization to
use $1,500 for the Boynton Isles Neighborhood Association from Commissioner
Rodriguez's Community Investment Funds.
Vice Mayor Hay voiced his concern regarding tarnishing the good name of the Commission in light of
the recent Grand Jury report and recommendation regarding ethics and Honest Services fraud. Since
the donation of monies would reduce the cost to Commissioner Rodriguez personally, a possible
conflict had been created. He cautioned that public perception and trust was paramount. He
suggested Commissioner Rodriguez redirect the funds and advised he could not support the donation.
Commissioner Rodriguez reviewed the use of discretionary funds and his request to use his funds to
assist Boynton Isles Neighborhood Association with signage in his community. The sign is on Federal
Highway, on a City right-of-way and not private property. Although the area is included in the
Community Redevelopment Agency area, there are no programs for signage. Commissioner Rodriguez
had also donated funds to other communities for issues relating to hurricane damage. He considered
all of the contributions to be beautification issues along a major corridor in the City of Boynton Beach.
His conscious was clear and he contended he had an obligation to advocate for those communities
within his district. The $20 million spent in the Heart of Boynton Beach where Vice Mayor Hay lives,
was never questioned as a conflict. The will of the Commission prevails.
Commissioner Ross questioned the average price of homes in the Boynton Isles Neighborhood and the
average price of homes in the Heart of Boynton to assess the need. Commissioner Rodriguez
countered that the Commission had a responsibility to address the needs of the entire City. Vice Mayor
Hay noted the Community Redevelopment Agency operated under State statute and could not be
compared to $1,500 in discretionary funds.
Commissioner Rodriguez offered to reimburse the City for his share of the $1,500 donated.
Commissioner Ross was not sure a precedent should be set for reimbursement of funds. Commissioner
Weiland pointed out some homeowner associations are allowed to use City facilities for meetings at no
cost, while the same opportunity is not afforded to all communities within the City of Boynton Beach.
All aspects of assistance to homeowner associations should be reviewed. Mayor Taylor agreed with
Vice Mayor Hay that the funding sources were not comparable. The rules relating to the discretionary
funds were very specific. He disagreed with the advice given by Attorney Cherof that the Commission
could change the rules.
Attorney Cherof clarified his remarks related to changes that could be made if the Commission
determined a public need would be satisfied by the expenditure of the funds. The rules can only be
changed by a separate agenda item and the rules had previously been reviewed by the Commission.
There was a motion to approve the expenditure which infers there was a finding of a public necessity
or need. Attorney Cherof advised the matter before the Commission was a motion to reconsider and
there had been no motion or second, making all the discussion inappropriate.
Motion
Vice Mayor Hay moved to reconsider the $1,500 that was spent for the Boynton Isles Neighborhood
community and spent otherwise. Commissioner Ross seconded the motion.
The motion passed 4-1. (Commissioner Weiland dissenting)
Mayor Taylor offered his opinion that a conflict of interest was created and Commissioner Rodriguez
should be excused from voting on the issue. Funds given to Sterling Village and Colonial Club related
only to the residents of those developments, violating the rule that the monies should not be given to
- 66-
private property. Mayor Taylor sought advise from the City Attorney whether Commissioner Rodriguez
should be excused from voting on the motion.
Attorney Cherof cited Chapter 112.3143 of Florida Statutes that requires each Commissioner to vote on
any matter that comes before the Commission with an exception. The exception related to motions
that inures to a Commissioner's special, private gain. The Florida Commission on Ethics had
determined that expenditure of funds for neighborhoods or rezoning issues, the fact that a
Commissioner lives within the area, would not constitute a special, private gain. The gain is to the
community as a whole and not the individual. All of the Commission has previously voted on issues
that deal with rezoning or expenditure of public funds or public improvement projects in their own
neighborhoods. It was his opinion, the request was not a special, private gain.
Commissioner Rodriguez added it was not a private community because it was not gated and the public
had access all the time.
Motion
Commissioner Rodriguez moved to approve the expenditure for the Boynton Isles Neighborhood sign.
Commissioner Weiland seconded the motion.
Commissioner Ross inquired of the City Attorney, if Honest Services Fraud was a concern for the
Commission. Attorney Cherof stressed every issue that arises is a concern under the law. He
cautioned all the Commission to be as conservative as possible when making decisions about the
projects to support.
Lee Wische, 1302 SW 18th Street, expressed his concern with the moral ramifications of the three
requests for donations to three communities within Commissioner Rodriguez's district. In his opinion,
the donations could be perceived as buying votes in the upcoming election. It would seem peculiar to
the ordinary citizen. To proVide solidarity, Mr. Wische suggested all discretionary funds should be
eliminated and the approval of funding for all three communities should be rescinded.
Commissioner Rodriguez indicated he had made a motion to eliminate the funds. Mayor Taylor advised
the funds had been eliminated.
The motion failed 2-3. (Mayor Taylor, Vice Mayor Hay and Commissioner Ross dissenting)
There being no further business to come before the Commission, Mayor Taylor properly adjourned the
meeting at 7:38 p.m.
(Continued on next page.)
- 67-
ATTEST:
Janet M. Prainito, CMC
City Clerk
Judith A. Pyle, CMC
Deputy City Clerk
CITY OF BOYNTON BEACH
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ronald Weiland, Commissioner
Woodrow L. Hay, Commissioner
Marlene Ross, Commissioner
- 68 -
6. B
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Approve the Minutes from the City Commission meeting
held on October 6, 2009.
EXPLANATION OF REQUEST: The City Commission met on October 6,2009 and minutes were
prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida Statutes
provide that minutes of all Commission meetings be prepared, approved and maintained in the
records of the City of Boynton Beach.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? A permanent record of the actions taken
by the City Commission will be maintained as a permanent record.
FISCAL IMPACT: N/A
ALTERNATIVES: N/ A
- 69-
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
At 6:30 P.M., ON TUESDAY, OCTOBER 6,2009
Present:
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ron Weiland, Commissioner
Jose Rodriguez, Commissioner
Marlene Ross, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
1. OPENINGS
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance led by Mayor Jerry Taylor
Mayor Taylor called the meeting to order at 6:30 p.m. Vice Mayor Hay gave the invocation
followed by the Pledge of Allegiance to the Flag led by Mayor Taylor.
Mayor Taylor informed the public of the new electronic format of the agenda that was being
implemented. The goal was to become paperless within a short time, using only laptops to
access the information.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Taylor advised there was an additional item to section 6, Consent Agenda, Item L.
pertaining to a consultant to assist with the development of the Comprehensive Climate Action
Plan.
2. Adoption
Motion
Vice Mayor Hay moved to approve the agenda as presented. Commissioner Ross seconded
the motion. The motion passed unanimously.
2. OTHER
A. Informational Items by Members of the City Commission.
Mayor Taylor announced the Florida Redevelopment Association designated the Boynton
Beach Community Redevelopment Agency as the number one CRA in the State of Florida for
redevelopment.
- 70-
Mayor Taylor had attended the Grand Opening of Big Lots and the demolition for the Slohman
Family Center that will be a school for children with autism. There will also be a medical center
and other facilities required for autistic children. It would be an $18 million project.
The Women's Circle also had a ground breaking for their new location on 4th Street. The
organization assists citizens less advantaged with job searches and training for job interviews.
Mayor Taylor also announced the passing of Mike Ferguson on September 25, 2009. He
served as a Commissioner and worked hard for the City of Boynton Beach.
Commissioner Ross noted the grand opening of Fire Station #5 and the Emergency Operation
Center. The public was invited to attend commencing at 10 a.m. She had also attended the
Institute for Elected Officials presented by the Florida League of Cities. It was a great
experience and she was glad to have attended.
Vice Mayor Hay had also attended the Institute for Elected Officials. He was very impressed
with the information given covering eight different areas. The topics included the Structure and
Function of Municipal Government in Florida, Risk Control, Presentations, How to be an
Effective Council Person, Taxes and other Sources of Revenues, Budgeting and Accounting,
Understanding Inter-Governmental Relationships in Florida, Florida Ethics and Compliance
with Open Meetings and Open Records Law. He felt very strongly that every elected official in
their first year in office should be encouraged to take the class.
Mayor Taylor had previously attended and agreed. He was pleased both Vice Mayor Hay and
Commissioner Ross were able to attend.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Approve the proposed monument commemorating "The Korean War".
Thomas Kaiser, Chair of the Veterans Advisory Commission, reviewed the previous
monuments that had been contributed by the veterans for Bicentennial Park with the goal to
have a monument for every conflict. A World War I monument would be unveiled on
November 11, 2009. The Lost Battalion of the 7ih Division would be honored with a pigeon on
the monument commemorating the carrier pigeon that flew 30 miles to his cage, after being
shot, with the message that troops were surrounded and needed assistance. Mayor Taylor
was presented with a replica of the pigeon. On December 7, 2009 a monument for Pearl
Harbor would be unveiled. June 2010 would be the 60th anniversary of the Korean War and in
the fall of 2010 there would be a monument for the Vietnam conflict installed. The next year
monuments would be for Desert Storm and Iraq and Afghanistan. The veterans bear the entire
cost. Mr. Kysor urged prayers for the troops currently in conflict.
Mayor Taylor was honored to receive the pigeon statue and would display it with pride. He
thanked the veterans for their generous gift to the City of Boynton Beach.
B. Announce the receipt of the 2009 Flo Goldman Award by our Nationally Accredited
Senior Center and recognize the Senior Center staff, including center supervisor
Steve Lulkin, for the outstanding job they have done making this one of our most
popular and active facilities.
- 71 -
Wally Majors, Director of Recreation and Parks, noted the Flo Goldman Award was given for
distinguished service in the field of Senior Centers, recognizing the quality of programs and
services offered to seniors. The City's nationally accredited Senior Center received the 2009
Flo Goldman award. Mr. Majors commended the staff and volunteers at the Senior Center for
the accomplishment. The staff included the Recreation Specialist, Mark Rose, and Forester
and Recreation Supervisor, Steven Lulkin. Mr. Lulkin thanked Mark Rose and Ann Forster,
Recreation Specialist, for the outstanding job done, along with the volunteers who assisting in
providing the top quality programs at the Senior Center. The entire organization was proud of
the accomplishment.
Mayor Taylor congratulated the staff and commented the reputation of the Senior Center was
exceptional for a job well done.
C. Declare a proclamation for the Month of October as National Arts and Humanities
Month for the City of Boynton Beach
Mayor Taylor proclaimed October as National Arts and Humanities Month in the City of
Boynton Beach. Arts and Humanities strengthen the local economy by generating $209.1
million in economic impact and supported many jobs each year. Taxes from art also generate
revenue for the state and local governments.
Barbara Ready, Chair of the Arts Commission, commented the Art in Public Places program
had given all citizens the ability to see free art exhibits around the City including the Avenue of
the Arts. The public was invited to the free Arts Connection programs the third Monday of
each month in the Library Program Room. The grand opening of Fire Station #5 includes art
work depicting visual references of historical timelines of firefighting. The arts stimulate
economic development and add to the quality of life.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted depending on
the level of business coming before the City Commission)
Michael MacMullen, 4760 N. Congress Avenue, owned a pool hall/bar and suggested the
hours to sell alcohol be extended past 2 a.m. The only way for his business to survive was to
extend the hours of operation. Surrounding municipalities and the County have extended
hours. Commissioner Ross suggested Mr. MacMullen speak with the ambassadors for the
Greater Boynton Chamber of Commerce. Commissioner Rodriguez and Vice Mayor Hay were
not open to discussing the issue. Mayor Taylor mentioned the subject had previously been
discussed and decided.
John McGovern, 2620 Spiceberry Lane, distributed information regarding an old school that
had been refurbished in another area. He discussed the full and fair disclosure of information
to the citizens, regarding the March elections. Mr. McGovern suggested it was the
responsibility of the City to inform its citizens, through the use of the website, information
regarding the candidates including the financial disclosures.
- 72-
Victoria Castello, 406 S. Seacrest Boulevard, brought attention to the Florida East Coast
Corridor study now in Phase II, selecting the depots. It would be helpful if a stop was made at
the Marina in downtown Boynton Beach. Mayor Taylor advised the Community
Redevelopment Agency has been working aggressively to get a depot in Boynton Beach.
There are upcoming meetings at several locations. Ms. Castello opined the website could be
used to advertise the meetings and seek input from the citizens. Commissioner Rodriguez had
received notification of the hearings and assumed homeowners in the areas closest to the
corridor had been informed. All of the Commission had received the notification. Mayor Taylor
advised Ms. Castello to contact Lisa Bright, Executive Director of the Community
Redevelopment Agency.
Dick Philpott, 1361 SW 2ih Avenue, questioned the ownership and plans for cleaning the Big
Bass canal. Mayor Taylor advised research was being done to determine ownership of the
canals within the City of Boynton Beach. Neither Lake Worth Drainage District nor the City of
Boynton Beach owns the canal. In 2005 the monies budgeted for cleaning the canals were
eliminated. Attorney Cherof indicated the research should be completed within the next thirty
days. Mr. Bressner advised search of previous minutes revealed there had been no final
policy decision on the issue. The canals have been the orphans of the City. Commissioner
Weiland wanted definitive proof of the ownership.
James Mathews, 1350 SW 26th Avenue, recalled seven years ago the City ceased
maintaining the canals in the Lake Ida area. At that time, the homeowners were told the Big
Bass Canal and Lazy Lake were owned by the City. A decision was made that any new
developments would have to maintain the canals created during construction. At a public
meeting, maps were displayed of canals owned by the City and others where the homeowners
owned to the middle of the canal or their property side of canal or to the other side of the canal.
Mr. Bressner advised in many instances the plat indicates "the public" owns the canal. The
definition of "the public" is not clear. There has been nothing found dedicating any of the
canals to the City of Boynton Beach. Mr. Mathews offered his opinion that the City of Boynton
Beach would be the representative of the people, if an actual owner was not the designated
owner. He alleged the confusion was deteriorating the value of his home.
No one else coming forward, Mayor Taylor closed the public audience.
5. ADMINISTRATIVE
A. Accept the resignation of Amber Barritt, an alternate member of the Planning and
Development Board.
Motion
Commissioner Weiland moved to accept the resignation of Amber Barritt. Vice Mayor Hay
seconded the motion. The motion passed unanimously.
B. Appoint eligible members of the community to serve In vacant positions on City
advisory boards.
Motion
- 73 -
Commissioner Weiland moved to table all appointments. Commissioner Ross seconded the
motion. The motion passed unanimously.
6. CONSENT AGENDA
A. Approve the Minutes from the City Commission meeting held on September 14,2009.
B. PROPOSED RESOLUTION NO. R09-140 - Approve a "piggyback" to the City of
Pompano's contract with Nalco approved on January 13, 2009 (1-13-09) via Bid H-45-
08 with the same terms, conditions, specifications and pricing. This contract will be
used to purchase anti-scalant (PC-1850T) and control its dosage for the removal of
solids at the West Water Treatment Plant (WWTP). The annual expenditure is
estimated at $98,000. The City of Pompano Beach complied with public contract bid
requirements equal to or which exceeds Boynton Beach's requirements.
C. PROPOSED RESOLUTION NO. R09-141 - Support the elimination of the cap on the
State and Local Housing Trust Funds and supporting full appropriation of the housing
trust funds for housing programs.
D. PROPOSED RESOLUTION NO. R09-142 - Authorize the City Manager to apply for
State permits for temporary closing of Federal Highway from Boynton Beach
Boulevard south to Woolbright Road for the annual Holiday Parade.
Vice Mayor Hay pulled Item 6. D for discussion.
E. PROPOSED RESOLUTION NO. R09-143 - Approve the Local Agency Program (LAP)
Agreement between the City of Boynton Beach and Florida Department of
Transportation (FDOT) for the construction and construction-engineering-inspection
(CEI) services of the Seacrest Boulevard Roadway Improvements project.
F. PROPOSED RESOLUTION R09-144 - Approve the Bill of Sale and Utility Easement;
and also to release all surety for the water and sewer systems for the former Eckerds
Pharmacy located at the northwest corner of Boynton Beach Blvd. and US 1 in
Boynton Beach.
G. Appropriate $446,722.50 from the Fuel Island Improvement Reserve in the Vehicle
Service Fund (501), to provide funding in FY 09/10 for required Fuel Tank
Replacement Project (project #RP1 001).
PROPOSED RESOLUTION NO. R09-145 - Approve a Piggy-Back Contract from the
Palm Beach County School Board (#09C-018K) with Lutz Petroleum Equipment
Installations, Inc. for removal and closure of four (4) existing underground 10,000
gallon diesel and unleaded underground fuel storage tanks, one existing underground
1,000 gallon hydraulic oil tank and one existing 550 gallon waste oil tank located at
the Public Works Complex. Work to include installation and start up of a new above
ground storage tank system consisting of two (2) 20,000 gallon fuel tanks and two (2)
300 gallon hydraulic and waste oil tanks. Total project cost with options is
$425,450.00 plus 5% contingency in the amount of $21 ,272.50 and is funded from the
Fleet Maintenance Division account #501-2516-519-6325 (project #RP1 001).
- 74-
Commissioner Ross pulled Item G.6 for discussion.
H. PROPOSED RESOLUTION NO. R09-146 - Authorize the execution and payment of
the annual service agreement between Motorola and the City of Boynton Beach in the
amount of $138,676.32.
I. Approve participation in the State of Florida Department of Management Services
Fuel Card Program (#973-163-06-1) for emergency use only. The State Contract
complied with Public Contract bid requirements equal to or which exceeds Boynton
Beach's requirements..
J. Approve settlement of claim for costs associated with the connection of public sewer
system to 815 Bamboo Lane.
K. Authorize the reallocation of $1,500 from Boynton Isles to the Jayne E. Miller Nursing
Scholarship Fund from Commissioner Rodriguez's Community Investment Fund.
L. Approve a Contract for "CONSULTANTS TO ASSIST IN THE DEVELOPMENT OF A
COMPREHENSIVE CLIMATE ACTION PLAN", rfp #062-1210-09/cjd TO: Camp
Dresser & McKee Inc. (CDM) of West Palm Beach, FL in the amount of $195,900.
Commissioner Ross pulled Item 6.L for discussion.
Motion
Commissioner Weiland moved to approve the Consent Agenda with the exception of Items D,
G and L. Commissioner Ross seconded the motion. The motion passed unanimously.
D. PROPOSED RESOLUTION NO. R09-142 - Authorize the City Manager to apply for
State permits for temporary closing of Federal Highway from Boynton Beach
Boulevard south to Woolbright Road for the annual Holiday Parade.
Vice Mayor Hay confirmed the route would be the same as last year and the Commissioners
would make a complete route and return to the platform.
Kathy Biscuiti, Special Events Director, advised the parade route would start at SE 1 ih going
north in the southbound lane of Federal Highway to Ocean Avenue and the Commission would
be dropped off in the back of the platform. The lineup would not be able to use 4th Street due
to construction.
- 75 -
Motion
Vice Mayor Hay moved to approve Item 6.D. Commissioner Weiland seconded the motion.
The motion passed unanimously.
G. Appropriate $446,722.50 from the Fuel Island Improvement Reserve in the Vehicle
Service Fund (501), to provide funding In FY 09/10 for required Fuel Tank
Replacement Project (project #RP1 001).
PROPOSED RESOLUTION NO. R09-145 - Approve a Piggy-Back Contract from the
Palm Beach County School Board (#09C-018K) with Lutz Petroleum Equipment
Installations, Inc. for removal and closure of four (4) existing underground 10,000
gallon diesel and unleaded underground fuel storage tanks, one existing underground
1,000 gallon hydraulic oil tank and one existing 550 gallon waste oil tank located at
the Public Works Complex. Work to include installation and start up of a new above
ground storage tank system consisting of two (2) 20,000 gallon fuel tanks and two (2)
300 gallon hydraulic and waste oil tanks. Total project cost with options is
$425,450.00 plus 5% contingency in the amount of $21 ,272.50 and is funded from the
Fleet Maintenance Division account #501-2516-519-6325 (project #RP1 001).
Commissioner Ross indicated she had been informed there was a discrepancy on the
information given to the various vendors for a fair comparison of the estimates. Jeff Livergood,
Director of Public Works and Engineering, was unaware of the information given to vendors or
bidders. It was based on existing purchase contracts available to piggyback.
Peter Ward, Glasko Equipment Service, represents the City in fuel tank matters. His firm was
contacted about installing four 10,000 gallon tanks and had mailed a bid. The award is
requested for two 20,000 gallon tanks. It would be a more economical price for two tanks
rather than four. He requested the matter be tabled until a fair comparison could be made.
Mr. Livergood clarified it was not a bid process. Prices were solicited from several vendors to
determine pricing and piggyback opportunities. Design parameters were not designated. Mr.
Bressner suggested the item be tabled until Purchasing can present input and further research
can be done.
Motion
Commissioner Ross moved to table. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
L. Approve a Contract for "CONSULTANTS TO ASSIST IN THE DEVELOPMENT OF A
COMPREHENSIVE CLIMATE ACTION PLAN", RFP #062-1210-09/CJD TO: Camp
Dresser & McKee Inc. (CDM) of West Palm Beach, FL in the amount of $195,900.
Commissioner Ross brought the item forward and commended staff for making a difficult
decision from the many bidders. Carisse LeJeune, Assistant to the City Manager, indicated it
was a milestone for the original Green Task Force to see the recommendations adopted by the
Commission brought to fruition. Stimulus funding of $658,900 was made available and hiring a
consultant was the first step to qualify for further funding and proceed to make Boynton Beach
- 76-
a truly green environment. She announced the month of October was proclaimed the National
Energy Awareness Month.
Motion
Commissioner Ross moved to approve Item 6.L. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
7. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
8. PUBLIC HEARING
7 P.M. or as soon thereafter as the agenda permits.
The City Commission will conduct these public hearings in its dual capacity as Local Plan
ning Agency and City Commission
9. CITY MANAGER'S REPORT
A. Provide direction to staff regarding banners and decorations for the upcoming holiday
season.
Lori LaVerriere, Assistant City Manager, indicated last year the City had spent $40,000 on
holiday decorations and the CRA had contributed $30,000. This year's budgeted funding was
only $10,000 for the City and the CRA increased their funding to $40,000. The use of the
$10,000 was the issue. Ms. LaVerriere reviewed the options including giving the money to the
CRA to enhance their efforts. It would eliminate decorations at the Sims Center, Hester Center
and Senior Center.
Commissioner Rodriguez suggested City staff and the CRA staff collaborate and bring the
Commission a recommendation. Mayor Taylor supported contributing the $10,000 to the CRA
for decorations. Vice Mayor Hay and Commissioner Rodriguez concurred with Mayor Taylor.
Commissioner Weiland offered the money be given to the CRA to decorate the Ocean Avenue
area and City Hall area. Ms. Biscuiti advised the CRA was committed to two contracts. She
did feel with the additional monies from the City that the City Hall corner could be
accomplished. There was consensus to concentrate the decorations in the downtown area.
Motion
Commissioner Weiland moved to give the $10,000 to the CRA and allow them to use the
monies to complete their holiday banner program in the Ocean Avenue area. Vice Mayor Hay
seconded the motion.
Ms. LaVerriere added all banners should be installed to balance the decorations in the core
area.
Commissioner Weiland amended his motion to include all the banners. The motion passed
unanimously.
- 77-
10. FUTURE AGENDA ITEMS
11. NEW BUSINESS
A. Discussion of a process and procedure for appointing a new seven member CRA
Board. This item is placed on the agenda at the request of Commissioner Rodriguez.
Commissioner Rodriguez recalled the discussion had been postponed until after budget issues
had been resolved. He brought the item forward to arrive at an agreement on how to proceed.
Vice Mayor Hay agreed the appointment of a new Board should move forward; however, there
was no rush to complete it within the next couple months. He wanted to have the application
reviewed and revised with more extensive information to be provided. Vice Mayor Hay alleged
a screening committee consisting of the City Manager, Quintus Greene, City Attorney, CRA
Executive Director and the Assistant Director could improve the application. The same
committee could then screen the applications and candidates and make a recommendation to
the Commission or submit a ranked list. Vice Mayor Hay wanted to proceed carefully to avoid
the dissolution of another Board. Also the new Commission to be elected should have a stake-
hold in the new board. He saw no need to get the Board appointed before the March election.
Commissioner Rodriguez agreed in part with Vice Mayor Hay that caution is necessary. He
did see a conflict and opposed the CRA Executive Director and Assistant Executive Director
screening their bosses. Elections are held yearly and new Commissioners would be rotating
on and off the board on a regular basis.
Commissioner Weiland felt the current Board should decide on the members of the new Board
since they would be familiar with the applicants and the responsibilities they would be
assuming. Vice Mayor Hay cautioned with only three votes another Board could be dissolved.
He felt the appointing Board should be proactive and try to avoid the same circumstances that
were previously created. The process could be started, but the final decision delayed.
Mayor Taylor reiterated his contention that the current Board was doing a more than adequate
job, having just been recognized as number one in the State. If there was consensus to
proceed, he urged the Commission to appoint only a five-member Board rather than seven.
Two more could be added at a later time, if necessary. Mayor Taylor did agree a committee to
review the application would be helpful. Interviews conducted before the entire Commission
could be utilized to further narrow the field.
Commissioner Ross opined that in six months there could be three new Commissioners who
should be part of the selection process. The current Board was unified and working in a
positive direction so there was no rush.
Herb Suss, 1711 Wood Fern Drive, agreed with Vice Mayor Hay to move slowly and make the
proper selections for a five member board. He did prefer an independent board.
Victor Norfus, 261 N. Palm Drive, argued the process should not be any different for the
Community Redevelopment Agency Board than with any other advisory board. Mayor Taylor
pointed out the CRA Board was governed by State statutes and not an advisory board.
- 78 -
Commissioner Rodriguez indicated he was not in favor of pubic interviews. Vice Mayor Hay
suggested a special meeting be scheduled for the interviews and the public be invited. The
steering committee could short list the applicants.
Motion
Commissioner Rodriguez moved to proceed with the application as presented, the City
Commission act as its own review board and decide the interview process and application as it
is including resumes and move forward. Commissioner Weiland seconded the motion for
discussion.
Vice Mayor Hay could not support the motion and stressed a steering committee was needed
to review the application and the applicants more closely. Mr. Bressner suggested it be a two-
step process that the committee review the application and bring it to the Commission for
approval first. Mayor Taylor agreed with Vice Mayor Hay's suggestion.
Patricia Fitzpatrick, a resident, was excited about the separate board and felt people with a
passion for the City needed to be on the Board. The members should be able to communicate
their passion regardless of their academic credentials. Her opinion was the process should not
be made more difficult than it needed to be.
John McGovern recalled the CRA Board had been a hot issue and he did not want to see the
same debate and dissention repeated. The goal should be to move forward for the long run
and not the short term.
The motion failed 2-3. (Mayor Tay/or, Vice Mayor Hay and Commissioner Ross dissenting)
B. Discussion of status of proposed Green Market at Boynton Beach Mall.
Mr. Bressner summarized the history of the special events at the Mall and the recent request
to continue with new events at the Mall. The Community Caring Center had approached the
Mall and requested the Green Market be held at the Mall and in downtown Boynton Beach
each Saturday. The proposal was to allow two ongoing seasonal events in the 2009 and 2010
season and allow for 10 special events through May 2010. The Mall had requested the
contract for special events be extended beyond May 2010. Long term, staff was reviewing
zoning issues and proposing a text amendment to allow a farmer's market in a C-3 district, if
the lot is large and had adequate parking.
Mayor Taylor supported the seasonal approach and extending the contract. Commissioner
Ross also supported the idea and the green market. Vice Mayor Hay concurred. Mayor Taylor
declared there was consensus.
12. LEGAL
None
13. UNFINISHED BUSINESS
None
- 79-
14. ADJOURNMENT
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 8:07 p.m.
- 80 -
CITY OF BOYNTON BEACH
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ronald Weiland, Commissioner
ATTEST:
Jose Rodriguez, Commissioner
Janet M. Prainito, CMC
City Clerk
Marlene Ross, Commissioner
Judith A. Pyle, CMC
Deputy City Clerk
- 81 -
6. C
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-117 -Approve
piggybacking the City of Delray Beach contract bid #2002-37 with Chaz Equipment of Wellington, Florida
to rehabilitate the City's wastewater gravity manholes for a project cost of $256,314.00 with a 15%
contingency of $38,447.00 for a total project cost of $294,761.10.
EXPLANATION OF REQUEST: The Utility Department received Commission approval to develop an extensive
Infiltration and Inflow program. We have completed the first four inspection phases, completed our first repair
phase and are about to complete our second repair phase. The program identifies structural deficiencies
associated with the gravity lines and manholes, reduces treatment and maintenance costs and creates an
efficient wastewater system. After review of the reports from Inspection Phases III and IV, we have identified
approximately 51,477 feet of pipeline and 114 manholes to rehabilitate. The department is calling this project "1&1
Program Phase III and IV repairs".
The department would like to piggyback the City of Delray Beach contract bid #2002-37 with Chaz Equipment for
rehabilitating the manholes with SewperCoat. Utility staff along with Procurement Services have determined that
the City of Delray Beach contract bid #2002-37 has complied with Public Contract Bid requirements equal to or
exceeding the City of Boynton Beach's requirements. The City has had great success with this method and with
Chaz Equipment and would like to continue with this project. Chaz Equipment will clean and rehab the structures
by applying a corrosion resistant bonded coating to the deteriorated structures for a cost of $294,761.1 O.based
upon unit pricing for the various manhole structures and services. Attached is a spreadsheet outlining the
individual manhole costs and the area where the work will take place and the City of Delray Beach bid
documents.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The impact of this project will restore the identified
manhole structures within our wastewater system and reduce the amount of infiltration and inflow to our
wastewater treatment plant, therefore reducing operational costs. It will also help to prevent manhole failures by
identifying the problems now and repairing them to avoid costly repairs in the future.
- 82 -
FISCAL IMPACT: The total project cost is $294,761.10 which includes a 15% contingency to allow for
unforeseen site conditions or quantity changes. Funding is available in account #403-5000-590-65-04 SWR 059
Manhole Rehab.
ALTERNATIVES: The technology method being recommended is very cost effective. This type of rehabilitation
replaces the more costly conventional excavation of replacing the manhole structure with a new one. However,
possible alternatives are:
. Physically replacing each structure, at significantly greater cost and disturbance
. Not performing any recommended work and risking failure of the structure.
- 83 -
RESOLUTION NO.
R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING THE
"PIGGY-BACK" OF A CITY OF DELRAY BEACH
CONTRACT BID #2002-37 WITH CHAZ EQUIPMENT
COMPANY, INC., OF WELLINGTON, FLORIDA, TO
REHABILITATE THE CITY'S SEWER MANHOLES FOR A
PROJECT COST OF $256,314.00 WITH A 15%
CONTINGENCY OF $38,447.10 FOR A TOTAL PROJECT
COST OF $294,761.10; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, City staff has confirmed that the City of Delray Beach has complied with
Public Contract Bid requirements which equal or exceed the City of Boynton Beach's requirements;
and
WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back" of a City
of Delray Beach Contract #82768 and authorizes the Mayor and City Clerk to sign an Agreement
with Chaz Equipment Company, Inc., of Wellington, Florida to rehabilitate the City's sewer
manholes for a project cost of $256,314.00 with a 15% contingency of $38,447.10 for a total project
cost of $294,761.10.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the
- 84 -
"piggy-back" of a City of Delray Beach Contract Bid #2002-37 and authorizes the Mayor and City
Clerk to sign an Agreement with Chaz Equipment Company, Inc., of Wellington, Florida to
rehabilitate the City's sewer manholes for a project cost of $256,314.00 with a 15% contingency of
$38,447.10 for a total project cost of $294,761.10, a copy of the Agreement is attached hereto as
Exhibit "A".
Section 3.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED this
day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 85 -
AGREEMENT TO REHABILITATE BOYNTON BEACH'S
MANHOLE STRUCTURES
This Agreement is made as of this _ day of , 2009 by and between CHAZ
EQUIPMENT COMPANY, INC., of Wellington, Florida, a Florida Corporation, with offices at 3180
Fairlane Farms Road, Suite I, wellington, Florida 33414 ("Chaz"), and The City of Boynton Beach, a
Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach,
FL 33435 (the "City").
RECITALS
WHEREAS, the City has an ongoing program to identify and rehabilitate portions of the City's
gravity wastewater conveyance system to reduce infiltration and inflow (commonly referred to as "1&1);
and
WHEREAS, City Staff has recommended that the next phase of rehabilitation to the system be
performed by separate contractors; one to perform the pipe lining and the second to perform manhole
rehabilitation; and
WHEREAS, the City Staff has identified an existing governmental contract (City of Delray
Beach Contract Bid #2002-37) between Chaz Equipment Company, Inc., and City of Delray Beach
(DELRA Y) which was let by DELRA Y following equivalent contract letting procedures as are required
by the City of Boynton Beach Purchasing Policies; and
WHEREAS, Chaz Equipment Company, Inc., submitted a proposal dated June 29,2009 to the
City for the rehabilitation of approximately 113 sewer manholes at prices based on DELRA Y Contract
Bid #2002-37; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other
valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
AGREEMENT
Section 1.
Agreement.
The foregoing recitals are true and correct and are hereby incorporated in this
Section 2. The City and Chaz Equipment Company, Inc., agree that Chaz shall rehabilitate
approximately 113 sewer manholes pursuant to Chaz's proposal dated June 29, 2009 and incorporating
the terms and conditions for performance as set forth in Delray Beach Contract bid #2002-37, a copy of
which is attached hereto as Exhibit "A", except as hereinafter provided:
A. All references to the City of Delray Beach shall be deemed as references to the City of
Boynton Beach.
B. All Notices to the City shall be sent to:
City: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
- 86 -
Boynton Beach, Florida 33435
Telephone: (561) 742-6010/ Facsimile: (561) 742-6090
Copy:
James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500 / Facsimile: (954) 771-4923
C. The location of the services to be performed by Chaz under this Agreement is outlined in
the map attached hereto as Exhibit "B".
D. The price list for the services to be performed by Chaz under this Agreement, totaling
$294,761.10, is attached hereto Exhibit "C".
Section 3. In the event that the City of Delray Beach Agreement is amended, or terminated,
Chaz shall notify the City within ten (10) days. In the event the City of Delray Beach Agreement is
amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and
not be deemed amended or terminated, until specifically amended or terminated by the parties hereto.
Section 4. The Chaz agrees that in the event it enters into an Agreement for the same (or
substantially similar) scope of services with another local government in Florida which contains a term
or condition, including fees, charges or costs, which the City determines to be more favorable than the
terms in this Agreement, the parties shall enter into an Addendum to provide those terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the City of Delray Beach Contract
are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their
terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first written above.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
By:
Mayor
City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
CHAZ EQUIPMENT COMPANY, INe.
- 87 -
WITNESSES:
ATTEST:
SECRETARY
BY:
- 88 -
Print Name:
Title:
EXHffiIT "B"
MAP
- 89 -
EXHIBIT A
AGREEMENT BETWEEN CITY OF DELRA Y BEACH
AND CHAZ EQUIPMENT COMPANY, INC.,
- 90-
EXHIBIT C
PRICE LIST OF SERVICES FOR CITY OF BOYNTON BEACH
- 91 -
SEWPERCOA T
SEWER
STRUCTURE
REHABILITATION
PROPOSAL
PHASE III & IV
City of Boynton Beach
Mr. Tony Lombardi
124 East Woolbright Rd, Boynton Beach, FI33435
309.313-076 ~ BMck $2.4001 1
.. .jbij:~~~6ri...mi~~~' i~fNr~~.~~Sid~~riv'-Y ---+-:~~~.. .. '..~i:~~~+u'$50ci' .j.-.--+.--.-.---
309-313-046 1112012008215NW6lhAve I. BMck Fair .11,1251 u-.- -----I
309-313-112 11/2312008220BoyntonBeachBlIfd : BMck Fair $1,8001 _ $500
309-313.082 11/2012008 301 NW 10th Ave i BMck Poor 4 $1,2751
r'...:l!l.~~~ 1..3.:~7.... ...~.~.I~.~!3~iliC~~w 12t~A~.______ _.._... BMck Fair __....... --..T-'.- _....'u .__. ~_.j _ _. _~1.~~I-u-~__-.-.--.-
'309-313-025 11/19/2ooai310NW3rd5t E>rick Poor 799220.477, 960020.35& 4 i _1:Y~L__~._,.
309-313.ll9O 1111912008 312 NW I Ilh Ave Bt1ck i Fair 801906.4791- 960027,-~9i~.~_..!~2501.u___
309-313.027 1111912008 410 NW 3m 5t Bt1ck t 6.4 I Fa" 799532.533 960010.566 4 $1,600' $500 ,
i...309-311,-Q85. .1/2412009 418NWlll11^,~~~..__,_~~_'.__~.:~_L!:air 801a07.198 960425.857 4 $2,225 $500 I
309-313-1192 11/191200a 419NWll111Ave ; Bri<:k 8.2 I Fair 801957.~24 960429.151 4 $2.050 --'~'i--~--
'n ~E"9=32B3O ~ 11/'.!l,I200BTso4.i-M/.3;dsi..-.U-----------=--=---:--==1 BtickU --T2-"'F~i;'-'-799ii6i-:192 --'000800798 -3=r=:~E~~L.' ~=-_~:_j::_,:]~_~ ,.1.. .........._... ...................__......... ...
_ 3!l9-3!3-093 1111912000 1509 NW 11111 Ave Brick 9 Fair 801958.021 960117.745 U..--!~~L $500 i
309-313-102 1111912000 '514 NW 12tl1Ave Brick 10.5 Poor 802194.702 960039.803! 4 I $2,625 $500
3og:.Ji3-'108 1111912008 1521 NW 13th Ave k & C 7 Fair B0250183~1 959916.B43!4T~50
-~~9:c3.1~;.0~.~... .l.~!!__~@l~~~.!.1iA.~",'==: __...... __....!!~~... .... f5.~r Fair 8019572751 959809.3B 4 s"-i.375 _ $500 $352 {
309-313-103 11/1912008 L541 NW 12111 Ave BMck ..4 1 Fair __ -"iioii94:376L-959697:451'4" ""$1:000 $500 .___._.
--joo::,,13-109 11/1912008 551NW 13th Ave !k&~__~=-~l!ai~ -802502149 959523.628 4 $1.250 _ $440 _
309-313-104 11/1912008 557NW 121hAve ! BMck i 5.2 : Fair 802194.703 959479.977 4 $1.300 $500 __1__. $700 , $457 :
i309-313.()33 11/19/200B 612NW3rdSt i BMckr~Fair 8oo193.2B5 960791.784 4 $2,(l!~==-~~:===--.L:~-=:==F=-~..l.---=
.~1~:'!+~:~..'.. .~"!.~~~:. ~;I~z:EE;~~::=:;:~:~:-...-~...=ll~tl-~~~f~::;-~~ ~~~!l6~:,-.....:::~~~. --~-... ..-~f~it:...::}~il.....~j~-=:.--=j.=:=~_=~l=,~-..:.........:......:. .t~:
309-313-018 llf231200B BoyntonBeachBlvd . Brick !. 5.8 , Fair i 799047.732' !l6017~.316 4 $1.450i _~~_---+_'~i!F'..Ix_~..~ks@bottam -+--._
.309-313-113 11/231200BBoynton8eachB~~-'- Brid"[--5.5-'C-F.ir!~9048.924 961050462 4 $1375 $500 ~ =r
. 3.~~.:'~I~:.2_~o\... .1,,1.f:2~~~ilB:~~~~.il:':~~.B.!~~.~~~_~_~~~L..--.._~~~U.::~}=-~~~;:T=-7~g~,-5!l:'! __.~BlJ.~~.:!3.~7_..._.._4 $2125 $500~ J t ,
309-313.015 11/2312008 Bo,.,ton Beach Blvd & NW 3m St (S) Brick 10.9 Fair i 799048.2~7 960854'765 4 ..$:i:i25.-..~..i~iC.-~.::..-.=.. ::1.. ---_.:~:~~j. -~~_~~$:: ~=F~
iO_~313-017 111231200i~ Beach Blvd & NW4lhSt- BMck ---6.5 r-~~-;-;--=:;g9048.B411 960347.023 4 $1,625 ! i $571 i
309-313-<157 2/25/2009 ieasementbehind417NW7thave Brick 5.5 i Fair )800837.097 960553.091 4 '~75. $500 ~'l- ----r------.----
- jQ~:fi.~-{)6!... 1112ll12(),~Bl~~~.nt behi~d 424 NW 9th Ave BMck _C 9--:.LEac~: 1-~_'-171.~i 9604B6.535 4 $2.250" $791
309-31~~35___11121~q81E~~"!e~~_~h~n~~~_6~_~V~ __ ___ ~_n~k__. _5_~_~_Fa_lr ~ .800t79.6?3: !J~O.401~~3 4 I."'.""~'~~'?'?~"!'
~09-313-<180 11120/200B Easem~~tJ:0_v.!.____~_ _~3k_._ ~_,_F~_" -' _ _60148~.~68i._~5~8444~ 4 ._$1,25~i
:JCl.9-313-<126 11121/200B Easemenlbe~n/;ll!1,nJ&N~W4th._ __ '_Bric~ "_~4,?....:.....F:ai'.L 799215.3~ 960878792 ,4~._S.,1.','--,l, 2,',5,',:
.~2.~.!.~-{)2,!.. _ 11121/2008 E~ent E olG"laxy Park._ _ _ _ _ _ __ .;- _Bri5"_u '...i.--"-- Poor !._ 799344.B.l:1,,1 9ll1l.16Z ~9 4. ___.__$1 ,00.0
_ 309-,313-088 11120/200B Easement N of ~ ?~3'- . .._. _.____, B-"".k 1'- .~__f'.""-'--+----- 801B05 7~r 9~478].s_ _.4 _" __~.1. ',__.20,.._0:
309-313-054 1 21:1..512009 ,eas_eme~ S_of 416_NWnh ave _ _ Bnck ~.~ .. ~a" 8oo~14-?59i 9605Z72:23. 4 .$1,3~5.
3(j9-313-o.8Il._i 11/21/.2..~~"""'t S_ol 512 ~_'Hh~^-",,__ Uu _ ___ ,ElrI".k ,il.4 __~u ._B.?~~08 7'2 __ _ 96~3 9~ 4 .:~.2,lQ.O.
.-.----..-.-1
--.!
I
-J-.-
. ..-, ~--'-.__~________1_-
_....._.... '.__._E~~_...._.....
$739
309=313''(}24'T11I21I20o81E;;;';;;;-~;;;s'~fNW3cdAve Brick 5.5 Fa;r .~799200~97 960456.s69:4l $1,375
':309-313-077 .L11121I2OO81'E;.sementWof414NW10thAve : Brick 7.3 Poor 801485.711 860421.4~~. $1,825
'.i~i~f~iiJ.!~~1~BI~~fm~~!{:~~~~~:rn;~~;;;i='!::~:I::~~%~ =::;:::::~~~~~~.~:S~~:;:[~:1~~~~lr::'~:~.~~~:: ,,:, :,=",,'::,:::::~::: :::, :,:::::::,::: ...:.:,:,,,)~~:,~:J=
309-313.016 1112312008 '-IedianinfrontoI41511ovntonlleaohBlvd : Brick 1 8.1 Fair 799045.057 960457.717t--"1 4 $2,025,. -.--..".,.. .,.-...........-.--..-.,..,
I 309-313.{)62 1112012008 North 01906 4th'S! i Brick 1 9A Poor 801170.633 960279.304,4 -- $2,350f $1,000
309-313.{)81 1112012008 N'W 10th Ave & Nw3rd St I Brick I 9.4 Fa. 801686.174 960745.5191 4 $2,3501 $500
, 309-313.{)89 1111912008 NW 11th Ave & NW 3 . Brick 9 Fa. 80'957,726 960737.4931 4 $2,250. $500 Fix bad leaks @bottom
i..~!l~.21~.~.8_. 1111912~~ N~l~:~~ II. .N~:Jilii~=====--==}...~'!.'!<.. 6.5 Fa. .. ...._..8Cl.~.1.6~.~.~....._~.1260~~1_4._ ._I!B_~L..I!,!l!l.!l. ,..., ,.......""., "" .""" ''',. ,,,,,.,,, 1
I 309-313.c96 1111912008 NW 12th Ave & NW 3rd SI Brick lOA Fa. 802193.4491 980730.298' 4 $2,600 $500
I 309-313-056 11/1912008 NW 3rd St Brick 8.3 Fair 800044.188 960n1.881t~4 ~ $2,075 $500
I 309-313-<<29 1111912006 NW Srd SI & NW 4th Ave Brick 7.2 Fair 799697.404 980605.563~ $1.800 $500
,309-313-059 11/1912006 NW3rdSt&NW8!hAve Brick 8.1 I Fair 801006.534 9807ll43.56B1 4 $2.025 $1.000 $712
309-313-084 1112012008'NW3rdSt.BetweenNW1Oth&NW11th I Brick 9 I Fair 801806.55 960741.698' 4 $2.250 $500 i
i 309-313-044 11/1912006-~W6thAVe&NW3rdSt 1 Brick 8.6 I Fair 800056.545 980786.821' 4 $2.150 $500 HeBVYflOW!BADH2~~
1::;~~~t:1~, .~~1~~1~@ti~:li~ti~\:~=;~:--=~=:::~l.:~~ =~}-F~ ..._m :~:~~:~~~.- ~~~nH.1-------~~~~fxj. ......~~6~-.-. .... --------Z:~~-~~;+~~~Zj~~-'..".i.".
I . '6iioOll.66~0;1'~4326.~-2/2/1191'12oof200"'.'" ""'99" 11'O,'S,"Congs"'w". .,':-et"" ".",.", "" ",."... ...".."".", "".",.,., "-"'.".."'''.'''-~I' "BB"~ckck-..-!--- 74 ! FF-~a'ii;r"'.". "--77.9976-59"9206..-52"76-11-fl.--995554.329076.-~.3056.98J,.. '44 -.,~..-.$$-11".--'05000L - - - ."" m. m. .. ,.. ,." "..,1" ,,,.,, ,,,,,.. ,... ---
.":.,,~,, ~_, ",,"";;; _"'~ ; ";;'-" '* ._,___, -,-, .,,~ ,: - ----- --;";;-1==;;;~=-t:::
601-601.{)28 2/1912009 11403 Bol'llton Beach B1vO 1115 Brick 8 Poor 799624.6081 954194.4191 4 $2.000 $500 ____...:..___-------'----
60HlOH16 2/1112009_i~~~!!!~~inalleyEofbUlldll19 ; 6rick 10 Fa;r r 797864.~~61--_~139065 4 $2,500; I
_601-60H54",,!2!~~!!09J~rlTt.,IIA,~_i.~_i~,~~nofCOI]l!~"&OC8an 1 Brick 8.6 Fair I a; 0 4 $2,150 $500 I $500 --===r-me ~
601-601'{)53 2/1912009 iSOuthMH in intersection of Congre.. & Ocean i Brick 8.5 I Fair-l------~ 0 4 $2.125. $500 I ; $747
~:~~.:t~i~~=:::= 1~fl-K-ht?--~=~~t.tl~~ji::l=:::3:::::::{:~"j~
602.604-087 112712009 506SW '6,<11~t~ i,' Bock ;__~__L~ 1------7~5399cD3.c--_ 955433.34~L~_.L_.I1Jl.~.OL_. --. . $500 -1 __~i....-_
602-604.089 112712009 ,603 SW 15th St Brick 4 I Fair 796198.258 955679.3351 4 I $1,000! $500 i
).,602.604.079 112712009 T604~W15th.~~--' , Brick ___~~ F;;; ~!E~~_5661.~+-..i+-$1,00~--~1!!l. i . '-] $352---C
: --i~ii~~::' '~~~;il~~: ::!t=:~~~:::.=::::=::::,,=':-...+-i~~:.::::~}-~i.:~::;*':::~~E~::'~~~f~:~~K=:I-.i{-:im:u:~ :~~~ 1 :::;---. - -.-. ....=r=:::-~j~~.
~5'{)35 2I2I2Ilori'~o04sW1'ii;'-sl--- : B,ick"-'-4- -tF~i; I..... -794962o;iJ'g56'554:s3g'j"'.'4,"I'.$1,oo01'" '$5iio-+~-.----. ..-..... __._._.1___. -.----...---
Fii3i~lt~~~~i=iiTltl~II~II~tt,;~I!~~~~~:f-;=:~~ ....~_.....-
5 . "_L._"~,,,L._._____.__._.""__.~___~ ____"...______ ___._.L____L"...,,_ _~ !"."_.".L~_,,...J__..~. J
$500
$484
,----
L-
I
4-
;
$82e-!~
r-
I
I
I
.':::'::~~1_~_:~-=-r:~:
~~B~~k-_.!'.:.1 ["Fair l
Bock 5.6 i Fair
,Brick 8.4 I Fair
I! I
t' 609~9-O82 273/2009 '1005 SW 27lhove -~r 8,3 'Fa" 789121075: 956634,6051 4 $2.0751
t,- 609-609-079 27412009 1200SW27lhpl I Bnck i 4,5 I Fa" 768756.514: 955556.2861 4-1 $1.125!
: 609-609-061 3/272009 '1'211SW25lhPI I Brick !__~ Fa" OI___~-4- --!!c~gi___,J~~,_ __'
. 609=609-048 271112009 1241 SW 25lh way rBr;;k, 4 'Fa" 780031841, 955207,3()9[ 4 $1,000' "",,,,.,,,,.,,,,, ",,,,..,., ,...,."...."""--....- ----!-
609-609-057 312120091'301SW25th I Bock I 5~~ -79036o::ii16i.'-.g;;s15S:91'jr'.4" '..-S'{3501----$-500--
FS~f~I:EfE~:r_ :::! 1::: E,~i ::;:: r:~;r
609-609-026 ! 2f4l2009 11351 SW 26thave _~ 12.5 _ F8ir 789354_886, 9547.84.37 4 $3.125 _~_ ~H
. ~{~~t~:-: ~~~:: :~~:~: ~;:: _______________ i;_~;' J~-=t;~I=~~~r~I.:::i4i,~~~ : ::'::~*~1~,__~@_~.__::L,---- --------- . --------- ---------------------"
:~~:609_:O'E Ty~~~::: ;~_i:~:25ih:~:;;,--- ----- Brick 7 I Fair i 790355.0871 004672_397 4 $1.750,____,_
609-609--023 i 27412009 1443 SW 27th ave Brick ' 5.8 I Fal, 789163.711 954135.37' 4 $1.450
"-OOg::w94Jo1 I 27312009 11460 SWE 28th avo Brick 4 Fa'r! 768447_275' 953925.388 4 $1.000 $500 I
,609-609--024 27412Oli9 1,473 sw 27th avo Brick 5.4 I Poor ' 789184_215' 953919M2! 4 $1.350 $500 I i $475
__~~:::~ =~l~~:: :~:: I :: L:l_L ~::; i ;:~:::; ::~::: _,~}=~~i~;_---$5oo-.1._-_.,,,,.j..:,,,.,,,,..,.,..,:,.,".,'..~,,:,.,:,.',,-.-.~..".'_-,..._-1..-_-._---.. $~~~_6-.-_-=-_'._.__-=iF~::
..-.-_....6O~_.._~._~..-.6.-00_'.-_~.__"_-00_.~5_98_._ _... .1._"'.~,I_~.'/20..2,.0,09_00-""".......f.122.-.55.-343".3. _'.'S?_"W'!'_"_"._'~..'.3~_".'!h!h_,.,,_,cI~_'.'._"_'_"_"""."'_'..--.-.~-~--"--.''''--.-----.:- ~~.J 4 I ~ 790108_971 955167.S41 4 $1,000 ___ $5oo'.'l:: :'_:~.::,,'::.:'.::: __
~ ~ ~ . ' Brick i--i;--T Fa;, i -7iioo99:i-62r--954943:j2 ---4------$1:250 -"--"T
609-609.041 L2I8/2009 254QSW 14thcl#38 Bock i 4,3 t-- Fai, I 789994,022_1 954415.234 4 $1,075 --$500 --T- ; $700 !
-s{liJ:ilO9-1Ql"! :mJ2009 ~1"sw 1Othc;, Brick I' 4,5 Fai'! 789723,565L 956564.6E_ 4 $1.~25 T--"_, I
609-609-049 ! 211112009 2560SW 14th" Brick. 9_6 Fai, 7891l46.541j 954659_245r 4 $2.400 $500 .----: $844 I
-'1 m'~, ~". ,~. I ~. ", ~ ".~=I _ml' ''''00 ... -i--~=:~,-- _ _ __ _.___"',._.~_
- --6O~609-09-09903 'f..- ~0099 2~758986: -SS-W~-,',-Oth' 1I1_,C,'--,,___ "" ,,,.,,,, "" "'."..""... ",,,,,,,,.. """" ,,,,,,...,, BBnnCckk '48._44 FFOO'" rr ,!,'"..".....7878'~8",446'.'25' ,~:.,63...62.'4?"!-" ....~95..,,57".94liO.;;;:_8!.19.22J- -44 $$2,.",0000 $500 -I, . - ...,,, .."., ",,,,,,.,,..,,,,. ".,...
~ I ~~~ l' v r - ---------'Rxbad ieaks@bottom
-E";,tP;;~;;;;;" ,;;Edsw-;4lh;i----'---------T-Brl~k-T-5:i". 768901_900 $500 i __-L-__
'..E.';;.jd~.;;t"i~~~on SW 27th ~& sw 14th~---fB;I~6~1 789096_688 '~$500 ~
N of 14&:1A__~W_25tl1 way '4 789856,276'
NE comorof 1457 SW 25'h pl 4
S ond of 1442E SW 26th ave 5_ 1
SW 14thst& SW 25th way 1 9.6
, 'W"~id~";;.irt~~~~.SW-27th.;;;.&.'SW-1-4th~~~--.] -..."r--e"jUO-
609.60&-008 i 1112112008: 100hw 24TH Ave,
-il"il9-:SOS:O'OO'" 'ii; i221200sTlo26sw 23m Ave.
--609-6'08-010 !111211200a!1059SW24thAve
3 !
700816_421, 957228_167~
791054.1351 956681.642.' 4
790788_7231 956655_0321 4
$1.275!
$1,400!
$2,100!
$500
$500
$500
$700 I
~
!
;--
i
$492
I
I
,,- $500 I $475 r--
,
i $500 , $1.477 I
I $484 I
I $413 ,
$700
,
$615 i
$500 i ,
; I
'-SOg:60i:HJ1S---I- 274i2009
.sog:6.~~P1LL~~OOg
609-609-040 ! 21812009
6Og:-sogi:'o44 ---2/8/2009
, 6o(i:6o'9-=-0'3if"'- 21812009
. oos:6'oio4il-T2I11f.roo9
. -6ci~Og:Q22- --i--21.v..oci9
32
$352
$352
Grand Total (nol inch"
$256.314
[IT' OF DELAA' BER[H
DElRAY BEACH
.....
Ail-America City
1111 J!
~. "'_; I,.
JUl1e 10, 2008
1993
2001
Gary Czajkowski, President
Chaz Equipment
3180 Fairlanc Farms Road. Suite I
Wellington, Florid 334414
RE: Bid #2002-37 Sanitary Sewer Manhole Interior Renovation
Contract Extension
Dear Mr. Czajkowski;
The Deltay Beach City Commission, on May 20. 2008, approved the contract extension award of
the above referenced subject to your company.
Term of the contract shall be from October 01, 2008 to September 30, 2009. Services shall be
ordered via individual purchase orders and/or blanket order releases for the term of the Contract.
''']'he City Manager may renew the oontnu::t. at the same tenns and conditions and prices for four
(l) consecutive tenns of one ( 1) year subject to vendor(s) acceptance, satisfactory performance and
determination that the renewal will be in the best interest of the City"
Thank you for your interest in the City of Delray Beach. If you have any questions in regard to
tlus matter, please call me at (56l) 243-7161.
Sincerely,
)"J7 /1 ),
.' ,:i (~~ Ii i1~(r C.
Patsy NJ ai, '~urchasing Manager
Cc:
Joseph Safford,~CC Director
Richard Hasko, Director of environmental Services
Victor Majtooyi, Deputy Director of Public Utilities
Scott Solomon, Manager Water & sewer Network
['RECEIVED :
JUN I 22008 '
.,___ i
. "."-----::::..-::==-d
SERVICE' PCRFC\P'v,ANCE" I~.IT[(;QnV . RESP()!'J~;r8Lt . I~Jr.J()VATTVE . TEAMWOQK
I
J
- 95 -
MAY ~ ZOOS
A Regular Meeting of the City Commission of the City of Delra)' Beach,
Honda, was called to order by Mayor Rita Ellis in the Commission Chambers at City
Hal! at 6:00 p,m., Tuesday, May 20,2008.
L
Roll call showed;
Present - CommissiOl'lCl' Gary Bliopoulos
Commi~ner Fred:S. Fetzer
Omunissioner Woodie McDuffie
Commissioner Brenda B. Montague
Mayor Rita Ellis
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Lanelda D. Gaskins, Acting Deputy City Clerk
b
The opening prayer will delivered by Commissioner McDuffie.
The Pledge of Allegiance to the flag of the United States of America was
~
given.
~
AGENDA APPROVAL.
Mr. Eliopoulos ~ that UelU 8.A., Request for Side1rt.1k
OererraJ/lOOl S~ Cilceau ...~~... bel. ,roowd from the Consent A~nda to the
Regular ASerfda.88 IhiiBJA.A'; '....~..t ~for ~alk. n.ferr.JOt2 ?111m
D:d be moved frOl)1 the CoIlsent "to~ k~l8t Apnda .'.. 9..A.A.A.. and
Hem S.C..' '. be l1l()\l'W frotn the
Consent Agenda to the R.egular A~ a~t.A.A.A.A. .
Mr. Eliopoulos moved to approve the: Agenda as amended, seconded by
Mr. Fetzer. Upon roll call tbe Commission voted as follows: Mr. Fetzer - Yes; Mr.
McDuffie - Yes; Mrs, Montague - Yes; Mayor Ellis - Yes; Mr. Eliopoulos - Yes. Said
motion passed with a 5 to 0 Yole.
~
APPROVAL OF MINU'n:s:
Mr. McDuffic movoo 10 approye the Minutes of lhe Regular Meeting of
May 6, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mr. McDuffie .-, Yes; Mrs. Montague - Ycs; Mayor Ellis - Yes; Mr. Eliopoulos
-- Yes; Mr. Fetzer - Yes. Said motion passed with II 5 to 0 votc.
OS/20/08
- 96-
Mr. Eliopoulos moved to approve the Minutes of the SpeciallWorkshop
Meeting of May 13, 200s, seconded by Mr. McDuffie. Upon roll ell-II the Commission
voted as fotlows: Mrs. Montague - Yes; MayotEUis - Yes; Mr. Eliopoulos - Yes; Mr.
Fetzer - Yes; Mr. McDuffie - Yes. Said molion passed with a 5 to 0 vote.
" 1
I
I
!: PROCLAMATIONS:
M National Safe ao.tln Week - Mav 17-23. :Z008
Mayor Ellis read IlIld presented a prochunationhereby proclaiming May
17-23, 200& as National Safe Boating Week in Delray Beach. Ron Barrett and Tom
Thayer of the United States Coast Guard came fOlWard to accept their proclamations and
gave a few brief comments,
~ R~~SffterMifrv.ClareFeuddl
Mayor E.Ilis r'eadand presefited a ptoclamatiOfl hereby extending our
appreciation to SISTER MARY 9LAR'E ~'ELL for her spiritual leadership at St.
Vincent Ferier Catholic School and wish her all the best in her retirement years and
future endeavors. Sister Mary Clare Fennell came forward to accept tbe proclama1ioll
and gave a few brief comments.
1. PRESENTATIONS:
LA.:. NONE
.t CONSENT AGENDAVCi'ty Manager Recommends: Approval.
b1.,. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.8. THIS ITEM HAB BEEN MO\'F1D TO THE REGULAR AGEND^
AS IU:M 9.A.A.A.
8.C. THIS InM HAS BEEN MOVED TO TlIE REGULAR AGENDA
AS ITEM 9.~.~.Ath.
8.0. ACCEPTANCE OF . RlG1p'-9~-WAY J)EDICts.TIONl321
PINEAfPLE GROYE.WAY: Approve andaooept a right-of-way deedbl;tween the
City and 321 N.E. 2"1/ Avenue, LLC, r~r the property located lit 321 Pineapple Grove
Way (St. Georges Suites).
8.t:. ACCEPTANCE OF SEWER EASEMENT DEEDS/ARNST OCEAN
AUTOMOTIVE: Approve and accept two (2) easement dee<ls for 12-foot sewer
easements al AmSI Ocean Automotive and eXlcnding south inlo the property adjacent 10
Arnst Ocean Automotive.
- 2-
05/20/08
- 97-
Us CHANGE ORDER NO. IfWEUZ. COMPANY/SEACREST
SOCCER COl\fPV:X PllOJECT: Approve Change Order No.1 to Th.e Weitz
Company for an 18 day extension of time to complete the Seacrest Soccer Complex
ProjC4;t. No additional fundtng.is required.
B.G. ALTERNATIVE WATER SUPPLY GRANT
APPUCATIONISOtrra FLOlUDA WATER MANAGEMENT DISTRICT
(SFWMD): Approve and a.uthorize the Mayor to execute an application for an
Altemati ve Water Supply (A WS) grant for the 2008/2009 annllal grant cycle with the
South Florida Water Management District (SFWMD) which provides supplementary
funding for the next phase of construction of the City's Reclaimed Water Transmission
System.
!J:L ADIU'J'lONALFUNDINGlHQJW;TOWN CONl'lECTlON
NEWSLETI'ER.:. Approw and authdrize additionai fundingm the IImount of$l,S01.00
for Pollaclc Comrn~.lU'ld in the amount of $9,726.00 .f<)r eM Graphics for the
pl'oducliol1 oftRe ~COl'lDCClion Newsletter (or the remainder orFY 2007.2008.
Fwdjog is available from 001-1316-512-34.90 (General Fund/Other Contractual
Services) and OOI-1316-512-47.Hl (Oel:leralFundIPrintinglBinding Services).
i* AGREEMENTINEW INNOV A TfONSISUMME.R ENRICHMENT
PROGRAM: Approve an agreement between the City and New Innovations for a
Summer Enrichment Program. Funding is available from 001-4105-572-34.90 (General
Fund/Other Contractual Services).
8.J. AMENQ~ N~ . lfINJERLOCAL
3 w
. Approve an aUemative Amendment No. 1 to the Illterlocal Agreemen1
between the City and tbeCommunity Redevelopment Agency (CRA) for
construction/renovatiolls to 135 N.W. Srh Avenue. At the May 6, 2008 meeting,
Commission approved Am<mdmeut No. 1; ho~er, the CRA's attorney drafted en
alternative agreement that also provides funding by the CRA in the .amount of $30,000.00
as D. contingency and the eRA accidontaUy presented this one to their Board.
~ AGREEMENTIMAE VOLEN SENIOR CENTER. INCJMEALS
PROGRAM/CONGREGATE: Approve an agreement between the City and Mac
Volcn Senior Center, Inc. to provide congregate meals for seniors at Pompey Park
Recreation Center.
S.L. APPUCATlON FOR RELEASE OF RESERVATJONSIMIDTOWN
DELR^Y: Approve and authorize the Mayor to execute an Application fOf Release of
Reservations from the Board of Trustees of the Internal Improvement Trust Fund which
rei:ommends full release of a 20-foot road reservation.
8.M. AMENDED GUARANTY AND WARRANTY AGREEMENTSfBOB
FEDER...~PIEL PARKING GARAGE: Approve Amended Guarant)' and Warranty
Agreements for the Bob Federspiel Parking Garage.
.3.
05/20108
- 98 -
~ ~~EltNATION~ COUNCIL
J?pR LQCAL E ,> ..,; ',' ........ . . ..L > .', '. .', Approve a reqilestfrom the
Green Task Force to .kihi'tetEI (htterrlatiottal Council for Local Environmental
Initiatives) at an annual cost of $1,200.00, Funding is available from 001-2911-519-
54,20 (General FundlMemberships).
8.0, SPECIAL EVEr:g; REOUF-ST/4,h OF JULY FESTIVITIES: Approve
Ii special event request for the 4\ of July Festivities to be held from noon until 12:00
midnight, including granting a temporary lIse pennit per LOR Section 2A.6(F) for the
closure of Atlantic Avenue from the east side of N.E.lS.E. 611I Avenue to Ocean
Boulevard, and from the south side of Thomas Street to the north side of Miramar on
Ocean Boulevard; 10 waive City ordinances 101.25 "Commercial Enterprises" arid 101.32
"Assemblies" to allow assembly on the beach and vendors; to allow all beach. parking lots
to remain open to approximately midnight; and to approve staff support for security and
traffic control, street barricading and banner hanging, new large stage and mall stage set
lip and use, EMS support, ute of City generator, signage, and clean up and trash removal.
~ 1
j
~~y~", ,OF, A!'~-\LABLE LAND DEVELOPMENT BQARD
AY{IONS: Accept the actions and deciliions made by the Land Devaopmetlt Boards tor
the peri6d May S. 2008 ~ May t 6, 2008,
8~O. AWAiM)0F'D~"-_t~S:
1: Contract I1W8rd 1i)Chaz Equipment, Inc. at aaes-timated annual
coot Of$~iOOO,{)O-by rtt1eWal and cxten&il:m of the~wirtg annual
cOOtract '"tIMet cfhe s~ terms, condimmsand prices fur Sanitary
Sewer Manhole Interior RthabiHtation. Funding is available from
442.S11g~5J6-6H;2 (Water/Sewer Renewal & Replacement
Fund/Sanitary Sewer Mallhole .Rehabili talion).
b Ccintract award to J & M Pipeline, Inc. in the amount of
$43,650.00 for cleaning an existing 16" force main under the
IntrllCoastal Walerway for use as a reclaimed transmission main in
serving Area 1) & 12 oftlle Reclaimed Water System, Funding is
available from 441-5181-536-65.96 (Water & 'Sewer
Fund/Reclaimcd Water Transmission),
:1 Purchase award to Emergency Yehicle Supply (EYS) in the:
amount of $78,221 ,79 for the purchase and installation of nine (9)
police vehicle equipment packages for thePatice Department.
Funding is available from 001-2115-521--64,20 (General
Fundi Automotive),
i Purchase award to RiddclVAII American in the amount of
$14,714.00,10 BSNPlIsson Sports in the amount of$I,767,35, to
Gulfstream Sports Group in the amount of $1,415,90, and to GL
Sports in the amount of $6] 8.50 for the purchase of football
- 4 -
OS/20/08
- 99-
__ : i
CITY DF DElRRY BEAtH
DElRAY BEACH
~
, III ff
April 18, 2007
1993
2001 Gary CzajkOWBki, Pr~idmt
Chu Equipment Co. Inc.
3460 Fairi.me Fanns Road, Suite #&
WellinBton, Florida 33414
RE: Bid #2002~37
Sanitary Sewer Manhole Int~or R.ehab
Annual Contract - 40. Year RenewaJ
Dear Mr. Czaikowk-,;
Our City Commissioll, on April 3,2007, approved the one year filInewal with your company for
the annual co.l'1tracl: for Sanitary Sewer ~Je Interior Rehab.
Tenn of the contract will be from October 01. 2007 to Sept~ 30.200&. Items wiD be ordered
via individual purchase orders and/or blanket order releases on an "as needed" basis for the
contn\Jct term.
Please forward to my attention, an updated certificate of insurance, naming the City of Delray
BeliCh as additional insured a.t limits specified in the bid package.
We would like to.tlWrlc you fOr your good perfonnance 11M i.oterest in the City ofDelray Beach.
If you have any questions, you may contact me at (561) 243-7163.
Sincerely,
Cl!-Lflk~ 7? <TL'rW'J
Ja~yn Rooney
Purchasing Manager
cc: Joseph Sa.fford~ce Director
Victor Majrenyi, Deputy Director Public Utilities
Richard Hasko, Director of Environmental Services
Scott Solomon, Manager Water & Sewer Network
('*-,
0........;,..
E
".':'
- 1 00 -
FROM : CHAZ E:G'iJIPMENT CG.-,
FAX NO, :5613332180
Rug, 292006 e2:12PM ~2
, . "'6;$;~(;!:,:~;'~;~~!;';i';~,,,~, \' ", "
liT'" DF DElAR' BERCH ,,'t ",,"':,:;:'ii1):~;.d,~tj:.:,,:,_., """"i\?1,~,. i, ..
&. T 'j" o':(.,t~-;'h(f:'~'~";.t'~(f "'l~'k'.""."" ,.'
, ,., .. ' ._, ."," ',:' ',.,c',',l~:~'.,'i,',.,. ..;, ' ~ ~ :\l 1) (.j-:'-"',l~ /t\:~~l~r~~}.' . ,~I\I ~':'" ','., 1'1. .,}:.... :.;, . .'
. L r" t' ...~...:,;y~.3. hi'~~-.t... ,~:~i.;~..;, '{w.~...l,~.,."I;':"j~li'\'~", ~'",w., ,,:, " ',~~ 'l:I'~ .' or' or
L)EI,RAY !lEACH, CLORIDA 9M/I,~ lit11/~4~i-7()nll
'OElllAY 8~^CH
, L II I I -II "
-
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Ino N,W. 1,[ AVF:N\lb.
July 12,2006
19'11
2001
Gary C?4ikowaki, President
Chaz Equ!p~ent Co. Inc,
3460 !~siriane Road, Suite #8
Wellington, Floridll33414
1UlF: Bid #2002.37
Sanitary Sewer Manhole Interior Rehab
Annual Contract, 4111 Ye!ar Renewal
\
Pear Mr. Czajkowski;
Our City Manager, on July 05,2006 has approved the one (1) year renewal with your comptny.for the
ttbove referenced Bu~iect, .
Term ofihe contract wi!! be from 'October 0 L 2006 to September 30. 2007. Itcm(s) shall be ordored
via individual puroba..'ltl order! and/or blanket order reJea.'lell Oil all "all needed ballis" for the e<mtr8ct
"
term. .
We would like to thank you for yO~r gond service and intet"Cst in. the City of Delmy Beach, lfyou. have
IIIlY qutlstionll, you may reil.oh me,at (561) 243-7163, .
/
/
I
Sincerely, I
?t-~.R~
Jacklyn Rooney
Putchasing Manager
c-;: .rO!leph Sa.fford~ce Director
Victor MaJt~nyi, Deputy Director Public Works
Riohard lla.,ko, Director of Environmel1tal Services
Scott SoJ.omon, Manager Water & Sewer NeL"""Ork
fY?tr.:;.'1, ~,.:::.,~.'y::r' .'.1~:f::~:';".'.',,: -":,~.'.
I JUL 1 8 2006
I
I:~~:,~(:_.. ,'''---' "........
@ Prl/Jl~d OIlI1~")lo).rJ F'1q.J!"
TH[ EFFORi' ALWAYS MATTERS
- 101 -
FROM: CHAZ EGlJIPMENT CL,..,
FAX NO. :5613332180
Aug, 29 2006 02; 13PM 1=>3
tiT' DF DILRR'" BERtH
~
.
I ,.~
,
. p~LIt4.Y Br~C~
..
'IIII!
1 VO \II.W. 1 ~I AV.:,NUF
1~l'it.HAY BEACH, r-1..l1HltJA 33'~44.
~a 1I~4:'l..'7' 01;)0
June 26, 2006
If'~~'' ,:","-,~. "'r""~'::;":"':':"""':';'__'
r .JUI-; 11 B JD06 !
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Oa!)' CznjkUWRkl, PNshient
ChazEquipment Co, Ille,
34,60 FaitlallD Fartl'18 Road, Suite #8
WeJlingt.oli, Florida 33414
REF: Bid #20(}2-37
Sanitary Sewer Manhole Interior Rehab
Annull..! Contracl~ 41111 Year R.encwlll
\
Deaf Mr. Czajkowski;
(
The annual contract for the above rcferetlOed Hid eltpires on Soptember 09, 2006. Per page #5., Section 20
"Renewal" of the General Condition! of this bid (laokage: "The City Manager may renew the can1tao~ at thEl
same terms, cotlditiol18, and prices for four (4)consooutive tcmns of ono (I) year IUbject to vendor(s)
acceptance, sa.tlllfactory performanco and determination that Ienllwal will be in the best interest of tho City",
Please advise If thlA extension of your contract lit prices quoted in your original Bid. dated AugUst 27, 2002
would be a.cceptable.
Respond by signing below !1M returning one original copY' to my IJ.ttentj{)~ Jacklyn Rooney, Purehlllllng
Division, CitY of Dolrs.y Beach, 100 N.W. First Avenue, DlllrllY Beach, Florida, 33444.
\.
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"
Si~'t~;:C---" .-
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~ ',~/-(til'}S6.1~.~_
Name (p t) V
co: J080ph Saflo~~~ce DIrector
Sincerely,
9~M~.l?Ci1JW.)_ /.
Jacklyn Rooney. PurchlUling MIl98S11f
. / ..
."~~bY agr e' t~ the.on~/(l) ~ar eXC~-~lon ofthe ~~~ject Bid
1 a~'aJ1abl ttl provide II one (1) year extension ofl'ho iubjeot Bid
-1a.: .~;) c; ,. (l?
Date
@ r',"H~w~ fin F/r'Cyr.;;VIJ :r;,rti)ifl
TH[ EFFOf1T Ai.WAYS MAnrF{~j
- 102 -
I.
tt}^rJTY DF DELHIY.IEA[H
. ,
'00 N,W. 1.\ AVENUg
'~~_,/~':"
.'.In'''
DELRAY BEACH
~
AII-Ameilca CUy
, fll'!
"
DELRAY BEACH, FLORIDA 33444
561/243..7000
July 15, 2005
R_ECRTVJ~D
JUL 2 0 '2005.'
1993.
.20D1
Gary Czajkowski, President
Chaz Eqilipmel1t Co. Inc.
3'460 Fairlane Farms Road, Suite #8
W~lling~o~1, Florida 33414
. '.....,It;..,''',,.~,.,' d'..... ...,.....u.."......'....:.....;..;.oI.th:l,-.-~ ,"'.:' ~.,n,.. ,.r.o,
/
RE: Bid: #2002-37 .
Sanitary Sewer Manhole Intenor Rehab
Animal Contract - 3rd Year R,enewal
BY:
~
.. '",.. . ':. """.~.." - .'" .. ,. . "",.."", .", -H..:iJ....' .' I" . ~,'
"\
Dear Mr. Czajkowksi;
'":,. ~,
(~:::.:..
.. ....~
Our City Manager,. on July 14, 2005, approved.the one year renewal.with yout company-foI' the
annual contract for Sanitary Sewer Menb.ole Interior Rehab. .
Tenn of the contract will be frOm October 01, 20Q5.to September 30,'2006, Items will be ordered
via, individual' p1.lxchase orders and/or blanket order .releases on an "as needed!' basis feir the
contract telm,
ptease fo.rward tei my attention, aJ.~ updated certificate of insurance~yulm1il1g the City of Delray .
Beach as additiol1al insured at limi.ts .specified in the, bid package..
We would like to. thank you~0r your good performance arid interest.in the C.ity of DehyBeach.
If you have any questions, Yi1 may contact me at (561) 243.7163.
, /
Sincerely, . /
c;rJJ4~R O/)yV~~
J ac1dyn Rooney
Purchasing Manager .
cc; JosephSaffor~ance Direc.~or
Dan Beatty, DeputyDirector Public Utilities
Richard Hasko, Director ofBnvironmental Servires
Scott Solo.11'1.on, Man,ager Water & Sewer Netvvorlc
~ Prinl&d ('11 R~Gyc{ed Pitp~r .
THE EF'I=ORT At.WAYS MATTERS
- 103 -
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CITY DF .DElRAY BEA[H
.
,
D~tRA,( BEACH
-
1lU/!
1.00 N.W. tHI AVE.I\H!F.
Jl.ll1e :28, 2005
DF.LRAY AFAr-H, FI OlllnA ~\:j.i~"
00112.13 7000
19~3
200 I
Gary C:zajko>lrski, Pre$ident
Cl1az Equipment Co. Inc,
33SO l'ilid~~.:t:~.~cl";!!~6
. Wr.\Ilingron, Floridi 33414
REF: Bid #200Z-37 -Sa~j(ary Sewer MMhoJelmedor
Reha.b - Annual 'Contract, 3rd Yee.r Rcllewal
',. ~
'.~
.~, ,
,
,~.:.~'/
.~:;>.
Dear Mr. Czs.jkowild;
The Il.nnu1!1.110ntnlct for .lhc ~b:oYr:: referenced Bid expires ol'l.Septe"mber 30, 1005. Per page #5,'S/lcri6n 20
"R\lnewal" of the General Conditions of this bid paokage, "The City Manager. may r~ew th$ contrAct, at the
Baine terms, oonditions, and prioes: for fow (4) conseC\ltive tenns .of one.: (1) year subjeot to'vendor(s)
acceprance,satisfactrity performance lIJId. determination that renewal Mil be in th& beat lntl;reS.1 ofche City",
. .
Please adyiB~ if this e:ttension of your oontract at prioes quoted in your Biddat~d Al.IgUB! 27, 2002 would be
aoceptable.. . .'
Please respond by si,inini..bilow and returning one original copy to my .attention,.]acklyn Roopey, Purohasini
Division, City of Dl!l'lny Beach; WON, W, -First Avenue, Delu'Y Beaoh, Floricl.a; J3*44;~'- - - . .
:,...
W:,:
. Sin(;~re]YI
~.:r.~~V\. if)~~'~'J:'~.t..<' 'J;'" /'
Jacklyn Rooney, I'l.lrchanng M'anatl'jr .
~. .
~~herebY agr~e the one (l[~ear oxtenaiOll of the subj~ct Bid
provjcle a one (l) year extension of the subject Bid
..."..........n:.r.._......-.....______,......
a. ,t'
.. 'f}f0 lAwS ~;.
7.-(:2 .Os
DatI:
~ PmU'-~UU'1 &'n'a-h.ldP,"/IJr;/
T, I' -E 1 I (! t"ll A r WAY <.:, M A I I ,. U <..:
- 1 04 -
L., ,
....'t 100''-'-1 ~I " ",,",,'-I LVl j .
-'~u I r.J":'
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J.t:!.;,J.
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nTYDF DEIAAY BERtH.
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1..i.~UW' B tl-CH
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i",' tI WI'" ^V.NIII
, 1111 HAY flF^(:II, 1-1 rlnlp^ :l;j~~'1 . !;l'! 1/;:4~ 7.000
11)().1
:W(JJ
January 14, 2004
, ".Mr. Gaty CZa]kO'iJS)d '. . '"
3460 Falrlarle' Ferrh. Road., #8
Wellington, F'lorlda 33414
'" " .," .,." ~... ~
,./
To whom It may C'oncem,
This letter is to confirm tha'tthd- ~~~lIllraY Beach COlifl"lilct'#2002.37 to'r ~anrtarY fiewer ManhoiL
I~ter~or RehabJlltstlcm - Annul'llc;t~~ ,I~an open~eM.(1$d unit-prlce.OOntrlct appllcabfe to one or
) loro,unlt m~sur.emBnta here,",Wtth rio limIt on 'prfce:total eo 101'10 as unit prfc8srel1'laln eonstant In
. accordance to the' contract document. " " . , ,
. CO!lslde~Uon In awarding rehilbl/ltailon 'of eanftsry m'anhole to Chaz eqUrpm~ri~ Oompany In. . .
accOrdsn?E' With the 'above <::~i1traot by I.Inlf prJps C1onel~eratlon and With9'4'lIri'1lt to;tOtal su.m by any
municipalIty or governing bOdy withIn tfle State, of Florl~a may b~ glve,n un~et.plggYback
provIsIons W~~H./t~L1~h.e~ .n~~~ of~pprli1yal f~m thi:!, CIty of De/ray 8.e'!'!l'eh. .,. , .. ,
\
\
i~Oeref~Y'M jJ ..
) ~.
. Patsy d " BI,./yer ,
CIty . ray Be.!lcM
!
!
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. ./
Co: Jossph SSfford,~e Direotor ,
, Jackie Rooney, ~;slng Mar'lillger
\
~ }Ifmlfltlu Qf1 H.(WIII~#1rll..rI"'\r
THE EFF()RT AllAldY", f\J1 A:"'~h~
- 1 05 -
I r-ry DF DElRAY BEA[H
"..'IAY BEACH
~' :,
AII.Amedca G!1y
, f II ,! ~~ C"jkow,b
Cha~ Equipment Co, !ne,
3380 FairlaneFarmRoad, #16
Wellington, FL, 33414
,"
August 19,'2004
100 N,W, 1st AVENUE, DItLRAY BEACH, FLORiOA 33444, 5611'243'."/000
1993
2001
, SEP,O 8 20D4
REF: Bid #2002-37 Sanitary Sewer Manbole 'Interior Rehab
Annual C~ntr!lct - 211<1 Y~ar Renewal, ' ,
'q .~ ,>or.,_, .
/
Dear Mr, Cza.jkows~;
Our City Manager, on August 18,2004, approved the one year renewal with- your company forthe
annual ~ontraet Bid# 2002-3 7-Sanitary 'Sewer Manhole Interidr Rehab. ' .
<.. "'"".'
T~rm of th~ contract wiU be from October 01, 2004 to SeptembedO, ,20,0;;, Items will be ordered
V1El individu~l purchases orders and/or blanket ~eleases on an. ','as needed:' basis for the oontract tenn,
Plea.~e f01"\\'ard to my.attentii:m. an upd~ted r;ertificate of insurance. namin,I!,the City .')f Delr?>v Beach
. as anadditiona1 insured at li,mits specified in the bid package.
We, would like to thank you for your good service and interest in the City of Delray Beach. If you
have any questions, yoil may contact me at (561) 243-7161.
(j. cerely, . . .. '
. tI4171~ '
Pats#,adal, Buyer . '
co: Joseph Saffor~an~ Director
Dan Beatty, Dep. Di{ector ofP.ublic Utilities
'! '
Scott Solomon, M~nager Water/Sewer
i
. .
--
~.o_.,
THE EFFORT ALWAYS MATTERS
- 106 -
. )
. .
~!H DF DElRRY BERtH
~. ,
. Alf.ArnerlcaCity
\ (Ill! G.~ C~jkowsn
'1993 Chaz E,quipment C~. Ine,
2001 3380.Pairlane Farm Road #16
We1lington, FL 33414 .,
"
100 N.W, isl AVENUE. DELRAY BEACH, FLQRIDA 33~~~' 56!/243-7D,oo
July 14,2004
JUL 'I. 6 ',uu!t
REF: Bid #2002-37 Sanitary Sewer Manhole Interior
"., , . . Rehab,,..... Annual Contllact
2"d Y~ar Rl;newal
1\ .,.. ~','" '../ ,'.
., ~I~... ~
Dear Mr. Czajkowski; .
The annual contract for the aDovereferenced Bid eXpires on S~P"teI'l).ber 3D, 2004. Per page #5, Section
20 "Renewal" Of the General Conditions of this bid package, "The City p..1ariager may renew th~
contract, at the same terms, cpnditions, arid pric"es, four (4) consecutive term(s)of on~ (1) year(s)
subject to vendor(s) acceptance, satisfactory perfOrmance andd,etermlnation thi/.t renewal willbe in the
best interest of the City".., .', . ..', ' .
Please advi~e if 'this extensi~n of YOI:11" contract~t prices'quoted in yourB'id dated August 27,2002
would be acceptable. . ,
You may respond by signing below and returning cine original copy to, my attentio~, P~tsy N~dal,
Purchasing Division, City of Delray Beach, 100 N.W. First Avenue, DelrayBe;ach,'FI6ridi,33444.
Sincerely,,:: ...,'. .
" \.--..~:.); $1 /.: 17.'/1/ ---' ,:
PatSjl adal, Buyer l
I
;'
j. '
ee to ~e one (l)year extension oEthe subject Bid Pa~kage.
"
~e one (1) year extension of the subject B,id Package.
7 /;)7 !a~ '
Dale /
.~; kowskr . .
v
..-
ce:
Joseph Saffori,1.1kance Director
Brad Miller, Chaz E'quipment Co. Inc,
TI-l" l=FFnFll' ALWAYS MATTERS
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pry OF DELRRY IER[H
- ,y BEACH .
.~~~'~ .\~~ ~I 'Ii I ~l AV:ONl)iO
AII.Amerlca City
~ (I'I'.J~!.
July 18, 2003
'JUL 2 5 2~03' ,
C,~'_F.AJ 3EACH, FLORIDA 33444 561/24:3 -7000
1')<).1
2!Xl.I
(}ar; Czajkowski, President
Chaz Equipment Co. Inc.
3~80f1airlane Fanns Road; #16
. Wellington, Flonda 33414
;,. ...." . . . t ;1.,....:.
RE: Bid #2002-37
Sanitary Sewer Manhole Interior
Rehab - Annua~ Contract
,
\
I?ear Mr. Ciajkowksi; .
. Our City Manager, on' July 13, 2003, apl)roved the one year renewal with your company for the
annual contract forSanitary Sewer Manhole Inteno.r Rehab. .
. ~ Term of the contract wlll be fmm October 01. 2003 to ~~ptember 30, 2004. Items will be ord~red
. via individ!lal purchaSe orders and/or b~anket 'order releases on'im "as needed" basis for the
. contract term. .
, )
,Please fOiward to my attention, an updated certificate of'insuran~" nap1ing the CitY of Del ray
. Beach as additionar'insured at limits specified in the bid package,
We. would' .like to thank YOl,J. for your good service and interest in the pty of Delray Beach, . If
you have any questions, y~ may cont~ct me at (561) 243-7163,
I
Sincerely, . I
~R~'
Jaikl;rn Ro~ney .' '
Purchasing Manager
cc: JosephSaffor~,~e Director '
Dan Beatty, Deputy Director Public Utilities
Richard Hasko, Director of Enviro'nmental S e",ices
Scott Solomon, Water & Sewer Network-Manager
@ p ..rt~{r!'~ ..."t: Q~f!:tCl'd F'Bp,r
THE EFFOHT Ai..w;>.'($ MATTERS
- 108 -
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t'I~DtDELRRly oSER[H
). 'WA"C~
..r:..~
AII.Arneilca City
IIIIJ'
.. .' . - - F:"C= .; ~ J ~.: ~ ~
56 I 2...:. :3~7DG',)
June 25, 2003
I ~ I~ I ~
~I ~ 'I . ,
Gary CZ8.jkpwski, President
Chaz Equipment 'Co. Inc,
3380 FairlaneFarins Road, #16
Wellington, Florida 33414
REf: ,Bid #2002-37 - Sanitary Sewer Manhole Interior
Rehab - Annual Con.tract
1'1 Year Renewal.
: ';... ..:.,.: _ ... ~ll,..~ ' I., .
Dear Mr. Czajkowski;
. \
The annual contract for the above referenced B,id expires on S-eptemB,er .,30, 200-3. Per page #5, Section 20
:'Renewal" of the GeneralConditions of this bid package, "The City Manag.er may renew the contract,. at the
,same terms, conditions, and prices for four. (4) consecutive terms Qf one (1) year subj~~ to vendor.(s},
acceptance,satisfactory performance and determination th~t renewal will. be in the best interest of the' City", .
['
PI ease advise if this ex.tension cf your co~tract at prices quoted in your Bid dated August 27, 2002 would be
acceptabl~ ,
. .
P[e~serespond by signing'below and r.etuming one original copy to my attention, Jacklyn Rooney, Purchnsing
Di vision, City of DelrayBeach, 100 N.W. First Avenue, Delray"Beach,Florida, ~3444,
Sincerely,' . .
~~r- Rgv~.
Jacklyn Rooney ,
Purchasing Manager /
/ .
~ r hereby agree to t~e one n{;ear extension of the subject Bid
, /..
~ I am unable to pr,6vide a dne (1) year extension of the subject Bid
.7'/~.'~'
Date! I
"
"
i
~a~;;
. Vr-?/Y
Name (print) / .
cc;' Joseph safford~e Directo;
~
G ~/1r0l"'2!l:
. .~-~\
1-;' E",,:)=:- AL."i.""":' M~'-'-r:~:',
- 109 -
i
) ~lrY,DFDElR,RY 'BE'R[H
U ELRA Y BEACH
~
AlI.Amerlca ctty.
1 'II I,'
"
10D ~L~V. 1s1 AVENUE. DELRAY BEACH, FLORIDA 3344~ '56112~3'70
Oc~ober 24, '1002
1993
2001
Gary Czajkowski, President
Chaz Equipment Co, Inc. .
3380 Fairlane farms Road, #16
Wel1in~ojl~Fr;;lida 334'i4' ,
"':'-:::::L . A ' . - .' . .
l~~'
PO~ f.oo7 54-c9'. ' '
l D I I 10& - ,ct (~61 0 'if;
\ .,
REF: Bid #2002-37
Sanitary Sewer Manhole Interior
Rehabilitation'~ Annual Contract
Dear Mr. Cza.jkowski; ,
Enclosed is oaeorigin(l! copy of the contract for the above referenced bid awarded to your
company by <;:it},Cotnmission October 01,2002,
Term of the Contract will be from October 01, 2002 to Seple'mber 30,2003, witl:)., the
option to renew for'four (4) additionalbne (1) year periods,
We would like to thank you for your good se~ice' at.J.d interes( in the City of Delray
Beach. If you' have aI).y ~uestions, you may contact me at'{56l) 243-7163: .
Sincerely, w.'
~.7J
. Purchasing Supervisel
Attachment
cc: Joseph Safford, Finance Director
C. Danvers Beatty, P.E" Deputy Director of Public UtiHtie~
. Richard C. Ha~ko, P ,E" Director of Envlrenii1ental Services
Scott S olomon, Wat~r & Sewer Network Ma~ager
- 110 -
CITY OF DELRAY BEACH
I .
INVITATION TOBID
. 'PURCHASING OFFICE
,100 N.W. 1st AVE
DELRAY BEAcH; FL 33444
(561) 243.7163
....":-'"."..
BID NO, . #2002-37
'DATE: Julv 23.2002
. ',j,.I.. ,
TITLE: Sanitary' Sewer Ma'nholelnterlorRehabllltatlon
BIDS MUST BE RECEIVED,ON OR BEFORE: Tuesday, AUPlust 27.2002. priort6 3:00
, p.m, at which time all bids will be public'ry opened and read. . ... .' ,
\.
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i.
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INVITATION TO BID'
"
This Invitation taBid, Generai Conditions, In;;tructlons to Bidders, Special Conditions, Specifications, Addenda
and/or any pertinent do,::ument form a'part of this bid and by referen.~e are made" a part thereof. " . . .
. . .
. .
PURpOSE: It Is ttTe purpose Eind Intent of this Invitalion .to secure bids for Ite,m{s) and/or services as' listed
herein for the City of Defray Beach, Florida, hereinafter 'called the CITY. ..
, ,.
SEAI,.ED 81~S:. Sealed bids will be receiVed'in the Purchasing office until the date and time as indicated
above. Bids w!ll be opened publicly In City Hall and ell. bidders andg~neral pu~lic:arelnvited and encoUraged'
to attend. All bids shalibe submitted In sealed envelopes, mailed or delfverec;l tq tQe C1ty of Delray Beach, .
. PUf<:haslng Office, 100 NoW. 1st ,Ajenue, Delray Beach, Florida 33444. ,Oufslde of envelope sh811 Plain.1Y
Identify bid by: BID NUMBER, TITlf=r AND DATE OFSID OPENING, . It Is the ~ore responslbllit'j of the b.idder .
to ensure that his or her' bId reaches the Purchasing Office en or before the clcislng date and hour as shown,
above, RETURN ONE COPY OP'ALL BID SHEETS. ,Any failure on the parte! the supplier. to comply'with 'the'
ensuing conditions and speclfic~tions shall be reasbn for termination of contract. . .
. I, .
CITY'S ACCEPTAN'CE: Unless otherwise speCified hereln,the bidderwili alloW a minimum of sixty (60) days
fro~ the last dats fer receiving .6fblds for acceptance of Its bId by the City Manager andlor City CommIssion. .
AWARD: ,The City reserves the right to w~iveminor variations to specifications, Informalities, irregularities and
technicalities In any bids, to reject any and ail bids in whole or in p.art, With or without cause, and/or to accept
bids th at In Its Judgment will be for the best interest of the City, as further stated in Paragr9lph.1 60f General
Conditions.
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} ENERALCONDITIONSj INSTRUCTIONS AND INFORMATION FOR BlDDE.RS
1.
SUBMISSION ANDREGEII'T OF BIDS:
"
A. Bids, to receive consideration, must be received prior to the specified time of opening as
designatr:d in . the Invitation. . ,',." ,
B, Unl~ss otherwIse specified, bidders MUST complete all que1jtlons and price hlanks in the
spaces provided In this Invitation to Bid, Failure to do so may cause your bid to be reJected.
However, Y9U may attach supplemental informatIon,
C. Bids having any erasures or corrections MUST be initialed by bidde.r in ink: Bids shall be.-
signed In,ink. All prices s'I1all be typewritten ,or filled inwith pen and' Ink.
~.. .-.
D. Ali bids MUST be slgn~d with the fir~ na~e' and by an officer or employee having the a\lthority
to bin~, the company or firm by his/her signature, . '
I. .
2,QUANTITlES OR USAGE:.
Whenever a bid Issollcited seekIng a, source for ~ specified. time 'for ,mat~rials or serVIces In. the
quantities ot usage shown, !hese.qu~ntltles are estImated only. No guarantee or warranty Is given or
implied by the City of Detray Beach as to tlie !oial amount that.tqay or'may not.b'e purchasedfrom.any
resulting contracts', These quantities are for bidders' information only and vvill be used for tabulatIon
and presentation of bid, .. .
3, PRICES:
A. Bidder warrar1.ts' by virtue.of bidding that prices. terms, and oonditions quoted in' hIs ble! will be
firm for acceptance for a period .6fslxty (60) days 'from the date of ope ('ling unless otherwise
'stated by the City or bidder.
B. Prices shouid be stated In units .of quantity /Specified in th~ bidding spe~lficatlol'1s" In Case of
discrepancy In c.omputing, the amount of the bid, the unit Pr1ce(s);qi.wte,d will g.overn,
C. ConsideraUon 10 awarding bids for termcon,!raC\S will be glv~ fjrs.t to bidder .offering firm
prices subject to market price reduction and second. to bidder ~fferif.1g. firm prices, for f1.l11.
contract' period. 'If at any time during the period of ,this centract, the City .of Delray Bea9h Is .
abl~ ..tG purchase the Iteins andlor serVices at prices flilS.S tha;n our contract price, ~e
successful bidder shalf meet these priCes and In the event of his failure tado so, the City of
Delra~ Beach may rgcitiata for'a new'contracto.n the open market..' .
. '. . /" . . .
D. The City reserves' the right to purchase Items on state contract if'.such i~ems can be obtained
on the same te~ri1s, conditions, specifications and in the best Interest of the City" .
E. BiddetslTiay pffer a cash djsc~u~t for prompt' payment. HaweY.e~, suchdiscou~ts will not be
consldered In determining the lowes! net cost,for bid evaluation purposes, Bidders shou~d
refiect any qiscounts te be considered In the bid evalualioninthe unit prices bid,
4, DELIVERY:
p." All items' shail be delivered F.O.B. destination, and deliverf costs and charg~s Inciuded In the
bId price. Failure to do so may be c;:aUse for rejection of bid.
- 112 -
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8,
Tim~ will be of the essef1ce .for any orders placed as a result of this bid: ,Purchaser res.erves
th~ r.lght to. cancel such orq>ers, or any part thereof, without obligaticn If'delivery is net mad e at
the tlme(s) speclfiedor'l bid 'form. .
5. . BRAND' NAMES:
If and Whenever .in the specifJ.calions a,brand name, make, name of any manufa~turei, trade name, Or
vendor catalog number is menlioned, It Is for the purpos'e of establishing a grade orquaiily of material
only. Since t~e City daes not wish to. rule Ot:lt other competition and equal brands o.r make, the phrase
OR EQUAL IS added. Hawever, If a producf other than that specified 15 'bid, It Is the vendor's
responsibility to. name such product within his b'ld and to. prove to the City that such product Is equal to.
that Specified, '
6,
QUALITY:
1:00.. . ~ '..
Ail rnaterlalsused for the manufaCture orcanstruction of any.,suppl1es, materials, oi'equfpment ca\(o.red.
bylhls bid s}1alf behew. The Items bId mlJst be new, ~he latest model, 'ot'the best quaHty;'iclnti'h~est" . '
grade workmanship. .
7. SAMPLES: ,
'~ampresi when req~~sted, must b~ furnished free Qf'expen;e'~o !he City and if nat used In testing ,or
d~stroyed, will upon, reques:t withjn thirty (30) day? of bJd award be .returned at bi9de~s expense. . .
8. ACCEPt~.NCE:
, '. .
The material delivereq under this proposal shall remain the. property of the. saller until a physical
1nspection and actual 'usage of this material and/or .servlce 1s made and there~fter accepte~ to the'
satisfaotior.l of the City and must.comply with ihs temis he'rei!'}. and be fully in accord with specifications
and of the highest "luality. In the eyeDt the .material aridfar.servl.ce's supp!i.ed to the City is found to be
defeetil/eor does n.ot confoi'm to. specifications; the City res~rYes th~ rlghttocance[ the order LJpon
writtennQtlce,to the Seller and return product to seller atthe seller's expense.' ", .
9. . DEFAULT PROVISION:
.....,
In ce,se of defauftby the bidder or contractor, th~ City of Delray Seach may procure the article ar
services f~om .other .sourees and hold the bidder or cantraetar responsible f6r any .exoess oosts
. occasioned ar incur~edthere~y,
10. . COPYRIGHTS OR PATENTRIGHTS:
. / ' ,
Bldi;!er. warrants !ha.!, thefe has been no vielation of copyrights or' Pi3tent rights In manufac!uring,
producing, or selling th,/goods shipped or ordered as a result of !hls bid, and seller agrees to. hold the.
City harmless from .any land all iiability, less, or expens,e occasioned by any sl.!ch violatiqn.
, ,
11. COMPLIANCE WITH S'AFETY STANDARDS:
A. All equipment', machlr'1ery,eJectrlcal appliances, cords arid apparatus shall comply with all
provisians ,of the Florlda:Stste Safety Standards, .,
8, Whenever a bid is sought and' services secured f~r any type of on-site constructlcn the
awarded bidder shall remove from the work site at the end of each working day'all rubbish and
waste debris resultingfrcm his operations, \ The awarded bidder shall also secure the Work
site before'leaving at the end of each working day. .
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.1
MANUFACTURER'S CE:RTIF'lCATION:
),
'2,
The City of Delray Beach reserves t~e right to requesl from bidders separate ma'rfufaclurercertificaticn
of all Statements made Irdhe proposar. '.' , '
13, SIGNED BID CONSIDERED AN OFFER:
This signed bid sha'lI be considered an offer on the part of Vie bIdder or contractor, whIch offer shall be
deemed acceptF;ld upon approval by the City Manager andlor City Commission of the C1tyofDe !ray
Beach.and in case of defaul.! on the part of the bidder or contractor after SLJch acceptance, the City of
Delr~y. .Beach may take such. Bctlo.n as It deems appropriate including legal action for damages or,
speCific 'performance:
14. LIABILITY, INSURANCE, LICENSES AND PERMITS:
, w,," .',
A.
PERMITS: '0'here bidders are reqUired to perform work on CitY structure(s) or propertY as a
resvll of bid award,.lbe CitX,\Nill wqlye.1he cost rdr permits. Contractor :;;hall p~y.f9r.permlt.s for
all6therwork, , . .......' .'. H." '. :';< ;." - ,...' '.'... .
LICENSES: If you ar~ not licensed to perform work In the City of pe1ray Beach you MUST
obtain an Occupational License beiore a Notice To Proceed will be issued. .
. . .
LIABILITY INSURANCE: '. The Cityprefe'rs the insuranc,:e and bonding"companles have a
BEST Rating ria less than A-, VII or better. if you have'.any ql:lestlon~ regarding the City's
Insurance andlor Bond requirements. please contact the Clty's,'Rlsk Management Office. at
(561)243-7150, See pages 14 & 15 for Insurance Requirements. A <<sBJ1lple" certificate flas
been attached.' . ..
B,
C.
j
'15. SPECIFICATION~: i'"
A For purposes of evaluatio~, bidder must indicate any variances. from our speCifications andlor
condition!S,N'd MATTER H()W SUGHT.. If Variation's are not stated In the proposal, it will be
assumed that the product or service fully complies with our spec1ficaticns: .
, .
'8, Any omissions of.detall specifications stated herein that would 'render the material/service from
UseBS specified will not rel.ieve the bidder from responsiblli'ty. ..,. .'
16. AWARD O.F CON"\RACT:
The City of OelraYBeBC~r serves' the right to accept any Bid or combination of Bid alternates whie'h, In
the City's Judgr:nent will . est serve the, City's Interest, reject any and all B[ds, to waive any and all
inform.alities andlor lrre iarilies, and to negotiate con.tract term'swlth the successful Bl'dd~r, and .the
righ,t to disregard all.t!1On-conformihg, non-responsive, unbalance,d er co'ndltlonal BidS. The City'
reserves. the right to r'ejec;rany'or all Bids, or any part of any Bid, to waive any Inf.ormallty In any Bid,
and to award the' pur9hase i/1 (he best Interest of Ole City, D1screpancie's In t~e multiplication of unIts of .
'Work and unit prices will be resolved in favor of the unit price,. Discrepancies between the indicated
. sLlm tif My column of figures and the correct sum thereofwii'l be resolved in favor of the c0rrect sum.
17, TAXES:
Th~ City of Delray Beach Is exem'pt. from any sales tax Imposed by the $ta~e andl~r Federal
Government. Exemption certificates certified on requesl. State Sales Tax Exemption Ceri!ficate No.
60-08-116241-54C appears on each purchase order,
\
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J FAILURe TO BID:
If you do not bid; return 'Siatement of No Bid Form' and stste resson, OtherNis!>o, YOUR NAME MAY
BE REMOVED FROM OUR MAILING LIST.
is, EXCE,PTfONS TO CONDITION'S, 1 THRU 18 (Boller Plate)
Any. time Bip Specifications differ from the General Co~ditions, f?:d SpeclficsUons and Special
Provisions will prevail. '
20. ' RENEWAL:
The City Manager may renew the contract, at the sar:ne terms. condItions, and pricl'!s, FOU R
consecutive term(s) of ONE year(s) subject to vendor, acceptance, satisfactory performance and-
determination thatrenew8.1 will be in the best Inte.r~st,of the City',
21, ANTI-COLLUSION:
A.
Bldd~r certifie~ that"thls bid'ls m'ade with(Jut'prioruf\derslandl~g, agreemen\ ar'::;iIJ',otl<:tiol"'
with any corporatlorl, firm or person,submltting a bid for the same materials, services, supplles,
or eq\llpment and is Irl all respects fair and wlthoJ.Jlcollusion or fraud. ' '
8, No premiums, rebates or grat\.tlties permitted; either with,' prior to, orafte~ any deli,,!ery, of
. material or prb.vi!!ion o.f services. Any such violation rri'ey result hi contract ca'ncellatlon, retu rn
of materials or dlscontlnuatio~ of services and the posslbie"removal from the vendor bid Il$t (s).
22. CONFLlCT'OF INTEREST:
A;
Bidder declar~s and certifies that nO officer, employee or persori whose salal)l Is payable .In .
whole or part from the' City of Delray Beach Is directly or Indirectly Inter~ted In this bid or In the
supplie~, materials, equlpmeQt or services to which It relates or In any portion .of the profits'
thereof; or . ," . ,.' , .
B. The sward Is subjeCt to provis'lons of State Statutes 'and City OrdinanceS. A!lb1dders must
. disclo.se with 'their bid the ,name of any officer, director or agent y,rho 15 also'an'e'mployee'of the
City of Del-ray Beach. Further, all bidders must disclose the name of any City employee who
owns, 9irecUy or indirectly, an Interest of ter1 percent (10) or mElre In the"bldder's firm or any of
It's brancHes. n .. , , . ,
';
:23. NON-PISC,RIM1NATI'ON:
The Bid~er ~hall f10t discJmll)at~ against employe~s Qf applicants for e~plOyme'nt because of ('ace,
creed, color, religiO,ri, sli<, \lge, ~andicapped status,di'sabilfties, or national origin: The Bidder will
endeavor to ensi.Jre,th~Capplicants are employed arid that employees are treated during employrnelll.."
witho uf rega rd to thei(race: creed,color, religion, sex,' age, handicapped status, disabilities, or national
origin, .. Such action ~halllnclude but not be limiled to the following: emp'loyrfient, upgrading, demotion,
or trs!1sfer,; recruitme'nt advertising; layoff or te,rmlnalion', rates of payor other forms of'cll:mpensa~lon;
and selection for training indL.'ding apprenticeship. The bidder ag rees to. post In conspicuouS places,
available to employees and appllo.ants for employment, noticeS, setting ,forth the proYisi?~s' of this
nondiscrimination clause, These provisions apply to all subcontractors and ills the responslbll,lly of the
subcontractors to be 'i" compliance, .
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! i, DISCRIMINATION:
An en\lty or 'affiliate who has .beenplaced on the discriminatory vendor \1st may h'ot submIt a bid en a
contract to provide goods or services 10 a public, entltf, m:aY notsubmll a bit;! on a contract with a pu b lie
entity for the construclion or repaIr of .8 public b.ulldlrig or p~bllc 'NOrK, may not submit bids on lease s of
real property to a publioentity, may not award Qr"perform work as a contractor,. supplier, subcontra~tor,
or consultant under conlract with any public entity, arid may not transact business'\vith 2.)"\Y pu b1'1e;
entity. . , ,,' ' :. '-
-'="",....
..1: ,.
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,. ,'_ . .':0..,.
. ""'1,., .
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f
f
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STANDARD fORM OF AGREEMENT
BETlNEE~CITY AND CONTRACTOR
,.
THIS AGREEME~n mad'e this
day of
, 20_, by and
bet\veen the CITY OF DELRAYBEACH (hereinafter ea\l~d CITY) and
'. eha:!; Equipment Co~ Inc. (hereinafter called CONTRACTOR).
WITNESSETH:
TheC~T't an.cL th.. . CO NTRA.CTOR.i" cori'ld"'\'tiO~..or th,~,m.utual covenan Is ..
he reinafter set forth, agree as follows:
i. The und-ersi.9nedCONTRACTOR hereby ~presen"ts that he has carefully
examln.~d all Contract dacuments,and will perfom1 tM.contractual requirements pursuant
I 1:0. all caven ants and conditions.
. [
2., The CO N'TRACTOR , as evidenced 'by 'the execution of. this contract,
acknowledges that it has examined the physic?l' characteristlos .of the job requlre'ments.
The CONTRACTOR further acknow\edge~ that the bid price,. includes all costs and
"
expenses required for the satisfactory completion ofthe co~trl:'\qts requirements.
3. 'nie contract rtween the CITY and the CONTRACTOR includ.e .the. following.
documents which are a~,e:'bhed hereto and incorporated herein by re,ference ~f the follOWing:
PAGE NUMBERS
1 - '6'.. '
7 - 11
12- '
13
14
15 .
16
i1'': 24
25 ~ 26
27
,I ,
CONTRACT DOCUMENTS
. I nvitation to Bid .
9tahdard Form of Agreement
Corporate Acknowledgment
Certificate . .
, I nsurance Requirements
. Sample lns'urance Form
Drug Free Work Piace Certification
Specifications '
Proposal (Schedule of Prici'ng)
Bi.d Signature Page .
-117-
)
i
, PAGE N.UMBERS
28
','
29
),
i )NTRACT DOCUMENTS (cptit'd)
Btaternent of No Bid
References
Addenda numbers n/a to
f1/a.. ,inclusive, and any modifications, Including
Change Orders, duly delivered after execution of this Agreement. '
, '
,4. The term of this contract shall commence on ths,datelndicated on the ~otice
to Proceed.
....':"",'1"...
5. This agree(llent shall be governed by the laws of the State 'of Florlda as Now
). "
, " / .,;'.' . . ' ' . .
and hereafter in force'. The venue"fof actio~s arising' ()utofthjs'ag'r$el-n'er.)~".sha~).e,Pa.lm
Beach County, Florida.
6. All notices, requests, demand,s, and other'given if personal,ly dE;llil/ered or
mailed, certified mail, return ~eceipt requested', to the following addresses:'
)
, ,
As to City, ,. ,
, '
City of D~lray Beach, FL
100 NW 1 st Avemie
Delray Beach, FL 33444
As to CONTRACTOR:
Chaz Eouioment Co. If1c.
.....
,3380 FS:ir~ane Farms Road. 1116
, I
7, The CONtRACTOR shail not, without prior written consent of the CITY,
assign any portion of its interest under this contract and, specificaliy, the CONTRACTOR
shall not assign any moneys due or to become due without the prior written cons~nt of the
/ ,Wellin~ton. Floki~a . 33414
I
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CITY.
8, The CITY arid the CONTRACT.oReach binds himsE?lf, his partners,
. \
successors, assigns and legal representatives to the othet party hereto ,in respect to all
__. .__~~~,.. ...."'''~o,..,.,ont~ ~nrl nhlidatioris contained in the contract docum'ents.
- 118 -
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'9. In consideration of ten doHars ($10.00) and other valuable considen~t\onr thE'3'
C?NTRAGTOR shail defend,indem'hify and save hqrmless the CITY, it~ officers, agent::;;'
and employees, from or on account of any liabilities, damages, losses and costs. received Or
sustained by any person or persons by or. in cor:isequence of any negl.igence (exc\U{;llng th.e
sole negligence of the elTY), recklessness or Intentional wrongful misconduqt of th e
CONTRACTOR and any persons .employed or utilized by the, CONTRACTOR in' the-
, .
. ........ ~" '
. performance of thlsPr.oject: CONTRACTOR agrees that negligent, reckless cir inten~ional
, wrO'rl~fiJl 'misd'o~'dtrct 1't'i'cl1!d.es'; "l5ot:>is 'not limited 'to, .use-" Eif ..a~y. .lr-npr.ope"..-ma'~.ia\$. o,er,
liabJlitles, damages, losses or costs caused by or. on account of the USE! 'of any improper
materials. CONTRACTOR agrees' that .negligent, r~'ckl~ss or i~tentional .wrongful
mis~onduct also includes but is not.1im\tedto the violation of~T'lY Federal, State. County or
. . - . . ,I
'":ity, laws, . by-laws, ordir!~nces orr~gulations by the CONTRACTOR, his subcontr:aq.tors,
. f ,.'. .
. . .
agents, serVants or employe.es. CONTRACTOR further agrees to defend, indemnify and
.save' harmless the ciTY Tram all such cl.alms and fee~., and from ;.'l.ny'and a\1 suits and
actions of every name and descripti~n that may bebroughtagains-t the CITY' .onaccount of
. '
l
any claims, fees, royalti~s, or costs fqr any invention :o.r 'patent, and from any a]:'1d all suits
and actions. that may be jroug'htagainst the CITY for the 'infringement of any an.c::JsII.
'. /
. / . '
patents or patent rights 9,lalmed by.any person, firm, or corporation.
The indemnification provided ~bove shall ob1igEite the. CONTRACTOR to defend, at
h IS own expense ortQ p~ovide for such clefe-Ilse, at the CITY'S option, a~y and all claims or
liability and a'lI suits and actions O'f every name and description that may be brought against
the erry which may result from the operations and activities under this ContraCt whether
',. _ theconstructlotJ operations be performed by the CONTRACTC?R, his subcontractor qr by'
- 119 -
\ ' ' .
r ' ) 'lone directly or indirectly employed by either. This indemnification lncluqes all costs and
, ' '
fees including 'attorney's fees and cost~ at trial and appellate lev61s,
". ',.
,
, The CI'(Y will pay to the CONTRACTOR the specific consideration of ten dollars and
other good and valuable consideration as 'sped,fic consideration for the indemnification
provided herein. Furthermore, the ,CONTRACTORacknowl~dge~ that the b!dprice includes
. ,
said cons,ideration f~rthe Indemnification provision.
, ,.
10. This Agreement shall beconsider;~(nu\l and vOid unle.ss signed by both the
. ' , .
""''"CONrRAOTORal1rlthe''CITY",.::..,,,., ,~~.,... ',p' . , '. ", '.', . '.
. I . ' : .' . ..., . . . ~.. . c '.\ " . ...t I , .. : . . a r, '_,: ,- ." .tr...,u. '. '" ,''''', '."
11, The. c,ontraet document~ constitute the entire agreement between the CITY
. and, the CONTRACTO~ and may o~ly"be alt€,1red, ar:nend~d'9r rep,saled by a duly execute'q ,
written instrument. .
)
, "
"
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- 120 -
":~
j
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, ,
,fN WITN'ESS WHEREOF, the parties her.eta hav~ executed this Agreem~nt, the
day and year first above written.
A lTEST:
~
:. ','." ._,' ...., 0 .' . ,.' .
. . '- "., .q ,
City Clerk ..
.... '..:1.:.....'
Approved as to form:
.) ~~~~~~ff(i~f~
WITFnbdflt1lk .
JYbO(1.:bJl~~tl1*'
(Print or type name and ~itIe) I '
. I
! .
!
CITY OF. DELAAY BEACH; FLORIDA
--~.....~" '"
~'8y:/)~J-,s:J2~.~..
David W~'Schmidtr Mayor. .
.... to"
\
\
CONTRACTOR:
BY:
'---
.C;;f1e1j. (l7Pr$i 1~
.(Prlnt,or type name and title)
(SEAL)
- 121 -
,
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) )
I
"
CORPORATE ACKNOYVLEDGMENT
. ~-~
STATE OF l
GOUNTYO;-n ~.. .. C~
...."":-. . .~.
e foregoing'lnstr'ument was acknowledged before me this 10. day,of
',' -'/;~ '~;2o'Ii'8: ',by (::PtQ:~-feA-.:WrI r~i"~"""<>!
officer or 'agent" title of officer or ~gent) I of ~l eel d~' , (state
or place of incorpbration) corporation, ~n behalf ofthe co'rpo.ration~
He/Sheis (personally known to me) (or has produce'd identIfication) andhasusedhls/her
r' ',' tific 90n} .as ic;l.entifrcation.
o("J. , .
)'
S' 'n ture of Person Ta
Ackn~wledgment .
~0e~ . Q':Y',Le'i
N.a'rrieofAcknowledger Typed, . ,
Printed or St<!-mped
/
/~ .
(D".' DJJUNE p.:!\ISel.EY
. ,~~SIai' ce'm425
\. . . EXPII!iE$: ,,\anUilty 2a,2()O.l;
'" ,ionlIdT11\l~P~.Undl"'rt.oro
I
/
- 122 -
)
CERTIFICATE
(If Corporation)
STATE OF F{tL,RIDA " '. )
J _ ~_ )' S8
COUNTY OF' , ffi G:e-P{t ) ~_ " ,
, ..) . . " . .
" .r,;r'Fiail:;a'(; c I~RT~\f;~f ~"hieeti 01:1 of tllS '1l".tdilfBlr.;t6rs-o. f 'Atk~~t~:':j~,-tl''F:n1ero
~ . . l....nc... , a corpOfation under the laws of the State of
. .~EX'-lrV~' : ~ 10. " 20D~~'foIIOWing reSol~ticm
was, duly passed and <:Idop \ .
"RESOLVED", th t , I as . ~ei:3". .
President of.the corporatio I he/she is hereby a!Jthoriz.ed to execute, the Agr~ement
'. ~ated, . - ' . I 2'Q~,' betvveeri, the City of Delray Beach, Florida and this
.:lrporation, and that his execution thereof, attested by the Secretary of the Corporation and
with corporate seal affixed, shall be the official act and 'deed of this corporation",
, "
. ,I fu:rther certify"that sai~ resbluiion is now in fuil force and effect.. " ','
, ' ,
IN WITNESS WH'EREdF, I have hereunto s'et my J-,and and 'affixed the official
seai,of.the ;orpo~ation'thi~ ~d~Y ol Dco:r " 2OQ.Q- . . '
.~ hroGRfkU~J~
(S cretary) L. , '. '
/
/
/
I
/
(Seal) ,
- 123 -
')
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INSURANCE REQU'IREMENTS
A.
GENERAL
During the te.rm of the contract with the C1ty, the contractor shall procure and maintai"n
insu'ranceof the types and to the limits specified in paragraphs (1),to(4) "inclusive below.
B.
COVERAGE .
Except as othsMilse stated, the amounts and types of insurance shall e':lnform'to the
. following minimum requirements:
1. Worker's Compensation - Coverage to apply,for all emp!oyaes for Statutory Limits In -
compliance with the applicable State and Federal Laws: In addition, the policy must .
include Empioyer's liability with a Iimi{ '01'$1 00,090 each accident.
.' ,'2: ' .' "eoi1;F,.r~h~f\SIVe"Get-t,ef~I:'ILl.a.b:u1iv".~. C.o)Jera.g~il')l,Jst ,~E3.~aifp:rp~.?,. ?n:,:~)~rm ~""rr\?r~,
restnctlve than th~ latest edition of the Qompre~,enslve Gene,s( Liability Alley tlte1j'''' ~"
by the Insurance Services Office and must indude: ,
a) Minimum limits of $300,000 per occurrence combined ~i.ngrelimit for Bodily
'injury liability and Property Damage liabilit'y. '
b) . Premises and/or Operations.
c) Independent. Contractors.
d) . Productsand/or Completed Operations.
e) No exclusion for Underfiround, ExplosiOn or Collapse hazards.
. . t", . .
3. Business Auto PolicY - CQverage ~us.t be. afforded on a for~' nomor$ restrictive than
the latest edition of the Business Auto Polley filed by the' Insurance Service.Office .
and must include:
a) . Minimum Limits of $300,000 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.. .
b) Owned Vehicles. . ,
c) Hired and Non~Owned Vehicles. .
d) Employer No.n-Ownershlp. .
3, Certificate of InrJrance - Certificates of all insurance evi~encing the Insurance
coverage sp?ci~~ in, the previous Insurance Administrator prior t? comm6nc~me.nt
of work. The required certificates of if1surance shall not orily name the tyoes of
~olides ~rovi~'ed, but shall also refer specificallY toth;s bid and section and the above
_araqra_hs I~ accordance with which such insurance ,.Is' beinofurnlshed. and shall
state that such insurance Is required by such paraaraDhs of this contract. The
successful bidder will include the City of Delrav'8each as' additional Insur'ed. If'the
initial Insurance expires prior to the completion of the worK, renewal certificates s,hall
be furnished thirty (30) days prior to' the date of expiration, . Also, under the
Cancellation sectiof1 ,of the Insurance Certification the words "endeavor to. and "but
failure to mail.such notic;e sh'allimpose no obligation or liability of a'nj kind upon the
company, its agents or representative" shall be crossed out as Indicated on the
attached "Sample of.lnsurancs Certifica,s". .
- 124 -
5612437166
~dlCr' '~,'..
.,.: lb. '
\~, '
/- I . ..
.J GOOD r:'lS~CE, I~C..
p, 0, llOi A-l
;BEST crn I US)., 00000
C t TY OF DELRAY 'BEACH
,
8"1,~ PB8
DEe 21 '-00
'1'21: 2:3
1$SQ;l'~11;~'\ \\'
",' 0,;'. <. , . ,. ~.~
. . . ,,-!<'~: ').'.;,:;"
THIS tsrrrFlC;.nllS ~D,a,sA lI;1.'iiV. Of' liI!'<<>l.U,'!1OO'OI!1..Y ~ ~: :
~O AlOH11j U.POH TH! C:l;:IiTl1'lCATll H<<.DeII. 'rKIS 0!R1'1!'lCJ..'\"E IlOa ~~~Fts
e.>:'WiD O!\ AI. TliR THe COI'WOl! ~'H l11!. I'OWOU mew. 0,
. if . .
W'ILLLNG I.'OP.XERS i\$SOC.
,},;B C DRIVE
JJITTOWN, USA 000.01
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. CbMPANIES AFFORDING COVERAGE
Cr:WP~ A Iu(;1:l:I' ctrABD,lNSUlUllCE CO.
~"
COIJ.1'~ a COHPU:rE COVE:RAGE IllSOR!HCE. CO.
~~
COMPA/{'( C
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c:.oWJ;>>t''f E
l.E'ITEl\ ~~ ,
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. THI~T~ m T F<<..': I!$ OF~,US1tl)' Ul.Ow llAlo'E tuH',IS$lI!O ~o nlE IH$I.IIUIl N.UliQ ...aovi POll THE F'OI.ICY ;'vuOoIIlO~ 'rID '
HQ""" ~~, .v<<NII<:q,HYA:!Olrll1!./ol!HT, 'f1!Its,I Cf\ ~O(l.>J<Y ~.OR'OTkEl'IlIO(;lJojaHr WI'T\i~TTO WkIQW~~"t1~rr~y ,',
". l:!el$$I:IEO' OIH.t~'I',I'tlRT""Hl"'FI-lE~,;I.FI:OAcltl\ll'l'4'PII!!,j>QIJO~"'''''''-'8lill.H!A.'H-lS4II'~c:l'''rOd/'''''''If&'lVtW;..o:a.u~.' c-'-"'~'- '~ '
T1QHS O~ t1UC1i P.OllC:lf,f. ., ~.'" - . - -' " .....,....,.="".......,~. .~ ^ ,-
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'i'r1' e OF lNSUl'.l.NC E
o~ERAI. LlASIIJTT'
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D:."l.ClSICl'll Cl::I..l..IJ'St fI.AZJ.ro.
:!: ~s.-IXW'I.rno ilf'!;'1IAD;l1S.
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BIOtlAO' FOMI PlIOf'f~Tr O.(',U.~
ffi'.sl:JHA,IJWIlY.
p(,~y NUl.<a'Ui
>O..~tl1\"eTM >O..1Cr OM<llW ,JA~IU'N u..ns.m THOUS....HC$
1).I,n_l~ 1)<1l~ Irj.,~ "-CI!IllQ.l.!!,
BOO<. .
3--01-90 3-01-91 ;H.Aj~y $: $
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01 PO S 300 $: 300
COo<DlKG C
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P!~N,oJ. I>WP.Y $'
- AUTOMOilll.& w.AlUiT
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JJ.i CfMIf-O Mas (PfIIV. P,oSS,)
.o.i.L Ol'IIi1.o /.lI1'os(~~p~)
HlP;OO .l.lITOS
!/OiIJ),'/!fEO !.Uros
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3-01-90
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WQ1'l1<:.ERS' C04ol~~to+l
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Oi"MER
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3-01-91
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OEscA[,O'J')OH OF opeF\A'1"iOI-l$.o-"cx:.-\_~ t7!:l.<S '
nxs t.NstrRAllq:E 1..P?LI ;,ul.:e TO (sta.te p;rQje;<:t)
*GJ:n or DEL.'Rl..l'BUC'i IS 4!>DXnORU, D:~
ce a~ oa Bac~~oa.must rea e~ct y
as be.la1./'. Cl;OBS O'.lt ;l...dicated \/'crMng
& pr-ovide 30 days ~tten n~tice)
. J .
- . -' CANCEl.LA.TION - ~'-' , . .
, ciTY OF DELRA.Y :aEAC;~
"L 434 S. SWIm:'ON .AVEIOE
. .../ 'DZLIU.:r" Btiqri. nOR1=)A 3~44
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- 125 -
.1
DRUG FREE WORKPLACE CERTIFICATION'
.
. .
Ii Identical tie bids eXist, preference will b'e given to the vendors who subm1t a certification with their
bid/proposal certifying they have a drug.free W9rkplace in.aecor'dance with Section 287.087, Florida
,Statutes., The drug-free workpl'ace preference.is applied a.s follows:
JDENTICAL TiE B! OS: Preferel'lce shall baglven to bl!sinesses with drug-free Workplace programs.
Whenever two or more bIds which are equal with respect to pric6,quaHty, and service are re;celved
by the State of by any political subdivision for the procurement of commodities or contractual -
services, a bid received from a business that certifies that it has Implemented a drug-free workplace
p~,ogram s;hall be given preference. in the award process. Established procedures for processiilg tie
bids will be followed If hone Df'the tied vendors have a d'rug-free wo'r}:place program. . .
""":~""",,,,,,.;~::,,,:,,,,,,.,,';''-:', .' .i.:t,'..' '. , '..', '''''' ,. '. ' .. .' ',' .... .. .
As n~e person' 'su'Yloflzed't'o s1gn~lnis"'statEltl~Stif: ;'t, certtfy th at 'this ...flr.t:IIi::com:plJi,.;,.fuJl:{',:With'jtb~.' ..:. .
. . . following requirements:' ... . . . " . ' .' .. ",'
1)
. This firm 'publishes a statement notifying' employees that the unlawful manufacture..
distribution, dispensing, possessIon, or' use of- a ,controlled substance Is prohibited in th e ..
workplace and. specifying the actions thatwill'pe taken 6'!\l'ainst employees for violations of
such. prohibition.. "
This firm informs employees. about the' dangers of drug abuse in the workplaqs, the
busines.s's policy of maIntaining a drug-free workplace, any available drug .coul1s'ellng:
rehabllitation, and .employee assistance programs, and the penalli~s that may be Imposed
upon employees for drug abuse violations. . .
This firm gives each em-pJoyee'engagedln providing thecon:moditias or contractual services
that are underbid a copy of the statement spe~ified In.subsection ,(1), ,.. . . .
[n the statement specifi.ed in. subsection (1), this firm notifies the employees that, as a
condition of working on the commodities or contraCtual serVlc-es- that arsurider bid, the
I3mplOyee will abide, by the terms of the statement and will abide by the terrns'.oftne
statement and will notify the employer of any conviction of, or plea of guilty 9r 1')010
contendere to, any violation. of chapter 893 or of any contr:ol1eq substance law of the United'
States or.anystate, for aJr61ation occurring in the workpiace no later than ~ve (5) days aft'F!r
such. conviction, .I . . . ..
. I
This .firm imposes a kan'ctlon on or requires the satisfactory participation in a. drug abuse
assistance or rehab[l~alion progtam ,if such is available in the employee's community, by any
employee who is SD convicted, . ,. .
2)
,
;.
3)
4)
5)
6) ,This firm will continue to make a good faith effb.rt to maintain drug-free workplace through
implementation of this section,
~
~ Af\Z f~,\ijcm~t rn Inc,
. Contractor's Name .
~~t;.
- 126 -
CITY OF D'ELRAY S!:.ACH
810 #2002-37
SANITARY SEWER ~ANHOLE INTERIOR REHABILITATION /.:
AN,NUAL CONTRACT
BID SPECIFICATIONS
PART 1: GENERAL
1,01 SUMMARY
& 1 u..:.: ~:.
A. This speclfication shall govern !III labo~, materlciTs;"equlpment and appllanc;es 'necessary for sanitary
sewer manhol~ InteriQr rehabllilation for ,the .purpose o'f ellml'natlng Infiltra,tion'and Inflow, provIding
'o~I'DS1op. proteclidl'4,..r.l'Jpa.Ir.;.r.U,>9r..<ilg,t~- ~l'1d. y?ids. ~~,d reS,\9ra~16~, of ~~ stnJ9turEl,I ,It~te~r1ty: of ,1h.~ ,
manhole as. a re'sult qf the applleatlcn' of a' mononthlc 'fiber.re'Tlifq'rcFiCI"~t'l't1bturstlStrtlclllr~';:el11t'r!!!..ced
pure calcium alu mlnata cemi:mtltlous liner to the wall, ,celling and bench surfaces 'of concrete, briqk or
any olher n:asonry construction materlal:' , .
1.oi 'SUBMITTALS
\
, \
. A Submit manufacturer's material data and .appllcal1on and 1nstal1ation Instructions' fpr, all products
used.
)
8, Provide documeiitati.on that the pro:posed manhole rehabilitation process has a r.nlnimurrr5, year
history for r.econslr~cti9nof san1tary s!?wer manholes on projects of slmilar size and scope,' .
1.03 QUAUD' ASSURANCE
A Use, mix, apply and cure all products in BCcordancs-with the manufacturer's recommendations and
,instructions,' ."
. , '
B. Provide recommended dally or 'per lot test specimens for compressivektrenglh and ,other lestl'ng per
applicable ASTM standards. ' '
PART 2: PRODUCTS
2.01 MATERIALS
A.. Patching Mix:
/
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. 1. A quick-setting, fjber-reirlforcetl, calcium aluminate-based c!;!mentitiol)s material for patc~i!'1g and
.fillir:lg yoidsand ~raQks, ' '
2. Material shall have the fOllowing minlmum requirements
Compressive Strength
Shrinkage
, Bond
Cement
DensitY, when applied
ASTM C.109
"ASTM .C-59S
ASTM C-321
Sulfate resistant
105 + 5 pef
6 hr 1,400 psi
G% at gO% R.H,
28 day 150 psi
8, Infiltration Control Mix,:
1. A rapid-setting cementHious product specifically formulatedfor Infiltration control.
- 127 -
) 2. ,Material shall have the follol'ling minimum requirements:
Compressive Strength
Compressive Strength'
Bond
Bond
C. Grouting -Mix:,
1, ~ ,rapid setting cementitous grout specifically formulated lor stopping very active infiltration and
filling voids~, " , '
ASTN C-109
AS1MC-109
ASTM C-321 '
ASTM C"321 '
1 hr
24 hr
1 hr
24 hr
600 psI
1,000 psi
30 psi
BO psi.
"
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'2, A rapid setting chemical' grout specifically formulated for stopping very active Infiltration.
D, Liner Mi~:
a-a- ".:
, . 1. A nb~r~reinfDrced pura-fLlsed' calcium aluminate cement and calcium aluminate aggre'gale to be
_ """; ;wet.n.r~ed,ao.d)oW R.w!ijW.~. M!~;iw'pIL~.d.,,~?form, th~ lltr\K:.t~r,~Vs~tru~tu',ral.ly~phanc~9 m~no[[thlo
cementitlous liner covering all Interior manhble surt'a'ces:" c.1tfM'r'I';odterlal'-"'.ttt'~~'-"l:a~rg'~
SewperCoat PG -or a pre-approved equal. ' .
2. Material, shall be pre-mixed and specIally forml!I<1Ited .to withstand H2S '(hydrogen s~lnde)
bacterial corrosIon and abrasIon in sewer networks.
3. Matenal shall have the following minimum requirements:
\ '
C9mpresslv~ Strength
Compressive, Strength
Compresslve'Stfengtl1
Compressive Strength
Flexural $treng,th
Flexural.Stren'gth
, Shrinkage
ASTM C-109
_ ASTMC-495
ASTMC-485
ASTMC-485
ASTM C.293
ASTM C-283
ASTM C-S8e
6 hr 1,400 psI
1 day> 8,000 psI
7 day> 9,000 psI'
28 day> 9,000 psi
12 hi > 1,000 psI
28 day >1,400 pst
o percent a! 95% R.H,
E, Bonqing Compound;
Material shall be a modified' cementitious bonding compound that protf;!cts expos~cj reinforcem,ent
'steel and enhances bond of overlay to substrate,
'F., Water:
Water shall be clean andp/table.
I
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PART 3; EXECUTION
. . i
3,01 MANHOLE PREPAAATIO~
A. Place covers ,over sewer Inverts to pre.vent exlraneous material from enterIng the sewer lines,
B, Remove foreign loose, and unsound concrete and masonry rnat~rial not able to be removed by. high
pressure water spray may requlr~ the use of mason's or mechanical tools for removal.
.' .. . .
C, Loose, unspun,d, a'nd protruding co~crete and masonry material not a:ble to 1{6 'removed by high
pressure water spray may require the use of mason's or mechanical tObls for removai. .
D Clean the interio~ surfaces of the manhole with h;~hpressure (3,50.0 psi mi'nimum)w.eter 'Spray,
using detergent muriatic acid, antibacterial agent or other chemicals 10 remove grease, oil and otl1er
contaminants 'that would prevent good bond between the s>tisting manhole Interior surface and the
liner malerial.
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.-....,.....
)
e:.~:live hydrostatic leaks (Infiltration) shall be stopped using the rapld-settl119 speolaliy formulated
Inilllratlon control mix., ' ,~
II
p, V:ry active hydrostatic leaks (infiitration) shall be slopped using one of the rapld"setting grouting
miXes specially formulated for cor,trol of :'ery active In@ration,
G. Ciean and prepare exposed reinforcement steel, and apply and cure bonding compound,i n
,accordance with the product manufacturer's Instruclions and recommendations.
H. P~epare cracks and voids to be patched and filled, an~ apply and cure patching mix, In accordance
With the product manufacturer's Instructions 'and recommendations, '. " " ' " '
I, Areas of manholes th~t are found to be structurally ,damaged ~{'ld In need of repair beyond the Sc;op e
of thlsspeclflcalion shall be brought to the atten~on of the EngIneer,' A sultable repair method shall
be developed for eac.h ar-ea and submitted to the Engl'neer for r.evlew prior to comme(1i:;ing the repair,
. , ,.'. .
,"'."~" '" c J. prep'eite,'b~aan'~~'(h'ep'afr':man~'6fEt-~~en6h~...ai:lp.inverts i~tl:t~ Safl;)e.:.m",n.IJ~i.~~.p',(~.~&:~,p'~f!1!.!:.5.~Y~::i " ',",
. " '~"I"......I
3,02 liNER APPLICATION, CURING AND TESTING;
, .
A. Prepare manhdle surfaces, wet batch.mix. liner ma'tenal, ]owpres~urespray apply IIne( mix, to.
manhole ceiling, wall and bench surfaces and allow liner to, cure in accordance wIth the Product
,manufacturer's ins tNctions and 'recommen'd~tions, . .
8. Uner application shall be 0,5 Inch mfnlmum thickness. 'The appiieatio\1 shall. be completed with a
minimum of wo coats. The first coat sliall be applied at a thlckl'less adeq1Jate,to cover the substrate
and be trowled to compact the mater!!!] into voids and set the bond. The second coat shall b~
applied. to ensure complete c'overage at the specified 8.5 Inch mInimum thickness. '
C. Inv.erts shall be lined with' patching mix, trowl applied in one coat to a 0,5 Inch minl.mum thickness, '
D. Prepare, i~bel and :submit recomm~nded dally or per lot test specimens for testing.
3.03 CLEANING
A. Clea~' manholel~teriors and' remove all construction-reialed materi~s, 'equipment and appiiances
from the manholes pri9r to reinstatement of the manholes to serVice, ,
PART 4: MEASUREMENT AND PAYMENT
4.01 MANHOLE INTERI,OR LlNINb
" /
A Measurement
Measurement basis for payment for manhole Interior lining' shall beverilcalfe~tof manhole .interior
surface li[led at d,s inchrriinimum thickness. ,.
S, Payment:
Payment for manhole interior lining shall be the ,lumber oJ vertlcalfeel'of,rnanhole Interior surface
lined ,times ttie unit price bid per vertical foot ofr:nanhole interior lining, ' ,
C. Incidentals:
\
Ail Manhole preparation, liner application, curing and cleaning shall be considered IncideQt,al \0 the
unit price bid per ve"rtiC<l1 foot of manhole interior lining, '
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'2 MANHOLE STRUCTURAL REPAIRS
A. Measurement
. No measurement will be made for payment far manhole slructural. repairs:
8. Payment:
.AII cost.s for manhole structural repairs must be Included In price per vertical feel o~ man'hole lining.
',~"
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w" ~'1'{.c..,:; ......\.. ?'~'J' ;.........:.._..'
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- 130 -
) rt IV: Contract InfonnationlReQuirements:
MINIMU MQUALlFI CA TIO NS 'AND iNS;' ALLER RE,QU [REM ENTS
':
.'
The inst~lIer shall have beeri engaged )n the installation of Ma,~hole and Lift Station System RehabMltatlon
Contradln~ Servbes for a mInimum 01 Seven (7) Years and have rehabilitated a minimum of Fcu'r Thousand'
(4000) sanitary S.6Wer manholes and 50 Ijft slallons, In the State 01 Florida, utilizing a system tnat offers pure
fused CalcIum Aluminate,' , , .,..,
The 5ele~ed contractor wifi be responsible for' knowledge of and compliance with ali .relatrve iocal, slate, and
':ederal co'des ar.ld regulations, , " , " '
The lnstalle.r rr:ust Include In the bid a list of Twenty five (25) refere,nces, for I{Ihlch manhDle, ,lift statio~, ,or Wet
well rehabilItation contracting selYices have been provided wlthtn!he last Se.~en (7) yei3rs. At least Ten (10)'of
these references must be current, having had InstallatloM wi,tnin the previous Three (3) years. A contact
person and telephona number must be provided for each.
.lFor. ,illl>i;.;ork 'performed ,under.,~~h.r.s, ~alllract", thA ,~ucce:?s,ful G9ntraclor shall provltfe.a co'mpeter:l Job,~si.te
supervisor and any n'ecessary assistants, all approved by"Yfie'Was're W'8tefcfepartrl1ent'cif'DelraXi.~lCtlC'h.' ";C}\e" . .~.
Job-site supervisor shall be. present at all times 'while w9rk is ,In progress. The.' Jab"site supelYlsor shall
'.' represent the Contraotor at alt times whlle all directions glver:t him 'shall be binding, as per the contract
documents, The Jab-site supervisor shall have a minimum of Seven (7) years 'experiehce in tl1e rehabilitation
of S~nitary S~wer Manhole:~, Uft Sfations, and Wet ~ells utilizirig a froduct that consists of a pure fused
CalCium Aluminate Cementltlous Liner, . .,' " " ' .
TERMS OF CONTRACT
. ,
lis Cont~act will ,comn:en~e qn the da.ie.of ~w~rd and be in effect lor one (1) year.
CONTRACT RENEWAL
The City retains the right to renew this ,contract. with ,the consent of the vendor, under the same terms an'd
conditions for four (4) additional one (1)'year periods, renewable annually. Any p'rl~e ad]ust(l1ents requested by,
the Contraotor will be based on the consumer.p~ic~-jndex (CPI), and anier1drT,lent to ,the agreement to be
, processed and approve,d by,the City Conimissl.ofl. '
" .,. . ).\ ..
AI'I prices at the time of the r~~ewal may be adjusted on the anniversary date of the Agreement and based on
lhe a r1l1u'a I chan'ge t.o the Consumer Prlcelndex~Southern States for the immediate twelYe-man~h perIod
preceding the renewal .of the Agreer:nent. The value of this annual adjustment will :~e determined lly the
Owner., If the City determines to re}'1ew this Agree;ment, It shall pre~lde the Gontract.or written n~tlce .01 SUch
~en ewal thirty (30) days period te th,a termination .of the ~c!lntract term, then In, effect. .
. I '
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TERMINATION
Should the Contractor be found to have failed to perform his ~ervice$ in a manner satisfactory t.o the Clty,as per
the Technical Specifications, the City may terminate this Agreement lmmedlately for cause: further the City
may terminate this, Agreement fo!' corweriience with a thirty (30) day written notice, The C;;ity'shall be sole Judge
o I nOI1~performanc,e,
METHOD OF AWA.RD
. The general criteria that will be used for the evaluation of this bid 'Is set forth In. the genera! biddinG.
requirements aleng with the responses as stated on,lhe bid prqpos'll pages. Award of this bid shell bema?8 te
the mas t qualified, responsible bidder te whem the City .(on \basisof City's evaluation as hereinafter prOVided)
makes an award that Is the most advantageous to the City. The City'sevah.iation of the bid snail take Into
consideration the cost (tot,al, unit price, or combination of both), City priore:(perlence ""itn bidder, de~ons,lraf~d
expertise of bidder, references of bidder, qualificatIons of bidder, and ability of bidder to ~mplete the prclectln
::::. tin"II~.I\,.m 2.., n 0.-... '
-131-
)
'I:
PART V . MEASUREMENT AND PAYMENT
SCOPE
'".tl
A; Paymerlts to the Contractor shall be made on the basJs of unit prIces in the Proposal Bid 'Form as full
and complet~ payment ror furnishing all 'materials, labor, lools a'rld equipment, end for performing ,all
operations necessar; tb:ccmplete the rehabilitation work,of sewer manholes, liftstallons, and wet wells
by various trenchless methods as authorized by lh'e City, The City wil1'establish an annual reneWable
contract for these services with the successful bidders as described In the Bid Specifications pages 17
throl.Jgh 24. ., '
The unit prices staled, in the Propo~al Bid Form Include' all costs and e>.:pens~s for taxes, labor,
equipment material~, commIssions, transportatioll~,harges and expenses,"patent fe.es and royalties,
labor fo~ handling materials during Inspection, togeth,;, with an'y and all othe;r co'sts and expenses for
",perform!ng and, completing, the work as shown on the details and speoified herell"l, The BasIs of
;:"p2lyme:~.roran .I1SfT1.aUh.\'i..PJi.c.o IlhowJ1iln the Proposal ,Bid Form shall be In accordance, with Its
description o(the Item in this Se,2\fcl""an'd'8;s"'relalEi'd'taihe iqbt1(;sp'i!t:tfied,"l:Ini~' prices;wf~ ib~I\:.,:~:.~i0Cl~tr.~,
the actual. quantities furnished End Instatle? in conformance with the Gontrac,~ po,?uments.
B, The Contractor's attention ,Is cailea to the fact that the quotatiC{ls for the various .Items of work are
intended to establish a total price for completing the work In its entiretY: ShOUld the ContraCtor feel that
the oost for any item of work has n6t. been established In the Pr.oposal Sid Form or this Section, the.
cost for that work ,shall be 'included in some other applicable Bid item, so that the proposal 'for the
) project'reflects the total price for completing the w.ork In Its entirety? , , ' ' . ' ,
No sl?pan3te payment M-ill be made for the following' work if required and'lts cost' shall be Included' in
appropriate payment items:' . " , " ..
. . Applicatlons and pulling of all utility and construction permits;
.. Dewatering and disposal ,of surplus water;
. SIr'Jctural repairs;
Cleanup;, '
Testing male rials andapparatl.Js;
, Maintenance"'of'uHlit}i 'seryice~ '
Appurtenant wotk;
In'spect!or'l poota R~COfds
, Maintenance of yraffic, ' .,' , '. ,:
/ ' , . ,
The following paragraphs y1111 clarify the work induded for the' ,lten:s listed In the Proposal Bid Form,
"
I
MEASUREMENT :'
, The' quantities for paJment under 'this Contract for each Work. Order' authorized shall be full
compensation determined by actual measurement of the completed items, In piace, ready fo'r servie'e
and accepted by lhe City un!essothervvlse specified. The City will witness all field measurements, ,
When depths are Indicated in the bid Items, lhey shall be measured vertiCally from the existing grade,
paved or unpaved, to the pipe Invert. '
it Is intended thai all work required to complete this Work will be included In the various bid items as
described in the following paragraphs,
1, ADD MOBILlZATiON/DEMOBILlZPJION
The mobilizalionldemobllization CDS! Is applied if a work 0 r-d~r has less than 10 sewer
manholes or less than 750 square feel (SF) of-wall to be rehabilitated for the work ords,:, this
'. "., . "_,, 'u __..___, ,~ .\,~ '-''''I'\t,,,,dnr for the add1tlol"lal
- 132 -
\
Y
mobilization/demobilization costs which becomes significant with the smaller project work
orders of less than 10 sewer manholes or less than 750 square feet (SF) of wall to ,be
rehabilitated, . .
.
2,CEMENTITIOUS LINING MANHOLE,BRICK, OR PRECAST REHABiLITATiON.
This Item of WOTI< will be measured and paid for at the unit price per vertical foot of 48-lnch or
50-Inch. diameter of manhole wall named in the Propos.al Bid Form,M~asuremE;lnt wiH be
made. from the bench, at ltsh.ighest point, to th~ upp.er limn of actually treated '~all, con.s or
chimney. Payment of the uhlt price per vertical foot will provide complete compensation _ for
cleaning of the wall by- both pressurized water and sand or sod\! blasting; reUef. of hydrps t-aUe
pressure .outside the manhole, 11 necessary; Injecting chemica! grout 10 stop active leaks Into
the m.anhole, if necessary; furnishing and supplying of all mateilals .or,cornbi;;ation of materials
making up the patching and coating (waterproofing) and applying or installIng them;
. manufacturer'~ representative's presence or assistance, if required; Isolation ofthe manhole by .
plugging entering lines; testing; safety eQI,!Jp'.ment;. end all inc.ldentals necessary to .ot;Jtaln a
watertig hI, sea led manhole wall and bench, .cOmplete in place, .
-,,:.-~aymer)t f~r _b~pass pumping, if reClulred (other than beo~.use of ~.amage ,cau~ed by
eontyitctorl, WI It.: be. pald-foN:lfldep'El'sap-arale.1tem,- - .,:0.. ,. .-- . ....0-....." ...~. "-..,'.. ....,. .-. - ,;.,,~; .'..
. _ .e",..:":,.
.CEMENTITIOUStININGOF LIFT STATIONI\IVET.WELL'-SURFACES .
Thl: Item of wack will be measured and paId at the unit price 'per squareJoot o~ wall In. a lift
station or wet well. Measurement will be made 0 tl:le actual surface area repaired. Payment of
the .unit ..price per square foot will provIde eompensatjon for. cleaning of the wall by both
pressurized water and sand or soda.medla blasting meth(lds; relief of hydrostatic pressure
outside. the s.tructurelf necessary; InJecting. chemical grout. .to. stop active, infilt~tlon; If..
neoessary; cleanIng; surface preparation as specified. herein; fu r!'lishing and .su~plyli:lg of all
materials or combination of mateirials,iMludlng iin"er manufacturer's r!'1presentative's presen'ce
or assistance,..lf ,required; Isolation of the llftstatlpn or wet well. by plugging entering lines;.
testing; safety equipment for personnel; labor, tools and equipment; and all in.cldentals
necessary to obtain a watertight, seal.ed wall an-d bench complete In place.
. ,
-Payment for bypass pu.mplng, If required.(other than because of damage caused by the
Contractor); will be paid for under a separate item.' .. .. .
3, BYPASS PUMPING OF SEWERS
.. '.
a. BYPASS PUMP AND PIPING SETUP . .
These pay items provIde complete compensatiO'n for bypass pumping operations required
,for sewer manhole, lift station and Wet well rehabilitation. The Coritractor shall attempt to
perform the rehabilitation sewer work without bypass .pumping,. How.eyer, If in tne opinion
of the City bypais pumping 15 nedessa. ry, It will be Identlfi~d as? payment Item. The pay
lIer:n is a one-)fme charge for all bypass pumping setup operations during a given lining
Installation, lrr'cludlng services, regardless. of the number of pumps required. Bypass
pumping sh~11 be bid on the basis of sewer size which Is bypassed,
Tr,ese fte~~ shall include'- but are notlimlte.d to: all necess:;ary and required traffic controi;
pumps; piping; gasoline/diesel fuei; maintenance; .transportation and storage; temporary
bypass and 'service piping; labor; materials and/or arlY other costs associated with bypas.s
pumping.
. .
P lugging or blocking a 'sewer line shall be Included In the appropriate bid item for whIch the
flow must be slopped, this .is consldere.d Incidental work and no additional payment shall
bs.considered,
b. BYPASS PUMP \
These items shall I:;e paid for on a per day basis for operation of the bypass pumps,
Bypass pump operation shall be bid on the basls of the size of the pump used, These
items shaillnclude fuel operating costs,.
- 133 -
)
. .,.... ~~ '-" .
4. ADJUSTING EXISTiNG MANHOLE CASTINGS
These pay items provide comple.te compensation for furnishing all necess!3ry labor, equlpment
and material to adjust exisUng~anholes to match existing elevations, ," .
5, FURNISH NEW MANI10LERING AND COVER .
This pay"l~em provides complete compensation for ftJrnishlng,new manhole ring and CDVerSB.s
specified by:the C.!.ty to b'e installed under pay Item 4, .... ,
6, RECONSTRUCT BENCH AND FLOWCHANNEL
This item provides complete compensation for, all necessary labor, equipment and material
required to re-construct 8complet~ bench and fiow ch~nnel, as required per the .Cily~s
minimum standards.
7, INSTALLATION OF CHIMt\!EY'SEAlS , '
This pay ftem provides complete'c6mpensatlon'for furnishing all labor, equipment and material
required to,lnstallrl)anhole chimn'ey seals. ' .' ..
B. ""RE:~IN:trALt PtlMP'B,.,SES ., ',.1 ,'>v,:",.,...,.. ",...'. ''-'" . ';"." .,: _..~~.~.... .,....... ".
These pay Items will Include complete compensation for fum)shingall necess.ary labor,
equipment and material require~ to re-anchor existing pump bases, where.linde~ the opinion
of the owner's rep'resentative, Is required,
9. INSTALLATION OF INTERIOR PVC DROPS \
These pay Items provide complete . compensatIon for furn'ishlng all labor, equipment and
malerlal requi.re:d to InstalrinleriorPVC drop piping.
., .3.....,.
. .
10. REMOVAL OF;EXISTING COATINGS .
This !tem provide.s complete cOmpensation for furnishing .all ne",essary labor; equipment and, '
materials Ilecessary to remove any existing c6atingsthat may exist hi full or any 'portion of an
existing structure. . .., .
11. REMOVEANDREPLACE-E.XISTJNGPIPINGANDVALVES . ..
This Item provides complete compensation for fumlshing all'nece.ssary 19:bor, equipment ,and
materials necessary to remove and replace all existing piping, check valves, plug valves ~nd
all miscellaneous materiai required for this insti;1lllation. This work will start 'at existing pump
bases and will termin,ale prior to. where discharge plpingexlts ,elElsting valve vault, All work
sllall complywfth City of Delray Beach minimum standards. ...... . .
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r )
)
ITEM
1,)
V 2,)
3,)
4.)
~ ,''!' '.T
5,)
6.)
7.)
)
e.)
9,)
/" 10.)
/
/ 11, )
12,)
13.)
MANHOLElLlFT STATION REHA81L1TATION
BY CEMENTiTlOUS LINING
SCHEDULE OF PRICING
\ ' BID FORM
, MobilizationlD'emobllizalion
a, Mobilization/Demobilization If less than
10 manhOles or less than 750 SF' per Job work order
.Cementitious lining of Brick Mai1hole - 4B" Diameter
Cementltious lining of pre..ca'st Manhole - 48" 'DiarFleter
Cementitious ling of Brick Manhole; . 60" Diameter
... .'. ,I',~ ".' " ,;:. , " ..~.... .,..,.,';, ",-, ',. .'
.cementitious1inlng of Pre :east Mannole -'60. Diametei"
Lift Station Surface Rehabilitation by'Camentitlous Llnlng
'Sewer By-Pass ,
By~Pass Pump Setup with Bypass Pumping
a. Bypass 8' Sewer Setup
b. Bypass 10. to 12" Sewer Setup
., "t.",
c, Bypass 15" to 18" Sewer'Setup
d. Bypass 24" Sewer Setup
e. Bypass 4" Pump
f, B~pass 6'.' Pump
g, Bypass 8" Pump
h. Bypass 10" Pump
Adjust ExIsting Mar;1hole ca~ng within Asphalt PaverDent
I
Adjust Existing Manhole 9asting within Green Area,
Furnish New Ring and Qover '
. .' \
Re-Obnstruct Manhole Bench and Flow C~ann'el
Furnish and Install Manhole Chimney Seal
Re-Install Existing Pump base
4."
6';
g"
- 135 -
,.
2.''50 loS each,.
a ~ D lOb per vertical foot
i "0' I,~ per vertical foot
, . 0
3'1 ~ . per vertical foot
, d.lol. ~"l"'p~ VI:!11~~"/j.,.~ ....'
.Ic,~'
12 per sCjuare fool
\
\
. l:'ll
QrexJ each
:-3 ., Cb each
... [:(:::c).
.6 cx:X:> . en
each
, C1)
r;OW' each
~ .'
f So' ' per day
.O'b
QCO' per day
9. ~O;~ per day , '
';300" CO
per day
'. 0
'700: each
ODD' .~
, each
.600' (il)
each
.(6
,6DtJ . each
!!:fXJ ' 6:?
each
5co" aJ
e~ch
.5~D,6b each
'f.D5D i .(J:;
each
j4') Furnish and Install 6" PVC Interior D'rop
15.) FurnIsh and InstallB" PVC tnterior'Dro~
16.) Re-construct Lift Slation Fillet
//'7;) .. ~em"'ai.of ""lng"Co'UnO
" ,~. ,.....c.IlI,' . h.. .
18.)
Remove and Replac!! ExistlngF'lplng and.
Valves, Wilhln Existing SubmersIble Lift
Station'through Existing Valve Vault .
)
.'
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/
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,
,.
Ii ~ l:C
~O ," each
. ctI
_Fi (:0'
I.or:o I ~ ;:~Ch
4OO,CO . each
(oOO,e6' each
r; tJJ r /:b each
'ro
6' Diameter I aGo I
8' Diameter ,/ goo- 1m eac~
-~," . (Jt:J'
10' Diameter. 1.300 ' . each ,
. ~,' .
. .: ,'1',. ~.. per~.I; \ I ('1l.?' f~,.i;'\l ...
2'to 4'
4' 106'
6' to S'
2' to 4'
,4' to 6'
6' to B'
4"
6"
8"
- 136 -
each
each
, {f)
I Lf ceo. eaqh
\ .' 'fb
.flo I OCX)t each
..,', .~.
/gJ OCO' each
.....,
,
i)40 SIGNATURE FORM
"
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FA1 LURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL)
, . . '. . "
BID #: 2002-37
Ofjenfng Date: Tuesdav, Auqust 27. 2002
, '
BID'TITLE: Sanitary Sewer Manhole Interior Re~abjfitation
.," C()MP~NYNAM9Cj~7'" '&~9rY(~o,r.I;L'~~ '~ . ' qATE.:,.,~~ ~~7.:;R:,:~ .' '"
. NAMSTITLEO: c;"p j~ G.8;;r{ nl O~~ l~i;d~ct . . ... ..
ADDRESS: .~SfhO ::1M Mr'llJ\t'_ LJn Q ins' , Q~ct 'f '. 'I eo '
)
! .J/TYL\w.\\.10.r#lj: '.
'ST A T~ ~IPr .
. ZfPCODE ~3+1 'Lj-.
FEDERAI- TAX I,D.#: ~ - O()lD~ln5 if.-
TELEPHONE: 'r: $l~ I' ,
J '"2:,"33, '- 8-1 09
~
FACSIMiLE .r.${nl
6:~~~l~Q
1;" ~<Ui c.:Zf\~\
"SIGNA TURE ,
VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT o.F ORDE;R:
,CONTACT NAME: G P\r> L;Y
,TELEPHONE: ( ~LD \
r:m:rilDU'')~ I~
') -:z,~3 - Q..J 09
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i
l--'-
STATEMENT OF NO BID
Bid # 2002-37 Sanitary Sewer Manho.le Inferior Rehabilitation
~ ..
;.
rryou are not bidding on this service/commoclJty, please complete nncLretu.rn this torm to:
C it)' of DelrRY E:ellch Purc:iiQ'sing Office, lOD NVY 1st Aven ue', Jj.elrayBeRch, FL 33444 or-fax"to ($ 61)
243-71'66. ' . ' .
F~ilure to respond may result i,n deletion of venclor's name from the qualified bidder's list for th e City
of Delray ;Beach. . , , , . . ,
COMP ANY NAME:
..A.PPRE~S: ", ... , '
."'..-'_........~...~~.~I:
;'
TELEPHONE: (
SIGNATURE:
,01 ~.;..:
;.1-,. ~
,or ','r ...",": ~.I""~'.". '.-1' .... '
~. ,,~ "
DA1'E:
,
\
)
Mil1o'rity Owned Business:
\;. ) :Slack () Hispanii? (.) Woman
f . f: j
) Other
(Specify)
We, theuodersigned have declfned tobid on your' Bid # 2002-37
For: Sanitary ~ewer Manhole Interior Rehabilitation
_Specifications too "tight", i.e: '
, geareo'toward brand or' manufacturer,
only (exphdn !Je1ow)
Our. product schedule woul.d not permit
us to perform -..,: , , '
~Unab[,e te rpeet specificaJion's
~-Insufficient time te resppnd
to the Invitation to Bid /
I
_We do not offer this product
or an equivalent "/
-,--Unable'to meet bond requirements.
~Specifications unclear (explain below)
~Other (spe.cify below)
REMARKS:
- 138 -
6, D
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Approve appropriation of $446,722,50 from the Fuel Island
Improvement Reserve in the Vehicle Service Fund (501), to provide funding in FY 09/10 for required
Fuel Tank Replacement Project (project #RP1 001),
PROPOSED RESOLUTION NO, R09- - Approve the Piggy-Back of Palm Beach County
School Board RFP #09C-018K with Lutz Petroleum Equipment Installations, Inc" of Pompano Beach,
Florida, for Labor, Equipment and materials for the installation and start up of a new above ground
storage tank system and removal of the current underground storage tanks for a total cost of
$446,722,50, which includes a five (5%) contingency, (Tabled on October 6, 2009)
EXPLANATION OF REQUEST: This item was placed on the Commission Agenda on October 6th,
2009 and was tabled due to a protest from Peter Ward, President of Glasgow stating he did
not have the opportunity to provide a proposal for two (2) 20,000 gallon above ground tanks,
Attached is correspondence (Memo #09-047) from Christine Roberts, Assistant Public Works
Director to Carol Doppler, Purchasing Agent explaining the process used in determining a
vendor for this project. It was determined by staff that the quote from Glasgow was not
complete in all facets, In addition Glasgow chose not to visit our site to meet with staff to learn
more about our needs as did the other vendors, Also determined was that this is a piggy back
bid and, as such, we have the ability to use any of the vendors utilized by the School District.
We are not required to request quotes from all vendors, Staff chose only to seek multiple
pricing to ensure that the final work project satisfied our fueling needs in a quality manner and
at a correspondingly reasonable price to the taxpayer,
Also attached is a memorandum from Carol Doppler, Purchasing Agent to Christine Roberts,
Assistant Public Works Director stating that after her review she found that Glasgow's quote
- 139 -
was non-responsive and that in her opinion Lutz Petroleum Equipment Installations, Inc,
proposal was the most responsive, responsible respondent that met all specifications,
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The removal/closure of the single-walled
fuel tanks is mandated by the Florida Department of Environmental Protection and the
deadline for compliance is December 31,2009, Non compliance will result in possible
assessment of fines to the City,
FISCAL IMPACT: Funding for this project is available in the Vehicle Service Fund, account
number: 501-0000-389-92-00 Net Assets Appropriated $446,722,50; 501-2516-519-63-25
Improvement Other than Bldg/Fuel Tank Replacement - $446,722,50
ALTERNATIVES: To close the fuel tanks as required and fuel off-site at local fuel facilities
located in Boynton Beach,
- 140 -
CITY OF BOYNTON BEACH
FINANCE DEPARTMENT/PROCUREMENT DIVISION
MEMORANDUM
TO: Christine Roberts
Assistant Public Works Director
Carol Doppler, CPPB Q
Purchasing Agent
From:
DATE:
October 12, 2009
RE:
Fuel Tank Replacement Quote from Glasgow
Memo # 09-047
My findings after review of the refercnccd memo and the backup documentation (sequence of
events) it is in my opinion Lutz Petroleum Equipment installations, Inc. proposal was the most
responsive, responsible respondent that met all speeitications,
Because Glasgow chose not to attend the site visit that was scheduled by Kevin Ramsey to
infol111 all respondents of what was needed and answer any questions was his choice, He
explained to Kevin Ramsey that he was famlliar with the site and did not have to attend.
Glasgow gave a proposal on (4) 10,000 gallon above ground tanks as originally plalIDed yet later
explained bv Kevin Ramsey to Lou (ReI' from Glasgow) that the committee changed from (4)
10,000 gallon above the ground tanks to (2) 20,000 gallon above ground tanks,
Glasgow ncglected to include in their proposal the following items:
. The ladders that would be needed
. Quote on the two tanks located behind Fleet Maintenance
. Quoted on wrong tanks. The revised tanks (2) 20,000 gallon tanks
. Representative was not sure if the steel prices that were quoted to him ill June from his
supplier were still good in September. To me this is an incomplete proposal.
Therefore I find that Glasgow's quote was non-responsive.
If you have any questions please reel free to call me.
Thank you
s/pu/wp/misc memos/fuel tanks
- 141 -
PUBLIC WORKS DEPARTMENT
MEMORANDUM #09-047
TO:
Carol Doppler, Purchasing Agent
FROM:
Christine Roberts, Assistant Public Works Director
SUBJ:
Fuel Tank Replacement Quote From Glasgow
DATE:
October 8, 2009
The memorandum is in response to the protest that was voiced at the Commission Meeting on Tuesday,
October 6th, 2009 from Peter Ward, President of Glasgow Equipment Service, Inc, in that his company
did not have the opportunity to provide a quote on two (2) 20,000 gallon fuel tanks for the fuel tank
replacement project. Mr, Ward claimed that he would be cheaper than the vendor that was selected ifhe
could have quoted the 2-20,000 tanks but because he was not involved in the quote process he could not
fully respond,
Listed below is an explanation of the process used in determining a vendor for this project:
In May staff decided to move forward with the fuel tank replacement project due to the mandate by the
Florida Department of Environmental Protection to upgrade single-wall underground storage tanks to
double-wall systems by December 31,2009, A staff committee was formed to outline the project and to
research piggy-back bids for a vendor, The committee members were, Paula Leblanc, Facilities
Management Supervisor, Steven Weiser, Fleet Administrator, Kevin Ramsey, Project Manager and
Christine Roberts, Assistant Public Works Director.
In reviewing bids from other agencies staff decided to piggy-back the School District of Palm Beach
County, Florida Bid #09C-018K. The bid included multiple vendors that were selected for storage tank
removal, replacement, installation, among other services, Staff decided to contact the highest scored
vendor, Engineered Environmental Solutions, Inc,) for a quote, After receiving the quote it was
discovered that the current bid had expired and was being renewed on June 2nd, 2009, Engineered
Environmental Solutions was rejected from the renewal of the bid due to failing to have a minimum of
three years experience specifically in petroleum related services, After reviewing the renewed bid staff
decided to contact the multiple vendors with the highest scores to obtain quotes for the work.
Additionally staff gave the vendors the opportunity to meet on site to review the project needs,
TO: Carol Doppler, Purchasing Agent
Page Two
Three vendors from the School Board Bid provided quotes (copies attached), Lutz PEl, Inc" Delta
Petroleum and Glasgow Equipment Service, based on the requirements that were expressed verbally
from staff for the project. Representatives from Lutz and Delta conducted a site visit and met with staff
to discuss the project prior to submitting their quotes, Kevin Ramsey, Project Manager contacted
Glasgow Representative, Lou (don't have a last name) and explained the requirements for the project
- 142 -
over the phone (see attached e-mail from Kevin Ramsey explaining his conversation with Glasgow),
Kevin Ramsey explained that we wanted to abandon the existing (4) 10,000 gallon tanks and add (4)
10,000 above ground and/or (2) 20,000 gallon above ground tanks which ever was cheaper. Glasgow
chose not to conduct a site visit as they said they had been to our site several times and did not need to
meet.
Out of the three quotes received from the School Board Contract, Delta Petroleum and Glasgow
Equipment did not provide complete quotes for the project. Neither company provided quotes for
transferring the pumps and Glasgow did not provide quotes for the two tanks located behind Fleet
Maintenance nor did they provide in their quote the ladders, They did include in their quote to set and
anchor four 10,000 gallon UL 2085 aboveground fuel storage tanks, However they were verbally given
the option to quote either (4) four 10,000 gallon storage tanks or (2) two-20,000 gallon tanks whichever
would be cheaper.
In summary, City staff did not find the quote from Glasgow to be complete in all facets, Glasgow did
not provide an updated quote for all desired fueling components in its September 1, 2009 facsimile
(attached) and further advised us that they had not determined whether or not the steel pricing for the
tanks was still valid, Glasgow did not visit our site to meet with us to learn more about our needs as did
the other vendors, Lastly, this is a piggy back bid and, as such, we have the ability to use any of the
vendors utilized by the School District. Weare not required to request quotes from all vendors, We
chose only to seek multiple pricing to ensure that the final work product satisfied our fueling needs in a
quality manner and at a correspondingly reasonable price to the taxpayer.
It is staffs recommendation to approve the Piggy-Back Contract from the Palm Beach County School
Board (#09C-018K) to Lutz Petroleum, Lutz provided a complete proposal that meets our needs and
conforms to our cost parameters,
Cc: Jeffrey Livergood, Public Works Director
- 143 -
6.F
CONSENT AGENDA
CITY OF BOYNTON BEACH
GENOA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 6,2009
D ANNOUNCEMENTS/PRESENTATIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF X CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: Appropriate $446,722,50 from the Fuel
Island Improvement Reserve in the Vehicle Service Fund (501), to provide funding in FY
09/10 for required Fuel Tank Replacement Project (project #RP1 001 ).
PROPOSED RESOLUTION NO, R09-145 - Approve a Piggy-Back Contract from the
Palm Beach County School Board (#09C-018K) with Lutz Petroleum Equipment
Installations, Inc, for removal and closure of four (4) existing underground 10,000 gallon
diesel and unleaded underground fuel storage tanks, one existing underground 1,000
gallon hydraulic oil tank and one existing 550 gallon waste oil tank located at the Public
Works Complex, Work to include installation and start up of a new above ground storage
tank system consisting of two (2) 20,000 gallon fuel tanks and two (2) 300 gallon
hydraulic and waste oil tanks, Total project cost with options is $425,450,00 plus 5%
contingency in the amount of $21 ,272,50 and is funded from the Fleet Maintenance
Division account #501-2516-519-6325 (project #RP1001).
EXPLANATION OF REQUEST: The Public Works Complex is the location of the fuel
island for all City vchiclcs. All vchiclcs arc drivcn to this sitc for fucling Undcrground
and above ground petroleum storage tank systems are regulated by the Palm Beach
County Petroleum Storage Systems Ordinance which directly follow Chapter 62-761,
Florida Administrative Code. This Ordinance requires the upgrade of underground single
wall petroleum storage tank systems with secondary containment (double-walled) tanks
by December 31, 2009. The purpose of the Ordinance is to minimize the occurrence and
environmental risks of releases and discharges into the soil and corresponding water
tables, Given the adjacent residential uses, the work is important to complete as soon as
possible.
- 144 -
Staff is recommending that the existing underground tanks be replaced with above-
ground, double-walled steel tanks. This action will eliminate future concerns for tank
leaks underground. Most notably, use of above ground tanks will allow for tank
relocation to any new Public Works site that may be constructed in the future thereby
yielding considerable savings. Although surface space at the current Public Works
Compound is in scarce supply, staff has identified a median location for the tanks such
that vchiclc movcmcnt at thc sitc will not bc impaircd. Furthcrmorc, placcmcnt of abovc
ground tanks is a fairly rapid process allowing for minimal downtime of fueling
operations,
Non-compliancc for cithcr thc rcmoval or closurc ofthc undcrground single wall cd tanks
by December 31, 2009 would result in penalties from the State, The vendor has
identified a schedule of II-weeks for completion of the project.
Thc projcct costs arcas follows:
Item 1: Design, Permitting, Closure Assessment & Other Professional Services
$ 33,500.00
Item 2: New Fuel Equipment - Tanles, Dispensers & Associated Equipment
$199,450.00
Item 3: Site Work - Concrete Pad, Drive Slabs, & System Installation
$115,800.00
Item 4: UST (tank) Removals $
42,000.00
Item 5: Repave Former UST Area $
18,000,00
Option I: Replace underground waste/hydraulic tanks with two 300Gal. double-walled
$ 2,700.00
above ground tanks
Option 2: Tank Stairs (lor access on top oftanks)
9,000.00
Option 3: Top of Tanle Fill Port w/Spill Bucket
5,000,00
$
$
COST
$425,450.00
5% Contingency $
21,272.50
TOTAL COST:
$446,722.50
- 145 -
Thc vcndor for this projcct was selcctcd from thc Palm Bcach County School Board Bid,
#09C-018K, Quotes were received from three of the five vendors on the contract with
Lutz providing the most comprehensive proposal at the lowest cost. The Palm Beach
County School Board Contract complied with Public Contract bid requirements equal to
or which exceeds the City of Boynton Beach's requirements.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Rcplacing thc undcrground
storage tanks with aboveground storage tanks allows for portability in the event the
Public Works Complex moves in future years, Additionally an upgraded fuel tracking
system will allow for tighter controls and improved fuel management.
FISCAL IMPACT: Funding for this project is available in the Vehicle Service Fund,
account number:
501-0000-389-92-00 Net Assets Appropriated $446,722.50
501-2516-519-63-25 Improvcmcnt Othcr than Bldg/Fuel Tank Rcplaccmcnt
$446,722.50
The funding and contingency shall be sufficient for this work. This does not contemplate
removal of large quantities of contaminated soil. This is an unknown at this time.
ALTERNATIVES: To elose the fuel tanles as required and fuel off-site at local fuel
facilities located in Boynton Beach
- 146 -
RESOLUTION ~O. R09-
A RESOLUTION OF THE CITY COM:vIISSIO~
OF THE CITY OF BOYNTO~ BEACH,
FLORIDA, APPROVING THE "PIGGY-BACK"
OF A PALM BEACH COUNTY SCHOOL BOARD
RFP #09C-018K WITH LUTZ PETROLEUM
EQUIPMENT INSTALLATIONS, INC., OF
POMPANO BEACH, FLORIDA, FOR LABOR,
EQUIPMENT AND :vIATERIALS FOR THE
INSTALLATION AND START UP OF A NEW
ABOVE GROUND STORAGE TANK SYSTEM
AND REMOVAL OF THE CURRE~T
UNDERGROU~D STORAGE TANKS FOR A
TOTAL COST OF $446,722.50, WHICH
INCLUDES A FIVE (5%) CONTINGENCY;
AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, City staff has confirmcd that thc County of Palm Bcach has
complied with Public Contract Bid requirements which equal or exceed the City o[
Boynton Beach's requirements; and
WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-
back" a Palm Beach County School Board RFP #09C-018K and authorizes the Mayor
and City Clerk to sign a Contract with Lutz Petroleum Equipment Installations, Inc"
o[ Pompano Beach, Florida [or labor, equipment and materials [or the installation and
start up of a new above ground storage tank system and then the removal of the
current underground storage tanks for a total cost of $446,722.50, which includes a
five (5%) contingency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and
- 147 -
confirmed as bcing truc and corrcct and arc hcrcby madc a spccific part of this
Resolution upon adoption.
Section 2, The City Commission of the City of Boynton Beach, Florida,
hereby approves the "piggy-back" of a Palm Beach County School Board RFP #09C-
018K and authorizes the Mayor and City Clerk to sign a Contract with Lutz
Petroleum Equipment Installations, Inc., for labor, equipment and materials for the
installation and start up of a new above ground storage tank system and then the
removal of the current underground storage tanks for a total cost of $446,722.50,
which includcs a fivc (5%) contingcncy, a copy of thc Agrccmcnt is attachcd hcrcto
as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED this __ day ofOctobcr, 2009,
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janct M. Prainito, CMC
City Clerk
- 148 -
(Corporate Seal)
- 149 -
CONTRACT FOR FUEL TANK REPLACEMENT PROJECT
This Agreement is made as of this _ day of , 2009 by and between
LUTZ PETROLEUM EQUIPMENT TNSTALLATIONS, TNC" a Florida Corporation,
with offices at 2300 N.W. 16th Street, Pompano Beach, Florida 33069 ("LUTZ"), and
THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at
100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City").
RECITALS
WHEREAS, pursuant to the Palm Beach County Petroleum Storage Systems
Ordinancc which dircctly follow Chaptcr 62-761, Florida Administrativc Codc, an
upgrade of underground single wall petroleum storage tank systems with secondary
containment tanks is required by December 31,2009; and
WHEREAS, LUTZ, submitted a proposal dated August 31, 2009 to the City to
providc labor, cquipment and materials for the installation and start up of a new above
ground storage tank system and then the removal of the current underground storage
tanks for a total cost of $446,722.50, which includes a five (5%) contingency at prices
based on Palm Beach County School Board RFP #09C-018K; and
NOW THEREFORE, in consideration of the mutual covenants contained herein,
and for other valuable consideration received, the receipt and sufficiency of which arc
hereby acknowledged, the parties agree as follows:
AGREEMENT
Section I. The foregoing recitals are true and correct and are hereby
incorporated in this Agreement.
Section 2. The City and LUTZ, agree that LUTZ shall provide labor,
equipment and materials for the installation and start up of a new above ground storage
tank system and then the removal of the current underground storage tanks for a total cost
of $446,722.50, which includes a five (5%) contingency at prices based on Palm Beach
County School Board RFP #09C-0 ISK, a copy of which is attached hereto as Exhibit
"A", except as hereinafter provided:
A. All references to the Palm Beach County School Board shall be deemed as
references to the City of Boynton Beach.
B, All Notices to the City shall be sent to:
City: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
- 150 -
Copy:
James A, Cheraf, City Attorney
Goren, Cheraf, Doody & Ezral, P A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Tclephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The proposal fram LUTZ dated August 31, 2009, IS attached hereto
Exhibit "B".
Section 3. In the event that the Palm Beach County School Board Contract is
amended, or terminated, LUTZ shall notify the City within ten (10) days. In the event the
Palm Beach County School Board Contract is amended or terminated prior to its
expiration, this Contract shall remain in full force and e1Tect, and not be deemed amended
or tenninated, until specifically amended or terminated by the parties hereto.
Section 4. The LUTZ agrees that in the event it enters into a Contract for the
same (or substantially similar) scope of services with another local government in Florida
which contains a term or condition, including fees, charges or costs, which the City
determines to be more favorable than the terms in this Contract, the parties shall enter
into an Addendum to provide those terms to the City,
Section 5. The insurance required shall require that the Certificate of
lnsuranee name the City of Boynton Beach as an additional insured,
Section 6. Tn all other aspects, the terms and conditions of the Palm Beach
County School Board Contract are hereby ratified and shall remain in full force and effect
under this Contract, as provided by their terms,
I~ WITNESS OF THE FOREGOI~G, the parties have set their hands and
seals the day and year first written above.
CITY OF BOYNTON BEACH,
FLORIDA
ATTEST:
By:
Mayor
City Clerk
APPROVED AS TO FORM:
- 151 -
James A. Cherof, City Attorney
WITNESSES:
BY:
LUTZ PETROLEUM EQUIPMENT
INSTALLATIONS, me.
ATTEST:
SECRETARY
- 152 -
Print Name:
Title:
EXHIBIT A
AGREEMENT BETWEE~ PALM BEACH COUNTY SCHOOL BOARD
AND LUTZ TRAFFIC CONTROLS, INC.
- 153 -
.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Oate Pin.t Form MuS( be Dale Fln.l Form Mu" I>c Da.te final farm Must be
C..:Jrnmissinll :Mtetinll Tumed in to ell" Clerk's Turned in to I&.g,!lJ. Turned in to Procurement
Om, Offi.ce
Senrember I, 2009 Mlmst 17 2009 AUQ:ust l2 20009 Augu" 10, 2009
0 Sc: .-ember 14,2009 Aurust 3 L 2009 AUifust 26, 2009 Aueust 24 2009
X O<Iober 6. 2009 Se 'emb" 14,200;, S_mk~, 2009 Sept<mbe' 7, 2009
O<Iob", 20, 2009 October 6, 2009 SOlllernl>cr 30 2009 S_mbe, 2S, 2009
NUURE OF
AGENDA ITEM
o Ci'Man ...',R,
New Business:
o Publioe Hcarir,
o Le I mm..mmm..._
o lln.tini:med Business
Q ..
RECOMMENDATION: Motion 10 appropriate 1>425,450 from tho Fuoll,land Improvement Ro><rve in the Vehicle Smite
FumJ (SOl), to I'ro,'ide funding in FY 09/10 forrequire<! Fuel Tank Rep'..ement Project (project #RP1001),
Monon '" al'JlTOve a Piggy-Back CODtract from tlle Palm Beach County SchooL Board (#09C.{Il SK) with Lut1; Peb:olou",
Equipmenlln>lallations, IDe, fot removal and closure offour (4) existing lIl1dergr-ound 10,000 !\'Illon diesel and unle..Jod
uDdergr-olll1d fueL ."""ge umks, one existing undorgrotmd l,OOO gallon l1ymaulio oil tank alld one exi'ting 550 galloo wasle
oil tank located at tlte Public Works Complex, Work to include in.mlJallon and Stal'l up of a new above ground 'torage tank
,ysrem consistiJ!g uftwo (2) 20,000 gallon fuel tanb ""d two (2) 300 gallon hydraulic and waste oil tanks, Totalpmject m,t
witlt option, i, 1>425,450,00 and is funded from the Fi.et Maintenance Di.i.ion account #501-2516.519-6325 (pmject
#RPIOOI).
EXPLANA nON: The Public Work. Complex i. the location of the fuel i.land fDr all City vebiele,. All vehicles JITC driven
to this site for fueling Underground and above ground petroleum storage tanh systems are regulated hy the Palm Bll:ach
County Petrole~m Storage Systems Ordinance which directly follow Chapter62~761> Florida Administrative Code. Tnls
Ordinance require3- the upgrade ofllnderground single \'1.1\11 pcl.roleurn stor~ge tank systems with secondary containment
(double-walled) tanb by LJeccmbor 3 L, 2009, The perposc of tho Ordinanc< is to minimize tlte occ1lI'I'ellc. and
environmental lisks. of releases and discharges intD the soU and correspc.nding water tables.
Staff is recommending that the existing UI'1derground tan"s be replaced with abm'e-grollnd, double-VI'3Ued steel tanks. This
.action will elim~nate future CQncerns for taJ1k leaks underground, Most notably, use r..;f above ground tanks will allow f-or tank
relocation to all)'' new Pub lie W oTks site that may be cQnstructed in the future thereby ~ielding ronsiderable savings.,
Although sU!fa<:e space at th.e current Public Wurks Compound is in S{'.arc.e supply, staff has identified. a median lOCa1!On for
the tanks such that \'~hicLe movement at the site VI.'ill not be impaired, F'Jrlhermore, placement of aboye ground tanks; is a
fairly rapi<l process aUowing fOT minimal downtime or fueling operations.
NOIH;ompliance f{lr either the removal or CIOSUIe t;)J Ole underground s.ingle walled tanks by Deoernber 31} 2009 would result
in penalties from the- State. The vendor has identified a schedule of 11~weeks fOTcomp]etion ofth~ project
S;'ollUlLh-ITNWORMSv>"UENDA ITEM REQUEST FORM.J>X
- 154 -
.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The project .costs areas fQIIQws;
Hem 1: Des.ign, Permitting, Clos.ure Assessment & Other Professional Services
Item 2: New Fuel Equipment - Tanks, Dis.pensers & Associated Equipment
"tern 3: Sit..;o Work-Concrete Pad, Drive Slab!!:, & System lnstallation
Ite'" 4: UST (tank) Remov.ls
It om 5: Re;>a"e FOllTler UST Area
Option I: Rep),",e underground WllSte/oy<lrnuLic tanks Witll two JOOGaI. double-walLed
.above ground tanks
Option 2: Tank Stain (for acce" on top of tanks)
Option 3: Top ofTank Fill Purl w/Spill Bucket
$ 33,500.00
$L99,450.00
$ 115,800. 00
S 42,000,00
S 18,000.00
S 2,700.00
S 9,OOO.OG
$ 5,000,00
TOTAL COST S4ZS,450,OO
The vemlor fur (bis project WllS selected from the Palm Beaco County &hool Bow Bid, 1I09C.0 18K. Quote, were received
from three of the five v-cndors on the <<mtract with Lutz providing the most '=Ctmprcber.sive proposal.at the lowest -cost The
Palm Beacb County &hool Board Contract complied with Public Contract bid requi,emems equal to or which ..coed, the
Cily ofBoy:ltoD Be:a(;h~s; requiTements.
PROGRA M IMPACT: Replacing the underground stornge tanks wim obovegr<Jllnd 'torage tank, aUow;s for portability in
tl1e evern Ibe Fublic Works Complex mo.", in fUture )'ears Additionally an opgrnded fucllracking S)'S,em ",JL allow for
tighter controls and improvoo. fuel management.
FISCAL IMPACT: Funding for thi, project is available in tbe Vehicle Service Fund, accountmunber:
50l-0000-389-92'{)() Nel Assets Approprioted $425,450
SO 1-2516-5] 9-63 -2~ Improveme.t Olher tlJan BldglFUe' Ta."Ik Replacement $425,450
ALTERNATIVES: To c1os-e the fuel tanks as required and fuel oft.5ite allocal fuel facililies k~cated. in BO)'lltDn Beach
Department Head's Sigrmture
CityM.nager', Signature
Assistant too City Manager
Public Affair,
Depanment Name
City Attorney I Finance
S:\ilDLlETIN".FORMSIAGENDA ITEM REQUESf fQRM.lJOC
- 155 -
\
PROPOSAL
LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INC.
2300 N. W. 16th Street 0 Pompano Beach + Florida 330690 1954) 971-5222 0 Fox: 1954) 9~0082
Service SlaNon Construction. Tanks Inslol/ed, Removed. Uned & Jested
En.ironmenlal Site A55e5smC'nn . Recovery Syslems . Monitorinq Welis 'nstolled
August 3t. 2009 Page One- of Four-
P'rop[l$!I!J S!.!brnittfd T(I:
City of lIoynton Beach
222 N.'E 9'. Avenue
Roy"lon Beach, F133435
.~IID: Pa." Lebl.nc
P'mjecl N:ame & Ll)c~tionn:
Pllblie Works Comple-x
We arc pleased to nbmtt our propc>sal OR ollr inWl"'pretatioD Dr your rtquirellltnfS.
Re: Public W{lrks C{lmD\cx (4'222 N. E, 9" Avenue. Bovnt{ln Beach. Fl.
SCODe (If Senices ProDosed
Lutz P .E.l. will proyide labor, equipment, llIId IlllIterials to complete two main tasks. The first task will be
the installation and start up of a new above ground storage tank (AST) system. Once the new system is
operational, Lutz will complete the second task, tbe removal of the ,mderground storage tanks (liST's).
This will ensure that fueling capahility is maintained to the maxImum extent possible,
Phase 1, AST Installation
1.
Provide a complete set of Professional Engineer signed and sealed construction drawings. PI<ms to
include layout, structural design, mechanical design, process flow diagram, electrical specifications,
equipment specifications and notes.
Obtain necessary permits o.
Install a cuncrete pad, roughly mea.,wing lOO.feetlong x 12-feet wide)( I.foot thick, Pad to include No.
5 reinforcing steel and 4-inch yellow, steel, concrete filled traffic bollllrds at 4-fool spacing around slab.
Install two concrete drive slabs adjacent to AST slab, Each drive slab to be approximately I OO.feet long
x IO.feet wide x 6.inches thick. Drive slabs to include No, 4 reinforcing sted and/or 6x6 10/10 WWF.
Provide, ship, otT-load, -Set, and anchor two (2) new Service Welding capacity UL-2085 Fireguard
aboveground storage tanks (AST's). Tanks to be cylindrical design 11.5-teel high x 34.5-feet long.
Tanh to be set end tu end on new slab in an East to West ulign-'"1lent.
Each tank to include a remote fill assembly un one end. The remote fills to include a one-point 3.;neh
quick hose connection with eap. check valve, shul-otf valve, stainless steel outer box spill protection
enclosure. manual spill removal pump, and locking door. The unleaded AST remote fill to also include a
Stage I vapor recovery assembly and connection. Include 3-inch steel pipes and connections to lop of
tanks.
Each tank to include mechanical high-level shut -otfvah'es and aluminum drop tubes.
Each tank to include emergency yents and normal vents.
Each tank to be fitted with an intersritial space leak sensor and level prohe, These electronic monitoring
devices to be wired into your existing Veeder-Root system.
3,
4,
5,
6.
7,
8.
9.
- 156 -
PROPOSAL
LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INC.
2:lOO N.W. 16"Street. Pompano Beach. FloIida 33069.1954)971-5222. Fax: (9541 96()-()082
Service Station Cons/ruclion. ranks InstaUed Removed. lined & Tested
Environmental Sne Assessments. Recave:.,. Systems. MonltorinQ Wells Installed
August:; 1,2009 Page Two of Four
Pr(l-poo~d SIJbmitt~d T(r:
Cih' uf BO~'Dton Beach
222 N,[ 9'1. Aven.e
BOYllton B",c~, Fl33435
A 1m: P.nl.a ublanc
Project Name & Location:
Public Works CompL.e-:.:
""II! .are plused to submit 6ur proposal 011: "~r ioterpretatiun a(your requirements,
10. Provide upgrade to existing Ttak System per Trak quole of 5-19-09 (quote # 2) and include wireless
comnnmication upgrade.
11. Pro,'ide and install Simp:ex Auto Tf3I1sfer pumps at Diesel and gas tan.~ with probe and sensors to
provide auto shut-oll" when tanks are full.
12, ?rovide and install two new GaBboy commercial grade double-hose, single product suction pump
dispensers. The dispensers will include Gasboy 52 pressure regulating valves, sheer valves, '/;" hoses
with re.attachablc breakaways, swivets, a:ld nozzlcs.
13. Provide and install a l.5.inch black iron pickup pipe, couble-tapped bushing, ami siphon valve,
emergency shut-off valve, and custom threaded above ground piping from each AST to the associated
dispenser,
14, Wi~ new Gasboy dispen<er pulsers to the existing fuel management system.
I j, Provide a licensed electrician to ",ire the new dispensers, the new monitoring devices, the existing fuel
management system, and thc existing Vceder-Root electronic monitoring system. Price includes
emergency stop.
16. Provide 3"0 party testing and certification of the new fuel lines,
17. Provide on-site startup assistance ,md continuous on-site ll1lSistance until the new AST system is tully
operational,
I E. Provide Professional Engineer signed and scaled As-Buills drawings of the new AST system, One set of
,1\.s-Builts will be submitted to the Palm Beach ERM.
Phase 2: UST Remonl. & Clnsure.
Once the ncw AST system is operationul, Lulz will remove and dose four existing 10,000 gallon diesel and
unleaded UST's, one exisling 1,000 gallon new oil UST, and one existing 550 gallon waste oil UST.
1. Provide a vacuum truck with a Butterwortb systcm to remove all remaining fuel and liquids from the
UST's and triple-rinse the tank intcrior clean, All former liletlines associated with the UST's will be
completely flushed and cleaned,
2, Saw cut, remove, and di,pose of overlying pavemcnt.
3. Excavate, remove, c'ut open, obtain ERM inspections, cnlsh, and dispose ofalll'ST's, fuel lines, and
associated eqnipment.
4. Perform tank closure assessment activities including the installation of a temporary monitoring well.
- 157 -
PROPOSAL
LUTZ PETROLEUM EQUIPMENT INSTAllATIONS, INC.
2300 N.W, 16"Slreet + Pompano Beach, Florida 33069 + (954) 97]-5222. Fax: (9541960-0082
Service Station Construction + TankslnslaUe<i Removed. lined & Tested
Envjmnmenfal Sile Assessments + Recove,y Systems' Monfforinq Wells Inslalled
Augusl 31,2009 Pay.1;': Thf<< uffoUI"
Pro.....1 S"bmiltoo To:
City of BolDton Beach
222 N.E 9"" A...u.
BOl",tO. Beach. FI 33435
Attn: Pllula LeblaDc
Project Name.& Lontion:
Public Works Complex
""'e are pleased to :submit oar proposal O'll our interpretatjoh of your requirements:,
5. Backfill the excavations with new eompacled dean fill to approximalely !I-inches below grade.
6. Resurface the former gasolineJd,esel CST area with 6-inche& of compacted FDOT crushed lime-rock
hase and ),5 inehes of ho:-rolled asphoJt. Straighten edges and tack coat prior to resurfacing.
7. Resurface the former waste oil and new liST areas "';tb 6--inches "freinforced concrete.
Notes:
L Permit fees are not induded (Fee& will be <harged at oost)
2. Any handling of contllminaled liquids or ,,,ils will be extra at agreed upon prices.
3. The city intends and Lutz is agreeable to "I'igg)'back" the contr.ctors PBCSIl eonlrai:l.
4_ City will provide a site survey ifnecdd.
Price Pro!>Osal
[tem I:
De~igl1, Permitting, Closure Assessment & Other
Professional Service-s.
New Fuel Equipment - Tanks, Dispensers &
Associated Equipment
Sile Work - Concrete Pad, Dr;.. Slab" & S}1cm
]nstallation
UST Removals
Repave Former LIST Arc.
$ 33.500.00
Item 2:
$ 199,450.00
Item 3:
Ilem 4:
Item 5:
$ 115,800.00
$ 42,000.00
$ ] g 000.00
Total $ .ws,7S0.00
- 158 -
PROPOSAL
LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INC.
2300 N.W. 16'" Street _ Pompano Beach + Florida 33069 _ (954)971-5222 _ fax: j954) 960-iK182
Service Station Construction + Tanks Installed, Removed, lined & Tested
Environmenfal Site Asse"ments + RecovelY Systems + Monitoring Wells Installed
August 31,2009 Page Fou,ofFour
Proposal Submitted To:
City or BOlDt.n Be.oh
222 N.E 9' A\'enue
Boynton Beach, F1134;S
AUn~ Ptlula Leblanc
Project Name- & Location:
Public Works Complex
We a.re pk:ased to submi. our proposal on our interpretation (If your- r~uirements:.
Ontwn I: AST's for Was:t~ Oil. "vdrauLie Oil. Lube- Oil. Etc.
(300 Gallon ul-142 doublf-w:illaOOlo"egrouDd skid tank, 312" dr.] 5~ lolllg,
cpo"}' prime.lurethllne mpcost ("",'hite), S-gallon .11Imil1um i1Jl'erfill wtZMo
locking (SIP, twoil emergebcy \'ents {prima.r:r & interstitial spaet)-.. r normaL
"ent wirain {'!lip, ae...e.1a_le, pop-up luk gagor (to detect presence -ortiqllid in intentitial),
~ti~br!.labeling. cODteD1!. .0.4 huard diamond. Indude-! sbipping to :!lit.....
S L ,350.00 e.tb
ODtiu-n 2: Tunk Stair 'For Atce!lS to Ton of1aol(
$ 4, 500 00 eIlch
ODting 3: Too .fTank fill fort 'ft"/Soill Bucket
(For "",,,udary fueling ability .ttop oflank, dipping lal1k, <Ie.)
:) 2~500.00 each
SchOOlll€: Arter Receiut 1)[ Sieooo AutllOri:zatitJn 1:0 Proceed:
Plans Pennits
Site Preparation
AST \;]Stallation
UST Removal
Job Closeout
30 Days
14 Days
\4 Days
] 4 Days
7 Days
Total time required from Authorization to Proceed
(Note: 1 Week ~ 7 Calendar Days)
2 Days
Tank and Equipment Lead Time is
4-6 Weeks
Y"urs truly,
George o. RaDdolph
V _ President/Ge" Mgr.
A<cepted
Dale
- 159 -
AGENDA ITEM
REQUEST FOR PROPOSAL NO,: 09C-Q18K RFP FOR PETROlEUM, TANKS
AND ENVIRONMENTAL SERVICES
DATE: June 5, 2009
DATE SOLICITED: Apn124, 2009
PRESENTED TO BOARD: July 15, 2009
DATE ADVERTISED: April 24, 2009
DATE OPENED: May 22. 2009
DATE PCSTED: June 5, 2009
CONTRACT PERIOD: July 16, 2009 through July 15. 2012
DEPARTMENT: 9095 FUND: 3714 FUNCTION: 7410
FUNDING SOURCE: Capital6udgel
REQUESTING DEPARTMENT: Environmental Control Office
ACCOUNT: 568100
FINANCIAL IMPACT
The estimated annual financial impact to the Capital budget is $200,000, The source of funds
is En'lironmenta' Contra' Departmenl budget.
Services to be pro'Jide.d indude but are not limited to .torage lenk removal, replacement and Installation,
fuel deliveries and transfers, disposal elc,
~
MINORITY
~
TOTAL
POINTS AWARDED
Core States Construction
"00
UoJ.o::.
Da~a Petroleum and Industrial Inc,
1M.
Glasgow Equipment Service, Inc,
80,6
lutzPEI
II
LEGEND:
~ Award
) ~ Reject
MINORITY - (2-African American, 3-Hispanic American, 4-Nallve American. 5-Asian IImerican, 6-Female,
7-Physically lmpah.d, 8-01her)
The EwluaUon Commillee, consisting of Districl staff, convened and reviewed all responsive proposals, II
was the recommendation 01 the Committee 10 award tI1is contract 10
RECOMMENDATON: I recommend contract award be made to the three Pi highest scored
I1lspol1sive, responsible proposers based on the evalua1ion criteria
outlined in the RFP,
Note: Or;gine1 RFP document is available upon I1lquesl,
- 160 -
RE;OUEST FOR PROPOSAt ~n 09C-{J1BK
Page 2
RF~ PROTE:;ST
FBiIIJr'e (0 fil& a protesl 'Within lhe lima prl'ls..~ltet;j in ~~20,S7'{3). Aorida. StarulllS, ~haIl oon:sli1u~8 a wail,r1;lf 'IJI proceedings .vndw Chap'lcr
120. I-'Fori(la; Slafu!es oEIld applicable Bo.3ffl rules, rcg..1rnkms ;:Ind policloes. OOers ~'rC)m fua \fflJlcjo~ listed her-ein are lhe- on,! (l!iero leoofved
Limety as of the at-ove openillg, dElle and time. All otl"Ier offers submtloo in response to lhl:; so1icH.atfon, if ;:my, are hereby rejected as lale.
lr a fI'OPOSel' wislles to pro\est a RFP. ~,r. ~t l,:Jo- $0 fn $tk1 ~af1ce with :r.e pr~ures. cuffined irl 'FS '20. 57{3). Any pEIrson ~o
rlles an actiOrl protE!$tlng:e declsloo or intenl:Je<S deci.i!O:'1 perIai~ng to this RrP pur.s:uat1t ~ fS 120.S.1\3)(~l. $hsll poS1 wlth the P\Jrchasirlg
Oeparhllent at the lfme of fi~no the fon'O'll3l WI1tten protESl, a bond secured by an ~ SU'el.y company ill FloriOa payable to lhe
School Districtaf Palm Beach Ct::w.Jfll~ in.m amoLlm OCJUallo 1 percelTl(1%)oftJ'x.;tnta'les'limstoL1OiX'1tractvalulli, but ~IBSS. tt\aJl S5OOnor
more ltJan $5.003. Bond shalt be roildfOOood Upocl lf1e !)ayJJlenl of aU cnsts that may be ~ ageinsi 1t1El: prolmt81 in trle
admiliistratlvs l1eflrlr.g rn which ~ etlJcn is DroUght and In at'fJ s.tJJ.seque.rrt aDpell8le <:ou1 PfoceOOill}. ~rl Ieu<< a 0000. ;8 csshiefs
cher::k. ~ benk. otteck. banII certi1ied company J;had<; Cf J'OOI'ley order 'Mil be ao:eptabre form of security. U. afIer co~~ IJf ltle
adminisll"aWve tJearllig ~5 and 2ny appellate court pll)Ceedngs. the DIstrict Pf~. i!. t;h;l;i~ ~ all oj;:tI$t5 aod ctlcrg6S wOOed 11
lt1e fi.,al 0t6er of i'~nt oo'lldlng d',at'gers tit the r>>,r[slori I)/' Admil\lstrati'll-e Hearirge. Upoti paymel'll of such costs .pfJ1jj ~ t1)" the
protester. too prulel>llXlCUmy :s:~el be let'.Jffie-::l. If lhe. ptcles~ prevalls., he or she shElll re~ from ltJe Dlslrid all coats 8nd d1~rges, wtlld1
shal be ioclWed in the 00011 or<lar of Pdgmoot.
DISQUAlI!')'INGJ<RIMES
The- blddBlf certffies tly Sl.lbrrbss!on of tfil~ bid, that 09tther i1 nor ~ pr1l'1c1pals Is :f)rese-lltJy debarred, suspended, proposed for
debilrmenl, OOcFared m.etg5b~ or volunl.a:it.{ eJ{(;:uded trom partlcl-pa:don In thrs treosactIon by Itte State (If Florida or Federal
G~mmenl Furtheor, bldd8l' certifies that it haB ~vtJJgad. 11'.1 its ~d resj::onee. ltIfotmation regamlng any of these actions Of
proposed adions ~lh olhet" g:wemme.1la1 ~nOOs.
~~ars
- 161 -
! I_A".
! RFP #09C-018K- REQUEST FOR PROPOSAL FOR PURC)LEUM, TANKS AND ENVIRONMENTAL SERVices
i
I
I -- --- Glasglow equipmellt Delta Petroleum ami
Evaluation Criteria .fi01Btr\n:llQQ.. 5'eNlce Inc. LutzPEI IlIdust,ial Inc.
1. Experience and Qualifications 6.6 14.4 14,0 14.0
(Points Available: 15)
. 2. Qualifications of Proposer's Staff 8 9,6 9.6 9,6
(Points Available; 10) I
3. Finn's Location and Respon<;e Time 9.2 9,6 8.0 9,8
(POints Available: 10)
4. Capabilities 15,6 232 21.0 22.8
(Points Available: 25)
5. Quality of Site Safety Plan 4.6 2.6 3.6 ! 3.2
(Points Availa!)le: 5)
6. Cost of Services 19.2 I 21,2 20.8 19.2
(Points Available: 25\ I
7. MinoritylWomen Business ! 0 0 0 0
Participation (Points Available: 10\ :
GRAND TOTAL 63.2 80.6 I 77 I 78,6
---
P~. ffn-7'Z-3(" pk M-'111-51-~1/
tho <;'fO -/'f%
SdiG-C11 Oi's.lrict or P".alm Be;.c.h (;\lunl~ FI
Bfd09C.01BK
School District of Palm Beach County FL
r.'
~/-~i&:t_"' ~~
Q~"~d-t:;
~ 8EACH cou:t'
Solicitation No. 09C-018K
Request for Proposal for Petroleum, Tanks and Environmental Services
RESPONSES ARE DUE PRIOR TO:
May 22,20092:00:00 PM EDT
R!,;,')P'ONSES MUST BE SUBMITTED ELECTRONICf',L!..Y TO
www.bidsvnc.com
1l1e School DIstrict of Palm Beach County is an
Equal Education Opportunity Provider and Employer.
htlp: Ilwww.oalmbeach.k12.f1.us/Bids/gurchfinfojeou itv coordinators ,gQf
.,f,a-\,22. 2r.'109 2;13:02 PM 'EDT
p ,
- 163 -
Sd1oo1 m~1riclof F",lm Bs.act'1 Cc.Uflly F'
Sid 1)9C.D1m~
Bid Oge-01SK
Request for Proposal for Petroleum, Tanks and Environmental
Services
Bid NLJmber
Bid Title
Bid 5tart Date
Bid Elld Date
Qllestion & Answ.er
E n.d Dat@
Bi d C~ntact
COntract OLJri:I~icm
Contract Re~oI!J\jal
Prices Goud for
B.d CQmme~t5
~'l::c:t 2?, 2.00g 2:13:02 PM EDT
09C-018K
R~U""5t for Proposal fo~ 'Pekoleum, TilInks and Environmllntal Services
Ap:r 241 201)9 3:21:UJ PM EDT
May 22, 2009 2::00:00 PM EDT
May 13, 2009 5:00:00 PM EDT
Jilin BunS
P'ilrchas.ing Agent
Purchasin9
5-6:1.-":34.8'05
Janet.butts@palmbe-ilch.k12.fI.us
:3 yeilln;
One renewel for 2-yor Period
See Term of Contract
"THIS lS A ND FEE RFP
Th. mil.ag. radiui eelectecJ is u!J~d only to hl!!lp in I!!stllblllhJr.g II maUlng Usl: for the
District. and ili by no meanlil meant to discourag-e any biddet"s from bidding who maV be
outside the selected mlleagoe t"adh.l:l+
Added an Apr :30, ::'009:
AD-DEND(JM 1:
This addendum mo-dlfles tnis RFP a51 follows.
Section 24.4 Now R-ead.s:
The aWllrded proposers shan pro\lldl!! 'OOm~et:1! c::opies of IInV insurance polic:y for
l"eq!Jired coverage within seven days of the date.of request by the PUE"chal5ing
DlilpiIortment but In IIny rll!spect n Illa:ft 30 daV9 prtor to the commen~ment of any term.
For ",U c;entrilllcts with tin amount of $5DO~OOQ ot" more tb. aduallNSURANC'E: POUCY
must be: ind\ld~d with the C-ertl-tlcJrte of Insu,.ance.
A. WORKERS' COMP'EN5ATlON~ Proposer(&.) must complv with Section 440f Florid"
Statutes, Work-erlS' Compe....sation and !Employees' Liability Insurance with mlrdmum
stiltu:tory limits.
B. CDMMERC[AL GEN.ERAl LIABILITY: Awarded proposers shall plowr", and mall'ltain,
fol' the lite -of the c:onlran.- Commerdal (;enernl L1abillq IncuranC:1e4 Thh;. pollq- sha'!
provide coverage for de-ath, bodilV injurv. per.sonal injury, pradud:5 ilnd E:Ompleted
I)p.erations liability and property damage tt1at r:ould arise directly or indlrectly from the
pe-rform8nCI!! of the contract:. It mV$t be.an f)(;CUrTence form p'DIIl::V. THE SCHOOL BOARD
OF PALM BEACH COUNTY SHALL EJ.E NAMED AS AN ADDITIONAL IN-SURED.oN THE
C:E'RnF1.CATE FOR COMMER<::IAl GENERAL LlABIUTV INSURANCE.
The minimum limits..o" el)verage shall be $lrCQO,DOO per oE::currence, Combined, Sin'lille
Limit for Bodily Injury l.lability a-nd Property D21mage Uability.
.c. BUSINESS A.UTOMOBILE UASItITY: Awarded prtJpo$e.1"5 shall procure and maintain,
for the life a.fthe oontrar:t,. B'Usinclis Automobile U.ability Inliurillm:e. THE SCHOOL BOARD
I)F PALM Bl:A.Ctt .cOUNTY SH.ALt. BE NAMED AS.AN ADDITIONAL INSURED ON THE
p.2
- 164 -
tA-'.,' 22. 2-D09 2: 13:J2 PM EDT
Si".h(lcf Oi~mct Ilf Pa-Im 8'ilacr, County 1'1
Bid QgC-01 6K
CERTIFICATE FOR 8US.NESS AUTOMOBilE UABllITY INSURANCE,
The minimum limits of coverage :shall be $1,000,000 peT or;:curr-cncel Combined Single-
Limit for Bodily Injury liability ;and property Damage Uahillty. This .cover-ilge shall be an
"'Any A.ulo" form 'Policy. The Insurllnce must be an o<<urrenee form policy.
In thl! evant the awarded proposer does not own .any vehicles, t.he Distrlct wU' ""cc:ept
hired Cilnd l1-on-l)wned OOvtuage in tt.e a",ounn listed aba....e. In .adtHtiQnr the Olstrict \III ill
f"cqui-re an aff-idav\ll: signed by the aWiu.-ded pro~Ot4!!r Indlatl.,.g th-e 'ollowing~
{Company Name} does not own any \t'ehid.es. In lhll! ev.ent the
companY' acquIres any "ehidlll$ tttroughout the term of the c:ontrac.l(
(Company Name) aurec:s to pl.Irchallle "Anv A.uto" cover:age as of lhl!" date of Bcquls\~on.
Section 24.4 Change to Re~d~
The awarded prOpOJiier5 sh-all pr(ll....lde complete cDpte:s: of any lnsuf<!nce pn1iq far
required COVilf-i.g6 within 5even <lllY. a-f the date of request by the 'Pu.rchae;:in'i
Department but In any respect ;rt least 30 days prll)or tc thill! commencement of ,mv term.
Fo.. aU cc.ntracts with an amount of $500,001) or more the- ad:ua~ INSURANCE POUCY
must be lndu<led with the Certificate of lnsurance.
A.. WORKERS' l;OMPEr-!SA.TION: Proposer(S!) must .cDmply with Sel;l:ion 4401 Floridiil
'Statute5~ Worken' Compen:5IU:ion and Employees' liabll1ty Insurilnce wfl:n minimum
statutory limits.
e. -COMMERCIAL GENERAL LlABIUTY: AWlIrned propOSErs .shall pro-o.ne and maintain~
for the life of the contract, Comme.rcla' General liability [nsuranC2. This policy shall
provide -coverage foro death, b-odlly Injury/ personal injury, produet5 iitnd. c;omplet6d
operZllti9ll5 liability al"lid properly o~milgE! that could arise d~ret::tly or ~ndirecdy fr-oM the
perlorm.anoee of the contri!llct~ It must be ~r\ Quccurrence fo.rm policy. TItE SCHOOL BOA.RD
OF PALM BEACH CDUNlY SHALL BE NAM~D AS AN ADDITIONA.L INSURED ON THE
CERTlACATE FOR COMMERCIAL GI!!NERAL UABILlTY IN5URA..-CE.
The mi~lmum IImHs of l::averaue sl\.all be $1.oo0.DOD per occurranw. Comb.ned, Singl",
i..i;':;it"fp";-so(iilY,":t:t\iury UllbllttVand Property. Da.;,ag,,'Liability." "-
C. 'BUSINESS AUTOMOBILE LIAB1UTY: AWilrded proposers s.11all proc:urtt and millinuin,
Coorthe life of the contract,.. Busine6!l Automobile Uability [nsuriln-c:e~ THE SCHOOL BOA.RD
Of PAlM 8EACH COUNTY SItALL B~ NAMED A.S AN ADDITIONAL INSURED ON THE
CfR-rlflCATE FOR BUSINESS AUTOMOBILE llA61tITY [NSURANCE.
The mlnlmum limlts."f co'Wlillragc 5hall be $L,OOO,Ooo per occa..rrenw, Combined Slng:le
Limit for BodU.,. InjU'ry liability and Property Damage Liabintv. This CQv8ril1"ge-lihall be an
'"Any Auto" form policy. The Insuran.c-e mu5t be an occurE'enell! form policy.
In the event the awarded proposer docs not own IiiInv v-ehicllil5/ the Oi:!!li'trict will.aceept
hired li!nd nDn.owned cO'lleragl!l in the .amounts listed ilboY..Jn .dditiol'lJ the Dlstri-d will
require. an :jlIffidi'lvit slgned by the awarded proposer IndlCilting the foUowlr'lg:
{Company Name) does not own ilny vehides. In the eve....ll%le
company acquire,. any vehh:::I-es- througBout th.e term -of th'& contrllC:'t, __._
(Company Name) agrees to purchase "'Any Auto" cOllerag.e ...s of the date of .acquisltJa-n.
The awarded prGpDser mus' comply with the minimum provisions of Florida Stute
StOllute 324 regarding Motor Vehicle Insurance Requirements.
D. The aw.arded propD$er must ha",e Connctof"5 Pollution UBbUity insuran.ce wilt!
minimum policy Ilmitii of $1,000,000. THIS SHOULD BE AN OCCURRENCE FORM POLICY
AND THE SCHOOL 'BOARD OF PALM BEACH 'COUN.IY SHQUlD BE. NAMED AS A.N
ADDIT10NAL INSURED.
Please ;e!lcknowledge receipt of this addend-um with your signature and return with your
RFP. Failure to return will n:5ult in rejecUon of yuu... RFP.
Added on MillY 4, 2009:
ADDENDUM 2.~
p"3
- 165 -
Sehoa.l E:R~Iri.~t {If Pa-Ir:"\ Beach CClunl~' FI
Bid O'9C-01BK
This addendum mQdt'i'll$ this RFP a$ follows:
ADD TO DESCRIPnON:
Uplo.ad VDur propol5ii!1l using 'the Att.chment option (Upload Attachment)
PI ail" f;illll Bid5vne 5U-PPOrt
1.800..99.0.'51339 e:k1: 1 fo," I$sls't.ana.
Add.ed on May 15, 20-09:
ADDENDUM 3:
This addendum modifies this RFP ii!l$ follows:
trlQW Reads;
Con.ditions .and Specifications, Section 1:$.0
18.0 PAYMENT ANI:> PERfORMANCE aCINI:>:
18~1 The successfUl bidder $hall furnish. oil s.urety bond ilI$ t:e(.urlty fat falth......1
pert<ltman.ce of the order(li) awarded as ill result of tt.is bid, and far- thoe pay'm.en' 0'''.
'P.lrsons. perf.ormlng labor, and on their fumisbing materials in connection there.....lth.
Sunny of such bond shall be In an amount. &qual to t'he bld. The AttornE!y~In..Fi!lrtwho
signs the bond must file. with th.e bond oS certiffcM@I iIIIn.d 'elffective dated copy or I'ow.er o.f
att.orn.ey. Bonding comp.n" mus.t Illppear- on U.S. T:rl!',:ii!lsury 1illi1:. p,.rf.ormance: and
payment bond must be fOI"WiIlIrded to th-e Dll'Elctt)r of Purchasing within is days of
r'H)1;lf~a1:l(}n of award of this cont~ct. If this bond Is- "at t-e<:elved s~ld bid wl'l bE'! subject
'to (;:iIIn~ll.tIGn.
18.2: To ensure maximum partlclpat~on.t all MjWBEs and small firms in ~ccordant:1l!l wi,h
F .s. 2.:55.05 will be allo-wEld .a bond w.lw.r on eons1rudlon p..~ect5 up to $2:00,-00-0.
PreClu~lificlltion5 for -contr8ctot61 on $enool District contrad5 ilnd service5 wll1 be
required at $200,000 instEuld of $501000.
18~3 F~S. 2B8~703 - ....Small husin@ss" means an [ndependently awned and oper-ated
buslneBs com::ern which employs 25 or fewe-r permanent full-time emp~oyet!:S, and whic.h
has ClI net; worth of na.t more than $1 million, net worth requirement shall incl1Jdlt both
P"~"'" find btulllleS:!iI Inlllestments.
Change: to R~.ad:
Conditions. and sp-eciflcl!ltlon.s. Section 3.8.D
D:ELETE SECTION 18.0 IN ITS t:~TtR']TY
Please acknowledge l'eceipt ofth~!il i1IddendLlm with your si'fillnatur-e and r-etLlrn with Y'ur
RFP. FaUure to ,.eturn 'Wit! result in rejection of your RFP.
Ct.ang-tls m:m~ on APT 30, 2.009 10;S-S:2.0 AM EDT
New Dm::llments RFP Q9C.018K Addendum 1.c1oc
Ch.anges made on MBY 4, 2D09 10:21:53 AM :EDT
Changes w.ere made to the following items;
Chl:lniQIes made Qn M4IV 15, 20D9 3:2Z:::i!S PM !EDT
New Dcc;uments RFP 09C-01BK Addendum 3.doc
Item Response Form
MCly2::!. 2M 2:1J:'J.2PM EOT
p'
- 166 -
Sch-oOl DiMri.d M P~11";1 B-€fbM Ce;.unl~' n
Bid OSC-CBK
Item 09Ca018K~1-01 a.
QUantity 1 -each
Pric.es are r\ot reque.sted for this item.
De~i\fery loc:atlcn School Distrirct of Pillm Deach County: FL
V.ariou Locations fQLth~
Pe'""' 13!!,sch County School District
Wes: .P~.m B@ach Fl 33406
Qty .
De!Scri p'ti on
Arjded 011 May 4, 2009:
Uploa.d your proposal using tile Attachment oDtion (Upio.ad Atlachmeli'i:)
Plea.se cali BjdSync sup~ort
L80<l.99-0."9339 ~;::t 1 foO'!' ilssi5taAi:e.
Changes made on Nay 4, 2.009 10:21:53 AM EDT
"r.a'f.22_ 2;;l09 2:13',)2 PM ~DT
'fl,5
- 167 -
5<:hool Dis1Jict of Parr(! 8~;:lct1 ("'..(JUl1t~ Fl
B-id{)9C-{li8~:
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
REQUEST FOR PROPOSAL (RFP)
REQUIRED RESPONSE FORM
09C-018K
DATE: April 24, 2009
TinE: RFP FOR PETROLEUM, TANKS AND ENVIRONMENTAL SERVICES
This proposal must be submitted to BidSync for the School District of P.lm Beach Co.nty,
Purchasing Departm""t, no later than 2:00 PM on May 22, 2009. Proposals are due and will be opened
al this time,
Anti-Collu5ion S~'kIm&nt I Public Domain
l, the ul'ld&re.ignad proposer have not divufg:ed, di8cyssed, or -compared this 'Proposa~ with any
othor proposal" and nalitll not co\ludad w1th any OUlilT proposer In the preparation or this proPQsiJl
tn order to galn an unfair advantage in d1e award .of this pro-posal.
I acknowl&dg& that all information contain&d hel'1li1nls part of tile public domlilin .\t5 defined In the
Public Records Act. Ch.nler 119, F.S.
p-tonosal CertificaUon
l hereby -certify 'dl.at I am .submitting the following information IS m)l' company~s proposal and unde~tarn:l that by
virtue of exocuting and returning with this proposal thls REQUIR'ED RESPONSE FORM I furthe-r c.ertif)' full,
complete and uniCondJtion.al acceptance of the ICQntGrlts of this Request for Proposal, and all appendiCGs ani:! the
contents of any Addendum re!ea$l)d here-toO. PrDposal.nna1; be signed by an offle-er or employee bSliing ;uttlorlty
to legally bind the propDs.er.
PROPOS~R (firm name):
STREET ADDRESS:
C'TY & STATE:
ELECTRONIC SIGNATURE OF AUTHORIZED
REPRESENTATIVE:
TITLE: \
COI>lTACT PERSON:
CONTACT PERSON'S ADDRESS:
TELEPHONE:
DATE:
I
E-MAil ADDRESS: I
PROPOSER TAXPAYER IDENTIFICATION NUM8~R:
FAX:
TOLL
FREE:
INTERNET URl:
Ma,. 22. 2009 2: 13:fl2 PU: EDT
p_i5
- 168 -
Sdm{ll District of Palm B.e.ach COL.>n'l'l' FI
Bid (J9(:..<mh(
TllE SCHOOl D'ISTRICT
OF PAl....ll EACrI GOUNTY, FlOF.IM
PlJf~!Jeplrtnrlnt
3300 N;.flll5t HIli eOl.llso.o.rl. SIlI..A.:323.
West Palm B!aeh, Fl 33Aooa1S-
Phona:t~}4:!i4-1121G FiD::~561,~i!3
"""'"""',llOI.illJt_
SHl.ROtI SWA~
OIRurOfl:
ARTitJRC. JOHNSO~. P!'lJ'lo,
SI.."f'ERJNTENOfN1 DFSC'HOOL$
April 30, 2009
ADDENDUM NO.: 1
REQUEST FOR PROPOSAL NO,: 09C.ll18K
1m",',: REQUEST FOR PROPOSAL FOR PETROLEUM, TANKS /I. ENVIRONMENTAL SERVICES
RETURN DATE;: MAY 22, 2009. 2:00 P,M. EST
Thi. addendum modif:eslhe above listed RFP as follows:
Section 24.4 Now ReHaB:
The a.warded proposers shall provide complete copies of any insurance policy for reqUired coverage
within seven days of the date of request by the Purchasing Department but in any ,espeot at least 3~
days prior to the COlTd11encement of any term, For all contracts with an amoun! of $500,000 or more
the actual INSURANCE POLICY must be incluc:ed wilh the Certificate of Insurance,
A. WORKERS' COMPENSATION: Proposer(s) must complv with Section 440, Florida
Statutes, Workers' Compensation and Employees' Liability Insurance with minimum
slatutOly limits,
B, COMMERCIAL GENERALlIA8111TY, Awarded rrol'osers shall procure and maintain,
for the life of the contract, Commercial General liability Insuraoce, This policy "'all
provide coverage for death, bodiiy injury, persona' injury, pruducts and completed
operations liability and property damage Ihat could arise directly cr indirectly from the
performance of the contract. II musl be an occurrence form policy_ THE SCHOOL
BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDiTIONAL
INSURED ON THE CERTIFICATE FOR COMMERCIAL GENERAL LIABILITY
INSURANCE
ne minimum limils of coverage shall be $t,OOO.OOO per occurrence, Combined, Single
Limit for Bodily InjUry liability aod Property Damage Liability.
C. BUSINESS AUTOMOBILE LIABILITY Awarded propcsers shall procure and mai~tain,
for the life of the contract, Business Automobile Liability Insurance. THE SCHOOL
BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIO'lAL
INSURED ON THE CERTIFiCATE FOR BUSINESS AUTOMOBILE LIABILITY
INSURANCE
M<I)f:<,;:r,lOO92:1~.:'X2PMt:.rrr p.!
- 169 -
Sd100l Dif>'nct of Palm B€-a~h COl.Jnlj' F~
Bk,H19C.016K
The minimum lim~s of coverage shall be $1.000.000 per occurrence, ComlJ.ine<l Si~gle
Limi! for Bodily Injury Liability and Property Damage Liability. This coverage shall be an
"Ar'lY Auto" form policy. The Lnsurance must be an occtlrrerlce form policy,
In the event the awarded proposer does nol own any vehicles, Ihe District will accept
hired and non-owned coverage il\ the amounts listed above. In addilion, the District will
require an affidavit signed by the awarded proposer indicating Ihe following:
(Company Name) does not own any vehicles. In the evenl the
company acquires any vehicles throughout the term of Ihe contract,
(Company Name} agre"s to purchase "Any Auto" coveragc a. of Ine date of
acquisition.
Section 244 Change t~
The awarded prop".ers shall provide complete copies of any insuraTlce policy for required coverage
within seven days of Ihe date of request by Ihe Purchasing Department bul in any respect at lea&1 30
days prior to the commencement of any term. For all contracts with an amount of $500,000 or more
!he actual INSURANCE POLICY musl be included w~h the Certificate of Insurance.
A. WORKERS' COMPENSATION: Proposar(s) must comply with Sedon 44ll, Florida
Statutes, Workers' Compensation Bl'1d Employees' Liability lnsuance wftt1 minimum
statutory limits.
B. COMMERCIAL GENERAL L1AlllllTY: Awarded proposers shall procure and maintain,
for the life of the contract. Commercial General Liability Insurance, This policy snall
provide coverage for death, bodily injury. perSDr'1.a! injury, products and !:.ample!ed
operalions liability and property damage that could arise directly or indire:tly from the
performance of Ihe conlract It must be an occurrence form policy. THE SCHOOL
BOARD OF PALM BEACH COUNTY SHALL 8E NAMED AS AN ADOITIONAL
INSURED ON THE CERTIFICATE FOR COMMERCIAL GENERAL LIABiliTY
INSURANCE.
The minimum lim~s of coverage shall be $1,000,000 per occurrence. Combined, Sir,gle
Limit lor Bodily Injury Liability and Property Damage Liability.
C. 8USINESS AUTOMOIlILE LIABILITY: Awarded proposers shall prtlCUre and maintain,
for the life of the contract, Business Automobile Liability Insur3nce. THE SCHOOL
BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN AODITlmlAL
INSURED ON THE CERTlF:CATE FOR BUSINESS AUTOMOBILE LIABILITY
INSURANCE
7he minimum limits of coverage snail be $1,000,000 per occurrence, Combined Single
limit for Bodily Injury liability and Properly Damage Liabilily. This coverage shall be an
"Any Auto" form poiicy. Tne insurance must be an occurrence form policy.
In the event the awarded proposer does not own any vehioles, the District will accept
"ired ~nd non-owned coverage in Ihe amounts iisted above. In add~ion,lhe Dislri:t will
require an affidavil signed by the awarded proposer indicating the followiog.
(Company Name) does not own ~ny vehicles. In the event the
company acquires any vehicles throughoutlhe term olthe cont,act,
(Company Name) agrees 10 purchase "Any Aulo" coverage as 01 the date of
acquisition.
fAO,! 22'. 2(l092~l3:n2I'MEDT
p'
- 170 -
~,'8~ 22_ 2009 2:13:02 PM EOT
Sch.col Olstrict af Pa1M Beach COLJniy FI
Bid f'J9C-{l.18K
The awarded proposer most comply with the minimom provisions of Florida State
SlaMe 324 regarding Molor Vehide Insurance Requirements,
D. The awarded proposer must have Conlractors Pollution Liability in.urance with
minimum ~clicy limils of $1.000,000. THIS SHOULD BE AN OCCURRENCI: FORM
POLICY AND THE SCHOOL oOARD OF PALM BEACH COUNTY SHOULD BE
NAMED AS AN ADDITIONAL INSURED.
Please acl<.nowledge receipt ot lhis addendum with your signature and return with your RFP, Failure
to return will result in rejection of your RFP,
BIDDER: I
By,l
TITLE: I
DATE: I
Jan Bulls, Purchasing Agent
Genell McMann, Purchasing Manager
p.
- 171 -
Sf'nnol Di!;j~nct (If Pslr.t Eeach COl.)nl'~' Fl
B~ 0'8C.(J1ai\
SCHOOL OISTRICT OF PALM BEACH COUNTY
PURCHASING OEPARTMENT
3300 Forest Hill Boulevard, Suite A-323
West Palm Beach, FL 334[lS-5813
(561) 434-6216 -Main Phona
(561) 963-3823 - Fax
May 15, 2009
~PUM NO.: 3
REQUEST FOR PROPOSAL NO_: 09C.o18K
Ill],..!:.: REQUEST FOR PROPOSAL FOR PETROLEUM, TANKS & ENVIRONMENTAL SERVICES
1KIllBIiJ)6TE;: MAY 22, 2009,200 P,M, EST
This addendum modifieS the above listed RFP as follows:
Now Ru.!!s,;,
Conditions and Speclflcallons, Section 18.0
18.0 PAYMENT AND PERFORMANCE BOND:
J:IU Tbe successful bidder shaH furnish a surety bond as security for faitbful perfmmance of the oroer(s)
awarded as. a result of this bid, and for me payment of all persons perfonn\ng labor. and on their
furnishing materials in cOlmectioiL th-6i-6wi:h. Surety of g;jch bond :shall be in <10'1 a.--nount equal to the
bid. The AttlJIney-in-Fact wh.o signs the oond must me with the bDlld a certificate and effective dated
copy uf power ",r attorney. Bonding COJl:pany must appear an u.s. Treasury list. Performance and
pay men. bond must be fon...arded ta the Director of Purchasing within t 5 days of I'lotltication of award
nf this oontm.;;:t if tlJis bond is oot received said bid wl11 be subj.;;:-ct to -cam:ellaticn.
18.2 To c:rt!iUrc ma.ximum participation, aU M/WBEs and smail tinns. in accordance with F,S. 25SJ):5 will be
.allowed a bond waiver on cons.lruction project1> IIp to $200,000. Prequalifications for con1ractQr5 em
SchoCJl DIs.tric~ confracts and services will nc (equin~d at $2(J(),OOO instead of$50,000.
19.3 F.S. 288,70:3 - "Small business." means.:an independently owned and opera.ted business concern which
emp~oys 25 or fewer pe:rmanl;';nt full-time emplo:ree;5~ and which has a net worth of not more 1n.an $L
mUlicm, net worth requirement snail includ~ both personal and bu~;nes5 invesments.
Chanqe to Read:
Conditions a~d Specifications, Section 18,0
DELETE SECTION 18.0 IN ITS ENTIRITY
Please acknowledge receipt of this addendum with your si~nalure and return wilh your RFP. Failure
to return will result in rejection of your RFP.
By virtue of signing Ihe Request for Proposal, bidder agrees to this addendum_
BIDDER: I
Ma'l' 22'. 2()09 2:1J:.)2 PM EDT
p1D
- 172 -
Sd100l Dis.\rd (If Palm i3e;!i!Ch CoUJ'lI,. FI
Bid 09C-C li3K
By:1
TITLE: I
DATE: I
'-J;:!:\, 22, 200~ 2:-13:02 PM EDT
Jan Sutts, Purchasinll Agent
Genell McMann, Purchasing Director
~. '\1
- 173 -
Sctruol Di~tri~\ {Jf Palm Beacll Gounl'l' F~
Bi,j()9G---IJ1BK
SCHOOL BOARD OF PALM 8Eo\CH COUNTY
REQUEST FOR PROPOSAL 09C-018K
FOR
PETROLEUM, TANKS AND ENVIRONMENTo\L SERVICES
t.1l INTROOUCTlON
1.t This is a Request fo, Preposal (RFP) For Pelroleum, Tanks and Environmenlal Services to The
School Board of Pa:m Beach County, Florida (the Boa,d). the 90vern;n9 body For the School
District of Palm 8each County, Florida (the District). These services will include, but not be
Iimtted la, storage lan\( removal, replacement, installation, fuel deliveries and transfers, waste
disposal, hydraulic Ii~s, boiler systems, etc,
1.2 All terms and condrtions of Ihis RFP, any addenda. ~.ropose(s submissions and negotialed
terms, are incorporated into the contract by reference, as set forth herein.
1.3 Doc:umerJt files may be exam~ned. during nonnal workir.g hours, ten days after ?ro~l:;l have
been opened,
2.D INSTRUCTIONS TO PROPOSER
2. t All proposals must be received no later than 2:00 PM, on May 22, 2009. Proposals must be
transmitled electronically 10 BidSync at 'JIWW.bldsvnc.com .
2,2 BidSync will not allow Proposals to be submittell after the closing dale anlllime. Hard copy
propOM:S will not be accepted,
2.3 All proposals must be signed electronically by an officer or employee haVing authority to legally
binll the P roposer(" I.
2.4 Proposer shoulll become familiar w~h any local conllilions which may, in any manner, affecllhe
services r"qued. The prop<Jser(s) Islare required to carefully examine the Rf'P term. and
become thoroughly familiar with any and all condifions and req"irements that may in any
manner effect the \Vorl<; to be performed under Ihe contract. No adllitional allowance will be
made due to lack of knowledge 01 these conllltion".
2.5 Proposals not conlonning to the instruction" providell herein will be subject to disqualification at
the sole option of the Board,
2.6 Any proposal may be withdrawn prior to the date am! time Ihe proposal. are d"e. Any proposal
not withdrawn will constitute an irrevocable offer, tor a perioll of 120 days, to provide the District
with the services specified in the proposaL
3.0 TIME SCHEDULE
3,1 The District will attempt 10 use the following time Sched"le which will res "It in selection at a
proposer(s).
May 6, 2009
May t3, 2009
May 22, 2009
Pre proposal Conference (affendance is stronglyencO<1raged)
Deallline for submission of question on Bidsync a15:00 PM.
Proposals due no Ialerlhan 2:00 PM EST,
Ma~' 22_ 200':3 2:1;lOZ PM fDT
pn
- 174 -
Scl-,c\<Il1 DiSi.ricl c.f "Palm Be-ach CoI)urotl" fl
Bid OOC.{J1J3K
June 3, 2009
June 5, 2009
July 15, 2009
'Evaluation Coml'lillee Meeting
Posting of Recommendation.
. Recommend proposer(s) to The School Board of Palm Beach
County for approval.
. This is an open, public meating.
3.2 Notification of any changes to the time schedule wEI be made 10 proposers through BidSync.
3.3 Response to inquiries regarding the stalus of a proposal must not be made prior 10 Ihe posti'g
of award recommendation,
4.0 AWARD
4.1 The Board reserves Ihe r:gM 10 accept or rejecl an'f or all proposals.
4.2 The Board. throug'1 is designee(s}, reserves t:1e right 10 waive any irregularities and
lechnlcal~ies and may, at its sole discretion, re<:\uasl a clarificalion or other information to
evaluate any or all j>roposals
4,3 The Board, through is designee(s), resarves the right. before awarding the contracl, 10 require
proposer(s)10 subm~ evidence of qualificalions OJ' any other information the Board may doom
necessary.
4.4 The Board, through its desig1ee(s}, reserves the right. 1'"or to the Board's approval, to cancel
the RFP or p<lctions thereof, without penalty.
4.5 The Boerd, through its designee(s), reserves the right to: (1) accept the proposals of any or all
ofthe ~ems il deems, al its sole discretion, to be in the best interest of the Dislricl; and (2) reject
any andior all items proposed or award to mllltiple proposer..
4,6 The proposal wilh the highe.t number of points will be ranxed firsl; however. nothing herein will
prevenlthe Board from making multi~.le awards and deeming all prop<lsals responsive, and
assigning war. to any firm deemed ,e.ponslve.
4.7 The Board, through its desianeeis), reserJes the right to further negotiate any proposal,
including price, wilh Ihe highesl rated proposer. If an agreement cannol be reeched with lne
highest rated proposer. ,he Dislrict reserves the right 10 negotiate and recommend award to the
next highest rated proposer or subsequent proposers until an agreement is reached.
5.0 TERM OF CONTRACT I RENEWAL
5.1 The term of the contract shaH be for toree years from the dale of award, and may, by mutual
agreement between the Bo.srd and the contract awarded proposer(s). be renewable for one
addilional two-year period the Board, through the Purchasing Department, will, if considering
renewil1jJ, request a letter of intent to renew from the contract awarded proposer(s) prior to "e
eod of the current conlract period. If needed, Ihe conlract will be extended 90 days beyond the
contract expiration date. The contract awarded proposer(s) will be notified when the Board has
acted upoo the recommendation. All prices shell be firm for the term of this conlracl. The
coofrac, awarded proposer(.) agrees to this con<lition by signing Its proposal.
f,-1~'r' 22. lfJ:002:i3.:0Z PM EDT
p.13
- 175 -
Schnol Di"mcl of Palm Baach Count)' Fl
B-d 09C.018K
6,Q RFI' INQUIRIES
6"1 Any questions concerning cond~ions an.j specifications must be submitled on BidSync no later
thail 5:0'J p.m. EST, May 13, 2009, Questions re<:e1ved in writino by the time and date
specified will be answered on BidSvnc Jan Butts is a"thorized only to direct the atlention of
prospective propose'" to vario"s portions of tne RfP so that they may read and interpret wch
for themselves" Neither Jan Butts nor any employee 01 the District is authorized t<l interpret any
portion d Ihis RFP or give information as to the requirements of the RFP in addition 10 Ihat
contained in the written doc"menls.
62 If necessary, an addendum will be distribuled by BiOSync 10 all who are known by the
Purchasing Department to have received a complete sel of prop<lsal documents.
6,3 Copies of addendum wiil be made available for inspection at the District's Purchasing
Department where proposal <Jocuments will be kept on file"
6,4 No addendum wili be issued later Ihan Ihree calendar days prior to Ihe dale for receipl of
proposals except an addendum withdrawing the req"est for proposals or one which includes
postponement of the date for receipt of proposals.
6.5 No verbal or written information which Is obtained olhe, than by informalion in Ihis RFP, or by
addendum to Ihis RFP. or by negotiated lerms will be binding on Ihe Board"
7.0 BENEFICIAL INTEREST ANO DISCLOSURE OF OWNERSHIP AFFIDAVIT
7 J The Board is reques[;ng this affldavij to include a Iisl of every .person" (as defined in Section
.1.Q1(3), Floric:'a Statutes, to include iodivkluals, children. firms. associates, joint adventures,
partnerships, estates, trusts, business \rusts, syn:licates, fiduciaries, corporalions and ail other
groups and combinations) holding 5% or more of Ihe beneficial interest in the disclosing entity,
The affidavit m"sl be returned 10 the Purchasing Department wilh Ihe RFP or within three days
of request To submit this document, YO" must prinl, complele, notarized and re.uploaded it to
BidSync. Tms form is looated at the end of this document
8,0 LOBBYING
8,1 Proposers afe hereby advised that lobbying is not permitled w~h any Dislricl personnel or
Board members rela1ed to or invoived wilh lilis RFP until the administralion's recommendation
for award has been posted atlhe Purchasing Department reception center. All oral or written
inquiries must be directed through the Purchasing Department
iL2 lobbying is defined as any action ta~en by an individual, firm, a""ocialion, joint venture,
partnership, syndicate, oorp<lrat!on, and all other groups who seek 10 influence the
governmental decision of a Board membe, or Olstrict personnel after advertisement 01 the RFP
and prior 10 t~e posted recom'11endalion on lile award of Ihe contract
8"3 Any proposer who is adversely affected by the recommended award may file a prolest within
the lime prescribed in seclion 120,57(3), Floida statules. Failure to post bond with the Board or
to adhere strictly to the requiremenls of statutes and Sla1e Board of Education Jules pertaining
to prolests will resutl in summary dismissal by Ihe Purchasing Department. Addilionaliy. any
proposer who is adve'sely affected by the recommended award may address the Board at a
r",""larly schedulell80ard meeting
8.4 Any proposer or any individuals Ihat tabby on behalf 01 proposer during the time specified will
resuit it. rejection I disqualification of said propO$SI.
May 22, 200'9 2:13;02 PM EDT
P 14
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9.0 PRE-PROPOSAL CONFERENCE
9.1 A pre-proposal conference win be held at the School District of Palm Beach County, 33{)O
Forest Hill Bouleva,d, West Palm Beach, Florida, Conference Room Thurber C, First Floor, on
May 6, 2009 at 2.00 p,m. All prospective ~roposer$ should attend said pre-proposal
conferen~.
9.2 Bring all pre-prepared o"estions in writing. Compose your questions on paper, ask your
queslions at the pre-peoposa1 conferen'08 and give the facilitator the written copy of your
questions. Please write each question Ihat you will ask on a separate piece of paper showing
the RFP page numbe, to which the q"eSIIOn refers. After you ask your questions, the pra-
proposal conference faoililato, will collecl your written copy of the questions asked, Submitting
your q"estions in writing will assist in the preparation of an addendum, if needed, and will
eliminate any confusion in understanding your questions.
1M SCOPE OF SERV1CES
10.1 This is a Req"est lor Proposal (RFP) for Petroleum, Tanks and Environmental Services to !he
School District of Palm Beach County, Florida (the District) These services will inciude, but noi
be limited te, storage tank removai, replacement, installalion, fuel deliveries and transfers,
waste disposal, hydraulic systems, boiler systems. etc.
11,0 EVALUATION COMMITTEE MEETINGS
11.1 As stated in Section 3.1 and Section 14.0 the Eveluatio'l Committee will be convened 10 review
and evaluate responsive proposals, for the purposes of making a decision as to an intende<l
award. Per section 286.011, Florida Stat"tes, the Evaluation Committee meeting is open to the
public. Notification of the Evaluation Committee's decision wiil also be posted for review by
interested parties at the School District Purchasing Department, 33{)O Forest Hill Boulevard,
Su~e A-323, West Palm Beach, FL 334W,
12.0 PREPARATION AND SUBMISSION
121 Please nole lhat BidSync wiil not allow a proposal to be submitted until all attachments have
been reviewed (S<:lme requiring completion) on BidSync,com.
12.2 In order 10 meintain comparability and enhance the review process, it is requested thai
proposals be orgamzed in the manner specified below. Please upload your proposal in one
Document. Inc'"de all fespc,n."s to the questions in your information. It is re..uired that vour
information be uoloaded to BidSvnc, 1>lease contact BidSync at 800-!}9Q-9339 if you
require assistance with document upload,
12,3 Tilie Paae: Show the dale: RFP number; RfP subject; and propcser's name, address,
telephone number and email address,
12.4 Table of Conlents: Include a clear idenl<~cation of the material oy section and by page number.
12.5 letter of Transmittal: Give the names ef the persons who will be authorized to ma~e
representalions for the proposer and their titles, addresses, and telephone n"mbers.
12.6 Reouest for PreDosai: Complete the Required Response Form (page 1 of RFPI with all required
informalion comple1ed and allsignaluras as specified.
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12.7 Experience aod Qualific;ations 01 the Firm: The flrm must hold and must provide w~h th,s
response a copy 01 current Pollutanl Storage Specialty Contractor license from the Florida
Department of ProlessiOllsl Regulation. State the experience your firm has had in the last three
years speciflca:ly in petroleum related services.
12.8 Qualifications 01 Staff: Give th<l names 01 individuals who will be assigned to the contract, if
awarded to proposer, and include their resumes and expand on lheir experience in the area
they will be serving.
12.9 Firm's Location and Response Time: Geographical location of the fion and field staff will be
considered as 10 how it related to res]lonse time.
12.10 Caoabilities of Fill11: The Dislrict is interested in contracting wrth firms capable of providing all
petroleum related seNires that may be require<!. These services will include storage lank
removal, replacemenl, installation, fuel deliveries and transfers, disposal. and other related
duties. This will be considered during the evaluatioll process.
12.11 Qualitv of Sile Safet. Plan: All proposals shall include a written site safety plan which may be
generic ill nature.
12.12 Cost of Servit:es: The fees ~sted in th;. proposal document .hall remain fixed for the term of
Ihe conlract.
lZ,13 MinoritvlWomen Bu.iness Participation: Proposers are to indic;ate the extent and nalure of Ihe
MfvVBE's scope 01 work with specificity as it relales to Ihe services described in the RFP.
Proposers shali provide certification w~h the District, or the Stale of Floride, Ollice of Supplier
Diversity, or tts successors. Proposers thaI are District, or Stete of Florida Office of Supplier
Diversity, or it successors certifled m;nority or women business enterprises, at the time of
submittal, will 00 awarded a maximum of ten points. Maximum points will 00 awarded for 15%
or 9reater minority participellon. Points will be pro-rated lor less then ~5% mlnonly
participation Proposers that do not meet the above requirement may sulH:ontract minority
business participation In accordance with Section 33.0 and receive participation poinls
Points for utilization of certified MIWBE subcontractors shall be assigned as follows:
150,;'0 and over 10 points
9% . 14% ;) pomts
4% 8% 6 points
1% 3% 4 points
0% 0 points
12.14 Insurance: Provide proof of contract awarded proposer(s) insurance as required in Section
24.0 of thIS RFP or submit a leller ~f contract awarded proposer(s) intention to have the
required insurance Within teo days of noti~cetion by the District.
13.0 PROPOSAL EVALUATION PROCESS:
13.1 RFPs are received and pul:>lit:ly opened. Only names of responders will be read at this time.
13.2 An Evaluation Commfttee, consisting of District personnel, will convene, review and discuss all
proposals submitted. Purchasing personnel will participate in an advisory capacity only
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13.3 The Evaluation Committee wi!1 assign points in the evaluation and recommendation process in
accordance w~h the evaluation criteria liste<! in E'Jaluation Criteria, Section 14.0, and rank all
proposals according Iy.
13.4 The Evaluation Committee reserves the right to inleNjew any personnel who may administer
and be assigned to work on the contract belo", rewmrnendation of award. This interview is 10
be based upon the written proposal received.
13.5 The Evaluation Comm~tee or its designees reserve the right to negotiate further t,,[ms and
conditions, including pric" with the highest ranked proposer. If a mutually beneficial agreement
with the firsl 'anked pre poser or all proposers being considered for award cannot b" resolved,
the Evalualion Commrltee reserves the righl to enter into negoliations with the next highest
ranked proposer and continue this process unlil an agreement is reached wilh the number of
programs required to meet the noods of Ihe District
13.6 ne results <>f the Evaluation Committ<>e'. evaluation and ranking is reviewed and approved by
the Department Director and the Purchasing Director prior to posting the recommendation.
13.7 The Purchasing Department will prepare and submit an agenda item te> the District's
Superintender.' 01 Sclloofs.
13,8 The Superin:endent wlll recommend to the Board, the award or reject;e>n 01 any and/or all
proposal(s}
13.9 The Be>ard will award or reject any Of all proposal(s),
14,0 EVALUATION CRITERIA
The Evaluation Committee shall rank all proposals received, which meet the submittal
requirements, in order to establiEh a pool of qualified vendors. At a minimum, Ihree (3) proposals
receiving te>p scores by the Eva:uat,on Committee Will be recommended Ie>r award.
A. EXDerience and Qualifications of the Firm
MAXIMUM POINTS
15
B, Qualifications e>r Pro1>oser's Staff
10
C Firm's Location and ReSDOnS& Tim..
10
O. Capabilities
25
E. Quality of Site Safety Plan
5
F, Cost of Services
25
G. MinoritvlWomen Business Participation
10
Total
100
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15.0 CANCELLATION OF AWARDlTERM1NATlON
15,' In the e,'ent any of the provi.ions of !he contract are violaled by the awarded vendor, the
Supennlendent or his designee will give wrillen notice 10 the vendor(s) stating the deficiencies,
and unless the deficiencies are corrected w~hin len (10) days, recommendation will be made to
the Board for immediate cancellation. Upon cancellalion hereunder, the Board may pursue .'y
.nd all legal remedies as provided herein and by law. In the evenl that il is subsequently
determined that a cancellation under to," paragraph was incorrect, the termination shall be
converted to a termination for rorwenience pursuant to the ne'" paragraph.
15.2 The Board, reseNes the right to terminate any contract rasutting from this RFP, at any time and
for no reason, 'upon giving 30 days prior written nolice to lhe other party. If said contract sho"ld
be terminated for convenience as provide<! herein, Ihe Board will be relieved of all obligations
under said contract The District will only be required to pay to the awarded vendor[s) thaI
amount of the contract actually pertormed to the date of termination.
15.3 The contract awarded responder(s) will have the option to terminate the contract upon wrttlen
notice to the Director of Purchasing, Such not,ce must be received at least 90 days poor to lhe
effective date of termination,
15.4 Cancellation of contract by contract awarded resp.~nder(s) may result in removal from proposer
list for a periOd of three years.
16.0 FUNDING OUT. TERMINATION. CANCELLATION
t6.1 Florida School laws prohibitlhe Board from creating obligations on anticipation of budgeted
re.enues from one fiscal year to another without year-to-year extension pro.is;ons in the
contract:s.
16.2 It is necessa,,' lhat fiscal funding out provisions be included in all RFPs in which Ihe terms are
for panods of longer than one yeaL
16.3 Therefore, t~e following funding oul provisions are an integral part of this RFP and must be
agreed to by all proposers:
The Board may, during the contract period,terminate or dlsoontinue the services covered in 1I11s
RFP f'Jr lack <>f appropriated funds upon the same terms and oond~ions as set forth in Section
15.0, Cancellation of AwardfTermination.
Such prior written notice will state:
a That the lack of appropriated funds is the r"".on for termination.
b That the School Board Will not replace the services being terminated with services similar
to those covered in this RFP from another vendor in the sllCCeeding funding period, and
c. This written notification will thereafter ralease The School Board of Palm Beach County,
Florida of ail furtl1er obligations in any way relllted to such seNices and equipment covered
here-in.
16.4 This completed statement must be included as pa<t of any contract with the successful
proposeL No contract will be conSidered that does not include Ihis provision for "funding ou\".
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17,0 DEFAULT
17.1 In lhe evenllne! the ewarded proposer(s) should breac~ I~e conlract, t~e Board reserves Ihe
right to seek remedies in law andlor In equity.
18,0 PAYMENT AND PERFORMANCE BONO:
181 The successful bidder shall furnish a surely bond as security lor faithlul performance 01 Ihe
order(s} awarded as a resull of t~is bid, and for Ille payment 01 all persons performing labor,
and on Iheir :.,rnishing male rials in connection therewit~ Surely of such bond shall be in an
amount equal to tlle bid. The Attorney-in-Fact who signs I~e bond must file w~h Ihe bond a
certificale and effective daled copy of power of attorney, Bonding company musl appear on
U.S. Treasury list. Performance and payment bond musl be fomanied 10 the Director 01
Pu,chasing wilhin 15 da,'s of oolification 01 award oltl1is conlract. If thiS band is not received
said bid will be subject to cancellation.
18.2 To ensu,e maximum participation, all MNVBEs and small firms in accoroance with F.S, 255.05
wlli be allowed a bood waiver on construclion projeels up to $200,000, Prequalificalions far
conlractors on School District cootracls and services will be required al $200.000 inslead 01
$50,000.
183 F.S, 288.703 - "Small business' means an independently owned and operated busine.s
concern which employ. 25 or fewer permanent lull-time employees, and which has a net worth
01 not more than $1 miRion, net worth requirement shall include bolh personal and business
investments.
19,0 DEBARMENT
19" 1 The Board s~all ha,e the "ul~orily 10 deber " person 1 corpOralion for cause lor consideration
or award 01 1.lure contracts. The debarmenl s~all be for a period commensu,ate w~h lhe
seriousness 01 the ca"""s, generally no' to excee<! three (3} years. When \he offense is willful
or !>Iatanl, a longer term of de!>"rmenl may be imposed, up 10 an indefinile pehod,
20,0 ANTI-DISCRIMINATION
20.1 The Proposer certif:es Ihallhey are fn c-:>mpliance wilh the non-dfscrimioa!ion clause contained
in Section 202, Executive Order 11246. as amended by Executive Order 11375 relalive 10 equal
employmenl opportuoi;y lor all persons w~houl regard 10 race, color, religion, sex or nalional
origin. ne provisions of the ADA Act 01 1990 per.aining to employment shall also 00 applicable.
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202 The Proposer shall not discriminate on the basis of <ace, gender, religion. n3tio~al origin,
ethnicity, s~xual orientation, age or disability in the solicitation, selection, hiring, or treatment 01
sub-contractor., vendor>, suppliers, or commercial customers. The Proposer shall provide
equal opportunity lor sub-contractors to participate in all of its public sector and private :;ec1or
sub-con!racting opportunities, provided thai nothing contained in this clause shall prohibit Or
limi! olhelWise lawful efforts to remedy lI1e effects of marketplace discrimination that has
occurred or is occuning in the marketplace, such as those specified in the Palm Beach County
School Board Policy 6.143. The Proposer ~"derstands and agrees that violation of !his cia"se
is a material breach of the contract and may result in contract delermina~on, debarment, or
o1her sanctiOl1S_
21,0 LEGAL REQUIREMENTS
21.1 It shail be t~e respo~sibility of the proposer to be knowledgeable of all federal, state, county and
local laws, ordinances, rules and r89ulatioO$ and Board Policies that in any manner affect tile
items covered herein Speci~cally, proposer(s} is to adhere to Board Policies ill and ill,
with respect to any crminal arrests and convictions. and is on notice that any employees feiling
the employee screening under Chapter ~, Florida Stalutes, are preciuded from providing
ser,ices 10 the District and must be replaced. The proposer's failure to comply may result in the
immediate termination of the contract at tile sole discretion of Ihe Board. lack of knowledge by
the proposer(s) will in no way const~ute cause for relieffcom re.ponslbility.
22,0 FEDERAL AND STATE TAX
22.1 The District is exempt from federal and stale taxes for tangible personal property. The
Purchasing Department Coordinator will sign an exemp1ion certificate submirted by Ille
successful propos.er(s). Proposer(s) dQing business with the Di5trtc~ wiii noi be exempted from
paying sales tax to their suppliers for materials to fulfill conlractual obligations wllh the District,
nor will any proposer be authorized to use the District's Tax Exemption Number in securing
such materials
23.0 CONFLICT OF INTEREST
23.1 All proposers must disclose the name of any officer, director, or agent who is also an employee
of the District. All proposers must disclose the name of any District employee who owns.
directly or indirectly, any interest in the proposers' business or any of Its branches.
24,0 INSURANCE REQUIREMENTS
24,1 Proof of insurance must be furnished by the awarded proposers to the District by Certi~cate of
Insurance. All insurance must be issued by a company or companies approved by the Board
24.2 Original Certi~cales of Insurance meeting the speci~c required provision specified within this
RFP s~ail be forwarded to the Dislrict's P"rchaslng Depallmetlt, ATTN: Jan Bulls, PurchaSing
Agent, and approved prior 10 the start of any wor1< or the possession of any schaal pro!>"rty.
Renewal certificate. must be forwarded to Ihe same department prior to the policy rene",al
date.
24.3 Thirty days Whiten notice must be provided to the District via certi~e<I mail in lhe event of
cancelialion of insurance. The notice of cancellation must be sent to Ihe PurchaSing
Department
~,iJY 22_ 2009 2,1 J:U2" PM EOl
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Scl100l Distric.1 of Fillm 82-E1Ch CoUlit\l' FI
Bid I] 9C+\) i a.K
24.4 The awarded proposers shall provide romplele cop'le;; of any insurance policy for required
coverage wilhln seven days of lhe date of request by the Purchasing Department but in a"y
respect at least 30 days prier to lhe commencement of any term. For all contracts with an
amount of $500,ODO or more the actual INSURANCE POLICY musl be included with Ille
Certificate of Insurance.
A. WORKERS' COMPENSATION: Proposer!s) must comply w~h Seclion 440, Florida Statutes.
Workers' Compensation and Employees' Liability Insuranoe with minimum statulory limits.
B. COMMERCIAL GENERAL LIABILITY: Awarded proposers shall procure and maintain, for
Ihe life of the contract, Com~rcial General liabimy Insurance. This policy shall provide
coverage for death, bodily:njury, personal inJUry, products and completed operations liability
and property damage thai could arise directly or indirectly from the performance of the
contract. It must be an ooc"rrence form policy. THE SCHOOL BOARD OF PALM BEACH
COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR
COMMERCIAL GENERAL Lh\BILITY INSURANCE,
The minimum Iimi:s of coverage shall be $1,000,000 ?er <>ccu"ence, Combined, Single Umit
for Bodily Injury Liability and Property Damage Liability,
C. BUSINESS AUTOMOBILE L1AB'L1TY: Awardad proposers shall procure and ma;ntain, for
the life of the conlract, llusiness Automobile liability lnsurance. THE SCHOOL BOARD OF
PALM BEACH COUNTY SHALL BE NAMED AS A.N ADDITIONAL LNSURED ON THE
CERTIFICATE FOR BUSINESS AUTOMOBILE lIABILITY INSURANCE,
The minimum limtls of coverage shall be $1,000,000 per OC1Ourranca, Combined Single Limit
for Bo<lily Injury liability and Property Damage liability. This coverage shall be an "Any Au"'''
form policy. The H1surance must be an occurrence fonn po~icy
In the evenl the awarded proposer does nol own aoy vehicles, the Districf 1'1111 aC<:ept hired
and non-owned coverage in the amoonts lisled above, In add~ion, Ihe District will require an
affidavit signed by the awarded proposer indica:ing the following:
(Company Name) does not own any vehicles. In the evant the
company acquires any vehicles throughout \I1e ferm of the conlract,
(Company Name) agroos to purchase "Any Aufa" coverage as of the date of acquisition_
25,0 INDEMNIFICATION J HOLD HARMLESS AGREEMEtH
25.1 Awarded proposers shall, in addition to any other obligation to indemnify The School Board of
Palm Beach County, florida and to the fullest e<tent permitted by law, protect, defend,
indemnify and hold harmless Ihe School Bomd, its agents. officers, eiected officials and
employees from and against all claims, aClions, liabilities, losses (Including economic losses),
costs arising oul of any actual or alleged;
A. bodily injury. sickness, disease or death, or inju!)' to or destruction of tangible properly
including the loss of use resulting therefrom, or any other damage or loss arising out of, or
claimed fa have 'esu1ted in whole or in part from any actual or alleged act or omission of the
awarded propoS€r, Contractor, subcontractor, anyone directly or indiredly employed by any of
them. of anyone for whose acls any of them may be liable in the performance of the worl<; 01
r~'ay 22 2009 2:1J:02: PM EDT
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Schoc>1 (};"tri:ct I)f Palm, -Bead, COLlrtl,. FI
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B. violation of law, statute, ordinance, governmental administration order, rule or regulation oy
Contraclor in the performance of the worK; or
C. liens, claims or aClions made by the awarded propose' or any subrontractor or other palty
performing the WOf<.
25.2 The indemni~cation obligations hereunder shall not be lim~ed to any limitatioo OR lhe amour,I,
!ype of :iamages, compensalion or benefi1s payable by or for the awarded proposer of any
subcontractor under worKers' compensation acts; disability benef~ acts, other employee benefit
acts or any statutory bar.
25.3 This article will sUlVive the te,minetio" of th<o contract
26.0 PUBLIC RECORDS LAW
26.1 All proposal documents or other materials submitted by the proposer in response to this RFP
will be open for inspection by any person in accord wifh Chapter ill. florida Statutes. The
Board may unilateral~j cancel the contract for retusal by contract awarded proposer(s) to allow
public access to all documents, paper, letters, or other malerial made or received by Ihe
conl<act awarded proposer in conjunction with the contract to the e,tent required by Chapter
119, Flolida Statutes, The Board may terminate any contract w~h a responder If the responcer
reluses 10 allow public access to documents made or received from the Board unless such
documents are exempt trom Public Record Disclosure,
21,0 PERMITS AND LICENSES
27,1 The awarded proposer!s) will i>e responsible for obtaining any necessa<y permits and licenses
and will comply with laws. rules. and regulations whether state 0' federal and w~h all lo-::al
codes and ordinances without add~ional cost 10 the Board,
28,0 INTEllECTUAL PROPERTY RIGHTS
28.1 The awareea proposer!s) will indemnify and hold harmles., the Board from liab,li\\, of any
nature or kind, iocluding cosls and e'penses for or on account of any copyrighted, seMce
marked, trademark"", patented or un-patented invention, process, arficle or work maoula<otured
01 used in the performance of the contract, including its use by the District. II the proposerls)
uses any des;9', deVice. materials or works cove,ed by leners, selVica mark, trademark,
patent, copyright or any other intellectual property right, il is mutually agreed and understood
without exception that the proposal prices will include all royaities of COsls arising from the "se
of such design, device, or materials in any way involved in the work.
This article will survive lhe termination of any contract with the Board.
29.0 COST INCURRED IN RESPONDING
29.1 All costs directly or indirectly related to proposal preparation, representation or clarification 5"9.11
be the sole resp::>nsibillly of and be bome by the proposar.
30.0 SUB-CONTRACTS
30,1 Nothing contained :n this specification will be construed as establishing any contrac!ual
relationship between any subcontractor(sl and the Board,
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30.2 The propose,(s} will be fulll' reslXlnsibie to the Boar<! lor the acts and om.ssions of the
subcontractor(s) and their employees.
30,3 After award of contracl. a,y ctlanges in subcontractor or sub-proposers requires prior Board
written approval.
31.0 INDULGENCE
31 .1 Indulgence by the Board on any non-campliance by the proposer does not conslttute a waNer
or any rights under this RFP.
32,0 JOINT PROPOSAL
32.1 In the event muttiple propasers subr",1 a jo;,t proposal in responsa to the RFP, a s;ngle
proposer shall be identi',ed as the Prime Vendor, "offering a joint proposal, Ptime VeMor
must i,clude lhe name and address ot all parties of Ihe joinl proposal. Prime Vendor shall
provide all bonding and insurance requ~ements, execute any contract, complete the
REQUIRED RESPONSE FORM shown herein. and have overall and romplete accountability to
resolve any dispute arisbg oul of lhe contract Only a single ronlracl w~h one proposer shall be
acceptable. Plime Vendor raJSponslbililies shall include, bul nol be limited la, performing of
overall rontract admi,istra!ion, preside over olhe, proposers participating or present at Districl
meetings, oversee praparation of reports aod presentations, and filing any notice of protest and
final prates! as described herein. Prime Ve.dor shall also prepare and prese't a consoliclatecl
invoice(s) for seNices perlo m;ed, The Dostric! shail issue only one check for each consolidated
invoice to the Prime Vendor for seNices performed, Prime Ven<lor shall remain reslXlnslble for
perform:"g seNices associated with response to this RFP.
33,0 SUB-CONTRACTINGIMfNORITY BUSINESS PARTICIPATION
33.i The Boar<l strongiy enrourages the use of Minority/Woman owood business enterprises tor
participation as assaciates, join1-venturers, prime proposers, and subcontractor in conll"acting
oPlXlrtunities.
33.2 I, order to receive evaluation cre<lit for MIWBE participants, the proposer (>r firm(s) to be
utilized by the proposer must be certified by the District or the State of Florida at the time that
the proposals are due. In order to receive evalua1ion credit for MIW8E participation, fue
proposal must identity the specifiC certified MIWBE firm or firms upon which evaluation creli~ is
sought, shall indiC<ite t~e extent and nature of the MIWBE's work, and shall include the
percentage of the total engagement whic~ will be recei'Jed by the MIWBE finn i, connection
with the proposal. MANBE participation in auxiliary seNices (e.g" graphics, printing aod other
services) is acceptable but will only be give. evaluation credtt it it augments the primary service
of this RFP. ALL PROPOSERS MUST COMPLETE THE MIW8E SUBCONTRACTOR
PARTICIPATION I FTTER OF INTENT (fORM 1525). See Attachmenl.
33.3 Inquirlas regarding listings of Dislrlct and Slate Certified Minorily and Woman Business
Enterprises can be made 10 the aostrict's Office 01 Diversity in Business Practices, 3300 Forest
Hill Boulevard, Suite A-1 06, West Palm Beach, FL 33406, (W1) 434-8508 or on our web sije at
hlto:llwwwoalmbeach,k12.fl.uslmwbe. All companies using minority or woman sub-proposers
will complete the MIWBE SUBCONTRACTOR PARTICIPATION SUMMARY (FORM 1526) -
See Attachmef>l. This form ",ust be submitted with all requests for payment,
Vr-d'1 2:;'. 2009 2.13:02 PM [01
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33.4 Minority Business Enterprise (MB!:) indicates a business entity which is owned and operated by
a minority. In Ihis ;nstance, mine;rity e;r nandicapped gro"p members are crtizens of the United
States or lawfully admi1ted permanent residanls who are African American. Hispanics, Women,
Native ATlericans, Asian-Pacific, Asian-Indian, and eligible others as outiined in Administrative
Order 1-18,
33.5 The Board only recognizes as acceptable far certification as minoritylwoman b"siness
enterprises those firms, vendors, and consultants that have s"ccessfuily completed the
certification req"iremen'" 01 the State of Florida Office of Supplier Diversity or the School
District of Palm Beaco County Office of Oiversity in Business Practices. Any pending
application with the District o~ Ihe State of Florida Office of S"pplier Diversity shall nol be
considered as certification of the vendor making application for consideration as an MIWBE
firm.
33.6 The District does nQt currently by implication or direct means have reciprocity with any
govern",ental or non.go'vernrr.enlal en"ty, with the e,cepliO" of the State of Florida OffICe of
Supplier Diversity for the pmpose of sharing andlor acceptance of MIWBE vendors andlor
consultants.
33.7 The requirements to qualify fer the MIWBE are to be certified either by lhe State of Florida or
the District. The Dlstr'ct does no! recognize any other certifications. if you have gradualed
from the certi~cation 01 the District, it negates State Certification. Graduation (as described in
Board Policy 6,143) fromlhe DLslricl MIWBE Certiflcalion Program shail void certification by the
State of Florida
For Disfrict certification go to nUD:I!www.Dalmbeach.k12.n.usIMWBE websile and romplele the
MIVVBE certifICation application.
34.0 CONTRACTOR RFP REQUIREMENTS
34.1 As pert of ~s proposal, proposer shall provide 10 the District a IlsI of ail instances within the past
ten years where a complaint was filed or pending against proposer in a l"9al or administrative
proceeding aileging that proposer discriminated on the basis 01 race, gender, religion, national
origin, elhnicity, sex"al orientation, age, or disability against ~s subcontractors, vendors, suppliers,
or commercial customers, and a description of the status or resoMion of each such complaint,
including any ,emedial action taken.
35,(1 CONTRACT DISCLOSURE
35.1 Upon the District's request, and uP'Jn the filing of a complaint against proposer pursuant to School
Board Policy 6.144, !lroposer agrees to provede the Di$tlict, wrthin sixty calendar days, a truthful
and complete list of the names of ail subcontractors, vendors. and suppliers that proposer has
"sed in the past fIVe years on any of ~s contracts Ihat were undertaken within Ihe District relevant
geographic market as defined School Board Policy 6.143, including the total dollar amount paid by
proposer for each subcontract or supply ccntract. Proposer agrees to fully cooperate In any
investigation conducted by the District pursuant to this Policy. Proposer understands and agrees
that a violation of this clause i. a material breach of the cont,act .nd ma.y result in contract
termination, debannent, and other sanctions.
36,11 THE JESSICA LUNSFORD ACT
36.t Ail cornractors who are perrniUed access on school grounds whan sfudents Bre present,
individuals who may have direct contoct with children or any studant of the District, or who may
have access to or control of school funds must be fingerprinted and baCkground checked.
M~)' ~2. 2009 2.1 3.:02 PM EDT
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Sd10-01 Oistrict of Palm Bs.ach COUlllY F~
Sid O~C,O"\8K
Veooor agrees to undergo a background check and fingerprinting if helshe is an individual w~o
meets any of the above condilions and 10 require Ihat all individuals in Ihe organization wllo
meel any of the conditions 10 submll to a level 2 FDlE background check, and F81 screening
including fin\!erjuint[ng by the School District's Police Department, at the sole cosl of Vendor.
The report of Ihe results to be immed'ately transmilted 10 Ihe School District's Police
Department which shall be the sole determiner of clearance. Vendor shall not begin providing
services cOfllemplaled by this Agreement unlil Vendor receives nolice of ciearance by the
School Dislricl a.,d is issued School District badges. Compliance requirin\! all vendors 10
register as a visilor before enlerin\! school property and proper display of Sc~.ool Dislri:! badges
wili be slrictly enfor<:<ld. The Sdool Board, nor ns members, officers, empioyees, or agents,
shall not be liable under any legal theory for any kind of claim whatsoever for Ine rejection or
Vendor (or disconlin'Ja!ion of Vendor's senlices) on the basis of Ihese compliance obligalions,
Vendor agrees that neither Ihe Vendor, nor any employee, agent or represenlalive of the
Vendor who has been convicted or who is currently under investigation lor a crime delineated in
se<:tion 435.04 Florida Statutes willl>e emp'oyed in the pertormance of Ihis contract.
37,0 OISQUALlFYING CRIMES
37.1 The proposer certifies by submission of Ihis RFP. that neither n nor its principals is presenlly
debarred, suspended, proposed for debarment, declared ineligible or volunta<iiy excluded from
participation in this lransaclion by the Slale of Florida or Federal Government Further,
proposer cert!f>es that it has divulged, in it3 RFP response, informalion regarding any of these
actions ~r proposed actions wilh olher govemmental agencies.
37.2 A person 0' affiliate who has been placed on Ihe convicled vendor list followi~g a conviction for
a public entity crime may not submit a RFP on a conlracl to provide any goods or seMces to a
public entity, may n:>t submit a RFP on a conlract wrth a public enlily for the construction or
repair or a publiC building or public work, may not submit RFPs on leases of real property to a
pubiic entity, may not be awarded or pertorm work as a Cont!"llctor, suppiier, subcontractor, or
consunant uoder a contract WJlh any public entity, and may nol transact business with any
public enti!'; in excess of Ihe threshoid amount provided in sectioo 287,017, Florida Slatutes, ror
CATEGORY TWO for a period of 36 months from the date of being placed on the con.icted
vendor ;ist
37.3 The conlracl awarded proposer(s) or any subcontractors shall not employ any persons with
muitiple felonies and / or crin,es against children. The conlracl awarded proposer(s) musl
provide doc~menled proof of efforts to comply with Ihis requirement. The Board may declare
any non-compliance or lack of diligent effort by the contract awarded proposer(s) to comply as a
breach of contract and immediately terminale tne services of the contracl awarded proposer(s)
38.0 USE OF OTHER CONTRACTS
38.1 The Dislric1 reserves the right to ulilize an,; olher District contract, any State of Florida contract,
any contract awarded by any other city or county governmental agencies. any o'her school
board, any other community college/slate university system cooperative RFP agreement, or 10
direclly negotiate/purchase per School Board policy and/or State Board of Ed~ticn Rule SA-
1.012($1 in lieu of any offer received or award made as a resul! of Ihis RFP, If il is in the best
interest to do so, The District also rese"'''s the right to separately solicit an,; single order or 10
pucehase any item on Ihis RFP If n is In its best interest to do so.
M~~' ',!?, 20(i9 2:1 ~,:02 PM [DT
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SdKlol Oit.l:Ji.r.;i of r'~]m B'Oactl C:ounl~ FI
E;!ldOSC-01E1t<:.
39,0 ASSIGNMENT OF CONTRACT AND/OR PAYMENT
39.1 The proposer shall oot enter into s~bco~lracts, or aS5igo, transfer. convey, sublet, or otherwi~e
dispose of the ensuing ""ntract, or any or all of its right litle or interest herein, or ~s power to
e.ecule such contract to any pers~n, company, or cOljloralion without prior wrirten consent of
the Uistricl.
39.2 The proposer will be prohibited from publishing or releasing any Information related to the
requested services w~hout the prior written permission of the District All reports a~d other
documents resu~i~g from the ensuing contract will remain Ihe sole property of Ihe District.
4D.O REQUIREMENTS FOR PERSONNEL ENTERING DISTRICT PROPERTY
40,1 Posse5s:on of ~rearms will not be tolersted in or near school buildings, nor will violations of
Felleral and State laws and any applioab'e School Board polley regarding Drug Free Workplace
Ile tolerate<!. Violations will be subject b th.. immediate termination provision heretotore staled
in Section 21,',
40.2 "Firearm" means allY weapon ~in-clw:lln~ a starter gun or antique firearm) which wilf, is des.igned
to, or may readily be converted to expel a projectile by Ihe action of an explosive; the frame or
receiver of any such weapon; any destructive device; or any machine gun,
40.3 If any employee of an imiepe~denl proposer or contractor Is found to have brought a firearm in
a Distric! bu;:ding, $aid empioyee will be terminated from the Board project by the independent
proposer or contractor. If !he proposer fails to lerminale said employee, the proposers contract
with the Board shali be terminated,
40.4 ProposBffi are acvised thal they are responsible to ensura Ihal no Bmployee, agent or
representative ot their company who has been convicted or who is currently under investigation
for a crime against children in acoordance with section 435.04, Florida Statutes, will enter onto
any school site.
41,0 AGREEMENT
41. t A purchase o'ller andloe a ""ntract wil' llB released, a1ler award, for any work to be perfolT1led
as a result of this RFP. The proposal. response to IhB proposal, all attachments, any addendum
released, agreement if applicable, and the correspor-ding purchase order will consmute the
complete agreement between prop"ser and the Board, Should there be any confiict between
the terms of the RFP, response to the RFP (proposal), and the terms of the conlract (Sample
Contract), the terms of the contract shall be final and Ilinding and the RFP shall control where in
conmct with the proposal, If proposer requires an additional contract, then proposer s110uld
Include their sample contract as an attachment to fhe PIQPosal submitted for review,
42.0 POSTING OF RFP CONDITIONS I SPECIFICATIONS
42.1 This RFP will be posted for review by inleresle<! parties, at the Fulton Holla~d Educational
Services Cenler, Purchasing Departmenl, 3300 Forest Hill Boulevard, 3"' Floor, A-Wing, Suite
A-323, West Palm Beach, FL on Ihe date of RfP elecITonic maiiing and will remain posted for a
period of 72 hours, Failure \0 file a speci~cation protest w~hin the time prescribed i~ seclion
120,57[3), Florida Statutes, <1m constitufe a wai"er of proceedings under Chapter 120, Florida
S\alu\es, and applicable School Board rules, regulations and policies.
Ma~ 22. 2WS2:\~:0:2 PM ~OT
p_205
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SCh"nllli'l-trict ol P<llm BP..:Jet. c.ounty F:
Bid 09C-()1t:lK
43,0 POSTING OF RFP RECOMMENDATION I TABULATIONS
43,1 RFP recommenda~o"s and tabulations well be posled al the Fullon Holland Educational Services
Cenler, Purchasing Department for review by interested perties, al 3300 Forest Hill Boulevard,
Third Floor, A-Wing Suite A-323, West Palm Beech, FL, on June 5, 20Q9
at 3:00 p,m" and will remain posted for a peliod of 72 hours, If the RFP tabulation wrth
recommended awards i. not posted by said date and time, A "Notice of Delay of Posting" will ~e
posted to inform all proposers of the new p<osting date and time,
43,2 Any person adversely affected by the decision or intended decision, as defined in School Board
Policy 6,14 (4) (a), must file a notice of protest, in wrrtlng, wrthin 72 hours afte, the posting of
the nolice of deeisi"" or intellded decision. Saturdays, Sundays and State Holidays shall be
excluded in the computalion of the 72-hour lime period. The formal written prolest must be flied
wrthin 10 days after the date the nolice of protest is f.led. The formal wrrtten prolest shall stale
wllh particularctv the facts and law upon which the protest is based, Failure to me a notice of
protest or to file a formal written protest within the time prescribed in section 120.57 (3), Florida
Statules, s~all consl'tute a waiver of proceedings under chapter 120, Florida Statules.
43,3 Any person who files an actiO" protesting an RFP speci~cation, a decision or intended decision
pertaining to this RFP pursuanl to Section 120.57(3)(b}, Florida Statules shall post with the
Purchasing Department, at Ule time of filing the formal written protest. a bond secured by an
acceptable surety company in Florida payable to the School Board of Paim Beach County in an
amount equal to 1 percent (1%) olthe total estimated contract value, but nolless than $500 nor
more than $5,000. Bond shail be coodllioned upon the payment at all costs that may be
adjudged against t~e protester in the administrative hearing in which the action is brought and
in any subsequent apllellste court proceeding, In Heu of a bond, a cashiefs check, certified
bank check, bank certified company clleck or money older will be ae<:eptabla fonn of seculity.
If, after completion of the administrative healing process and any appeilate court proceedings,
the Board prevails, it shail recover all costs and charges included in the finel order of judgment,
including charges by the Division of Administrative Hearings, Upon payment of such costs and
charges by the protester. the prolesl security shall be returned.
MC'1''i 2:2_ ~OO!;l2;1J:U:2 PM EUT
p_ 2"7
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Sd1nool Oi-SiJict of Palm Bt:.a.ch C()IJ r'lW FI
Bid OSC.018~~
SAMPLE CONTRACT
CONTRACT BETWEEN
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
AND
This contract entered Into this _ day of _' 200_. bs~veen THE SCHOOL BOARD OF PALM
BEACH COU~TY, FLORIDA, a political sull<:lOiision of the state of Florida, (hereinafter referred to as !he
"School Sosrd") and , located at , (l1ereinaller referred to as
the ''ConlractOf'') to provide _'
SECTION 1- Term of Contract
This contcact shall 00 for the period beginning , 200_ through . 200~. The
conlrBct may be renewed for _ add~ional one-year periods at the annual anniversa", date. The
centrad will not extend beyond lhe _ year
SECTION II - Services
The Contractor shall provide Petroleum, Tanks and Environmental Services per speci~cations in RFP
No, 09C-018K Petroleum, Tanks and Environmental Services and the corresponding proposal submined by
the Contractor, which by reference herein becomes part of this contract. All addenda issued to RFP, II an'{,
are also made a part of this con1ract
SECTION III. Cost of Senticss
The Contractor shall be paid for sentiees as Hsled in the RFP and awarded for Petroleum, Tanks and
Environmental Services for the School Soard.
SECT ION IV - Terms and Cond~ions
The Contractor shall have the option to terminate the contract upon wrttten notice to the au\horized
representative olthe School Boald. Such notiee must be received alleast 90 days prior to lhe effe<..iive d~te
of termination. The School Board shall have the option to terminate the contract without cause upon written
notice 10 the authorized representa\iveoflhe Contractor. Such nolice must be provided to the Contractor at
least 30 days prior to lhe effective date 01 termination. and the Contractor shall on~ be en1rtied to
M<iy22. 2\lO~2:13"J2 PM EDT
f1.2B
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Sr.;tlQot Distrkl af Palm 6-'8 actl Ca1mtr f~
8id-oSC-{l18K
wmpensalion "p 10 the date of terminalion, The ~ntractor shall not be enlilled to lost profits,
Early termination at the e<mtrael oy Ihe Cantraelor may prohibit the Conlrador 1rom submilling
proposals for a peliod of three years from the date of termination of the contrael, The School !laard shall
establish the lerminalion date C>f Ihe contract far use thereof.
There shall be no assignment of the contract or compensation to be derive;! therefrom by the
Cantradar,
Included in this wnlracl are Ihe terms and cooditians as desclibed in the Req"esl for Proposal, RFP fl.,
which are incorporaled by reference herein and made a part heroof
SECTION V -Indemnificationl Hold HalTIlless Agreement
CDnlmclor shall, in addition to any other obligation to Indemnify the School !loard, and to lhe
fullest extent permitled by law, protect, defend, indemnify and hold harmless the School Board, its agents,
officers, eleeled officials and employees from and against all cla"ms, actions, liabilities, losses (incl"ding
economic losses), costs arising oot of any aclual.~r alleged~
A bodily injury, sickness, disease or death, or injury to or destruction of tangible property
including the loss of use resulting therefrom, or any other damage or 10.. an.ing oul of, or
claimed to have resulted In whole or in part from any actual or alleged act or omission of the
Conlraolor, subcontractor, anyone directly or indirectly employed by any of Ihem, of anyone
lor whose aels afly of them may be liable in the performanoe of the work; or
B, violalion of law, slat"!e, ordinance, governmentai administration order, rule or regulation by
Contractor in the performance of the work; or
C. liens, claims or aolions mOOe by the COlltractor or an', subcontractor or oll1er parly performing
the work,
The illdemnification obligat;:.,s he,""under shell not be 'imited 10 any lim~ation on the amount, type of
damages, compensation or benefts payable by or for Ihe Contractor of any subcontractor under workers'
wmpensatio" aols, disability bene~t acts, other employee benefit aots or any stalutory bar,
This article will survive the expiration andlor termination of Ihis contract
M;)y 22, 2009 2":13;02 PM EDT
p_ 29'
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Sdm:.1 Di!=.lrict of Palm Baad1 COUllty FI
Bid OOC-OlfJ:K
SECTION VI - Insurance
'nsurance wi~ be required as stated in RFP. The School Board 01 Palm Beach County, Florida shall
be named as an additional ir,surad,
SECTION VII - Cancellation of AwarolTerminalion
In Ihe event any of Ihe provisions of this contract are violated by the Contractor, the Superinlendent or
designee will give written notice to the Conlractor stating the deficiencies, and unless Ihe deflciencies are
corrected within len (10} days of such notice. recommendalion will be made to the School Board for
immediate cancellation. Upon cancellation hereunder, the School Board may pursue any and all legal
remedies as provided herein and by law. In Ihe event that it Is subsequently delermined thaI a cancellation
unaer this paragraph was incorrect, the termination shall be converted to a termination for oonvenience
pursuanllo the next paragraph.
The School Board. resee_es \he righlto lerminate any conlract at any time and for no reason, upon
giving 30 days prior written notice to the olher party. If said contract SllOUkJ be terminated for convenience
as provided he rein, fne Schooi Board wi II be relieved of aii obiigation sunder said centrac\. The School
Board will only be required to pay to the Gonlractor Ihat amounl of the contract actually pemxmed to the
date of te rml nation.
The Co"tractof will have the oplion to terminale Ihe contract upon written nolice to the Director of
Purchasing. Such nollce must be received at least gO days prior to the effective date of termination.
Cancellation of contract by Conlractor may resutt in removal from responder list for a period 01 three
years.
SECTION VIII- Funding Out, Termination, Cancellation
Florida Scnool laws prohibit School Board from creating obligattQns on anticipation -of blJ-:tgeted
revenues from one fiscal year!o another wilhout yeer-to-year eldension provisions in the coelracts.
Ii is nece..ary thai ~scal funding oul provisions De included in all contracts in which the terms are for
periods 01 longer ;han one year.
Therefore, the following funding out provisions are an integral part of this contract:
MAY 22_ 2rJ{}8 2~13.02 PM EDT
1l.3(I
- 192 -
Sch{Jol District of Parm Be,acrl Counl'~ Fi
Bid Dge-CiOt>:
The School Board may, during the contract period, terminate or discontinue the services covered in
this cont'act for lack of appropriated funds upon the same terms and conditions as set forth in Sdon
VII Cs"cellatio" of Award /Termination.
Such plior written notice will state:
A. Thallhe lack of appropriated funds is the reason for termination, and
B. Agreem""t not to replace the services being terminated with services similar to
thos.e cc.vered in this contract from another vendor in the &ucceedlll-:;:J funding
period.
-This written nol1fication willthereefter release Ihe School Board of all further obl'gations in any way
related to such services covered herein".
This completed slalement must ba included as part of any notice of tennination.
SECTION IX - Jessica Lunsford Act
All contract personnel (vendors, individuals, or entities) under contract with the School Board who er"
permitted acoess on schocl grounds when students are present, who may have direct contact with ar;y
student of the Sc~.ool District, Of who may have acress to or control of school funds must be fingerprinted
and background checked. The Contractor agrees to undergo a background check "d fingerprinl1ng if
helsl.e is an individual who meets any 01 the above conditions and to require that all individuals in the
organiza\ion who meet any of the conditions to submit 10 a background check, including fingerprinting by the
School District's Police Department at the soie cost of the Contractor. Contractor shaR not begin providiog
services contemplated by this Agreement unlil Contractor receives notice of clearance by the Scl100l District.
The Schooi Board, nor its members, officers, employees, or agents, shall not be liable under any legal
theory for any kied of claim whatsoever for the rejection of Contractor (or discontinuation of Contractor's
services} on the basis of these compliance obligations. Contractor agrees that neither Ihe Contractor, nor
any employee, agent or representative of tne Contracfor who has been convicted or who is clJrrerrtty under
Investigation for a crime delineated in section 43504, Florida Statutes, will be employed in the per/omlance
of this contract.
\i:8.'f 22. 201)9-2-1;:.:02?M EDT
fi"- 31
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SdlOOI Di"$Lrir;-l. of F.(jlm B-tl-aDh CO'iJot)l Fi
Bid 0'i3C~[}1:(lK
SECTION X - Default
In the event that lhe Contractor should breach this contract the School Boerd mserves the right to seek
remedies in law andlor in equity.
SECTION XI - Debarment
The Schoo Board shall have the authority 10 debar a person! corporation for cause for considerafion
or award of future conlracfs The debarment shall be for a period commensurate with the seriousness of the
causes, generally not t.:) exceed thr.... (3) years, WIlen the offense is willlul or blatant, a longer term of
debarment may be imposed, up to an inde~nlle period,
SECTION XII - Federal and State Tax
The District i. exempt from federal and stale laxes fo~ tangible personal property. The Purchasing
Departmenl Coordinator will sign an exemption certl~cale submitted by the Conlractor. Contractors doing
business with the School Board will nol be exempled from paying saies tax to their suppliers for materials to
fulfill contractual obligations ..lih the School Board, nor will any responder be authorized to use the District's
Tax Exemption Number in socuring such materials.
SECTION XIII- Amendment
This conlract shall only be a",ended or modifie~ in writing executed by both parties.
SECTION XIV - Strict Performance
The failure of elihel party to insist on strict performance of any covenant or cond~ions herein shall not
be construed as a waIver of such covenants or cond1tions for any instance.
This conlract shall be co1strued i~ accordance with the laws of the Slate of Florida.
If any litigation shail resull from Ih's contmcl, venue shal' lie in Palm Beach County, Florida.
This CQ~lrad shall not be construed against the party who drafted the same as both parties have had
experts oftheir choosing review the same,
This contract is binding on the part'es herelo, their heirs, successor andlO! assigns.
Section XV
Should erther pal1y breach this contract, Ihe non-breaching party shali be entitled to all remedies as
provided by law and eq uily.
M~y n. 2iJ09 2:1-3:02 PM EOT
p.3?
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SchoGl Oi$lticl4)f Palm Beadl c;.ourr.ty FI
Bid 09C..['1-3K
In w~ness w~ereof. this contract has been executed on the day and year first above wrjften.
(TYPE IN CONTRACTOR NAME)
THE SCHOOL BOARD OF PALM BEACH COUNTY,
FLORIDA
BY:
BY:
William G. Graham, Chairman
WlTNESS'
Date
WITNESS:
Atlest:
Arthur C. Johnson, Ph.D., Supe<inlendenl
Reviewed and Approved for Form and Legal Sufficiency:
DATE:
BY:
Atiorney
'J1a-r 22 20Q9 2:1.3:0-2 PM EDT
p. J"J
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Sctwo~ Dislrk.t D-f Palm 6.-each ~(;u{llr FI
Bi\l Q9(;..{J18l<
BENEFICIAL INTEREST AHD DISCLOSURE OF O'MolERSHIP AfFIDAVIT
Project RF? No,: 09C-018K REQUEST FOR PROPOSAl. FOR PETROLEUM TANKS ANO ENVIRONMENTAL
SERVICES
Corporation Name:
Tax FEIN Number:
STATE OF
COUNTY OF
Before me, the undersigned aUlr,omy, parwnally appeared, , ("Corporate
RepreOOl1tative'l this _ day of , 2nn_ who. first being duly sworn, as required by law,
suiJjecl to lI1e penalties p",scribed 10< perjUI\', de!>Cs"s Bod says:
1) Corporale Rep"'S&ntative has read Ill(! =I"nl. <>I this Affidavrt, nos actual knowledge of the facts contained
herein, and stat-es that the facts c:ontai ooQ he:rei rl are true, correct, and complete.
2) The follooMng is a list of every "perse." (as defined in Section 1.~1(3), Florida Slalues lo include Individuals,
children, firms, associates., jOint adventures, partnerships, estates, trusts, bUSIness trusts, syndicates, fiduCiaries,
corporations aM all Oth9t -grotJps and combinati(lns) holtJing 5% or ffil)re of the beneficiallnterest ijn the disclosing
ef1tlty: \ II mer" space is n&e<led, allactl sepaTala sheel)
A. Persons. orcorpo;ate entities O\'Il'ni:1g 5% or more:
"......
p,"""",
F'w".;ll,....""
B Persons or corporate entitles who hold by pro"l'tM voti nil power of 5% or more:
-
.-.-
"""....
p"",,,...
C. Stock held for others and for whom hald
"""..,.
p-
.....
-..
""-
---
CORPORATE REPRESENTATIVE
By:
SVYORN TO and SlJru;crb,.d tWoro me this ~ day Qf
musl ched: appflC3l1le OOlC.'
I I i~sre persCloMlly MO'I'l':11o rnL'l. i )proc:uced e.curren1drlver iMilS-!'lCS} I 1 prodlJ~ _1;1$ ~eIl.ificatiQ~.
,:200~.b~
, Such persoo(S} {1i::I1ary Pw1ic
~NOT ARY PUBLIC SEAL)
Nala'!)' P(JbllC
(f1im, Iype or Stamp Name ~f Notary F'tiblic)
Ma::,' 22. 20GB :2-'3"02 P-1.:1 fOr
p. J~
- 196 -
Sdmol {}i:;,md of P.al:-n Beach Coullty Fl
Bid (l9C-OHlK
~Nti"'IRElCOST OF SERVICES
UNDER THE TERMS OF THIS CONTRACT, MILEAGE COSTS WILL NOT BE ALLOWED AND CHARGES FOR TRAVEL
Tl ME WILL HOT BE A LLOI'YE D.
I!:!!SJtlI'OE!MllIlQ!iMU5T BE INCLUl>EO WITH YOUR PROPOSAL
IN ORDER TO BE G1VEN CONSIDERATION.
1. aUALlflCA TIONS OF THE FIRM AND 51 A.FF FORMS
A. Name, address, a,~d te-Ie hOl'1e number 'Of principals of th.s -proposing firm.
~
;il
8. Number of years th:s firm has beer!- in a petroleLlm-r.etaled bll~ine$S in ltJe Slate of Flar.id.. r-- YBi:'IUi
C. U5l five clients fOf whom pelrole\Jm-ltila1oo services have wen prQ....~:Jed since JiSln~ar'f 1, 1995. Provid'fl! a: brief
desc:rip~il)n of Ule s.ervics:i, 500pe 811d final-oosts of ea.ch project. Incllide a .ccl"Itact person al1d 1e-lephol1-e- Aumber (or
ea.cn of the c1ien1:$. The Schiool DislJict may contact tr.ese refere rlces as. well a$ others.
ClientNL'lioIe: I
Cor1I.a~~rsQI1; I
TeleplKlne Number: I
Brief Os~criptiGrll}t I "
~......l",....~.
I'....j.......
""
Cliell~ Nama:
CCJnla.dP.ersori
Telepttone NurnOE!lr:
Brief Description of
proJad
Clie-ntNcime.
CQ.,I;;l~ ~ ,"JOn: I
TerEipr.c.r.e Number; I
Bile' Cescrip1ion of 1 FJ
Ploject
CJien1N.a-;ne:
Corllg,d Person I
TelepMM Numb':!'r~ I
Brief lJascriptlOl'i 01 I 3
Project
Cller.tN.a.rrre: I
Conta-dPe:1"Srm: I
T~lepoone Numbel:
6rleiOescripti-on o.f I ~
Proj9cL ~_ n
M2}' 22, 2009 2:13:02 PM EDT
p.35
- 197 -
$ch.ool District oof Palm 8,ei'l ttI Co.U...IY FI
Bid 09C.Q18K
C, .Attach a c.op)' o' jlolJr P(}lll.Jtan\ Specialty Ccntractor':s.Uoe.nSi. to I;his. -doClJm~!01.
E. G09-E your firm hQld an EPA Generator ID number? rYes r No
U ;roes, 1::s.1 yourEPA Ge:neratorlD mJm~r, I
F. Ha:s Y04J~'irm teerl part.,. in any lega.l action elleging imprcper tan1l: remo""l, insti3l1alioll, saler.oon, repairm ottU'lf
.pelroleum rel..~ed ssrvioe ill the paslli\le ysar'!i?
YeslNol
If ~'e:s_ brieR)' describe ti'e sibJllItion and 4Jukome on an a'l1ac/led :shaat of paper. Illdude dates., narr.el!. o.f o~her
p.a.rtieslageflcies irllvolved ano contact :persCHlS wi'lti pl'lo-r,e nurnbe~
G. HOW'many !:!I1'\proyees does 'lour ~rm emploi' in Flor:oa? I
aua~ioficalioos and E~rience oftne staff. Ust names, addresses, years ofexperierlC'e (petroleum I8lated) and
~ualfficatiom; for pra-jscl maflagers, lead workers alld earvice technicians. who will be assigrled to Selleol 0is1rl~
projects. Re-sume$ and certificates ml.lst be :aUad1ed.
~
~
2. FIRM'S LOCAnD~ A~D RESPO~S~t1ME.EQ!l!t;
Local Adidr-e-!Si~ --..
City
Sta~
Zip COO.e _.,
Days & I'-:OI,J f$o cf No rmal I
OMratiort
Is 5tOlff Bliailable Orl emergencies? Ye!'i" No r
'I:s firm avaoilablefo respond ir'l2-4 hot.lfS.? Yes I No r
3. CAPAB1UTIES OF FIRM FORM:
A llldtca~ wi~~ an"'X" which of ihe fullowin9 Lash your firm is qualified to pelfurrn and could offer lo th-e Distri-:t j:f
a sub'CClntra.clor will be used to- compleore the tl!lSk, llldleate with all "X~ ifl the S1.Jboor.tracfu.r column. Give
5Lit-wntfi3cling frm name, <td-dl'-e$~, and pnone Dn.all abcooo :sheet of paper Specffy the service pfO'iidM by
tile $\llJotxmtrac\-DL
Pl"Goaration
Ard1:1ar.lLlI'3I Sil.e Desitln
I Yo"r~~ I su~n~
\-1a~ 22,2"0092:13:02 PM EDT
f)_36
- 198 -
School District of p",lm Bs~t"h C..(lunt~ fl
EIlgiooerlrog SII::!: Design I r I r
S-pecifica1.Km~ I r r
p Installation end R air
Petroleum T.anksfPip:ng r r
O~rfill r r
O'l.lsrspill r r
Secoooary Containmoelll r ,-
Verd s.ystem r ,-
Vapo-r Recovery Sys~m9- r r
1 rtvenlory Keepillg Systems ,- r
lea;';; Oelec1icIi Systems r ,-
Pl..lmps r r
Dispensing Systems r r
Cafhodic Protection r r
1 OilNY'at@r Ssp,nalors r r
~ydraulic Lift Systi'ms ,---- r r
! Emergencv Generators. r r
i 8Q-irer $ystt'!fflS r r
Removal and Dlsoosal
Tank/Pipir19 r r:
fllel r r
free Product r r
Ojl'jl Wa5te Water r r
NOl"l-Hazardous: Wa~te SttJdge r r
Haliln:lo.us Wes.te Sludge r r
petro-ie-urn Co}nlamii"lated S-oil$ r r
JesJ!na
Tank s nd Ur.e Tighlness r r
-G,dhodic. Pn:tectioo r r
DVA. Soils. S'.::.rei!!ning r r
OVAfAir QIiJ2.lity r r
Vap.o~ ExplDsive limits r r
En....ir'Oflme:1'1a.1 Sample Coliecticm r r
Laborii!tory Analysei r r
GroundwEIIle~ r r
Sludge r r
I y T
Decay Tests I r r
Blockage Tails r r
"Uscel1211neous
Site Oemo,ltioll E1l'1ctfor Restoration r r
Construc.tior'l clSecoTldary COl1lainme"t r r
Slurry SealEng Tall}: r r
Drummillg of Haz.alodous Was-Ie Sludge r r
StockpHillp of Solis r r
Mi:lj' '21, 2009 2:13'132 PM EDT
- 199 -
Bi.j 09C-Q1 BK
po. 37
Sd1fl-(l.1 Oi-slrict of Palm Beach er.....mt~ FI
8\:1llitC-01BK
Lightning: PlotetUotl SYiStemi r r
Tank ClelN'liog r r
24-ho:Jr Emefget'le)l' Sp:U Response r" r
GalibratiOll of Dispensing Systems; r r
Calibraliorl of IrweJltorp' Sys.1ems r r:
Sheetpilioa ~Z-5pli\lc) r r
Oe--W.a"terTnog Systems r r
Hydraulic Vehi-ciJ[ar Ufts r r
FlJel Del~\'ei'Y, Transfer r r
B. 1.5 yoorfjrm ;aflGror staff certified to repair/maintain or provide warranly service fOllhe follow'ng petrolelJm
s.ystems.
YES NC
1. Veeder - Root leak De.tectiort Systems r r
2:. fl'slro-.Valld rm~l"lwl')' Control Sys.tems 1 r
3:. Gi:barco Fuel Oispet1sers r r
1\. Healey Stage II VapOl' Assist Sy.stems r r
5-. Red Jacllet arid FE PetrQ Submerslble Pl..lmpg r r
&. COIl'lQlJ(1 Stc:.rage Tanll: Syat-e.ms r r
7. Higl1iand Oil-Welter Separators r r
ijc Modem Wekling Taoli. Systems r 1
Please list the I'Il..1rt~ber of SeNice Technicians cLlH-ently employed by YOUI firm. I
4. SiTE SAFETY PLAN -Include a copy ofyotJr firm':s generic Health ami Saf6ty Plan.
!$. FEES: 'PriiCs ProQos.all
The to-llowirJ9 f-ee$ will remair'l fixed for th-e term of tr.e rontract
A ~: On 8 separate paper, follo.....inglhe formst below, 1isl emploYEes (o}' position) required 10 <:omi'llete
those tasks; inoljiea~ed 1110 U'Leirhourly compensatiM. You should iilCll..lde 5ubC0l'1trae-tors wl1e,e Mec!!5S2Iry.
E':(amp;es:
Job TItle , [)I.ltfes - $l 6jlling Ra~e per hOlJr
JobTtlle 'Duties - $r--.- BillingRateperholJr
B_ ~rvices.
Urle Tighlness Testing
$1
$1
$1
$1
fgatlon
TerlkS111rty Seal1i"1;twith oCOl\crete
OVA Ref1tal w;th technlcian
thour
Ta:'lk Tightness Testillg
fPe;roletJrJ; tanli:
fline
U&ed Oi! Dls.posal
$1
$1.
Virs~n fue' Triil"l:s.fer
Iga110ri
'ga~lon
~~3Y 22. .2()OO213:02 PM EDT
p:)S
- 200 -
School Di,,(rki of Palm 8~a.cIi Coun1~ R
Bid 08C-018K
fueLWa{er{Oil Mixture Disposal sl .lgallali
Sludge Disposal - }1al.8'fdo~:s.
Ga!JoIine Sludge- sl (55 !;Ial. d~m
Diese-l Sludge - Ncn:-Ha.:ardous $1 155 gal. d,um
(S[ud\;le disposal tc illC'\IJde <In.'m.mlng, allalysls, tremeportertion and dispo$al fees.)
C MisoolfaneotJs Charoes'
B'liefty define ao:;ldJtion;!i1 c.harges as. re1a.ted to tt;~ fo-l~wtf'1!'i1 GI~ their am-o\Jfllts E!ll'ld explalrl when and how they are
ass-es~ed "MI~eage andUi'I"el tIme will not be billable undE'Ir thJs contracl". {Attach asepa(ate pagel! necesury.~
Halid'ayt: and \rVeekend Charges.
(Provide a Iis1 of Co.rrtractor Holiday-s}
I
L
I
I
I
Ovel1lme:
Downtime:
Mobilization Charges:
Em.ergerl'!:-Y R-1l'sl'onse Cllarges:
Suc(>>Mr!l\;lo-r o;.l m~~t1ials ma-/1i: u~:
MillY 22. ZOll9- 2:):l[)2 PM EDT
o. :)9
- 201 -
M,)~' 22.20092:1).02 PM EOT
8oo:)(}1 Oi:;.mct oi ;:;>alm BlNjdl COll111r if I
09C-018K - ADDITIONAL INFORMA TIOt.! DOCUMENT
This information will no1 be used in lIle evaluation of the RFP.
VENDOR NAME: I
List any adddona1 services below. Prics1ists rateS etc. may be atta~&d to
submittal.
II
Equipment Attach a list of specialized equlpmellt necessary to complete lasks
within your capabUi1ies. Give odescriptions as to size, age. and type of equipment
Include rates with openrtor CO$ts
II
- 202 -
BI40[jlC-D1SK
:I
:1
p.40
Scilool Oio.irici of P.QI~n Beach Courrt,. FI
Si::i '::J'9G-n1.3~~
THE SCHOOL \:lISTRICT OF PALM BEACH COUNrY
Drug-Free Workplace Certification
P-reference- must b.e ghl'en to vendors submitting a certification with thelr bidfproposal certlfying they tla\le 8.
druIJ-free workplace in accordance witt! Sectll)li ~Florida Statutes. This; requirement affects Sll
public entities of the State and becomes effective Jei+u.ary 1, 1991 The special condition is as fo-Ilows
IDENTICAL TIE BIDS ~ Preference .hall b. giyen.<> bu.in..... with drug~fre. workplace proQ"'ms.
'Whenever t'INO or mora bids which are equal with respect to price. Quality, and seNice are ieceive<l by- the
State or by any political subdivIsion for the procurement of commodities Of contraclual service.:;, a bid
re-ceiver::l froOm a bllslness that certifies that it has im~lementecl a clrog-free workplace -program shal: be gillen
pref-erence in the award p.rocess. Estaolisl1ed p~dures fa'!" pro-cessing- tie bids will be fu110wed if none of
the tied vendors have a. drug-free wDrkplace p.rogram, a business stlall:
1, Publish a :statement notifying employae:s that th~ unlawful manu1acture, distribution, dispensing,
possessioo, or us,-e of a contro11eo::! substance is prol1ibite-d in the workplace and specifying the .a-otions
that wUI be taken a.gainst emproyees for vlolati(lrJ,s 01 SLEcl1 prohibilion.
2. Inform employees about the dangers of drug at)use in the workplace, the bu:;siness's policy of
mainlain:r1~ a dl1.Jg-tree workplace, any availablE: drug counselmg, retJabilitatlon. and emploJ'ee
assistance programs, and the penalties that may be imposed UPOIl employees for drug ab'-lse violations
3, Give each employee engaged in proviljing the commodities oroon1ractual sel"'llice$ that ere under bid a
copy of1i1e Sitatem-en( specified in subsection ~'.).
4. In the &Iatement !Specified in slJbsectron (1). notify the employees tna.t. as. 3 cOrldilion. of working on ff1e
commodities or co<"Jtrac!l.lal services that are un.der bid. the employee will abide by ttVEl terms of the
s.tatement and will not;ty the employer of any conviction of, or ptea of guilty or nolo collt-endere ro, arw
violation of chapter 8S3 or of any controlled substance law of tile United Statee; or af1Y st:lte, fur 3
violation occurrillg in t":1e workplace no. later th2ln five (5) days after s-uch oorwictiolJ
5_ Impose a sanction em, or require the satisfactmy participation in a drug abuse assis-:ance Of
rehabilitat10n p-ro"Jram if such is avallable in the employee's community. by any employee wh.o is S~
convi cled.
6. Malote a .good faith -effcrtto continue to maintain a drug-free workplace through implementation {;If this
section..
As the person authorized to sign the -statement, I certify that this. firm complies fuily with the above
re(1uirements.
I
DATE
VENDr.JHS SIG~"'TURE
I
COMr'ANY NAME
Mus;t be executed and returned with attached bid at time of bid opening to be- co:nsidert-d.
PBSO Q5S0 (Rev. 418/2(03)
ORIGINAL - PLlrd1:esing Department
'.~a~' 22, 2frO"l 2:1 ):0:2 PM EOT
041
- 203 -
SctJ,x.1 Distric:t of P",lm EeGloo County FI
Eid"0'9C-01.13K
School District of Palm Beach County
MINORITY CERTIFICATION !NFQBMAI!9J>!
.. Ched<; h~re iF Jt.UA:: r ;;(lrm must be i:'U.b.(!!~~_~ lD t1idtync,.c:om.
Minority CertifICation applications ara available t~rou9h the Minority Business Enterprise
located at:
Office of Diversity in Business Pracbces
School District 01 Palm BeKh County
3300 Forest Hill Boulevard, Suite A-l06
West Palm Beach, FL 33406-5871
Phone: (561) 434-8508
htlp'/lwww.oalmi>each. k 12.fl ,us/mwbe,
Ar. you a minority vandor certified by: (Check if appropriatel
Pain-: Beach County School District r
Stale of Florida r
If yes. expiration date I
Minor~ty Clas:sific:ltion t
II yO" are nota certi~ed minority yendor and intend to sub-contractwith a ""rti~ed
minority I;rm(s), please list lrie vendors and trie estimated dollar value below:
~ Estimated O-ol18r Value
I $1
I $1
I. .n_. $1
r'11a/ 22'. 2()Osr 2:13:02 PM EDT P .4;2
- 204 -
Sct;,J(I1 Ois.trictrn Palm Bead! ~linl~ f1
af,j(J9C-(l1ij~:
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
OI'F1CE OF DiVERSITY IN BUSINESS PRACTICES
Letter of Intent
Minority/WGmen Bu..iness Enterprise (MIWBE) SubcontractGr Participation
Form m\RIt be submittecl to BtdSyl"lc.com r Check if not applicable
BIDIRFPIRFIIITN or Project Namel
BIDIRFPJRFlnTN or Project # I
Name oj Bidder/Responder I
The lIndersigf'\6"d inte-nds to. perlorm work with the above project a~ fe-heck Dr1'&)
r l;odiyidual
r Partnership
r Corporatlon
r Joint Venture
... ff -ajOiflt v.enfuffi. atlach !etterhsad wether docC}mMtstion proving mJario?nship-J
The undersigned intends ~c pe;-rorm W(lrk. with tf1e above prcject as (check one)
r Subcontractor r; SlIbccT1suttant r Manufacturer r Sllpplier
The underslgoed is: r: Certifie-d with the School Oistrict .of P81m Beach County MIWBE Coordinator
r Certified with the Slate- lJf r=-lorida, Department of General Services.
(ProVI$iQna~)
The unde~signed is t'G~Bck only one In each .appHcabla column):
r
r
r
Africal1 American r
A$iar. American. r
Hispanic
Amencan
(\Iative Americaf1
Arneric:an F ema'e
~91UJIJR2
~- Female
r Male
C_Qlumn 3
r Physically
Column 1
PARTICIPATION; llle I.Hl-dersi ned Intellde-Io e.rtoM'l the followl~ work il1 connection With the above ro'ecl.
lam:J
CONtRACT (Tradelltel'l\$ tDncr1pttol"liDivlslor.)
-.~
Amount
~
~
:!J
M"rlY 22. 2009 2:1J:02 PM EDT
El..oI3
- 205 -
School Di~[{ltt of Pall7\ B.t':8Ch Cmmty fl
Bid 09C+Ci'El=.K
r--
:tl
r--
~
~
--~
.tJ
~
~
~
.4tI
~
Lp__~1
~
...._.M_.M.....
pnJ
J
If the um:Jersrgosd intends to :SlAb-contract JOY po. rti. ..0". of ltlis 5u'bcQnbal;;\ tQ- a l1oo-t;;erttfiao MiWBE 5-.Jb.;:on1ractor. the amouJlI
of any such. subcoi'lllact mue.t b6 stated $ _ .
Name of MlWBE Suboontractirtg Finn I.
Name arid Positi-on (type 0( p(ht} I
P8S0 15-2.5 (RB~. :2M.L':lO-9) ORlt'3INAl- OMc:e 01 [livars.Uylro Business Pmc:.~c[!s
r,..lay 22, lIJD9 2:~\3:[;'2 PM -EDT
JI_.lI4
- 206 -
Sa,Ml District of Pafm Be.ach Coun1.,. fl
Bid 09C-olBK
School District of Palm Beach County
Minority Women Business Enterprise (MIWBE)
Subcontrac10r Participation Summary
. Check r.er. if NIA; r. form must be submitted to bidsyne.com.
BIDfRFP or Pm)ec! Name I
BID!RFP ('Jr Project Number 1
Total Bid {BaSe and AllernatlveSi) I
TO DIRECTOR OF PURCHASING DEPARTMENT
The MIWBE Subcontractor firms IisterJ belcm h<'l.....e agreed to partlclpate in this BID/RFP or pro~e-ct for the
Contract (Tradelltem. .n~ the dollar amounts .hown. letter(s) Dn Inlent {PBSD 1520) for each Sub<:Dntractcr is
(are) attached
Those Su~con.tractors represented to me as MI'\NBE Certified boy the MflNBE Coc,..dlnato~ are f10tect Al~-O noted
are those Subcontractors not presently certified but represent~ng thsm:selves as MIWBE Qualified for cert::ficaUon.
Fer thOM Sllbaln':l'actors, an identification Sta:ement ~s afulched to Iheir Letter of 1ntellt (PeSD 1525)
CERTIFIED
COHTFtACTOR. CONTRACT lTlUUJESIIT-eMS AMOLlNT
YES NO
L r r I L . -
. r r I I
.. r r I \ .-.--." ..-.
_. _n. ".__H.~_
r r I I
r r I
I r r I
I r r
I .. -.. r r .--- 1 ... -
r r I
---"-- r c I
r r I I
-.-.. .- ..-._. r. r L _._~- .-.-_.--.-.-.. I
Total MfWBE Suboontractor rarticipalioo ! $ \
per.centage of Total Bid (Bii!lse & An.emates)
Contract~ng Firm Name I
N!3.me -and Po-silion (type or print} I
I
1%
POBSt) 15216 (RE. 1\1;1",20(11) o"'IGiJ'.!~L + F-~"'h'lI'''a D~~"rTr1~Cl1
M.a\l22. 20092:1J:JJ2 f1M EDT p.-.!j5
- 207 -
School Dls'i!ld of Palm :Be.ach CoUllt,. F~
BidD9C.O'llK
Question and Answers for Bid #D9C-D18K - Request for Proposal for
Petroleum, Tanks and Environmental Services
OVERALL 610 QUESTiONS
Ql.i~$1ICl'- 1
In Section '2 {lof QUof"5~lor'105-ire/Cost 00' 5e.....iO;:lj: Do;;:..m!tU, "15 firm i:....ailable to respolld tn 24 hOLlI"S?-!s tilis asking; if
tlrm ':Bn ~$p.OI'Idi :<:4I'1DI,IT$ p~; day OJ" wi~nil\ 2~ l'J,ours: of l5sIJe2 (SutJ.mjtte-d~ Ma.l' 4, 2009 J:O&~Sg. PM EDT,
Answer
- Il is asking j~ th.~ fjrm CO!ll1 resp-Q-rIId wltnin 24 hours (An~er~o: May 4, WI}9 3:08~1\l PM EDT)
Question 2
Is t~i's Rf"f' f-or 5tJ~Dly and i(lstiloll;;l:tian. of tuel Lilnks -Elf 1$ it deanirtljl/reilallilibtlon of existi/1g; fuel tanks? {5:J1bmit;t.t.d: M~\,
12, 20()9 3,;52:38 ~M EOn
Answer
. It mal{ be ltse(J for all ~tr(l:eiJm relat'fid service5 deparH:ling 00 the rleed:s of the Dlst.rlct. This may Irlclucle, but not be.
Iirr;ited t~J tal1k ilIr.(f line replaci:mellts i!ond ill mullittloe: o~ jjiffer~nt tYlle servicE c2IlIs Refer t<llist in RFP. (An!l.wE!red~ Ma~
12, :(0-09 J:S4:So2 p~ WI)
QLiestiDn 3
Para 18.1 sp'IOaks HI surety bo-n-d- re-quireme-rlls. H.ow Is t:I1-e lJoml am'tHHlt determined with thi$ RFP'? (Submitted: M...y 12,
'ZOO!;! 5;4S:S~ ~M EDT)
Answer
. PIe-a.SE rE"fet- to Md-eooum 3, pl)stcd May ]5~ 2009. (AA3WEred: May 15-. Z1JOSl 3:3J:49 PM E01")
QUllStlo-n 4
P~ra 27.1 'Sp~.ak5 tD perfl' its alld lic~llses. If subject W(lrl:; is c~nduet8:c1 on school propoerty will fees: be required (or
permits? Jr'le:s., 'l'iill thE proposer be reimburse-d- fQr $u.:;t- fees? (Submitted: May 1<:,2(1)9 5:48:{IS PM EDT,
Answer
. Permlts for 'W'Ork done Or'l [}istrict pro~e-rty a.re j:lro....ide{j by the' District's !)ljilding. (j~partmen.t.at nil fE':t! to thl!! Wrltrac:tI,'loL
(AM\I'''ered~ ME!)' 14, ;100'9" [1:55:44 AM EDT}
Questla n 5
RE-T.an1l Slufr<.... 5ea~;ing With c.ollcrete In Para 5.B -o-~ Cost of SErvices, is th~s <ost for mater1a-! Qnly or for
rr1C1l\:!rii:llje!.Julp/I,,:Jtli? (5:.Jbmftted: M'=l'J' 1::1, 2:M9 6~04:06 P"1 EDT)
An.wer
- -=1le t:Ust Is. ~C! be;ill ir:.c1usl...e based Qr! pel-t9a1~or\ size <Of the lal1k. (Al1sl'fo!:~e-d: Mal' 14, ';:O{J9l3~58::o104 Af'! EDTI
Question 6
GOES with. tjuesUofl #5 {Slwry fillin.g); Ge-rier;!aol~y; oul:side lJendQr/sLJlJcont:ranon; will be (:i'llled In to plJmp Otlt ya!'Oo.li'1e,
odie~el ~1'1.;l oily WiilU!rs "rod there ~re mo~e d'lMqes irL\,IollJe(j f.or ttl-efr sen'lr:es tr.;an;a dollar amou"t per 9<1II[1on, Are wetlJo
j(lcorporcl~ Me reQue:stec:l per gallQo charge,s alaor1!) with their mo!)i~i!atiDn, technielanCs" 'Yfie tn;';Ks eiC,! 0.- o;.~n th-rs
s[!ctim'l be remD\fe:-G.arid tile standard 5utlCDntractor markLJI" i;Je l,I;5ed irl!litead to "k-e-ep Il'ril;in~ 1alr and upfront for both
pC!ilrtles;!" 1Su-b:-nltted: M<lY 1.3, l{J[tSJ 2;19;42.1'M EOT)
Answer
- S-\J-mf.: v!!'ndars do not 9!;lnN~l1y use SubcCJlltractors so they sl10lJld In.jjiCete their chElr'l)e$. If subs .are used tllen me !'Irll1
:;:hould :1l01c:ate- wh-at they. t1ie prop~sEr. will ch~rge thE District ullrferthl., COllt,~(t It mi.lY l:J~ ~hi'lt firms t~t do rtot \lse
subcontraoctors t:harg-e less. T:1e Dist;-Irt w~nts ~a know wl1at they will be charge", by- the pr(l!>I)SEr tor tnesc se(Vi"es.
lArII;;w,"~d~ Md\l14, lrj).(]9 8~5~~440 AM 'EDT)
M~~' Z? 2.009 2: 1 ;).:;)2 :PAoI EDT
f1.46
- 208 -
6. E
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-148 - Approve
and authorize the execution of a two year contract for the RE-BID TO RE-BID FOR THE lWO-YEAR
CONTRACT FOR SCHOOL CROSSING GUARD SERVICES, Bid# 067-211 0-09/JA, to Staffing
Connection/Action Labor of West Palm Beach, Florida for an estimated annual expenditure of
$304,170.00.
EXPLANATION OF REQUEST: The following sequence of events took place regarding this
proposed two-year contract for school crossing guard services.
. On January 20,2009, Procurement Services cancelled Bid# 022-211 0-09/JA due to no
response.
. On March 3, 2009, Procurement Services opened and tabulated Bid #027-211 0-09/JA,
RE-BID FOR TWO YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES
that was awarded to Kemp Group International Corp of Miami, Florida.
. A June 23, 2009 letter was received by Procurement Services from Kemp Group
International Corp of Miami Florida rescinding their contract.
. On August 26, 2009, Procurement Services opened and tabulated two (2) proposals for
Bid #067-2110-09/JA, RE-BID TO RE-BID FOR TWO YEAR CONTRACT FOR
SCHOOL CROSSING GUARD SERVICES.
Staffing Connection/Action Labor, is the lowest, most responsive, responsible bidder
who meets all specifications. Michael Kelley, Sergeant, Traffic, Uniformed Services,
Police Department concurs with this recommendation, (see attached memo). Our
experience in the past has proven positive.
- 209 -
PROGRAM IMPACT: The purpose of this bid is to establish a firm price for a two-year period,
for the provision of School Crossing Guard Services at the various locations within the City.
The provision of this bid 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.
FISCAL IMPACT:
BUDGET ACCOUNT#
001-2110-521-49-17
ESTIMATED ANNUAL EXPENDITURE
$304,170.00
LAST YEAR'S EXPENDITURE: $302,000.00
ALTERNATIVES: It is imperative for the City to hire a crossing guard company as it would not be
safe for the children to cross the streets without a crossing guard.
- 210 -
RESOLUTION NO. R09-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE AWARD OF RE-BID TO RE-
BID #067-2110-09/JA TO STAFFING CONNECTIONS/ACTION
LABOR OF WEST PALM BEACH, FLORIDA FOR THE TWO
YEAR CONTRACT FOR SCHOOL CROSSING GUARD
SERVICES FOR AN ESTIMATED ANNUAL EXPENDITURE
OF $304,170.00; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT FOR TWO-YEAR CONTRACT
FOR SCHOOL CROSSING GUARD SERVICES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, On August 26, 2009, two (2) proposals were received and opened by
Procurement Services for the two year contract for school crossing guard services; and
WHEREAS, staff is recommending the award to Staffing Connections/Action Labor of West
Palm Beach, Florida as the lowest, most responsive, responsible bidder who meets all specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby approves
the award ofre-bed ofa re-bid Bid #067-2110-09/JA to Staffing Connections/Action Labor of West
Palm Beach, Florida for the two year contract for school crossing guard services, and does hereby
authorize the City Manager to execute an Agreement in the estimated annual expenditure of
$304,170.00, a copy of said Agreement is attached hereto and made a part hereof.
Section 3.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED this
day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
- 211 -
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
- 212 -
.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be J)ate Final Form Must I'e Date l'inull'onn Must be
Commission Meeting Turned in 10 City Clerk's Turned in to Legal Turned in to hocurement
Dales 011ice
LJ SePtember 1, 2009 AUj:\usl 17, 2009 AUllust 12. 2009 AUllust 10. 2009
-cr September 14, 2009 August 31, 2009 Auil-ust 26. 2009 AUl<us! 24.2009
I
il October 6, 2009 Se1l1ember 14.2009 Seotembcr 9 2009 I S~plcmbcr 7, 2009
i
N October 20, 2009 October 6. 2009 Sentember 30.2009 ; SCOlcmbcr 28. 2009
NATURE OF
ACENDA ITEM
AnnoWlccmcn tslPr~scntations
RF.COMMENOATrON; A motion to approve and authorize the execution ofa re~olution for a contract for the aE-
DlD TO RE-BlD FOR TWO YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVlCES, Bid #067-Z110-
09/JA, to Staffing Connection/Action Labor of West Palm Beach, Florida for an estimated annual expenditure of
$304,170.00.
CON'fR.ACi Fll:alOO: OcrOBER. 21,2009 'f0 OCl'OBIl:R. 20, 20ll
EXPLANATION: On August 26,2009. Procurement Services opened and tabulated two (2) proposals for this bid,
Staffing Connections/Action Labor is the lowest, most responsive, responsible bidder who meets all specificlltions.
Michael K:elle~', Sergeant, Traffic, Uniformed Services, Police Depllrtment concurs with this recommendation, (see
attached memo). Our experiem:e with this company in the past has proven positive.
PROGR.AM IMPACT: The purpose of this bid Is 10 estllblish a firm price for a two-year period, for thc provision of
School Crossing Guard Services at the various locations within the City.
The provlsloqs of this bid will allow for a one (I) year extension at the Sllme term~, conditions, and prices subject to
vendor acceptance, satisfactory performancc and determination that the renewal is illlhe best interest of the City.
FISCAL IMPACT:
BVOCET ACCOUNT#
001-211 0-521-49-17
ESTIMATED ANNUAL EXPENDITURE
$304,170.00
ALTERNATIVES: It is Imperative for the City to hire a cros,ing guard ~ompany as it W(lUld Dol be safe for Ihe
children to cross the streets without II cro,sing guard.
LAST YEAR'S EXPF.NOll'HR.E: $302,000.00
S:\I3ULLETIN\FORMSIAGENDA ITF.M RcQUI':s-r ~ORM_DOC
- 213 -
.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Cil) Manager's Signarure
A~_''''CJ~~
City Attorney inance
S:\Bl}J.,LETI'N\I'ORMS\AGENDA ITEM REQUEST FORM.DOC
- 214 -
I.............,'......!
. I
.'
. .
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20, 2009
D ANNOUNCEMENTS/PRESENT A TIONS 0 CITY MAfJAGER'S REPORT
0 ADMINiSTRATIVE D NEW SUSINESS
NATURE OF IZl CONSENT AGENDA 0
AGENOA ITEM LEGAL
COOE COMPLIANCE & LEGAL
0 SETTLEMENTS J:L UNFINISHEO 8USINi"SS
_0 PUBLIC HI;'ARING D
REQUESTED ACTION BY CITY COMMISSION: A motion to approve and authorize the exerution of
a resolution for a contract for the RE-BID TO RE-BID FOR THE lWO-YEAR CONTRACT FOR
SCHOOL CROSSING GUARD SERVICES, Bid# 067-2110-a9/JA, to Staffing Connection!
Action Labor of West Palm Beach, Florida for an estimated annual expenditure of $304,170.00.
CONTRACT PERIOD: October 21,2009 to October 20,2011.
EXPLANATION OF REQUEST: On August 26,2009, Procurement Services opened and
tabulated two (2) proposals for this bid. Staffing Connections/Action Labor is the lowest,
most responsive, responsible bidder who meets all specifications. Michael Kelley,
Sergeant, Traffic, Uniformed Services, Police Department concurs with this
recommendation, (see attached memo). Our experience in the past has proven positive.
PROGRAM IMPACT: The purpose of this bid is to establish a firm price for a two-year
period, for the provision of School Crossing Guard Services at the various locations
within the City,
The provision of this bid will allow for 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.
FISCAL IMPACT:
BUDGET ACCOUNT#
001-2110-52149-17
ESTIMATED ANNUAL EXPENDITURE
$304,170.00
AL TERNATIVE;S: It is imperative for the City to hire a crossing guard company as It would
not be safe for the children to cross the streets without a crossing guard.
LAST YEAR'S EXPENDITURE: $302,000.00
- 215 -
CITY OF BOYNTON BEACH; FLORIDA
INTER-OFFICE MEMORANDUM
TO:
Carol Doppler,
Purchasing, Finance
Department
~Kel~ant,
Traffic, Uniformed
Services
DATE:
September 15, 2009
FILE:
FROM:
SUBJECT: Bid # 067-211O-09/JA
REFERENCES: Re-Bid for Crossing Guard Contract
ENCLOSURES:
I have reviewed the qualified bids submitted and found that Staffing Connection/Action Labor's bid will meet
all of the needs of the City and is most fiscally responsible bid for the City (lowest bidder).
I would further say tllat the City has had previous positive ex:perience with Staffing Connection/Action Labor.
Staffing Connection has in past contracts been ex:tremely accommodating to the needs of the City.
I am therefNe forwarding this recommendation for the Staffing Connection/Action Labor bid and request that
it be placed on the agenda for review and approval!award by the City Commission.
~\ :::' ,~~ :: ;: ~.! =~ r;
P,. ~E?~~
- 216 -
,OWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER WHO MEETS ALL SPECIFICATIONS*****
~a51"g Agent Michael elley,
ORE-BID FOR TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES
Police Sergeant
i\TE: AUG 26. 2009
ME: 2:30 P.M,
:110-09/JA
'ores frOITl tl'".9 ...en&::r.s Ested herein are tre only ~
received tifne,;yas of (he above- (eceivilg date ii1rd time-_
AI 0U1er-.:rf(.en, S1Jbmitted n ifesponse lO t.ti:s :HkilaOOn,
~ ""~. are hereby rejected as Ia~e'
=X =K ~ V IV ;::.,t,
KEMP GROUP INTERNATIONAL CORP. STAFFlt-IG CONNNECTIOW ACTION LABOR ,
P.O. BOX 471614 900 OSCEOLA DRIVE, STE# 222
MIAMI. FL 33247 WEST PALM BEACH, FL 33409
PH: 954-437-7294 PH: 954-776-3444
FAX: 954-437-8952 FAX: 954-77&8476
CONTACT: CHRISTINA A. AD<:RINOKUN CONTACT: KAREN HOOVER
ATE "'S14.251 GUARD
S20.00 "'S 1R 7B!SIJPE RVjSOR
:. TIME IN HOURS
720 (30DAYSl 2 HOURS
)1" PROPOSALS
0 ONE ONE
flON "CHECK OFF"
\GES 3-5) SUBMITTED YES YES
-.- no ----
,NO novo (2] COPIES
) .' YES YES
:tUAlIFICATION FORM
D YES YES
)CCUPATIONAL
,NCLOSEO YES YES
-ION OF SCHOOL
; GUARD TRAINING YES YES
nE SUBMITTED
:::OF
RACTORS YESINA YESINA
0
ORE-BID FOR TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES
/l"TE: AUG 26, 2009
ME; 2:30 P.M.
:110-091JA
.Offers ff-om (he. vendo<s listed :oor-ein arE: the onl)' oDffers
reo::ar...ed tine.')' as-cf't:tle ~.,.e-c:ervng date ar.:l1:ime.
AI <:Jtl)e{ (:rffoE!r::. $.I;.It:IrPIitte<l in re${'.(Kl$e 11';1 ti'K$ YIli:::it.atJon,
if ;fly. ~re: hereby rei~too as. late'
KEMP GROUP 1r--.'TERf'.:ATIONAL CORP. STAFFL~G CONN~ECTLO~I ACT LON LABOR
P.O. BOX 471614 900 OS CEOLA. DRIVE, STE# 222
MIAM~. FL 33247 WEST PALM BEACH, FL 33409
PH: 954-437-7294 PH: 954-776-3444
FAX: 954-437-8952 FAX: 954-776-8476
CONTACT: CHRISTINA A. ADERINOKUN CONTACT: KAREN HOOVER
USION AFFIDAVIT
0 YESJNO NOTARY SEAL YES/NO NOTARY SEAl
3ACK AFFIDAVIT
D YES YES
mON OF MINORITY
US'NESS YESfWOMEN YESrwBEC
BROWARO COUNTY FLORIDA WOMEN BUSINESS ENTERPRISE
nON OF A DRUG-FREE
;E SUBMITTED YES YES
.S GUAROS RATE OF PAYIPER MINIMUM
OF 3 HOLJRS A DAY
SUPERVISORS RATE OF PAYI PER
MINIMUM OF 6 HOURS A DAY
SPECIFICA nONS
RE-BID TO
RE-BID
FOR
"TWO- YEAR CONTRACT FOR SCHOOL CROSSING GUARD
SERVICES"
The purpose of this bid is to establish a firm price, for a two-year period, for the provision of
School Crossing Guard Services on an "AS NEEDED BASIS" at designated times and various
locations determined by the City. The awarded contractor will be responsible for the supervision
of all personnel in accordance with COntraGt spedficatiol1s, terms and conditions, and shall
exerdse exclusive control over persons employed to fulfill these Gontract requirements.
Please place an (x) on the blank line next to each item if 11 specification is met. If exception is
taken (alternatives), bidder must explain llsillg a separate sheet of paper. Bidder must submit
specifications "check-off' sheets (Pages 3-5) with the proposal sheet iu. order for a bid to be
considered.
..x...... Orders will be placed on an "AS NEEDED BASIS" to meet City usage requirements.
.2:S..... Contractors shall specify the estimated response time necessary to get crews working
3fter receipt of order. The response time should be your best estimate, as orders will be
placed based on that information.
~ Hourly charges offered and accepted must remain firm for the term of the contract.
~ Contractors shall provide the City with a list of names, and telephone numbers, and
training dates of all guards, back,up guards, and field supervisors. Changes to the list are
to be provided to the City as they occur.
---2:5... The Contractor shall employ persons who are ncat, clean, well groomed, courteous and at
!e3St twenty-one (21) years of age and legally entitled to work in the United States.
Persons employed by the Contractor shall meet the requirements of the Immigration
Reform and Control Act of 1986.
~ Contractor is required to run a criminal backgl'Ound check on all employees contracted for
assignment to the City of Boynton Beach. Eligible employees shall have no felony
convictions:
3
nns PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
l'ORflm PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
- 219 -
~ If requested by the City, Contractor agrees to remove any employec and substitute an
acceptable per80n at that crossing post. Contractor is responsible for ensuring employees
have completed all required training before being assigned to work as a crossing guard.
~ Coutractor must maintain a daily time sheet with the signature of the employee on eaeh
work shift and the location of their guard post. A copy of this log will be submitted
weekly to the City.
-'\i- The City will accept invoices no mOre frequently than one (1) time per month. Each
invoice shall be accompunied by a cumulative time sheet detailing all employee time
logged for the invoice period as well as a copy of each individuals employee's time card.
Thc time shcct must list each guard by name, location, pay rate, bill rate and daily hours
workcd. *-erO D<\.. E \.0 G.'. l-l A~ ~ G-G::2> 't:H L L; r> 4 w ~ <. k..Li -"I 3/:'
TRAINING
1 It shall be the respousibility of the Contractor to cnsurc that all persons employed as
crossing guards receive and successfully complete proper training as required by bw.
The Contractor may perform the training with it's own staff if they are certified crossing
guard traincrs, or sub-contract tor certified training to meet this requirement.
-x:~ Contractor shall submit verification of certificd crossing guard trainers.
-K- Formal training of all crossing guards assigned to the City contract shall be conducted as
per the standards and guidelines established by the State of Florida Department of
Transportation, in accordance with Section 3l6.75, Florida Statutes, known as the
"Ramon Turnquest School Crossing Guard Act." Such training shall be conducted by
certified school crossing guard trainers, as required by the Florida DepartoJeut of
Transportation; and consist of, at a minimum, ClassroOlll Training and Field Training.
~ The Contrnctor will provide at least onc (1) training/re-training session per year, which
shall be attended by all of the Contractor's employees assigned to work on the City
contract. Any additional traiuing, such as training of new employees throughout the
school year, will be the sole responsibility of the Contractor.
SCHEDULE AND LOCATIONS OF SERVICE
---X- The Contractor shall be required to provide school crossing guard coverage at the various
loc<\tions included in the bid specifiCations. The City reserves the right to increase or
decreuse the number of crossing locations to be staffed, The Contractor shall be flexible
and provide guards for the hours needed upon the instructions of appropriate City
personnel.
~ There is an estimated 29 crossing guards per week. It is estimated that school crossing
guard services will be required for a total of approximately 19,000 hours per year. During
summer school sessions, three (3) guards will be required for approximately 30 days. The
4
THIS fACE TO BE SUBMITTED Al,ONG WlTJ-:lfROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPl'ABLE
- 220 -
Contractor will be responsible for obtaining the specific service dates required by
obtaining the school schedule from the Palm Beach County Public School system.
~ The Contractor shall provide two (2) experienced field supervisors at all times to oversee
the operations when guards arc on duty. All supervisory personnel shall be certified
school crossing guards. It will be the responsibility of the field supervisor(s) to ensure
th.at all crossings are properly staffed at all times, such staffing is required by the City.
~ The Contractor shall provide each working guard with the name and telephone number of
a back-up in case the working guard cannot be at his post. The Contractor shall ensure
that the back-up guard is fully trained and familiar with the specific crossing locations.
~ The Contractor shall provide for his employees a 24-hour answering service. In the event
a guard C<llJJJ.ot be at his assigned post and the field supervisor is not yet on duty, the
guard shall first contact his back-up and then contact the field supervisor. This field
supervisor will then contact the Contractor who will, in turn, confirm that the back-up
guard will be On duty at his assigned crossing.
~ Contractor shall provide uniforms for all guards. Any required replacement of aged, lost
or damaged uniforms shall be the responsibility of the Contractor.
-L The Contractor will be required to provide school crossing guard service at additional
locatlous as directed by the City.
-.k.. The services, level of service, and hourly charge for services provided at additiooal
locations must be equal to the service provided within the original agreement.
X The City shall provide all inform~tion regarding the additiollal number of school crossing
guards required as soon as possible, The City will work with the Contractor to develop a
transition plan before the date expanded service will be required.
5
THIS I'AGE TO BE SUBMIrrED ALONG WITH PROPOSAL IN ORDER
FOR BTD PACKAGE TO BF. CONSIDElU:D COMPLETI1: AND ACCEPTABLE
- 221 -
BIDDER ACKNOWLEDGEMENT
Submit Bids To:
PROClJREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date (City): AUGUST 4, 2009
Bid Title:
RE-BID TO REBID FOR "TWO-YEAR CONTRACT FOR
SCHOOL CROSSING GUARD SERVICES"
Bid Number:
067-2110-09/JA
Bid Received By:
AUGUST 26, 2009, 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: August 26, 2009, 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 confonn to applicable sections of the charter and
codes of the City.
Name of V cndor: A c -\--"i 0 f..l L0J:::&JtZ
Federal J.D. Number: ~S - 103 ,;?(p 2?
A Corporation of the State of; \="\0,"\ c\ A
Area Code: 11 'S Y Telephoue Number: \ -, (h" 3'-\ <---\ 1--\
Area Code: q S Y FAX Number:
Mailing Address:
~oo
IlL, - )?Yll.o
o ~('(? () I A
City/State/Zip:
i, (j i\,C( (1(..1 ,...,U'"
Vel1ctQr Mailing Date: ?~~o..j \nq
KAR~N \--\OOVE:~
Name Typed
17
nIIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
- 222 -
PROPOSAL BLANK
RE-BID TO RE-BID
FOR
"TWO-YEAR CONTRACT FOR
SCHOOL CROSSING GUARD SERVICES"
Date: ~0'1
To All Bidders:
The undersigned declares that he has carefully examined the specifications and is thoroughly
famiL(ar with its provisions and with the quality, type and grade of service called for.
When submitting more than one bid proposal priee for this service, indicate how many individual
and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for
each.
..:=Sr?P
HOURLY RATE FOR EACH CROSSING GUARD
KA-\e..- Sh-e e.1--+-
*" ~e.f(re,ce-'::>
f-
A ~+ A-rhrJ
HOURL Y RATE
ALL PRICES F.O.B. BOYNTON BEACH
It is further agreed that the response time for the placement of school crossing guards will be..A~ (;:;);1"':-...16 ')
hours after receipt of an order.
Number of Bid Proposals submitted
Specification "check-{)ff' sheets (pages 3-5)
Submitted:
OriginaL and two (2) copies submitted:
Bidder's Qualitications Fonn submitted:
Copy of occupational license end.osed:
V crification of school crossing guard
training certiticate:
~
~
;;:(0
YeslNo
~e;~o
~
Yes/No
~o
JJ_~.J..:o 5LttAx,'\\ ( Add:::>
YeslNo
18
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKACE
TO J.IE CON'SIDERED COMPLETE AND ACCEl'TAJ.lLE
Schedule of Subcontractors submitted:
- 223 -
* Rate Sheet and References
Proposed Bill Rate for the City of Boynton Beach
29 Guards - The Bill Rate will be $14.25 per hour with a three hour
daily minimum.
2 Supervisors - The Bill Rate will be $19.78 per hour with a six hour
daily minimum.
References for
Staffing Connection/Action Labor School Crossing
Guard Division
(Additional references available upon request).
City of pomrano Beach
1801 N.E. 6' Street
Pompano Beacl1, FL 33060
Carol Foland
Providing services from 8/92 - Present
City of Sunrise
Police Department
777 Sawgrass Corporate Pkwy.
Sunrise, FL 33325
Terri Wurtzberg
954.746.3484
Providing services frow 812005 - present
City of Wilton Manors
Wilton Manors Police Department
524 N.E. 21'1 Court
Wilton Manors, FL 33305
Sergeant Ed Costello
954-390-2192
Providing services since 8/2006 - present
- 224 -
Village of Palm Springs
Public Safety Department
230 Cypress Lane
Palm Springs, FL 33461
Lt. Robert Perez
561-968-8243
Providing services sinee 8/2007 - present
City of Greenacres
2995 Jog Road
Grcenaercs, FL 33467
Lt. Gary Roy
561-642-2145
Providing services sinee 8/2005 _ pJ:"est:nt
City of Coral Springs
Police Department
2801 Coral Springs Drive
Coral Springs, FL 33065
Sergeant Vincent Costabile
954-346-1267
Providing services since 8/2005 - present
- 225 -
STATEMENT OF BIDDER'S QUALTFICA nONS
Each Contractor bidding on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made palt of each bid document. Failure to comply with this
instruction may be regarded as jU$tification for rejecting the Contractor's-wo~osal. f
~~f .A .l,-\P,e.-h('"d. .
.. attach additional sheels giving the infom1ation MC1-f: 1 (\+u1..MQ.h-,,-,
1. Name of Bidder: ..::5\^-\~\~~ COODr"r4~ )~cliCf\ ~\J::Jz.
2. Business Address: L,SS~ tJ - ?c~a.\'\..O~ ~Q.-:J
&-' 30tv
t-;r.zA lrl uc\ ff (L~ \~ I +i ::s :5 3nC)
3. When Organized: , q S' 1.0
4. WhereIncorporated: +\ C1? i QA-
5.
How many years have you been engaged in the contracting busil;tess under the. presep.t G '
tlrm name? y. I....l..-:A.J~- :-X 'red C("'OS~, r........ G....P-.E'''\ "D\V\'::>kr"v S""'~ \ lo-'"'\ CrY\E'c\-!<:1)
~3 '--;eA\~ k-\ \C:-r\. l.A\'.::x:J7... Jf'lQ .
General character of work performed by your company.
.:S\ e>.-\J.;. "- 'n r(~ed\CI'"\ ~ .5\r,;:::',c-'\'\w ~ hCcj Cr~""j G0Arc:\s
, :t I
. . . _ /B~Mcl, 1>-O€ I ('. \
C\....u.-re"".\;-\-'\ "P'n,-sA. r--.~ L\ \P\rr\~-\-[) ;lL" c\ .t1.c..S l '~\m ~<-h..-\- LE-<::' '--0.)
o'-'~ 'Scv ~u.......,d:;'
A~:I<c.-^ (p.,hi/Z...... Ur\""i\c.:. \\<,.\) <.\:'. \ \(>,:;\ Ann ,<;-f'M"'~ 5K:,\~d e~(eJ'
-W: ?-< +<re.rno:::::.\ ......c\~..~\..-Ji
Eviden<:e of possession of required licenses or business permits will be attached to
Statement of Bidder's Qualifications::( $E~ A..-\--\ "",c..~ J
Number of employees. s- 8 p.~ -\- -\\ eld ~r"r~r\J>eJ ...y r
7ip..\-IAcr,rv" .
Background and experience of principal members of your personnel, including oftiecrs. '" 9 0..... \;~ ~'Q.-\ \'-,
..+ .:r ('\-k.e ......-:lIC J
Bonding capacity. ~1-e :") ~ 31d.-C::-J
(};I<<\ ec:"h~- !-.J
6.
7.
8.
9.
10.
]1.
Have you ever defaulted on a contract? If so, where and why?*
~o
19
THIS PAGE TO BE SVBMl1TEIJ IN ORDJ~R ~'OR I>ACKAGE
TO BE CONSml!:R.EO COMl'....I!:TI!: ANO ACCI!:I'1'ABLE
- 226 -
12,
;t .:;;a:::~6:6~ A~-\Ac~~\ -tUL C.,.\",e..";)-\.......--\ He..
Ex:perience in performance. - C,-, e..'1":""\ 1-\ C. \', (m-T:';' ,
Project
$ Value
Contact Name
Phone #
13. Contractsonhand.*:J~ CI-\\es G'-(.. C<..Jr~;T"\.-\1>-t ('o--..'~1"C.-*cJ .
14. Largest completed projects (include final cost). .t\ L.l.- 0..:'-:-<;'1''' CO" t, .....d.~ -
C -;) -:2 --\c~k.. ("
1) ',k\ o{~\-bn)-b1,u Df.ACh- .:j~ '1 \ Jaz -" t$Ll(JDk)
2) Lr.t r~-,""\'1 ~'-:,M-5ik(5'\. :'\\:"'I(t' \IJ~llo1 (~Ll&'Ok)
3) C,.h\ n~ G\I""I'.'~n'''', - <i.r\Ce.... 'i/ID/os (~ '-ICO~1
15. List all lawsuits (design and/or construction related) or arbitrations to which you have
been a party and which: '" f\.:c('\e,
1) arose from construction projects: * hL:('\(
2) occurred within the last 4 years: .. f'..X(\ e.
3) provide case number and style:" f0C.,ne.,.
Dated at --1\Q;-\~, "'" Oc",r"ec.'\-; C- 0\
this l..:L day of...6 20 CFt
Name:
(writte igna
\"'\FtRe0 tdOJ~
(printed or typed)
'M-e.~:rLecn 1-
Title:
20
HIlS PAGE TO.HE SU81\1fTTED IN ORDER FOR PACKAGE
TO BE CONSIDli:lUW COMFU:l'li: ANO ACCEPTABLE
- 227 -
NON COLLUSION AFFIDAVIT OF PRIME BIDDER
State of f"\oe.-"0.A
County of7A\ m ~ch.
kA fe .:) \-\c'Y"",v'eJZ,... , bc:ing iust duly sworn, deposes and says that
1) He is J?rcs.:\ ot''''-\- of .:S-\p,-\..\"U4 rlnflc:d'IU\ / Pd lc:n ~b:/2-,s.~ .
(Title) (Name of Corporation or Firm)
the bidder that ha~ submitted the attached bid:
2). He is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid;
3). Said bid is genuine and is not a collusive or sham bid;
4). Further, the said bidder nor any of its officers, partners, owners, agents, representatives,
employees Or parties in interest, including this affiant, ha~ in any way colluded, conspired,
connived or agreed, directly or indirectly witb any other bidder, firm or person to submit a
collusive or sham bid in connection with the Contract for which the attached bid has been
submitted or to refrain from bidding in connection with such Contract,. or bas in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference
with any other bidder, finn or person to fix the price or prices in the attached bid or of any
other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of
any other bidder, or to SeCure through a~ collusion, conspiracy, connivance or unlawful
agreement any advantage against the C>l'-{ or 'Fb~A' Ke..p<~ (Local Public
Agency) or any person interested in the proposed Contract; and
5). The price or prices quoted in the attacbed bid are fair and proper and are not tainted by any
collusion, conspiracy conniv r unlawful agreement on the part of the bidder or any of
its agents, represen iv , owne~s, employees, or parties in interest, including this affiant.
(Title)
Subscribed and g om to before me
This ?-o day of Au':)lJs1: J: ' 20~
My commission expires ~<;FlJ.1. f I)
21
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAG~;
TO BE CONSIDERED COMPLETE AND ACCEPTA6J.,ii:
- 228 -
A:-.JTI.KICKBACK AFFIDAVIT
STATE OF FLORIDA
58
COUNTY OF PALM BEACH
1, the uudersigned 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 fiml or by an officer of cor~.
-------'..--.......
Sworn and subscribed before me -\--
this ~ day of t+v~ vs.
,20 9..L
Printed lnfonnation:
_KD rf'l) \---Vn\.it>r'
NAME
~p~ TDf"t'""i'.---t-
TITLE
,.....,.'1~~',.f..
4lm" i- JIlIS N. HERNANDEZ
f. .:~ Notary Public. Slat. 01 Flotfda
';.;: w.i MvCommlsslQll ExplresA....13, 2011
-~,'r..I,I?,'... CommlSolOll If 00 704434
~Q. {~i"'l c''''''dlffi )Ad ;C,",
COMPANY L (-\ bo'? I
-::rflC.- .
"OFFICIAL NOTARY SEAL" STAMP
22
THIS PAGE TO BE SlIBMf'f'l'ED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABU;;
- 229 -
CONFIRMA nON OF l\'IINORlTY OWNED BUSINESS
A requested form to be madc a part of our tiles for future use and information, Please Jill out and
indicate in thc appropriate spaccs pmvided which category best describes yOUT company. Retum
this f0I111 with your bid proposal sheet making it an official part afyouT bid response.
15 your company a Minority Owned Business? X
Yes
No
TfYes, please indicate by an "X" in the appropriate box:
( ) AM:ERlCAN INDTAN
( ) AS lA.:.'l"
( ) BLACK
( ) HISPANIC
~ WOMEN
( ) OTHER
(specify)
( ) NOT APPLICABLE
Do you possess a Certification qualifYing your busincss as a Minority Owned Business?
YEsX- NO
If YES, Name the Organization from which this certiflcation was obtained and date;
W 0.>f'C - t 'Y:~::::'~u.<~':{:, ;;:,....."\H~e.':,t'
Issuing Organization for Cenification
~><-?!fl...+'\c/\ c'A.\c...- '-\/2 d?.cIO
Date of Certification
23
THIS PAGE TO BE SUBMITTED ALONe WITH PROPOSAL
MOB-l
Re~'ised 02122/05
- 230 -
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 senrice 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 statcment notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplacc and
specifying the actions that wilt be taken against employees for violations of sueh prohibition.
2) Inform cmployees about the dangers of dmg abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
cmployee 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 arc
under bid a copy of the statement specified in subsection (I).
4) In the statement specified in subsection (I), notify the employee that, as a condition of
working on the commodities or contractual services that arc under bid, the employee will
abide by the terms of the statement aud 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) unpose a sanction on, or require the satisfactory participation in a dl1,lg abuse assistance Ol"
rehabilitation program if such is available in the cmployee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain
implementation of this section.
As the person authorized to sign the statement, leer y that t
the above requirements.
24
THlS PAGE TO Bl<: SUBMITTED ALONG WITH PROPOSAL IN ORJ)€R
FOR PACKAG.I!: TO I3E CONSIOERIW COMPLETE AND ACCEPTABLE
- 23 1 -
SCHEDULE OF SUBCONTRACTING/MINORITY BUSINESS ENTERPRISE (MBEI\VBE) P ARTICIP A TION
~RE TO SUBMIT A DETAILED LISTING OF ANY SUBCONlRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS
OR ANY REASON.
RE-BID TO RE-BID FOR"T\VO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES" BID # 067-2110-09/JA
TRACTOR NAME: -.c "'5'u.l?:.~ ('cnT.e.Ac.Ta?':::" A!2E:-. reu;:}? u ~d .
'YPES: (I) BLACK; (2) HISPANIC; {3) WOMEN; (4) OTHER rSlleciM
MINORITY
ADDRESS! PHONE OF TYPE OF WORK STATUS TYPE CERTIFIED DOLLAR %Ofi
JBCONTRACTOR TORE n n '(see key D I:: AMOUNT TOTAL
PERFOR..\1ED Yes No below) Yes No
~ -~~.
25
THIS PAGE TO BE. SUBMJTTED ALO:oJG WITn PROPOSAL IN ORDER
FOR PACKAGF. TO me CONSIDERED COMPLETE AND ACCEPTABLE
*Information on Staffing Connection
Staffing Connection
6555 N. Powcrline Road, suite 306
Fort Lauderdale, FL 33069
Phone# 954-776-3444
Fax# 954-776-8476
Sharron R. Cook
Branch Manager
School Crossing Guard Division
Cell# 954.650-0310
scook(@staffim,connection.com
Joanne Duty
Crossing guard liaison
Certified School Crossing Guard Trainer
J duty@Staffingconnection.com
Nancy Jimenez
Personnel Administrator
Certified School Crossing Guard Trainer
n i i menez@staffingconnection.com
Therese Murray
Staffing Supervisor for Palm Beach County
Certifled School Crossing Guard Trainer
tm urrayfal,staffingconnection. COm
Vicki Miller
Certified School Crossing Guard Trainer
vm ill er@staffingconneccion.com
Corporate office:
Action Labor/Staffing Connection
900 Osceola Drive, Suite 222
West Palm Beach, FL 33409
561-683-1211-phone
561-683-3375 - fax
Karen Hoover - President and CEO
- 233 -
*Staffing Connection's Qualifications
Staffing Connection has contracts throughout the state of Florida including cities in Dade,
Broward. Lee and Palm Beach Counties to provide School Crossing Guard services, This
is a separate division and is managed by State Certified School Crossing Guard Trainers
since 1992 and is considered by many to be the most knowledgeable olJtside contractors
of school crossing guards in the area.
The very unique recmitment skills of the staff coupled with our vigorous training
program has made it possible for us to hire and maintain crossing guards that are
professional and skills and know how to make the right calls.
Staffing ConnectionlAction Labor is a proud member of the National Safety Council and
the South Florida Construction Safety and Health Partnership (CAR.E.P.). We take full
responsibility and a leadership role in providing a sound safety and health program, and
for ensuring its effectiveness in maintaining safe working conditions.
In addition, Staffing Connection trains all guards according to Florida School Crossiug
Guard Guidelines, by Our certified staff. Post observations are done regularly and reports
arc completed weekly.
Daily maintenance of all guards.
Background and drug testing on all new hires.
All guards covered by Staffing Connection Liability and Workers Compensation.
State Certified supervisors are in the field working and supervising the guard's daily.
- 234 -
A.k.Q8Q- CERTIFICATE OF LIABILITY INSURANCE DATe (MMfOOIVY'lYJ
1/20/2009
~ROOUCER (407) S94-5"l:3:l F1IX: (407)62~-6378 THIS CE:RTlfICATE Iii ISSUED AS A MATTER OF INFORMATION
Kuykendall Gardner ONLY AND CONFERs NO Rlmns UPON THE CERTIFICATE
HOl DER. THIS CERTIFICATE LiO~S NOT AMEND, EXTENLi OR
1560 Orange Ave Ste 750 ALTER THE COV~RAGE AFFORDED BY THE POLICIES BELOW.
Winter Pa.rk FL 32789 INSURERS AFJ'ORDING COVERAGE NAIC II
IN5ul'l~D INSURER A. :r11inois National In'" Co 23817
Action Labor Mana.g'011ent, LLC; Action :'a.bor of IN~UR~R8 Crum " Forster 42471
Flo:r:ida,LLC; Action !.a.bor of the Carolina.5/!.!.C INSURER c: Soottsdale In.s Co 41297
900 Osceola Oriv", Suite 222 INOllRER 0 National Union Fire InS 19445
west E'alnL Beaoh lr!. 33409 INSUR ER E:
c,VERAGES
THE PO\.ICII'i:S OF INS1.Jf'(ANCE L.lsH,O BELOW HAVE BEEN ISSUED TO THE Ir-ISURED NAMED ABOVE FOR THE POLICY PERIOD INi:JICATEC. NOTWITHSTANOIN~ Ar-IY
REOUIREMENT, TERM OR CONDITIO~' OF ANY CONTRACT OR OTHER DOCUMENT wiTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE lr-lsURNJeE Jll'l'oRtlED BY THE POL.Ir::II'i:$ OE:SCI\IBED HERoiN 1.3 SUB':ECT TO AL.L. THi; TERMS, EXCLUSIOr-lS AND CCNDITIONS OF SUCH PO~ICIES
ACO ~RI"(";ATF UMIB S>IOINN MAY !-lAVe ~I"~N Y PAII}CL';:'~~
I~~ :..~~'~ TYPE" OF INSU~AN':E POLl~"" NUM13 E~ ~gHmft.~g~f Pg~.fl'F.:;rIIfol'W-N UMITS
~NERAl LIABilITY I CA~H "....... 'RcctJ~< 5 .<,000,000
~ pMM~RCI'\L. GeNERA'" UABIL.:TY I f1~~.~,~~JO RENTED $ 1,000,000
A I-- CLAIMS WOE W ~CCUR l;L~S 72JO~ 1j1/200~ 1/:1/2010 M.:b~'xp fAru"...~ "R""''''n $ 5,000
I-- P.R~~.ou .-y $ ;;:,000,000
^C"~'" s 5,000,000
r- t n............... II""'T"'" _ r.......I".IPJ....p AGG
CEN\. A~c.H::E().A.,.E LlIY1'T APP"LI:$ '::'=.It ~ ;;:,000,000
n POLICY -r-;-]- ~tf'T n LOC
~OMOBIl.E LIABILITY COMBINED SltJGL.E L.IMIT $ 1,000,000
~ ANY Au10 ''=I!IIi~~ld$nt)
E ALL. OWNED '~TOS 133727::'S9~ 1/1/2009 :1/1/20:10 90DIL. Y INJURY
I-- lP~r per!Oan) S
I-- SCHEDUL.ED AUTOS
- HIRED A~TO$ eOOIL. Y INJURY $
f'o~-oVl'NED Auios (Pc( ":II:"::ldllr"l~'
~
- PRoPERTY DAMAGE ~
'~er8Gcidillnt'
~RAGE LIABiliTY A"T" "NIY. cA A(~~I"cNT I~
ANY AuTO OTHER THM; ", ,,,,.. 1$
AUTO ONLY: AGGI5
C .X~"SS.'UMaRalA ~IAalL.ITY I .,..." ~r:"'''~~=''r: ' 15 2,000,000
L10CCUR 0 CLAIMSMAOE 'la.SOO$~7Jl 01/01/2009 01/0.1/20:10 AGG~"GAT[ 5 2,000,000
5
~ DEDUCTIOLE 5
QETENTIOC: f I
A WORKEF<.S CO~peN$ATloN AN~ WC83'382 - H'L 0:1/0l/2009 01/0'-/.20H X I~\;(,"P,~N~I IOJcl;!'
EMI'LOYefl~' L.IAe.LIT'( c, q~" .~~I~F"NT
ANY P~OPRICTO:RJPARiNC.~'E'XECUnVE < 1,000,000
D OFF"IG~~IMEMS~R Ex~LUC=O? "ICS30Sl, - SC 01/01/.2009 OU01/2010 I. ~I...A<:"..' c",p 0'1'1" 1 000 000
I ~~~sr.~S~~~~I~~~~~ b ~IQW I l:: ....ISFAS"".. POI IC..... liMIT $ 1,000,000
OTHeF< I
I
~:,;gCRIPTlO N OF OPERA'rIONS1LoCA 'ncNsrvt:HICL.ESII; :(CLU::;IONS ADDE~ ev ;:NL10RS~MEHTt9P EClAt.. P~OVlSIONS
Th~ work Cornp insura~o6, rBf6rBncBi h~r~in, oover~ injuri~~ sustained by Action ~abor ~t, ~ ~ploYB.s provideG to
C~~y of B~~t~n De~~h. * 10 04Y No~ie~ of cancellation app~e8 fo~ N~n-paym~nn o~ Pr~um.
CERTIFICATE'; HOLDER
.
City of Boynton Beach
Attn: ~ohael Munro
I?O Box 310
Boynton Beach, FL 3342S-0310
CANCELLATION
Sl-IOULD ANY OF 'rHiiii ~Bav~ DESCRIBED POI.ICIES e,15 ~ANCE:LLED SEF"~R~ "J-II::
E<PIRATION bATE '1'I-iERE:JF. THE IssUIN~ u....SURER WILL END~AVOR TO MAll...
lQ..:.... DA'" WRITTEN NOTrCe TO TH. ~mT1FICAT!" ~OlDER NA"'~P TO THE L.eFT, aUT
FA.ll..lI~~ TO ~o :!i:O SI-lAl..l. IMFtCSe NO OBLIGATION OR 1.IAlijlLITY o~ ANV KIN~ UfI'oN TH~
INSURER IT~ ,b.G!';'N.::' o.R RCPRE'SE:NTATrVE8.
A\.rrHORiZIii:~ ",liiP'~I::SENTATIVE
Ronald ~ayl.l;I~
II:) ACORD CORPORATION 1988
ACORD 25 (2001106)
IPU;'O;:n'.tj, I,,_,.a, .1"10...
~...",...'1....,.,
- 235 -
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
FLORIDA SCHOOL CROSSING GUARD TRAlNING PROGRAM
This is to certifY that
7fierese Murray
has successfully completed the training
and is a certified
School Crossing Guard Trainer
August 7, 2008
DOlt
tl~:~:N?7~ <i>>
AdminisuiEOrtnalnef"
Flortd> Smool c:ro..iLlg G,,:ml: 1hinin~ l'rogr.rn
<<<<
State of P[oriaa
CDepartment o.t ransportation
/
r lias sueees
I Sc/ioo
i
l
,~"".\'!
-~~
Lo<:al AppwvIDg Official
... --
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
FLORIDA SCHOOL CROSSING GUARD TRAINING PROGRAM
This is to certify that
J o5tnne Duty
has successfully completed the training
and is a certified
School Crossing Guard Trainer
May 5,2009
Dflte
(j
-v~~f-
G,,',unors Highw.y s.rely Rep't:S<lmti~
C.,,,I Pu 1I<y
AJrnitLi:5trator/TraLn~r
f1~,;,r. School Cro'~llg Gw.rd Train;,,!,; Prugram
State of P[on'aa
C])epartment oJ; ransportation
~ '. Ef to,
-i AdDRn..istrator ITr-iliner
'flOrida SclJ.ool Crossing Guard Program
,~
Kovin "It
Gov<mor, Highway Sa":'] Rep,esentadv"
..J
--- -- -- --- --- ---.- ---. --- -.- ---- - -- --- --
,;';1"', ~'F6RM',,'{), "J1-200iAC l5-OO1
RV2Q08;3S3<iJ WOY. 3roN
- BClard -of CQun'ly CommLssfon-ars. BrOoward Co'Unty, Florid:21
IlROWARD COUNTY LOCAL BUS'N ESS TAX RECEIPT
FOR PERIOD OCTOBER 1, 2008 THRU SEPTEMBER 30. 2009
C2.........;.3U
~E'lAL TIES LV PA',D
OCT. . '0% I NOV. -150/.
. DEC. .10% ~. Afte. DEC. 3' . 25%
... Plus Tax Coll~::::tiQn Fee of up t.:) $25.00
Based 00 Cost -of BIJ ~in-=-ss Tax .1 Paid
00 C(' ;'.f1:er NO"I/e!rIber :;II].
~ACCOUNTNUMB~~
TAX
BACK TAl(
PENALlY
TC. !'EE
TRA~SfER
.:;l;.!}.....€::-.Q
o RENEWAL
p' 0 NEW
o TRANSFER
SEe /I
DATE BUSINESS OPENED
3~ .' 3:?:9
5T ATE OR COUNTY CER1/REG ·
BlJsilllffiS LQC:atJon AddJEI'S5:
vt'.s~ '\.~~;;. J .", i
roTA!.-
,
:E3-i do -oJ"j.
3~-J:. 9~:{}(.,' :::;-.q 7~~:9
,;,G.!"'~:, ~I PUW';:P-I..-X",E,: n;::. :'-uh
I" T 1,..{~Ur:'F;J".t:'(1l.-I"~ :;<;El ~~ _"J
THIS R~CEIPT MUST BE CONSPICUOUSLY IJ I SPLAYED 15T.\f"FIN.. .:::Ql~;-J!lX:T J: Oi,.
TO P U BLI C VjE,W AT THE lOCA nON ADDRESS ABOVE. (.CT 1: 01-1 j- ABClf\
BDftA'f\ n ~A'~EN' l-'l;:JDV'a~
I ~!-.!f"'\f\LI>5SS N T'i'Pi!~F:BYS1/.i~S T~"PAllfl ~,E) ~>
,..... COUNT'F'-1nl' i_,:....IDI:'..P,'-..(lt....~;; r"'L 3~:;;09
-- ~_.._...
BROWARD COUNTY REVENUE COLLECTION
115 S. Andr..wsA~enue, RmA.100
FORT LAUDERDALE. FL J3J01
WWW.browar-d,o'Qrrevenue
20G"8~l20D9
PAYMENT RECElVED AS Vl\LlllATEDABOVE 'SEE ~STRUC1l0NS ON REVERSE SlOE
p;:\xr.;.
07/2a/oe 770.07~ADOG~
1131 ^ <H.
CONSULTANT AGREEMENT FOR
RE-BID TO RE~BID
FOR
"THE TWO-YEAR CONTRACT FOR SCHOOL
CROSSING GUARD SERVICES"
nus AGREEMENT, made as of October 20. 2009, by and between the City Of Boynton
Beach, Florida, a municipal corporation organized and existing undcr the laws of the State of
Florida (hereinafter "CITY"), and Stamm! Connections/Action Labor a Florida company.
WITNESSETH:
WHEREAS, the CITY is desirous of providing lor the satisfaction of its school crossing guard
program through an independent contractor agreement; and
WHEREAS, Stamn!!. Connections/Action Labor is in the business of providing various labor
forces, including, but not limited to, school crossing guard services with appropriate
eertitlcations, and
WHEREAS, the parlies are desirous of providing for the temlS of their Agreement, entered into
as a result of Request for Bid no #067-2110-09/JA issued by CITY, and the Proposal of "TWO-
YEAR CROSSING GUARD SRRVICES'\ dated August 24, 2009 (collectively the "Bid
Documents"),
NOW, THEREFORE, in consideration of the mutual covenanls herein contained, the legal
sufficiency 0 f which is hereby acknowledged, the paJ.1ies agree as follows:
I. SCHOOL CROSSING GUARDS: Stamm! Connections/Action Labor shall
provide the school crossing guard and supcrvisory services necessary to satisfy
the requirements of the CITY School Crossing Guard Program in accordance with
the specifications and the rales provided in the Bid Documents, copies of which
arc attached hereto and incorporated herein as Composite Exhibit "A", Staffine
Connections/Action Labor (hereinafter known as Staffin~ Cpnnections/Action
Lahor) shall provide the following minimum personnel, at the locations and
during the time herein described, for thc considcration hereinafter set forth:
(a) number of guards and rate - See Composite Exhibit "A"
(b) number of supervisory personnel- See Composite Exhibit "A"
CA-!
- 241 -
The CITY reserves the right to require more or less crossing guard services upon
three (3) days written notice, specifying its needs. Schedule and locations of
services are described in Composite Exhibit "A".
2. DUTY HOURS; DUTY LOCA nONS: Staffiul! Connections/Action Labor
shall provide the personnel described above during school hours and at all posts
as deemed necessary by the School Board and the CITY. The CITY has the right
to change the duty hours, as wen as duty locations, by ~1itten directive, which
shall become effective on the dale set forth in such written directive, provided that
such date shall not be sooner than three (3) business days from the date of the
written directive.
3. CONSIDERATION: Staffinl! Connections/Action Labor shall be compensated
for the services provided hereunder in accordance with the hourly rate set forth in
Paragraph 1. Staffinf Connections/ Action Labor shall be solely responsible for
and shall provide for the payment of workers compensation insurance coverage
and premiums, withholding taxes, FICA, benefits, if any, all remunerations; all
labor contract compliance and all other charges. Staffinl! Connections/Action
Labor is being retained as an Independent Contractor and acknowledges this
Agreement does not create any employment relationship with the CITY. The
CITY shall bear no responsibility for any such charges, fees, permits, and the like
associated with the employment ol'such personnel.
Starn"!! Connection~/Aetion Labor acknowledges that the CITY is contracting
for the f~dl crossing guard services for the hours and at the described posts as
stated in this Agreement. This Agreement requires that qualified personnel
service be at each post during the prescribed post hours.
4. TRAINING AND SUPERVISION: Stamm:!: Connections/Action Labor shall
be responsible for fumishing training and certification of each of the personnel set
forth in Paragraph I (a). Staflin!! ConlJections/Action Labor represents that it is
a quali !led trainer and shall provide personnel meeting these training and
certification standards required pursuant to Section 234.302, Florida Statutes. No
person lacking such eerti fication shall perfoml services for the CITY hereunder
by Stamn!! Connections/Action Labor. Staffing Connections/Action Labor
shall have, at aU times during the tenn hereof, at its ready disposal, backup
personnel. The CITY shall pay the rate as set forth in Paragraph 1 for actual
training and retraining of applicable personnel. Stamn!! Connections/ Action
Labor shall provide the services as set forth in composite exhibit "A".
5. UNIFORM: The CITY will turn over all equipment after inventory to Staffin!!
Connections/Action Labor [or continued usage throughout the term of this
Agreement. All personnel shall wear dark slacks, skirts or shorts and a white top
with appropriate identification badge. At all times during the perfonnance of
their duties, all personncl shall dress in a clean and neat manner. Staffing;
Connections/Action Labor will assume equipment replacement responsibility as
needed.
CA-2
- 242 -
6. COMPORTMENT; CHAt'\lGE OF PERSONNEL: At times when such persolUlel
are working in the CITY whether or not on duty, such personnel shall comport
themselves in a manner which wi1l not bring disrespect upon the CITY or
Slamn!:! Connections/Action Labor, or call into question the competence or
demeanor of such person relative to the performance of the School Crossing
Guard Service, which, by its nature, requires such personnel to come into contact
with minors. Thc CITY reServes the right to require the change of any persolUlcl
upon not less than three (3) business days written notice, setting forth the name of
the person to be replaced, or in the absence of a name, the description and
location of the post location.
7. DUTY ROSTER: Smffine Connections/Action Labor shall provide the CITY
with the names of all personncl, and the location of such individual's post
location. Such roster shan be provided on a weekly basis as of Friday ofthe week
preccding.
S. TERM: This Agreement shall commence on the 20th day of October, 2009, and
include the pcriod from the Commencement Date through the last day of the
academic school year according to the School District of Palm Beach County,
Florida for the remaining part of the school year. The Contract will be for two (2)
years, with the option to renew the contract, at the same terms and conditions, for
a maximum of two (2) additional one year periods subject to vendor acceptance,
and satisfactory performance, and detcrmination that renewal will be in the best
interest of the CITY. Option to rcnew should be provided in writing pursuant to
the notice provision thirty (30) days prior to the end of the COntract period.
9. BILLING: Staffine Connections/Action Labor shall provide an invoice to the
CITY no more frequcntly than once per month. Each invoice shall be
accompanied by a cum.ulative time sheet detailing all employee time logged for
the invoice period as well as a copy of each individual's employee time card. The
time shcct must list each guard by name, location, pay rte, bill rate and daily hours
worked.
] D. TERMINATION: Either party may terminate this Agreement on written notice,
provided that the services hereunder shall not be tenninated until thirty (30) days
subsequent to the date of such written notice.
11. INSURANCE: Staffinl! Connections/Action Labor shall provide liability
insurance coverage, wlitten willI such insurance carriers as the CITY shall
reasonably approve, for personal injury and property damage. Comprehensive
General
Liability Insurance must be written on the comprehensive form ofpoticy. The
policy must contain minimum limits of liability as follow or $1, 000,000
Combined Single Limit; Bodily Injury of$I,OOO,OOO and Propelty Damage of
$500,000 each occurrence.
CA.3
- 243 -
Employer's Liability Insurance requires $1,000,000, and Workers Compensation
Insurance statutory requirements. All insurance policies must be issued by
companies a~llbori7.ed to do business under the laws of the State of Florida. The
companies must be rated nO less than "B+" as to management, and nO less than
"Class Y" as to strength by the latest edition ofBcSL'S Insurance Guide, published
by A.M. Best Company, Olwick, New Jersey, Or its equivalent, or the company
must hold a valid Florida Certi fkale of Authority as shown in the latest "List of
All Insurance Companies Authorized or Approved to do Business in Florida",
issued by the State of Florida DepUltment of Insurance and arc members of the
Florida Guaranty Fund.
All required policies of insurance shall contain a provision of endorsement that
the coverage afforded shall not be cancelled, materially changed or renewal
refused until at least thirty (30) calendar days written notice has been given to the
CITY by certified mail Slamn!!: Connections/Action Labor shall submit prior
to commencement of any work, a Certificate of Tnsunm.ce showing the CITY as
additional insured.
12. INDEMNIFICATION: 813ffin!! Connections/Action Lahor agrees to
indemnify, defend, and save hannlcss the CITY, its officers, agents, and
employees, from and against any and all liability, claims, demands, or damages,
caused by any negligent act or omission, misfeasance, or malfeasance of Staffin1!
Connections/Action Labor connected with the performance of this Agreement,
whether by <lct or omission of Staffina Connections/Action Labor, its agents,
serV<l,lls, employees or others; unless said claim for liability is caused by the
negligence, misfeasance or malfeasance of the CITY or its agents and employees,
Nothing herein shall constitute a waiver by CITY of the protections, immunities,
and limitations of liability affordcd CITY under Section 768.28, Florida Statutes.
13. NON-ASSIGNABILITY: This Agreement or any portion hereof shall not be
assigned or transferred by cither party without the written consent of the other
party.
14. CONSTRUCTION: This Agreement 311d the tcrms hereof shall be construed in
accordance with the laws of the State of Florida and venue for all actions in a
court of competent jurisdiction shall lie in Palm Beach County, Florida.
15. JOINT PREP ARA nON: The preparation of this Agreement has been a joint
effort of the parties, and the resulting document shall not, solely as a matter of
judicial constmction, be construed mOre severely against one of the parties than
the other. It is the parties' further intention that this Agreement be construed
liberally to achieve its intent.
16.. COUNTERPARTS: This Agreement may be execnted in one or more
counterparts, each of which shall be deemed to be an original, but all of which
shall constitule one and the same Agreement.
CA.4
- 244 -
17. EXHIBITS ARE TNCLUSIONARY: All exhibits attached hereto or mentioned
herein which contain additional terms shall be deemed incorporate herein by
reference.
1.8. NOTICES: Except as provided above, whenever either party desires to or must
give notice to the other, it must be given by written notice, sent by certified U.S.
Mail, with return receipt requested, addressed to the party for whom it is intended,
at the place last specified and the place for giving notice in compliance with the
provisions of this paragraph. For the present, the parties designate the following
as the respective persons and places for giving of notice:
Notices to the City of Boynton Beach shall be sent to the following address:
CITY: Procurement Services
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Fl 33425
WITH A COpy TO:
Michael Kelley
Boynton Beach Police Dept
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
Notices to Bidder shall be sent to the following address:
Staffing Connections/Action LabaT
900 Osceola Drive, Ste #222
West Palm Beach, FI 33409
Attn: Karen Hoover
19. In the event of any conflict between any provisions oftms Agreement and
any provisions in the exhibits hereto, the parties agrec that the provisions of this
Agreement are controlling.
CA-5
- 245 -
fN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first above written.
ATTEST
Janet Prainito, City Clerk
Approved as to form:
By:
City Attomey
Signed, Scaled, and delivered
In the presence of:
Print Name
Print NallJe
ATTEST:
Secretary
CITY OF BOYNTON BEACH
By:
KUlt Bressner, City Manager
BY:
Print Name
Title:
(CORPORATE SEAL)
CA-G
- 246 -
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared as
, of , an organization authorized to do
business in the State of Florida, and acknowledged executed the foregoing Agreement as the
proper official of . for the use and purposes mentioned in it and affixed the
official seal of the corporation, and that the illstrument is the act and deed of that corporation,
Hc/shc is pcrsonally known to me or has produced as
identi fication.
IN WITNESS OF THE FOREGOJNG, I have set my hand and official seal at in the State and
County aforesaid on this day of , 20_,
NOTARY PUBLIC
My Commission Expires:
CA-?
- 247 -
CITY OF BOYNTON BEACH
SCHOOL CROSSING GUARD
LOCATIONS & TIME SCHEDULE
GUARD LOCATION
A.M.
P.M.
Congress at Middle School 08:15 - 09:00 03:45 - 04:30
(Congress Middle School)
Ocean Parkway & Miner Road 07:15 - 08:00 01 :50 - 02:35
(Rolling Green Elelllentary
School)
Ocean Parkway & N. Seaerest 07:00 ~ 07:45 02:00 - 02:45
(Rolling Green Elementary
School)
Lawrence & Gateway 07:15 - 08:00 01 :50 - 02:35
(Santaluees High School)
Congress at Middle School 08:15 -09:00 03 :45 - 04:30
(Congress Middle School) I
Miner Road at School 07:15 - 08:00 01:45-02:30
(Rolling Green Elementary
School) I
Congress Avc & SR 804 I 08:15 - 09:00 06:45 - 04:30
(Congress Middle School)
Congress Ave & SR 804 08:15 - 09:00 03:45 - 04:30
(Congress Middle School)
N. Seacrest & NW 121h Ave 07:15 - 08:00 01 :50 - 02:35
(Poinciana Elementary School)
Lawrence & Gateway 07:15 - 08:00 01:50 - 02;35
(Santaluces High School)
Seacrest & Woolbright 07:00 - 07:45 02:00 - 02:45
(forest Park Elementary School)
Old Boynton Rd & Congress 08:15..09:00 03:45 - 04:30
(Congress Middle School)
Citrus Blvd at school 07:25 - 08: 1 0 01 :45 - 02:30
~? Cove Elementary School)
NW 4t1\ Street & NW 4t11 Ave 07:15 - 08:00 02:00 - 02:45
(Galaxv Elementary School)
Boynton Beh Blvd & Scacrcst 07:00 - 07:45 02:15 - 03:00 I
(Galaxy Elementary and
Poinciana Elementarv Schools)
Old Boynton & Congress 08:15 - 09:00 03:45 - 04:30
(Congress Middle School)
SW lVh Ave & Seacrcst 07:15 - 08:00 02:00 - 02:45
(Forest Park Elementary)
SW 10m A ve & SW 3f(1 Street 07: 15 ~ 08:00 01 :50 - 02:35
(Forest Park Elementary)
CA-8
- 248 -
- 249 -
07:25 - 08:1 0 02:00 - 02:45
07:15 - 08:00 01:45 -02:30
07:15 - 08:00 01 :45 - 02:30
07:15 - 08:00 01:45 - 02:30
07:15 - 08:00 02:00 - 02:45
07: 15 - 08:00 02:00 - 02:45
07:15-08:00 02:00 - 02:45
07:15-08:00 02:00 - 02:45
07:15-08:00 01 :45 - 02:30
07:15 - 08:00 01 :45 - 02:30
07: 15 - 08:00 02:00 - 02:45
07;15 - 08:00 02:00 - 02:45
07:15 - 08:00 02:00 - 02A5
07:15-08:00 02:00 ~ 02:45
CA.9
6. F
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: OCTOBER 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-149 - Approve and
authorize the execution of a Contract for "BOAT CLUB PARK RENOVATIONS" Bid # 065-2730-09CJD
to: BURKE CONSTRUCTION Group, Inc. of West Palm Beach, Florida in the amount of $220,900 with
a 10% contingency of $22,090 for a total project cost of: $242,990.
EXPLANATION OF REQUEST: On August 20, 2009, Procurement opened and tabulated fourteen
(14) bids. All bids were reviewed by the Recreation and Parks Department and references
were checked. It was determined that Burke Construction Group, Inc. was the most
responsive, responsible bidder who met all specifications although not the lowest.
The lowest bidder, Surge Solutions Group, Inc., did not have the experience as a known
general contractor in construction based on the references provided. Respondent provided
previous jobs that were performed as "General Contracting and Petroleum Contracting".
However, when references were checked with both Palm Beach County and West Palm
Beach; it was revealed that neither entity was knowledgeable of Surge Solutions and stated
that they may have been a subcontractor rather than a prime contractor on the different
projects. Therefore, staff recommends Burke Construction Group as the most responsive
since their references were excellent and the information provided was accurate. They also
have extensive experience in a variety of large projects as the prime contractor. Jody Rivers,
Parks Superintendent concurs with this recommendation (see attached memo #09-45).
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of the Boat Club Park
renovations is to enhance the Boat Club Park. The project includes the demolition of the
existing restroom and 3 concrete and wood picnic pavilions, site preparation, construction of a
new restroom, replacement of the picnic pavilions with a shade cloth material, installation of
picnic tables and trash receptacles and landscaping. Demolition of the restroom will occur after
the new restroom is completed.
- 250 -
FISCAL IMPACT: Sufficient funds are available for this $242,990 project (CP0418) in the Capital
Improvement Program approved for FY 2009-10 from available funds carried over from prior
years: Account Number 302-4108-580-62-01.
The "1996 and 2002 Recreation and Cultural Facilities Bond" was issued from Palm Beach
County. In 2007 the County contacted us and inquired if we had a project that they could help
support with these funds in the form of a grant to the City. Our commission approved the
agreement with the County for grant funds to be used for Boat Club Renovations.
ALTERNATIVES: Not to construct the project and "turn down" the 100% grant from Palm Beach
County that will reimburse the City for the total project costs at the current level.
- 251 -
RESOLUTION NO. R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH BURKE CONSTRUCTION GROUP, INC., FOR
BOAT CLUB PARK RENOVATIONS (BID #065/2730/09/CJD) IN
THE AMOUNT OF $220,900.00, PLUS OWNER'S
CONTINGENCY OF 10% IN THE AMOUNT OF $22,090.00 FOR A
TOTAL EXPENDITURE OF $242,990.00; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on August 20, 2009 Procurement Services opened and tabulated fourteen (14) bids
that were reviewed by the Parks Department; and
WHEREAS, it was determined that Burke Construction Group, Inc., was the most responsive,
responsible bidder who met all specifications; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to approve a contract for
Boat Club Park Renovations (Bid #065-2730-09/CJD) with Burke Construction Group, Inc., in the
amount of $220,900.00 plus an owner's contingency of 10% in the amount of $22,090.00 for a total
expenditure of $242,990.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize the City Manager to execute a Contract for Boat Club Park Renovations (Bid #065-2730-
09/CJD) with Burke Construction Group, Inc., in the amount of $220,900.00 plus an owner's
contingency of 10% in the amount of $22,090.00 for a total expenditure of $242,990.00, a copy of which
is attached hereto as Exhibit "A".
- 252 -
Section 3. This
Resolution shall become
effective immediately
upon passage.
PASSED AND ADOPTED this _ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
- 253 -
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 254 -
RECREATION & PARKS DEPARTMENT
MEMORANDUM 09-45
TO:
1"7~ ~ ~~ r':! ';~. ~,~.~ ;', ';. ~~ ,. "
,"', .:...: j
Carol Doppler, Purchasing Agent
~9
''''P"'-'---'--, ~"".."'., '..
FROM:
lody Rivers, Parks Superintendent 1\\
September 9, 2009 U
DATE:
SUBJECT: Boat Club Park Bid # 065-2730-09/CJD
The three lowest bids were:
Surge Solutions Group, Inc.
Burke Construction Group, Inc.
Coastal Contracting and Dev., Inc.
$215,000
$220,900
$228,500
As the lowest bidder, Surge Solutions Group's proposal indicates that the general character of work performed
by them is "Gen.eral Contracting and Petroleum Contracting." The proposa1listed several projects (classified as
Parks & Recreation, Civic Related) perfomled tor Palm Beach County including:
Buttonwood Community Park (17 acres) $2,385,600
Coconut Cove Water Park "River Ride" Complex $1,636,800
Tiger Shark Covc Park & Youth Softball Complex (7 acres) $1 ,414,80? (page cut off)
Morikami Community Park & Pavilion (12 acres) $1,040,40? (pagc cut off)
Seminole Palms Sports Park (25 acres) $8,040,000
The proposal also listed a project done for the Cily of West Palm Beach:
Howard Park Remodel & Landscape Improvements $ 648,00'1 (page cut off)
Conversations with both Palm Beach County and West Palm Beach revealed that neither entity was
knowledgeable of Surge Solutions and indicated that Surge Solutions Group may have been a subcontractor to
the prime contractOr and only installed underground tanks. The proposal was not clear and seemed to indicate
that Surge Solutions was responsible tor entire projects.
Additional reference checks were made to the following:
Donnini Enterprises Sunoco Gasoline Station
City of Lighthouse Point Underground Storage Tank Replacement
Big Blue Car Wash Car Wash
City of St. Petersburg Underground Tank Replacement
Lake Worth Drainage Dist. Tanks
City of Hialeah Tanks, Pumps, Canopy for Gas Station
The second lowest bidder was Burke Construction Group, Inc. Their proposal indicated that the general
character of work performed by the company is "General Contractor." Reference checks were received from:
Metro Life Church $ l,500,000
Hot Tuna Restaurant $ 900,000
Jungle Island $33,700,000
- 255 -
All references stated that Burke Construction Group came in on budget and on time, would hire them again
(Metro Life Church has already hired them for a second job), and "they are a b'Teat group of guys to work with,
and would hire again".
Other projects completed by Burke Construction Group include a number of schools, private developments and
Jungle Island. They were the prime contractors on each project.
The third lowest contractor was Coastal Contracting and Development, Inc. References were not checked on
this con1pany because of the good references that were received on Burke Construction Group, Inc.
It is recommended that because of the lack of experience in performing as the prime contractor in park
development and construction by Surge Solutions Group and the extensive experience of Burke Construction
Group in a variety of large projects as the prime contractor, the bid be awarded to Burke Construction Group,
Inc.
JRI
c: Lori La V erriere, Assistant City Manager
Wally Majors, Recreation and Parks Director
- 256 -
*******
LOWEST. MOST RESPONSIVE, REPSONSIBLE BIDDER
~~~~
BID: BOAT CLUB PARK RENOVATIONS
NBO MEETS ALL SPEClCATIONS*****
BID DUE OP.TE: AUGUST 20, 2009
BID DUE TIME: 2:30 P.M.
'Offers from the ','orders HSled her~l1 are the only oller;
reoer.ffl:d timt!l:i as c:f the aw-~'e r-eoeil'~ <late and time.
Ajl other o1ers :submitted n respon:soe: to I:bi~ s.dic:~.
BID# 065-2730-091CJD ~ $- ~-\t 'I al1)',...~ l>erellyrejecte<l as liIto"
VENDORS BURKE (;ONS~ RUCTiON GROUP, 1M; OASTAl CONTRACTING & DEV. iNC, EB. MORRIS GENERAL CONTRACTORS, lNC
1355 N.W, 97TH AVE. STE 200 807 N. NORTHlAKE DRNE 7G11 BUSINESS PARK BLVD., N
OORAl, FL 33172 HOll YVilOOD, Fl 33019 JACKSONVillE, FL 32256
PH: (3fJ5) 468-6604 PH: (954)920-7444 PH: {9C4l99ll.9281
FAX, (305)488-86-54 FAX: (954)927-4400 FAX; (004) 99a-95S4
CONTACT: DAViD MARTINEZ CONTACT:GARYJ,MCGEDDY CONTACT: ERIC MORRIS
ADDENDUM #1 SUBMiTTED
YES YES YES
PROPOSAL PRICE
GRAND TOTAL $220,900,00 $228,500.00 5198,950.00
NUMBEROF PROPOSALS SUBMITTED
ONE ONE ONE
NUMBER OF CALENDAR DAYS
NOT SUBMITTED 120 100
ORIGI NAl AND (2) 1WO COPI ES
SUBMITTED YES YES YES
5% B1D BON D SUBMITTED
YESfTHE HANOVER YESfTHE HANOVER YESIMERCHANTS
iNSURANCE COMPANY INSURANCE COMPANY BOND1NG COMPANY
BIDDERS QLJAUFiCATIONS
SUBMITTED YES YES YES
BIDDER SITE INSPECTION FORM
SUBMITTED YES YES YES
EVIDENCE OF POSSESSION OF
REQUIRED LICENSES/AND OR YES YES YES
BlJSINESS PERMITS SUBMITTED
NON-CO llUS ION AFFI DA vn
SUBMITTED YES YES YES
ANTI-KICK BACK AFFIDAVIT
SUBMITTED YES YES YES
CONFIRMATIONS OF MINORITY OWNED
BUSINESS YESJNOT A YES/NOT A YESINOT A
MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS
CONFIRMATION OF A DRUG FREE
WORKPLACE YES YES YES
SHEET 2.
BOAT CLUB PARK RENOVATiONS
BID: BOAT CLUB PARK RENOVATIONS
BID DUE DATE: AUGUST 20,2:009
BID DUE TIME: 2::30 P.M.
BID# 065-2730-09/CJD
'"Offer.s from tl1.e ...erdors lisJ:ed herein 3fJ:: Ule ort)' offers
fKer.red ti~el:r' as cl the: ab::we reeci'.'~ ~e and ~ime.
All other offers. sublTljrted n response to this soIWtion,
if afIY, are hereb:,' rejected as late"
VENDORS BURKE CONSTRUCTION GROUP, INC COASTAL CONTRACTING & DEV. INC. e... MORRIS GE,~ERo\L COt-ITRACTORS, I"-'C
1355 N.W. 97TH AVE. STE 200 807 N. NORTHLAKE DRIVE 7011 BUSINESS PARK BLVD., N
DORAL, FL 33172 HOLLY\lVOOD, FL 33019 JACKSONVillE, FL 32256
PH: (305) 468-6004 PH: (954} 920-1444 PH, (004) 998-9281
FAX: (05) 458.6654 FAX: (954) 927-4480 FAX: (904) 998-9584
CONTACT: DAVID MARTINEZ CONTACT:GARYJ.MCGEDDY COOT ACT: ERIC MORRI S
TRENCH SAFETY ACT AFFIDAVIT
SU BM ITIED YES YES YES
SAFETY PROGRAM COMPUANCE
SUB M ITIED YES YES YES
SCHEDULE OF SUB-CONTRACTORS
SUBM ITIED YES YES YES
COMPUTERIZED GENERATED
HORIZONTAL BAR CHART SUBMITTED YES YES YES
COMMENTS
SHEET 2
BOAT CLUB PARK RENOVATIONS
BID: BOAT CLUB PARK RENOVATIONS
BID DUE DATE: AUGUST 20,2009
BID DUE TIME: 2:30 P.M.
BID# 065-2730-09ICJD
'Orle<, uom 1heverKl<:<. _ he!enare I"""""" offers
roceivoad Iimely as af 1.t'1e .abO'J,'e receiving date an:! time.
AU other offers. sLbiliUed in respol"6;e lo lhis sol~itation.
;t any. are ~ rejected as ~~e"
VENDORS GEN-XGONSTRUGTION,lNC. H.A, CONTRACTING GORP. JMW CONSTRlICTION CORPORATION
7950 S. MILlTARYTR #202 9500 NW. 12TH ST, BAY 1 41 f.3 ARTESA DR~VE
LAKE WORTH, I'L 33463 MIAMI. Fl 33172 BOYNTON BEACH, FL 33436
PH: (561)963-4490 PH: (305) 591-9212 PH: (561) 752-0460
FAX: (561) 963-4970 FAX: (3D5) 591-9630 FAX: (561) 752..()481
CONTACT: MICHAEL S. GOLDMAN CONTACT: HENRY ANGElOll1 CONTACT: JOHN WilLE
AOOENDUM 1t1 SUBMITTED
YES YES YES
PROPOSAL PRICE
GRAND TOTAL $285,000,00 $496.000.00 $333,065.00
NUMBER OF PROPOSALS SUBMLTTEO
ONE ONE ONE
NUMBER OF CALENDAR DAYS
210 270 180
ORIGINAL AND (2) Th'O COP~ES
SUBMITTED YES YES YES
5% BID BOND SUBMITTED
YES/LINCOLN YES/HARTFORD FIRE YES/WESTFIELD
RESERVE GROUP INSURANCE PROGRAM INSURANCE COMPANY
BIDDERS QUALIFICATIONS
SUBMITTED YES YES YES
B~DDER SITE INSPECTION FORM
SUBMITTED YES YES YES
EVIDENCE OF POSSESSION OF
REQUIRED LICENSES/AND OR YES YES YES
BUSINESS PERMITS SUBMITTED
NON-COLLUSION AFFIDAViT
SUBMITTED YES YES YES
ANTI-K~CK BACK AFFIDAVIT
SUBMITTED YES YES YES
CONFIRIMTIONS OF MINORITY OWNED
BUSINESS YESINOT A YES/NOT A YESINOT A
MINORHY OWNED 8USINESS MINORITY OW NED BUSI NESS MINORITY OWNEO BUSINESS
CONFIRMATION OF A DRUG FREE
WORKPLACE YES YES YES
SHEET 3
BOAT CLUB PARK RENOVATIONS
BID: BOAT CLUB PARK RENOVATIONS
BID DUE DATE: AUGUST 20, 2009
BID DUE TIME: 2:30 P.M.
BID# 065-2730-1}9iCJD
"Offer.s rlOltl1.he vendo""s ~i:sted hePein are Ule art)' offeI's
rEC8Ned timety as of the abwe recer.-ng d.a-~e and tine.
Mother offe:s sulYnittoo in res~ to this. s-oIici:a':.i-orI.
if 3-"11. are hereby rejecte-d as late"'
VENDORS GEN-X CONSTRUCTION,INC. HA CONTRACTING CORP. JMW CONSTRUCTION CORPOAATION
795{l S. MILITARY fR. #202 ~500 NW. 12Tl1 ST. BAY 1 4163ARTESADmVE
LAKE WORTH. FL 33463 MIAMI, FL 33172 BOYNTON BEACH, FL 33436
PH: (561) 963-4490 PH: (305) 59H,212 PH~ (561) 75241eO
FAX: (561) 963-4970 FAX: (305) 591-96.30 FAX: (:.61) 752.()4.B 1
CONTACT: MICHAEL S. GOLDMAN CONTACT~ HENRY ANGELO III CONTACT: JOHN WILLE
TRENCH SAFETY ACT AFFIDAVIT
SUBMITTED YES YES YES
SAFETY PRO GRAM COM PUAN CE
SUBMITTEO YES YES YES
SCHEOULE OF SUB-cGNTRACTORS
SUBMITTED YESINA YES YES
COMPUTERIZED GENERATED
HOR~ZONT AL BAR CHART S U SMITTEO NOT SUBMITTED YES YES
COMMENTS
SHEET J
BOAT CLUB PARK RENOVATJONS
BID: BOAT CLUB PARK RENOVATIONS
BID DUE DATE: AUGUST 20, 2009
BID DUE TIME: 2:30 P,M.
BIO# 065-2730-09/CJD
"Offers fro;)'r'l the verd:x's ~ rerein are the o~~'-ofie(s
reoelvoo tm(i!~ as of the aoove re<:eivTlg dal:e aoo tine.
All d.terotJ1f-e!"5 submitte1 in res.p:t(lse tolhis oolk:ita\iofIL.
if ""l". are ne,ebji '<'ie<Eoo a.loW'
VENDORS J.RAWN ENTERPR~SES INC, RALPH DELLA-PIETRII, INC. SURGE SOLUTIONS GROUP, 1NC,
6963 WILSON ROAD 8M JUPITER PARK DRIVE, UN1T 1113 8120 BELVEDERE RO 114
WEST PALM BEACH, FL 33413 JUPITER, FL 33458 WEST PALM BEACH, FL 33411
PH: (5611478-7445 PH: (5&11745-8555 PH: (5-611333-3600
FAX: (5611478-8471 FAX:(561} 745-7468 FAX: (561) 2{12-i>216
CONTACT: JACK D. RAWN CONTACT: RIILPI-I DELLA-PIETRA CONTACT: RYAN SEDDON
ADDENDUM 111 SUBMITTED
YES YES YES
PROPOSAL PRICE
GRAND TOTAL $319,B80 ,liD S24S,895JlO $215,000.00
NUMBER OF PROPOSALS SUBMITTED
ONE ONE ONE
NlIMIJER OF CALENDAR DAYS
180 180 17!l
ORIGINAL AND (2) TWO COPiES
SUBMITTED YES YES YES
5% BID BOND SUBMITTED
YES/SURETEC YESITRAVELERS CASUALTY YES/EVERGREEN NATIONAL
INSURANCE COMPANY & SURETY CO. OF AMERICA INDEMNITY COMPANY
BIDDERS QUALIFICATIONS
SLJBMITTED YES YES YES
BIDDER SITE INSPECTION FORM
SUBMITTED YES YES YES
EVIDENCE OF POSSESS[ON OF
REQUIRED LICENSES/AND OR YES YES YES
BUSINESS PERMITS SUBMITTED
NON-COLLUSION AFFiDAVJT
SUBMITTED YES YES YES
ANTI-KICK BACK AF F I DA VI T
SUBMITTED YES YES YES
CONFIRMATIONS OF MINORITY OWNED
BUSINESS YESlNOT A YES/NOT A YES/NOT A
MINORl TY OWNED B USI NESS M'NORITYOWNED BUS'NESS MINORITY OWNED BUSINESS
CONFIRMATION OF A DRUG FREE
WORKPLACE YES YES YES
SHEET 4
BOAT CLUB PARK RENOVATIONS
BID: BOAT CLUB PARK RENOVATIONS
BID DUE DATE: AUGUST 20, 2009
BID DUE TIME: 2:30 P.M.
BID# 065-2730-091CJD
"Offers. frorrI the ver1dcl"s ~sled rerein are the c.nIy ~
recci.-eoj 1irJ'lol!ly as. of ~ aoo..-e receivil'{l date .a[!lj tirr.e.
All ott-er offe.rs :!iLb'TJitt~ in res-~&e to rtJis s.cf"cll.atb!J..
if any. ar~ he<eb.,. rejecte<l .slats'
VENDORS J,RAWN ENTE RPRlS ES INC. RALPH DElLA-PIETRA, INC. SURGE SOLUnONS GROUP,INC.
6963 WILSON ROAD 8OOJUP~TER PARK DRIVE, UNIT#13 8120 BELVEDERE RD #4
WEST PALM BEACH, FL 33413 JUPJTER, FL 33458 WEST PALM BEACH, Fl 33411
PH: (561l478-7445 PH: (561) 745--8555 PH: (561) 333-3600
FAX: (561)478--8471 FAX:(561) 745--7468 FAX: (561) 202-6216
CONTACT: JACK D. RAWN CONTACT: RALPH DELLA-PIETRA CONTACT: RYAN SEDOON
TRENCH SAFETY ACT AFFIDAViT
SUBMITTED YES YES YES
SAFEn' PROGRAM COMPLIANCE
SUBMITTED YES Y!:S YES
SCHEDULE OF SUB-CONTRACTORS
SUBMITTED YES YES
YES
COMPUTERIZED GENERATED
HORIZONTAL BAR CHAR.T SIJBMITTED YES YES UPON AWARD
COMMENTS
SHEET 4
BOAT CLUB PARK RENOVATIONS
BID: BOAT CLUB PARK RENOVATIONS
BID DUE DATE: AUGUST 2G, 20G9
BID DUE TIME: 2:30 P.M.
BIO# 065-2730-09/CJO
"Offers ri.;)rrJ the verdxs listed terein are treO'llly-of.'"e;s
rec-ei\'eC ttneJy as.of the above- .re;::e~ date ii1rd fme.
M 0: her 0"1'rers submlted in response ~o ttH:s so6:::itaticfJ-,
".ny, ar~ hereby .<je.ole<l as lale'
VENDORS TENEX ENTERPR~SES, INC. WEST CONSTRUCTION, INC.
850 S.W. 14TH COURT 318 S. DIXI E HIGHWAY, STE 4-5
POMPANO BEACH, FL 330{;{l LAKE WORTH, fL 33460
PH: (954)788-8100 PH; (&61) 51>8-2027
FAX: (954) 788-0005 FAX: (561) 5.82-9419
CONTACT: f-lAMID FOUlADl CONTACT: MAR.THA A- MORGAN
ADDENDUM #1 SUBMITTED
YES YES
PROPOSAL PRICE
GRAND TOTAL $269,000.00 $259,123.00
NUMBER OF PROPOSALS SUBMITTED
ONE ONE
NUMBER OF CALENDAR DAYS
270 270
ORIGINAL AND (2) TWO COPIES
SUBMITTED YES YES
5% BID BOND SUBMITTED
YES/FIRST YESiWESTERN
SEAlORD SURETY, INC. SURETY COMPANY
BIDDERS QUALIFICATIONS
SUBMITTED YES YES
BIDDER SITE INSPECTION fORM
SUBMITTED YES YES
EVIDENCE OF POSSESSION OF
REQUIRED LICENSES/AND OR YES YES
BUSINESS PERMHS SUBM~TTED
NON-COLLUSION AFFIDAVJT
SUBMITTED YES YES
ANTI-KICK BACK AfFIDAVIT
SUBMITTED YES YES
CONFIRMATiONS OF MINORiTY OWNED
BUSINESS YESINOT A YESIBROWARO COUNTY SMALL
MINORITY OWNED BUSINESS BUSINESS DEVELOPMENT
CONFIRMATION OF A DRUG fREE
WORKPLACE YES YES
SHEET 5
BOAT CLUB PARK RENOVATIONS
BID: BOAT CLUB PARK RENOVATIONS
B~D DUE OATE: AUGUST 20, 2.D09
BID DUE TIME: 2.:30 P,M,
BID# 065-2730-0SrCJD
-OffefS from 'ItIa vend:::r.s Ested herein are the- 00)' offers
r~eived rimely ~s. at the aOOie- le-:eiWl!;! da~e and time.
AI -cr1:he.r offers sl.i;fTli1t-e-.1 in res.p:tnS-e to !.his solicil:;:ilion,
if 21r'fj,:arE: beret;.:,' reje<:~ed a$late"
VENDORS TENEX ENTERPRISES, INC. WEST CONSTRUCTION, lNC,
S50S.W. 14TH COURT 318 S. DIXIE HIGKWAY, STE 4-5
POMPANO BEACH, FL 33060 LAKE WORTH, FL 3:5460
PH: (954) 788-8100 PH: 1561) 588-2027
FAX: (954) 7113-0005 FAX: (561)582-9419
CONTACT: J-jAMID FOULAOl CONTACT:MARTHAA,MORGAN
TRENCH SAFETY ACT AFFIDAVIT
SUBMITTED YES YES
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES YES
SCHEOULE OF SUB.cONTRACTORS
SUBMITTED YES YES
COMPUTER IZED GEN ERA TE 0
HORIZONTAL BAR CHART SUBMITTED SCHEOULE1BUT NO CHART YES
COMMENTS
SHEET 5
BOAT CLUB PARK RENOVATIONS
BID: BOAT CLUB PARK RENOVATIONS
BID DUE DATE: AUGUST 2{), 2009
BID DUE TIME: 2:30 P.M.
BID# 065-2730-09/CJD
'OIfers ""'" 1M vendor. listed herein are \he onI~ offers
reoeM!d1inlel~.. oft/le aOOi. reee;,'i"9 date .""time.
AJI ol:l':€r dfers. SiLbnitl:ed in re:sponse ~D ttis soli::it3tbn.
l. anyr are hereb:.- rejected as late"
VENDORS ALL-SITE CONSTRUCTION INC ANDES CONSTRUCTION GROUP, INC BENCHMARK CONTRACTORS, LLC
101 E. BLUE HERON BLVD. STE 203 577 BRIDGETON ROAD 3161 S.W. LAKE TERRACE
RlVIERA BEACH, FL J3404 WESTON, Fl 33326 PAlM C~TY, FL 34990
PH: (561)848-1110 PH: (954) 608.4413 PH: (772)237-6426
FAX: (561) 848-1132 FAX: (954) 659.1959 FAX: (772) 91B-4284
CONTACT: EZRA SAFFOLD CONTACT: ILAN COHEN CONTACT: GAIL E. STEWART
ADDENDUM ~1 SUBMITTED
YES YES YES
PROPOSAL PRICE
GRAND TOTAL ~234.751,OO $277,700.00 $2&1,636.00
NUMBER OF PROPOSALS SUBMITTED
ONE ONE ONE
NUMBER OF CAtENDAR DAYS
NOT SUBMITTED NOT SUBMiTTED 180
ORIGINAL AND (2) TWO COPIES
SUBMITTE D YES YES YES
5% BID BOND SUBMITTED
YES/FIRST SEALORD YESlCOMMERCIAL INSURANCE YES/AMERICAN SOLfTHERN
SURETY INC. ALLIANCE INSURANCE COMPANY
BIDDERS QUAUFICATIONS
SUBMITTED YES YES YES
BIDDER SITE INSPECTION FORM
SUBMITTED YES YES YES
EVIDENCE OF POSSESSION OF
REQUJRED LICENSES/AND OR YES YES YES
BUSINESS PERMITS SUBMITTED
NON-COlLUSION AFFIDAViT
SUBMITTED YES YES YES
ANTI-KICK BACK AfFIDAVIT
SUBMITTED YES YES YES
CONFIRMATIONS Of MINORITY OWNED
BUSINESS YESiYES YESINOT A YEStA MINQRITY OWNED
CERT. PBC, MINORITY OWNED BUSINESS BUSINESS
CONFIRMATION OF ADRUG FREE
WORKPLACE YES YES YES
SHEET 1
BOAT CLUB PARK RENOVATiONS
BID: BOAT CLUB PARK RENOVATIONS
BID DUE DATE: AUGUST 20, 2009
BID DUE TIME: 2:30 P,M,
BID# 065-2730-09fCJD
"00<<5 from tOO ...erdors asted terein ;;ire t!'.3 (riy offE::l'S
re:::ei"ved limely as c::f the above receNl1g date and time.
AI other offers submitted in res.p::fi5e to this :sOlCit3tion,
if arr;', ore I'ereby ,eject.,; a.,....
VENDORS ALL-S1TE CONSTRUCTION INC ANDES CONSTRUCTION GROUP, IMC BENCHMARK CONTRACTORS, LLC
101 E, BLUE HERON BLVD, STE 203 577 BRIDGETON ROAD 3161 S.w. LAKE TERRACE
RIVI ERA BEACH, FL 334D4 WESTON, FL 33326 PALM CITY, Fl 34990
PH: (551) 848-1110 PH: (954)508-4413 PH: (772) 237-6425
FAX~ (561) 848-1132 FAX: (954)559-1959 FAX: (712} 919-4284
CONTACT: EZRASAFFOUJ CONTACT: ILAN COHEN CONTACT: GAIL E. STEWART
TRENCH SAFETY ACT AFfIDAVIT
SUBMITTED YES YES YES
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES YES YES
SCHEDULE OF SUB-CONTMCTORS
SUBMITTED YES YES YES
COMPUTERIZEO GENERATED
HORIZONTAL BAR CHART SUBMITTED YES YES YES
COMMENTS
SHEET 1
BOAT CLUB PARK RENOVATIONS
BID TITLE: BOAT CLUB PARK RENOVATIONS
BID NUMBER: 065-2730-09/c.m
PROJECT NUMBER: CP0418
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 20th day of October, 2009, by and between the
CITY OF BO"'YNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY"
or "OVv'NER" and Burke Construction Group, Inc..
a Florida Corporation lXJ
a Florida General Partnership (-"!
a Florida Limited Partnership ~
a Sole Proplietor ~
Check One
hereinafter called "CONTRACTOR",
)y'J..!.NES~El11
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly refcrroo to as:
BOAT CLUB PARK RENOV ATlONS
NAME OF BID
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 8th day 0 f August, 2009. for thc total bid amount of $220,900.00; and,
WHEREAS, OIl the 20th day of October. 2009, the City Commission designated eontmetor
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 270 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 contallled herein, the parties agrce as follows:
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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 docs 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 agrcc to furnish
the necessary labor, tools. equipment, matcrials 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 tenn is set forth in the
General Conditions fOf Constmction GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless otherwise provided, all time frames referenced III all Contract
Documents shall be calcndar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. T11e "Contract Docnments" are the compilation of the following individual
documents:
2.2.1. Advertisement for Bids
2.2.2. InstructiOllS 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. Construction Contract
2.2.7. Certificate of Insurance
2.2.8. Public Construction Bond
2.2.9. Technical Speci fieations
2.2.10. Contract Drawings and Plans
2.2.11. Addenda
2.2.12. Written directives or interpretations
2.2.13. Manufacturers warranties
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3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shal I:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2. Perfom1 all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict confonnity with the Contract
Documents. CO?\'TRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Proj eet Manager and strictly in accordance with the Contract Documents.
3.1.4. CONTRACTOR shall fumish each subcontractor or material supplier with
a copy of his Public Construction Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time ofissuanee.
3.1.5. Guarantee all work and materials for a period orone (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 Teclm.ical Specifications for Construction 01700, EXECUTION
REQU[REMENTS.Comply with the provisiollS of Section 255.05, Florida
Statutes, if applicable.
3.1. 7. Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
3.1.8. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
3.1.9. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Flolida.
3.] .10. Obtain written approval from the CITY of all subcontractors not disclosed
C - 3
Uti]iti~~ D~p3rtmcnt
Rev. 12/30/03
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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 perfomlance of the Project within ten (10) of the
Award ofthe Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of a11 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 omissiollS of their
subcontractors or suppliers.
4. CITY'S OBLIGATJO~TS
4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre-
COTIstnLction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth ill the Contract Documents.
4.3. On satisractory completion of the Project, provide a written final acceptance and
payment for the entire proj ecL
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 270
calendar days thereafter.
5.2. Time is the essence of the contracl. 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 [or each and every calendar day that the CONTRACTOR shall be in
default of aChieving certification of Substantial Completion,
5.3. CONTRA.CTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each suhcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR'S bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
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Rev. 12/30/03
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as unfit.
6. UQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $1.000.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY'S issuance of the
"Notice to Proceed" or fajlI.lre to achieve Substantial Completion within 270
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 fTom
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 arc
to be corrected by the CO)JTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as srated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at lhe 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. Thc CONTR.A.CTOR 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 thc Tcchnical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PRO,IECTS, and/or 01541 SECURlTY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnily and save hannless 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 aet
of CONTRA.CTOR, its agents, servants, or employees in the perfonnanee of
services under this Agreement.
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial ,:md appellate levels) of whatsoever kind or nature for damages to
persons or properly causcd in whole or in part by any act, omission, or dcfault of
the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
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Utilities Department
~ev_ [2/30/03
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8.3. 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 tbe Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shal.l be enforceable and said
provision shall bc in compliance with Section 725.06, Florida Statute.
8.4. 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
Constmction. However, the indemnification provision, and the insurance
provision contained in the Gencral Conditions for Construction are not
interdependent of each other, but rather eacll one is separate and distinct from the
othcr.
8.5. The obligation of the CONTRACTOR to indemni fy 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 CONTRA.CTOR.
9. PAYMENT BY CITY
9.1. The CITY ab'fees to pay the CONTRACTOR in current fWlds for the perfOmla11CC
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHA~GES IN THE WORK
10.1. The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly. All such work shall be executed under the conditiol.lS of the
original Contract. Any claim for extension of time caused thereby shall be made
in writing at the time such change is ordered. Changes in the work must be
processed as set forth in the General Conditions for Construction GC-46, FIELD
CHANGE DIRECTIVES/CHANGE ORDERS. No Field Change Directive or
Change Order shall be authonz:ed by the Project Manager if the Contractor has
added language to the Field Change Directive or Change Order or to any cover
letter, e-mail, facsimile or other written documenl whicb accompanies the Field
Change Directive or Change Order in which the contractor attempts to reserve any
futu,e right or claim arising out of the work which is the subject of the Field
Change Directive or Change Order.
10.2. All change orders and adjustments shall be in writing and approved by the Project
Manager, othenvise, no claim for extras will be allowed.
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10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bms. 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 thc claim presented at the time of the nrst estimate after
the work is completed.
t 1. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is Jody Rivers.
11.2. The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
a~lthority in writing. He has ullthority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract
11.3. As the Project Engineer is, in the first instance, the interpreter 0 f 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 perfOnllanCe by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of dOC~~n1ents, Or copies thereof certified by the City
Clerk, shall be used as evidence.
13.2. In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the CITY, or its representatives as set fmth in the General Conditions for
Construction (GC-I7, CONTRACT INTERPRETATION. In reconciling
connicting provisions of the Contract Documents, the Contract shall have the
greatest weighL, followed by the General Conditions for Construction and finally
by the balance of the Contract Document
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14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
perfollllance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits arc ofthc essence of the Contract.
15. REMEDY FOR DELAY
15.1. In the event 0 f any delay in the proj ect 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 c3llsed 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 TN ASSOCIATION WITH ANY DELAY TN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LlMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOClATED WITH
THIS LIMITATION.
CONTRACTOR hereby acknowledges that he has read and understands the above
provision.
INITIALS
15.3. Failure on the part of CONTRACTOR to limely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension 0 f 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 sedion, 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 lhe General Condi.tions for Construction
GC-18, DISPUTES.
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16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
IN WITNESS WHEREOF~ the CITY has caused these presents to be signed by its City
Man<lger, 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
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
City Manager
Attest:
Approved as to Form:
City Clerk
City Attomcy
Signed, sealed and witnessed
in the presence of:
CONTRACTOR
BURKE CONSTRUCTION GROUP, INC.
President or Vice President
Attest as to CONTRACTOR
State of Florida
)
) sis:
County of Palm Beach
On this ~ day of ,20_, personally appeared before me, duly authorized
Lo administer oaths, known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
Notary Public
My Commission Expires:
C-9
Utilities Depaltll1ent
Rev, 12/30/03
- 275 -
THE DOCUMENTS
BEHIND THIS PAGE
MUST ACCOMPANY RESPONSE
IN ORDER FOR SUBMITTAL
TO BE CONSIDERED
COMPLETE AND ACCEPTABLE
- 276 -
BIDDER ACKNOWLEDGEMENT
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:
Bid Title:
BOAT CLUB PARK RENOVATIONS
Bid Number:
065-2730-09/CJD
Bid Received By: AUGUST 20,2009, NO LATER TIUN 2:30 P.M. (LOCAL TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid reaiving date and
time is scheduled for: AUGUST 20, 2009, nO laUI: than 2;30 P,M. Oocal time) and may not
be withdrawn within ninety (90) daysafu:r $Uclnh.and~
All awards made as a rcsult'o.f~;-bid shall confonnto a.wliCllJ;lesections of the charter and
codes of the City. .
Name of Vendor:
,EJRK~ Crl.j~-(F':JCTIO~ &evpIJJG..
., \
Federal I.D. Number: '.;), U ..:. I d. 05.5' l' ~
A Corporation of the StatcQf, F L. C> ~ I b ft
Area Code: ~ ~ncNumber: 1uf-u~.of
ArcaCode: /~6S FMC.NMiber: 310,1: ~{,,&$'tf
Mailing Address: I ,"""1,~.< Ah.J qr; 1.6- f\1f.f.' $; ,7'(i.. 'Z-co
. , I
City/StatelZip: DO Rp.L- (L. :33 1
Vendor Mailing Date:
THIS PAGE TO BE SUSMlTl'ED ALONG WITH I"ROI'OSAL
BA -1
- 277 -
ADDENDA
\
,
BID TITLE: ----BD~i'
. BIDDER: ~ Rl.LoG:
CITY OF BOYNTON BEACH
FLORIDA
e Lvr; PkRt< K Ii-~b VA-!ltlA) 'So
CI;)0~-rf:.,u(...n~0 ~(')fl' "]:A/L.
,
DATE SUBMlTfED;
~~D l &q
We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the
Contract Fenn, to fumish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the documenlS prepared by:
4?s;T'"C?,A;\. ' ~Ji:-r~ tJc.t!v'~ i . ..
(Name of Project Manager/Architect/Consultant)
and having examined the project site (when incJieated in tbese specifications to do so), We
propose to perform the work of this Project according to the Contract documents and the
following addenda which we have received:
ADDENDUM
,
DATE
1/lf[oq
ADDENDUM
DATE
THIS PAGE TO Bi: SUBMITTED ALONCwrrn PROPOSAL IN ORDEll
FOR l'ACI{AGE TO BE CONSlDEMD COMPLETE AND ACCEPT4BLE
A.l
- 278 -
ADDENDA
)
BID TITLE: -500..'1"
. BIDDER: ?-.u R/,Oi:_
DAlE SUBMllTED:
CITY OF BOYNTON BEACH
FLORIDA
0l\l~ PkRK K /i..J,JD V'A7/tlU S
Ca 0-:, """-U (.."rt",,) ~.....? -;:'Vc.. .
,
iJ-z.-o loq
.
We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the
Contract Fonn, to furnish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the
work specified by the COQtract documents.
Having studied the documents prepared by:
t\S\ c;;ro l!. A: I... . 1:..n:.,- fIo; tJ c..1!h.l~ "'\
(Name of Project Manager/Architect/Consultant)
and having examined the project site (when indieatcd in these specificatiOIJS to do SO), we
propose to perfonn the work of this Project according to the Contract documents and the
foHowing addenda which we have received:
ADDENDUM
,
DATE
-1 kft~
ADDENDUM
DATE
nus PAGE TO BE SUBMITrED ALONGWITJI PROl'OSAL IN ORDER
roR PACKAGE TO HI!: CONSIDEJQ;D COMPLETE AND ACCEPTABLE
A - I
- 279 -
{)L'I".iIh-on &.ar: Fi1.5h .oII1tJ.QI.a.tef" 1'SC0iJarlE!t'
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, 1 ciay! t.4I;nSt'1-4J09 """""~"" ~~
,,",, Sda:J's llJ119.'151'09 ~~1'l1M
.. 1 D dOl~s~ TUB 9,'22..09 ~10.~.
pa' 5 clays Tue1CJ.o1B.'09 MJn1c,,'1ZI'I)9I.
)i::a..'ld pbg 5da~s lL'E! 1Ci13.'09 Mon 1&19l00 --
artC=~e.b 10di1l1S TLa 11)'20.'03 1&fi 11,'Zo"J.:I':
10days TlIB11l3.'O!l ~1H16.'W
- I iOdajlS TL€I \ 1~1:i'.'0!3 Mor.11J'3o."O: --.-----
I 5.;;12.1$ TUIiI.,Z.1~ ~orJ1Z'7n;r; --~
.od~'" I -.0 days iue 12/8,(19 Pr.'\on12J21.rooj
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!;.dl;l:.'s: 11.400 'I-!.'7/00 Fri 1211iiU:
..
~ I) c1a:JIs: \bn 12.1'14/09 Fri "r2..':2!i109 ~
~dajl!i "Moo 12.'28.00 Fr._ 1,1110 ~
~ii1p I 5d!.:JI!!I M(Jn 1.'4..."10 Fit 1iB11Q
"1/Yo<<O 5-de.ys ~O"'I :t.'15..10 Fri Z'~9110 ~
5..,., "M:i..'22I1C FriWfio'1oj
I"" 5<1ert' Mor.3.'H10 FI'\~i!i,'''] ~
I 5{!~ "o\o-r.:YB.'1 E="riY1:m:J
I T.... ~~ F'rOo;'''''I!!I!!1 -." . . ElIUIrrMlITas.kt . ~ o.;.acl!iM ,.
s.<' 'Y.i1E'5".or'e . PI1Jje;::l:Su~ E; .. E:lt&'rJ;::I:IW~e- ~
p~,
O~!qf2009 TUI:: U: 56 FAX
The City of
Boynton Beach
\1
=1".
r"oClll'~m~lI( S~ntict!!l'
JOO E. !.I0YIIIOII Delich lJolIl('wml
P. O. Eo:OW
Boynton Bcuch. FIOI'ida 334~5.031O
Tel~pli/1II(!: (561) 7<12.6310
FAX.. (561) 74}.6JJ6
ADDENDUM #1
DATE:
AUGUST 18,2009
BID TITLE:
BOAT CLUB PARK RENOVATIONS
BID NUMBER:
#0 65-273 O-09/CJD
The following changes, additions. deletiolls, and/or infomllltiol1 are hereby made a part of the
BID fOJ'thc "BOAT CLUB PARK RENOVATIONS"
1. Question: The demolition plan (DP-1) only shows two picnic pavilions to be removed.
The scope of work references three pavilions, Is the pavilion across from the playground
also to be removed?
Answer: The three existing picnic areas will be demolished, but only two will be
replaced as per plans
2. Question: The scope of work references installation of picnic tables and trash
receptacles. There are no specs on these Items. Are they to be furnished by the city and
installed by the contractor? If so we will need quantities and Installation instructions.
Answer; The City of Boynton Beach will prOVide the site furnishings to be installed
pleaSE! make an allowance for labor to install.
3. Question: The plumbing drawings state to see the civil drawings for the water tienin.
There are no civil plans showing the water tie-in. Please provide.
Answer; There are no civil drawings as per the plans. There is an existing water line
that may be utilized approximately 50' north of the proposed restroom building. In
addition, there is a 6' sanitary sewer line approximately 200' west of the proposed
restroom building. Tie-ins are to be coordinated with the City of Boynton Beach
Engineering Department
4. Question: Could you please tell me the manufacturer of the Prefabricated Metal
Cupola? The plans or specification do not call out a Manufacturer.
Answer: The basis for design for the Cupola is Campbellsvitle Industries, Inc.
Manufacturer is not specified as equals conforming to the design inidicated on the
drawings and the necessaiy engineering documentation will be considered.
- 281 -
LIlI001!OO~
Oij/18/2009 TUE 13: 56 fAX
1.:1]002/004
5. Question: The plans or specification do not callout what size louvers. Could you please
provide?
Answer: The Nominal louver size for the Cupola Louvers is 3'-2"w, x 1 '-g" h,
6. Question: Will we be able to submit approved equal for the hand railing.
Answer: Yes. Equals meeting the design and speclflcalion standards of the specified
material are acceptable.
7. Question; Are you going to provide an irrigation plan?
Answer; There is no irrigation proposed for this project. Plantings shall be watered by
truck or by hand to establishment
8. Question: Is there a detail for the slabs under the shade structures?
Answer; The concrete slab shall conform to the standard sidewalk design detail (P-24)
by the City of Boynton Beach.
9. Question: Plan S,1 notes a T8-1 on the upper portion of the roof plan, however no
description for this could be found. please clarify.
Answer: The "TB-1" designation is a typographical error. Substitute "88"1" for this
designation.
1 O. Question: Is there a manufacturer for the cellJng access door?
Answer: Refer to Specification section 08035, Section 2.1.8 for a list of acceptable
manufacturers.
11. Questlon; Is there a detail or specification for the 4" walls inside the bathrooms
(reinforcing, beams, ete)
Answer: 4" eMU wall reinforcing shall be #4's at 32" a.c., with a vertical bar at the end
of each wall (verticals indicated on plan but not noted). See E-1/A-3 for steel channel to
be Installed at the top of each 4" eMU partition.
12. Question: Are we required to provide fire retardant wood inside the building as noted in
spec see 06100- D-1?
Answer; Fire retardant wood is not required for general use within the building. Provide
wood species as indicated on plans or elsewhere in specifications.
13. Question: Can you confirm that the hardware will be galvanized per 06100- D-l?
Answer: Hardware associated with Rough Carpentry shall be galvanized, unless noted
otherwise, as indicated in specification section 06100.
14. Question: How many shade cloth picnic areas are being instalied, the site plan (LNP-1)
only shows !\.vo. All of the other pages only show two also.
Answer: 2 shade sails structures are being constructed,
15. Question: Please provide a specification for the Urinals, not on plan.
Answer; The Urinal specification shall be: Kohler Model K-4960-ET Bardon, Vitreous
China. Flush Valve: Sloan Model Royal Optima 186-1 ES-$
Any Technical Questions plea$e notify Cristobal Betancourt ilt (561) (i89~1 J 38 or via
E-Mail CBetancourt@millcrlcgg.com
- 282 -
OBI J.S/2009 TUl;: 13: 56 fAX
BID: "BOAT CLUB PARK RENOVATIONS"
BID NUMBER: #065w2730-09/CJD
RESPONDENT MUST SIGN, DATE AND INCLUDE "ACKNOWLEDGEMENT OF
ADDENDUM #1" WITH RESPONSE IN ORDER FOR SUBMITTAL TO BE CONSIDERED
COMPLETE AND ACCEPTABLE.
DuUA- (fiA,JS"f7..v<.n<Jr>! ti~DUP
NAME OF CONTRACTOR/FIRM
~~Jo 'i
DATE
...Ja J.J N f1.; - ;z.4A:..
REPRESENT A TIVE/PRINT NAME
Company Name
Signature
Date
~~~
Carol Doppler, CPPB
Purchasing Agent
/ja
c:
Jody Rivers - Parks
Demandstar, com
- 283 -
1J.I0Q::lf004
SAFETY PR.OGRAM COMPLIANCE
Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference
sru.J/ be given to contractors with an established safety program following O.S.H.A. guidelines,
and documented results establiShing a safe working environment.
1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the dUralion of the
Contract (attach to the back of this fonn).
2. The City reserves the right to conduct periodic safety inspections of the contractor,
subcontractor, employees, agents, etc. throughout the duration of the Contract.
3. The City reserves the right to tenninate the Contract where it is detennined that the
contractor or subcontractor is in non-compliance of the safety tenns, regulations or
requirements established by O.S.H.A. or the State.
.A$ the person authorized to sign the statement, I certify that this firm complies tully with
the above requirements.
THIS PAGE TO &E SUSMITrED ALONG WITH PROPOSAL IN ORDER
FOR BID PA.CKAGE TO BE CONSIDERED COMPLETE. AND A.CCErT MILE
TSA - I
- 284 -
SCHEDULE OF SUBCONTRACTINGIMINORlTY BUSINESS ENTERPRISE (MBElWBE) PARTICIPATION
ARE TO SUBMIT A DETAILED LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTiON OF THIS
FOR ANY REASON.
E: BOATCLUBPAJlKRENOVATIONS
NTRACTOR NAME'
BID # O~S-2730-(l9JCJl)
MI:S: 'I' BUrcK, ~\ HtSP~c, in WOMRN: i4
MlNORlTY
:FJADDRESSJ PHONE OF TYPE OF WORK STAnJS TYPE CERTIFIED DOLLAR %OF
SUBCONTRACTOR TO BE -(see k~ AMOUNT TOTAL
PERFORMED Yes No above) Yes No
0{ - DuJc..r INC.. /../J91.- a -Go I c.. 4. Q 0/0
NI.U l.6 N ~~~ r~,Jf K ~ /01 txlo. do
~J P".. 3 j 4.34-
.,....S-~J.c....
/1/ w 2-10$"'" 7'&,(~. ~/~ ;< ^ 17,,,fJO. O~ ~.o
' ,c,l. :!l~I7"2...
c(:'oL ~., ,,)/ f
5\.l /s,- tJ 4f U<J...l}N~ po( J( I q 00::1.00 tp.o
J&164C) h~, /GL
,.
-
rIDS PAGE TO BE SU8M11TED ALONe WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
SSCIMBE-l
CONFIRMATION OF DRUG-FREE WORKPLACE
\
I
IDENTICAL TIE BIDS
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality, and service are received by the 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 awaitf 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;
I) 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 acti(ll)S that will be taken against employees for violations of such prohibition.
2) Infonn employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining >> drug-free workplace. any available drug COunseling, rehabilitation, and
employee assistance programs. Md 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 (I).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working On the commodities or contnlctuaJ services that are under bid, the employee will
abide by the tenns of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States Or any state, for a violation occurring in the workplace no later than
5 days after such conviction.
5) Impose a sanction Oll, Or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is a.vailable 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 tbe person 8utboriud to sign the statementt I certffy that
the above requirements.
'THIS PAGE TO BE StJBMITfED ALONG W1m PROl"OSAL IN OROER
PACKAGE TO HI!: CONSIDERED COMPLETE AND ACCEPTABLE
DPW-I
with
- 286 -
TRENCH SAFETY ACT
AFFIDA VlT
On October ], 1990, House Bill 3]83, known as the Trench Safety Act became law. This
inCOlJ'Oflltes the OocupationaI Safety & Health Administration (OSHA) revised excavation safety
Sl1Indards, ciwion 29 CFRS.1926.650, as Florida's own standards.
The Proposer, by virtue of his signature below, affinns that he is aware of this. Act, and will
oomply with all applicable trench safety standards. Such assurance shall be legally binding On
all persons employed by the O:mlractQr and his subcontractors.
The proposer is also obligpted to identitY his anticipated method and cost of compliance with the
applicable trench safety standards.
PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE
PROPOSAL AND IN TIlE TOTAL BID PRICE ARE COSTS fOR COJlAPL YING WIlli TIlE
FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A
BREAKOUT OF THE RESPECTIVE ITEMS INVOL VINO TRENCHING AND WILL NOT
BE PAID SEPARATELY. TIIEY ARE NOT TO BE CONFUSED. WI1H BID ITEMS IN THE
SCHEDULE OF PRICES, NOR BE CONSIDERED ADDmONAL WORK.
IN ORDER TO BE CONSIDERED RESPONSIVE, 11-fE PROPOSERS MUST COMPLETE.
1HIS FORM, I.E. IDENTIFY TIlE COSTS AND METHODS SUMMARIZED BELOW, SIGN
AND SUBMIT IT WITH THEIR BID DOCUMENTS.
"COMPLETION REQUIRES PROPOSERS TO FILL IN THE
UNDER TIlE FOLLOWING HEADINGS:
Description
oo.:.Jfl..~1J
Unit
t..~
Quantity
lot')
Unit Price
3 -..l)O
Extended Price
250.0.0
Method
~ JJc>..
THIS PAGE TO BE SUBMITTED ALONG WITH PROI'OS,U.lN ORDER
FOR 810 PACKAGE TO BE CONSIDERED COMl"LE"fl: AND ACCEPTABLE
TSA-)
- 287 -
NQNCOLLUSION AFFIDAVIT 0)' PRIME BIDDER
State of (L-e R.- l 'b A" )
County ocJ.A M~ 'l>Il,.'n h )
DAv Ib ~.e.-(, rJii.."'t.-- , being first duly sworn, deposes and says that:
I) He is 'fP of i5~lOt.- Ca.>-,.n..,)~i:> '~&..;r ,.J:iJC. ,
(fitle) (Name ofCOlporation or Firm)
the bidder that has submitted the attached. bid:
2) He is fully infonned respecting the preparation and contents of the attached bid and of all
pertinent circwnstanres respecting such bid;
3) Said bid is genuine and is not a collusive or sham bid;
4) Further, the said bidder nor any of its officers, ~ owners, agents; representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other bidder, firm or person to submit a
oollusive or sham bid in connection with the COntract for which the attached bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirect.Iy, sought by agooment orcollusioo: orcomnumicatioos or conference with
any other bidder, finn or person to fix the price or prices in the attached bid or of any other
bidder, or to fix any overtiead, profit or cost element of the bid price or the bid price of any other
bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any
advantage against the C.-./''f "" ~N I'ihJ ~Il.l,c-..,L (Local Public Agency) or any person
interested in the proposed Contract; and
5) The price or prices quoted in the attacl1ed bid are filir and proper and ace not taiDttld by any
colllision, conspiracy, connivance or unlawful agreement on the part of the hidder or any ofits
agents, representatives, owners, employees, or parties in interest, incl ding this t
Subscribed and SWO~ to before me
This ~ day of Av J"ZI-r
My commission expires
/,20..Q1
Ar;.~~ ARMANDO J. GOMEZ JR-
,.: r:"t\ CornmlSlllon 00 798785
Explrn June 20,2012
~ . -11IrnT"'Y,",,__7Il1'
TIllS PAGE TO BI!: S MIITED ALONG WITH lHO IN ORnER
FOR rt\CKAGE TO BE co IDERElJ COMPl..ii:TJi: t\ND ACCEPTABLJi:
NCA-I
- 288 -
BlDDERJS SITE INSPECTION CONFIRMATION
)
Check One;
19) NON-MANDA TORY
o MANDATORY
BID TITLE: Crr! 0;:=- /!JO'//V11:JN i3l!4CN BOAr avo 'P4A.K,.
~.evo"4"<ONS
BJDNUMBER; 0&15- 2730- Oit/Cj D
DATE: ej-z.olCJ '7
uaJJN b, Z.ai( ~ Ei<4c:J.J>7Vlr as an authorized representative of:
Print Name and Title of Representative
~u CbrJ.S.17l.<K.S70N ~J" .:z+;~
Print Name of Company
135s N"-l en 7\1.- Q'>Jg Lbt4t-j Pt-. 3:;17'2-
Company Addnlss
(hereinafter called the bidder) located at
and that said
bidder has visited the site of the work and has carefully examined the..plans and specifications for
said project and checked them in detail. before submitting his bid or proposaJ.
OMPANY
J\TIVE NAMED ABOVE
e/ n,/Oj
DATE OF INSPECfION
OWNERJS REPRESENTATIVE
SIGNATURE FOR .MANDATORY ONLY
Utilities Oepar1ment
BSI-l
Rev. ] 2130103
- 289 -
ANTI~KICKBACK AFFIDAVIT
\
,
STATE OF FLORIDA
)
: 55
)
COUN1Y OF PALM BEACH
I, the undersigned hereby duly sworn, depose and say that no portion oftbe swn herein bid will be
paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift,
directly orindircctly by me or any member of my rum or by an officer 0 corp<) '00.
By;
Sworn and subscribed before~
this '1,{) day of b. v c;.1
, 20rfl..-
)
Printed Information:
~AJ.b UAR-(; /A/tl"1..--
NAME
VP
TITLE
bcJ12j(f.(..C8tJ:C.Te..hIW~ ~~vp J:iJc..
COMPANY "
ARMANDOJ. GOMEZJR.
,., CommissiOll DO 798785
.:. Explres June 20, 2012
".' _ThouT....~__7Cj9
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMI'ITEb ALONG WITH PROPOSAL IN ORDER FOR
BID PACl<AGE TO BE CONSIDERED COMPLETE AND ACCEPl'AlILE
AKA-I
- 290 -
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested fonn to be made a part of our files for future use and infonnation. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return this
fonn with your bid proposal sheet making it an official part of your bid response.
Is your company a Minority Owned Business ?
v""
Yes
No
lfYes, please indicate by 1In. ")C' ill the appropriate box;
( ) AMERlCAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(speciM
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES
NO V
If YES, Name the Organization from which this certification was obtained and date:
Issuins Organization for Certification
Date of Certification
mIS PAGE, TO BE SUBMITTED ALONG WITH PROPOSAL
MOB-l
- 291 -
STATE OF FLORIDA
DEPART~ENT OF BUSINESS AND PROFESSIONAL REGULATION
CONS~RUCTION INDUSTRY LICENSING BOARD
1940 NORTa ~ONROE STREE~
~ALLAH~SSEE FL 32399-0783
(850) 487-1395
BURKE CONSTRUCTION GROUP INC
7860 SW 161ST STREET
~IAMl FL 33157
, I
.' ---, -'sTATe-o~ FL~~;~~---" - AC# 3 7 4 2-000
. " DEPARTMENT' OF BUSINESS >>ID
, ,,)7 - PRQl"Ii:SSIONAL REGULATION
Congralulations! With this license you become 011e of the nearly one million
F'loridians licIi'tlsed oy the Oep~rtnwnl of Business <lnd Professional Regul<ltion_
Our prolessionoJls ond businesses range from archiMcts to yaah: brokers, from
boxers 10 barboque restaurants. and they keep Florida's economy strong.
Every day we work to improve fhe way we do business tr1 order to serve you bettl:L
For inlormation about our servic:es. please log onto ww......myflor1dalloonsIi'.com_
Tnere you can find more information about o\.lr divisions <Incline rogul<ltions I hat
impact you, subscnbe to department ncwslollers and learn more aboullhe
Depar1menfs initiatives_
Our rnission :II the Oepar1mcnl if,: license Efficienlly. Regulate Fairly. We
constantly f,trive to serve you bet1er ~o Ihfll yow can serve yo~r customer~_
Thank you for doing bU5ine5~ in Florida, ;3no congr,,;ul<:llions on your new IicenseJ
121360024
04/02/0a 070300e91
QUALIFIED BUSINESS ORG~IZATION
BuRKE CONSTRUCTION GROUP IWC
(NOTA LICENSE '1'0 PERFORM WORK.
ALLOWS COMPANY TO DO BUSINESS IF
IT HAS A LICENSED QUALIFI2R.)
tSQUAt.IFIJltl unO..~ tn. pr<>vioiM. of cn.489, .,
..N;""..d..., AUG_ 31. 2009 .:.oa040Joo160
OETACI-I HERE
AC' 3742009
$T~TE OF FLOR.IDA
,~ . .
- OEiPAltl'MEm 01" ll1jSI~E.9S Aim' PROFESSIONAL !<EGULATION
,,' CONSrRUCTION INDUSTRY'LICENSIN,G 'BOARP .'
..~." -
SEQ# Loe0402001li,o
NBR
I
I
I
I
I
I
! CHARLIE CRIS~
I GOVERNOR
,.,._-, ........-,----------.--.,.-....:...--.-..---
04 02 2008 070300891 B60024
The BUSINESS ORGANIZATION
Named below IS QUALIFIED .
Under the provisions 6fChapter ~~9 ~ST
Expiriltiondate: 1\UG 31. 2009- -,.
('l'HlS,!S.NOTA LICENSE TOPE'R1"ORMliORK.
COMP~Y ~O DO : ElUSINESS ON!.Y', iF, l'!"RAS A
BURKE CONS'l:RUCTION GROU'P tN,C '
78-60 SW,161ST STREET" --'
MlAMI . FL' 33157
THIS AL1.0WS
QtJALIF XER.)
,L .'
DISPLAY ASREOUIRED BY LAW
CHUCK DRAGO
INTE~IM SECRETARY
- 292 -
BeG
BURKE CONS1'RUC'nON GROUP
The Burke Construction Group was founded by Tony Burke and Di;lvid M;;Irtinez in July 2007. The
principals of the firm are the former founders and owners of The Tower Group, Inc. lower Group
was founded by Tony Burke in 1995 and grew to become one of ~Iorida's li;lrgest construction
firms with over 260 employees and 185 million in revenue per year. The Tower Group was
acquired by a large international construction firm In July 2006.
Tower Group specialized in i;l wide i;lrr;;ly of commerci;;ll, educational and residential construction.
Under the direction of Tony Burke and his CFO David Martinez, Tower Group was able to manage
and build over $1.5 billion of high quality and high profile jobs like Parrot Jungle Island (now
Jungle Isli;lnd), City Palms, 5'h & Lennox on South Beach, Clearwater Centre, Midtown Miami, the
Destin Commons Mall in Destln, FL and many others. Tower Group also flourished in Jacksonvllle
by building twelve schools in several different counties.
Although Burke Construction Group is a newly formed company. it is headed-up by over 26 years
of experience in ret;;!il, commercial, educi;ltional, municipal, industrial, and special projects
construction. If you can dream it... we can build it.
The following pages show examples of buildings rni;lnaged & constructed by the Tower Group Inc.
under the direction of Tony Burke and David Martinez while principals of the firm.
1355 N.W. 97T" AVENUE. DORAL. FLORIDA 33172 · PH 305-468-6604. FAX:l05-468-6654
- 293 -
BeG
EURKE CONSTRUCTION GROUP
REFERENCES
FINA.NCIAL:
North~rn Trust Ba nk
8600 NW 1 ih Street
Miami, Florida 33126-1034
PH: 305-591-1800
Contact: Scott Hertzog
INSURANCE:
Collinsworth, Alter, Fowler
Dowling & French
5803 NW 151 St,/ 3'd Floor
Miami Lakes, Florida 33014
PH: 305-822-7800
ContOlct: Dick French
BONO AGENf:
Nielson & Company, Inc.
8000 Governors Square Blvd., Suite 101
Miami Lakes, Florida 33016
PH: 305-722-2663
Contact: David Hoover
~
Elder & Lewis
Bayview Executive Plaza
3225 Aviation Avenue, Suite 301
Coconut Grove, Florida 33133
PH: 305-314-5155
Contract: D<lvid Elder
1355 N.W. 97T" AVENUE. DORAL. FLORIDA 33172. PH 305-468.6604. FAX 305-468-6654
- 294 -
Burke Construction Group, Inc,
Contracts On Hand
August 20, 2009
Doral Anim<ll Centre
$400,000
WCS Classroom Building
$1,400,000
Tunnel lOp Park
$300,000
- 295 -
STATE OF FLORIDA
DEPARTME~T OF aOS1NESS AND P~OFESSION~~ REGULATION
. CONSTRUCTION INDUSTRY LICENS!NG aO~RD
. 1940 NORTH MONROE STREET
~,~ TALLAHASSEE FL 32399-0783
(850} 487~139S
BURKE, ANTHONY JOHN JR
EuRKE CONstRtrCT10N GROUP lNC
6730 ROYAL PALM DRIVE
MIAMI FL 33157
Congratulations! With this license you become one of the nearly one million
Floridians licem,~d by the Dep"r1menl 01 Business and Profession,,1 ~egulation.
Our professionals and businesses range from archltects \0 yacht brokers, from
boxers to barbeqLJe restaurants. and mey keep Florida's economy strong,
Every day we work to improve the way we do business in order to serve you better.
For information about OUr services. please log 0010 www.myfloridalicense.com.
There you can find more information about our divisions and the regulations thai
impllct you, subscribe to depar1m\;ml neWSletlers and learn more about tile
Departmanl's initiatives.
Our mission <II the Dep"'rtmenl is; License Efficienlly. Regulate Fairly_ We
conslanlly sttive to serve you beller so that 'lOll can serve 'lour OUS10mers..
Tllank you for doing business ',n Florida. anu oon;lratlllalions on your naw license!
$TJl n; OF Fl.QRlllA ACI 3 9 6 5 3 5 !
DEPARTMENT OF BUSI~SS AND
PROFRSSIO~Au REGqLAttON
CGCA3.a303
. 09/01./08 07U73535
C~TI~Leo G8K~RAL. CONT~~R
_ BORKE, AIrtHOmr:.JQHNJR..
l:lTJUE CONS'1'llucTnJN GROUP INe:
lS Clii:R:rl:Fl:t:O .."s;.~ ~h<o p~"..i01"'" of 0:'1>:489 Fa
...ptr...... ....., AI1G 31, 2010 LOeQ'O~OO~~)
DETACH HERE
AC# 3965355
STA1E'-oFFLORlo'A
. .. ..>" ", ': ", ", .
Dl:PARTMENTOllBtrBrNESS:MiD PRoFEisrON"hL :9.1OO\1LATION
__ coNsrRu~::I:ON. l.N01}::>TRY lole MSINO :BOARD SEQ'LOB-og01:00253
LIC8NS-E-JlBR
BURKE, ANTHONY .JOHlil JR .:
BURKE CONST~U'C1'IO>> GROUl!";J;~C....,
7S60._SW 161Sl'REET
MIAMI FL 33157
1'1..,.
n,'" "
Cltll.-RLIE ClUS')'
GOVERNOR
CHARLES W. DRAGO
SECRETARY
, DISPLAY AS REqUIRED BY LAW
- 296 -
BID BOND
STATE OF FLORIDA
COUNTY OF PALM BEACH
)
)
KNOW ALL MEN BYUIESE PRESENTS, that~ CONSTRlICIION GROUP, INC.
as ,P1lllcipaL and THE HANOVER INSURANCE COMFANY
-> as Surely, authorized to do
business in the Sta!c of Florida arc held and filmly bound wtto the Owner, City of Boyr.ton Beach in
the penal sum of Fl'lC P"'l"cpn1c. of R1d "l"Op.QJl~l Snbmitt~d _____----~_----n------_"- Dollars
($ 5% ___mm_) lawful money of the United States, for the payment of which swtl!willand truly to
be made, 'we bond ourselves, oW" heirs, executors, administrators, and successors, jointly and
sevemlly, fumlybythese presents.
TIrn CQNDffiON OF nus OBLlGA11QN IS SUCH, that whereas me Principal has
submitted the accompanying bid, dated
Auj.,'US t 10,
, 2o..~ for:
BOAT CLUB PARKRENOV ATIONS
NOW 1HEREFORE,
A. If the principal shall not withdraw said Bid within ninety (90) days after date of opening
of the same, and shall within ten (l0) days after !he prescribed forms are presenft.';d to
him for signat~ enter. into a' written Ctmtract with the Owner in accordance with the
Bid l'\S &:cepted, and give bonds with goods and sufficient surely or sureties, as may be
required, for the faithful perfonnance and proper fulfillment of such O:JI1tract, then the
above obligations shall be void and of no effect, otherwise to remain in full force IU)d
effect.
ala - 1
- 297 -
B. In the event of the withdrawal of said Bid within the period specified, or the fuilure to
enter into sueh Contract and give such bonds within the time specified, if the principal
shall pay the Owner the difference between the amount specified in snid Bid and the
amount for which the Owner may procure the required work and suppLies, if the latter
amount be in excess of the former then the above obligations shall be void and of no
effect, otherwise to remain in :full force and effect.
C. This bond is given to comply with Section 255.05 Flodda Statutes, and any action
instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05(2), Florida Statutes.
IN WITNESS WHEREOF, the above bounded partit':S have executed this instrument under
their se~eral seals. this: 10th day of August, 2009 . being heroto affixed and these
presents duly signed by its undersigned representative, pursuant to authority of is goveming body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(IfCoxporation, Seere1aty only will attest and affix seal).
PRlNCIPAL:
BURKE CONSTRUCTl:ON GRQUP, me.
Name afFirm
\
VP
Title
1355 N.W. 97th Avenue, Suite 200
Business Address
DO-u.l, Florida 33172
City and State
arB - 2
- 298 -
SURETY:
THE HANOVER INSURANCE COMPANY
Corponl1e Surety
WITNESS:
'-.
~
- 299 -
A_W- S<ll!) O~,'"
t:1'lli'Ia-.-~e'S.. Xgen
440 Li.ncoln S::.reet
Business Address
Worcester, MA 01653
City State
Nielson, Alter.~ ~ssoci~tes
Name of Local Insurance Agency
BIB - 3
....L_..
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, JJAJ \'"9 M.~~ \1 ~~ , certify that I am the Secretary oftbe Corporation nam<XI as
Principal in the within bo~d; that ))AVI.'b-:. MMT /~who signed the said Bid Bond on
behalf of the Principal, was then Y f' of said Corporation; that ( know his
signature, and his signa.tJJre hereto isgenuino; and that said
was duly signed, sealed, and
attested for and in behalf of said Corporatio
(corporate seal)
STATE OF FlORIDA
COUNlY OF PALM BEACH
Before me, a Notary Public duly commissioned, qualified and acting, personally appeared
Charles J. Nielson
to me well known, who being by me first duly sworn upon oath, says
that he is the Attomcy~in-Fact, for the The Hanover Il'i$Urance Company
and that he has been
authorized by its President
to execute the furegoing bond on behalf of the
Contractor named therein in favor for the Owner, the City of Boynton Beach.
11i; OLGA L IGLESIAS
MY CO\lMISStON # DD51~180
\arl\.~ F;XPIf(ES, May 21.2010
(4(l7) ~~'{)1" FI~I1.e'1 NoWiy 6~c-a,<:.;]1t'I
~
BIB - 4
- 300 -
- 301 -
'"'~~~.
"".~
1
i
This Power' of Attorne m3 not be used to execute an bond with an ince tlon date after June 1,2010
THE HANOVER INSURAJlJCI': eOMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COpy
KNOW ALL M~N BY "fHESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,
both being COrpQrations organized and existing under the laws of thiil State of New Hampshire, and CITIZENS INSURANCE CCMPANY Of'
AMERICA, a corporation organiziild and existing under thlllaws of Ihiil Stale of Michigan, do hereby constituliil and appoint
Charles J. Nielson, David R, Hoover, Charles David Nielson, Warren Mitchell Altar and/or Joseph P. Nielson
01 Miami Lakes, FL and each is a true and lawful Attorney(s)-in.fact to sign, execute, seal, acknowledge and deli'ier for, and on its behalf,
and as its act and d~d any place within the United States, or, if the following line be filled in, only within the area therein designated
any and all bonds. rllcogniUlnces, undertakings, contracts of Indemnity or other writings obligatory in the nature tl\ereof, as follows:
Any such obligations in the United Statas, not to exceed Ten Million and No/100 ($10.000,0001 In any single instance
and said companies hereby ratily and confirm all and whatsoever said Atlorney(s).in-fac\ may lawfully do in the premises by vlnue of lhese presents.
These appointments are made under and by aulhorlty of the followl~g Resolution passed by the Board of OireClors of said Companies which
reSOlutions are still in effect:
"RESOLVED. That lhe President or any Vj~e President, in conjunction with any Auistant Vice Presldent. be ami lhey <<ra hereby aumorlzed aM
empowered to appoint Anomeys.ln.tact 01 the Company, in its name and as Its acts, to execute and <<cknowledge !Of and on it~ I;>ehalf.. sorety any aM
oil bOnd~, recognizance., contract. ollndamnlly. waivers 01 citation and .11 other wrltlllgs obligatory in lho nature tMreot, wllh power to oHa(:li thoroto the
seal of the Company. An~ o!JOh wrilingo 00 executed by ouch AlIorneys.in.la"t shall be as bloolng upon the Company as If mey had been duly executed
end acknowledged by the regularly elected officers at the Company in their own proper persons." (Adoptell October 7, 1991 - Tho Hanover Insurance
Compeny; Adopted April 14, 1962 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 . Clllzens Insurance Company or Ame~c8)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANC~ COMPANY OF AMERICA have caused these presents to be sealed wilh their respective corporate seals, duly attesled by a Vice
President and an Assislant Vice President, this 29th day of May, 2008.
G
THE COMMONWEALTH OF MASSACHUSETTS )
COUN"fY OF WORCESTER ) ss.
On this 29th d.y of May 2008, betore me carne lh~ abov~ named Vice Presid..nl and Assistant Vice President of The Hanover Insurance Company,
Massachusetts Bay Insur"nr;ll Company and Citizens Ins~rance Company of America, to me personally known to be the individuals and officers
deSCribed herein, and acknowledged that the seals affixed to the preceding instrument are the corporate Seals of The Hanover Insurance Company
Massachusetts eay Insurance Company and Citi~ens Insurance Company of America, respectively, and that the said corporate seals and their
signatures as oflir;llrs were duly affixed and subscribed 10 said Instrument by the authority and direction of said Corporations.
><?41.k~J2 ~/~
M>Wy Public
My commissiOn expires on Novamber 3, 2.011
I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay losurancl!I Company and Citizens Insurance
Company Of America, hereby certify that the above and foregoing is a 'full, true and correct oopy of the Original power of Allorney issuec:l by said
Companies, and do hereby funher certify that the said Powers of Attorney are still in foroe and effect
This Certificate may be signed by facshnile under and by authority of the following resolution of the Board of Direotors Of The Hanover Insurance
Company. MaSsachusetts Bay Insurance Company and Citi~enslnsurance Company ot America.
"RESOLVED, Thal eny end all POwer" 01 Attorney aM Ceftlfiea Copies 01 sucn Powers of Attorney and oertif<c;atiOn in 'espect therelo, granted aM
exeCuled by the president or anyVioe Pre$idenl in oontuncllon With any Assistant Vice President of tha Company, sh<<1I be binding on the Comeany to the
~eme e~enl ~s If all sl~natures therein were manuolty affixed. ev<>n Ihougl1 one or more or any such slgna,",ee thareon may be racslmile. (Adopted
OClOMr 7, 1661 . 1M HaMver Insurance Company; Adopted April 14, 1982 Massachusetts Bay In.urance COmpany; Adopted Seplember 7, 2001 -
Cilizen; InGuranM COmpany Of America)
GIVEN un~er my hand and the seals of said Companies. at WorCl;>Ster, Massacl1usetts, this
20.@ .1
1Q1!l
day of
~
- 302 -
STATEMENT OF BIDDER'S QUALIFICATIONS
)
Each Contractor bidding on work included in these General Documents shall prepare and submit
the data requested in the fOllowing schedule ofinfonnation.
This data must be included iri and made part of each bid document. Failure to comply with this
instruction may be regarded asjustification for rejecting the Contractor's proposal.
'" altnch additional sheets giving the infonnation
1. Name of Bidder: -.BJt:K~ C O}l$T~c.---r,"'w eM oj F' ,.:t..'.lC-.
2. Business Address: /35'.5' d w Cf? -6.-{W.f...
SV I-(q.... ~s 0
'-u0~"""l.--, rl-- . '3.31 ry Y'
3.
When Organized:
.:::r VL,/ ... 290'7 .
~L.O~ll::>'"
4.
Where Incorporated;
5.
How many years have you been engaged in the contracting business under the present
linn name? 7.-
)
6. General character of work perfonned by your company.
(')lltJlUtJlL C'.JT"lI!..,,""c...-T~~ . S'i,,, A-~#r-t..t-fll.;::'
7. Enclose evidence of possession of required licenses and/or bllSiness pennits. seE- .4-"'jfi\<.~U:.
8.
Number of employees.
q
9.
10.
Bonding capacity.
Background and experience of principal members of your personnel, including officers. ... S-E"R- ~M.e~
,A <.30~
11.
Have you ever defaulted on a contract? If so, where and why?*
pJO
TIHS PAGE MUS1' bE SUJJMllTElJ ALONG WITH PROPOSAL
SBQ~1
- 303 -
STATEMENT OF BtOOEj{'S QUALIFICATIONS coutiuued......
12. Experience in performance:
Project
W(M~ItJ4J..ff, C \o41Z.\S,N;.) ~j\"Ul
e.~ ~-r,,~.\J,^
fVlltTRc l.. FI[. C- ~~ C.11
:fUtJ6.\.li.. 2s.l-~~
/+el"( 'Tv IJ CI: ~1t~il>ooIl4tX
$ Value
"3,S'N\
. ~ I.SNt
.Q S3. ~ I-A.
... 0/ en)(
Contact Name
Cw..o~... ::ro~9t-,)
~V'1t. A-Lt:.i.s I
~, e.tR:# fA-v I tJlf.
LEu I~ A-&.~D
13. Contracts on hand. '"
L4. Largest completed projects (include final cost).
1)
2)
3)
Phone #
~JU:3-~:5 ~
@O~) '2-J"f-7!Iff
~ 2ot..-3J<f1
(J 51{) 1 -;;.1-'!sl,,,..
V tJbER C~"yr
r: 1.tt.-lo\A Ii\; iAA.1L
15. List all lawsuits (design and/or constmction related) or arbjtnUiOJl$. to which yau have
been a party and which: '"
I)
arose from construction projects: * s-
""""""" _in the lost 4 """". ~ 0 t-l
provide case number and style: *
2)
3)
Dated at:
this . '-0 day of
20tl'1
By:
Title: V P
IID'.OSl.J(l,1)3 THIS PAGE MUST ,Bl'; SUBMITTED ALONG WITH PROPOSAL
SBQ-2
- 304 -
Bid Proposal continued....
\
I
The undersigned bidder agrees to COmmence work within ten (10) calendar days after the date of
the "Notice to Proceed" and shaU achieve Substantial Completion without interruption within
_ calendar days thereafter.
-L OriginaL and two (2) copies of bid submitted.
--1L Attached is a computer generated horizontal bar chart showing proposed schedule of
work.
L Schedule of Subcontractors submitted.
--L Site Inspection Fonn submitted.
~ Evidence of possession ofmruired licenses and/or business permits submitted.
The undersigned bidder hereby represents that he has carefully examined the drawings and the
Contract including all Contract documentS and will execute the Contract and perform all its
items, covenantS and conditions, all in exact compliance with the requirements of the
specifications and dmwings.
The bidder, by and through the submission of his Bid, agrees that he has examined and that he
shall be held responsible for having theretofore CJI:all1ined himsclfas to the character of the route,
the location, surface and underground obstructions, the nature of the ground water table,
conditions and all other physical characteristics of the work, in order that he may thereby provide
for the satisfactory comptetionthereot; including the removal, relocation or replacement of any
objects or obstructions which will be encountered in doing the proposed work.
The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the
event bidder contests the award of this project to another bidder, that the bidder damages, if any,
are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for
other damages coming from the City's failure to award the project bidder.
TIfIS PAGE TO BE SUBMITI'ED IN ORDER FOR PACKAGE
TO BE CONSroJtRED COMPLETE AND ACCEl>TAlILE
BP-l
- 305 -
Bid Proposal continued....
Dare ~I ~ I "'1
B0R(t~ Ce~Wc."(lll~ b;a,,"~p ::tAlC.
(Name of bidder, Corporation, Finn Or Individ~l)
~ if( 1"0 4 Ai<: II we;. 't-
Printed Name
Vp
Title
@oS.) 'liP "8" ,(qUeJ';
Telepbane Number
Florida Contractor's License Number C&rc A 't)8 olYl
nus rAGE TO BE SUBMITl1i:D IN ORD&R fOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
8P-2
- 306 -
6. G
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Proposed Resolution No. R09-150 --Approve the award of
the ANNUAL SUPPLY OF POL YPHOSPHATE lYPE CORROSION INHIBITORS" Bid #052-2821-
09/JA, to Shannon Chemical Corporation, of Malvem, Pa. for an estimated annual expenditure of $
52,990.
EXPLANATION OF REQUEST: Polyphosphate corrosion inhibitors are used at both water treatment
plants to stabilize the water in the distribution system. These products are not generic in nature
and are specifically formulated for each individual treatment plant.
On June 23, 2009, Procurement Services opened and tabulated six (6) bid responses. The
two best responses to the bid with the anticipated annual costs are ARR-MAZ ($51,920) and
Shannon Chemical Corporation ($52,990).
However, the ARR-MAZ product has a low recommended dosage, which is at odds with the
other submitted dosages and the City's previous experience. On July 15, 2009, ARR-MAZ
performed jar testing of the raw water at the West Water Treatment Plant and declared that the
results backed the recommended dosages. The Utilities Department was not satisfied with the
dosage rates. A thirty (30) day supply was requested for real-time application and data
acquisition. However, the result of this real time application and data acquisition would cost the
City an additional $2,105 according to the attached quote from ARR-MAZ. This would bring
their cost to $54,025, therefore making Shannon Chemical Corporation the low bidder.
The Utilities Department recommends awarding this bid to Shannon Chemical Corporation.
They have provided a good product and good service in the past. In addition, their product has
proven itself through jar testing and plant usage.
CONTRACT PERIOD: October 21, 2009 to October 20, 2010
- 307 -
PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for corrosion inhibitor for
each of the City's two (2) water treatment plants. The corrosion inhibitor shall stabilize
carbonates and hold copper, lead and iron from entering into the system pipes, joints, etc. The
firm price shall be determined in price per million gallons and unit price for one (1) year supply
of corrosion inhibitor at each facility.
The provision of this bid allows for a one year extension at the same terms, conditions and
prices subject to vendor acceptance, satisfactory performances and determination that the
renewal is in the best interest of the City.
FISCAL IMPACT: ACCOUNT NUMBER#
401-2811-536-5235
ESTIMATED ANNUAL EXPENDITURE
$52,990
Last Year's Expenditure: $57,000
ALTERNATIVES: None since the water would be unsatisfactory to drink unless we purchase
polyphosphate type corrosion inhibitors.
- 308 -
Memorandum
Utilities # 09-130
To:
From:
Carol Doppler
Procurement Services J2;
Kofi Boateng V A"" ~ -i
UlIItlles Director 1\1i,} , - ~/'
September 14, 2009
Date:
Subject:
Polyphosphate Corrosion Inhibitor
Bid Number 052~2821-09/JA
Polyphosphate corrosion inhibitor is used at both water treatment plants for
stabilizing the water in the distribution system. These products are not generic in
nature and are specifically formulated for each individual water treatment plant.
The current bid with the Nalco Company to purchase these products has expired
and can no longer be extended.
The two best candidates for the polyphosphate bid are ARR-MAZ products and
Shannon Chemical Corporation as the anticipated total annual costs are
$51,920.75 and $52,990.70 respectively. The ARR-MAZ product has a low
recommended dosage which is at odds with the other submitted dosages and our
own experience. On July 15, 2009 ARR-MAZ performed jar testing of the raw
water at the West Water Treatment Plant and declared that the results backed
the recommended dosages. Since we were still uncomfortable with the dosage
rates a 30-day supply was requested for real-time application and data
acquisition. However, the 3D-day supply would cost the City an additional
$2105.05. This would bring their cost to $54,025.80 thereby making their bid
higher than Shannon Corporation's.
We recommend awarding the polyphosphate corrosion inhibitor bid to Shannon
Corporation for both the East and West Water Treatment Plants. The East plant
will use dry polyphosphate in fifty-pound bags for their chemical feeder. The
West water plant will use liquid polyphosphate delivered in fifty-five gallon drum
containers.
We have had excellent service with Shannon Corporation in the past and their
products have worked as expected.
.'.
- 309 -
Please place this item on the next city commission agenda to approve the bid for
$55,000 dollars for pOlyphosphate to Shannon Corporation. These funds are
avaIlable in account number 401-2811-536-5235.
If you have any questions, please contact Bevis Pigott at 742-6420 or Dave
Ailstock at 742-6953.
Attachments
bec: Dave Ailstock
xc: Bevis PIgott
Barbara Conroy
Melvin Pinkney
File
-310-
~UW~~T,MOST RESPONSIVE, RESPONSIBLE BIDDER WHO MET ALLSPEC~FlCATIONS*****~
~~~
> f'-1 ..
. CPPB. Purchasing Agent
UPPL Y OF POL YPHOSPHATE TYPE CORROSION INHIBITORS
Bevis Pigott,Divisions Manager,
Water Quality & Treatment
utilities Department
3 DA TE:JUNE 23, 2009
3 TIME: 2:30 P.M.
21-09/JA
.Offers from !he .endors listed herein ara the ooly off", s
recel.ed timely as or the atx)";" recel>'ing oore and lime.
All other offers submitteo:l in res""nse to this solicita'ion,
if any. are hereby rejected as lale"
'-t:: 'IE 4. "* 4t- *- ..;. :i4
NALCO COMPANY SHANNON CHEMICAL CORPORATION STERLING WATER TECHNOLOGIES LLC
1601 W. DIEHL RD P.O. BOX 376 P.O. BOX 602
NAPERVILlE, ~L 60563 MALVERN. PA 19355 COLUMBIA, TN 38402-0502
PH: 630-305-2177 PH: 610-363-9090 PH: 931-540-1334
FAX: 530-305-2990 FAX: 610-524-6050 FAX: 931-54D-1338
CONTACT: PATRICK ST. JULES CONTACT: DANIEL C. FLYNN CONTACT: JOHN C. MAlR
oQSE FOR OPTIMUM
mOL & SEQUE.STRATbON 1.5 1 1.3
NEIGHT PER MILLION
HEATED WATER 12.5 8.33 10.85
:R MILLION GALLONS
$19.25 $1108 $15.95
: (BASED ON 6 MGD)
$42,157.50 $24,265.20 $34,930.50
,ND
73194 SNC TYPE N2 CP 59D
tOSE FOR OP,IMUM
mOL & SEQUESTAA ,ION 1 1.25 1.15
NEIGHT PER MILLION
-REATED WATER 13 LEFT BLANK 135
oR MILLION GALLONS
$9.49 $9.84 $10.37
: (BASED ON 8 MGD)
$27,710.80 $28,725)}0 $30,280.40
\ND
7390 Sll-5225 CP 837
POLYPHOSPATE TYPE CORROSION INHIBITORS 09
,f
iUPPL Y OF POL YPHOSPHATE TYPE CORROSION INHIBITORS
G DATE:JUNE 23, 2009
G TIME: 2:30 P.M.
i21-09/JA
"Offers rrOOllhe venoors hs1.e<l herein are tile on~ offers
rece"'ed timely ~s of he above receiving dale ,md lime.
All <)1hef offers submi~ed in resp:lnse to this solid~aoon,
if any, are hereby rej€ded as lo~e'
NALCO COMPANY SHANNON CHEMICAL CORPORATION STERLING WATER TECHNOLOGIES LlC
1601 W. DIEHL RD P.O. BOX 376 P.O. BOX 602
NAPERVILLE, IL 60563 MALVERN. PA 19355 COLUMBIA, TN 38402-0602
PH; 630-305-2177 PH: 610-36J.-9090 PH; 931-540-1334
FAX; 630-305--2990 FAX: 610-524-6050 FAX: 931-540-1338
,YS FOR OEUVERY
FOURTEEN TEN SEVEN TO TEN
IDS SUBMITTED
ONE ONE ONE
N .CHECK OFF" SHEETS
iMITTED YES YES YES
<'1POSITION SHEETS
YES YES YES
.PU::S SUBMITTED
UPON REQUEST NO YES
OR FIVE LIME SOFTENING
MlTTED FOR WORK DONE YES YES YES
VE YEARS
FOR FIVE MEMBRANE
I,CI LIT I ES SUBMITTED YES YES YES
FERENCE OPERATES
;H LIME AND MEMBRANE YES YES YES
R IS BlEN OED
KAfFIDAVIT SUBMITTED
YES YES YES
OF AMINORITY OWNED
~ITTED YES/NOT A YES/NOT A YES/NOT A
MINOR~11' OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS
POL YPHOSPATE TYPE CORROSrON lNHrBITORS 09
UPPl Y OF POL YPHOSPHATE TYPE CORROSION INHIBITORS
G DATE:JUNE 23,2009
G TIME: 2:30 P.M.
21-09/JA
'Offers from the vendors Ii. red herei~ are the on:y offers
(l!08ived timely as of the aoo_e (l!08i>'ing date afi~ Ume.
An other offers submitted ., response to tl1is S<llicitatict"1,
if any. a'e hereby rejeded as 13le"
NAlCO COMPANY SHANNON CHEMICAL CORPORATION STERLING WATER TECHNOLOGIES LlC
1501 W. DIEHL RD P.O. BOX 376 P.O. BOX 602
NAPERVllLE,lL 60563 MALVERN, PA 19355 COLUMBIA, TN 38402-0602
PH: 630-305-2177 PH: 610-363-0090 PH: 931-540-1334
FAX: 630-305-299Q FAX~ 610-524-6050 FAX: 931-540-1338
N OF A Dl''lUG-FREE
;UBMITTED YES YES YES
POL YPHOSPATE TYPE COR ROStON INHIBITORS 09
,UPPLY OF POLYPHOSPHATE TYPE CORROSION IN~BITORS
G DATE:JUNE 23, 2009
G TIME: 2:30 P.M.
21-09/JA
"Qffers from (he 'enclo<S listB<! herein are lhe only oII..s
received timely as al the above ,ecer,.ing date and time.
All other mfers submtted in res;o1se to lIlis solicilation.
il arljl, are hereb)' ,,,,'roed as late"
AMERICAN WATER CHEMICALS. INC.
9203-A KING PALM ORlVE
TAMPA, Fl 33619
PH: 813-246-5448
FAX: 813.623-6678
CONTACT: TAREK H-SHAFIl:
ARR-MAZ PRODUCTS, LP.
4800 STATE ROAD 60 EAST
MULBERRY, Fl 33860
PH: 863-578-1345
FAX: 863-425-4014
CONTACT: DAVID J. BRAKKE
CARUS CORPORATION
181 WOODLAWN AVE.
BELMONT. N.C. 28012
PH: 704-822-1441
FAX: 704-822-0922
CONTACT: CRAIG P. PRINClPI
OSE FOR OPTIMUM
mOL & SEQUESTRATION 0.5 0.9
NEIGHT PER MILLION
HEATED WATER 4.17 7.497
:R MILLION GALLONS
$6.05 $11.40
: (BASED ON 6 MGD)
$13.249.77 S24.9lJ9.15
.ND SODIUM HEXAMETAPHOSPHATE
AWCA-792 AST10053
OSE FOR OPTIMUM
rROL & SEQUESTRATION 1.42 0.72
NEIGHT PER MIL110N
REATEDWATER 16,70 8.33
;R MILLION GALLONS
$15.36 $9.23
: (BASED ON 8 MGD)
$44.862.88 $26,951.60
lND
AWC A-751 STERLING - CP 721
1.5
12.5
$17.75
$38.872.50
CARUS 8150
1.24
14.1
$11.14
S32,528.80
CARUS 8100
POL YPHOSPHATE TYPE
CORROSION INHIBITORS 09
UPPL Y OF POL YPHOSPHATE TYPE CORROSION INHIBITORS
3 DATEJUNE 23,2009
3 TtME: 2:30 P.M.
21-D9fJA
'Offers From Ihe ""ooors listed herel.. are Ihe only offers
receiyed timely as 01 the atJove receiving date and tiere.
All other offers submitted ,n resp::lnse to this solidlation,
~ any. are hereby rejected as lale'
AMERICAN WATER CHEMICALS, INC. ARR-MAZ PRODUCTS, LP. CARUS CORPORAT[ON
9203- A KING PALM DRIVE 4800 STATE ROAD 60 EAST 181 WOODLAWN AVE.
TAMPA, FL 33619 MULBERRY, FL 33860 BELMONT, N.C. 28012
PH: 813-246-5448 PH: 853-578-1345 PH: 704-822-1441
FAX: 813-623-13678 FAX: 863-425-4014 FJ0(:704-822-0922
YS FOR DELIVERY
THREE TO FIVE "TEN TO 1WELVE FIVE TO SEVEN
OS SUBMITTED
ONE ONE ONE
"'"CHECK OFF" SHEETS
MITTED YES YES YES
~POSlTION SHEETS
YES YES YES
IPLES SUBMITTED
UPON REQUEST UPON REQUEST UPON REQUEST
)R FiVE LIME SOFTENING
~ ITIED YES/ONE YES YES
FOR FIVE MEMBRANE
lCILlTIES SUBMITTED YES/FOUR YES YES
FERENCE OPERATES
~" LIME AND MEMBRANE YES "NO YES
~ IS BLENDED
KAFFIDAVIT SUBMITTED
YES YES YES
OF A MINORITYOWNEO
11TTED YES/NOT A YESfNOT A YESfNOTA
MINORITY OWNED BUS1NESS MINORITY OWNED BUSINESS MINORilY OWNED BUSINESS
N OF A DRUG-FREE
lUBMITTEO YES YES YES
POLYPHOSPHATE TYPE
CORROSION INHIBITORS 09
UPPL Y OF POL YPHOSPHATE TYPE CORROSION INHIBITORS
3. DATE:JUNE 23, 2009
:3 TIME: 2:30 P.M.
21-09/JA
"Dffers from the vendors lisje.:j t>erein are the only offers
recei>led timely as of the ~bove reoeiving date and litre.
All other offers submitted in response to this solicilatioo,
if <lny, <lre tlereby rejecled as tale"
AMERICAN WATER CHEM[CALS, INC. ARR-MAZ PRODUCTS, LP. CARUS CORPORATION
9203- A KING PALM DRIVE 4800 STATE ROAD 60 EAST 181 WOODLAWN AVE.
TAMPA. FL 33619 MULBERRY, FL 33860 BELMONT, N,C. 28012
PH: 813-246-5448 PH: 863-578-1345 PH: 704-822-1441
FAX: 813-623-6678 FAX: 863-425-4014 FAX: 704-822-0922
. 3 DAYS AFTER FIRST ORDER
- SEE ATTACHED LETTER
POL YPHOSPHATE TYPE
CORROSION iNHIBITORS 09
SPECIFICATIONS
FOR
ANNUAL SUPPLY OF
POLYPgOSPHATE TYPE CORROSION INHIBITORS
The City of Boynton Beach Utilities Department is seeking a firm price for corrosion
control chemicals to be used at the two (2) existing water treatment plants. The price of the
proposed product(s) will be submitted on both a unit price basis (cost per gallon or pound)
and also as a guaranteed priee per miUion gallons of treated water. The term for this
contract is for (1) year. The City has two water treatment plants. The East Plant is a lime
softening plant with an average flow of six (6) million gallons per day; and the West Plant is
a membrane softening plant whieh produces an average of eight (8) million gallons per day.
Both plants feed water into a common distribution network. The City is seeking one
supplier to furnish the appropriate chemicals and to provide service to maintain full
corrosion control services.
Please place an (x) on the blank line next to each item if a specification is met. If exception is
taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit
specifications "check-off' sheets (Pages 3 -6) with the proposal sheet in order for a bid to be
considered. For your own records, it is suggested that you make and keep a copy of the
specifications.
~ There shall be two (2) products. One product shaH be used at the lime softening
plant. The other shall be for use at the membrane softening plant. The Bidder
must provide a recommended product dosage for each facility for evaluation by
the City.
~ The phosphate inhibitor for the lime softening water treatment shall be suitable for
the following water quality :
Parameter Finished Water
oH: 9.0
Alkalinity: 34ml!/L as CaC03
Total Hardness: Slmvl, as CaC03
Calcium Hardness: 76mllfL as CaC03
Magnesiwn Hardness: 5m-;;L as CaC03
Iron: <0.02 mWL
Color: 8
Chlorine as Ch: 3.7
Turbiditv: 0.20 NTU
3
THIS PAGE TO BE SUBMITTED ALONG WITH PROf'OSAL iN OlW.ER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
-317-
Bid Spedfications Continlled.......
x Must provide a minimum of 0.2 mg/L of orthophosphate (as phosphate) at the
reconunended dosage.
x The phosphate inhibitor for the membrane softened water shall be suitable for the
follovving water quality:
Parameter
Penneate
5.76
37 m !L as CaC03
51 m as CaC03
49 ill as CaC03
2.4 m IL as CaC03
< 0.02 m
<2
o
0.05 NTU
H:
Alkalinit :
Total Hardness:
Calcium Harduess:
Ma esium Hardness:
Iron:
Color:
CWorine as Cb:
Turbidi :
X It shall be the responsibility of the supplier to independently gather water samples
from the water treatment plants to verify the existing water quality.
~ Dry polyphosphate shall be used at the East Lime Softening WTP and shall be
shipped in 40 or 50 pound multi-walled bags with no more than 1,250 lbs. of
product per pallet.
~ This material will be delivered to: 1620 S. Seacrest Boulevard, BO)11ton Beach,
FL 33435.
----1L- The dry polyphosphate shall be delivered in containers that maintain the granular
form of the bulk shil'ment during storage.
-X....- The dry polyphosphate shall dissolve completely into solution during product
make-up.
~ The dry polyphosphate shall be suitable for use as a minimum 52% solution and
the required feed rate shall not exceed 6.0 gallons per hour of 52% solution,
----X.....- Liquid zinc orthophosphate shall be used at the West Membrane Softening WTP
and shall be shipped in 50-60 gallon drums.
~ Delivery Address: 5469 West Boynton Beach Boulevard, BO)11ton Beach, FL
33437.
~ The liquid product maximum feed rate shall not exceed 6.34 gallons per hour of
product.
4
-318-
Bid Spccificatinns Continued.......
~ Each product shall control the corrosion rate at the vendors recommended dosage
so as not to exceed corrosion rate detenruned with the current product by more
than 10%.
x The corrosion rate at the recommended product dosage will be measured in mils
per year in accordance with ASTM G59.
x The supplier shall provide a list of references for five (5) similar lime softening
water treatment facilities and five (5) similar membrane softening facilities that
their company is either currently doing work for or has done work for within the
last five (5) years. In addition, at least one (1) of the above references must
operate a system in which lime softened aud membrane softened \vater is blended
in thc distribution system.
~ Product composition sheets and samples will be submitted with the bid for
inspection.
---X....- Material Safety Data Sheets shall be submitted with the first order to each plant
and the awardcd supplier 'Will conduct annual training within one week of the first
delivery. TIlls training will include proper handling, use, safety, chemical
properties and water chemistry. This training will be conducted at each of the
Utility Water Plants.
-1L- Each and every package shall bear the name of the product and the company
name, address, phone number, and a product hazard label in accordance .....ith
National Fire Protection Association.
x Freight/postage shall be the responsibility of the supplier.
x An annual corrosion coupon analysis and phosphate profile shall be performed six
(6) months after first purchase order by the chemical supplier,
x The supplier will conduct a training session at the Utility after this testing to
explain the results of this analysis and recommendations to the program.
x Each product shall be in compliance with the ANSUNSF Standard 60 for Direct
Additives for Drinking Water and shall bc acceptable for potable use in Florida by
local and state regulatory agencies.
----X..- The products received by the City shall bear the NSF mark, identifying number,
product trade designation and name, address and telephone number of the
manufacturer or supplier,
5
-319-
Bid Specifications Continued.. .....
..lL-
x
Both the manufacturer and the supplier shall be listed in the index of ANSVNSF
Standard 60 companies and shall comply with ISO 9001, 9002, or 9003 quality
systems standards throughout the contract period,
x
The corrosion inhibitor supplier shall supply a sufficient quantity of corrosion
inhibitor chemical to both the City's WTP's for one (1) year operation. The East
Water Treatment Plant performs at 6 MGD and the Wcst Water Treatment Plant
performs at 8 MGD
~ The supplier along with City Employees shalt determine beneficial nwuber of
shipments to each facility.
x
If any shipment of corrosion inhibitor is proven to be below the quality required
by the Product Specifications, the City reserves the right to reject that shipment.
x
The rejected material shall be removed by the vendor at the vendor's expense.
x
The supplier shall then replace the rejected material with satisfactory material or
credit the City with the full delivery price of the rejected material.
Should the corrosion inhibitor for any reason prove unsatisfactory for the purpose
intended, Or should the corrosion inhibitor not perform in accordance with the
specifications, or should there be a decline in the treatment effectiveness as
defined in Rule 62-555 of the Florida Administrative Code (FAC), the City
reserves the right to cancel the contract.
x
The supplier will be required to provide teclmical assistance within 24-hours of
notification of such need. Technical assistance can be provided either through site
visits or phone conversations at the discretion of the supplier.
6
- 320 -
BIDDER ACKNOWLEDGEMENT
Submit Bids To:
PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date:
May 19,2009
Bid Title:
ANNUAL SUPPLY OF POL YPHOSPHATE TYPE CORROSION
INHIBITORS
Bid Number:
052-2821-09/JA
Bid Received By: June 23, 2009, 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 tor: June 23, 2009, 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:
Shannon Chemical Corporation
Federal LD. Number:
23-1856-;:91
A Corporation oftbe State of:
Pennsylvania
Area Code: 6] 0
Telephone Number: 36 3'" 9 0 9 0
Area Code: 6 I 0
FAX Number:
'i/4-6()~o
Mailing Address:
P.O. Box 376
City/State/Zip:
Malvern. FA
19355
Vendor Mailing Date:
6/18/09
~
Authorized Signature
Danie1 C. Flvnn
Name Typed
16
THIS PAGE TO BE SUBMIITED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMP.LETE A..l'lID ACCEPTABLE
- 321 -
PROPOSAL BLANK
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
To All Bidders:
Date: 6 /1 8/ 0 9
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 in accordance with the specifications for the stun
of:
CORR TON INHIBITOR F R THE 6 MGD LIME SOFTENING WTP:
(Recommended dose for optimum corrosion control and sequestration = _fig dry product per
liter, anticipated weight per million gallons of treated water = .?,JJpounds)
$ 11.08
Unit Price Per Million Gallons
$ 24,265.20
Annual Price (Based On 6 MGD)
Product Brand: SNC Type N2
CORROSION INHIBITOR FOR THE 8 MGD MEMBRANE SOFT_K~l.NG WTP:
(Reconunended dose for optimum corrosion control and sequestration = l:J ::)-gallons liquid
product per million gallons, anticipated weight per million gal10ns of treated water = _ pounds)
$ 9.84
Unit Price Per Million Gallons
$ 28,725.50
Annual Price (Based on 8 MGD)
Product Brand: S L I ~ 5 2 2 5
17
THIS PAGE TO BE SUBl\'ITTTED ALONG WITBFfl.OPOSAL IN OlW:E:R
FOR PACKACE TO BE CONSIDERED COl\1PLETE AND ACCEPTABLE
- 322 -
ALL PRICES F.G.B. BOYNTON BEACH
Unit price per million gallons of treated water shall be fIrm through the Contract Period.
It is further agreed that the product will be delivered within ~ calendar days from the date of
the Purchase Order from the City.
Number of Bid Proposals submitted
Specification "check-off' sheets (pages 3 -6) submitted
y
Yes/No
Product composition sheets submitted
y
Yes/No
Product samples
y
Yes/No
References submitted for (5) similar lime softening
treatment facilities that company has done work for
in the past (5) years.
'{
y es/N 0
References submitted for (5) similar membrane
softening faciHties that company has done work
for in the past (5) years.
---L..-
y es/N 0
At least one (1) of the above references must
operate a system in which lime softened and
membrane softened Vlrater is blended in the
distribution system.
y
Yes/No
18
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL TN ORDER
FOR PACKAGE iO BE CONsmERli;() COMPLEiE AND ACCEPTABLE
- 323 -
Shannon Chemical Corporation
CQ:MPANYNAME
~
SIGNATURE
Daniel C, Flynn
PRINTED NAME
(610 ) 363-9090
TELEPH01'>,~ N1J1\.1BER
Vice President-Operations
TITLE
( )dcflynn@shannonchem.com
EJ\1AIL ADDRESS
(610 ) 524-6050
FAX NUMBER
]9
TillS PAGE TO SF; SUSMlTTED ALONG WITH PROPOSAL IN OROER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
- 324 -
ANTI-KICKBACK AFFIDAVIT
Pennsylvania
STATEOF~ID~ )
C h est e r : SS
COUNTY OF iiAfKffi!~W )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of
gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
By: ~I
:~- S[~:::
Sworn and subscribed before me
this 18 day of June
,20 ~
Printed Information:
Daniel c. Flynn
NAME
Vice Presidcnt-OpcratioRs
TIlLE
Oft'V- ~rv.- UJ~
NOTARY PUBLIC, State oflXlDPiltocPen n syI van ia
at Large S h ann 0 n C h "- m i c ale 0 r po" a t ion
COMMONWEALTII OF PENNSYLVANIA
NOT ARlAL SEAL
Ann M. Williams. Notary Public
West Whitland TQWlI5hip, Chcsrer County
M commission ex ires April 10, 2011
COMP ANY
"OFFIClAL NOTARY SEAL" STAMP
20
THIS PAGE TO BE SUBMITTED ALONG Wl'rff f>~OPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
- 325 -
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our flies for future use and information. Please fill out and
indicate in the appropriate spaces provided which categol)' best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
Do you possess a Certification qualifying your business as a "Minority Owned Business"?
YES
NO x
If YES, name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
21
TlTIS FACE TO BE StJfJM1TTED ALONG WITH PROPOSAL
- 326 -
CONFIRMATION OF DRUG-FREE WORKPLACE
IDENTICAL TIE BIDS
Preference shall be given to businesses with drug-free workplace programs. 'Whenever two or
more bids which are equal with respect to price, quality, and service are received by the 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 progranl, a business shall:
1) Publish a statement notifying employees that the unla",ful manufacture, distribution,
dispensing, possession, or uSe of a controlled substance is prohibited in the workplace and
specifYing the actions that will be taken against employees for violations of 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 conunodities 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 conunodities 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.
~lY""
Vendor's Signature
22
THIS PAGE TO BE SUBM1'TTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
- 327 -
I
Shannon Chemical Corporation
Specializing 1/1 LEAD a/1d COPPER Corrosioll COnlml
Confidential References
City of Boynton Beach
Water Treatment Plant
5469 West Boynton Beach Boulevard
Boynton Beach, FL 33437
David Ailstock
561-375-6450
City of Delray Beach
Water Treatment Plant
200 S.W. 6th Street
Delray Beach, FL 33444
John Bullard
561-243-7318
City of Pompano Beach
Water Treatment Plant
301 N.E. 12th Street
Pompano Beach, FL 33060
Allan Clark
954-545-7006
City of Lake Worth
Water Treatment Plant
301 South College Street
Lake Worth, FL 33460
Bob Douglas
561-586-1708 .
Cit), of Lakeland
Water Treatment Plant
1501 West Bella Vista
Lakeland, FL 33805
Gary Hamilton
863-834~6716
Post Office Box 376 · MaLvern, PennsyLvania 19355 I (610) 363-9090 I Fax: (610) 524-6050
- 328 -
I
Shannon Chemical Corporation
::ipecializing ill LEAD and COPPER Corrosion Control
LETTER OF CERTIFICATION
SLI-5225
Blended Poly-Orthophosphate
Corrosion Inhibifor
Sequestering Agent
SLI-5225 is a unique blend of po1yphosphate and orthophosphate
ions in solut.ion for use as an effecti ve sequestering agent for
iron and calcium ions. SLI-5225 is a 3:1 ratio poly-ortho
inhibitor that also exhibits superior film formation on all metal
surfaces. SLI-5225 is an excellent all purpose sequestering agent
and corrosion inhibitor.
SLI-5225 is certified to ANSI/NSF Standard 60 and possesses the
following physical and chemical properties:
Form:
Color;
Odor;
Chlorine Demand;
Solubility:
Specific Gravity:
Density:
Total Phosphate;
Total Polyphosphate:
Total Orthophosphate:
~oly/ortho Ratio:
Freeze/Thaw:
Freezing Point:
pH:
Liquid Homogenous Solution
Clear Liquid
None
None
Complete
1. 36
11.4#/gal
36% as P04
27% as P04
9% as P04
3:1
Complet.e
l8-220E'
6.0 - 6.2
The raw materials used in the formulation of SLI-5225 meet or
exceed the specifications for additives to potable drinking water
as stated in the Water Chemicals Codex and the Water Chemicals
Codex: SU.E?plementary Recommendations For Direct Additives.
~.
Daniel C. Flynn
Vice President-Operations
SE.ANNON CHEMICAL CORPORATION
Post Office Box 376 · M<llvern, Pennsylvania 19355 · (610) 363-9090 . Fax: (61O) 524-6050
- 329 -
I
~hannon Chemical Corporation
Specializing ill LEAD and COPPER Corro~'ion COn/m!
SLI-5225
~TERIAL SAFETY DATA SHEET
Information Telephone
Chern Tel Telephone
Emerger.cy Telephone
#(610) 363-9090
# (800) 255-3924
# (610) 662-910J.
Section I
IDENTIFICATION
Product Name:
ChemiC.;l1 N.;lme;
Chemical Formula:
ChemiC.;ll Family:
Synonyms:
U.N. Number:
C,A.S. Number:
SLI-5225
Blended Phosphate
Proprietary Blend
Sodium Phosph.;lte
Blended Phosphate
Not Applicable
NA
Section II
HAZARDOUS INGREDIENTS
SLI-5225 contains the following chemicals subject to the reporting
requirements of Section 313 of the Emergency Planning andCo~~unity Right To
Know Act of 1986 and of 40 CFR 372:
Material
%
PEL
TLV
CAS#
None
Carcinogenicity
Not a known Carcinogen. Not listed by NIP,
IARC or OSHA.
P.;lge 1 of 4
Post Office Box 376 · Malvern, Pennsylvania 19355 · (610) 363-9090 · Fax: (610) 524-6050
- 330 -
Section n:I
PHYSICAL AND CHEMICAl. OATA
Appearance:
Odor:
Density:
Melting Point:
Boiling Point:
Freezing Point:
pH:
Solubility:
Decomposes:
Evaporation Rate:
Clear Liquid
None
11.4#/gallon
No Data
No Data
180F
6.0
Complete
No Data
No Data
Section :rv
FLAMMABILITY AND EXPLOSION HAZARD
Flash Point (OC):
Not Flammable
Flammable Limits in Air (Vol %):
LEL: Not Applicable
UEL: Not Applicable
Not Applicable
Normal Extinguishing Agent:
Special Fire Fighting Procedures:
None
Unusual Fire and Explosion Hazards:
None
Section V
Ell!:lU.TB HAZARD DATA
Exposure Limits:
TLV: No Data
PEL: No Data
Effects of Over Exposure:
No known or reported effects
from prolonged exposure.
Skin Cont.;lct:
May cause skin irritation or
burning sensation.
Eye Contact:
May cause severe eye
irritation and/or burning.
Inhalation:
May cause respiratory
irritation and!o~ distress.
Swallowing:
May cause burning of
mouth, tongue, throat and/or
irritation.
- 331 -
Section VI
EMERGENCY FIRST AID l?ROCEDWES
Skin:
Wash exposed Ol;r;eOl ,-'ith SO.;lp and '",ater.
Rinse thoroughly. Remove any exposed
clothing .;Ind wash before re-use.
Eye:
E'lush or rinse continuously with wOlter
for fifteen (15) minutes. If irritation
persists contact a physician.
Inhalation:
Remove to fresh air,
Swallowing:
Burning of mouth area may be reduced or
eliminated through continued rinsing
with water .;I~d/or large quantities of
milk. Do not induce vomiting. If
gastrointestinOll disturbances persist
contact a physician. Never give anything
by mouth to .;In unconscious person.
Section VII
REACTIVITY DATA
Stability:
Stable.
Conditions to avoid:
Strong Bases
Incompatibility
(Materials to avoid):
None
Hazardous Combustion
Products:
Toxic Fumes of POx may be emitted if
decomposition temperature is reached.
Sec~ion VIII
SPECIAL PROTECTION INFORMATION
Type of Respiratory
Protection Required:
None
Ventilation:
Not required
Protective Gloves:
Neoprene, impermeable gloves.
Eye Protection:
Protective goggles or shield
Impervious apron and/or work clothes to
cover exposed area: eye wash station;
safety shower.
Special Equipment:
- 332 -
Saction IX
SPILL OR LEAK PROCEDURES: ENVIRONMENTAL DATA
Spill or Leak Procedures:
Waste Dispos~l Method:
Section X
Handling and storage:
Othe~ ~recautions;
Section XI
Proper Shipping Name:
DOT:
RQ:
Flush spill area with large quantities
of water. Contain all spills and dispose
of properly.
Disposal of all material
full compliance with all
and Local regulations
Phosphate.
shall be in
Federal, State
pertaining to
SPECIAL PRECAUTIONS
SLI-5225 solutions are slightly acidic
and should be handled as any normal
acidic solution. Avoid contact wi th
Skin, clothing and mucous membranes.
Material is hygroscopic and should be
stored in a cool, dry location.
None
'l'lUU{SPO~TATION DATA
Non-Hazardous
Non-Corrosive
N.}\..
- 333 -
I
Shannon Chemical Corporation
Specializing in LEAD and COPPER CQrrosion ContJ'OI
LETTER OF CERTIFICATION
S-N-CType N 2
Corrosion and Scale Inhibitor
Water Treatment Compound
SHANNON CHEMICAL CORPORATION certifies that SHAN-NO-CORR Type N 2
(S-N-C Type N 2) is accepted by the Environmental Protection
Agency for use as a corrosion control additive in potable drinking
water. SHAN-NO-CORR Type N 2 also meets and complies with all
requirements of the NSF under Standard 60.
The specifications for S-N-CType N 2 are:
Phospjat~ as PO~ (Wht %): 64.2%
Zinc as Zn:
pH (1% solution):
Color:
Odor:
Solubility:
Bulk Density:
NazO/PzOs:
Less than 0.01%
10.8
White Pulverized Powdey
None
1 #/gal
63 #/ft3
2.1/1.0
The raw materials used in the formulation of S-N-C Type N 2 meet
or exceed the specifications for additives to potiO-ble drinking
water a~ stated in the Water Chemicals Codex and the Water
Chemicals
Additives.
Codex:
Supplementary
Recort'mendations
For
Direct
Dam-:::::
Vice President-Operatio~s
SHANNON CHEMICAL CORPORATION
Post Office Box 376 · Malvern, Pennsylvania 19355 · (610) 363-9090 . Fax: (610) 524-6050
- 334 -
I ~;Q~RQ2H,c~hs:,mtgm 1,~Qrp.
SHAN-NO-CORR Type N2
MATERIAL SAFETY DATA SHEET
Info~mation Telephone
Chern Tel Telephone
Emergency Telephone
#(610) 363-9090
#(800) 255-3924
#(610) 662~9101
Section I
IDENTIFICATION
Product Name:
Chemical Name:
Chemical rormula:
Chemical Family:
Synonyms:
U.N. Number:
C.A.S. Number:
SHAN-NO-CORR Type N2
Blended Polyphosphate
Proprietary Blend
Polyphosphate
Blended Phos
Not Applicable
Not Applicable
Section II
HAZARDOUS INGREDIENTS
~
SHAN-NO-CORR Type N2 contains the following chemicals subject to the
reporting requirements of Section 313 of the Emergency Planning and
Community Right To Know Act of 1986 and of 40 erR 372:
Material
%
PEL
TLV
CAS#
Nor.e
Carcinogenicity
Not a known Carcinogen. Not listed by NTP,
IARe or OSHA..
Page 1 of 4
- 335 -
Section III
PHYSICAL AND CHEMICAL DATA
Appearance:
Odor:
Density:
Melting Point:
Boiling Poir.t:
Freezing Point:
pH:
Solubility:
Decomposes:
Evaporation Rate:
White Powder
None
64#/ft3
Nc Data
No Data
No Data
10.82
1.5#/gallon max. @ 580F
No Data
No Dat~
Sect.i.on IV
FLAMMABILITY AND EXPLOSION HAZARD
Flash Point (oC):
Not Flammable
Flammable Limits in Air (Vol %):
LEL: Not Applic~ble
UEL: Not Applicable
Normal Extinguishing Agent:
Not Applicable
Special Fire Fighting Procedures:
None
Unusual Fire and Explosion Hazards:
None
Section V
HEALTH HAZARD DATA
Exposure Limits:
TLV: No Data
PEL: No Data
Effects of Over Exposure:
No known or reported effects
from prolonged exposure.
Skin Contact:
May cause skin irritation or
burning sensation.
Eye Contact:
May cause severe eye
irritation and/or burning.
Inhalation:
May cause respiratory
irritation and/or distress.
Swallowing:
May cause b~rning of
mouth/tongue, throat and/or
irritation.
- 336 -
Section v~ EMERGENCY FIRST AID PROCEDURES
Skin: Wash exposed area with soap and water.
Rinse thoroughly. Remove any exposed
clothing and wash before re-use.
Eye: Flush or rinse continuously with wa~er
for fifteen (15) minutes. If irritation
persists contdct d physician.
Inhalation: Remove to fresh air.
Swallowing: Burning of mouth area may be reduced or
eliminated through continued rinsing
with water and/or la~ge quantities of
milk. Do not induce vomiting. If
gastrointestinal disturbances persist
contact a physician. Never give anything
by mouth to an unconscious person.
Section VII REACTIVITY DATA
Stability: Stable.
Conditions to avoid: Magnesium Compounds
Incompatibility
(Materials to avoid):
Magnesium Salts or Metals,
Hazardous Combustion
I?roducts:
Toxic Fumes of POx may be emitted if
decomposition temperature is reached.
Section VIII
SPECIAL PROTECTION INFO~TION
Type of Respiratory
Protectiop. Required:
None
Ventilation:
Not required
Protective Gloves:
Neoprene, impermedble gloves.
Eye Protection:
Protective goggles or shield
Special Equipment:
Impervious apron and/or work clothes to
cover exposed area; eye wash station;
safety 5hower.
- 337 -
Section IX
Sl?ILL OR LEAK PROCEDURES: ENVIRONMENTAL DATA
Spill or Leak Procedures; Flush spill area with large quantities
of water. Contain all spills and dispos~
of properly.
Waste Disposal Method: Disposal of all material shall be in
full compliance with all Federal, State
and Local regulations pertaining to Zinc
and Phosphate.
Sec~ion X SPECX~ l?RECAUTIONS
Handling and Storage: SHAN-NO-CORR Type N2 solutions are
caustic and should. be handled as any
normal caustic solution. Avoid contact
with skin, clothing and mucous
membranes. Material is hygroscopic and
should be stored in a cool, dry
location.
Other Preca~tions: None
Section XI TRANSPOaT~TION DATA
Proper Shipping Na~e: Water Treatment Compound
DOT: Non-Corrosive
RQ; N~
- 338 -
(I NSF In'unational
OFFICIAL LISTING
NSF Int~rnationa1 Certifios th~t tho prQo~~ts appearing on this Listing oonform to th~ r~quir~m~nts of
NSF/ANS1 St~ndard 60 - Prinking Water Treatment Chernio~l, - Health Effecta
~his is tho offioial ~istin9 r~corded on May l~, 2009.
SHANNON CHEMICAL CORP.
P.O. BOX 376
MALYERN, PA 19355
610-363-9090
I1'MilHy, l!:E:'l'W, PA
Ch"",ioall
Trade D~aignation Funotion K;U Da.
al.nd.d corro.ion Inhibitor
SllAN-NO-CORR ~e~e Froe corro~ion ~ ~0.10 Co:<tro1 1~. B mg/I.
SI'C-4442 corrosion & Scale CO:it:c"Ol 1J mg/L
Sequestering
.sNC-L~ad :rr@1! Corrosion & saale Control 14 .S mg/I.
BN"C-N2 cor"oolion ~ soal. Control 10 m9/I.
SNC-NO LEAD CorrOlE/.ion ~ So..l. Control H.B mg/L
6NC-R"2 CcX":t'csi.:ln & Scale Centrol lO m,,/L
el.nd.~ pno.pnat..
SLI-1226 Corrosion & SQ~l. control 27 mg/L
SLI-S21S Carrcaion & s~alc Control ~e 1l1"n
sequestering
~~I-5.225 Ccrroaion & Bo&le Control 26 mg/L
Sequestering
S:'I-S2;0 Co~~oslon & Scale Control .s ms/l..
sequestering
$1,1-S240 Corro~1on & Scale Control 2B 11\9/1..
S~qUelatl!rin9
SI.1-02,O corrosion ~ Soale control 2B mg/L
Sequeatering
SI.1-52~O Corrosion & SGal~ ContI;"/;;Il 26 mg/I.
so!oCjUesterin"
SLI-5270 Corrosion ~ S~~l~ Cflntrol 28 mg/1.
S~qu~st~dt1g
S:'1-027> Corrosion & Scale Control JO mg/L
Sequest~ring
$1.I-528S c~r"osion & so~l~ control 28 mg/L
S~questering
SLI-5370 CQrroaion & Scale C~nt"ol 28 m9/L
sequestering
SLI-538S corrosior. M S~~l~ Control 28 ms/L
so!o'LUest~ring
5..1-71S0 Corrosion & scale control 30 mg/L
Note, Additions shall not be made to tti~ de:ument without prior evaluation a~d aooeptanc~ by NSF International.
J. of 4
41 ~3 0
789 N. DixbolO Road, Ann AIbor, Miohigan 4810~.972) USA
i.80Q.NSF.MARK 1734.769.801 0
www.mf.org
- 339 -
. NSF !nt<rn.....,
5LI-72?S
corrosion & seal~ Control
s"qu"s~"ri:lg
Corrosion ~ $c~le Control
Sequ~~t"ri:lg
Carrcaicn & scale control
Sequesteri:lg
Corrosicn & Scale Control
Sequuteri:lg
Corresien. & Scal. Con~rol
Correa ion & S~al~ Control
corrosion & eoal. Control
Seques~ering
Corrcsion & Scal~ Co~trol
Sequestering
Corrcsion & Scal@ Control
Corrosion & S~ale Control
sequ~stering
Corrosion & Scale Control
Se.....e..t...-1"g
Corrosion & Scale Control
$e.....este1:"i"g
Corrosion & Soale Control
Sequestering
corrosien & se~le control
sequeater1:lg
Corrosion & Soalo Control
g@queBteri::l.g
Corrosion & Seal" Control
se<;1Jestedng
Corrosion ~ Bcale Control
sequestering
Corrosion ~ Sc~le CQnt~Ql
SequMtering
Corrosion & Scale control
Sequestering
Corrosion & soale Control
S!!qul!!atering
Corrosion & so.l~ Control
Sequestering
corrosion & 50al. control
sequestering
Corrosion & Scal~ Control
Corrosion & seal~ control
eLI-?42S
5LI-74So
eLI-75,S
sI"I-S
eLI-tiP
SLI-HP
SLI-K2Co
SNC-1226
Sl(C-S210
Sl(C-S220
eNe-S22S
sNC-S230
Sr:C-S2~<l
SNC-S250
$NC-S270
SNC.S27S
SNC-S29S
SNC-5420
SNC-5520
SNC-i220
SNC-,4H
SNC-HW
SNC-TYPE B
gi9~ellaD~ous Corrosion ChemicalsCz~l
SHAN-NO.CORR
S~-NO-CQRR P1us, SHe +
SHAN-NO-CORR !1PE L
SHAN-NO-CORR TYPE N
SHAN-NO-CORR ZOP
Sj"t-~B
SLI"4H S
c~rrcsiQn & S~ale CQntrol
Cerro.i~n & Seale Control
Co~~oaion & Scale Central
c~rrosion ~ so~le Control
Co~roaion & Bcal~ ContrQl
corrosi~n Central
Corrcsion & Scale Control
30
I\\g!L
n
mg!I,
28
mg!L
~6
mg!L
27
~o
~o
mg!L
mg!L
mg!L
~e
mg!L
14
10
mg!L
mg!L
10
mg!L
10
mg!L
10
mg!r..
:LQ
mg!L
10
mg!L
10
I\\g!L
10
rnS!L
10
1\\9!1"
10
1\\9!L
10
mg!L
12
m.,!L
10
mS!L
10
:'0
mg!L
ltISjL
10
10
20
10
10
25
25
mg!L
mgjI,
mg!L
mg!L
IIlS!L
mg/L
IIlg!1C
Not~: Additions shall not be lIlade to this docum~nc without pri~r evalu~t!Q~ and aooeptanoe b~ NSF :nternatior.al.
2 d 4
789 N. D~bOfO RJ:>ad, Aml Arbor, Michigan 48105-9723 USA
1.80o-NSF-MARl{ /734-769.80 LO
www.ll>f.orll
- 340 -
U6~0
<I NSF Internationa)
SNC-u~ CQrrQ~ Lor. " SGa.l~ Cont~ol 1.0 lng/L
B~C-4" :;; Corrosion .. 500.1.. Cont~ol l$.~ lng/L
SNC-ZOF 123 corrosion &. ScalI! Control 11 mg/L
8MC- ZOP nl. Corr<osion .. Soal.. Centrol 11 lng/I.
HOnOSodium Orthop~OSp~ste
SLI-~17S CarrOll ion Control 25 mg/L
S:'I-Sll lOO C01;"~oaion Control 2S lng/I..
SNC-;17S corrosion .. so.;.l~ control 12.6 mg/L
Sequestering'
SNC-M.s~ Corrosion & ~cale Contl:'ol 1:< . G lng/I..
Sequest..dng
P~o.pbod" A"i<l
SLI.PHOB 36 CorrDsion & Scale Central 2S mg/..
SLI-<'1/0S SO CorJ:;"osion, & Scale Control 20.5 mg/L
SLI-l'HOB 75 COL""roaion &. Bcall!! Centrol 13.7 mg/L
sodiU1l\ ""i4 P:t~o.,bos.,hat..
SllC-318 corrosiol'l " Bo..l" Control :2 mg/L
S::<C-SUS Ccrrosion & Scale control :. 1115/L
soai~ Palypho8phat~s, GIs..)"
BHAN-O->>HOS Ccr~oBion & Scale Control 10.7 mg/"
'sequl!!Btering
SLI-s125 Corrosion.. Soale Control 42.8 mg/L
B~quel13t~rins
SLI -5130 Ccrrosion & Scale Control :l5.6 mS/L
S~'OU~storin9
SLI -5135 Corrosion.. 8eale Control 30. S roS/L
Sequester in"
81..1 -5140 Corrosion & Scale Control 26.7 illS/I..
S~<:!U/:~terin"
SLI-514; Ccrrosion & Scale Control :23.8 m<;/L
S~qucsteri1"i~
81..1-5150 Ccrrosion & scal~ cQntrol .1.4 m<;/L
ScO[ue.terin<;
81..1-5155 Carrosion & Scale Control 19.5 ms/L
Sr:qtJtstcritlg-
SLI -5lS0 Cc~ro~ion ~ Soal~ control 17.B !fIS/L
Sequestarins
SLI-Qu...t :25 Ccrroaion & Scal~ COr.Ltrol 4:l.8 mg/t..
S.<:j1J~.t~r!ng
SLI - Quast :>0 Corrosion & Scal~ Centrol 3S.~ mg/r.,
Sequestering
S"I-Queat 35 corro~ion ~ soal~ co l'ltrol 30.5 Illg/I.
Sequost~dng
SLI-Q\l~.t 40 CQr~o.iOl'l & So~l~ CQnt~ol 25.7 !fig/I.
S~qu.c::st.e.ins
SLI-Queat 45 Corrosion & Scale Control n.s mg/L
S~qu~.tor~l""
81..1 -Quest 50 Corrosion & aQal~ Control 21. 4 mg/"
S.<j\l...te~ing
Not", AQQitiol'ls shall not bo maQe to thi~ Qoo\lmont witho\lt prior evaluation and acc.ptanc.. by NSF :ntorn.eional.
3 of 4
U~3Q
7119 N. Dixboro Road, Alln Arbor, Michigan 481 05-9723 USA
l.goO-:>ISf-MARl( 173~?6~-gOl Q
www.",r.org
- 341 -
. NSF Interllldional
Slo1-Q\l~at 55 corrosion & S~ale Ccnl:rcl 19.5 mg-/L
Se~e~terin9
SLI-Quos!; bO Corrosion & Scale Cont:rcol 17.8 mg/L
Sequestering
SNC-5190 Corrosion Ii< Seal. Control 10.7 mg/I.
Seq1,leateJ:'ing
Scdium Trip~lyPn~'ph~t.
SlUIN-O-POLY Corrosion & Scale C~ntrol 1:1 m<;,/L
"'e'<Uen~ring
SNc-;;l, 77 Corrosion & $~ale Cenl:rol 1:1 mg/L
Seque8l:eJ:'ing
T.~rapoh~..~um PY~Qpb08phat~
SLI-~l.~O Corrosion & Scale conl:>:ol 30 mg/I.
Sequ.estl!!riny
SLI-6134 corr~~ion & S~al~ Control 22.5 mg/L
B~queBt~ring
SL1-KIOO corraaion & "'~&l~ Control 30 mg/L
sequ~stcring
S1.1.KPHOS Corrosion & ~cale centrol :1:1.5 ms/L
6equeste:ril'lg
SNe-6157 Corrosion & s~al~ control 14 mg/I.
Sequ~st:e,;r!.ng
SNC- XPHOS Corrosion & Scale Conl:rol 14 mg/I.
sequestering
zinc Chlorl<1~ [ZN!
S:'1-n~5 corrosion 6< Bcale Control ~;; mg/L
SL1-2150 Corrosi:Jn I< sc:al~ conl:rol S mg-/I.
S:'1-2162 Corrosion & SOal., Col'ltrol I; mgJL
~in~ Ol."thophcQphat~ [ZN]
SLI 3535 COJ:'J:'o~ion & Sed~ Control 24 mg/L
Sr..1 4.217 Corrosion & sc<\J,e control :/8 mg/r..
SLI 50~0 co~rosion & Scale Conl::t;'QJ, 17 mg/L
BLI-1010 Corr~e1on I< 6e....l~ Control 20 mg/L
61..1-1021 Corraa ion & scd~ conl:rol 25 mgJ~
Sr..1-15:/l-C Corrosion '" Sc"'l,~ control 22 mg/L
$LI-2020 CQr:r:.sion &. Scale Control 10 mg/L
SLI-321 COJ:'rodon I< sc:d~ Cont~ol 1,0 mgJL
SL1-nl.L cQrro~iol'l & B"..l~ Control l.0 mg/L
Sr..1-5024 Co!"roaion & Scale;! Control 16 mg/r..
S;:'l:-,21, Corrosion .. sc....le control 40 mg/L
B:'1-5216 co::rosion 6< Beal.. Control 33 mgJL
S:'I-7215 Co:::::-roaion & ~cale C('Jntr~l 29 mg/lo
B1.I-932 cOl:r~$ion & 6e..1o:: control 26 mg/L
SI.I-939 C01:'rosian &. Scale Cont.rol 25 mgJL
[ZN] ~aaod on an ~valuatie>n of he&ll:h ~ffeC:l:$ dal:a, th~ l~v~l of zin~ in th~ finished dJ:'inking
water shall not exo~cd 2.0 mg/L.
Not~: Additions shall net be mad.. to this docum~nt ~ithout prior o::v....lual:ion and a~eeptan"e by NSF InterT.ational.
"" .of fl
U6]0
789 N. Dbtboro ll.oad, AnD Mor, Michigan 48105.9723 USA
1.800.NSF.MARK /734.769.8010
www.Il.<f.orll
- 342 -
6. H
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-151 - Approve the
"First Amendment - Agreement for the Provision of Supplemental Police Services" between the CRA
and the City.
EXPLANATION OF REQUEST: At a recent meeting of the City Commission, it was the desire of
the Commission to reduce the cost of Police service to the CRA by $50,000 annually for three
years beginning October 1, 2009.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no change to the Police
services provided by the CRA.
FISCAL IMPACT: The Amendment directly (a) reduces City revenues by $50,000 annually for
the next three (3) years and (b) decreases corresponding expenditures of the CRA.
ALTERNATIVES: Not approve the Amendment.
- 343 -
RESOLUTION NO. R09-
A RESOLUTION OF THE CITY COMMISSION OF BOYNTON
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FIRST AMENDMENT TO
AGREEMENT FOR THE PROVISION OF SUPPLEMENTAL
POLICE SERVICES BETWEEN THE CITY OF BOYNTON BEACH
AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 19,2007 the City Commission via Resolution R07-151, approved an
Agreement for the Provision of Supplemental Police Services with the Boynton Beach Community
Redevelopment Agency; and
WHEREAS, the City Commission desires to reduce the cost of police services to the CRA by
$50,000.00 annually for a period of three years beginning October 1, 2009; and
WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff,
deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve
and authorize the City Manager to execute the First Amendment to Agreement for the Provision of
Supplemental Police Services between the City of Boynton Beach and Boynton Beach Community
Redevelopment Agency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above is true and correct and incorporated herein
by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize the City Manager to execute the First Amendment to Agreement for the Provision of
Supplemental Police Services between the City of Boynton Beach and the Boynton Beach Community
Redevelopment Agency, a copy of said First Amendment is attached hereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon passage.
- 344 -
PASSED AND ADOPTED this _ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 345 -
FIRST AMENDMENT TO AGREEMENT FOR THE
PROVISION OF SUPPLEMENTAL POLICE SERVICES
THIS IS A FIRST AMENDMENT TO AGREEMENT, made and entered into this day
of
, 2009, between THE BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY (hereinafter referred to as "CRA") and THE CITY OF BOYNTON BEACH (hereinafter
referred to as the "City"). In consideration of the mutual terms and conditions, promises, covenants and
payments hereinafter set forth, CRA and City agree as follows:
The Original Agreement for the Provision of Supplemental Police Services, entered into on
December 19, 2007 and approved by the City Commission pursuant to Resolution R07-151, shall remain
in full force and effect except as specifically amended herein:
7.0 The term of contract shall be from October 1, 2009 until September 30, 2010, subject to
annual appropriation of funds by the CRA.
8.0 Compensation to the City. For services provided, CRA shall compensate the City as
follows:
8.1 CRA shall pay City on a monthly basis for services provided at the rate equal to the costs
to the City for one (1) police sergeant and four (4) police officers which at the time of this original
agreement was drafted is approximately $388,794.00. The City will provide the CRA with an invoice
indicating the monthly compensation, benefits and expenses paid to the officers and sergeant assigned to
the CRA police unit. Compensation, benefits and expenses include all expenditures on the part of the
City associated with employing the member. From October 1, 2009 through September 30, 2012, the
CRA is entitled to an annualized discount of $50,000 per fiscal year. The discount shall be reflected on
each City invoice to the CRA as a $4,166.67 reduction to the monthly charge.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year
first written above.
Signed and Seal and Witnessed
- 346 -
in the presence of:
CITY OF BOYNTON BEACH, FL.
Witness
Kurt Bressner, City Manager
Witness
James A. Cherof, City Attorney
ATTEST:
Janet M. Prainito, CMC
City Clerk
Signed and Seal and Witnessed
in the presence of:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
Witness
Jerry Taylor, Chairman
Witness
- 347 -
6. I
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-152 - Approve
execution of the first amendment to the Palm Beach Co. Recreation Assistance Program (RAP)
Agreement in an amount not to exceed $7,000 to help offset costs of the 2009 Heritage Celebration.
EXPLANATION OF REQUEST: In order to qualify and be reimbursed for the all eligible expenses
incurred as part of the financial and staffing assistance provided by the City during the 2009
Heritage Celebration, the original agreement is being amended to allow for pre-agreement
expenses incurred subsequent to November 5,2008. The original agreement was ratified at
the April 21, 2009 City Commission meeting (Reso. 09-069).
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? This action simply allows us to qualify to
be reimbursed by RAP funding for expenses incurred as part of the support the City provided
for this event.
The Heart of Boynton Beach Community Association has yet to begin any detailed planning for
next year's event. We do anticipate that some support will be requested from the City. At this
time we do know that the event is scheduled for February 20, 2010, and that the venue for the
event will again be MLK Boulevard, just east of Seacrest. Planned activities include music,
arts & crafts, pony rides, motivational speakers and various vendors. The planning committee
may also add a basketball tournament and may extend the hours of the event from 11 am -
4pm to 7pm.
FISCAL IMPACT: The City will receive a $7,000 reimbursement. Attached is a financial
summary of the 2009 Heritage Celebration.
There are no budgeted funds available from the City for the current fiscal year 2009/10. Last
year the City Commission contributed Community Investment Funds to this event. However,
- 348 -
for FY 09/10 CIF have been eliminated from the budget. Any funding for this event must come
from sponsors, donations, etc... Palm Beach County RAP funds are also not available this
fiscal year.
ALTERNATIVES: N/A
- 349 -
RESOLUTION R09-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A FIRST AMENDMENT TO
AGREEMENT BETWEEN PALM BEACH COUNTY AND THE
CITY OF BOYNTON BEACH, PROVIDING FOR FUNDING TO
OFFSET COSTS OF THE 2009 HERITAGE FESTIVAL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 21, 2009, the City Commission of the City of Boynton Beach
approved an Interlocal Agreement between the City of Boynton Beach and Palm Beach
County for the County to provide Recreation Assistance Program (RAP) funding in an
amount not to exceed $7,000.00 to assist with the Boynton Beach Heritage Festival; and
WHEREAS, in order to qualify and be reimbursed for all the eligible expenses
incurred as part of the financial; and staffing assistance provided by the City as part of the
2009 Heritage Celebration, the original Agreement is being amended to allow for pre-
agreement expenses incurred subsequent to November 5, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2.
The City Commission of the City of Boynton Beach does hereby
authorize and direct the Mayor and City Clerk to execute the First Amendment to Agreement
between Palm Beach County and the City of Boynton Beach, for funding to offset the costs
of the 2009 Heritage Festival, allowing for pre-agreement expenses incurred subsequent to
November 5, 2008, a copy of said Agreement is attached hereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of October, 2009.
- 350 -
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
-351-
Mayor
FIRST AMENDMENT TO AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE CITY OF BOYNTON BEACH FOR THE 2009 HERITAGE CELEBRATION
THIS AMENDMENT is entered into on ~, by and between Palm Beach
County, a political subdivision of the State of Florida, hereinafter referred to as "County",
and the City of Boynton Beach, a Florida Municipal Corporation, herein referred to as
"Boynton Beach".
WHEREAS, on July 7,2009, County entered into an Agreement (R-2009-1108)
with Boynton Beach, hereinafter referred to as the "Agreement" to provide Recreation
Assistance Program (RAP) funding in an amount not to exceed $7,000 to assist with the
Boynton Seaeh Heritage Festival, hereinafter referred to as the "Project"; and
WHEREAS, Boynton Beach has requested that County expand the project
timeframe for this completed project by changing the project initiation date from February
6, 2009, to November 5, 2008, to allow for the County to provide reimbursement of pre-
Agreement expenses for Project expenses required to be paid prior to the Project; and
WHEREAS, the Project benefitted all citizens of Palm Beach County.
NOW THEREFORE, the parties hereby agree as follows:
1. Section 3 of the Agreement is amended to read, "Boynton Beach incurred
expenses for the Project beginning on November 5, 2008. Those costs incurred
by Boynton Beach for the Project, approved and submitted accordingly by
Boynton Beach subsequent to November 5,2008, are eligible for reimbursement
by County pursuant to the terms and conditions hereof,
2. The first sentence of Section 10 of the Agreement is amended to read
"Boynton Beach shall complete the Project by March 30, 2009, and invoices and
checks submitted for reimbursement must be dated within the project time frame
of November 5, 2008, through March 30, 2009.
3. Except as provided herein, each and every other term of the Agreement shall
remain in full force and effect and the Agreement is reaffirmed as modified
herein.
IN WITNESS WHEREOF, the parties, by and through their duly authorized agents,
have hereunto set their hands and seals on the date indicated above.
WITNESSES:
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Dennis L. Eshleman, Director
Parks and Recreation Department
ATTEST:
CITY OF BOYNTON BEACH
City Clerk
By:
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
By:
City Attorney
- 353 -
" , ,
,
2f27f20
Startin Balance:
oun ommlSSloners
CommitleeFundraisers 1525
~ ill ~ ~ ~ ~o 55 Ii ~o ~ -
-
Co 0 3350 000 000 395.00 4.50 148.9 186.15 000 000 000
Pal I 8525.0
Co Amount sed:
Total $ 12525.00
EXPENSES
Item SourceNendor Amount
Entertain mentloromoter Sebastian Bromfield $ 5 700.00
Sound technician Showmax Productions $ 1 525.00
Entertai n mentlmarketi na Naisha Nichols $ 1 500.00
Port-o-Iets United Site Services $ 585.00
Plav features V2E Partv Planners $ 565.00
Soeaker Amos International $ 500.00
Pony Rides Schmitt's Pony Ranch $ 490.00
Printina T anva Eadv $ 250.00
Services Now You See it Photos $ 200.00
Awards ManhattanTroohv $ 113.85
Arts & crafts Tovs R UslWal-Mart $ 101.06
Booklets Victor Norfus $ 100.00
Hav for oonies $ 59.50
Total $ 11689.41
City Services (in-kind)
Pavroll Recreation $ 4255.47 (does not include frinae benefits)
Pavroll Parks $ 1 605.34
Pavroll Utilities Deoartment $ 1 287.67
Pavroll Police Deoartment $ 1 040.97
Pavroll Fire Deoartment $ 23.47
Eauioment & Materials Utilities Deoartment $ 991.02
Total $ 9 203.94
- 354 -
6. J
CONSENT AGENDA
October 20,2009
cr
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-153 - Approve the
Interlocal agreement between the Board of County Commissioners, Palm Beach County, Florida, and
the City of Boynton Beach, Florida authorizing the City of Boynton Beach to enter into a 1 year
agreement to receive funding in the amount of $279,900 as a partner in the continued planning and
implementation of the Youth Violence Prevention Program (YVPP) in the target area in the City of
Boynton Beach.
EXPLANATION OF REQUEST:
An interlocal agreement was originally entered into on February 27, 2007 with Palm Beach County.
The agreement outlined the City of Boynton Beach's duties and responsibilities within the concept of
developing a Youth Empowerment Center. Our Youth Empowerment Center opened on February 9,
2008 in conjunction with the City's Parks and Recreation Department's grand opening of the Carolyn
Sims Center.
The YVPP currently has four service providers (Art of Filmmaking, Hooked on Fishing not on Drugs,
RM Lee CDC, and Unlimited Dance) scheduled to participate in community redevelopment by
addressing issues from tutoring to gang prevention and intervention. Our Executive Committee and
Teen Council continue to meet on a monthly basis to make joint decisions about YVPP.
The original interlocal was a 3-year agreement that expires as of September 30, 2009 and due to budget
cuts, no additional funding was available through the Board of County Commissioners. For FY 09/10,
the Criminal Justice Commission was able to secure ARRA funding through the Edward Byrne
Memorial Justice Assistance Grant (JAG) Program, and has decided to continue funding the Boynton
Beach Youth Empowerment Center as well as four other centers in Palm Beach County.
- 355 -
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
This program has the potential to have a long term, systemic impact on the community in which the
center resides. YVPP promotes self-empowerment at all levels of development. Regardless of social
status, economic resources, race or religion, all youth battle with decision-making. This program, along
with the collaborative efforts of the local business, churches, community, courts, schools and police can
and will change the future for the City of Boynton Beach for the good. Youth empowered by their
community, through their community and for their community are a powerful force of change. Once the
youth know that their communities are vested in their futures regardless of their past, they will be
invested to make the changes needed for a better tomorrow.
This program has the potential to reduce violent crime associated with youth, gang participation, and
drug use and has the potential to increase civic awareness, compassion, leadership and the potential to
change the landscape of this community through self-empowerment.
FISCAL IMPACT:
For FY 09/10 the City of Boynton Beach will be receiving $279,900 compared to FY 08/09 $285,000.
AL TERNA TIVES:
Not to enter into the 2009 Interlocal Agreement with Palm Beach County and forfeit the grant award.
- 356 -
RESOLUTION R09-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A ONE YEAR INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND PALM BEACH COUNTY FOR FUNDING IN THE
AMOUNT OF $279,900.00 TO CONTINUE
IMPLEMENTATION OF THE YOUTH VIOLENCE
PREVENTION PROJECT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Palm Beach County Board of County Commissioners directed the Criminal
Justice Commission to develop a Youth Violence Prevention Program which would address the increase
in violent firearms crimes; and
WHEREAS, on February 27, 2007 an Interlocal Agreement was entered into for a period of
three (3) years outlining the City of Boynton Beach's responsibilities and duties within the concept of
developing a Youth Empowerment Center; and
WHEREAS, due to budget cuts, no additional funding was available through the Board of
County Commissioners, however the Criminal Justice Commission was able to secure ARRA funding
and has decided to continue funding the Boynton Beach Youth Empowerment Center; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize
the City Manager to execute a one year Interlocal Agreement with Palm Beach County for funding in
the amount of $279,900.00 to continue implementation of the Youth Violence Prevention Program in
the City of Boynton Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
- 357 -
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
Upon recommendation of staff, this Commission does hereby authorize execution
of a one year Interlocal Agreement between the City of Boynton Beach and Palm Beach County for
funding in the amount of $279,900.00 to continue implementation of the Youth Violence Prevention
Program in the City of Boynton Beach, a copy of said Agreement is attached hereto and made a part
hereof as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST:
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 358 -
INTERLOCAL AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS,
PALM BEACH COUNTY, FLORIDA, AND
THE CITY OF BOYNTON BEACH, FLORIDA
THIS INTERLOCAL AGREEMENT is made the first day of October, 2009 by and
between the Board of County Commissioners, Palm Beach County, a political
subdivision of the State of Florida (herein referred to as the COUNTY), and the City of
Boynton Beach, a municipality located in Palm Beach County, Florida (herein referred to
as the CITY), each one constituting a public agency as defined in Part I of Chapter 163,
Florida Statutes.
WITNESSETH:
WHEREAS, Section 163.01 of the Florida Statutes, known as the Florida lnterlocal
Cooperation Act of 1969, authorizes local governmental units to make the most efficient
use of their powers by enabling them to cooperate with other localities on a basis of
mutual advantage and thereby to provide services and facilities in a manner and
pursuant to forms of governmental organization that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as
defined therein to enter into interlocal agreements with each other to exercise jointly any
power, privilege, or authority which such agencies share in common and which each
might exercise separately; and
WHEREAS, The Criminal Justice Commission (CJC), upon direction from the Board of
County Commissioners (BCC), continues the development of a Youth Violence
Prevention Project which addresses the increase in violent firearms crimes; and
WHEREAS, on December 5, 2006 the BeC approved funding to initiate partnerships
with Riviera Beach, West Palm Beach and Boynton Beach to implement the Youth
Violence Prevention Project; and
WHEREAS, the CITY has presented a proposal to initiate a partnership in accordance
with the Youth Violence Prevention Project guidelines; and
WHEREAS, the COUNTY will reimburse the CITY for the expenses outlined in the
Budget, Exhibit A, up to the amount of $279,900 from October 1, 2009 through
September 30, 2010 for the Youth Violence Prevention Project set forth in Exhibit B. A
copy of the budget is attached as Exhibit A and by this reference incorporated herein;
and
WHEREAS the CITY will provide services and expenditures in the targeted areas as set
forth in Exhibits A and B.
NOW, THEREFORE, in consideration of the mutual representations, terms and
covenants hereinafter set forth, the parties hereto agree as follows:
P~ge 1 of 8 Pages
- 359 -
SECTION 1. PURPOSE and PAYMENT
The CITY agrees that it shall implement a Youth Violence Prevention Project in
partnership with the COUNTY and adhering to the concepts proposed by the CJC and
approved by the BCC, outlined in the Youth Violence Prevention Project Scope of Work
in Exhibit 8. The COUNTY agrees to reimburse the CITY for the expenses identified in
Exhibit A for the Program in a total amount not to exceed $279,900.
The COUNTY'S Executive Director of the Criminal Justice Commission may authorize
adjustments in the inclusive budgeted items of up to 10"/" provided there is not an
increase in the total Agreement amount.
The COUNTY'S representative shall review in advance all capital, event, and trip
expenses in excess of $500_00_ All events/trips must have their own budgets. All
equipment and capital items costing more than $300.00 shall be inventoried and
marked. A list of all such items shall be provided to the COUNTY'S representative
within twenty (20) days of receipt and prior to payment by the COUNTY. In the event of
the termination of the Youth Violence Prevention Project by either party under this or
subsequent contracts, the items purchased hereunder shall be immediately transferred
to the COUNTY.
All subcontracts for services herewith, shall require prior review and written
authorization by the COUNTY'S representative.
SECTION 2. REPRESENTATIVE/MONITORING POSITION
The COUNTY'S representative/contract monitor during the term of this Agreement shall
be Brenda Oakes, whose telephone number is (561) 355-1617.
The CITY'S representative/contract monitor during the term of this Agreement shall be
Ms. Stacey Robinson whose telephone number is (561) 742-6643.
SECTION 3. EFFECTIVE DATE/TERMINATION
This Agreement shall take effect on October 1, 2009 and shall continue in full force and
effect up to and including September 30, 2010 unless otherwise terminated as provided
herein.
SECTION 4. RESPONSIBILITIES AND DUTIES
The CITY agrees to: provide services and sustain said services in accordance with the
Youth Violence Prevention Project Scope of Work delineated in Exhibit B.
SECTION 5. PAYMENTS/lNVOICING AND REIMBURSEMENT
The CITY shall submit monthly programmatic reports (Exhibit C) and monthly financial
invoices (Exhibit D) to the COUNTY which will include a reference to this Agreement,
identify the project and identify the amount due and payable to the CITY, as well as
Page 2 of 8 Pages
- 360 -
confirmation of the CITY's expenditures for the Project. Upon receipt and approval of
the CITY's monthly programmatic and fiscal invoices, included as part of Exhibit A, the
COUNTY will reimburse the CITY the not-to-exceed amount in accordance with the
budget (Exhibit A). Invoices shall be itemized in sufficient detail for prepayment audit
thereof. The CITY shall supply any further documentation deemed necessary by the
COUNTY, including detailed data for the purposes of evaluation of the Project. Invoices
received from the CITY will be reviewed and approved by the staff of the COUNTY'S
CJC, indicating that expenditure has been made in conformity with this Agreement and
then will be sent to the COUNTY's Finance Department for final approval and payment.
Invoices will normally be paid within thirty (30) days following approval.
SECTION 6, ACCESS AND AUDITS
The CITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in performing the work for at least three (3) years after completion of the
Project. The COUNTY shall have access to all books, records and documents as
required in this section for the purpose of inspection or audit during normal business
hours.
SECTION 7. BREACH/OPPORTUNITY TO CURE
The parties hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, the party not in default shall provide to the party in
default thirty (30) days written notice to cure said default before exercising any of its
rights as provided for in this Agreement.
SECTION 8. TERMINATION
This Agreement may be terminated by either party to this Agreement upon sixty (60)
days written notice to the other party.
SECTION 9. ATTORNEY'S FEES
Any costs or expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and/or conditions of this Agreement shall be borne by the
respective parties; however, this clause pertains only to the parties to this Agreement
SECTION 10. NOTICE AND CONTACT
All notices provided under or pursuant to the Agreement shall be in writing, delivered
either by hand or by first class, certified mail, return receipt requested, to the
representatives identified below at the address set forth below.
For the COUNTY:
Michael L. Rodriguez
Executive Director
Criminal Justice Commission
301 N. Olive Ave., Suite 1001
West Palm Beach, Florida 33401
With a copy to:
Page 3 of 8 Pages
- 361 -
Dawn Wynn, Assistant County Attorney
301 North Olive Avenue, 6lh Floor
West Palm Beach, FL 33401
For the CITY:
Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
SECTION 11. DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of the officers of the COUNTY and CITY
SECTION 12. FILING
A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm
Beach County.
SECTION13. LIABILITY
The parties to this Agreement and their respective officers and employees shall not be
deemed to assume any liability for the acts, omissions, and negligence of the other
party. Further, nothing herein shall be construed as a waiver of sovereign immunity by
either party, pursuant to Section 768.28, Florida Statutes.
SECTION 14. REMEDIES
This Agreement shall be construed by and governed by the laws of the State of Florida.
Any and all legal action necessary to enforce the Agreement will be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right,
power, or remedy hereunder shall preclude any other or further exercise thereof.
SECTION 15. EQUAL OPPORTUNITY PROVISION
The COUNTY and the CITY agree that no person shall, on the grounds of race, color,
sex, national origin, disability, religion, ancestry, marital status, sexual orientation or
gender identity or expression, be excluded from the benefits of, or be subjected to, any
form of discrimination under any activity carried out by the performance of this
Agreement.
SECTION 16. INSURANCE BY CITY OF BOYNTON BEACH
Without waiving the right to sovereign immunity as provided by s.768.28 F.S., CITY
Page 4 of 8 Pages
- 362 -
acknowledges to be self-insured for General Liability and Automobile Liability under
Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and
$200,000 Per Occurrence; or such monetary waiver limits that may change and be set
forth by the legislature.
In the event CITY maintains third-party Commercial General Liability and Business Auto
Liability in lieu of exclusive reliance of self-insurance under s.768.28 F.S., CITY shall
agree to maintain said insurance policies at limits not less than $500,000 combined
single limit for bodily injury or property damage.
The CITY agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statute 440.
When requested, CITY shall provide an affidavit or Certificate of Insurance evidencing
insurance, self-insurance and/or sovereign immunity status, which the COUNTY agrees
to recognize as acceptable for the above mentioned coverages. Compliance with the
foregoing requirements shall not relieve the CITY of its liability and obligations under
this lnterlocal Agreement.
SECTION 17. NOTICES
The CITY, and its subcontractors, shall include information in all public announcements,
presentations, advertisements, special events and printed materials relating to the
Youth Violence Prevention Project and its activities thereafter, that the funding has been
provided by the Palm Beach County Criminal Justice Commission and the Palm Beach
County Board of County Commissioners; failing to adhere to the notice requirement will
result in forfeiting reimbursement as it relates to the event.
SECTION 18. CRIMINAL HISTORY RECORDS CHECK
The CITY shall comply with the provisions of Ordinance 2003-030, the Criminal History
Records Check Ordinance ("Ordinance"), if the CITY'S employees or subcontractors are
required under this contract to enter a "critical facility" as identified in Resolution R-
2003-1274. The CITY acknowledges and agrees that all employees and subcontractors
who are to enter a "critical facility" will be subject to a fingerprint based criminal hIstory
records check. Although the COUNTY may agree to pay for all applicable FDLE/FBI
fees required for criminal history record checks, the CITY shall be solely responsible for
the financial, schedule, and staffing implications associated in complying with Ordinance
2003-030.
The CITY shall conduct a Criminal History Records Check including fingerprinting for all
CITY employees or subcontractors who are in direct contact with youth program
participants as per' Florida Statute, Chapter 435.
SECTION 19. REGULATIONS; LICENSING REQUIREMENTS
. The CITY shall comply with all laws, ordinances and regulations applicable to the
services contemplated herein, to include those applicable to conflict of interest and
collusion. The CITY IS presumed to be familiar with all federal, state and local laws,
Page 5 of 8 Pages
- 363 -
ordinances, codes and regulations that may in any way affect the services offered.
SECTION 20. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM (JAG)
The CITY agrees to be bound by the requirements of the Florida Department of Law
Enforcement, Edward Byrne Memorial Justice Assistance Grant Program (JAG)
Standard and Special Recovery Act Conditions as outlined in the attachments (Exhibits
E,F) and the attachments are incorporated by reference and made a part of this
Interlocal Agreement.
SECTION 21. CITY'S PROGRAMMATIC REQUIREMENTS
The CITY agrees to specific programmatic requirements, including but not limited to, the
following:
A. Maintain books, records, documents, and other evidence which sufficiently and
properly reflects all costs of any nature expended in the performance of this
lnterlocal, Agreement in accordance with generally accepted accounting
principles.
B. Maintain records in accordance with the Public Records Law, Chapter 119,
Florida Statutes.
C. No private or confidential data collected, maintained or used during the course of
the contract period shall be disseminated except as authorized by statute during
the contract period or thereafter.
D. To allow COUNTY through the Criminal Justice Commission to both fiscally and
programmatically monitor CITY to assure that its fiscal and programmatic goals
and conduct as outlined in the Scope of Work, Exhibit S, are adhered to.
Resources permitted, all contracted programs/services will be reviewed at least
yearly and possibly twice-yearly. Programmatic monitoring includes announced
and unannounced site visits. Outcomes will be reviewed on a quarterly basis.
The Criminal Justice Commission staff will utilize and review other funder's
licensing or accreditation monitoring results. Services will be monitored against
administrative and programmatic standards designed to measure program
efficiency and effectiveness. The CITY shall maintain business and accounting
records detailing the performance of the contract. Authorized representatives or
agents of the COUNTY and/or the Criminal Justice Commission shall have
access to records upon reasonable notice for purposes of review, analysis,
inspection and audit.
E. Reimburse funds to COUNTY that are deemed misused or misspent.
F. Submit a Report of Monthly Measurable Outcomes Report for each program,
within 5 days of the end of each calendar month (Le. January 5, for the month of
December) that reflects the CITY'S progress in attaining its goals as outlined in
Page 6 of 8 Pages
- 364 -
the Scope of Work, Exhibit B. Failure to provide this information in a timely
fashion and in the fonnat required will be grounds for financial reimbursements to
be withheld by COUNTY staff. All required data will be submitted to COUNTY
staff in MS Word or MS Excel format, Exhibit C.
G. Submit a Monthly Demographic Report based on the clients served by the
COUNTY funding. This report will be due 5 days from the end of each calendar
month. Failure to provide this information in a timely fashion and in the format
required will be grounds for financial reimbursements to be withheld by COUNTY
staff.. All required data will be submitted to COUNTY staff in MS Word or MS
Excel format.
Copies of the required COUNTY forms have been supplied to the CITY as attachments
to this Interlocal Agreement.
SECTION 22. CAPTIONS
The captions and section designations herein set forth are for convenience only and
shall have no substantive meaning.
SECTION 23. SEVERABILITY
In the event that any section, paragraph, sentence, clause, or provision herein shall be
held by a court of competent jurisdiction to be invalid, such shall not affect the remaining
portions of this Agreement and the same shall remain in full force and effect.
SECTION 24. ENTIRETY OF AGREEMENT
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, written or oral,
relating to this Agreement.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
Page 7 of 8 Pages
- 365 -
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County,
Florida has made and executed this Interlocal Agreement on behalf of the COUNTY and
CITY has hereunto set its hand the day and year above written.
ATTEST:
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
Sharon R. Bock, Clerk and Comptroller
By:
By:
Deputy Clerk
John F. Koons, Chairperson
(SEAL)
WITNESSES:
CITY: Boynton Beach, FL
Kurt Bressner, City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO TERMS
AND CONDITIONS
By:
County Attorney
By:
Michael L. Rodriguez, Executive Director
Criminal Justice Commission
Page 8 of 8 Pages
- 366 -
EXA
II
2009-2010 UNIFORM BUDGET
Full Name of Funder
Palm Beach Count I Criminal Justice Commission
Fundin Period:
From: October 1, 2009
To: September 30,2010
Full Leoal Name of Aoency Local Address of Aqency
City of Boynton Beach 225 NW. 12th Ave.
Boynton Beach, FL 33435
Telephone Number Fax Number
561-742-6643 561-369-2418
Prepared By .
Sionatute Typed NameandTitle
Stacey Robinson
Director, YVPP
Date Submitted Teleohone Number
09/31/09 561-742-6643
AuthorizedSionature ,
Signature :Mie
Director, yvpp
Typed Name Date
Stacey Robinson 9/31/09
Agency:
Program:
FORM A: INDIVIDUAL PROGRAM BUDGET NARRATIVE
FOR: PALM BEACH COUNTY, CRIMINAL JUSTICE COMMISSION
City of Bovnton Beach
P:
Proposed Budget For Y car Ending:
September 30.20
PBC Requested
REVENUES Amount Balance
1. Funds from Govenunent Sources
2. Dept. of Children & Families
3. Palm Beach County (Criminal Justice Commission) $279,900
4. Children's Services Council
5. Federal (Specify)
6. School District
7. Olher
8. United Way
Sa. United Way of Palm Bch Cty
Sb United Way/Community Chest
Sc. Other United Way
9 Foundation (Specify)
10. Fund Raising
11. Contributions,Legacies & Bequests
12. Membership Dues
13. Program Service Fees and Sales
14. Investment Income
15. In-Kind (City of Boynton Beach)
16. Miscellaneous Revenue
17.Total Revenues $279,900 $380
AJI Financial Information Rounded to Nearest Dollar
Agency:
City of Bovnton Beach
FORM A: INDIVIDUAL PROGRAM BUDGET NARRATIVE
Proposcd Budget For Year Ending:
PI
September 30, 20'
EXPENDITURES PBC Requested
Amount Balance
18. Salaries (YVPP Director/ Teen Program Coordinator) 98,700.00
19. Emplo)'ee Benefits
a. FrCA 7,550.00
b. Benefits 14,000.00
c.
d.
20. Sub-Total Employee Benefits 21,550.00
21. Sub-Total Salaries & Benefits
. 120,250.00 O.U
22. Travel
a. Travel/Transportation/Mileage 500.00
b. Conferences/Registration/Travel 0.00
23. Sub-Total Travel O.U
500.00
24. Building/Occupancy
a. Rent
b. Depreciation
25. Sub- Tolal Building/Occupanc)' O.U
0.00
26. Communication sIU tiliti es
a. Compuler, iIllerneL phone suppliment 4,000.00
b. Postage & Shipping 150.00
c. Utililies (Power/Water/Gas) .
27. Sub-Total Communications/Utilities 4,150.00 O.U
All Financial Information Rounded to Nearest Dollar
FOR1\'I A: INDIVIDUAL PROGR<\M BUDGET NARRATIVE
Agency:
City of Bovnton Beach
Proposed Budget For Year Ending:
Pl
September 30. 20'
EXPENDITURES PBe Requested
Amount Balance
28. Printing & Supplies
a. Office Supplies 1,500.00
b. Program Supplies (Supplies for meetings to include games/cards/educational materials/etc.) 2,000.00
c. Printing & Publications 2,000.00
29. Sub-Total Printing & Supplies
5,500.00 0.(
30. Food Service (For community meetings and special events) 3,000.00
31. Other
a. Professional Fccs/Contractual/Lcgal
b. Insurance
c. Building Maintenance!Rennovations (Modifications needed to upgrade Youth Empowerment Center/dsl/computer lab) 500.00
d. Equipment Rental & Maintenance
e. Specific Assistance to Individuals
f. Membership Dues
g. Training & Development (Staff and youth to atlend local youth training, events, outings) 5,000.00
h. Awards & Grants (Awarded to ogranizations to provide/expand existing servies to youth and teens in target area) 86,000.00
i, Payments to Affiliated Organizations
j, Payments to 'Jon Affiliated Organizations 50,000.00
k. Miscellaneous
32. Sub-Total Other O.~
141,500.00
33. Equipment Purchase (Gcncral purchases for Youth Empowerment Center) 5,000.00
34. Indirectl Administrative Costs
35. Total Expenditures 279,900.00 0.(
36. Total administrative cost of DrOl!ram
All Financial Information Rounded to Nearest Dollar
FORM A-I PERSONNEL BUDGET NARRATIVE
FOR FUNDER: Palm Beach County, Criminal Justice Commission
Agency: Cit), of Boynton Beach
Program: yvpp
Budget for Fisc.al Year October I, 2009 - September 30, 2010
Personnel %of Dates Number of Salary Per Pereen tage
Agency Salary of Total Amount Total
Time Pay Periods Pay Period
Positions/Salaries From To Salary
YVPP Director 100 $57,750.00 10/1/08 9/30/09 26,00 2221.15 100.00 $57,750.00 $57,750.1
Teen Program Coordinator 100 $40,950.00 1011/08 9/30/09 26.00 1575.00 100,00 $40,950.00 $40,950.1
Sub- Total Salaries $98.700,00 $98.700.00 $98.700.4
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
ExA
FORM C: TOTAL AGENCY BUDGET BY PROGRAM
Agency:
City of Bovnton Beach
Proposed Budget For Year Ending:
September 30, 2009
rum '.":"".C"":".",:,,,'.' > <<<
."c >,
"'" <.c c., ,',., ... ,c',c",c , ",' ,)/"""""""""",,,,,"c. .,
(1) (2) (3) (4) (5) (6) (7)
Items
PROGRAM NAME BBYVPP
I. FlInds from Government Sources
lac Dept. of Children & F8milies
lb. Palm Bea~h Counly (CJC) $279,900.00 :
Ie. Children's Services Council
ld. Federal (Specify)
Ie. School Dislricl
If. Other
2. United Way
2a. United Way of Palm Bch Cty
2b. United Way/Community Chest
2c. Olher UniLeu Way
3. Foundation (Specify)
4. Fund Raising
5. Contributions,Legacies & Beyue,ts
6. Membership Dues
7. Program Service Fees and Sales
8. lnvestmenl Income
9. In-Kind (City of Boynton Beach) $380,000.00 ~
10. Miscellaneous Revenue
1l.Total Revenues $659,900.00 $0 $0 $0 $0 $0.00 ~
ExA
FORM C: TOTAL AGENCY BUDGET BY PROGRAM
Agenq- :
City of Boynton Beach
Proposed Budget For Year Ending:
~r~i ,< ,.,>, >,,>
>>, >',.>'""
",'
/'" '"." >../> .\ ,,< , "
.".". """, " '" "" <:". ,> "':"'.,.
.j (: .j ,.,.
Items
PROGRAM NAME BBYVPP
12. Salaries $98,700,00
13. ' Employee Benefits
a. FICA $7,550.1)0
b, I3enefits $14,000.00
14. Sub- Total Salaries and Benefits $120,250.00 $0 $0 $0 $0 $0.00 $
15. Travel
a. Travel/Transportation $50000
b. ConferenceslRegistmtionfTravel
16. Sub-Total Travd $500.00 $0 $0 $0 SO $0.00
17. Building/Ownership/Oew paney
a, Rent
b Depreciation
Sub-Total BldglOwnership/Occupancy SO.OO $0 $0 SO $0 $0.00
18. Communieations/U til ities
a. Telephone $4,000.00
b. Postage & Shipping $150.00
ExA
FORM C: TOTAL AGENCY BUDGET BY PROGR4.M
Agency:
City of Bovnton Beach
Proposed Budget For Year Ending:
$0,0(
~N~~~m.i '>< ./} ...
.'
.\< ..' (i\ . ......... ;.," ) i) (7)
[2
Items
PROGRAM NAME BBYVPP
c. Utilities (Power/Water/Gas)
19. Sub-Total Comm/Utilities $4,150,00 $0 $0 $0 $0 $0.00
20. Printing & Supplies
a. Office Supplies $1,500.00
b, Progr~m Supplies $2,000.00
c, Printing & Puhlicatiom $2,000.00
21. Sub- Total Printing & Supplies $5,500.00 $0 $0 SO $0 $0.00
22. Food Service $3,000.00
.
23. Other
a. Professional FeesIContr~ctual/Leg~1
b. Insuranc~
c. Building Maintenance/Rennovations $500.00
d, Equipment Rental & Maintenance
ExA
,FORM C: TOTAL AGENCY BUDGET BY PROGRAM
Agenq-:
City of Bovnton Beach
Proposed Budget For Year Ending:
'ffiW"m , : ,>
"., >
>> ..... >!.}
.... ,
(1) (2) (3) (4) (5) (6) (7)
Items
PROCRAM NAME BBYVPP
e. Spedt1c Assistance to Individuals
f. Membership Dues
g. Training & Development $5,000.00
h. Awards & Grants $86,000.00
i. Payments to AftJliated Ot'ganizations
J. Payments to Non Affiliated Organizations $50,000.00
k. Miscellaneous
14. Sub-Total Other S141,500.00 SO $(1 SO SO $0.00 ~
15. Equipment Purchase (capital items) $5,000.00
26. Indirect/Admin Costs
27. Total Expenditures $279,900.00 $0 $0 $0 $0 $0.00 3
FORM C-l: TOTAL AGENCY SALARIES BY POSITION
FOR: PALM BEACH COUNTY, CRIMINAL JUSTICE COM1\HSSION
Agency: City of Boynton Beach
For Year Ending September 30, 201
Position Title # of Positions Base Salan (Not includinl! benefits)
1 YVPP Director 1.00 $57,75(
2 Teen Program Coordinator 1.00 $40,95(
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
TOTAL 2.00 $98,701
~
Youth Violence Prevention Program
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
EXA
City of Boynton Beach YVPP 2009-2010 Budget Narrative
Salaries: A request for 98,700 will cover salaries for the Director of the
YVPP Program and Teen Program Coordinator. The salaries will be 100%
covered by the grant and are two full time positions. The salaries are
delineated as follows: Director of YVPP Program 57,750 and Teen
Program Coordinator 40,950.
Benefits: A request for 21,550 (FICA 7,550 and 14,000 insurance) will cover
benefits for the Director of the YVPP Program and the Teen Program
Coordinator. This request is being made to cover 100% of benefits
package to grant funded staff.
Travel: 500
Transportation: 500 - This request is being made to allow one staff
person to travel to Crime Prevention conferences as well as conferences
suggested by CJC or other agencies associated with YVPP. This would
cover the cost of airfare, car rental, fuel or any other expense associated
with getting to or back from the conference.
Communications and Utilities: 4,150
Telephone: 4,000 ;;;;; monthly cell phone charges association with the
YVPP program.
Postage and Shipping: 150;;;;; miscellaneous postage and shipping
charges. .
Printing and Supplies: 5,500
This request is split into three areas
Office supplies: 11500
Programming supplies: 21000
Printing and Publications for marketing: 2,000
Food Service: 3,000
This request is being made for a number of community events in planning
directly associated with YVPP. 1) Community Outreach Events 2) Youth
Empowerment Center snacks and drinks 3) Program/meeting snacks and
drinks.
Page 2
09-10 Budget Narrative
City of Boynton Beach 'NPP
- 377 -
EXA
Other: 141,500
Building Maintenance and Renovation: 500 is requested for
modifications needed for youth room, game room, or the computer lab.
Training and Development: 5,000 - this area is mainly for youth
council and youth council workers. This would allow the youth council to
participate in training outside ~he city limits. Further growth and develop
as well as seeing other peers striving for the same outcomes.
Awards and Grants: 86,000- We currently have nine service providers
seeking funding for the 2008-2009 year, Gulfstream Boy Scouts of
America, Hooked on Fishing Not on Drugs, Kids Korner, Power Through
Peace Productions.
RMLEE(Lamplighters)- Employment Skills, male mentoring
Unlimited Dance - Dance and Cultural Arts
Reapers Football - non - competitive sports program and life skills
Hooked on Fishing Not on Drugs - Drug resistance and intervention
Kids Korner - Audio/Visual Production
Payment to non-affiliated Organizations: 50,000 monies used for
guest speakers or an event that is normally outside but is beneficial to the
community and its youth residence, ex. Missiontrips, one time programs
through-out the year, leadership retreat training trips and other speCific trips or
outings.
Angela Williams - Girls and Her Pears
Art in Public Places - 4 art programs throughout the year
Greg Russo - Computer
Equipment Purchases: 5,000 monies requested for general equipment
purchases for youth empowerment center.
- 378 -
INTERLOCAL AGREEMENT BETWEEN THE BOARD OF
COUNTY COMMISSIONERS, PALM BEACH COUNTY,
FLORIDA AND FLORIDA ATLANTIC UNIVERSITY,
BOCA RATON, FLORIDA
THIS INTERLOCAL AGREEMENT is made the first day of October, 2009 by and between the
Board of County Commissioners, Palm Beach County, a political subdivision of the State of
Florida (herein referred to as the COUNTY), and Florida Atlantic University (herein referred to
as the UNIVERSITY), each one constituting a public ageney as defined in Part I of Chapter 163,
Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal Cooperation Act
of 1969" authorizes public agencies to make the most efficient use of their powers by enabling
them to cooperate with other localities on a basis of mutual advantage and thereby to provide
services and facilities that will harmonize geographic, economic, population and other factors
influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies defined therein to
enter into interlocal agreements with each other to jointly exercise any power, privilege, or
authority which such agencies share in common and which each might exercise separately; and
WHEREAS, The UNIVERSITY, in conjunction with the Safe Schools Initiative of the School
District of Palm Beach (SOPS), will develop and implement restorative justice alternatives to
zero tolerance in one high-risk school district, during the 2009/2010 school year; and
WHEREAS, A growing body of evidence has shown that restorative justice initiatives in schools
ean considerably reduce overall numbers of suspensions, expulsions and disciplinary
infractions; and
WHEREAS, The Criminal Justice Commission has recommended the use of Federal Edward
Byrne Memorial Justice Assistance Grant funds to support the partnership by providing funds for
the UNIVERSITY to participate; and
WHEREAS, the COUNTY, will reimburse the UNIVERSITY for the expenses outlined in the
Budget Narrative in Exhibit B, up to the amount of $100,000 from October 1, 2009 through
September 30, 2010 for the Restorative Justice Project (RJP) set forth in Exhibit A. A copy of
the budget is attached as Exhibit B and by this reference incorporated herein; and
WHEREAS the UNIVERSITY will provide services and expenditures in the targeted areas as
set forth in Exhibits A and B; and
WHEREAS, the grant will be used to pay for training, and implementation of Restorative Justice
in at least two Youth Empowerment Centers and one high or middle school and the parties
desire to enter into this Agreement in order to formalize their relationship with respect to this
grant
- 379 -
NOW THEREFORE, in consideration of the mutual representations, terms, and covenants
hereinafter set forth, the parties hereto agree as follows:
Section 1, Purpose and Payment
A. The purpose of this Agreement is to have the UNIVERSITY develop and implement a
Restorative Justice Project in conjunction with the SOPS. The Project will develop and
implement restorative justice alternatives to zero tolerance in one high-risk school
district during the 2009/2010 school year as further described in Exhibit A, Scope of
Work.
B. Upon receipt and approval of the UNIVERSITY'S invoices the COUNTY will pay the
UNIVERSITY the not-to-exceed amount of $100,000.00, as outlined in Exhibit B.
C. The UNIVERSITY will provide reports as requested by the COUNTY. The data collected
will be used to evaluate the progress toward the Byrne/JAG requirements and the
outputs and performance measures described in Exhibit A.
SECTION 2. REPRESENTATIVE/MONITORING POSITION
The COUNTY'S representativefcontract monitor durIng the term of this Agreement shall be
Becky Walker, whose telephone number is (561) 355-1739.
The UN1VERSITYS representative/contract monitor during the term of this Agreement shall be,
Dr. Mara Schiff whose telephone number is (954) 599-5529.
SECTION 3. EFFECTIVE DATE/TERMINATION
This Agreement shall take effect on October 1, 2009 and shall continue in full force and effect
up to and including September 30, 2010 unless otherwise terminated as provided herein.
SECTION 4. RESPONSIBILITIES AND DUTIES
The UNIVERSITY agrees to: provide services and sustain said services in accordance with the
Scope of Work delineated in Exhibit A.
SECTION 5. PAYMENTS/INVOICING AND REIMBURSEMENT
The UNIVERSITY shall submit monthly programmatic reports and monthly financial invoices to
the COUNTY which will include a reference to this Agreement, identify the projeet and identify
the amount due and payable to the UNIVERSITY, as well as eonfirmation of the UNIVERSITY's
expenditures for the Project. Upon receipt and approval of the UNIVERSITY's monthly
programmatic and fiscal invoices, included as part of Exhibits A and S, the COUNTY will
reimburse the UNIVERSITY the not-to-exceed amount in accordance with the budget (Exhibit
B). Invoices shall be itemized in sufficient detail for prepayment audit thereof. The
UNIVERSITY shall supply any further documentation deemed necessary by the COUNTY,
including detailed data for the purposes of evaluation of the RJP. Invoices received from the
UNIVERSITY will be reviewed and approved by the staff of the COUNTY'S CJC, indicating that
expenditure has been made in conformity with this Agreement and then will be sent to the
COUNTY's Finance Department for final approval and payment. Invoices will normally be paid
within thirty (30) days following approval.
2
- 380 -
SECTION 6. ACCESS AND AUDITS
The UNIVERSITY shall maintain adequate records to justify all charges, expenses, and eosts
incurred in performing the work for at least three (3) years after completion of the RJP. The
COUNTY shall have access to all books, records and documents as required in this section for
the purpose of inspection or audit during normal business hours.
SECTION 7. BREACH/OPPORTUNITY TO CURE
The parties hereto expressly covenant and agree that in the event either party is in default of its
obligations herein, the party not in default shall provide to the party in default thirty (30) days
written notice to cure said default before exercising any of its rights as provided for in this
Agreement.
SECTION 8. TERMINATION
This Agreement may be terminated by either party to this Agreement upon thirty (30) days
written notice to the other party.
SECTION 9. ATTORNEY'S FEES
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement
of the terms and/or conditions of this Agreement shall be borne by the respective parties;
however, this clause pertains only to the parties to this Agreement.
SECTION 10. NOTICE AND CONTACT
All notices provided under or pursuant to this Agreement shall be in writing, delivered either by
hand or first class, certified mail, return receipt requested, to the representatives identified below
at the addresses set forth below:
For the COUNTY:
Michael L. Rodriguez, Executive Director
Criminal Justice Commission
301 North Olive Avenue, Suite 1001
West Palm Beach, FL 33401
with a copy to:
Dawn Wynn, Assistant County Attorney
301 North Olive Avenue, 6th Floor
West Palm Beach, FL 33401
If sent to the UNIVERSITY, notiees shall be mailed to:
Dr. Mara Schiff
Florida Atlantic University
777 Glades Road
Boca Raton, Florida 33431
SECTION 11. DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the constitutional or
statutory duties of the officers of the COUNTY and the UNIVERSITY.
3
-381-
SECTION 12. FILING
A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm Beach
County.
SECTION 13. LIABILITY
The parties to this Agreement and their respective officers and employees shall not be deemed
to assume any liability for the acts, omissions, and negligence of the other party. Further,
nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to
Section 768.28, Florida Statutes.
SECTION 14. REMEDIES
This Agreement shall be construed by and governed by the laws of the State of Florida. Any
and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No
remedy herein conferred upon any party is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No
single or partial exercise by any party of any right, power, or remedy hereunder shall preclude
any other or further exercise thereof.
SECTION 15, EQUAL OPPORTUNITY PROVISION
The COUNTY and the UNIVERSITY agree that no person shall, on the grounds of race, color,
sex, national origin, disability, religion, ancestry, marital status, sexual orientation or gender
identity or expression, be excluded from the benefits of, or be subjected to any form of
discrimination under any activity carried out by the performance of this Agreement.
SECTION 16. INSURANCE BY THE UNIVERSITY
Without waiving the right to sovereign immunity as provided by s. 768.28 F.S., the UNIVERSITY
acknowledges to be self-insured for General Liability and Automobile Liability under Florida
sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per
Occurrence; or such monetary waiver limits that may change and be set forth by the legislature.
In the event UNIVERSITY maintains third-party Commercial General Liability and Business Auto
Liability in lieu of exclusive reliance of self-insurance under 3.768.28 F.S., the UNIVERSITY
shall agree to maintain said insurance policies at limits not less than $500,000 combined single
limit for bodily injury or property damage.
The UNIVERSITY agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statute 440.
When requested, the UNIVERSITY shall provide an affidavit or Certificate of Insurance
evidencing insurance, self-insurance and/or sovereign immunity status, which the COUNTY
agrees to recognize as acceptable for the above mentioned coverages. Compliance with the
foregoing requirements shall not relieve the UNIVERSITY of its liability and obligations under
this Interlacal Agreement.
4
- 382 -
SECTION 17.
In the event the University utilizes subcontractors to provide services pursuant to this
agreement, such subcontractors shall be subject to the conditions of this agreement. The
County reserves the right to accept or to reject the selection of a subcontractor and to inspect
the facilities of any subcontractor to determine the capability of the subcontractor to perform
properly under this contract.
SECTION 18. NOTICES
The UNIVERSITY, and its subcontractors, shall include information in all public announcements,
presentations, advertisements, special events and printed materials relating to the Youth
Violence Prevention Project and its activities thereafter, that the funding has been provided by
the Palm Beach County Criminal Justice Commission and the Palm Beach County Board of
County Commissioners; failing to adhere to the notice requirement will result in forfeiting
reimbursement as it relates to the event.
SECTION 19, CRIMINAL HISTORY RECORDS CHECK
The UNIVERSITY shall conduct a Criminal History Records Check including fingerprinting for all
UNIVERSITY employees or subcontractors, if any, who are in direct contact with youth program
participants as per Florida Statute, Chapter 435. The COUNTY and the University also agree to
comply with the provisions of Ordinance 2003-030, the Criminal History Records Check
Ordinance ("Ordinance"), if employees or subcontractors are required under this Agreement to
enter a "critical facility" as identified in Resolution R-2003-1274. All employees who enter a
"critical facility" will be subject to a fingerprint based criminal records check. Although the
COUNTY agrees to pay for all applicable FDLE/FBI fees required for criminal history checks,
the UNIVERSITY agrees to be responsible for the financial, schedule and staffing implications in
complying with Ordinance 2003-030.
SECTION 20. REGULATIONS; LICENSING REQUIREMENTS
The UNIVERSITY shall comply with all laws, ordinances and regulations applicable to the
services contemplated herein, to include those applicable to conflict of interest and collusion.
The UNIVERSITY is presumed to be familiar with all federal, state and local laws, ordinances,
codes and regulations that may in any way affect the services offered.
SECTION 21. Florida Department of Law Enforcement, Edward Byrne Memorial Justice
Assistance Grant Program (JAG)
The UNIVERSITY agrees to be bound by the requirements of the Florida Department of Law
Enforcement, Edward Byrne Memorial Justice Assistance Grant Program (JAG) Standard and
Special Recovery Act Conditions as outlined in the attachmenls (Exhibits C, D) and the exhibits
are incorporated by reference and made a part of this Interlocal Agreement.
5
- 383 -
SECTION 22. UNIVERSITY'S PROGRAMMATIC REQUIREMENTS
The UNIVERSITY agrees to specific programmatic requirements, including but not limited to,
the following:
A. Maintain books, records, documents, and other evidence which sufficiently and properly
reflects all costs of any nature expended in the performance of this Interlacal,
Agreement, in accordance with generally accepted accounting principles.
B. Maintain records in accordance with the Public Records Law, Chapter 119, Florida
Statutes.
C. No private or confidential data collected, maintained or used during the course of the
contract period shall be disseminated except as authorized by statute during the contract
period or thereafter.
D. To allow COUNTY through the CRIMINAL JUSTICE COMMISSION to both fiscally and
programmatically monitor UNIVERSITY to assure that its fiscal and programmatic goals
and conduct as outlined in the Scope of Work, Exhibit A, are adhered to. Resources
permitted, all contracted programs/services will be reviewed at least yearly and possibly
twice-yearly. Programmatic monitoring includes announced and unannounced site visits.
Outcomes will be reviewed on a quarterly basis. The CRIMINAL JUSTICE
COMMISSION staff wil.1 utilize and review other funding agencies' licensing or
accreditation monitoring results. Services will be monitored against administrative and
programmatic standards designed to measure program efficiency and effectiveness.
The UNIVERSITY shall maintain business and accounting records detailing the
performance of the contract. Authorized representatives or agents of the COUNTY
and/or the CRIMINAL JUSTICE COMMISSION shall have access to records upon
reasonable notice for purposes of review, analysis, inspection and audit.
E. To support programmatic monitoring and evaluation, the UNIVERSITY will eomplete and
submit a "logic model form" that will identify the UNIVERSITY'S program activities,
outputs, and desired outcomes (immediate, intermediate, and long-term) to the
satisfaction of the authorized representatives or agents of the COUNTY and/or the
CRIMINAL JUSTICE COMMISSION. The completed satisfactory "logic model form"
must be submitted to the COUNTY within 30 days after the CONTRACT is in force.
Training will be provided by the COUNTY and/or CRIMINAL JUSTICE COMMISSION to
help the UNIVERSITY complete the "logic model form".
F. Reimburse funds to COUNTY that are deemed by the COUNTY in its sole discretion to
be misused or misspent.
G. Submit a Report of Monthly Measurable Outcomes Report for each program, within 5
days of the end of each calendar month (i.e. January 5, for the month of December) that
reflects the UNIVERSITY'S progress in attaining its goals as outlined in the Scope of
Work, Exhibit A. Failure to provide this information in a timely fashion and in the format
required will be grounds for financial reimbursements to be withheld by County staff. All
data will be submitted via the Criminal Justice Commission staff in MS Word or MS
Excel format.
6
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H. Where applicable the University will submit a Monthly Demographic Report based on the
clients served by the COUNTY funding. This report will be due 5 days at the end of each
calendar month. Failure to provide this information in a timely fashion and in the format
required will be grounds for financial reimbursements to be withheld by County staff. All
data will be submitted via the Criminal Justice Commission staff in MS Word or MS
Excel format. The UNIVERSITY that does not provide services to clients directly or
indirectly is exempt from this reporting requirement.
Copies of the required COUNTY forms have been supplied to the UNIVERSITY as exhibits to
this Interlocal Agreement
SECTION 23. CAPTIONS
The captions and section designations herein set forth are for convenience only and shall have
no substantive meaning.
SECTION 24, AVAILABILITY OF FUNDS
The COUNTY'S performanee and obligation to pay under this Agreement for subsequent fiscal
years is contingent upon annual appropriations for its purpose by the Board of County
Commissioners.
SECTION 25. MODIFICATIONS OF WORK
The COUNTY reserves the right to make changes in Scope of Work, including alterations,
reductions therein or additions thereto. Upon receipt by the UNIVERSITY of the COUNTY'S
notification of a contemplated change, the UNIVERSITY shall, in writing: (1) provide a detailed
estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
COUNTY of any estimated change in the completion date, and (3) adVise the COUNTY if the
contemplated change shall affect the UNIVERSITY'S ability to meet the completion dates or
schedules of this Agreement.
SECTION 26. SEVERABILITY
In the event that any section, paragraph, sentence, clause, or provision herein shall be held by a
court of competent jurisdiction to be invalid. such shall not affect the remaining portions of this
Agreement and the same shall remain in full force and effect.
SECTION 27. ENTIRETY OF AGREEMENT
The parties agree that this Agreement sets forth the entire agreement between the parties, and
there are no promises or understandings other than those stated herein.
7
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IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beaeh County, Florida
has made and executed this Agreement on behalf of the COUNTY and Camille Coley has
executed this Agreement on behalf of the UNIVERSITY on the day and year first above written.
ATTEST:
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
Sharon R. Bock, Clerk and Comptroller
By:
By:
Deputy Clerk
John F. Koons, Chairman
(SEAL)
WITNESS:
FLORIDA ATLANTIC UNIVERSITY
Camille Coley
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO TERMS
AND CONDITIONS
By:
County Attorney
By:
Michael L. Rodriguez, Executive Director
Criminal Justice Commission
8
- 386 -
Exhibit B
Criminal Justice Commission
Scope of Work for Youth Violence Prevention Project
Each participating city, in recognition of the findings of the Criminal Justice
Commission's Youth Violence Prevention Project Steering Committee that youth
violence must be addressed in a comprehensive and systematic way, wishes to
participate in this worthwhile project.
Each participating city agrees to:
. Abide by the requirement that all city-related projects and efforts will
service the residents within the identified geographic areas as outlined
by Criminal Justice Commission maps
. The city will make a commitment of building space for services within
the identified geographical areas
. Design a phase-in plan, including timeline, for the creation of a Youth
Empowerment Center
. Design a phase-in plan, including timeline, for a Justice Service Center
. Participate in the multi-agency task force law enforcement component
of the Youth Violence Prevention Project
. Utilize the findings of the Project's 500 youth surveys to develop and
prioritize youth empowerment programs
. Pay the city's portion of all goods, services, and personnel used in
connection with this project
. Develop separate community advisory boards for youth and young
adults
. Participate in all aspects of evaluation including data collection, data
sharing, site monitoring and visits
Background:
The Criminal Justice Commission utilized a national model created by the U.S.
Department of Justice, Office of Justice Programs for the development of the
Youth Violence Prevention Project. A comprehensive approach was developed
using the research compiled by Florida State University and involved
professionals from the criminal justice system, education, and human services,
and local youth. Florida State University, Center for Public Policy in Criminal
Justice, assimilated and analyzed local violent crime data which demonstrates,
after a decline from 1994-2002, a significant increase in murders and firearms
crimes. Four subcommittees, including crime prevention, law enforcement, courts
and corrections, developed a strategic plan. A Youth Workgroup was formed with
25 youth from various areas of the county. The Workgroup surveyed over 500
youth, including juveniles in jail and on Department of Juvenile Justice probation.
The recommendations made by the Workgroup have been incorporated into the
overall plan. The research supports that a multi-agency comprehensive
approach is the most effective. The project incorporates the model programs and
the recommendations from the Subcommittees.
1
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Exhibit B
Components:
1. Crime Prevention:
The establishment of a Youth Empowerment Center in each targeted area
that provides activities and services to youth ages 13-18, including after
school programs and activities, tutoring/mentoring, job training for in school
and out of school youth, information on resources, gang prevention outreach,
parenting classes, employment services, Safe Schools Programs and
transportation.
2. Law Enforcement:
The law enforcement strategies include:
a. Provide training for all law enforcement agencies on the collection of
evidence by standardization of evidence collection policies, procedures
and training
b. Utilization of the newer technology "license plate recognition cameras"
in each of the targeted areas
c. Community oriented police officer in each targeted area
d. Ad campaigns utilizing bus shelters and billboards to assist in cold
case investigations, provide crime prevention tips, and to make people
aware of the penalties for gun crimes
e. Gun safety programs, including working with gun dealers to better
secure the firearms
f. Multi-Agency Task Forces
i. Violent Crimes Task Force
ii. Joint operations with Alcohol, Tobacco, Firearms, and
Explosives
3. Courts:
The strategies for the Courts component are designed to divert youth from
the juvenile justice system and provide the judiciary with additional
sanctions.
a. Extend Youth Court within each targeted area
b. Establish Aggression Replacement Therapy (ART) as a specialized
program for violent juvenile offenders. ART provides an alternative
treatment program to stem the violence at an earlier age
c. Initiate judicial training on ways to involve the parents more in the
judicial process to reduce the likelihood of recidivism
d. Fund new prosecutor to handle violent firearm crimes with defendants
up to 29 years of age and to work with law enforcement on the
prosecution of these crimes
2
- 388 -
Exhibit B
4. Corrections:
Establish a Justice Service Center in each targeted area to provide
assistance to juvenile and young adult offenders up to age 29. The Justice
Service Center provides services either on-site or through referrals. These
services include employment, substance abuse, mental health, legal
assistance, re-entry assistance, life skills, and probation sanction assistance.
Educational programs such as Safe Schools and Career Academies, and law
enforcement strategies except for the cameras and the community oriented
police officer would be countywide. Each targeted area will have an Advisory
Board of residents and a TeenlYouth Council. For each area, a Memorandum
of Understanding will describe the participation of the local government,
human service agencies, foundations and other funding sources. The CJC
will maintain oversight until all sites have been established.
The specific programs are: Youth Empowerment Centers and Justice Service
Centers in the five targeted areas incorporate all four components of the plan.
Memorandums of Understanding will be completed by Criminal Justice
Commission.
Youth Empowerment Center Programs: Responsibility
__"'0""- _,___
Youth Empowerment Facility City
Youth/Teen Advisory Council City
Councilor Board of youth from the target area to meet
regularly to recommend programs and policies of the
Youth Empowerment Center
Teen Center City
Provide educational and recreational programming.
Maintain a clean safe and secure environment. Work
with the youth council to identify new educational
recreational programs, activities and special events.
Provide a monthly calendar for public release no later
than the 1 st day of the month.
Alternative Education-Career Academy MOU with School District
Designated Career Academies would provide and Charter School
opportunities for in school and out of school youth
without regard to grade point average.
Develop a pilot career academy through a charter I
school to be located within the targeted area and based I
on the career choices that the Youth Council and
Citizen Advisory_~oard identify. --,.---
Courts Courts/City
Partner with Alternative Sanctions by participating in
the Evenina Reoortina Center prograll} -
3
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After-school Activities
Provide a variety of the latest Recreational programs:
martial arts, yoga, surfing, swimming, tennis hip hop
dance, orqanized sport.
Tutoring
Provide before school/after-school tutoring, including
FCAT skill building
Mentoring
Provide mentors for youth to support and be positive
role models
Job Training
Workforce Alliance is funding a program for
approximately 100 at-risk youths to prepare them for
careers and jobs that are in demand in Palm Beach
County. The program will supplement existing
programs at the high schools of the. county and provide
additional resources. Junior Achievement of the Palm
Beaches will manage the program with the objective of
motivating selected at-risk youth to graduate, providing
them additional workplace skills and then assist them
with job placement
Workforce Alliance has contracted with three agencies
. to carry out academic and job-training services for at-
risk and disadvantaged youth in Palm Beach County on
a year-round basis. Priority will be given to proposals
to serve the youth in those areas of the county that
were pointed out the research sponsored by the Youth
Violence Prevention Committee. Alliance expects to
bring the selected programs to over 500 youths, both
in-school and out-of-school
Information on Resources
Provide information on existing resources for youth
including school programs, job training and
employment opportunities, services available
Community Outreach
A worker to intervene with youth in the Youth
Empowerment Center area to engage them in positive
activities.
.-
Employment Services
Workforce Alliance is funding a program for
aooroximatelv 100 at-risk youths to prepare them for
4
- 390 -
Exhibit B
City
City
City
MOU with Workforce
Alliance and Palm Beach
Community College
City and MOU with
collaborating agencies
City
MOU with Workforce
Alliance
Exhibit B
careers and jobs that are in demand in Palm Beach
County. The program will supplement existing
programs at the high schools of the county and provide
additional resources. Junior Achievement of the Palm
Beaches will manage the program with the objective of
motivating selected at-risk youth to graduate, providing
them additional workplace skills and then assist them
with job placement.
Transportation City
The youth surveyed indicated that a major issue to
attending programs and activities is transportation.
City-Youth Empowerment
Administrative Staff
Cit
Cit
Justice Service Center Responsibility
Develop the Justice Service Center concept in targeted
neighborhoods in order to provide assistance to
residents, juvenile offenders, and adult offenders. The
Justice Service Center would provided services to
assist residents and both juvenile and adult offenders
either onsite or through referrals. These services
would include employment, substance abuse, mental
health, legal assistance, re-entry assistance, life skills,
community outreach, and probation sanction
assistance.
---.--. _, m'~._._
Justice Service Center Facility ... Citv
-.
Mental Health Services MOU with DCF
The Justice Service Center would provide assistance to
those seeking mental health services. By partnering
with mental health providers, residents and both
juvenile and adult offenders can access services
throuqh referrals.
Substance Abuse Services MOU with DCF
Substance Abuse Services- the Justice Service Center
would be able to provide substance abuse counseling
either onsite or through referrals.
Community Service City
Provide judges with the options of having youth
complete their sanctions in the neighborhood and repay -'
5
- 391 -
Exhibit B
the community for their law violations.
Employment Services. MOU with Workforce
The Justice Service Center would be able to provide Alliance
assistance to those seeking employment services. By
partnering with the Workforce Alliance and other
agencies, the Justice Service Center would offer and
array of referrals to partner agencies that can provide
the individual with assistance in obtaining employment,
gaining self-sufficiency, gaining work skills to obtain
employment, and upgrading skills to maintain
employment.
Collaborative Partnerships City-Justice Service Center
Participate in a minimum often (10) CJC sponsored Administrative Staff
collaborative meetings throuQhout the vear.
Legal Services Citv/Public Defender
Cultural Competency Training Citv
Life Skills City
Social Services City
Law Enforcement ResDonsibilitv
Evidence Collection Training and MOU for MOU with Palm Beach Community
standardized collection Colleae and City
Community Oriented Policing City
A Community Oriented Police Officer in each of
the target areas to develop relationships within
the neighborhood help citizens feel safer and
become more involved in reducing crime in the
area.
.""--~~. -
License Plate Recognition Cameras City
To place such units in areas where stolen
vehicles are most likely to be driven.
----..-- City and MOU with Palm Beach
Gun Safety Programs
To develop a plan that would support gun Sheriff's Office Violent Crimes
dealers/suppliers partnering with Law Task Force
Enforcement to better secure their firearms.
Most violent crimes involving firearms are from
weapons that have been stolen. Helping Law
Enforcement track people who have ~ potential
for violence who purchase fireanns from them.
6
- 392 -
Exhibit B
1: To work hand in hand with dealers on items
that may help in the theft of guns. This would be
any items of low cost or impact on the dealers.
Example: concrete barriers to stop smash and
grabs.
2: To help identify subjects who may be gang
affiliated or persons involved in criminal activities
that purchase weapons. This could include
working together at gun shows or simply as
tracking over the counter sales.
3: To just plain reduce'the number of youths
getting access to firearms. Plus reduce the
number of violent persons getting firearms.
Joint Operations City and MOU with Palm Beach
Participate in the Violent Crimes Task Force and Sheriff's Office Violent Crimes
other joint operations to target violent offenders Task Force
. -~-
Race Relations Training Citv
I Courts Responsibilitv
I
Youth Court MOU with School District
-,~~..-
Aggression Replacement Therapy (ART) TBD
established as a specialized program for violent
juvenile offenders. ART provides an alternative
treatment program to stem the violence at an
earlier age,
..n'.._
Initiate judicial trainingon ways to involve the MQU
parents more in the judicial process to reduce the
likelihood of recidivism.
Fund new prosecutor to handle violent firearm CJC Agreement with Office of the
crimes with defendants up to 29 years of age and State Attorney
to work with law enforcement on the prosecution
I of these crimes .. -
7
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Youth Violence Prevention Project
Monthly Programmatic Report
Return to:
Palm Beach County ~riminal Justice Commission
Youth Violence Prevention Coordinator
301 North Olive Ave., Suite 1001
West Palm Beach, FL 33401 REPORTING MONTH:
Organization:
Project Name:
Person completing this form:
YOUTH EMPOWERMENT CENTER
Pk1;fJ$& fndicm the tola-! /"Jumb8r Df p,v/ic.ipanrs t(Jf the fono"'''r'lg r.:ategories:
After-school Activities
Career Academy:
Comm. Outreach Program:
Cultural Diversity Training:
Employment Services:
Job Training:
Life Skills:
Parenting Classes:
Safe School Program:
Teen Cent€r:
Tutoring:
Mentoring:
JUSTICE SERVICE CENTER
Du. Oates: Th. 10th of each monlh
following ea"h month of servlc.s.
LAW ENFORCEMENT
Please indicate the {ollowing:
License Plate Identification Svstem
Total number of identifications:
Community Oriented Policina
Total number of contacts with the public:
I
Page 1 of 2
Palm Beach County Criminal Justice Commission
Exhibit D
Agency:
Reimbursement Request
SUMMARY STATEMENT OF TOTAL PROJECT COSTS
Project #:
Subgrantee:
Address:
Project Title:
Telephone:
Claim #:
Claim Period:
Budget Category
Category Total
Salaries & Benefits
Other Personal! Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
Total Claim Amount
I hereby cflrtify that the above costs are true and valid costs incurred in accordance with the project agreement.
Date
Signed
Project Director
Typed Name 01 Project Director
Palm Beach Countv
Commission
Board of CDunty CQmmissionefS
Criminal Justice
Reserve Fund
- 395 -
Palm Beach County Criminal Justice Commission
Reimbursement Request
DETAil OF BENEFITS
Subgrantee: County: Claim Period: Claim
Project #: Project Title: Teleph
I Percentage
Total Benefits of Time
Health Other Paid this Worked Tola
Name of Emolovee Insurance Life Insurance Retirement FICA (List) Period on Project ChargE
This column total must appear on Page 2, Detail of Salaries & Benefits Total Charges to Project
Palm Beach County
Commission
Boerd Of County Commissioners
3
Criminal,
Palm Beach Counry Criminal Justice Commission
Reimbursemenr Request
E
Subgrantee: County: Claim Period: Claim I
Project #: Project Title: T Telephone:
i
Name of Emolovee Health Other
Insurance Life Insurance Retirement FICA (List\ Total Benefits Charged to ProjE
This column total must appear on Page 4, Detail of Overtime Pay & Benefits Total Charges to Project
-.
P aim Beach COlJntv
Commission
Board 0' County Commisslon~rs
5
Criminal J
Palm Beach County Criminal Justice Commission
. Reimbursement Request
FE
DETAIL OF EXPENSES
Subgrantee: County: iClaim Period: Claim #:
;
i
Project #: Project Title: Telephon
Vendor Description of Item Date Paid Check Number A
~_.~"
.-...
.
-,_.-
This column total must appear on Page 1, Summary Statement. Total
Palm Beach County
Commission
Board 0' County Commissioners
7
Criminal J
Palm Beach County Criminal Justice Commission
Reimbursement Request
E
DETAIL OF INDIRECT COSTS
Subgrantee: County: Claim Period: Claim #:
Project #: Project Title: Telephone:
Vendor Description Date Paid Check Number An
I
J
i
!
--
This column total must appear on Page 1, Summary Statement. Total
Palm Beach Countv
Commission
Board Of County Commissioners
9
Criminal,
Edward Byrne Memorial Jus:t!.~":..~.5..~?l':!~~.~.~~il.~!..l!.J\gLF'r_r:.~~;.j_~_.__._
Florida Department of Law Enforcement
[~~~~~ard Cond~tlql}~ _.-'-- -
Conditions of agreement requiring comphance by unils of local government (subgrant recipients),
implementing agencies. al1d state agencies upon signed acceptance of the sGbgrant award appear i,1
Ibis section. Upon approval ot Ibis subgrant, tile 2.pproved application and the follmllin9 termS of
conditions will become binding. Failure to comply with prO'Jisions of this agreement wi!! result in
required corrective action up to and including project costs being disallowed and terrninaLion of the
project, as spp.cified in item 17 of this seoion
1. All Subgrant Re<;ipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance
Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines
<lnd requirements and Florida laws and rcguli.ltions including but not limited to:
. Florida Administrative Code, Chapter 11 D-!J. "Edward Byrne Memorial State and local
Law Enforcement Assistance Formula Grant Program"
. Office of Management and Budget (OMB) Circular A-21 (2 CFR 220), "Cost Principles for
Educational Institutions"
. OMB Circulilr A-S7 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal
Governments"
. OMS Circular A-t02, "Grants and Cooperativo Agreements with State and Local
Governments"
. OMB Circular A-110{2 CFR 2151, "Uniform Administrative Requirements for Grants and
Cooperative Agr/fflments"
. OMBCircIJlar A-12;Z (2CFR .230), "Cost Principles for Non-Profit Organizations"
. OMS Circular A-133, "Audits of St"tes, local Governments, and Non"Profit
Organizations"
. 28 CFR 38, "Equal Treatment for Faith-Based Organi>:;;ltiQns"
. 28 CFR 66, "U"5. Department of Ju!'>l.ice Common Rule for State And Local
GoV'errtment$" (Common Rule)
. 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)"
. 28 CFR1B, 22, 23, 30, 35, 42, 61, and 63
. Public Law 109-1&2, Title XI-Department of Justice Reauthorization, Sul:;ltitte B-
Improving the Department of Justice's Grant Programs, Chapter 1-Asslsting Law
Enforcement and Criminal Justfce Agencies, Sec. 1111. Merger of Byrne Grant Program
and Local Law Enforcement Block Grant Program
. 4:2 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1965"
2. Allowable Costs
a. Allowance for COsts incurreduncler the sub~lrant shall be determined according to the general
principles 'and siandards for ~elected co~( i1ems sel forth in the Office of Justice Programs
Financial Guide, U.S. Depolrtment of Justice COnlll10n Rule for State And local Governments
and federal OMS Circular A-ST, "Cost PrinCiples for State, Local and Indian Tribal
Governments: or OMB Circular A-21. "Cost Principles for Edur:ationallnstitution~ "
b. All procedures employed in the use of federal Funds far any procurement shall be according
to U.S. Department of Justice Common Rule for Slate and Local Governments, or OIvlB
Circular A- 110, or OMB Circular A" 102, and Florida law Lo be eligible for reimbursement.
SFY 2010
PRge 1
- 400 -
Ex E
I
_.I
Edward_Byrne Memorial JustiCE> Assistance Grant (~A~lProg~~.
. Florida Department of Law Enforcement
3. Reporls
a. Projfld Performance Reports
(1) Reporting Time Frames:The subgran! recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the DeparlmClil, within 15 days rifter the end of the reporting period. In addition, if the
subgrant award period is extended beyond the "original" projecl period. additional
Qumterly Project Performance Reports shall t}e 5ubmitted.
Failure to submit Quarterly Performance Reports thet are complete. accurate, and timely
may result in sanclions, <IS specmed in item 17, PerformaM-€! of Agreement Provisions.
(2) Report Contents: Performance reports must include a response to all objectives included
in your sLJbgrarll. A detailed response is required in the narralive portion for yes/no
performance objectives. The narrative mwstalso reflect on acc9mplishments for the
quarter and identify problems with project implementation and address actions being
taken to resolve the problems.
b. Financial Reports
(1) Project Expenditure Reports
(aj The subgrant reCipient shall have a choice of submitiing eUher a Ivlonthly or a
Quarlerly Project Expenditure Report to the Department Proj€lct Expenditure
Reports are due thirty-one (31) days after the end oltha reporting period. fn addition.
if the 5ubgranl award period is exteflCled, additional Project Expenditure Reports shall
be submitted. Project Expenditure Reports for grants made under the Recovery Act
must be submitted monthly. See the Recovery Act Conditions for additional
inforrnal.on.
(b) All project expenditures forreimburserhent of subgrant recipient costs shall be
submitted on the Project Expenditure Report Forms prescribed and provided by the
Office of Criminal Justice Grants (OCJG) through the Subgrant Information
Management ON-line (SIMON) system.
(cl All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-
audit and post-audit.
(d) Before the "final" Project ExpenditureReport wllll;>e processed, the subgrant
recipient must submit to the Dopartment all out$tanding project reports and must
have satisfied all special conditions. Failure to comply with the above proviSions
shall result in forfeiture of reimbursement.
(e) Reports arc to be submitted even wheD no reimbursement is being requested.
(2) The Financial Closeout Documentation shall be submilted to the Department within forty-
five (451 days ot the subgrant tennination date.
'3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department within 31 days after the end of the reporting Period covering
subgrant project generated income and expenditures during the previous quarter. If any
PGI remains unspent after the subgranl ends, the subgrant recipient must continue
SFY 2010
Page 2
- 401 -
Edward Byrn~M~moriql Justice Assistance G.rant (J-'''~}.P~Q.r.~~_.
Florida Department of Law Enforcement
submitting qumterly PGI reports unlil all funds are expended (See Item 10. Progrdll\
Ineerne.)
c Oth"r Reports
Tile recipient shall re;.,ort to ll1e Uniforlll Crime Report and other rerorLs ;1[, iTlJY be
rcesonahly required by tile Dep,)rtment
4. Fisc<ll Control "nd Fund Accounting Procedures
8. rhe sl.ihgn:mt recipient sid: establish fiscal control and fund accounting pr0cedlJrc:~ lIw;
,"ssurc proper disbursement ",Ilel accounting of subgrant funds and required non-federal
expenditures All funds spent on this project shall be disbursed accordir,g to prO'jlc.IOI'~ uf (he
projPc;! budget as approved by the Departrnenl.
b All expenditures and cost accounting of func!s shall confCimlto the Office of Justice Progrdms
Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and A-11 0, or /\-102 as
"ppiic<lble. in their entirety,
c All funds no! spent aCCOfdinglo tilis agreement shall be subject to repayment by the sub gran,
,eGlplen'.
5. Payment Contingent on Appropriation and Available Funds
111;) Stale of Florida's performance and obligation w pay under this agreen,ent is contingent 'I,-,on
an r-lllnual '''Pproprialion by tile Horida LegislatUre. Furthermore, the obligcltion of the Ste)le of
Florida to reimburse subgr,mt recipients for incurred costs is surJject to dvai!ablc f8der<J1 funds
6. Obligation of Subgrant Recipient Funds
Surlgrc>nl runcls slta!! not under any c'rcumstances be obligaled prior 10 ttl(~ dfecli,(< lid!e 0r
fubsequent to the termination date of the subgrant p.;.riod. . Only project costs incurred on or allc'l
[Ole effective date and on or prior 10 the termination elate of the sUbgrant recipient's plnject ,11 \:
e!iqible for reimbursement
7. Advance Funding
Adv8nce funding shall be pl"Cvided to a subgrant recipient upon a written request 10 the
Oepilrim,.,nl
8. Trust Funds
a. The unit of iocal gO'lernmEm! must establish a trUst fund in whier, to deposit JJ:>.G funds
The trust funel rIlay or may not be an interest bearing account.
I" The ;'.'.:couni ITlDY carll intecest, but 2tr1y Barned interest must bc Llsed ror proqr-CiIf1 ~),:jpO';t;:,:
2:1(' expended before tile subgr3f1t end dOlle. Any unexpendecl interest remaining at till:
end of the subgrant period must be submitted to the Office of Criminal JlJstice Gr"",s fl)l
iram;mittal to the BUrGClu of JuslicHAssis!ance.
9. Travel and Training
i'w cost of all travel shal: be reimbursed c.;ccmding to the 5ubgr1.3nt redrient"s wriflen trCl'o'el
rolicy If the subgrant reCipient does not have a written travel policy ~osl of ;:1llIL'1'1<)1 will !)e
f,"imbursed according to S .112061, Fla Stat.
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..... ..... ..... ....... ~~"Y:ard Byrne Memori;;ll Justice ~~~,:;ta~~~~~an~{~~~tf)!.?2~~!!l__...._.
Florida Department of law Enforcement
10. Progrilm Income (al5o known as Project Generated Income)
,<J 1'.11 income generated as a direct result of a subgrant project shall be dee~ed proglan,
income.
b /'Iny project thai will potentially earn PGI must submit an Earnings and Expenditures Report
to report how much PGI was earned during each quarter, A report must be subnlilted each
quarter (~I/en il no PGI was earned or expended.
c I-'GI expenditures require prior written approval from the Office of Crimina! Justice Grants.
Program income must be W:\ed for the purposes of and under the conditions applicable to
lhe award. If the cosUs allo'f>'able under the Federal grant program, Ihen the cost would be
allowOlble using prowamirkorns.
d Program income should be lised as earned and expended as soon as possible. Any
unexpended PGI remaining at t/"le end of the Federal grant period must be submitted 10 the
OffiGp. of Criminal Justice Grants for tr9r1smittal to the Bureau of Justfce Assistance.
11. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment
of a consultant when the Consultant's rateexC'.€eds $450 (excluding travel and subsistence costs)
for m: eighl-ll{)Ur day. Approval shall be based uPOn the cOntract's compliance with requirements
fOUi'c! in the Financial Guide, the Common Rule, and in appFicabie state statutes The
DepClrtrnon!'s ,jpproval of the subgrantrecipienl agreement does not conslrrule approval of
com;ul\:.mt contracts. If GOnsultarlts are hired 111rov9h a competitive bklding pr()(;ess (nol ~,ole
source), Ihe $450 threshold does !'lot apply.
12. Properly Accountability
a The subgrant recipient "gre.es to use all non-expendable properly for criminal justice
purposes during its Lisefullife or dIspose of it pursuant 10 S 274, Fla. Stat.
b.. The subgrant recipienl shall estabHsh and administer a system to protect. preserve, use,
maintain and dispose of any property furnished to it by tlle Department or purchased
pursuant to this agreement accor<Jing to federal property management standards set forth in
the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for
State and Local Governments or the federal OMB Circular A-11 0 or A-1 02, as applicable.
This obligation continUeS as long as the $Ubgrarll recipient retains the property.
notwithstanding expiration of this agreement.
13. Ownership of Data and Creative Material
Ownership of moterlal, discoverIes, inventions, and result" developed, produced. or dis(;(Jvercd
subordinate to Ihls agreement is governed by the lerms of the Oftice of Justice Prograllls
Financial Guide (as amended), and lhe U.S. Department of Justice Common Rule for State and
Local Governments, or the federal OMS Circular A-110 or A-1 02, as applicable.
14. Copyright
The awarding agency reserves a royaltYcfree non-exdusive, and Irrevocable license to reproduce,
pubilSh, or otherwise use, and authorize others to use. for Federal government purposes:
a. Tile copyright in any work developed under an award or subaward, and
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_____._____nE~\I':ar(j~yrnc Memorial Justice Assistance Grant (JAGI Program___.~_~.~__
Florida Departrneni of Law Enforcement
b. Any rights of copyright to which a subgrcHlI recipien\ or subreciplent p,Jfchases Qwne,.s!lip
with support funded under thiS grant (igreernent.
15. Publication or Printing of Reports
The subgrant reCipient shall submit for revie'N and appro-fal one COP! 01 any wrricul3. tr<'1inlnq
loateri?ls. or any other wrillen materi"ls that vvill be publisher!. Il1cluGinG! '.,veb-bc;sed mnleri8!:' and
web site con lent. through funds from [his grant at least thirty (30) clays pri<~,r lO the lorgeted
dissemination date
All IlFHeri81s publicizing or resulling from awarcl activities sllall contall1 the fol:O','ing statements:
'ThiS plOject was supported by Award No [con/act /l1e Office of Crimmal u'uslice Gran/s for aware!
number] awarded by the Bureau of Justice Assistance. Office of JustlGe Progri-Jr:l~" rile opinions<
findings, arlcl conclusions or recommendations expressed in this publication/program/exhibition
are those of the aulhor(s) and do not neGess8rily reflecllhe views of the Department of Justice"
16. Audit
a. Subgrant recipients thDt expend $500,000 or mOrlo in a year ill Fe.:eral aWdd::; shDl1 have a
singl", or progroorn-spccific audit conducted fm tlVl! yc-clr. The dl.l[Jit 5t'I;,111 i),,) ,)u[ornwd in
accordance with the feder;~1 OMS Circular A-133 clOd other ",ppticOlble tederal taw, The
contract for this agreement shall be identified in the SchodlJI,' of Fr,dcrcll Fir',mci<:li /\s~.istancc)
in the subject audit. T~le cClfltncl shall be identified ~s feder"r [UI1(;o i.1Cls'Jed thi'ough the
Florida Department of Law Enforcement and include tile contf8ct number, CFDA nurnber
award amount, contract period, funds received and disburserJ. I/Vllen applicable, the
su bgr<lnl recipient Sll8:11 submit an annual financial audit th~lt meets the rf,quirern"n ls of S
11.45, Fla. Stal. , "Def,nltions: duties: 8uH'l<Jrities; relJort", rules.': ~ 21Sl-l/, Ha. St8t
"Florid;) Single Audit Act"; and Rules of the AUditor General. Chapter 1 O~.bO. 'Luc31
Governmental Entity Audits' ancl Chapter 10.650< "Florida Sing.." I~udil ?ct Audil31'~onprofit
and For"Profit Org8rlizal.ons.'
b. A complete audit report Hl"'t covers any portiOll of the effective dates of thif agreement musL
be su~mitted within 30 days after its completion, but no later than nine (9) months aner the
3udit period. In order to be complete, ttm subrnitted report sl,all include an:, management
letters issued separately and managemellt'f written response to ,)11 filldi;",gs. both audit report
and managemenllc.)!ter fimHngs. Incomplete Buclit reports 'Nill not 'JEO <,ccepted by the
DepartrnenL '
c. Th0 suIJgrant recipient stlall il,we all Cludib completed by an Ir"JepHI1Cen! PubliC Accountant
(IPA) The IPi\ shall be either a Cenitied Public f>.CGOuntmtl or <I Licen';od PubliC I\ccountant
ct. The subgrant recipient shall lake appropriate corrective acllon witllin six (6) Inol11115 of III'::
issue date of the alldit repor' in instances of noncompliance wllIl fedefa! la\vs <:md
regulations.
e. The subgrant reCipient Sl1311 ensure thOlt audit worKing paper:; are mo'''!('. <iV:,ila.ble IQ the
Department, or its designee, upon request for i'l pferiQd of three (3) years (rom tile d,lte the
audit report is issued, unless extendod in writing by he Department
f. SubgraFl recipients thai expend less Ill,,!": 5500,000 in rederai aWOlrc1s Our n;] a fisc~11 year
are exempt from the audil requirenlents of OMB Circular A-133 tor 1113t fiscal year. In this
case, written noltfication, which cc,n be in the form of the ;'Certlflc3Iion of l'\udit Exenlptrol1'
form, shall be provided to the Department I)y the Chief Financiai Officm 0' ur",iSJ"ee. Lh2J\ the
subgrant rccipier11 is exempt. This notice Shall be pmvided to the Depanment rlo latH th8"
Mard1 1 following the end of the fiscal year
s,r=y 2010 l"tage 5
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._~~ward Byrne M~morial JlIsti.?:_0.~~i.0~1~~_Grant (JAG) Program
Florida Department of Law Enforcement
g. If this agreement is closed out without an audit. the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
11. The completed audit report or written notification of audit exemption should be sent to the
following address:
Fiorida Department of Law Enforcement
Office of Criminal JuSlice Grants
2331 Phillips Road
Tallahassee, FlOrida 32308
17. Performance of Agreement Provisions
In the event of-default, non-compliance or violation of any provision of this agreement by the
subgrantrecipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event. the Department
shall notify the subgr<tnt recipient of its decision thirty (30) days in advance of th(~ cff0Ctive date of
such sanction. The subgrant recipient shall be p8id oniy for those services satisfClctorily
performed prior to the eff<Jctivp. d:"te of such s"flction.
18. Cominencement of Project
a. If a project is not operational withlrl eo days 01 tile original start date of lhe award period, lhe
subrecipient must report by loller 10 the Department the steps laken to initiate the project the
reasons for delay, and the expected start date. .
b. If a project is not operational witl1in 90 days of the original start date of the award period, the
subrecipient must submit a second statement to tile Department explaining Ihe
Implementation delay'
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion. uniiaterally terminate this agreemenl 8nd re-
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuatinG circurnstances, may (.xtend IIle starting dalp. of the project past the
ninety (90) day period. but only by formal written adjustment to this agreement
19. Excusable Detays
e. Except with respect to defaults of consultants, the subgrant recipient shaH nol be in default by
reason of any failure in performance of this agreement accDrding to its terms (including any
failure by the subgrant recipient to make progress in the execution of work 11ereunder which
endangers such performance) if such failure arises out of ("'luses beyond the control and
withoUt the fault or negligence of the subgranl recipient. Such causes include, but are not
limited to, acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, f100(js, epidemics, quarantine restrictions, strikes, freight
embargoes. and unusually severe weatller. but in every case, the failure to perform shall be
beyond tria Gonlrol and without the; fmlll or nr,;[JliGI~nGe of the subgr,lOt recipient.
b. If failure to perform is caused by fsilure of '" r;on$unant to perform or make progress, arld if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of Ihem, the slIbgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnislled by the consultant were obtainable from other
sources,
SFY 2010 Page 6
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Edward B\'rn~ Memorial Justice I>.ssisiance Grant (JAG) PI.oQrarn_.__
Florida Depanmenl of Law Enf,)rCenl€nt
(2) The Depanrnent ordered Ihe ~ubgrant mcipienl in 'Nriling to prc,cure wch s::ppil(~:i UI
$efvices fro:".., ojhr~r soure,::s, and
(::') TI1e 5ubqrant recipient fai'ee to n>'85onatlly comply 'Nith ,;uch oreler
(;. Upon request ot ti.'e subgrant reciplen,. the Departn~'enl shsli ascertain lhl'! facts and ,;w
"'x tent of such failure. Jnd If the Deoartment detefl11ines that any failure to perform was
occasioned by one ry n1Dre saieJ causes, the eJeiivery schedule shall [lC re\'ised Jccordi'l(j',.
20, Written Appro\iiJl of Changes in this Approved Agreement
a
Sub~Fa:'lt recipients must obtClin pnol approvai from th" O,"pdrtm,-:,nt "or rndjor %bO'ta'Hi'!e
changes such as chanfJes IrJ prcjcct acthlities. targel popuiations, service providers,
in'plelllentation scherlules, project director, ar;d designs or research pl311S set forth in ill"
aupro'Jed agreement and for any bUdget changes that will transfer more than 1 0% of the to~c1!
!YJdflet bE'tweep budget (:a!e[Jorie~. .
lJ
Subnr,in! r0C,plE'nts may tram,fer up Ie 10% of tho total hlJdgel betw2(,n CUlre:lt. F1PPrrJ'Jed
bL.'dqt~l cater,jori8S V'/i~hout priclr Rpproval as long as !he funds ore. transferred ~u i:7ri exisl~flg
lint? item
U'.'c!C' 1'0 r.~irculr'slances can trans'ers of funcls Increase tho tolal bLK'g(';fJ(i a\v:o;rd
21, DispLlt,)S "l1d App""l;j
",. The D8p3rtlH~nt shall m"ke its decision in writing when responding \0 any disp"-'tes,
dis<1gr"ements. or Questions of f3c, arising under this agreement and ",hili! distribute its
feSpOri:',e 10 all concerned parties. The subgrant recipient shall proceed diliqently ','11th Hie
pE.rfNrnance of tllis agreement according to the Deparment's decisiOIl
LJ if the subqrant reCipient ,1ppeals the Department's decision. the appeal also shail be l11ade in
'Nrikl9 w!tllin I<venly-oli8 (21) calendar days to the Department's clerk (agf:'ncy clerk). Tile
'UlJ~JI'c.U-.j' recipient's right to appeal the Department's decision is containwj in 5120. FIe; Still..
ilnd in procedures set forlll in Rule 28-106.104, Florida Administrativo Codt, Fclilure to
appe,,1 wilhin this lime fr:'llne constitutes <l waiver of proceedings IInder 8 120, Fla. Stat
22. Confemno,s and Inspection of Work
Co,,:e,enCGS may bo held at the request of any party to ltlis agl'eernenl. I\t any time, 8
rspreseni"tlve of the Department, of the U.S. Department oj JustiCE:, or the Auditor (;","eral of tile
Slate of i-'iofida. have tho right of '/isiting the project sit", 10 monitor, inspect and dSCiess wDr~.
perfnriYied under this agreement.
23. Access To Records
" Ih" Depclrtlllent oj Law Enforcement, the Auditor General of [he State of Florida. Tlie U.S
Department 0' Justice, tile U.S Comptrolier General or dny of [heir duly aUThonzed
~c[Jres(-'rlIHtives, shilH have aC(;ess to books, documents, papers and records of lhe sUhqra'lt
'8ciui,,, I [ implemenfrng agency <one contractors for- tile purpose of audit and examination
:xcording 10 the Financial Guide ~md tile CO~11l10n Rule.
., Tl,c: Dppartrn8nl reS81'JeS the ,ight !o unilaterally ~errninale this Clgree,118111 if the subgrant
recipient. implementino agency, or contractor refuses (c a'low publiC access to 311 documents,
[lclpeJrS, letters, tr other m3teri31s subject to provisions of S; 119. Fla. Sl<lt . and
SFY 2010 Page' 7
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. _.t:::~?rd Byrne Memorial Jus-ti~-':..:I.:.s..~~s..~~~~.~_.S'i~a.nt (~~~Lf'~~\!r:.a_f!1_._ ___
Florida Department of Law Enforcement
made or received by the subgranl recipient or its contractor in conjunction with this
agreement.
,. The subgrant recipient will give the award'ng agency or H1e Generai Accounting Officc.
through any authorized representative, access to and tile rirJllt to examine all paper or
eledronic records related to the financi81 assist2lnCE)_
24. Retention of Records
The subgrant recipiont shalll11aintain all records and documents for ,,1 minimum of three (3) years
from the date of the final frnancial statemenl and be available for audit -atld public disclosure upon
request of duly authorized persons.
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official. Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the appro'.led agreement. Tile prior mentioned illdividuals
have authurity to sigrl or rnake arnendment~ to the Sole Source, AOP Justification and !l1€
Privacy Certification forms. The Project Director h8s authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or autllorized designee.
26. Delegation of Signature Authority
When the authorized ofnGial of c OiubgralTt feClpl€nl or the Implementing agency deslgnales some
other person signature authority for him/her, the chief officer or eleded offielal must submit to tile
Department a letter or resolution indicating the persoll g'VOII signclture 8lHhority. The letter
indicating delegation of signature authonty must be si>)ned by the Cllie! officer or eiected official
and the pers'on receiving signature aLlthority. The letter must also specify the authority being
delegated.
27. Personnel Change~
Upon implemenlation of the project, in the event there is a change in Chief Executive Officers for
the Subgrant recipient or Impiemenling Agency, Project Director, or Conlact Person, the
Departmenl must be notified in writing wilh docwneniatfon !o inciude appropriate si~Jnatures.
28. Background Check
Whenever a background screening for employment or ;;1 background security check is required by
law for employment, unless otherwise provided by law. the provisions of 9435, Fla. Stat. shall
apply.
a. All positions in programs providing care 10 chlldren, the developmentally disabled, or
vulnerahle adults for 151lours or m()re per week; all pemlanent and temporary employee
positions of tile central abUSe hotline; and atl persons working under confract who have
aGcess 10 abuse records are deemed to be persons and positions pf special trust or
respnnsitlllity cllld reqliire employment screening pursuant to S 435 Flc.. Stat., using the 10',el
2 standards set forth in that chapter.
b_ All <,mployees in positions designated by law as positions of trust or responsibillty shall be
required to undergo security background investigations as a condition of employment and
continued employment. For the pur'poses of the subsection, security back.ground
investigations shall include. but not be limited to, employme[1t history checks. fingerprinting
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!C.d_w~:d Byrne Memorial Justice Assistance Grant (JAG) Program
FlOrida Depcrtrnenl of law Enforcement
for 311 purposes 8nd checks in tllis subseclioll. s!<\,ewide criminal and jU'ven,le records cl.,ed.s
through the Florida Dellarlrnent of La\v EnforceFTlent. and federal criminal records cllecks
IhrOllgll the Fedenl Bureau of 1r1',e.SliY':ljiorl. <lnd may include loc)i criminC1i r'3cords checks
through IOC31 1;:,'," enforCel11enl'ager:clet;
('I) Any ;lerson who is reqlNed to unjergo s'jcl~ a secur;ty IJ8cl,grcund investigation and
\".-ho ,efdsP's io conpp.rcl1e 111 SUC!l investrg<3floll or refuses 10 3ui:>mll fingerprintf:. 51:811 bi.,
clisq'..aliflf'd for c:rr.pioynlent in SLid; pOSition (Jr. if employed, Sli311 be disll1i~,sed.
(2J S'Jcl" bae'qroulld irlV'~stlr:;ations shall I]" conducted a( tho expenc;e of the et'llplcyinq
ager'cy or employee Wilen fin!]erprinting is require.:1, the fingerprints of tile elnp1o,'ee
or "pplle;.;"'t for i-Hl'ploymenl shall be taken by the employing agency or oy an
autllonzec.' law enforcement officer and submilled tQ the Dep;:lrtll1ent of Law
E'lforcelll "nt for procQ~;sing and forwarding. whElrl wqu8st(~d by tile ern plaYing agency.
to tile Unil8d States OepanlllBnt of Justice for pro<.;es5ing. The employing agency silall
reimburse tile DerJe;rtrnent of Law Enforcemen, for any costs incurred by it in the
procossing c,f I/'Ie fingerprints.
29. Drug Court Projects
A Dru~:J Cour1 PmJ"'" mllsl cOITlplv wdil 5397.334, FiCl. Stat.. "Treatment-Based Drug Courl
Programs."
30. Overtime for Law Enforcement Personnel
Prror 1.0 oblig~,tll1g funds Irom 1I1is Clward io support overtime by I<.;w enforcement officers, ti,e U.S.
Department of Justice <enC0Ur<Ifj-U:; {;Oll:;ull<\lion with 311 ;~ilied components of the criminal justice
system in the affected jurisdiction. The purpose of 1.h1S consultalioll is to anticipate ;Jf1d plan for
systemic impRCl.s s'.lcrr as increased COclrt dockets cllld the need foo detenfion space.
31. Criminal Intelligence System
The subgc-ant recipiull c,qre8s lhat any ,nfonlkltion technology systern fUJ"1ded or supported by (lie
Office of Justice Programs funds wil! cDrnply ',Vlth 2g C FR Part 23, Criminal Intelligence
Systems OperatinG Policies, if tile Office of JustiGe Pmgrams determines this regulation to be
applicable Shoulci tile Office of Jushce Pro[lrmnS determine 28 C.F.R. Pari 23 to be applicoble,
the Office of Justice Programs may, at it:; discretion. perform audits of the system, as per 28
C.F,R. 23.20(g). Sl,ould an;, violation of 28 c.r.R. Part 21 OCClIr, the roCtpler1t may be tineci as
oer 4;! IJ SC. 3759g(c},{d). R6cipionl'lmy nol satisfy such a finH Wiltl federal funds.
32. Confidential Funds
fl.. signed certlfiuJtion that the project director ar the hef'id of ti1'~ Implementing Agency inls read,
understi'lnds. and agrees \0 abine by 811 of tile conditi'Jlls for confidential flJnds <is seltorUl ill the
effective edition of the Office of Justice Programs Fir'ancial Guide is requimd from all projects
thCit <m:: illveivcd 'Nllll confld"~n(i,ll fumls. Tile signed c8rjifiGatlol1 must be submitted at Hw tinl('~ of
grant application
33. Equal Employmen1 Opportunity (EEO)
<') Feder;)! i;JWS p;'oh;blt reCipients c.f klancial assblcillce Iroln dlscrlrl\lIHtlllg Oil the basis at
race, color. national ol'i[:;,I1. religion sex, dlsabillly, or age In fl.mded progralns or activities All
sulJgrallt rccipiellLo ;~m! 'IITlfJlelliEntill!.) aUende~ Imlst compiy willl 8(1)' appl!C2,ble st3tuwrJy-
Imposed nondiscrimination .'equirernenls. which Illay indude tile Olllllibus Cr"lie Conlro! and
Safe Streets Act of 1968 (42 U.SC ~ :l7f\Sld): the Victims of Crime Act (42 use S
i0604(c)): The Juvenile Justice and Delinquency Pmvention Act of 2002 (~? use 5
SF"V 2C}'10 P<'1ge g
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Ex E
... ...!'.~:~~~~ Byrne Memorial Justice As:>~~!!.~~_~rar.!tJ~i\gt!'>~Cl9ra~.__"""_.__
Florida Department of law Enforcement
5672(b)); the Civil Rights Act of 1964 (42 U.S.C. S 2000d); the Rehabilitation Act of 1973 (29
U.S.C. ~ 7 94); the Americans with Disabilities Act of 1990 (42 use 912131-34): the
Education Amendments of 1972 (20 W.S.C. ~~1681, 1683, 1685-86); the Age Discrimination
Act of 1975 (42 U.Sc. SS 6101-07); and Department of Justice Non-Discrimination
Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith-
based and community organiz.atiofls).
tl. A subgrant recipient or Implementing agency must devdop an EEO Plan if it has 50 or more
employees and it has received any single award of $25,000 or more from the Department of
Justice. The plan must be prepared using the on-line short form at
http://wwwojp.usdoj.gov/about/ocr/eeop_comply.htm. must be rel8ined I>y [Ill') subgrant
recipient or implementing agency, and must be available for review or 81)dit The
organization must also subm.it an EEO Cerlification to FDLE.
c. If the subgrant recipient or ImpJemenlingagency is required to prepare an EEO Plan and has
received any single award of $500,000 or more from the Department of Justice, it must
submit Its plan to the Department of Justice for approval. A ,,Opy of the Department of
Justice approvalleUer must be submitted to FDLE. The approvat letter expires two years
from the date of the letter.
d. A subgrant recipient or Implementing agency is exempt from the fEO Pion mquirement if it is
has fewer than 50 employees or If it does not receive any single award of $25.000 or more
from the Department of Justice or jf it Is a nonprofit organization. a medical or educational
institution. or an Indian Tribe. If an organization Is exempt froni thr, EEO Plan requirement, it
must submit FHl EEO Certification to FDLE.
e. rhe subgrant recipient and implementing agency acknowledge that failure to comply with
EeO Requirements within 00 days of the project start date may result in suspension or
termination of rUl1ding, until suchtlmeas itis in compliance.
f. In tho ovonl a Federal or State court of Foderal or State ad'11inis\rDtive agency makes a
finding of discrimination after a due process hearing on lhe groumJs of race, color, religion,
national origin, sex, or disability against a recipient of funds, the rec1pient will forward a oopy
of tho finding to lho Office for Civil Rights, Office of Justice Programs
34. Americans with Disabilities Act
Subgranl recipients must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law 101-336, which prohibits discrimination by p\Jhlic and pri"ale entities on the
basis of disability and requires certain accommodations be made with regard to employment
(Tilte I), state and locat government services and transportation (Title II), pur>liC accommodatiOns
(Tltte 111), and telecommunications (Title IVI.
35. Immigration and Nationality Act
No pUblic funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, COnstituting a violation of Ihe employment provisions contained in 8
USC. Section 1324a(e), Section 274A[e) of the Immigration and Nationality Act ("INN). The
Department shall consider the employment by any contraclor of unauthorized aliens a violation of
Section 274A(e) of Ihe INA Such violatiofl by the subgrant recipient of the employment
provisions cantained in Section 274A(eJ of the INA sl"t.~11 De grounds for t;nilaleral cancellation of
this contract by the Department.
36, National Environmental Policy Act (NEPA)
a. The subgrant recipient agrees 10 assist FDLE in complying wilh the NEPA, the National
Hisforic Preservation Act, and other related federal environmental impact analyses
SFY 2010
Page 10
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E:dward Byrne Memorial ~usti(;e ~s""isl~nce Grant (Jj\GJprogram
Florida Department of Law Enlorcement
requirerTH"nis in the use of subgrant funcr:; by the subgrant recipienl This apfllies to the
following ;lew activities whether or nol they <lre being specifically funded with these subgrant
fUilds Then ir;, II applies as le'rig as tile c;cti'llly is hloing conchJcled hy the 5ubgranl recipient
or ,my third 'Jarly and tI'e 8ct1vity needs [0 be undCr,,,.frdllll order 10 Lise lllese subgranl
fl:ndc;
(1) Ne':; construction.
(2; L,I:nor renovatiQI; or remodeli:lg 01 a property either (8) l!'ilea on or eiigible for listing on
1118 i'J8ticmal r~egisler of His(oric Place" or rbllocalecJ withh a .1 OO-yeac flooc pian;
(:JJ 1\ rAI\OVi'iUOn, lease, or <Iny otil8r prOPOS[)r! use of a DUlltJing Of facilily th.,;( wili cithcr ,'iJ)
r"sult in a ch8n[je in its haslc prior use or (b) si9nific~H1tIJ' cllange its size: and
(4) Implementclion of a flew program Involving ,he use of chemicals other than Chenl!c8'S
Ihal are (a) ;:,urchased as an incidental component of a funded activity and (b)
traditionally used, for eX8r:1p!e, in office, household, recreational, or educalional
environments.
IS) Imptemel1tBlion of a progr$n' relCllill91Q cl"nd~stine methamphetamine laboratory
op"'r"ations, including the ide:ltifica,ion. seizurB, or c10surB of cland(lstine
l11ctll,unphet;,mline laboratori,"s.
b Tile sul)gr"an! recipient understands and agrees \1"1<'( complying with hIEP/, may i'p.quire th!'!
rrer-.ari'ltloll of ,"ln Environmental Assessment andior an Environmental Impact St<3t8ment. [is
directe,1 by tile Bureau of Justice AssistcHlce. The sub[lrant recipient further understands ellld
;JrJrees Lo U,e requirements for in1Plernentation of a Mitigatis:Jn Plan, as detailed by :he
Dcpclclrnellt of Justice, fOf' pre-groll;s relaling to methamphetarnin8 laboratory orcer,Hions.
C-. for any of J subgrant recipient's existing programs or Clctivlties that witl be fumied by these
suhgrclf1ls. the subgranl recipient, upon specific-; rP.que~1 from the Department "nd Hw U.S
Departl11ellt of Justice, agrees to CQQperafe with lile Department of Justice in ar;y preparation
by Deparlment 01 Justice of a national or program ("'wironmenlal assessment of lhat funded
pr(JgfGln1 ()r activity
37. Non-Procurement, Debarrncnt and Suspension
r:'e suligr,'llt reCIpient agrees to conl ply with Executive Order 12549. Debarment and
Suspen~,ton and 2 CFR 180, "OMB Guidelines To Agencies On Governl1l8rilwide Debarment ^nd
SusperlSlon (Nonprocllrementt Ttlese procedures require tile subgrant recipienllo c:erlifv it sl1all
not on18r ill10 "Ill" lower tiered covered transaction with a persoll W!lO IS derJarred, t,IJspended,
decl,lrcd meligib!e or is VOllJntarily exduded frnm p"rtiClpatrng in this (;cll'ermJ tremsaclion. unless
aut~lorizecl by the Deparlment. ff the subgr"ant is S100.000 or more, the suhgrant recipient ",nd
Ill1plernentir19 agency certify that tllev and their princip2ls:
c1. lice not presently debarred, suspended proposed fm de;18rmenl. dedar",) ineligib,e.
sentenced to a deniai of Federal benefits by a StaLe or Federal l;ourt. or volunlf<rity o':chJ{j"rj
Irom (;ovewl transClctions by any Federal c'eparlment or '198nl:Y:
I) i ~~IV{~l not 'J>/Ittlin a three-year perio(; preced~n9 tl~is ~;pplic31:ion L)88f1 convicted of or h80,3 ri\'i~
judprnen\ rendered against tl1em for cOll1missi;Jrl of fraud or a uiminai offense in connecliNI
,vlth obtaining, aUempting to obtain, or performing c" public (Fecleml, Stale, or local)
lransaction or contraclunoer a publiC transactiof', vio!alion of Federal or State 8f1titrusl
,'[;1lu:<O$ or commission of clT1bezzlol'lcni. theft. ;()r!,)ery, bribery, falsificatiOn or destructor: of
records. making false statements, or receivin9 sloten property;
SFY 2010 Page 11
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ExE
c.
Edward Byrne Me.!:!1.E'!lal J~_~!jce Assistance Grant (JAG) Program
Florida Departmerl! of Law Enforcement
Are not presently indicted fO( or otherwise criminally or civilly charged hya governmental
entity (Federal, State. Of local) with commission of any of the offenses enumerated in
paragraph (1 )(b) of this certification; and
d. Have not within a lhree-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
38. Federal Restrictions on Lobbying
a. Each subgrant recipi,ent agrees to comply Wittl 28 CFR ParI 69. "New Restrictions on
Lobbyinfi" ond shall file tile most current edition of the Certification And Disclosure Form. if
applk;able, wiHI CElch submission that initiates consideration of such sub grant recipienl for
award of federal contracl, grant, or cooperative agreement of $100.000 or more.
b. TlTis certification Is a material representation of fact upon which reliance W3i; placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
this agreement subject to condiUons and penalties imposed by 31 use 1352. Any person
who fails to file the required certification is sllbjact to ,'; civil penalty of IIDlless than $10,000
and not more than $100,000 for each failure to file.
c. As requirod by 31 use 1352, and implemented at 28 CFR GO, for persons entering into a
grant or cooperative agreement over $100,000, as defined at 28 eFR 69, the applicant
certilies that'
(1) N[) Federal appropriated funds have been paid or wiH IJG paid, by or on bHh;llf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency. a Member of Congress. an officer or employee of Congress.
or an employee"of a Member {Jf Congress in conn~Uof\ with the makin>l of any Feder"l
grant, the entering into of any cooperative agreement, and the extension, continuation.
rer1tlwal, 8mendmDI1L or rnodification of .my Federal grant or [;Ooperative agreement;
(2) If any funds other than Federal approprfated funds have been paid or will be paid to
any persall for influencing or attempting to influence an officer Dr employee of any
agency'. a Member of Congress. an officer or employee of Congress, or an employee of
a Member of Congress in connection with Ihis Federal grant or cooperative agreement.
the undersigned shall complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with lis instructions;
(3) The undersigned shall require that the lal1guage of this certificalion be inctuded in the
award documents for all subawards at allliers (including subgrants, contracts under
grants and cooperaHve agreements, and subcontracts) and that all sub-reclplents sllall
certify and disclose accordingly. .
39. State Re-strictionson Lobbying
In addition to the provisions contained in Item 39, above. the expenditure of fupds lor the purpose
of lobbying !he legisl<.ltLJfe or a state Hgency is prohibifed under this contract.
40. Additional Restrictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either direclly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any ievel of government, w~thout the express prior written approval olllle Office of
Justice ProgrElms.
SFY 2010
Page 12
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_ .~. Ed~~c:!~Y~[i!,.~~ef0ori;,~!.Ju.s_t.i<::? Assi~lance Grant (JAG) Program
Florida Department of Law Enforcement
41. "Pay - to - Stay"
Fun(!5 fr~m this award.m~y no; be used to o;:>erate a 'pa'l.lo-slay" :Jrogranl in any IOCcll :ail
Furthenrore. no funds may be given to IOC81 joil'S that operatp.'pay-to-sta\' progr8ms. 'LOG;';'
!ail ,. as referenced jn this condition, rnear:s an 3dull f;~.::~lity Dr detention center oV.IIl€d ~jr:dior
op2r:;,tred by cily. cOllnty. or munid[J;Jllty Ii dDes not InC;'Jdf: illveni'c dntentioll cen!er:;'PcJy-IO-
St..l~/' prog(8n1S as referenced ill ihis cond:tion, n1eZln:::i ;3 prc9r~P\ by which extraordirtary se!.'jiCB~;
,mli;J!lllies andiQr BccommodilUons. nO! otllerwi,-;c 2."'>'1IdJtt' to the S8neral innl<Jtc population. l1:ay
be provl:kd. based upon 8$ offender \ ilpparel'll 811ilily :(! 1';''1. sucl\ liBt dispilmtc conditions Llf
r.nnf~nenH:'nt are created for the s2tn1e or sirrd8.r olfendc's "/'i~U)in a lurisdiction.
42. Mitigatiol1 of Hcolth, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If "n aWclrc! is made to supporl rnet.hampl12tarnine 1:,IIJllfi-ltury [)per;Jllon~; Ihf~ subgrrJIII r(:clplent
",ust camp')' with this condition, which prOVides for indivldU81 ~'le 81wironmentai
'1S:;esSmO!ltfimpact st:ltements as required uncier :i18 NiltiollOlI EnvlfUrllllenl31 Polic,' Act
a General Requirement: The subgrant recipient aqrees to comply with Federal. State, and
local environmenlal. health and safety laws c~.'I{] regulallons applFcaLJle io J.lle imostig8l!on
.""eJ closure of clandestine methamphetamine laboralmlp.:; ;md the rernov,,1 alld disposal of
,he chemicals. equipment, and w&sles Llsed rn or resulting fronl the operation of these
lal:EJratories.
b. Specific Requirements: The subgrant .-eC\piClll undcrslwlds dnd aSJrec-s HlCll \:,my proHram qr
initiative in\iolving the identificatior], seizure, or closure of cl:,mcles\ine methamplleiamine
laboratories can ,8sult in ildverso hoalih, s8fety '''tid environmental impacts to (1 i (1'.10 ,aw
enforcemeni cmd other governmental personnel In','ol-<I-;(.!: (2) "nv rES;(Jenl~, OCClIpcillts,
users, and neighbors of the site Of a seized clandestine laboratory; (3) the sei7ed I"boraiory
sHe s immmJiat.B and surrounding environment of the sito(";1 where any rernainillg CI18111iccrl;;.
equipment, and waste from a seized laboratory's operations are placed or conle 1.0 res:'
fllerefcne, the subgrant recipient further ,"lqrp.es 111,,[ 1;1 order 1.0 aVOid or llliiig8ip. he pOSSible
:JOVerse health, safety and environnH>.nt,,1 imp;,'C1S frorn any of clandestine
'llelhanpl:letmnine operations L.j[1(Jod lnJcr Ill"; ;.,ward. it viill (1) include [he nirlE' 1;P.low
listed protective measlIres or corn ponenl;:; (2) provide for tilei, 8dequale fundinn to include
funding, <lS necessary, beyond that provided by ,his ;wmrd; and (3) irnplerncrJttllesEJ
protective measures directly throu,lhoul Uw lir", uf tl'le subgmnL In so doii1}'j. the GU\)W~H)t
recipient understands lhal it may imptenenl thes", P!uloctive measures directly ihr01l9iJ the
'_IS8 or its .own resources ami :;l<lif or may secure Ihe qualified ser'Jices of other agol1ck,s.
CQntractQr or other qualified third party,
(1) Provide medical screening of pels0'1I'IH :'lssigned or tQ be assi~Jned lly ihe slItigrant
recipient to the seizure or clo:;ure if ur da!l(lesillle rrtethamphetamine laboralories;
(2) Provide Occupational Safely am! H8<.il:h /\dmlllls:,atio,'1 (OSHA) rr;qulleJ inili;;1 cl:'l<1
rdrE-\shel Ii aining fDr 18W enforcement o!l,ci"rls ;,n;.J ol'1(,'r personnel assigned by tilE'
"ubgmnll.ecipien\ to eitr;8r the seizurE: or closu,e of clillldestine Ir:8\hamphet;rnim;
:alJoratorios:
(3j /\s c1e!cIITlined by tbeir specdic duties. equip pcrsoliflel 8!:islgncd to the pro.!8C! v,:'i!h
OSHA required protectiVE: wear and of'18r ,"equired safety '3quipmE-nl:
IA) !\ssign properfy lr2ined personnel fe. pr8p8r8 a co:nprellensive CO",12min"iion rnporl 011
each closed taboratory:
(5) :::mp!oy qualified disposal contractors !o nocllcJ'JC ",Ii cherni{;als and associafed
$FY 201C
P2ge I J
- 412 -
Ex E
.________...______._ Edwar9J!t~_~!V1e~~~~stice Assistance Grant (Jp,!.'J!:'.!:.<!2!:?.02.._.._.__.__._
Florida Department of Law Enforcement
glassware, equipment. and contaminated materials and wastes from the sile(sj of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and cantanl inated matenals and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6
immediately above in ordar (0 ensure proper compliance,
(8) Ha'-'" in place ~H1d implement an inter-agency agreement or other form 01 tornmilmfml
w;th a responsible State environmental agency Ihal provides for that agency's (i) timely
evaluation of the en~ironmental conditions at and arournJ the site .of a Closed clandestine
laboratory and <ii) coordination with the responsible party, property owner, or others 10
ensure that any residual contamination is remediated, if necessary, and in accordance
Ivith existing St$te and federal requirements; and
{O} Have in place and irnplernent a written agreement with the responsible state or local
service agencies to prop",rly respond to any minor, as defined by sl<3ts law, al tile site.
This ngreement must ensure irnrnediate response by qualified personnel 1'1'110 can (i)
respond t.o the potential health needs of any minor ,,1t the site; (ii) lake that minor into
protective custody unless the minor is criminally ilwalved in the meth lal:> activities or is
subject to arrest for other crirnin:JI Violations: (iB) ensure immediate rm~dicallesting for
methamphetamine loxicity; and (iv) arrange for any follow-up l11edicallests,
examinations, or health care made necessary as a result of meli'\8l11phetalnirle toxicity,
43. Limited English Proficiency (LEP)
In accordance with Department of Justice Guidance p.ertainLng to Title VI of the Civil Rights Act of
1964, 42 U. S.C, s 2000<1, recipients of Federal I1nancial assistance must take reasOilable steps :c;
provide meaningflll access to their programs and activities for persons INllh LEP. For more
inforrlwtion on tile civil rights msponsibilities that recipients have in prDvidino lanquaoe services
to LEP individuals please see the website at tJl!h')Lvyll!.'t,U~P'_92~.
44. The Coastat BarrIer Resources Act
The sutlgrant recipient will comply and assure ihe compliance of all contri'lctors with the
provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19. 1982 (16 use
3501 et seq.) which prohibits the expenditure of rnost new Federal funds wilhin the units of the
Coastal Barrier Resources System.
45, Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. 1"lave <J11 adequate process to assess the Impact of any enhancement of a school secunly
measure that is undertaken on the incidence of crime in the geographic area where Ihp.
enhancement is undertaken.
b Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Repor1
46. Environmental Protection Agency's (EPA) list of Violating Facilities
The subgrant recipient assures that the facilities under its ownership, lease or supervision which
shall be utilized in the accompliGhmenl of the Program Purpose are not listed on the EPA's list of
SFY 2010
Page 14
- 413 -
E~!":'~lrt:!. ~Y~'le Me~12.0rl<l!. ~us\i~.-'.~~sjst~n~€)<:;ra_n.!JJt:~) _~~r_a..~__n....._.______._u.
F!orid,J Department of Law Enforcement
Violating Faciljlies llrJd that 11 w.1I notify ~he Depculr!l[;'''' of th", receipt ol any cOlrmunlcalcon frolll
the Drrector of the EPA Office 01 Feder"t Activities rndlcaling Ihat a facility 10 be used ill tlie
project is under considera1iur' fuc 1i0;11I19 by the EPA
47. Flood Disaster Pro!ecliC:1l Ast
Thl) SllbGranl reClfJieill will cornfJly .tiICh Sectio;, 1021;]) of tI1e F!ood Disaster Protection f\c-t of
Ign. ?llb!iC LaiN rn.2:)" 87 Sial. :17"J reCilliring that the purchase of flood irsurance in
(ommunities vvhere such '.'1sur~ince IS <-:'l\!di!ahte 8S a condition of the receipt cf any' ferler31
f!na~ciEI ass.ist::lnce for c(YlslnlC1ioll Dr acquisltiop purposos lor use trl any dr0a 1h21t h;:,s b.r~en
idcntif'icd as ~Hl are;?! ~l;:::_\iIi~q Spfh--;I~I flood h37;.3rC~
43. National Historic Preservation Act
It wi'l assist :t\e Depdrlr"ient (If f'.eC8s.~.ary) in assufinn compliance wilh section 106 of lhe Ndliol kit
Hisioric F'resef"!alrorr Act of HJGG (1G USC.3 470). Ex. Order '1'1593 (idenlific8:ion 8nd
prmectiun of hdmlc properties;. the .<;rdlElologicill arrd Historical Preservation Act of 1974 (16
U sc. 5469 ",_1 el :,eq). dr.,d I'le c~c,lion8: EnviCi)n:l1ontal Policy Act 0; '1969 (42 U .:3.C. S 432'[).
49, Omnibus Crimo Contral and Safe Stniets Act
The subgrant recipienl will comply "nd ",,>sure lI1e COMpliance of all contractors, wilh the
app1ic,dAe pro'iis;ons of T;Ue I of the Omnibus Crrme Control and S3[(" Streets Act of 1~J61:; as
3men(jed: Ir:8 Ju.,.enill? Justice and Delinquency Prevention Act, or the VICTims of Crime Act, as
applomiale" lit<" pruvis!ono of l!lf, curcenl wJihon of lllC Office of Justice Program Financl31 c,nd
JI.dll1inistraL'Ie Guide for Gr;.lI1U ell"! <111 oilll"r "fJplicable State and Federall'3ws, orders
circul:'-::I,s, or renult\tioll:~,
50. Human Research Subjects
Granlee ilgTee', to compiy w<\h the requiren,enls of 28 C.F,R, pari 48 ;md all Offlce of Ju,~tlce
f'rogr8m, poliCies ElI;d procedures regarding U1e prolection of hum8n research subjects, includlllQ
obtainment o! Inst;lutio'lal Review Board a:JprovaL il appropriate, and subject informed cons(~r1i
51. National Information Exchange Model specifications
la suppor! pulillc sufely and JustlG'c information ~tiarirlg, the Office of Justice Pragrarlls remJims
tile grantee \0 use the Nclt'uf'81lnforrm41ion E~ch3nge Model (NIEM) ~pecilicaliolls and guidc:.ins"
for this particular 9ranL Grantee shali p'lblish 2lnd make available withoui restriction all scl1emz,:;
gener3!ed ,JS a rC;;,JI; cf tl1ls WZlI1t iO the component registry as specified in .the guidelines fCor
nlOte infort118tion (Ii' ccrnpli:'U1C0 vofith tl lis condition. vi::;it
b!t].)Lt~~Y~~~C!.~!lL':Jn:,,~t!!.l).rJ~::~.:X2. ~:':::.UnJ1li.1..G.lJ.ki e. ohn.
52. Reporting, Duta Collection and Evaluation
Tho s::Jbgrcln! r~~~cipl(.;nt ag'-et=:s 10 cornp!y V'J'ilh ali reportingl data collection and evaluation
requiremen:s, 3$ preScribed by tI.e c,ure3u of Justice Assistance in ihe profjram guid;:lI'>ce icy tfle
~Iuslice Assistance Gr;-1I11 (JAGi CompliClf\c6 wiih these requirements will be monitored 0'/ the
Bun:"dl1 o-f JU::;~iLt; A',~sibtt:U1Ct'
Sf-Y 201[)
!"Ja9c'15
- 414 -
Ex E
.... ....___Ectward B y~n_e_~~~...'?I1:~}U5t~~SS!~~ce Grant (JAG )._Pn:~.~~.!!l____
FIQrida Department of Law Enforcement
53. Privacy Certification
Tt)e subgrant recipient agrees to comply with all confic:Jentialily requirements of 42 U.SC section
3789g and 28 C.F.R Part 22 that are applicable to coUection, use, and revelation of data or
Information. Grantee further agrees, as a conditton of granl approval, 10 submit a Privacy
Certificate that is in CiCw,d with requirements of 28 C.F.R Par! 22 and. in particular, section
22.23,
54. State Information Technology Point of Contact
Tile subgrant recipient agrees to ensure that the State Information Technology Point of Contact
receives written notification regarding any informi'ltiof\ technology project funded by this grant
during the obligalion and e\penditures period. Tllis is to facilitate communication among local
and slate government,)! entities regarding various information technology projects being
conducted ,^~lh these grant funds. In addition, the recipient agrees to maintain an administrative
File documenting the mee\lng of this requirement. For a list of State Information Technology
Points of Contact, go to hIlP://W.'.w.iLojp.gov!defauILasp>:?area=policyAndPractice&page=1 046.
55. Interstate Connectivity
Tn avoid c1uplic<lling existing networks or IT systems in any in.itialives funded by Ihe BureeW of
Justice Assistance for law enforcement information sllaring systems wtlich involve interstate
connectivily hetween jllnSlhctiolJs. such systems shaH employ, to the extent possible, exis!ing
networkr; as the communication b"r;kbone to achieve interstate connectivity, unless the subgmnt
recipient can demonstrate \0 the satisfactron of the Bureau of Justice Assistance that this
requirement would not :)c cost effective or would impair tho functionality of an existing or
proposed IT system
56. Supplanting
The suhgrani reCipient agrees the" funds received under this 3w(lrd witlnot be used to supplanl
State or local funds, but will be used to increase tile amounts of such funds that would. in the
absence of Federal funds, be rl1ade available for law enforcement ac1ivities.
57. Conflict of tnterest
The subgrant recipient and implementing agel10y will establish safeguards 10 prol1ibit employees
from lIsing tllcir posiiiurlS Fur a purpuse that constitutes or presents the appearance of persorlal or
organizaliomll conflict of interest, or personal gain,
58. Uniform Relocation Assistance and Real Propert:iAcquisitlons Act
The suborant reclpicnt will comply with the requirements of the Uniform Relocation Asdstance
and Real Property Acql.isifions Act of 1970 (42 U.S.C. ~ 4601 et seq.), which gov..m th..
treatmenf of persons displaced as a result of federal and federally.assistcd programs.
59, Limitations on Government Employees Financed by Federal Assistance
The subgrant recipient will comply will) requiremtmls of 5 U.S.c. ~~ 1501-08 and S~ 7324-28,
which limit cerlain PO;!ilccll activities of State or locat government employees whose principal
emJ110yment is in CQllll<:!ctlon with an Qctivity financed in whole or in part by ferieral Clssist.8:lCe.
60. Equal Treatment for Faith Based Organi;zations
The grantee agrees to comply with the applicable requirements of 28 C.F.R. ParI 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the
SFY 2010
PRga 16
- 415 -
Edward Byrne Memorial Justic_e ^ss~stanCE'~2r~JJ:lAG) f2.ogram__.
Florida Department of Law Enforcement
"Equal Treatment Requi811on") The Equal T~ea!men! Hogulaliol\ provides in }J<lrllhal
Depar1rnent of Justice grant RV.'ards of direct funding m3Y nol be u;;ed to fund any inherently
religious activities, such as vvorship rel!gio.ls instruction or prosely!ization. Recipients of dIrect
grants may still engage ir; inherently ,"e'igious aC!lvllles. but such activities must be sep8rate in
lime or place fTOm tho Dcpartrmmt of Juslicc :ur~ded proJ'an1 ~4nd participation in such ilctivities
by inciivlduals receivill!J services from Ille [jfi:1ntee or;:; sul).qranlee rnust be voluntary. TIH~ Fql",1
Treatment Regulatioll also 1ll3kes clear that organiZ311ons pilr!icip?!inq in prowamCi directly
funde(J by the Department of Justice are not permiUe(! to discrilllinaie in the proviSion of serVICe",
on :i.,e basis of a benefiCiary's religion ~jotwitl">stCllldilly <'Jill' otlwr sped8i condition of this 8warrJ
. faith based organizations l'nay, In sornp circ; Irns~ancp.s, consider rel\qlOll 8S 8 basis for
8m~loYllle!1t. See Ilttp.ilwWW.0Ip.9o'.'i;:;boLt/ouiequal fbo.lltH).
51. Certification for Employees Working Solely on a Single Federal Award
An'y project staff thai are fully funded by tile grant must ceJHy that tlley worked solely on tile
gr8nt Tile certification mllst be prepared atleasl sellli ;mnualiy and mus\ he signed by the
enl:Jloyee and by a supervisory official tlaving first Ilimd knowledge of the work performed by lI~e
emClloyeA.
SFY 2010
Page 1;.'"
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Ex E
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Ex F
Florida Department of Law Enforpement
Edward Byrne Memorial Justice Assistance Grant Program
American Recovery and Reinvestment Act of 2009
Special Recovery Act Conctlti'9fl$
1. Recovery Act
a. All subgrant recipients must comply with Public law 111-5, the American Recovery and
Reinvestment Act of 2009 (This law is a federal public law).
b The subgrant recipient understands and agrees that all other terms and conditions contained
in this award. or in applicable FDLE or Office of Justice Programs grant policy statements or
guidance, apply unless they conflict or are superseded by the terms and conditions included
Ilere that specifically implement the American Recovery and Reinvestment Act of 2009,
Public LClW 111-5 CARRA" or "Recovery Act") requirements. Subgrant recipients 3re
responsible for contacting their grant managers for any needed clarifications.
c. The recipient agrees to comply with any modifications or additional requirements that may be
imposed by law and future FDLE or Office of Justice Programs (including government-wide)
guidance and clarifications of Recovery Act requirements.
2. Access to Records; Interviews
Th.e subgrant recipient understands and agrees that FDLE, the Department of Justice (including
the Office of Justice Programs and the Office of the Inspector General)), and its representatives,
and HIe Government Accountability Office, shall have access to and the right to examine all
records (including, but not limited to, books, papers, and documents) related to this Recovery Act
award, induding such records of any subgrant recipient. contractor, or subcontractor. See' items
23 and 24 of the Standard Conditions.
The recipient als!) understands and agrees that FDLE, the Department of Justice, and the
Government Accountability Office are authorized to interview any officer or employee of the
subgranl recipient, contractor, or subcontractor regarding transactions related to this Recovery
Act award.
3. One-time funding
The subgrant recipient understands and agrees that awards under the Recovery Act will be one-
time awards and accordingly that its proposed project activities and deliverables are to be
accompfisherl without additional Department of Justice funding.
4. Separate Tracking and Reporting of Recovery Act Funds and Outcomes
The subgmnt recipient agrees to track, account for, and report on all funds from this Recovery Act
award (including specific outcomes and benefits attributable to Recovery Act funds) separately
from all other funds, induding Department of Justice award funds from non-Recovery Act awards
awarded for the same or similar purposes or programs. (Recovery Act funds may be used in
conjunction with other funding as necessary to complete projects, but tracking and reporting of
Recovery Ad funds must be separate.)
Accordingly, the accounting systems of the subgrar)t redpient must ensure that funds from this
Recovery Act award are not commingled with funds from any other source.
The subgranl recipient further agrees that all personnel whose activities are to be charged to the
award will maintain timesheets to document hours worked for activities related to this award and
non-award related activities.
SFY 2010
Page 1
- 418 -
Florida Department of law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
American Recovery and Reinvestment Act of 2009
5. Central Contractor Registration and DUNS Number
. -
The subgrant recipient must maintain a current registration in the Central Contractor Registration
(WiNW.ccr.gov) at all times during which it has any active federal awards funded with Recovery Act
funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(WiNW.dnb.com) is one of the requirements for registration in the Central Contractor Registration.
6. Additional Audit Requirements - Recovery Act Transactions Listed in Schedule of
Expenditures of Federal Awards
a. The subgrant recipient agrees to maintain records that identify adequately the source and
application of Recovery Act funds, to maximize the transparency and accountability of funds
authorized under the Recovery Act as required by the Act and in accordance with 2 CFR
215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals, and Other Non-profit Organizations' and OMB A-102 Common
Rules provisions (relating to Grants and Cooperative Agreements with State and Local
Governments ).
b. The subgrant recipient agrees to separately identify the expenditures for Federal awards
under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the
Data Collection Form (SF-SAC) required py OMS Circular A-133. This condition only applies
if the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local
Governments, and Non-Profit Organizations' cover the subgrant recipient This shall be
accomplished by identifying expenditures for Federal awards made under the Recovery Act
separately on the SEFA as separate rows under Item 9 of Part III on the SF-SAC by CFDA
number, and indusion of the prefix" ARRA-" in identifying the name of the Federal program
on the SEF A and as the first characters in Item 9d of Part III on the SFSAC.
7. Reporting (Section 1512)
a. In addition to the reporting requirements in item 3. of the Standard Conditions, subgrant
recipients must provide any informallon necessary to comply with section 1512 of the
Recovery Act, which requires detailed reporting by FDLE nollater than ten calendar days
after the end of each calendar quarter. Receipt offunds will be contingent upon timely
reporting.
b. The subgrant recipient must complete projects or activities which are funded under the
Recovery Act and report on use of Recovery Act funds provided through this subgrant.
Information from these reports will be made available to the public.
6. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
The subgranl recipient must promptly refer to the Department of Justice, Office of the Inspector
General any credible evidence that a principal, employee, agent, contractor, subcontractor, or
other person has either 1) submitted a false daim for Recovery Act funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct involving Recovery Act funds. Potential fraud, waste,
abuse, or misconduct should be reported to the Office of the Inspector General by-
mail: Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, NW.
Room 4706
Washington, DC 20530
SFY 2010 Page 2
- 419 -
Ex F
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
American Recovery and Reinvestment Act of 2009
e-mail: oig.holline@usdoj.gov
hotline: (contact information in English and Spanish) (800) 869-4499
or hotline fax: (202) 616-9881
Additional information is available from the De[)arlment of Justice Office of the Ins[)ector General
website at wWN.usdoj.govloig.
9. Protecting State and local Government and Contractor Whistleblowers (Section 1553)
The subgrant recipient recognizes that the Recovery Act provides certain protections against
reprisals for employees of non-Federal employers who disclose information reasonably believed
to be evidence of gross management, gross waste. substantial and specific danger to public
health or safety, abuse of authority, or violations of law related to contracts or grants using
Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The
text of Recovery Act is avallable at www.ojp.usdoj.gov/recovery.
10. Limit on Funds (Section 1604)
None of the funds appropriated or otherwise made available in this Act may be used by any State
or local government, or any private entit)'. for any casino or other gambling establishment,
aquarium, zoo, golf course, or swirnrning pool.
11. Infrastructure Investment (Sections 1511 and 1602)
The subgrant recipient agrees that it may not use any funds made available under this Recovery
Act award for infrastructure investment absent submission of a satisfactory certification under
section 1511 of the Recovery Act. Should the subgrant recipient decide to use funds for
infrastructure investment subsequent to award, the subgrant recipient must submit appropriate
certifications under section 1511 of the Recovery Act and receive prior approval from the Office of
Justice Programs. In seeking such approval, thc rccipient shall give preference to activities that
can be started and completed expeditiously, and shall use award funds in a manner that
maximizes job creation and economic benefits. The text of the Recovery Act (including
sections1511 and 1602) is available at www.ojp.usdojgovlrecovery.
12. Buy American (Section 1605)
a. The subgrant recipient understands that this award is subject to the proVisions of section
1605 of the Recovery Act ("Buy American"). No award funds may be used for iron, steel, or
manufactured goods for a project for the construction, alteration, maintenance, or repair of a
public building or public work. unless the recipient provides advance written notification to the
Office of Justice Programs program office for approval. All projecls must comply with
government-wide standard conditions (anticipated to be published in subpart B of 2 C.F.R.
part 176) that further implement the specific requirements or exceptions of sectiOn 1605.
b. Section 1605 of the Recovery Act prphibits use of any Recovery Act funds for a projecl for
the construction, alteration, maintenance, or repair of a public building or public work unless
all of the iron, steel, and manufactured goods used in the project are prOduced in the United
States, subject to certain exceptions, including United States obligations under international
agreements.
SFY 2010
Page :J
- 420 -
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
American Recovery and Reinvestment Act of 2009
13. Wage Rate Requirements (Section 1606)
Notwithstanding any other provision of law and in a manner consistent with other provisions in
this Act. all laborers and mechanics employed by contractors and subcontractors on projects
funded directly by or assisted in whole or in part by and through the Federal Government
pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No.
14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29
CFR Parts 1,3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR
5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set
forth in that section. The standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are to
be incorporated in any covered contracts made under this award that are in excess of $2,000 for
construction, alteration or repair (including painting and decorating).
For additional guidance on the wage rate requirements of section 1606, contact your awarding
agency. Recipients of grants, cooperative agreements and loans should direct their initial
inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted
project to the Federal agency funding the project. The Secretary of Labor retains final coverage
authority under Reorganization Plan Number 14.
14. NEPA and Related Laws
The subgrant recipient understands that all Office of Justice Programs awards are subject to the
National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related
Federal laws (including the National Historic Preservation Act), if applicable. The subgrant
recipient agrees to assist the Office of Justice Programs in carrying out its responsibilities under
NEPA and related laws, if the subgrant recipient plans to use Recovery Act funds to undertake
any activity that triggers these requirements. such as renovation or construction. (See 28 G.F.R.
Part 61, App. D.) The subgrant recipient also agrees to comply with all Federal, State, and local
environmental laws and regulations applicable to the development and implementation of the
activities to be funded under this award. See item 36 of the Standard Conditions.
15. Misuse of award funds
The recipient understands and agrees that misuse of award funds may result in a range of
penalties, including suspension of current and future funds, suspension or debarment from
federal grants, recoupment of monies provided under an award, and civil and/or criminal
penalties.
SFY 2010
Page 4
- 421 -
6. K
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-154 -Approve an
Agreement with RESPECT of Florida for janitorial services at the Utility Department's Administration
Building, East Water Treatment Plant and West Water Treatment Plant for an annual expenditure of
$49, 960.84.
EXPLANATION OF REQUEST: The Utility Department is currently using RESPECT of Florida in our East and
West Water Treatment Plants and Administration Building for janitorial services. The Utility Department would like
to continue utilizing the janitorial services offered by this State organization. This organization provides
employment opportunities for Florida citizens with disabilities. Their work has been acceptable and we would like
to continue their contract services for another year. Attached is a breakdown of services each of the facilities.
Also included is the cost proposal for those services.
For the price quoted by RESPECT, the Department is receiving a greater value than was received under previous
contracts. Although comparative tasks can be denoted in price quotes or bids from other vendors, the quality of
work performed for janitorial services is not easily measured through the bidding process. RESPECT of Florida
has demonstrated an above average level of service, which contributes to providing safe and pleasant workspace
for customers and employees.
Janitorial services provided by RESPECT of Florida in 2006-07 and 2007-08 were $45,741.96 each year for the
East Water Treatment Plant and the Administration Building. In 2008-09 the cost was $49,257.66 which included
the addition of the West Water Treatment Plant.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The cost for the West and East Water Treatment
Plant is $27,045.77; Administration Building is $22,915.07 for a total of $49,960.84 annually.
FISCAL IMPACT: The total cost is $49,960.84 and is available in account numbers:
#401-2811-536-49-17 - $27,045.77 Public Water Treatment
#401-2821-536-49-17 - $22,915.07 Utilities Administration
AL TERNA TIVES:
- 422 -
1. Use City resources - Facilities Management does not have sufficient staff to maintain these
buildings properly. They already contract much of their janitorial services.
2. Issue a separate contract via competitive bidding - the Utilities Department has utilized
contractual services obtained through the bidding process in the past, and the level of service did
not approach the level that has been provided by RESPECT of Florida.
- 423 -
RESOLUTION NO. R
09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING A CUSTODIAL
SERVICES AGREEMENT WITH RESPECT OF FLORIDA FOR
THE EAST AND WEST WATER TREATMENT PLANTS IN THE
AMOUNT OF $27,045.77 AND THE UTILTIIES
ADMINISTRATION BUILDING IN THE AMOUNT OF $22,915.07
WITH A TOTAL EXPENDITURE OF $49,960.84; AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Utilities Department is currently using Respect of Florida for custodial services
at the Utility Department's Administrative Building and the East Water Treatment Plant and would like
to expand their services to the West Water Treatment Plant for a period of one (1) year; and
WHEREAS, RESPECT is a program falling under the auspices of the State of Florida according
to Florida Statute 413.036 which provides employment to disabled citizens of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this Resolution upon adoption hereof
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby approves a
Custodial Services Agreement with RESPECT OF FLORIDA for the East and West Water Treatment
Plants in the amount of $27,045.77 and the Utilities Administrative Building in the amount of
$22,915.07 for a total expenditure of $49,960.84, and authorizes the City Manager and City Clerk to
execute the Agreement between the parties, a copy of which is attached hereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS _ day of October, 2009.
- 424 -
CITY OF BOYNTON
BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner
Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 425 -
~ ~~~'=~~~-
Providing Quality Products and
Services Produced by Florida
Citizens with Disabilities
September 1, 2009
Via Email
Tony Lombardi
Water Treatment Plant
City of Boynton Beach
124 E Woolbright Road
Boynton Beach, Florida 33435
RE: East Admin Bldg and E & W Water Treatment Plant JS Contract PO#090394
Dear Mr. Lombardi:
The above referenced contract is due to expire September 30,2009. RESPECT of
Florida would like to renew this contract with the City of Boynton Beach at the same
annual price of $49,960.84 and at the same terms and conditions of the current
contract. Attached for your review and approval are two (2) proposals: $22,915.07
Administration Bldg and $27,045.77 East and West Water Treatment Plant. If your
agency is planning a change in the current scope of services please contact the Project
Manager listed below.
If the proposals are acceptable, please sign the enclosed form and send it back to our
office via facsimile at (850) 656-0168. Please note that this does not bind your agency
or RESPECT of Florida contractually; it represents an agreement of the stated price for
the proposed service. We will need to receive a contract and/or purchase order before
services can commence. Please address all correspondence and contractual
information to the Tallahassee Office.
We would appreciate your positive consideration of this request and the continued
support to provide employment opportunities for Florida citizens with disabilities. If
you have any questions please contact Nancy Robertson, Project Manager (561) 248-
9077 or email ndovale@,respectofflorida.org.
Please visit www.resvecto(jlorida.org to review other commodities and services offered
through RESPECT of Florida. Together, with the support of your agency by
purchasing products and services, we can continue employing persons with
disabilities in the state of Florida.
Sincerely,
'Nancy Per{man
Nancy Perlman
Service Contracts Administrator
2475 Apalachee Parkway, Suite 205, Tallahassee, FL 323014946
Customer Service (850)487-1471 Administration (850)942-0905 FAX (850)656.0168
www.respectoffloridal.org
- 426 -
~ ~~;a~~~!~
City of Boynton Beach
East and West Water Treatment Plant
Janitorial Services Contract Price Proposal
for Contract Year: October 1, 2009 - September 30,2010
Date of Proposal: September 1,2009
Breakdown of Proposed Price ;,
Direct Labor
Floor Care
$13,557.18
2,992.67
4,489.32
1,478.33
1,755.52
1,150.00
1,622.75
$27,045.77
Fringe Benefits
Chemicals and Supplies
Equipment
General and Administrative Costs
CNA Fee **
Total Annual Contract Price".
.
Above cost line items are projections. Line items may be reasonably adjusted by contract assignee,
without increasing annual price, to accommodate unanticipated costs. Such adjustments must not
adversely effect the performance of the contract and the meeting of contract specifications.
u RESPECT of Florida, as the designated central nonprofit agency (CNA) of the Florida Department of
Management Services, has been authorized a fee of six percent (6%) of the total contract price
pursuant to Section 60E- 1.003, Florida Administrative Code.
."Services will be provided three (3) times per week (Monday, Wednesday, Friday) at the East Water
Treatment Plant and two (2) times per week (Tuesday, Thursday) at the West Water Treatment Plant. Floor
care services will be provided two (2) times per year at the East Water Treatment Plant and one (I) time per
year at the West Water Treatment Plant. Floor care will consist of: sleam cleaning all carpeted areas, scrub
and finish vinyl tile floors.
I accept the above price for the identified contract.
(Signature of Authorized Representative)
(Print or T}pe Name)
(fllle)
(Date)
Signing thi8 price proposal does not contractually bind your agency nor RESPECT of Florida.
Jt simply Indicates an agreement of the price for the stared services. Please fax approval back
to RESPECT of Florida at (850) 656-0J68 Attn: Nancy Perlman. Thank You.
f:\gmupslrespect\serviceslproposalsICity Boynton E W Water ptant J5 (27045) 1O-2009_09-2010.xls
- 427 -
~ RESPECT..
"'IIiiiiiiii.. c::u= FLC:U=" C>~
City of Boynton Beach
Administration Building
Janitorial Services Contract Price Proposal
for Contract Year: October 1, 2009 - September 30,2010
Date ofPropollal: September 1,2009
Breakdown of Proposed Price *
Direct Labor
$12,080.39
3,181.48
1,365.36
640.00
Fringe Benefits
Chemicals and Supplies
Equipment
General and Administrative Costs
Floor Carc
1,228.48
2,763.45
281.00
Window Cleaning
CNA Fee **
1,374.91
$22,915.07
Total Annual Contract Price***
*
Above cost line items are projections. Line Items may be reasonably adjusted by contract assignee,
without increasing annual price, to accommodate unanticipated costs. Such adjustments must not
adversely effect the performance of the contract and the meeting of contract specifications.
** RESPECT of Florida, as the designated central nonprofit agency (CNA) of the Florida Department of
Management Services, has been authorized a fee of six percent (6%) of the total contract price
pursuant to Section 60E-1.003, Florida Administrative Code.
***Services will be provided three (3) times per week (Monday, Wednesday, Friday). Floor care services
will be provided one (I) time per year and will consist of: Front Lobby - scrub tile and grout and color seal
tile; Bathrooms and Work Stations - scrub ceramic floor tile and grout; steam clean all carpeted areas;
Kitchen, Stair Landings, Labs and Offices - scrub and finish vinyl tile floors. Exterior window cleaning
services will be performed one (1) time per year.
I accept the above pricc for the identified contract.
(Signature of A u/horized RepTe.en/attve)
(Print OT Type Name)
(Titk)
(Da/e)
Signing this price proposal does not contractually bind your agency nor RESPECT of Florida.
/t simply indicates an agreement of the price for the stated senices. Plea.~e fax approval back
toRESPECTot:Florlda at (RS01 6S6-0168.A1Jn; N~ Perlman Thank You.
f'\groupstrespcct\Scifkc:i'iproposals\City~oynton Aamm JS (219b UI) ro-2(f09::.o".:mrO.xls
- 428 -
6. L
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-155 - Approve a
new inter-local agreement with the Solid Waste Authority (SWA) for delivery of municipal recycling to
their new facility with a revenue sharing program.
EXPLANATION OF REQUEST: Currently the City of Boynton Beach has an inter-local agreement
with the SWA for the delivery of all municipal recycling to their facility. On February 17, 2009,
Commission approved a new inter-local agreement for municipal recycling that would have
expired September 2013. The SWA has submitted a new inter-local agreement that includes a
provision to share the revenues from the sale of recyclables on a 50-50 split less their
operating expenses. The estimated annual revenue will be $60,000.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The recycling program and the delivery of
the material will not be impacted. Additional revenue will be realized in the Solid Waste fund.
FISCAL IMPACT: Failure to execute the agreement will cause the City to not realize the
additional revenues.
ALTERNATIVES: Stay with current 5-year agreement and not participate in the revenue share
program.
- 429 -
RESOLUTION R09-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND SOLID WASTE AUTHORITY OF PALM
BEACH COUNTY FOR A MUNICIPAL RECYCLING TO ITS
NEW FACILITY WITH A REVENUE SHARING PROGRAM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, On February 17, 2009 the City Commission approved a new inter-local
agreement for municipal recycling that would have expired in September, 2013, and;
WHEREAS, the Solid Waste Authority has submitted a new agreement that includes a
provision to share the revenues from the sale of recyclables on a 50-50 split minus the Solid Waste
Authority's operating expenses; and
WHEREAS, upon the recommendation of staff, the City Commission hereby approves and
authorizes the execution of the Interlocal Agreement between the City of Boynton Beach and Solid
Waste Authority for a Municipal Recycling Program and revenue sharing program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption hereof
Section 2.
Upon recommendation of staff, the City Commission does hereby approve
and authorize the City Manager and City Clerk to execute this Interlocal Agreement between the
City of Boynton Beach and Solid Waste Authority of Palm Beach County for a Municipal Recycling
Program and revenue sharing program, a copy of which is attached hereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of October, 2009.
- 430 -
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\Reso - ILA tor Municipal Recycling with shared rev. doc
- 431 -
Mayor
/
Yf:; 09
~~r
,~l/.
i~t~E~~P~/. ~20\O~9' ~:rrw~/u~
YOUR PARThER FOR ~ U '- /1 UJ I
August 2009 SOLID WASTE SOL\JTrONS
Dear Municipal Partner. CITY MANAGER'S OFFJfJ
The Solid Waste of Palm Beach County (SWA) Board has approved a recyclable
revenue share program for our municipal partners. The program will become effective
October 1, 2009 or immediately following the execution of the attached new Interlocal
Agreement (ILA), if later.
With the exception of the addition of the recyclable revenue share program, the new ILA
is very similar to the previous one approved last year.
Following your review and approval, the new lLA will replace our previously executed
ILA.
Should you have any questions or would like to meet with our staff please contact me at
(561) 697-2700, ext. 4725 or 866-792-4636, ext. 4725 toll-free to schedule a meeting.
We look forward to continuing our partnership and providing our customers the highest
level of services at the lowest rate possible.
Thank you for your continued support.
Sincerely,
,rIt
~ . ------=
q;;; - rCha:o, Director
Customer Relations
7501 ~J(Jrth Jog Road, West Palm Beach, Florida 33412. (561) 640-4000. Fax (561) 640.3400
Customer Information Services: (561) 697-2700' TolI.Free: 1 (866) 792-4636
- 432 -
INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE
TO DESIGNATED FACILITIES AND FORA MUNICIPAL REVENUE SHARING
RECYCLING PROGRAM
THIS AGREEMENT, made and entered into this 26 day of August, 2009 by and
between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent
special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter
called "Authority", and the CITY OF BOYNTON BEACH, a municipal corporation, chartered
and organized in accordance with the laws oUhe State of Florida, hereinafter cal1ed "CITY".
WITNESSETH:
WHEREAS, the Authority has been empowered by law to carry out the powers,
obligations and requirements in Palm Beach County, Florida, prescribed to a "county" pursuant
to the provisions of Chapter 403, Part IV, Florida Statutes; and
'WHEREAS, Chapter 403, Part IV, Florida Statutes encourages counties to enter into
1ntcrlocal Agreements with municipalities to establish recycling programs and carry out
recycling activities; and
\VIIEREAS, the Crry desires to work in cooperation with the Authority to continue a
municipal recycling program toward achievement and maintenance of the State recycling goal
and the requirements of Chapter 403, Part 1 Y, Florida Statutes; and
WHEREAS, the CITY provides felr the collection of Solid Waste ITom the residents and
businesses and Residential ReeoveredMaterials within its boundaries and recognizes the need
for safe and sanitary processing and disposal of Solid Waste and Residential Recovered
Materials; and
WHEREAS, the CITY wishes to participate in a coordinated County-wide program tor
the managernent of hazardous waste and control of Solid Waste processing and disposal and
residential recycling participation in cooperation with federal, state, and local agencies
responsible for the prevention, control, or abatement of air, water, and land pollution; and
WHEREAS, the Authon!y and City wish to enter into this Interlocal Agreement to set
out the terms of this coordinated program;
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit
ofthe CITY, its constituents and the Authority, it is agreed as follows:
1, Purpose
The purpose of tlus Agreement is to set forth the tenns and conditions for the delivery of
municipal Solid Waste to Designated Facilities and for the operation of a recycling
- 433 -
program between the Authority and the CITY in this combined agreement which upon
execution by both pmiies sha1l automatically rescind the INTERLOCAL
AGREEMENT FOR THE DELIVERY OF ,\,lUNTCTPAL SOLID WASTE TO
DESIGNATED FACILITIES AND FOR A MUNICIPAL RECYCLING
PROGRAM and shall become effective upon filing with the Clerk of the COUlis in
accordance with Chapter 163, Florida Statutes.
2. Deliverv
The CITY agrees that all Solid Waste and Residential Recovered Materials collected by
or on behalf of the CITY shall be disposed of at a Designated Facility in accordance with
this Agreement.
3. Info1l11ation
The CITY agrees to cooperate with the Authority to provide all necessary and required
in1'01111ation to the Authority in a timely ma11l1er so that it can be detennined if the
CITY's Solid Waste and Residential Recovered Materials are being delivered to a
Designated Facility.
4. Revenue Sharing
The Authority agrees to pay the CITY a minimum of 50% of the Net Revenues earned
from the sale of Residential Recovered Materials attributable to the CITY on a quarterly
basis. The actual perccntage will be dete1111ined annually through the Authority's budget
process. Net Revenues are defined as Recovered Residential Materials Revenue less
Processing Cost. The Net Revenue distribution formula will be based on Equivalent
Residential Units (ERU's) serviced by the CITY in relation to the total number of these
units for all county municipalities less the ERU's serviced by participating Self Haul
Cities or on the actual amount delivered for municipalities that haul their own material.
(see Ex. A.)
5. Facilitv Availabilitv
The Authority agrccs to maintain its disposal facilities to cnsure adequate capacity for the
CITY's Solid Waste and Residential Recovered Materials and to operate within all
applicable local, state and federal environmental guidelines.
6. Corrmliance with Zoning Ordinances
Any transfer and/or disposal of Solid Waste ane! Residential Recovered Materials shall be
undertaken in a location suitable and adequate for such activity and shall comply with all
local zoning ordinances and any other applicable local and state statutes, ordinances and
regulations.
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The CITY further agrees TO use its best efforts to amend or modify its appropriate zoning,
building, or land development code to require new multi-family or commcrcial
developments to provide adequate space for recycling containers,
7. Collection ofRecyclahle Material
Individual residents/homeowners shall be encouraged by thc CITY to separnte their Solid
Waste into Recyclablc Material and non-Recyclable Material. Each residential unit or
combination of units will reccivc thc appropriate type and number of reusable containers,
in accordance with the countywide recycling program, into which Residential Recovered
Matcrials will be deposited.
The Authority retains tbe right to modify the manner in which materials are set out for
collection with proper notice to the CITY.
The Authority reserves the right to add or delete allowable Recyclable Materials and
when doing so will provide the City with sufficient notice to make those changes.
8. Commercial Recycling Revenue Share
As a further incentive for the CITY to actively pursue commercial recycling, the
Authority and the CITY may enter into a separate agreement to provide for payment to
the CITY for ccriain high quality separated materials. Types of commercial recyclable
materials eligiblc for payment shall be determined by the Authority.
9. Iml)ro1)erl)' Prenared Residential Recovered Materials
The City will make every reasonable effort to ensure that the collector picks up all
Residential Recovered Materials and delivers Acceptable Loads to a Designatcd Facility.
As a means of strengthening the CITY's ability to have its collector fulfill the CITY's
recycling needs, the CITY agrees to notify and consult with the Authority when preparing
tbe CITY's future request for collection franchise bids.
It shall be the responsibility of the CTTY or its collector to contact residents or businesses
that repeatedly place impropcrly soried materials in their designated container and inform
and encourage them to properly sort materials. If the problem persists, the CITY shall
notify the Authority, \vho shall then assist the CITY in resolving the problem.
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10. Recycling Containers
The Authority shall provide yellow and blue eighteen (18) and nillety-six (96) gallon
recycling containers. The yellow and blue colors ret1eet a consistent educational
advertising effort through TV commercials, newsprint, radio, mailer, or other source. The
Authority will periodically replace these containers at its cost to allow for n01111al wear
and tear.
It is the CITY's responsibility to make sure it or its collection contractor has equipment
compatible to provide proper collection of these recycling containers without damage.
The CITY or its collection contractor shall be responsible for replacement of any
recychng container(s) damaged during service at no additional cost to the Authority.
12. Unaceentable Loads
In the event that a load of supposed Residential Recovered Materials delivered to a
Designated Facility when dumped contains:
I) In total less than 88% by volume Recyclable Material or
2) the Container Recyclable Material load contains less than 88% Container Recyclable
Material or
3) the Fiber I\'1aterialload contains less than 95% Fiber Matelial, then
It shall be deemed an Unacceptable Load and the Authority has the right to reject the load
and to charge the City the full disposal fee for each ton within the load. In the event that the
same vehicle delivers subsequent Unacceptable Loads, the City shall also be penalized a
base fine of $250 times the number of otfenses (Example: tOU1ih offense = $1,000.00).
13. Promotion and Education Rcsponsibilities
Thc Authority will provide recycling bins/containers and assist in promoting and
educating rcsidents within the CITY in an effoli to work together and increase rccyclable
tonnages.
14. Scavenging
The CITY will take such action as is necessary and reasonable to ensure against and
prevent scavenging and unauthorizcd removal of slIch recycJablcs within the jurisdiction
of the CITY.
15. Term
This Agreement shall begin on the later of its effective date or October 1, 2009 and
continue through September 30, 2014 and shall automatically be renewed for successive
five (5) year periods. Either party may terminate this agreement on any rencwal date by
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providing written notice to the other party by the preceding April 30th. Notwithstanding
termination, any rights or duties imposed by law shall remain in effect.
16. Chang~nLaw
In the event any change in law abrogates or modifies any provisions or applications of
this Agreement, the parties hereto agree to enter into good faith negotiations and use then
best efforts to reach a mutually acceptable modification of this Agreement.
17. Notices.
All fonnal notices affecting the provisions of this Agreement shall be deli vercd in person
or be sent by registered or certificd mail to the individual designated below, until such
time as either party fumishes the other party written instructions to contact another
individual.
For the Authority: _
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attention: Executive Director
For the CITY:
City of Boynton Beach
PoBox310
Boynton Beach, FL 33425
Attention: Citv Manager
IS. Severability
If any clause, section, or provISIOn of this Agreement shall be declared to be
unconstitutional, invalid or unenforceable for any cause or rl:;ason, or is abrogated or
negated by a change in la\'/, tile same shall be eliminated from this Agreement, and the
remaining portion of this Agreement shall be in full force and effect and be valid as if
such invalid p01iions thereof had not been incorporated herein.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of
the later of October 1, 2009 or the day and year first above written:
As to the Authority:
WITNESSES:
SOLlD WASTE AUTHORITY OF
PALM BEACH COUNTY
Mark Hammond, Executive Director
ATTEST:
SOUD WASTE AUTHORITY or
PALM BEACH COUNTY
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ATTEST:
(Affix Municipal Seal)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Legal Counsel
Solid Waste Authority of Palm Beach COLlnty
Date:
------
Sandra J. Vassalotti, Clerk to the Authority
As to the CITY:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Date:
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EX. A
Recovered Materials Revenue Sharing Program
Definitions:
Acceptable Load - Any load of othenvise Residential Recovered Material that contains no
Prohibited Material and a minimum of 88(~/o Recyclablc Material in total, the containerized
material component contains a minimum of 88% Container Recyclable Material and the fiber
component contains a minimum of95% Fiber Material.
Acceptable Material- Container Material and Fiber
Container Recyclable Material - Includes aluminum cans, foil and pans; aseptic containers;
gable-topped containers; glass bottles and jars (green, brown and clear); and plastic containers #
1 - #7 (except Styrofoam). Upon commencement of operation of the new RMPF (est. 10/09)
steel cans may be added to this category.
Combined Haul City - A political subdivision that has executed this Agreement and delivers its
Residential Recovered Materials to the Autbority along with Residential Recovered l'vIaterials
collected from residential properties from other political subdivisions participating in tbe
Revenue Sharing program,
Designated Facility ~ The Authority's RMPF, RMRF, any SW A owned and operated transfer
station or any other facility speciflcally authorized by the SW A.
Equivalent Residential Unit (ERU) - Single Family and Mobile Homcs cquall ERU, Multi-
Family Homes equal .75 ERUs.
Fiber 'Material- Includes newspapcrs (including inserts); magazines and catalogs; phone
books; cOlTugated cardboard; and kraft bags. Upon commencement of operation of the new
RMPF (est. 10/09) Residential Mixed Paper may be added to this category.
Net Revenue - Recovered Residential Materials Revenue minus Processing Cost
Processing Cost - Rf'vIPF Operator's Fee
Prohibited Material- Hazardous, medical or biological waste
Recyclable Material-Includes Container Recyclable Material and Fiber
Residential Mixed Paper - Includes cereal boxes and junk mail
Recovered Residential Materials Revenue - Total earned revenue fi-om the sale of Residential
Recovered tvfaterials
Residential Recovered Materials - Acceptable Materials collected tram residential units less
Unacceptable Materials and Prohibited Materials delivered to the Authority's Designated
F acili ti es
Revenue Share - Approved percentage to be applied to Net Revenue for payment to
participants. The minimum shall be 50%.
Recovered Materials Processing Facility (RMPF) - A new facility that will replace the
RMRF. Estimated date of operation is lO/1/2009.
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Residential Materials Recycling Facility (RMRF) - The existing Residential Materials
Recycling Facility. A replacement facility (RMPF) is under construction and expected to be
operational on or about Octobcr, 2009.
Self lIaul City - A political subdivision that has executed this Agreement and collects its own
Residential Recovered Materials :md no other material and delivers it to the Authority or who
uses a private contractor that collects its Residential Recovered Materials and no other material
on dcdicated routes and can positively demonstrate that they have collected and are delivering
only that jurisdiction's Residential Recovered Materials to the Authority.
Solid Waste - Solid waste means garbage, sewage, sludge, septage, rubbish, refuse,
and other discarded solid or liquid materials rcsulting from domestic, industrial, commercial,
agricultural, and governmental operations, but does not include solid or dissolved materials in
domestic sewage, stOrIn drainage, or other significant pollutants in water resources, such as silt,
dissolved or suspended solids in industrial wastewater effluents, dissolvcd materials in irrigation
return flows, or other common water pollutants.
Unacceptable Matcrial- Any material other than Acceptable Material and Prohibited Material
Revenue Share Calculations
The Net Revenues to be shared will consist of the Recovered Residential Materials Revenues
received by the Authority for each quarter less the Processing Cost t()!" that quarter. That amount
will be divided by the total tons received to determine an average price per ton and then
multiplied by the adopted Cllmual revenue share percentage (minimum 50%) to set the program
priec to be paid for the quarter.
Each participating municipality will either be classified as a Self Haul City or a Combined Haul
City. Self Haul Cities will receive a revenue share based on the actual weight of Acceptable
Loads delivered to an approvcd facility. The others will share the balance ofthose revenues in
proportion with their total ERU' s serviced in comparison to the totals for all cities in Palm Beach
County except the Self Haul Cities.
Participating entities will bc required to sign an ILA that automatically renews at the end of each
term. Either patty may terminate the ILA early effective any renewal date with a minimum of
five months notice.
The Authority will continue to provide the necessary bins and ongoing cducation and advertising
as provided in this Agreement.
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6. M
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Proposed Resolution No. R09-156 --Approve the sixty-
three (63) month Application Service Provider agreement with SunGard Public Sector Inc., effective
October 1 , 2009, to host their integrated HTE government application-software package and the City's
data at SunGard's secure Georgia data-center. The total sixty-three (63) month cost is $879,765 (minus
a $30,332.82 credit for October 1 through December 31,2009), in accordance with the attached
"Schedule A- Order Form".
EXPLANATION OF REQUEST:
City departments use SunGard Public Sector's HTE governmental software for: general ledger, utility
billing, web-based utility payments, electronic payments to vendors, business tax, payroll/personnel,
human resources, online-recruiting, fleet management, and other functions.
The Information Technology Services (ITS) Department runs the HTE software on an IBM AS/400 mid-
range computer at City Hall.
For Fiscal Year 2008-2009, the City budgeted approximately $260,000 for comparable costs as follows:
. Approximately $190K for HTE software licensing, upgrades, and maintenance. (Although ITS
decreased the amount actually paid by eliminating some support and a one-time credit.)
. $28K for AS/400 hardware repair, maintenance, and operating system upgrades.
. $39K for a disaster-recovery agreement to respond to any local disaster by quickly bringing
replacement computer hardware.
. $3,600 for a contract for secure off-site storage of City backup-data tapes.
The City is facing the following issues:
. The City's data and main financial applications are stored on a single AS/400 at City Hall.
There is a disaster recovery contract to provide replacement hardware; and the City's data is
regularly backed-up and sent off-site. Nevertheless, there would still be "down-time" in the
event of a local disaster.
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. The AS/400 hardware is aging and near its "end-of-life. Almost all of the AS/400's storage is
already in use, so it is very difficult to load and test any new software releases. The purchase of
a new AS/400 would require a capital outlay of approximately $100K. (The $100K would be
amortized over approximately 5 years, for a yearly depreciation of about $20K.)
. If a new AS/400 is not purchased, the City can expect the cost for annual hardware
maintenance to increase when the maintenance contract is renewed.
Therefore, staff is recommending that the City should enter into an agreement with SunGard to migrate
the City's data plus SunGard's HTE applications to a larger AS/400 located remotely in their Alpharetta,
GA datacenter.
Sungard will continue to provide the City with maintenance for their HTE software applications in use
here at City Hall; while simultaneously setting up and testing their HTE sofrware, the City's other existing
AS/400 applications, and the City's data on their Georgia AS/400. Sungard will credit the City for the
unused annual maintenance fee already paid for October through December 2009 and apply it to the
new contract. Starting with January 2010, the annual cost for each of the first two years is $154,800,
payable monthly. Then the annual fees increase during years three through five for a total sixty-three
(63) month cost of $879,765 (minus the credit) in accordance with the attached "Schedule A - Order
Form", as outlined below in Fiscal Impact.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
City Departments would continue to use their existing desktop computers to access the software and
data as they do now.
. The City already has other applications that are hosted remotely, such as portions of the
Boynton Beach web site, Boynton QA, Internet security (i.e., firewall), etc. There is seamless
integration between internal applications and those that are hosted externally.
. ITS staff would continue to assist City HTE users, program customized reports, analyze the
data, etc. Certain routine IT tasks (e.g., loading daily back-up tapes) would be off-loaded to
SunGard data-center staff. This could free up additional time for in-house ITS staff to assist City
computer users.
In addition, a remote AS/400 would greatly increase our level of disaster preparedness.
. City personnel would be able to access the City's financial and other systems from any site with
an internet connection in case of a local disaster at City Hall. This would include the City's new
Emergency Operations Center (EOG) at Fire Station 5 or other sites.
. The City's software and data would be offsite in Georgia. It is unlikely that the Georgia
datacenter would be simultaneously affected by the same disaster that affects southeast
Florida. In addition, SunGard is in the disaster recovery business with multiple datacenters (and
multiple AS/400s) across the United States.
FISCAL IMPACT:
The proposed SunGard agreement would host the HTE software and the City's data on a larger AS/400
for an initial annual cost of $154,800, which is budgeted in the ITS FY 2009-2010 operational account
#001-510-513-64-15.
. There is no additional "rental" for using the SunGard data-center AS/400. The agreement
eliminates the capital cost for a new AS/400 and also decreases the 2009-2010 ITS operational
budgets.
. The five-year contract keeps this price "flat" for 2 years, and then prescribes the annual
increases. The monthly access fees follow:
Per Month
$10,110.94
Per Year
$30,332.82
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Notes: For the 3
. SunGard has extended this discounted offer until Oct 30, 2009. months - Oct
. The city will receive 3 months credit from the previous HTE through Dec.
licensinq and support contract
Months 4 -15 $12,900.00 $154,800.00
Months 16 - 27 $12,900.00 $154,800.00
Months 28 - 39 $13,932.00 $167,184.00
Months 40 - 51 $14,930.00 $179,160.00
Months 52 - 63 $16,124.00 $193,488.00
. After the in-house AS/400 is eliminated, the City may also achieve additional savings in the
separate disaster recovery contracts (which provide for off-site data-storage and equipment in
case of a disaster).
ALTERNATIVES:
The alternatives are to:
1. Do Nothing -- Retain our current in-house AS/400 and delay any software upgrades. This will
actually become the most expensive alternative, since the 48-month maintenance cost for the
City's current AS/400 is expected to increase to more than equal the 48-month cost to lease a
new AS/400.
2. Budget to purchase a new AS/400 (approximately $100K capital cost) - in addition to the
current operating costs.
3. Lease a new AS/400 (approximately $108K for a 4-year term) - in addition to the current
operating costs.
- 443 -
RESOLUTION R07-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER AND CITY CLERK TO EXECUTE A
SIXTY-THREE (63) MONTH APPLICATION SERVICE PROVIDER
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
SUNGARD PUBLIC SECTOR, INC., TO HOST THEIR
INTEGRA TED HTE GOVERNMENT APPLICA TION SOFTWARE
PACKAGE AND THE CITY'S DATA AT SUNGARD'S SECURE
GEORGIA DATA-CENTER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, City departments use SunGard Public Sector's THE government software for:
general ledger, utility billing, web-based utility payments, electronic payments to vendors, business tax,
payroll/personnel, human resources and other functions; and
WHEREAS, upon recommendation of staff, the City Commission has determined that it is in
the best interests of the residents of the City to approve and authorize the City Manager to execute a
sixty-three (63) month Application Service Provider Agreement between the City of Boynton Beach
and SunGard Public Sector, Inc., to host their integrated HTE Government Application Software
package and the City's data at SunGard's secure Georgia data-center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize and direct the City Manager and City Clerk to execute a sixty-three (63) month
Application Service Provider Agreement between the City of Boynton Beach and SunGard Public
Sector, Inc., to host their integrated HTE Government Application Software package and the City's data
at SunGard's secure Georgia data-center, a copy of the Provider Agreement is attached hereto as Exhibit
"A".
Section 3.
This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this _ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
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Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 445 -
SUNGARD' PUBLIC SECTOR
Slipplemell1 to IIIe SUIlGtlrd Public Sector Inc. Applicatioll Service Puwider Agreenu.ml
Sclwdl4le A - Order Form
This Schedule A - Order F(JrTI1 is entered into under the terms and conditions oflhe SUllGard Public Sector Inc. ^pplkatioll
Service Provider Agreement of even date herewith (Agreement), bel\veell SunGllrd Public Sector I nc, (SunGlIrd Public Sector) and
City of Boynton Heach, FI_ (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall
remain in effect.
Agrcemenl Number:
BYB2-09053 1-1
Yes No
initial Order Form X
Replacement Order Form X
Rcolaccs Order Dated
Customer Name:
City of Boynton Beach, fL
I. IIlilia] Term: Begins October 1,2009 and expires sixty-three (63) months fi'om the date the initial Momhly Access Fee is due
under this Schedule A - Order F()rTI1.
2. Application Groups; Start-Up Fees and Monthly Access l~ees
Applications 81l<IIOr Servie"s Monthly Acceu
Start-Up Fee Feo
E.i,tln9 Products GMBAwlE>1ended Reporbng - GMlER, A1;c<;>unls Receivable- $ 15,05J.00 $ 9.55000
(Curr(lntly Lic"nsed) MR. Fixed .....ett; . FA, PllyrolilPersonnel . PR.
Purchasingllnvent<;>ry- PI, Procllrem"IHC"td. PC, Human
Resources. HR. Cash ReMipt$ . CR, w<;>m Orders/Facility
Manago'tment- WF, Fleel M(lna\lement. FM, L"ndlParcel
MaMgement- LX, Eluilding Permits - BP, Code Enforcemenl-
CE. Elusiness Licenses - OL, Plsnning and Engineering - PZ,
Cuslorner Inrorm"tion Systems. ex, Click2Gov Core Module
Em~edded. Kl. Cliak2GcvApplicanl.. KA, Click2GavOL
Module - K6, Click2GovCIS Modul" - K2, OnePoinl Core - KL,
One-Point C2G CrodltC"rd Acliv"ti<;>n - K4, Oocum enl
Management Syst"m s - OX, RecTrac InlertaC() to GM - VC,
RecTrac Interface to CR - VI, I'lP Voice Response (Tel()warks)
- V1. CRep Cetel<;>gS (GM. ElP. PR. FA, PI. CR, LX, PZ, 01... HR.
KA)-CJ
N"w Pr<;>ducts QRep Gatalog. (We. PC, FM) - CJ Included in Included in M:Jntl1ly
(N01 Curronlly LicenSed) SU3rt-Up Fee Acce.. Fee
Third Per1y Products QRep I'dmin U,er [2 User). CG Admin. QRep End User (20 InCluded in Included in M:Jnlhly
(ClIrr(>ntly Licensed) Users). CG Stsrt-Up Fee MMS. Fee
Retr'ofil Mainten.ance 6 Objects lr"lCluded in ~OOO
Stsr1-Up Fee
Click2Gov Hardware and Softwara will be hos:ed and Included in Included m M:Jntl1ly
Hardware AIIQ(:sllon mana\l"d by SunG",d Public Sector. VPN concentrator option
to include managemenl aPod configuration ofVPN tUMel. Start.Up Fee Access fee
AddillMl1ll.ibrl1ries Additional Payrolr Pension L1bra,y Included in lncludecl ;n Monthly
Start-Up Fee Acce.s Fee
Ser..-ieelS Setup, Implementation. HEI..P C"rd. Disester Rec<;>~ry plan Included in Included in Monthly
for SunGard Public Seclor applicaticns Start-Up Fee kcess Fea
Subtotal; 15,053.00 MOo.oO
Concurrent SeS5-ion3 .. MOl1thly Access Foes
22 ASP LPAR E;n..;ronment 3,300.00
I SaaS PrOmotional Discount 1 (15.053)
! Syst"m Total: $ $ 12,900.00 '
APPLlCARLF; TAXF-S ARE NOT INCLUDED IN THIS SCHEDULE A- ORDER FORM, AND, IF APPLTCAllLli:, WILL
HE ADDED TO THF: AMOUNT IN THF. PA Yl\1ENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER
'Slan-Up Fcc i~ bascd on usc of SunGard Public Sector's Standard ASP Implementation Methodology.
^~P ^~T'=='llellt. Sl;.'ht::dlll~ ^ - Order Form
Vert.lIOIO~
I-"a~e ~ oD
HYU2.(t<.)(I~:i I-t ^$l' ::;tJ.lu~dlll~ ^_1)~2109.doc
911111009
- 446 -
.. Numbct. ofConcurrefll Sc~~ions listed above u~eu in the calculation for the M~mthly Access Fees. Changes to the number or
Concurrent Sessions may impact the Monthly Access Fee. ConCLtITCllt Sessions are calculated on a 15 to 1 riltio or User ID's to
ConCLtrrent Users. As ofthe contract execution date, Cu~lomer is estimated 10 h:lVe 330 User ID's. Should the number of User [D's
exceed 345, additional Concurrent [hcrs will be added. This shall occur no earlicr than October 1st, 2010.
3. f'ayment Terms:
Monthly Access Fee:
The initi.ll Monthly ACCe5S Fee will be due October 1,2009. Subsequent Monthly Access Fees will
be due on the first oflhe month thereafter. Monthly Access Fees will be invoIced in advance on a
monthly basis for a term (11' sixty-three (63) m(mths at the rates li~ted below.
Months I - 3
Months 4 -15
Months 16-27
:vtollths 28 - 39
Months 40 - 51
Months 52 - 63
$10, 110.94 per month Or $30,332.82 partial year; %
$12,900.00 per month or $154,800.00 per year; ·
$12,900.00 per month or $154,800.00 pel' year;
$13,932.00 per month or $167, 184.00 per year;
$14,930.00 per month l)r $179, 160.00 per year;
$16,124.00 pel' month or $] 93,488.00 per year;
Following the initi,llteI111, Services will be provided on a year-to-year basis pmvided the ClIstomer
exercises the option ilnd pays the then eU1Tenl Monthly Access Fee.
Travel ,md Living expenses: Services provided under this Supplemelll are performed remotely. Should Customer desire
SunGard PLlblie Sector provide on-site services, Customer must make sllch request in writing.
Customer acknowledges that travel and living expcnses are in addition to the prices quoted herein
and will be invoiced as Incurred and such travel expenses will be reimbursed in accordance with
Florida Statule 1 12.061.
Note:
I SaaS Promolion Discount valid llnli! September 30, 20D9. Discol1llt is for SunGard Public Sector ASP set-up services only.
· Monthly Aeee% Fees for the period October 1,2009 lhrough December 31,2009 will be billed at Il reduced rate. For the period
beginning January I, 20 I 0 Customer's M(lnthly Access Fees will be at the rales listed in Section 2.
} Following the execution of this Seh,-dule A-Order Form, any new Modification Retrofits provided by SunGard Public Sector will
be added to the next annual renewal pf..'I"iod, pursuant lo Section 6 below.
~ Monthly Access Fees li~ted above are for the Applications and Services listed in this Seetion 2 of this Schedule ^-Order Form
only.
4. Maintenance Credit: A credit in the amollnl or the unused portion of maintenance paid by Customer shall be applied toward
Customers Monthly Access Fee. The ulltlsed portion of paid mainlenance wIll consisl of the amount llllused as of October I,
2009. The full amount of maintenance Customer has paid is $121,483.00 for the period beginning January I, 2009 through
December 31,2009.
5. Maintenance 'l'ermillalion; Upon commencement of billing for the MOlllhly Access Fee, Customer acknowledges the
termination of their Clm-ent maintenance billing for the above listed applications in the "Existing Products (Currently Licensed)"
and "Third ParI)' Products (Currenlly Licensed)" secdon(s). SunGard Public Sector shall continue to provide Cuslomer with
maintenance of [hese pHlducts until the triln~ition to the ASP Environment is complete, at which time maintenance will he
term i nated.
6. Modification Retrofits. For each non-standard Application in library 1.ITEMOD that was written by SunGaru Public Sector or
any Applic;ltion that has had eustom modifkatlons pcrformed by SunGard Public Sector at the Customer's request, SunGard
Public Sector will perform all neeessilry programming to ensure that the program is compatible with each new sollwarc release,
version, or program temporary fix made available by SunC1ard Public Sector. I'ees for Modiflcatioll Retrofits to be Illaintained
are determined on an annual basis. This determination is based llpon the number of modified objects prior to the beginning of
each annualized ASP Term muiliplied b)' the then current rate charged per object.
7. Hardware; Customer is responsible for providing the OMS server. The DMS server is owned by Customer and shall reside at
Customers sile for case of management. The Click2Gov server shall reside at SunGard Publ ic Seewr's Lake Mary office. The
Click2Gov SerVer is owned by SunGard Public Sector and is not the property of the Customer. The VPN Concentrator Option
includes a router, which will be provided by SllflGllrd Puhlic Sector to Customer. The roulcr is, and shall remain. the properly or
SunGard Publ ic Sectfl!'.
AS,(' AgloCl.:IILCI1I, .sl.:h~~I\llol; ^ - Order Form
Vo,01.Q1.08
P~"Ige ~ ('If;>
BYlt,.f,905J I-I ASP' Schedule A_a82WIj,d~1c,:
9/1712009
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The lerm~ and conditions contained in thi~ Schedule A - Order' Form, includin2 the prices, will be honored liS set forth herein,
provided thi~ Schedule A - Order Form is Cully executed by October 30, 2009.
The uttached Standards Sheet is upplicable to the services ordered above.
CITY OF BOYNTON BEACH, FL
Prim Name & Title
SUNGARD PUBLIC SECTOR INC.
~/~~q- ~~
ALltlwri.<;.ed Signatun;
Ronala ~. t.;iOOOrOW
Exec.VP, SunGard Public Sector Inc
Print Name & Title
Authorized Signature
Date
September 17, 2009
Date
ASP A.grc-cmcll1. Sdl~dLlI~ A - Ol'dl,;~. Flinn
Vcr o 1.0 1.0R
r+lg~ ~ l}fJ
BYB2-09'Cj] I-I ASP ~c::I...:dlll,= ^ _ ~)~~I()(J.doc
9/1712009
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SUNGARDe PUBLIC SECTOR
CLIENT SERVICES
ASP iSeries Standards Sheet
(Attachment to Schedule A - Order Form)
1. Terminology
Term Definition
Host Computer System All hardware and software hosted by SunGard Public Sector Inc.
on behalf of the customer. This includes the iSeries. Wintel
servers and preferred 3(~ party software.
ISP Internet Service Provider
System Administrator The individual designated by SunGard Public Sector Inc. who is
responsible for the operation of the Host Computer Systems
WinTel Windows operating system using an Intel processor
2. Systam Availability
The scheduled hO<,lrs of availability for the Host Computer Systems are 24 hours per day Monday -
Saturd<>y. The system is reserved for maintenance on Sundays from 12 a.m. - 5 p.m., customer local
time. There are special considerations for software updates and emergency situations; please
reference Sections 4.3 and 4.4 (Maintenance and Upgrades) for details.
3. System Backups
3.1. Daily System Backups
Daily data backups will begin at 12 a.m. (Customer local time) Monday through Friday. These
backups consist of all SunGard Public Sector Inc. customer data. Ihe system will be available
during the daily backup.
3.2. Weakly System Sackups
Weekly sy:;;tem b<lckups will begin at 12 a.m. (Customer local time) on a day appropriate to the
week being backed up. At this time a full system backl,Jp will be performed. These backups
consist of all SunGard Public Sector Inc. customer d<lta. program files. source files, and other
neces:;;ary Customer data. In addition all AS4QO system, Operating System, Security, and Data
will also be backed up via a Restricted State backup. During this lime access to the AS400 and
its applications will not be available.
System baCkups will be rotated to an off-site storage facility on a daily basis.
3.3. Night Processing
Specified processor-intensive jobs, as determined by SunGard P<,Iblic Sector Inc.. may be
required to be run during the night processing lime frame of 8 p.m. to 11 :59 p.m. to ensure that
accept<lble system performance standards are met. Examples of these jobs include such things
as Utility Bill generation and Tax Notice generation. This is also to make sl,Jre the processes <>re
finished before nightly backups occur.
- 449 -
ASP iSeries Standards Sheet
Version 1.7
3.4. Restores
Individual Customer restores will be performed on an as needed basis taking into consideration
both Customer and Host Computer Systems functionality, availability, and necessity.
4. System Administration
SunGard Public Sector Inc. will provide for system administration of the Host Computer Systems
(including the host iSeries system and associated host site hardware and communications
infrastructure), including but not limited 10:
4.1. System Monitoring
The Host Computer Systems will be monitored on a 24-hour basis through the use of automated
monitoring software and/or hardware as selected by SunGard Public Sector Inc.. System
operations to be monitored include:
Subsystems - to ensure they are active, operational, and without pending errors messages.
Job queues - to ensure they are active, operational, and attached to the correct subsystems.
Critical system messages - Monitoring for hardware errors, system functiorLality errors,
operating system errOrs, system integrity errors, eta
System and Network Information - Samples of system and network information to be
monitored include:
DASD (Disk storage)
o Total utilization
o RAID protection
o Drive failures
<) Disk drive error rates
CPU Utili<:ation
Total number of jobs in the system
Interactive response time
Communication line availability
Internet Connectivity from the Host Computer Systems to the Internet
Memory pool faults
Security violation attempts
System service starts and ends
Backup completion
UPS monitoring
Other pertinent system information as detenmined by SunGard Public Sector Inc.
4.2. System Maintenance
SunGard Public Seclor Inc. will provide all necessary Host Computer Systems and netwwk
maintenance as deemed appropriate and necessary by the System Administrator and/or
associated staff. Appropriate and necessary maintenance shall be determined through the use
of standard iSeries and network monitoring and performance analysis tools.
4,3. Software Maintenance and Upgrades
Software maintenance and upgrades will be performed outside of slar'ldard business hours
whenever possible.
Emergency situations will be handled on a case-by-case basis in such a manner as to provide
the least possible disruption to overall system operatiorls and availability without negatively
affecting system stability and integrity.
IW 2005 by SunGan:l Public Secw Inc.
- ProprictllJY & COlllidCll[jll] ..
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ASP iSeries Standards Sheet
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All parties will have advanced notice of such upgrades and any emergency updates will
have customer approval be/ore being done.
4.3.1. IBM
IBM licensed program fixes and upgrades, including cumI,Jlative PTF's, shall be applied to
the host iSeries system as required to maintain operating functionality and currency.
These PTF's will be temporarily applied until their effectiveness is determined. Non-
emergency IBM PTF applications will be performed outside of normal business hours.
4.3.2. Wlntel
Wintel server service packs, patches and update" sh..1I be applied as necessary to ensure
integrity of the system(s). system data and associated operating environment. Patches
deemed critical in nature by SunGard Public Sector Inc. of system/software vendors shall
be applied as soon as possible to prevent system corruption, penetration, degradation etc.
4.3.3. SunGard Public Sector Inc. Applications
Upgrades and updates to BunGard Public Sector Inc. Applications on both the IBM iSeries
artd Wirttel platforms will be performed on scheduled dates during the yea,.
4.4. Hardware Maintenance and Upgrades
Hardware maintenance and upgrades will be performed outside of standard business hours
whenever possible.
Emergency situations will be handled on a case. by-case basis in such a manner as to cause the
least possible disruption to overall system operations and availability without negatively affecting
system stability and integrity.
The primary Customer conlact will be notified, when possible, via the on file e-mail address. p,ior
to hardware upgrades being performed.
4.5. System Security (Logical)
System security values will be set to pro\lide for system integrity and data security as deemed
appropriate by SunGard Public Sector Inc.. This will include such items as password length and
makeup, change intervals, syslem security level. etc.
User prOfiles, with all oi:ljecl authority. will be limited 10 the standard system security profile and
the System Administrator profile. Sign-on information for these two profiles will be secured with
the Oirector of SunGard Public Sector Inc. or his designee and the System Administrator.
Customer user profiles will only have access to appropriate Customer data.
Security 8I,Jditing will be enacted to provide for the ability to audit security violations, changes,
elC" with periodic system security reviews conducted by SunGard Public Sector Inc..
Hosl site security will include implementation of "11 industry standard firewall, secure sockets
layer, virtual private networks, IP address translation, and/or a combination thereof.
(/:) 2005 by SunGard Public Sector Inc.
-- Proprietmy & Contldclltial ..
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4.6. Non-Preferred Third Party Software
SunGard Public Sector inc. has partnered with a number of third party vendors for purposes such
as time & attend.."ce, form printing, mapping, etc. For any non-preferred third party vendors.
SunGard Public Sector Inc. will be responsible for the following:
o Initial loading of software
o Periodic upgrades/service packs
o Technical support for related iSeries issues
Exclusions: SunGard Public Sector Inc. does not support the user interface for non-preferred
third party software. Troubleshooting will be performed by the customer and third party.
5. Hardware Requirements
The following are minimum hardware requirements to enable Cuslomer to access the host site iSeries
system. These requirements do not take into account any local area network configuration or
requirements, which are the responsibility of Customer.
5.1. Personal Computers
Each personal computer that will access the ASP environment should achieve the following minimum
hardware requirements for access:
o Pentium 4 or greater processor
Q 2 G8 storage
o 1 GB RAM (Increasing RAM will help increase system performance)
o Properly configured network interface card
() Microsoft Wi"dOws 7.000 Pro (SP4 or higher) Qr XP Professional Edition with all SP's installed
{) Microsoft Internet Explorer 6.0 or higher
o Sun Java 1.6
o Screen resolution 1024 x 7eS or better
{) Monitor. mouse and keyboard
o IBM iSeries Access for Windows v5r4 (This version can be provided to you by SunGard PS) with
the lalest avaiiable Service Pack.
SunGard Public Sector Inc. will not support any hardware that does not meet the
minimum requirements
5.2. Print$~
Type Supported
Must be IBM certified.
Microsoft Certified Printers:
Local h II ps: //wi rJ.q"!i'!J.DjY.l2.~oft co m/H C LIP rod uclLi st. asox?m -xq.B=.9Bo_ci d "900&f-86d
(PC IBM Cerlified Printers:
attached) hllp:/lwww-
9 12 ibm cornls d irlslkbase. NSF/0888cc5d 18fceca5862568QbOQ.5dc6901b44a2cf4ba 778d838
~OO..5J]~9J1.Ql?enDocument
Most printers with an available Ethernel conneclion and that are part of Ihe approved IBM
Network Certified Printer list can be used in the ASP environment '"NOTE''' All-in-One
Printer/Fax/Copier machines are not reoommended.
Any existing client Twinax printer that needs to be used in Ihe ASP environment will require
that a BOSANOVA e-Twinax controller be purChased by the clie"t for "e!work printing to be
Twinax successful.
http://www.bosanova.neUtwinaxcontroller/index.html
(t:;l2005 by SunGard Public Sector Inc.
.- Prop,-iclllfY & COlllidcmia] ..
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Version 1.7
All others
Other printers will be evaluated on a case-by-case basis Tor compalibility with the ASP
environment.
There are Z options to deal with printing in the ASP environmerlt:
Option 1: Utilize local print sessions that are configured and run via IBM iSeries Access for
Windows. They can print to any networked, shared or locally attached printer that the Windows
machine they are run on carl see.
These sessions are easy to setup, however these sessions ml.lst be Signed in and running for
printing to work.
Some clients run all print sessions on a dedicated machine for ease of management. However,
any non-shared locally attached printer. including Cash Receipts printers, must be run directly on
the machine to which the primers are attached.
Option 2: Prinl directly vil;! TCP/IP. In this setup the client will provide a unique static PubliC IP
Address for each printer they want to print in this manner.
These are generally high traffic printers that customers do not want to be run on a print session.
Also, any IPDS printing MUST be setup as an IP printer.
Option 2.1: Print directly via TCP/IP, but utilizing just one unique static Public IP Address. Each
configured printer will I.Ise the same IP address, but a different port to print to. The clierlls firewall
will then utilize port forwarding to direct the traffic to the correct printer.
Most clients utilize a combination of these methods. It is a customer's interrlal decision based on
available Public iP addresses, current infrastructure and other needs.
We can work with any of the$e methods.
5.3. Recommended Customer Connectivity
Internet bandwidth is determined by the customer. It is based on Saturation level: a combination
of connection speed, number of users On the system, size of files being accessed over the
inlemel. etc. SunGard PUbliC Sector Inc. strongly requires the following miniml.lm setup:
(> Minimum 1.5 M8 internet connection (1"1 or other telecom provided service is
preferred over cable or DSL) Responsiveness is directly affected by
connectivity selected.
o For clients who require site to site VPN, we require that the client have a Cisco
branded VPN enabled device on their site.
o Recommended redundant internet connection in case the primary connection
goes down.
o Dial I.Ip and wireless connections are not $vpported.
5.4. Recommended Customer Hardware
An industry standard firewall used to protect the Cu!;tomer's internal network is required for
cOrlrlectivity into the ASP network.
6. Pertormance AnaIY$i$ of Customer's Current SunGard Pl.lblic Sector Inc. Environment
A Customer's current environment will be reviewed prior to the ASP transition. Ideally Customers will
transition to ASP on the latest version of SunGard Public Sector Inc. code. If a Customer is not on the
latest version of SunGard Public Sector inc. code, the currenl environment will be reviewed to
determine if it can handle 8rl upgrade before transitioning to ASP.
~ 2005 by SunGard Public Seclor Inc.
-- I'roP";Clary & C{Jlllirlerlli.,1 --
page 5 016
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ASP iSeries Standards Sheet
Version 1.7
Items reviewed include: Current iSeries OS version, available di$k space, current processing power,
and current SunGard Public Sector Inc. version.
7. Host Site Pelformance
Performance monitoring and tuning will be performed as necessary to maintain an average in network
interactive response time of 2.0 seconds or less when measured over a 1-hour period during normal
business hours. "In network" is defined a$ any point between which the data packet enters the
SunGard Public Sector Inc. environment and subsequently departs the SunGard Public Sector Inc.
environment Any point of communications outside of the SunGard Public Sector Inc. protected rtelwork
environment, irtcluding DMZ, shall be deemed as "out of network.'
iSeries, Wintel server and associated network infrastructure performance monitoring will be conLlucted
on a regular basis. MonitoriCl9 shall be done during (no less than) four randomly selected om~-hour
periods within each calendar month. A summary of the performance slatistics shall be made available
for Customer review upon Customer request, including available predictive performance data where
available.
BunGard Public Sector Inc is not responsible for Internet connectivity and/or performance outside the
internal SunGard Public Sector Inc. host site infrastructure.
a. Standard Application Support
SunGard Public Sector Inc. provides standard Application SUppOl1 24 hours a day, 365 days per year.
The toll-free support line is 1.800-695-6915 and the ernail address is asptechsugt!Jcalhteinccom .
9. System Hardware Support
Host site technical hardware and host op<,ratiClg system support shall be provided 24hours a day, 365
days per year. rhis includes support for technical issues related 10 Host Computer Systems access,
hardware operations, and Host Computer Systems functionality.
SunGard Public Sector Inc. is nol responsible for Customer hardware, non-SunGard Public Sector Inc.
related software, Internet OlCceSS, and/or connectivity issues. SunGard Public Sector Inc. will provide
guidance to Customer in obtaining technical support for on-site hardware and connectivity issues.
@ 2005 by SunGard Public Sector Inc.
-- Ptoprielury & Confident;,,1 --
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- 454 -
SUNGARDO PUBLIC SECTOR
SUIlG(lr(/ Public Sedor Inc. Application Service Provider Agreement
CUST(JI\U;11 NAME AND ADlHU:SS:
"ITeellve Dale (eul'Y f,.O)," signature po"e):
Cily HI" Roynton Bueh
100 Ea.r Huynll," lIeHeh
Boynton lI<:aeh, FL 3343~
(CI~llIIIler na me~ above is herein. her referred II) as "Cnsromer''')
This Applicatioll S<rvic~ P,,-wiclcr AgrecmenL (the uA~re<:,"enr'). is made and MIered inlo by and betwccn SunGnrd Public SeclOr Inc. ("SunGard
Public ~eclor"l ~nd Customel'on Ihe d.y Im,1 year wrincn tollowin~ Ihe e~ecution hcreofby SunG.,,] Public Sector.
SllnGllrd Public Sector and CLL'lI1nlcr 11grcc that all services 10 be provided by SunGard Public SeclC,1r Ie Customer herewlde, ,h. II he rumisllcd only
under the lenn, Iln,1 c(lncli1ions ol'lhis Agreementlmd any "Schcdule A - (J,der F<.>J1l1". Thc lerms or [his Agr<:<:mem ~nd any "Schedule A - Order FOI1l1" sh~lI
control llOlwilhsll1nding any contrary priJVi,i(>n "r ,'ny purchese crder u~ed by Cn~tlIme' to encet the funli,hing ,)f llny software 01' services by SLmOarU Public
Sl':ctOI' (0 CusWm~r,
I. DefinHh'H1 ufTelTms, As uSl;;d llcl'cin~
1.1. ""'I>I,lic'llnn(<j" IllCaM tllC softwere ,y.,lem(,) III which Customer hu., requested lIecess ane! peid therMllr,li'lell I>n Scllcdule A _ Older I'orm,
induding, bu. I10llimiled 10, all comp\lter plOgram~ IInd relalc(1 ,locumcntelioll, aill! .n~' mlldi~ealions thereto.
1.2. "Ctlllver,;nn" mCllns Ille process by which C",li)mer ,lllla is Ircnslormed II) .",able SunGard Public SeclM i'pe'lllional tonllat ConvcJ~i()iI i~.I1
option.al, not malldmol)', <ervicc otlhcd by SlIilGard Public $ector.
1 J. ..Effec1L't'c natc" mC;-lrL'S tile date on which Sun(1~mJ 13ubltc Sector CXt.:('.1l1~s ~hi:-; Agreemellt.
1.4. '~I1n!it C(lmrLlt~~I' 8Y~km~H tllGU1S SunGW'J P~lhlll; Sector's. hardware and ~onw~n:. to~~ucd on StmGard Public St:L:lnr's prel11ises, wl~tch is
!11..:dn1~il1cd a.nd sLlppurl\::tl ny SUl1Gurd Public Seem.' and ulili:t.t:L1 tll prOVIde the ACCes.s. sc['vil.::~:" hc::n:unJ<::r.
1,j. nlmpleme-rullHun" m~uns ~h~ pro~csscs by which Cuiit(lHlc::r prc;:rmrcs Customer's operaLillg rroc~dur~~ ",no persollt1el 10[' lrM:\ittt'm Lo Lnt;:
Al1plicariol1s, Clls,toma::J is prilH;)tjly rl::!-;pon:;.ihl-: tor the pr;:pamtion or it~ per.!mnnt;:l al1(' procedures. assisttd by SunClmd Pubhc 0eCWI' as. provided for
h.et~ill. fmpl-:mc:ntatloll is a parr of Start. Up As.:\i:':Ll.tnG~,
1.6. .~Sc:h.C"dLJlc ^ . Ol'der Forl~~~" m~ilns an aLtachment to this Agr~cment, which i!io~' supplr:mcnt to this Agr~l::IIIt:rll fur ull pUJ].l(1SCS. Unless otherwise
staled in any Seh~Llllll:: A- nrd~r Fl1ml. ~lt ocrms and cowJi,iom; '!\tal/'.:d III tht~ ^8rC:!Jm~IH sh::dl rt:muin In ctl'cct.
i.7. ":StalHl~nl~ Shee!"lIleall' an .1l11chmel\t Ie Sehedllle A. Or~er F'lm1. which provides the mo~t curn:nl infomlation SllpplclllClltalto tlli,
Agret,:mt,:n:\ such as h('lllt'S of op-ernlion and ~\lPPQrt :i=Jncl C~lstOll1el' ttaruwure I"t'QILlrcmcnts,
i.$. "Start-lIl> AssistllJlee" me.n, Ihe cl1mbinaHon oflmplemMlalil1n and Training selVices.
i.'). "rrailljlll:"lIle3n~ Ihe cl"",es ~ehl by :SunGard Public Sectnr 10 insLrm.1 CII~tomcr in tlle u$e Mlhe Applications. Training i~ 1I purl ofSwll.Up
Assistance.
2. Aece" Servicc.~ and Start.lIp Assi~lalll'e. 5unG"rd I'"blic Scctor agree~ Lo I'r(lvide ~'ce~s to the Applieati()n~ (he'eafter retcrred 10 as "Acce"")
requested by C,,~li'"er on Scheltule A - Ordcl'l'orm (or '"'y 'upplemental or replecelll<Ol,1 Sche<hJle A) lor the Illlmber oflem,in.l, 'n(Heated so long as CLL_llimer
i, C,'<Tcnt in its peymelll obliWuion, hereUnder. Customer agie., lil p.)' the fees tor Acecss ("Acce" Fe<<") ~s provided on Schedule A - O,der rom1. Customcr
!l~"..es 1I1at Customei"s ACce" 10 Ihe Applications shall be lilr Cu"m",:r's iole usc and notli1r arly Ihir~ plllly.
2.i. Hours of Operal;"n. SunGard Public SeeIO,' shall puhli,h it, hOllrs ofopcration 011 Ih" Sland.rels ~Ileet and shall keop CU'll1mcr llppmcd or eny
ch;~mHes thereto.
2,:2. Impl'ovem~llt.s. fll~d CbJ:IIlllotc::s. :=;unG~.rd l]l~blic Seelor will irlslull upgnId~~. new SOftvy'iUC rcl.east:~ una enhanCClllCllts, error (:Ot(l;~Cli(}lls> upgrlJd-:~
III third p..-Iy operaling systcm software, and up~ra~e, 10 hardwal'C. as necessary, r", the Host COl11putCl' Syslems.
2.3. Slarl-( Ip i\s<ismll~. :SunGCld Public SecI'" will provie!e Start-Up Assdanee III CII~lCmer and Customer agree< tll p"y SlIllGard I'ublie ~ector tile
Stm-Up I'ee.' as pmviLlecl 011 Schedule A - OI'OOr Fonn. Clls[(>mer agrces to rcimblllse SUIIGa"l Publi" Sector tor eetual, 'ea,ollahle Ir"vd ~nd iiving
expenses incurred b:v Dr on h~h~Jf ot"S.unCi3(d PIlbl,C St:::l,;tvr und iL::; pl::'~onl1cl ill tiullishing 1hl.:: Sli1rt~Up 1\5Sl:stUllCC: in t.he- m~thl)<t pI'c)vil"k:d tbr pnn.1.gruph.
2.5 below.
2.4_ Option,"1 C(Jn\'ersion Servicr.!S. At Cu~tClmer';e; option. SlInGar'd Public Ser;.:lor will provide COIl\'crsion ~ervic~s, IrCUS1.oI11~r elects c.:ollV-crsiOll
sCJvice,. Customer ,h,,1t provide date to SlI~Gerd PLlhlic ~ect'lf in" cnmpatible tormat acceptable Lt. SunG.rll p\lblic $cetor. a~d olll1l~dia speciuod hy
SU'lGCl'd Publ ic Socto'-
2.5. Travd a...I Li\'in~ ~:'pcn.c.!, $ervices provided lLllder ,upplemenl' tel lhi~ Agrcement atc pcrJormed remotely. Should Custome, desil'c SunGerd
Public $cctor provide on-site >ervico" Cu,lomer mllst make such requcst in wl'iting. CU'lOmer .ckn!)wl"dgcs that t,avel and iiyjn~ expense, r<:1.le~ III
r~gllC'!;'tc;(I Oll'"S~tc services. arc in addiliorl l(.\. uny qunled prices for ~ueh st;tvhxs. and will bt: iIlvui(;~J u.... inGurr~d and that ~;j.licl1r~wel ~~pells(s will be
reimhursed in ""conlan"c with Florida Stetllle L 12.061.
;;. T"'m or Agreement. Thi, Agreemenl i, elleclive nn ,he Etlective Dete. The initieltenll Mlhi, Agreement ("Initilll Tem1"') shall begi!) Oil the
Effective Dille 111I(1 shall eOl1linuc lor the pcriod stated I)jlthe SClleduk A - O,der r'oTTI1. cxecutcd on evcn date hercwith, begi,ming .Oer Ihe date the inhial
~onlhly Access F~e is due. At th~ end Qt'thc Il1iti~1 Tcrlll. S';I'Viccs. will b~ provideu On a year-to-yc:nr h3!ii:li provided Customef,,:-x'\]fciscs: the optiulllUld puys Ihe
then current MOlllh iy Access Fee.
4. Ch.aT5:oCS fm' S~l'"ViI;':CST
4.1. Customer agiee~ IiI pal' SllllG..-d Public Sec!llr Acccs, ane! Stllrt-lIp rees in accordance wilh Schedule ^ - Order Fnn11. I'llll.,wio& Ihe initiol tcm,
"flhis Agrecment hilt No more lreqllellTly than once pei yeM, S",~nrd Public Seclor ,h.11 h"vo Ihe ri~ht 1" a(lj\lst ti,e MQnthly A~eess Fccs. I'or lhe TCI'Ill
uflhis Agre(:mt'n~ only.!1C1Y mcrea"ie In monthly Acc~!i!i H::.:-:i. ~h3.1l be limited t() no mOI'C than 5% '(Irnr~r(:d t(llh~ preor,;~dil1g. y~ar+s f~e:s, UT1I~s oLh~rn'is~
,lated illlhe ~chedule A - CJr~er Fotm(,). SunG.". Public $ecl'" mllY adjust 01lm fees at ~ny time.
Travel and living eXJ'l<el~e~ Ucluillly inCuITed in prior monrhi for which SunGard Public Sector is seeking reiml1ut":emenl ~hllll be i,lvoieed mOnlhly.
SunGuru Puhlic Scclor A~[J AgrCCI11t;nt
Rev. ~.11I.09
I'egc 1 of4
City of Boynton [lcach. fL. ASP Ma,ter A~reemenUIK2i 09.Qoe
9117120Q9
- 455 -
'-1.2 A1l10~ln15 pnyabk to SUJlCi~lrU J.>uhlit,; Seclm hL.::rCtHH!a a['(: p~'Y~lbl~ in full wiLholl1 d~dll(.:1i(!n. or s(:t off, ilJlU HI't: 11l.:"L of all :-illIL"S\ IL~~ or()ll,.;;:r t~lXCS 1)1
Juties. CU~t0t11l;:f shall duly 1LT1(1lim~ly PIlY HII q:l~(:s. .and tlulit:;:.. howev-e-r Jcsigni=Jtcd. ICv'~~d Or b.i1s~J upon U1I'lounls payahl.;:.o SI.IIIGmd Public So:cl.or
hcrcunde:r (ex...;lus.ive ol'Unit.l;d S,1atcs f(:d.etill. ::;lule or 1()c~JJ t~l-"{e;s bas..::cl upoIllht: n-e-l int,;olTu;: ofSlm(J.I'IJd rllblic St:ctur). Cu-stmn:;r agrees. to ind~rnrlity ~lIltl
hoE" SunUard PLlblic S~I..':(or humll~ss from ;,:sny such taxt:s Or uUlies. which flllY ti.;dcl'.;:J.I. $l~~lt: Dr ]ucul laxing authority fCtluil'C:s. SUI1Can.l PubliG ~ecul-f'1o pay
Oil Cll;l"me~' hehlllt~ It slmll be Cu,tollld, "hliglllion aftcr Jl~ymenl by Cll,lomer 10 uhollcngc the 'Jlplie.bilily "funy Ill" if it so dcsires.
4.3. Custumer ,hull PIlY lor any d.tIl eO[l\IlluTl;uuli"", 1~I~pl1011~ selvices. IfCu,t('m~r n:quircs spe~ial lelep],llne lin~ u"ntlgumtions due 1" uni~ue
eqllipl11~1ll or d.m fCquireHl"nt~, Slln()~rd Public Sector re,~r\'~~ the right to eh~e r,,, ~uly,1s .nd design of such 'peuill1 conligurations.
4.4. Slln()~rd I'ublie Seclor lI1a~', llll~r h~ving provided Cu,tol11ur with ten (10) duy' udvlme<: written nOlice, deny Acccss 10 CuswlHer unlil "II re~lIired
IH1Yrlll::nLS dlle 1'.1 SlIl1Gard Public S~.;.Jt(,)r ~.n: fc~civcd. Till;;: pmyi~ions of this SubS~C;litlTl 4.4 ~hullnot opcr{ltc -il.'\ U ~""!.Iiller of any otllcr f(:[ll(ldit:s SUTlnard
Public Sector Il1l:.1)' hllVC:.
5. SunC.rd Public .sectol"s ObIiAill;Ou" Tu ",,1st Customer in ucc""in!; 11I1d using the Appliculi"ns h~reundcl'. SunGord Publiu Sector will:
5-.l. providt: ull ~qllipml;nt. softwaH.\ including changes. llpdat~~. om.! mnclitkations thereto, arId servi~c:~ nCCC5S.ary tor op~"Qli()n and rnuin~cnancc
l)f~tmU~rd Public SecUlr'> H(lSI COIHJlIIlOI' System,;
5.2. provide eftieient Mmmlll1ication .eocssil,il;ly I" the Host COmJllltel' Systems;
5.3. providc intormalion regurding data b~ek,uJl ptocedure" seourity, ~nd other fLlllclion' 'IS r~asonably reqllested hy CUstomer;
S.4. "perUI~ ~n(1 m.illl.in tlle A~pliculiuns ~l1d ~lIow Custonler uco~", and use thcroo!'. If lhird purty ~(lthYlll'c is included ill or with Il1e
Applications, Sun(hml Pllblic -ScctOI' will idtrlltf)' .'it;:p.:-lrfltc flCCCSS. Ot 1I~ rt:~lrLGlion~ or i'lddittonrll paymt:ul .uhligulirm:-; ~ssocjatcd rhrJ(e\"ilh ill
Suhed\lle A:
5..1. provide St~tt.[;p ^s<i,lunu~ described in Sdledule A p"rsuant (0 Seelion 2 heteuf;
5.6. pf!cr ConvcrsioJ} ~eI'vi~~s~
5.7. providc Applie~lio[\ sUl'1'ort unl! i<~Slell1 SllppOlt: ilild
5.R. publish system av.ilabil;ty unl! ~llppOtt hours !IS well a.~ hO'llurgel~d rcsponse time.
6. CU'Ulmer's Ot-lIgations, h\ (Irder \11 ~nable StlllUord Pulllic Seclor \11 penonn its obligatiolls he"'llnd~r, amtl1S a condition preeedenl'" SunGard
Public SeCHir\ "bli~mions to pcrtorm hCleullder, C"slomer sl1.lI:
6.1. w;lhin len (10) d~ys tollowing rhe "-,,eU"li('n Oflhis AgreemeJll, de,ignme a primary ~nd ~ sec()[\dury e()nlllut, includillg telephone numbers nnd~-
mail addrl.t~~li..~
6.2. e<erci,e 1\11 due diligence in the pedi)nnunc~ (,filS obligations hereWldet in UlJnn~ution with tho Stort-lJp "Oli"ilius and subsequcnt access I" und
\1st Onlle Appiic.uli'ln,;
6.3. (levelop ~nd implement pr,'per audit ~ontmls. bal"ncing proe~dllfes. opemtion metll,..b und >I1f11eiellt proccdlil'es to li.Uli,ry iI' n:'l\lircll1CnIS tor data
""cllrilY, a~c\lra~)' of inp\lt. ilild verific!I\;nn of output, ineludillg ,ecurity "uue>s contraltol' Cu,tOlTler', u,~'" of the AJlplieations: ;lJld
6.4. udh~ru 10 hl1rdware .nd eOllllllunicul;,,,,, req\lircll1enlS as published in the Sland~rds Sheet:
6S i[llhe CIIU"~ (,fC\lslol1le(s d.ily opel".ti",,,, input data. perronn b.IOIleillg UUlivities. g~l1~rate reports, maillluin dma integrity; alld be respollsible
fhr en~uril1g tl~c: inpul dMa i:; 1.1l,;.l:Url.lh: ~md meets IlIC standard sp~elll[:ulkm~ provid~d by SlInGarJ Puhlic Sector tor such dati):
6.6, [t't<:liJllu.in Jm::umen1s oforigim:d cntly, SOurCt: J.uw and other backup mcdj" .'iuffit.:ic:nt fi:"'IT tile and input data re"'Gr~aLL(lrt in ord~r to mitigate r1gainsl
tile possibility or!ns, "finp\j~ d~tll and CUSIOme!' data muinluin~d by Suna~rd Public Secl<lr~
6.7. lISe standard kIn", ..' Jl:'luirccl by SunUard Public Se~lor; l1nd
6.K provide tOI' "lIen,"l c"nn~Cliviry.
7, H{!presentntiolLs, Warnmtic!Ji and l,imiWtion of UnbUily.
7.1. SUII"ur" Public ~ector reJlresCJlIs thUl it is Ih~ own~r of.1l Ap"licotinn, \Is~d in Ihe pertol'lnanee or ,""iue, h~re"nder, or is ~n aulhoriz~rl
Iie~n,"e with Ih~ right to engage in the ddivery (,f such ocrviees, alld 'u~h 'oftware or lieellS'" there", huv~ beenl.wt\.llly acquired by SLlnO"rd I'ublic
Sector.
7.2. SunGa,d Puhliu S~clor is 1I1~ sole source prnvider in Ihe United States tOr Ihe uppliuotion scrvie<:s lor llie '\ppli~~tions and services listed ill
the supplemental S~"edul~ A-Order Form(s) LIlldet Ihi, Agr~em~llt.
7.1 ~unU~fd PLlblie SeCk" wUlTllnli< tJl~t thc AppiieatioJl(') will perform in subSI.'\JlIial ciJlllpliunue wilh its tllen eUl'lenl oocumenlllliLHl. SunU~l'd
Publio Seulor ""rranls t1l1\t in the pmvision "fservices hercunder, SLIlIGurd Publiu Sector will use empluyet:-', ug~nts or COlltmelOtS wllo are udeGuul~ly
tl'aLI~eJ t1rlJ wbo pn!i-SC"ti-s the P;qllis.ifc skills .uJlU pmf-e-!;i-siOllt11 ktlowlcdgc ta providt: u!';!iisUlIlcC in utilizing Il\t ^ppliGl.llion~,
7.4. SunGard Pnhlic Scctor ftSsumes no Iiabilily for Ull)' hardware or othm' tllird purl~' pmdllUIS beyond mOllllJilcture,,' wUTTllnly speeilicd in Ille
SuppICJllelll~15ehedLlit: A-Order 'OIllI(S). Cuslomer fiekn<lwl""ge, !hm thcse products were ,dect"" by Cu.tomer (0 support realm.. d~,ired by Cus~olllel',
ulld Ihol Ihcy ~re ineludell in the Agreement ,olcly for that Jlul'pose.
7.5. In the event Ull Appliumion is lhmd to nol sub,IUlltiully wnl(lrnlto its then-ellrrenl u"cumentlllion, Customel' shall so advi,. SunGnrd 1~lblic
S~utur ll11d SunUard Public SeClnr shall dili~~ntly pursuc resoiutiun "fllle discrepancy bctween tile AJlplieali{m und it, dOClllllclltatk'n.
76. IN NO f;VliNT ~I,ALL SU:-<GARD PUI~I.IC SECTOR BE LIABLE TO ClJS-rOMf'1{ !'OK INCIDENTAL OR CONSEQUf;NTl.o,L DA~AGES
ARISIN" I JNl)fl{ THIS AUREEMEI'T. III ml event ,hllll SllIlGard J'llblie Scetor be liable III CUS!(lmer tor othcr d.m~ges 'lfi, ill!; under lhi, A~re~1l1cnt
lllllcss. such dWlluges resul~ from intelltionallllisconduCl Qr gru:ili negligence ('In Ille palt OfSl.tllGard PubliG S~cU)r'!j. otliccrs or cnlployccs. LI1 wllich t:vt:r1L
S'lllOard Public S.,}Clotl:;: aggr..:!tu[1:: lif.lbillty undt.;:r the Agreement will be Iimil~J In lhe: 1e~ser ofcithcl' (a) actual d[unagli:::i n:::;uhing din:!;lIy frolll s~lch
u"mjllct, or (b) the atl"'"nt "I' Acc"" 1'"", "~tllally paid 10 StlllG.rd Public Seet,)r by Cu'I"m~r hereunder dming the three (3) "'''"lh, immedial~ly
~rece<ling Ihc month in which the Ii.bility aCCrued.
7.7. Tl IE PROVISIONS HbKbOt' ARE IN LIE\! or ALL WARRANTIES, bXJ'RESS OR IMPLIED AND WHrTHER Of MbRCHANTABILITY,
FITNESS OR OTI.IERWISE. TH,. lUiMEDIES HEREIN CONTAINED ARI' [OXC1.USIVIi AND CUSTOMER WAIVES ALL OTHfK KJ-:MEI)IE~.
~. Confidelllifilily ofCu.lumer', Information.
S.I. SunOard Public Sector acknowledge, thol Cu'tomer r~")I'ds as cOlllidelltlaI and as a proprieluty u"el ~ny inlom'nlion or materials th.t come
Lo Ln-e- ~Ulenli()n C)fSunGard Public Scctor by r'taso[\ of (a} lht: pn:sence;: ()fSunG~m1 Public S<;ctOI~S agcng, employ~t:s, Or Tt:presentmivc;:s al C\I~l(ln1l:r''S
site, (,r (h) SUII"md Publiu Seulor furnishing sePo'iee, to Cuslomet ill COIlrlec!i,," with Ihi, A~r~~m~nt (,ucl1 intormatioll, mOlol'ial,. and recotds
collectively being refcl'I'ed to as ..Cusl"mer', Confidenlial or I'roprict~ry Inlorm~tion").
SllllGard Public S(:(:~Or ASP ^grt:~rnt::nl
Rev. 4.0109
Page 2 llf4
Cily "f Boyntol1 Rc~ch, FL . ASP M,,,ler Agreem.nUJ82I 09.dn<;
911712009
- 456 -
lt2 SlIl1Uard [~lINi(: SCL:lor i.lgre~~ 10 ~afcg\lllr(i Customer's COlllid..:ntiulllf fJroprl<.:t1u)I Inkll'mation by hulJillg il ill s.lriel em-=lIc1~T'U~i;. (li~cl(t~illG it
only h.""I tIlO::i~ t:l11pluyt~;;., l.lg~nl;;, or =()ntr~(:10t'S wlll1 hav-t: .:I I1~~d lo know ill nul.;;r to pr(lvid~ ^t;C-:':::':::i ~~:\ u~Tet:"d UP'H"L. In lhc C:....~rU th~\l ~l ~lIbpUCml er
oLhl::r Iot::gllll rrooCc55 tlult in any way GOm:;t:ms CUs.Lomc:r'~ CO!ltldetltLL1l and Pruprit:!l.lry Inn'rnUl1ion i~ ~clved upon SuIlG~tnJ Public Sector, U1~n
SUllGf1l'd Public S~cLur l!Igre~:'.i tn IlQ1ity Custol\l~r il\ tll~ ]Jlu~l explI::uiti')L1s Hlshioll pos.sibk following r~C:t:ipl of :!:iuGh suhpoena or othcr legal pl'oces-:;.
lmd Slln(i;arn Public Scct(1[' wi!1 rCilsonl.lbly eonper.utc with Customer, f1S r~qLlesh:~J by Cuslllm!;"r. (0 COIUCS.t the ICgJl.1 validity of ~uch s.~lhpoeml or nlh'Cf
lcg.'\1 ptu~css (pr()Vid~iJ thlll Cll~~omc:r :;'\f,rcc:s to pay lIny t:xpense:: ~un(iard Public .sector iJ~CLLrS ill s() J()ing},
3.3. S"n(i(lrd l'ublic Scc1ol' agre", to Lak~"1I r<:ilson~b]e stcps 10 pl'eV"nt the <Ji,~lo,"re. pub]je~tioll or di~~eTTliTTll\ilJn ofCu,tome~s Contideilliall1l
l'l'OprietUlY IrltbrTl1"Liun 10 lmy othcr pct~on u[' e,'til~, excepl wher~ and to tile "",lent 'pe~ir,~~lIy required hI' I~w.
3.-1, The pl'Ovisio~s uflhi, Section ,h~1I SILrviw termi""ti,,n "fthis Agrecmcnt.
9. SeOUril)' uf CU'lomr,"s Data; AHe" (II $'II1G~I'd l'ubllc Stetl,l"x F.dtily, SunOard Puhlic Stctor will providc data sccurity procedure, which
will iuclude backup uf illt rrmglletically slOl~d d~ta kepI'" processed lor Cu'l~"'e' ",ing It.: Applications. in ~ ,,,..,III["ole mOnller d~terL1lined by S"uGaru Public
SeclOr iLl kCl;ping with ~enerl[lIy lleeepted industry pracliee,. Upon reaoon~bl~ [liltice und dllring r<:gul~r busine" ho"". CU"[.lmer m~y request admissio"to
SllI1Cillrd l'ublic S~clo(~ fociliLy. SllnG~rd l'ublic Seclor will nolllnre~SOIl~oly rcfusc such aiXe". Any nOIl-SullGard Puhlic Sect'" pe",,,,nel who ~re gmnlcd
"~c<:ss 10 SnnUard PlIblic S"ClO".' f,,"ility ~h,,1I comply with lhe phl"'iclIl ~t:Curlly proccdltLcs in~tilul<d by SllnO"rd I'llblic Seet01'.
10. C.'(dit TOW&l'd Itl-hlm,e Licen'ing. As uscd iLl this P(U'agraph I 0, "In-hous~ Liccnsing" [new\~ procllfing Ihrough SlInUard l'llO]ic Seclor', 'I"nd'ml
licon,e "w<emenl, Ihc right lor Customer to rUIl" copy Oflhc Applica1i<li\s that"", ,)wned by SllnU~rd P~olic Sector fi)rC[l'i(ll11e,'s lIOC only. 011 hardw:u'e ')\\'II<d
or Icased by Cu~Lomer nt a t~cility which is owned Or mmtflllled by CUSt(tIlKf. In (he t:Vt:llt Cu!\lomc;:r desires to run the ^pplicmions owned I)y 8unUard Public
Sl:otor in..l1011sc {and ha.~ rim ~vinll~ty procured.a IiccMe 1i)r ~u(':h in-house llSC)1 SuuGa.l'd Public Se::~l~)r will di~C:Qmlt C1lS~om~I'!s il\-In)u:;r;: lil:"=nsing Ic'Cs tor the
Applicmlon~ owned by SlLIlGiJ.rJ Pul1liu S-:ctor b~ an amOlllH equal Lo on~ pt::rc;t:nt {I %) of the licensing rt:e.,> tvr e;:ach 1110nth ClIstOlllct' u~es Acct:ss. s~TViu~~. lJp m
l) ma;'(im\1111 disC'OUllt of sixty pe.rC€lll (00%). In order 10 quality tOt s<lid cr~Jtt> Cll~to.lncr mus.t not be in breach herenr, must h:avc provid~d tcrmi(]a1iOIl m)lil.'.e
pLlt'suallt to Lhe leml~ Of1his Agrccm~nf, l1~u~a ~Iltll::r inlo S~lIl(jard [)lJblic Seclnr':;. :mmdard license ;fIgJccm~n(, culd musl h~vt:: p~,id all tees required to be fJuid LO
SUI1Gard Public Sector. MH;nj~n(\I1ce and supporl servi"e, Ihr lhe Applications thai are {'WLled by SLlnG~rd Public Sector will be a\'ailllhlc to ClIstomcr (and aro
rec[.lmmcl1ded by SILtlGu,'d Public Sector) uJ1(l~r thc tcnus llfSu,,(;ard 1'L1bhc Scetor's slandard rllaillteLllln"e agrecment.
II C"!1lingency PIOllllill!:. The parties' rcsponsibilitie~ wilh "'-'pe"t 10 c~ntingcney pIWli\iLlS will be lIS (ollow,>:
11.1. SunO='lhl Pubtj(; Sec:tor wit[ L1e::vdop, m~intaiJ1l'1ad. M Ilt:L':e:o.;sury in the evcnt I,)f a disaster, lI::'X~eule ~ (1i~astc[ recovery plall (the "SlmG:'m1
S"u(;ard Puhlic ScctOI' Plan"') JOI' SUII(1arJ Public Scctor's hardw"'e ",,,) Applications.
11.2. S,,,,(;urd I'llblic Sector will provide (/) CU~l<Jn1Cl such inloflllatioll "' may be r~~'OI1~bly rcquired f,,, CU'Ll1mcr to assurc that CustO[,ler',
disastcr rccovery p]a" i, cOl11patible willl [he SU'I(1"rd Public Se~lor Plan.
t 1.1 I:':ilch party I,'ill be re'pon,ib1e for the training of iN own p<:l'1<onncl ~s rcquimd i~ Umn<"li,.", with ~II applicable cOrLtillgen"y plnnning activitics.
12. Kcwrd I(etentioll. 11 is C"S(()l11er', solc rcsponsibility to e,,,,,,e thai i1& records and dat" meet ils r<:lcnlion rcquircrllerLl~. S"LlGard Public Scetor will
pmvide, .., a 'Land'''II, reco,d rctcmio"l,)r a period oflhree (3) years. IIT,,-'lo"'er r<:([uests, SunGard Public Seci(lr will providc longeI' ree<,,," relonlil'" 10
CU~l'l)n1(;r;flt SunGal'd Public S~etm's 1hell-currcnt fees jor ~u(':h :<>e-rvi(,)!;,
13. CII;;.tomcr'lnsm'oucto Re~pl'ln_..ihLlity, [fCustomct' desin~.., to Clht~!in insurance protcctiol1l1gl:l:in~t, ~TlY losses tncul'l"cd due:: tn ll)s~ (,finput <1.at:::l duriJlg
tL<lllsmis<illll '" delivery or from errors I~sulli"g fl\1l11 defects ill, or ma]fLllldil)n, ,If, the mCClltlllical 01 electrOllie equipment used hy Customer, ClIstl>mcr may do
so at Cu,tumcr\ cxpcnsc and SunGan! Public SCCIOI' agree, to CIIOpCrJlC wiTh CUS!OLllcr in obtainillg slIch in,urance.
]4. Inldt<"'u,tl"'I>pc"I)',
14.1. All eumpute' programs, includi~g Ihe Applications, related dOClll11enhltioll. wriflclI proGed"re~, c"pies oflrnnscfipl<, alld ,imil"r ,Icms am
pl"Oprictary lO urlc.! :'.ihutl he cOllsidered 11'i1de seu~ls fmd confidential inlt"mrlulion (~fS~lnG;;:!rd Public St:C~('T 'IT SunG~rd Public Secror\ vendors, C~~stOtllCr
ug"'~< that it will [lot di,dO,e 10 iln).third pm1y at a~y time (eilher duriLlg Of a!le, teI'min"li"n oflhis Ag<,c~rllellt) I1I1Y Lrade ,e~rels or allY otlier ,eoreto or
conr,den,i~1 intorm~tion le~lTI<d by Customer ill conllecti()I1 wilh this Agrcement. All document"lion shal] be I'et","ed 1,1 SUnOaro I'uolic SeclOr up"n
It'rminulion l1flhis. Agreelnelll. Allllriglf1l1l input data iterns. reml,in lhc pl'OpClty OfCusll)mer und will be rctumed pur:"uHn1 to Clls.tOJn~t"s il~~tTU(:.1i()Il!j.. t'o
10[llO "-, CrlSlol1\er is nol in breach Mlhi, Agrecment ([Ist(m,er ,hall r<:t~in 01' destroy allllriginlll input docllme~tali')1l "",I ,)th~r docLllnClll~tioTl ill
aC(;OrLlllfll.:c wilh 11s own proc~dllre~_
14.2. 11,e pmvisions oftllis Sec!ioll ,hull "lIlYive termin~tio~ orthi, Agreement.
15. Termination.
15.1. Dilher party mu!' lem1il>~tc t]llS AgJ~emem Ibr CaLiOe;11 tile cvent thallhe llLh<r party "'"tedally or '''p<at<dly d~f"\llts il1 thc pc!'lo'm,,"c< "funy of
ii, dutics ~l1d obligatioTl' ullder Ihi, Agrecmcnt, sullieet h) lh~ f"llowing: (i) th~ IWl1.ddnulling party shall pt'ovide ,vriuen notio~ to tile othcr pw'ly of the
IHH[-det"lIlling Il:my's intcllt to terminute Ihb Agrcemcnt. specifyinlO in det,,11 the c~use tOt. the d.r",,1t (herein~fIer ~ "MalcI'i~j Deroull NOlie""); (ii) "Il,'n
receipt M" Moleri~1 Dcf~ult Notice, the recipient sh~lI promptly COmmenCe ouring the spccilied d"f",dt (or demonw~tc 11m thc d~f~ull did nol O"eur),
Ilr(lvid~d Ih~L the period nfli",~ to curc thc deli,oll (Lhe "Cure Pe,iod") SII~1I not exceed (u) Ion (10) calc"d~r d~ys ill the evenl oru del",llt in th~ Il~Ylllent of
Jnllney, or (h) ninety (90) calendar Jl1Ys t'hr ~a\L.~s. or11C:r than paYll~lll ,,>fmom::y (lftl1c Ci'lllSC CaJHlOl r~&iom.l.bl)' ~ o~lrcd within the L1iorc::iaid Cure rJl;:r1()df
the pllIti~s may ~x1~n(i the cure pcriod by Ifl'utulllly .I.IH~ing llpon a rcasollabl~ plun and pml;.'T,a111 for cming the C~luse); (iii) ifth(:: :.::a11~C i~ not cured Wilhill
thc prese,ibed or agreed up')1l Cure Period,llle non-defaulling pany "'''y thcn ill1mcdiat~ly teoni,,"le lhi, Agreemcnt by pl'Oviding" w,iHe" notic< WII>c
oLher, 'luling th~ c~usc tor ICl1l1ination, [uld '''cb nollee sh~1I not rcquim a cute p",i,ld.
15.2. If after any f(!(IHin<:tliuJI or t:.XpimliOIl Of1l1is Agreement Customer Cl"mvent.; to;l.l d[tlcrcnt vcndor's applicafiuIls, Sunnlln:J P~JbH~ Sector will prl,)....it1c.
UpOl1l1aymel1t ofSun(hud Public Sector's l.hen-l,;uIT~nt sHmd,flHI dCCOl1vcl'sion [~rt:. tt:.I.l.~H'mubl~ il.'i-."iislunl,le nnL1 doculncntl'ltiolllot s;uch dt=convt:rsinn in order
to j),s~ist CU:-ll.(~mll::r in removing its intonn;;ltion and ph1cing said infQrrmnion in SunGaI'd Public Secwr's stundard format for input to the othlJr
vcndor's; appli(;tJ~ioll:s. In (he ~v~n~ CU:5~ol1lc:r r-cC]ucsts 1'1 llOn.staJ)dard dll::c()m'eniionf SunGard Public Sector shall be eIltitl~d l.() rellol::ive cOln~l1~~ti(lll for
c,msuIMtiol1. software and dO~ll['(]el\lati()lll1r.(1viJe-d to n.ssi:sr in the dCCO!lVCI"Sioll Oll il timt: ill'1c..l1nl.Jl.eriub hlL....h; III tlle st~nd::lird prcV1liling l'i.1tc tllen Cllatgt:d
by SllnOord I'"blic Seclor lOr stich wvices.
SlInGurd I'uhlk Sector ASP Agrc~i\Iel\t
Rev. 4.0].09
P"ge311f4
Ci~y lIfBnynton Beach. f'L. ASP M",tor AlOreemcnl_082I 09.,10e
9/17/2009
- 457 -
1'6. Ch-oit't nf 1.~,w/l)is:pLlI~ Re!Solutinn. 'l"hi~ Agn;t;t11CIH 51ulllbc gOVI:::'IIt:c.l by I,ll\\,:-; of ll~r.: ~tMC 01' I;k....fida. Prior lu ~l~her party C()Il1Illt;ll~illg ~my legal
[lclkm \lndL,,'!I'lhi~ Agr~t:mt'nt. Iht:: p~nic~ agl'Cl,'; tOliy ill guud 111itl-J, ((1 :-;cUlc an)' dispute mllil:-i.lbly bt::t',.yecn them. If .::I dispm~ hob nuL b~m] sl::ttloe-tl ufl.~r
fUTty-fivt' (45) d~IY5 (It"sooli-fai(h ll~gmialil1ns and a~ m~y bt; othclwi:je pruvidt'd herein, then eith~l' pM1y lIlolY (.ommt'nm:~ legal ~~ti(tll i'lBl1inst tlH:~
other. Each party hereto agr~e~ Ie;! ~lIbl1)ir toO the pl,!!J'sunul juri!iJidlOIl and venue of1hc st~Ht: lUid/or f~denll OO\U1~ ~Il N to!' ri'llm Dor::iloCh CULlnly, l~l(Jrlda
for re;.mlutlon of..,lI disputoCs il\ ~(mnt:(:lion with this Agreement
l7, Notices. A.ny noliC:t:. Tt'l.lut'st~ demand, 01" olher COII\lflLlni'.lutioft r~qtlircd or pC:l'IniHt:d ht::rrumler will be gtVCI\ ir\ w(iting, eomm~Il"'lIr,1ntion chargcs ~)rcpaiu. to
Ihe pany 111 he notified. All eumlTlunicaLion~ will be deellled given whe" received. The adJ...",,,-, fi" the pa11ics 101 the purpo'e' of,,,ch cOllllllttnieatio'l
arc:
[fto. Cu.<itmru;:r;
City of DOo"lhln I~e"ch
100 East Doynl(]]] Beuch
I:loynton Beach, [,L.3343S.
Attention: PI1Vllis "'lch
2nd Copy to II;e AUe,,[ion of the City Mrulager
If to SunGard Puhlic Secwr:
SHnGard l'ubHe Sector Inc,
I 000 I:ltt~i"ess Center Drive
Luh M"ry, rlorida 32746
ATTENTION; ('ontmets/Legal Counsel
^ pany may chunge it~ ~ddress only upon wrilLe" noti~e LO the olllel p~rty in which Cll,e Ihis Agreement will bc deMl..d III have heen so modi/icd.
I K Foree Majeure. )leither r1lMy shall be in dcl~ull hy "'''''lll "r~lny fililure in the pcl'l,mnllllce nfLhis Agreement if sHeh fililure ari,e, out (11' C}llI~C, beyond
il:; rc~~son~bk control. Such Cl..lU!it's muy inorudc. but are not ]imileu 1.(\ act~ nfGo{~. acts cHile public ~rlt'my, !I-cb ()(government in either j[~ sov~rt:i!;n or
ellnlnlow,,1 c"pacity. am oflhe parly who,e porlr.mllance is not sough! 10 he eX~I'ml. tlres, tlood. weather, epiJemic" q\lHr~ntine rCSlrietions, SlI'ik~s, height
~mhargocs.. fulluJC of transmission .oJ' p{lwel' :-;upp!y, me-chanical dinicllltit:~ with =41lIrnf.lI:nt which ~Ollld lllll hllvt: b~l::n r~tiC)nnbly fortcasted Of p['o"idt::d f~lr, or
OUlt:r c:aU!it's hl:}'{md its ;:;olc controL Th~ party s{') uft"i=cted will resume pcl'f'i:mullllc.e- a,:, ::,{)r,111 ~5 practicable after thl!! fOrCt: muji:un= event tcnnimltes.
I'). C"ntraetllall.loeumenls. This Agree",enl, 'Ikmg will! its Sehedllle ^. Order Form, the Standards SheN, illld illly ,upplem~nt~ or modit1cations thereto.
e'l",.i", [he complete ~greement bctwecnlhe parties with respect to the suhjcetnl"lte, he'e')f N(l additional rcplcsematiLHI.s, ag'~emel1ts or modifications 01'
"'lIelldmerll' 1<.> Ihb Ag!1:cl1lcl1l11ereaftel' made by 1I pllr1y shllll be binding upon eith~r p"rty unle~, in writing and signed by CUSltllTle' anJ acc~pled in writing by
.\'In authorized offi(;erofSun(fard P~ll:Jlio Sl;ctOf at ilS offices in Luk~ MmYf rlor~d;'=l.
CITY OF nOYNTOI\' REACH, FL
SUNCARD PUBLIC SF.CTOR INC
^uthori'.eJ S;gnlllllre
4~~~
Ronald t'~hG1ffld\l6wre
Exec.vp, SunGard Public Sector Ino
Prill! Name & Tille
Prim N"mc & Title
Date
September 17,2009
Dale
Slll~G..u'd Public Se-l'-hJr ASP Ag,r~.e-mellt
Rev. 4.01.09
P"ge4 ()f4
Cily ufBoyntorl R(:~ch, FJ.... ASP M;1~lcr Agret':rmml_O.:tHO'Y.um.:l
9/17/2009
- 458 -
6. N
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-157 - Execute, via
a resolution, the Interlocal Agreement (ILA) with the Town of Ocean Ridge to allow beach patrons who
have purchased annual parking perm its to park at designated spaces at the west end of the Town Hall
parking lot at times when the Oceanfront Park parking lot is in on overflow status.
EXPLANATION OF REQUEST: In June 2000, the City and the Town of Ocean Ridge executed a
Dispute Resolution Agreement whereby two parcels of property owned by the City and
adjacent to the Town's administrative offices where conveyed to the Town pursuant to a
Contract for Sale and Purchase. A condition of this agreement provided that the Town will
grant the City unrestricted right to access a portion of the parking spaces within the Town Hall
parking lot for use as overflow parking when the parking lot at Oceanfront Park is full. This
became problematic for the Town when their new Town Hall was constructed. Consequently,
we now wish to amend the Dispute Resolution Agreement by executing this ILA in an effort to
efficiently provide access to the area designated for overflow parking. The ILA also
establishes additional operational procedures for the use of the overflow parking area.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Oceanfront Park is one of the City's most
popular amenities. It includes 260 parking spaces. Ocean Ridge Town Hall is located directly
across the street from Oceanfront Park. Ocean Ridge agrees to provide the City with the right
to access approximately twenty-two (22) parking spaces located at the west end of the Town
Hall parking lot for use as overflow parking. Only people with current Oceanfront Park annual
resident parking permits will be able to utilize these additional parking spaces. When overflow
parking is necessary, the City will provide, erect and remove temporary parking signs. The
City will also provide a Parking Attendant or other personnel at the Town Hall to ensure that
only those spaces designated as overflow parking are utilized.
- 459 -
The use of overflow parking under this ILA will generally be limited to the normal operating
hours of Oceanfront Park. However, by prior notice for special events, arrangements can be
made to ensure access to the necessary overflow parking. These arrangements will be
handled as part of the planning process for an event.
FISCAL IMPACT: Cost to make the sign will be approximately $100. Depending on the type and
duration of the event, it will cost approximately $25 - $100 to provide a Parking Attendant or
other personnel as needed.
ALTERNATIVES: Do not approve the ILA.
- 460 -
RESOLUTION NO.
R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND THE TOWN OF OCEAN
RIDGE FOR OVERFLOW BEACH PARKING AT OCEAN RIDGE
TOWN HALL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 163.01, Florida Statues, known as the "Florida Interlocal Cooperation
Act of 1969" authorizes local governments to make the most efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
provide services and facilities that will harmonize geographic, economic, population and other
factors influencing the needs and development of local communities; and
WHEREAS, in June, 2000 the City of Boynton Beach and the Town of Ocean Ridge
executed a Dispute Resolution Agreement whereby two parcels of property owned by the City and
adjacent to the Town's administrative offices were conveyed to the Town pursuant to a Contract for
Sale and Purchase; and
WHEREAS, a condition of the Town was to grant the City unrestricted right to access a
portion of the parking spaces within the Town Hall parking lot for use as overflow parking when the
parking lot at Oceanfront Park is full which became difficult for the Town when their new Town
Hall was constructed; and
- 461 -
WHEREAS, this Interlocal Agreement will efficiently provide access to the area designated
for overflow parking and establishes additional operational procedures for the use of the overflow
parking area; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of
staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to
authorize execution of the Interlocal Agreement with the Town of Ocean Ridge for overflow beach
parking at Ocean Ridge Town Hall.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above is hereby ratified as being true and
correct and incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves
and authorizes the City Manager and City Clerk to execute an Interlocal Agreement between the
City of Boynton Beach and the Town of Ocean Ridge providing for cooperation between the parties
concerning the use of the Boynton Beach Oceanfront Park and the parking facilities at the Ocean
Ridge Town Hall, said Agreement being attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
{remainder of page intentionally left blank}
- 462 -
PASSED AND ADOPTED this _ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 463 -
INTERLOCAL AGREEMENT BETWEEN
CITY OF BOYNTON BEACH AND TOWN OF OCEAN RIDGE
FOR OVERFLOW BEACH PARKING AT OCEAN RIDGE TOWN HALL
THIS INTERLOCAL AGREEMENT is made and entered into as of this
,2009, by and between:
day of
CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation with an address
of 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435 (hereinafter "City");
AND
TOWN OF OCEAN RIDGE, FLORIDA, a Florida municipal corporation with an address of
6450 N. Ocean Ridge Boulevard, Ocean Ridge, Florida, 33435 (hereinafter "Town"). City and
Town may be collectively referred to as the "Parties".
WITNESSETH:
WHEREAS, the City owns and operates Boynton Beach Oceanfront Park, which includes an
area of land designated as a parking lot for visitors to the park and beachgoers (hereinafter "beach
parking lot"); and
WHEREAS, the Town owns the Ocean Ridge Town Hall located at 6450 North Ocean
Boulevard, Ocean Ridge, Florida, and its adjacent land which is used as a parking lot for the Town Hall;
and
WHEREAS, the City's beach parking lot is located geographically near the Town Hall parking;
and
WHEREAS, the parties acknowledge the City's recurring need to use the Town Hall parking lot
for overflow parking when the City's beach parking lot is full; and
WHEREAS, on or about June 6, 2000, the City and Town executed a Dispute Resolution
Agreement (hereinafter "Initial Agreement") whereby two parcels of property owned by the City and
adjacent to the Town's administrative offices (hereinafter "Town Hall") where conveyed to the Town
pursuant to a Contract for Sale and Purchase; and
WHEREAS, a condition of the Initial Agreement provides that the Town shall grant the City an
unrestricted right to access a portion of the parking spaces within the Town Hall parking lot for use as
overflow parking when the City's beach parking lot is full; and
WHEREAS, Chapter 163, Florida Statutes, authorizes local governments to enter into Interlocal
Agreements to make the most efficient use of their powers by enabling them to cooperate with other
localities on a basis of mutual advantage and thereby to provide services and facilities that will
harmonize geographic, economic, population and other factors influencing the needs and development
of the local communities; and
WHEREAS, the parties desire to amend the Initial Agreement by executing this Interlocal
- 464 -
Agreement in an effort to efficiently provide access to such overflow parking and to establish additional
operation procedures for the City's use of the Town Hall lot for overflow parking.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and covenants
hereinafter set forth and for other good and valuable considerations, the receipt and legal sufficiency of
which are hereby acknowledged, the City and the Town hereby agree as follows:
ARTICLE 1 - Services
A The Town agrees to provide the City with the right to access a portion of the Town's
parking spaces located at the Town Hall for use as overflow parking when the City's beach parking lot is
full. The parties agree that overflow parking will be allowed only in designated spaces at the west end
of the Town Hall lot as designated on the plan attached hereto as Exhibit "A" Overflow parking at the
Town Hall lot will be allowed when the City's beach parking is at an overflow status, as determined by
the City. Only those persons with current and valid beach decals may utilize the area governed by this
Agreement.
B. The Town agrees to make approximately twenty-two (22) parking spaces available to the
City for the City's overflow parking needs. The City acknowledges that the spaces located in the lot in
front of the Town Hall will not be used for overflow parking, unless specifically authorized by the Town
for a particular event.
C. The City agrees to provide, erect and remove temporary parking signs during the times
the overflow parking is being used at the Town Hall lot.
D. The City agrees to provide a Parking Attendant or other personnel at the Town Hall lot
during the times that overflow beach parking is needed and being used to ensure that only those spaces
designated as overflow parking are utilized.
E. The Town will designate a contact person within the Town's Police Department to act as
a liaison between the City and the Town for issues arising under this Agreement and to receive notice of
the City's intent to use the overflow parking as provided for herein. When the City determines that
access to the overflow parking created herein is necessary, the City's Parking Attendant or Beach
Supervisor will contact the Town's Police Department liaison to inform the Town that overflow parking
may be required at the Town Hall lot.
F. The use of overflow parking under this Agreement is generally limited to the normal
operating hours of the beach. However, by prior notice for special event, including but not limited to
concerts, at the Oceanfront Park, arrangements will be made between the parties at least seven (7) days
prior to the event to ensure access to the necessary overflow parking. These arrangements may be
handled as part of the City's Special Events Review Process. The Town agrees to provide such
overflow parking for the City's special events unless the Town has a previously scheduled event or
conflict at the Town Hall the same date and time as the City's special event.
ARTICLE 2 - Commencement Date and Term The Commencement Date of this Agreement shall
be the date shown herein below when the last party to this Agreement has executed same. This
Interlocal Agreement shall remain in full force and effect for the term of the Initial Agreement including
any renewal terms.
- 465 -
ARTICLE 3 - Filin2 This Agreement shall be recorded in the Public Records of Palm Beach County,
Florida and shall constitute a covenant running with the land.
ARTICLE 4 - Indemnification Both parties are state agencies as defined in Chapter 768.28,
Florida Statutes. Each party shall be responsible for the acts and omissions of its agents or employees to
the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by
any party to which sovereign immunity may be applicable or as a waiver of limits of liability under
Section 768.28, Fla. Stat. Nothing herein shall be construed as consent by a state agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement
or any other contract.
ARTICLE 5 - Insurance In connection with its use of the Town Hall lot, the City agrees to obtain a
Certificate of Insurance naming the Town as an additional insured.
ARTICLE 6 - Notice Whenever any party desires to give notice unto any other party, it must be
given by written notice, sent by certified United Stated mail, with return receipt requested, by hand
delivery, or by facsimile transmission with receipt of delivery, addressed to the party for whom it is
intended and the remaining parties. Notice shall be deemed given upon receipt. The parties designate
the following as their respective places for giving of notice.
City:
Copy to:
Town:
Copy to:
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Telephone No. (561) 742-6010
Facsimile No. (561) 742-6011
James A Cheraf, City Attorney
Goren, Cheraf, Doody & Ezral, P.A
3099 E. Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
T own Manager
Town of Ocean Ridge
6450 North Ocean Blvd.
Ocean Ridge, Florida 33435
Telephone No.
Kenneth Spillias, Town Attorney
1700 Palm Beach Lakes Blvd., Suite 1000
West Palm Beach, Florida 33401
Telephone No. (561) 640-0820
Facsimile No. (561) 640-8202
ARTICLE 7 - Exhibits Each Exhibit referred to in this Agreement forms an essential part of this
Agreement, and is deemed a part hereof The exhibits if not physically attached should be treated as part
of this Agreement and are incorporated herein by reference.
- 466 -
ARTICLE 8 - Waiver Failure of the parties to insist upon strict performance of any covenant or
condition of this Agreement, or to execute any right herein contained, shall not be construed as a waiver
or relinquishment for the future of any such covenant, condition or right, but the same shall remain in
full force and effect.
ARTICLE 9 - Initial A2reement The remainder of the Initial Agreement shall remain binding and
valid. In the event of any conflict or ambiguity by and between the terms and provisions of this
Interlocal Agreement and the Initial Agreement, the terms and provisions of this Interlocal Agreement
shall control to the extent of any such conflict or ambiguity.
ARTICLE 10 - No Third-Partv Beneficiarv This Agreement is made solely and specifically
among and for a the benefit of the parties hereto, and their respective successors and assigns subject to
the express provisions hereof relating to successors and assigns, and not other person shall have any
rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement
as a third-party beneficiary or otherwise.
ARTICLE 11 - Remedies Each party hereto recognizes and agrees that the violation of any terms,
provision, or condition of this Agreement may cause irreparable damage to the other Parties, which may
be difficult to ascertain, and that the award of any sum of damages may not be adequate relief to such
parties. Each party, therefore, agrees that, in addition to other remedies available in the event of a
breach of this Agreement, any other party shall have a right to equitable relief, including, but not limited
to, the remedy of specific performance.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
- 467 -
IN WITNESS WHEREOF, the parties hereto have executed this Interlocal Agreement on the dates
hereinafter subscribed.
CITY OF BOYNTON BEACH
Attest:
By:
JANET PRAINITO
City Clerk
KURTBRESSNER
City Manager
Date:
Approved as to legal form.
Office of the City Attorney
TOWN OF OCEAN RIDGE
Attest:
By:
Town Clerk
KENNETH N. SCHENCK, JR
T own Manager
Date:
Approved as to legal form.
Town Attorney
- 468 -
C(
The City of Boynton Beach
OFfiCE OF fHE CITY MANAGER
100 E. Boynton BEach Boulevard
P.o. Box 310
Boynton Beach, Florida 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-5011
e-mail: bressnerk@bbfl.us
www.boynton-beach.org
July 15,2009
Mr. Kenneth N. Schenck, Jr.
Town Manager
Town of Ocean Ridge
6450 North Ocean Boulevard
Ocean Ridge, FL 33435
Re: Overflow Beach Parking at Ocean Ridge Town Hall
Dear Ken:
Thank you for meeting with us 1ai>1 week. Based On the discussions I propose an amended Intra-local
Agreement that would cover the following basic componentS:
1. Where will parking on the Ocean Ridge Town Hall parcel be provided? Only in the
designated spaces at the west end of the Town Hall Parking lot as designated on the attached
plan. It is estimated that a total of 22 spaces will be made available. Beach parking is not
allowed in the front parking spaces of the Ocean Ridge Town Ball lot, W11ess specifically
authorized by the Town of Ocean Ridge for a particular event,
2. How will available parking spaces be marked? The City of Boynton Beach shall provide,
erect and remove temporary parking signs during the times the overflow parking is provided
on the Ocean fudge Town Hall parcel.
3. When Parking will be made available? At times when the beach parking is at an overflow
status. This is limited to times when the beach is open.
4. How will this be communicated to the Town of Ocean Ridge? The Boynton Beach Parking
Attendant or Beach Supervisor will contact the Ocean Ridge Police Department that
overflow parking may be required at the Ocean Ridge To'Ml Hall Parking.
5. Who can park in the Overflow area at the Ocean Ridge Town Hall? Only those persons with
current and valid beach decals may utilize this area,
6. How will this be checked? The City of Boynton Beach is responsible for staffing a parking
attendant at the Ocean Ridge Town Hall during times that overflow beach parking is needed.
7, Will overflow parking be made available at other times? Only by prior arrangement for a
concert or other special event at the beach and arrangements will be made at least seven days
before the event to provide for overflow parking. This can be handled as part of the City of
Boynton Beach's Special Events Review Process. The Town of Ocean Ridge shall provide
parking unless there is an event or conflict the same date at the OceaD Ridge Town Hall.
- 469 -
8. Will the City of Boynton Beach provide insurance? Yes the City of Boynton Beach will
provide a Certificate of Insurance to the Town of Ocean Ridge naming the TOV,l1 of Ocean
Ridge as Additional insured as respect to general liability.
Please review these items and ifacceptablc, I will ask our Legal staff to prepare an amendmentto the
Dispute Resolution agreement.
~
Kurt Bressner
City Manager
Cc: Jim Cherof, City Attorney
Wally Majors, Director Rec. & Park
Chuck Magazine, Risk Manager
AMERICA'S GATEWA Y ':1.'0 THE GULFS'I'R1JJAM
- 470 -
2
6.0
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 10/20/09
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-158 - Approve the
Interlocal Agreement between the City of Lake Worth and the City of Boynton Beach for building,
planning and related administrative services.
EXPLANATION OF REQUEST: Approve a contract with the City of Lake Worth wherein the City of
Boynton Beach will provide building, planning and related administrative services on an as
needed basis. The Interlocal Agreement would be in effect until September 30,2010.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Increases revenue to the city and
contributes to Interlocal cooperation. The City will provide professional Planners, Plan
Reviewers, Inspectors and a Building Official as required. At present the City of Boynton
Beach is providing the services of a Building Official for approximately (20) hours per week
under an interim agreement.
FISCAL IMPACT: Approximately $10,000 of additional revenue to the City of Boynton Beach, per
year.
ALTERNATIVES: Do not approve Interlocal Agreement.
- 471 -
RESOLUTION NO.
R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND THE CITY OF LAKE WORTH
FOR BUILDING AND PLANNING SERVICES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 163.01, Florida Statues, known as the "Florida Interlocal Cooperation
Act of 1969" authorizes local governments to make the most efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
provide services and facilities that will harmonize geographic, economic, population and other
factors influencing the needs and development of local communities; and
WHEREAS, The City of Lake Worth is desirous of procuring all or some of the
administrative and inspection services relating to building and planning which is provided by the
City of Boynton Beach Development Department; and
WHEREAS, the Boynton Beach Development Department is willing to perform such
services; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of
staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to
authorize execution of the Interlocal Agreement with the City of Lake Worth for building and
planning services and related administrative Services.
- 472 -
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above is hereby ratified as being true and
correct and incorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby approves
and authorizes the City Manager and City Clerk to execute an Interlocal Agreement between the
City of Boynton Beach and the City of Lake Worth for building and planning services and related
administrative services, said Agreement being attached hereto as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST:
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 473 -
INTERLOCAL AGREEMENT BETWEEN THE CITY OF LAKE WORTH AND THE
CITY OF BOYNTON BEACH FOR BUILDING AND PLANNING SERVICES
AND RELATED ADMINISTRATIVE SERVICES
This is an Interlocal Agreement, ("Agreement") made and entered into by and
between: The CITY BOYNTON BEACH, a Florida municipal corporation, hereinafter
referred to as "BOYNTON BEACH,"
AND
The CITY OF LAKE WORTH, a Florida municipal corporation existing under the
Jaws of the state of Florida, hereinafter referred to as "LAKE WORTH."
WHEREAS, this Agreement is entered into pursuant to S163.01, Florida Statutes,
also known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, BOYNTON BEACH maintains a Development Department that
conducts administrative and inspection services relating to building and planning
("Services"); and
WHEREAS, LAKE WORTH is desirous of procuring all or some of the Services
of BOYNTON BEACH for the performance of administrative and technical services
relating to building and planning, or other Services within the municipal boundaries of
LAKE WORTH; and
WHEREAS, BOYNTON BEACH, is willing to perform such Services pursuant to
the terms and conditions hereafter set forth;
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions,
promises, covenants and payments hereinafter set forth, BOYNTON BEACH and LAKE
WORTH agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. LAKE WORTH agrees to transfer to BOYNTON BEACH the authority to perform
the Services in accordance with the terms of this Agreement, on an as needed basis.
1.2. BOYNTON Bf..ACH shall perform the above Services pursuant to this Agreement
through its Development Department, or any successor division as may be designated
by the BOYNTON BEACH City Manager.
1.3 Additional Services may be provided to LAKE WORTH upon written Amendment
to this Agreement, as provided in Section 9.6.
- 474 -
ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED
2.1 1t is specifically understood and agreed that all rights and powers as may be
vested in LAKE WORTH pursuant to Chapter 166, Florida Statutes, or any other law or
ordinance or Charter provision of LAKE WORTH not specifically addressed by this
Agreement, shall be retained by LAKE WORTH.
ARTICLE :3 - COMPENSATiON
3.1 BOYNTON BEACH shall provide the Services as required pursuant to this
Agreement at the following rates:
a Field Inspector - $50.00 per hour
a Plans Examiner - $55.00 per hour
m Building Official (licensed Building Code Administrator) ~ $70.00
per hour
~ Planner (Comp. Plan experience) - $60.00 per hour
m Additional services as may be negotiated
3.2 BOYNTON BEACH shall invoice LAKE WORTH on a monthly basis for actual
Services provided to LAKE WORTH by BOYNTON BEACH during the preceding month.
LAKE WORTH shall reimburse BOYNTON BEACH within forty-five (45) days of the
date of the invoice. LAKE WORTH shall be invoiced for fractional portions of an hour in
quarter hour increments to the nearest quarter hour at the rate set forth herein.
3.3 BOYNTON BEACH will prioritize and respond to additional services requested
such as emergency inspection services, intermittent, unplanned or limited, contingent
on the availability of resources.
ARTICLE 4 - TERM OF AGREEMENT
4.1 This Agreement shall be deemed to have commenced on October 1, 2009, and
shall continue in full force and effect until midnight, September 30, 2010. This
Agreement may be extended for additional terms subject to the execution of a written
amendment to this Agreement.
4.2 This Agreement shall remain in full force and effect until the termination date or
any extended termination date, as set forth above, unless written notice of termination
by BOYNTON BEACH or LAKE WORTH is provided pursuant to Section 8, NOTICES.
2
- 475 -
ARTICLE 5 - GOVERNMENTAL IMMUNITY
Both parties are state agencies as defined in Chapter 768.28, Florida Statutes.
Each agrees to be fully responsible for acts and omissions of their agents or employees
to the extent permitted by law. Nothing herein is intended to serve as a waiver of
sovereign immunity by any party to which sovereign immunity may be applicable.
Nothing herein shall be construed as consent by a state agency or political subdivision
of the State of Florida to be sued by third parties in any matter arising out of this
Agreement or any other contract.
ARTICLE 6 - INSURANCE
BOYNTON BEACH and LAKE WORTH are self insured in accordance with
provisions set forth within Section 768.28, Florida Statutes.
ARTICLE 7 - TERMINATION
This Agreement may be terminated by either party upon ten (10) days written
notice to the other party of such termination pursuant to Section 8, NOTICES, herein.
ARTICLE 8 - NOTICES
Any and aU notices given or required under this Agreement shall be in writing and may
be delivered in person or by United States mail, postage prepaid, first class and
certified, return receipt requested, addressed as follows:
TO BOYNTON BEACH;
Kurt Bressner, City Manager
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425
With Copy to:
Quintus Greene, Development Director
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425
James A. Cheraf, City Attorney
Goren, Cherat, Doody & Ezral, P A
3099 East Commercial Boulevard
Suite 200
3
- 476 -
Fort Lauderdale, FL 33308
TO LAKE WORTH;
Susan Stanton, City Manager
7 N. Dixie Highway
Lake Worth, FL 33460
W~th Copy to:
Community Development Director
7 N. Dixie Highway
Lake Worth, FL 33460
Elaine A. Humphreys
Acting City Attorney
7 N. Dixie Highway
lake Worth, FL 33460
ARTICLE 9 - MISCELLANEOUS PROVISiONS
9.1 ASSIGNMENT: BOYNTON BEACH shall perform the selected Services
provided for in this Agreement exclusively and solely for the LAKE WORTH which is a
party to this Agreement. Neither party shall have the right to assign this Agreement.
9.2 LAKE WORTH agrees that its employees, officials, representatives, and agents,
shall not recruit, discuss, or solicit City of Boynton Beach employees, who are providing
services pursuant to this Agreement, for employment with the City of lake Worth during
the term of this Agreement. In the event the City of lake Worth violates this provision,
the City of Boynton Beach shall be entitled to terminate this Agreement, as provided
herein. This provision shall not prohibit a City of Boynton Beach employee from
voluntarily seeking employment with the City of Lake Worth.
9.3 WAIVER: The waiver by either party of any failure on the part of the other party
to perform in accordance with any of the terms or conditions of this Agreement shall not
be construed as a waiver of any future or continuing similar or dissimilar failure.
9.4 SEVERABILITY: The invalidity of any provision of this Agreement shall in no
way affect the validity of any other provision.
9.5 ENTIRE AGREEMENT: It is understood and agreed that this Agreement
incorporates and includes all prior negotiations, agreements or understandings
applicable to the matters contained herein and the parties agree that there are no
4
- 477 -
commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
9.6 INDEPENDENT CONTRACTOR: BOYNTON BEACH is an independent
contractor under this Agreement Services provided by BOYNTON BEACH pursuant to
this Agreement shall be subject to the supervision of BOYNTON BEACH. In providing
such services, neither BOYNTON BEACH nor its agents shall act as officers,
employees, or agents of LAKE WORTH. This Agreement shall not constitute or make
the parties a partnership or joint venture.
9.7 MODIFICATION: it is further agreed that no modifications, amendments or
alterations in the terms or conditions contained herein shail be effective unless
contained in a written document executed with the same formality and of equal dignity
herewith.
9.8 CHOICE OF LAW: Any controversies or legal problems arising out of this
transaction and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth
Judicial Circuit in and for Palm Beach County, Florida, the venue situs, and shall be
governed by the laws of the State of Florida.
9.9 DRAFTING: This Agreement has been negotiated and drafted by all parties
hereto and shall not be more strictly construed against any party because of such
party's preparation of this Agreement.
9.10 FILING. An executed original of this Agreement and any amendment(s) hereto
shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida.
5
- 478 -
Attest:
Attest:
City Clerk
City Clerk
CITY OF BOYNTON BEACH
By
Kurt Bressner, City Manager
_ day of
(da'e)
APPROVED AS TO FORM:
By...
James A. Cheraf, City Attorney
CITY OF LAKE WORTH
By
Susan Stanton, City Manager
_ day of
,_(date)
APPROVED AS TO FORM:
By
Elaine A Humphreys
Acting City Attorney
6
- 479 -
6. P
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-159 - Authorize
entering into a contract with Palm Beach County Housing and Community Development, implementing
activities under the 2005 Disaster Recovery Initiative Program, and receiving maximum reimbursement
of $1,629,170.
EXPLANATION OF REQUEST: Palm Beach County received funding from the United States
Department of Housing and Urban Development under its Community Development Block
Grant Program through the State of Florida Department of Community Affairs in connection
with the State 2005 Disaster recovery Initiative Program for the purpose of rehabilitating
dwellings that were damaged and/or destroyed by hurricane Wilma.
Palm Beach County's original date to expend funds is February 15, 2010. A determination
between the County and the Department of Housing Affairs is that this date is unreasonable,
and an eighteen month extension is being processed between the two agencies. As a result,
the City of Boynton Beach will implement its strategy to encumber as much of the funds as
needed to assist our residents. Without the time extension, limited assistance can be provided.
City Staff has developed a plan of action which is acceptable to County staff to assist city
residents who have not repaired or replaced housing damaged as a result of this storm, and
did not have sufficient insurance to address their situation. This plan allows for rehabilitation
and housing replacement.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Address income eligible housing affected
by hurricane Wilma throughout the entire city which may have a negative impact on
communities.
- 480 -
FISCAL IMPACT: The County agrees to provide 100% reimbursable funding to the City for a
maximum amount of $1 ,629,170 for eligible costs incurred by the City as follows.
. $ 1,074,000 - Rehabilitative construction costs and related expenses.
. $ 465,000 - Activities to be determined.
. $ 8,000 - Temporary relocation costs.
. $ 82,170 - City costs (approximately 5% of total costs) incurred to inspect, coordinate
construction and provide affordable housing adm inistrative support.
ALTERNATIVES: Not to enter into the contract to provide the services and receive
reimbursement for eligible costs.
- 481 -
RESOLUTION R09-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND PALM BEACH COUNTY FOR THE
APPLICATION TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS TO RECEIVE $1,629,170.00 IN
FUNDING THROUGH THE 2005 FLORIDA CDBG DISASTER
RECOVERY INITIATIVE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Palm Beach County received funding from the United States Department of
Housing and Urban Development under its Community Development Block Grant Program through the
State of Florida Department of Community Affairs in connection with the State's 2005 Disaster
Recovery Initiative Program for the purpose of rehabilitating dwellings that were damaged and/or
destroyed by hurricane Wilma; and
WHEREAS, a determination between the County and the department of Housing Affairs that
the date of 2010 for Palm Beach County to expend the funds was unreasonable and an eighteen month
extension is appropriate; and
WHEREAS, the City of Boynton Beach will implement its strategy to encumber as much of the
funds as needed to assist its residents; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to authorize execution of
the Interlocal Agreement with Palm Beach County to implement the activities associated with the funds
that have been allocated to the City of Boynton Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof
- 482 -
Section 2.
Upon recommendation of staff, this Commission does hereby authorize execution
of this Interlocal Agreement between the City of Boynton Beach and Palm Beach County to implement
the activities associated with the funds that have been allocated to the City of Boynton Beach, a copy of
which Agreement is attached hereto and made a part here.
Section 3.
That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 483 -
AGREEMENT BETWEEN PALM BEACH COUNTY
AND
CITY OF BOYNTON BEACH
THIS AGREEMENT, entered into this _ day of
, 20_, by and between
Palm Beach County, a politica! subdivision of the State of Florida, and the City of Bovnton Beach, a
municipality duly organized and existing by virtue of the laws of the State of Florida, having its principal
office at 100 East Bovnton Beach Boulevard Bovnton Beach Florida 33435.
WHEREAS, Palm Beach County has entered into a Contract (number 07DB-3V-10-60-01-ZD7) with
the State of Florida, Department of Community Affairs, in connection with the State's 2005 Disaster
Recovery Initiative P;-ogram which the State IS implementing for the use of grant funds provided by the
United States Department of Housing and Urban Development under its Community Development
Biock Grant Program; and
WHEREAS, the City of Bovnton Beach was allocated certain funds under said Contract to implement
specified activities under the 2005 Disaster Recovery Initiative Program; and
WHEREAS, Paim Beach County desires to engage the City of Bovnton Beach to implement the
activities associated with the funds aliocated to it.
NOW, THEREFORE, in consIderation of the mutual promises and covenants herein contained, it is
agreed as foiiows:
PART I
DEFINiTIONS PURPOSE AND APPLICABLE CONDITiONS
DEFINiTIONS
(1) "County" means Palm Beach County
(2) "CDBG" means the Community Development Block Grant Program of the United States
Department of Housing and Urban Development.
(3) "HCD" means Palm Beach County Housing and Community Development.
(4) "M:Jnicipa!ity" means the City of Bovnton Beach.
(5) "State" means the State of Florida, Department of Community Affairs.
(6) "Contract" means contract number 07DB~3V-10-60~01-Z07 between Palm Beach
County and the State of Florida, Department of Community Affairs.
(7) "HCD Approval" means the written approval of the HCD Director or his designee.
(8) "U.S. HUD" means the Secretary of Housing and Urban Development or a person
authorized to act on its behalf.
2.
PuRPOSE
The purpose of this Agreement is to state the covenants and conditions under which the
Municipality will implement the Scope of Services set forth in Part II of this Agreement. All the
beneficiaries of a project funded under this Agreement shall be low income households whose
household incomes are within 80% of the median income for the West Palm Beach - Boca
Raton Metropolitan Statistical Area adjusted by family size, as determined by HCD in its sole
discretion.
Page 1 of 36
City of Boynton E
APPliCABLE CONDIT!ONS
The Municipality shall be bound by the Contract to the extent applicable to this AgreE
Furthermore, the conditions applicable to the activities undertaken in connection wil
Agreement shall include but not be limited to those listed below (as they may be amende
time to time). Palm Beach County's 1aHure to list verbatim or make reference to a regu
statute, ordinance, reference, or any other document affecting the Municipality, shall not r
the Municipality of compiiance with any applicable regulation, statute, ordinance, or an}
document not listed below. The County reserves the right, but not the obligation, to info
Municipality of any such applicable regulation, statute, ordinance, or any other documer
to require the Municipality to comply with the same.
3.
Business Act, s
and Community
regarding
F.S.;
8.Rule Chapier 98-43, Code..
9. Department of Community Affairs Technical
10.HUD Circular applicable to
the Small Cities CDBG Program;
Act of 1969
Act of 1966
amended and
(24 C.F.R.,
17.8afe Drinking
amended;
Act of 1974,
Species Act of 1958,
Order 12898 Environmenta!
Justice
20.Executive Order 11988 and 24 C.F.R. Part
55- Floodplain
2': .The Federa! Water Control Act of
as amended (33 U.S.C., s 1251 et.
22.Executive Order 11990 Protection of
(24 C.F.R
Protection Policy Act of 1981;
28.Ciean Water Act of 1977;
29. Davis - Bacon Act:
seq.;
Final
33.Noise Abatement and Coniro!: Depart
Poiicy Implementation, ResponsibilitiE
Standards, 24. C.F.R. Part 51, Subpar
34.Fiood Disaster Protection Act of 197
Planning
Ch.
Cuitural Pro
under HUD Programs, 24 C.F.R. Part
36.Coastal Zone Management Act of 197
92-583;
3?ArchitectLiral and Construction St.anda
38.Architectural Barriers Act of 1958, 42
4151;
39.Executive Order
evaiuation of fiood
control and
41.Cost-Effective Energy
Standards, 24 C.F.R., Part 39;
42.Section 8 Existing Housing QualitySlar
24 C.F.R., Part 882;
43.Coastal Barrier Resource Act of 1982;
44.Federal Fair Labor Standards Act, 29
s.201
45.Titie VI Rights Act of 1964
46. Title Vii of the Rights Act of 1968
discrimination in housing;
4?Age Discrimination Act of 1975;
48.Executive Order 12892 - Fair Housing
49.Section 109 of the and Com
50.Section
and 24 C.F.R., Part 8;
51.Executive Order 11 053 - Equal Opporil
Housing;
52. Executive Order 11246 - Non-discrimil
53. Section 3 of the Housing and
Development Act of 1968, as amer
Employment /Training of Lower II
Residents and Locai Busir,ess Contral
54. Uniform Relocation Assistance and
Properiy Acquisition Policies Act of 197
100-17, and 49 C.F.R. Parl24;
55.Copeiand Anti-Kickback Act of 1924;
56. Hatch Act;
57.Titie IV Lead-Based Paint Poi
Prevention Act(42 U.s.C. s. 1251 et.
58.0MB Circulars A-8?, A-122 and A-1
Requirements for Grar
C.F.R. Part 85;
50. Section 102 of the Department of H,
and Urban Development Reform Act 0
and 24 C.F.R. Part 12;
9BER05-2, CDBG Di
Page 2 of 36
City of Boynton Beach
PARTiI
SCOPE OF SERVICES
The Municipality shalL in a satisfactory and proper manner as determined by HCD, perform the tasks
necessary to conduct the program outlined in Exhibit "A" as attached hereto and made a part hereof.
PARTiI!
COMPENSAT;ON TIME OF PERFORMANCE METHOD AND CONDITIONS OF PAYMENT
'. MAXIMUM COMPENSATION
The Municipaiity agrees to accept as full payment for services rendered pursuant to this
Agreement the actual amount of budgeted, eligible, and HCD Director or designee-approved
expenditures and encumbrances made by the Municipality under this Agreement, which shall
not De unreasonably withheld. Said services shall be performed in a manner satisfactory to
HCD. In no event shall the total compensation or reimbursement to be paid hereunder exceed
the maximum and total aut~9ri~7e.~LJ.~()f hQ2~-,-170 (as more specifically detailed in Exhibit
A hereto) for the period of~'<~~_~.,-2008 through and including Februarv 15 2010.
Any funds not obligated by the expiration date of this Agreement shall automatically revert to
the COL;nty.
The MLnicioalitv aarees to comolv with the reauirements of 24 CFR Part 58. The orovision of
funds Jnder this Aqreement is conditioned on the satisfactorv comoletion of the environmental
review Drocess and the Countv's determination to Draceed modify or cancel this
DroiecUactivitv based on the results of this environmental review. If this project involves
unspecified sites, the Municipality agrees to provide a request to HCD for the review and
approval of an environmental revle\\' as the sites are identified.
2.
TiME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are
contingent upon the timely release offunds for this project under State Contract number07DB-
3V-1O-60~01-Z07, and any amendments thereto. If funds cease to be available Linder said
Contract, the County shall be relieved from providing funas under this Agreement. The
effective date shali be the date of execution of this Agreement, and the services of the
Municipa!ity shall be undertaken and completed in light of the purposes of this Agreement. In
any event, all services required hereunder shail be completed by the Municipality prior to
Februarv 15 2010.
3.
METHOD OF PAYMENT
The ~ounty agrees to make payments and to reimburse the Municipality for aE budgeted cosi:s
p~rmltted by Federal, State, and County' guidelines. The Municipality sha!! not request
reimbursement for payments made by the Municipality before the effective date of this
nor shall it request reimbursement for payments made after the expiration date of
and in no event shall the County provide advance funding to the Municipality
or any subcontractors hereunder.
The Municipality shall request payments or reimbursements from the County by submitting to
H.CD documentation of expenditures consisting of originals of invoices, receipts, or
other of indebtedness, and when original documents cannot be presented, the
lV1~nicipality may furnish copies if deemed acceptable by HCD. Each request for payment or
relmb~rsement submitted by the Municipality shall be accompanied by a letter from the
MunicIpality,. provided on the Municipality's letterhead, referencing the name of the project
fundea herem, the date of this Agreement and/or its document number, and containing a
statement requesting the payment or reimbursement and its amount, as well as the name and
signature of the person making the request. Payment sha!: be. made by the Palm Beach
County Finance Department upon presentation of the aforesaid proper documentation of
expenditures as approved by HCD.
T~e Municipality may at any time after the expiration of this agreement request from the County
reimbursement for payments made by the Municipality during the term of this Agreement by
HeO the aforesaid proper documentation of expenditures, and the Palm Beach
County. Department shail make payment as stated above, provided that HCD has
determIned that the funds allocated to the Municipality through this agreement are stili available
for payment, and provided that HCD approves such payment.
Page 3 of 36
City of Boynton E
4.
CONDITIONS ON WHICH PAYMENT IS CONTINGENT
(1) IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDUI
The Municipality shall implement this Agreement in accordance with applicable FE
State, and County laws, ordinances and codes and with the procedures outli
HCD Policies and Procedures memoranda. The Federal, State, and County
ordinances and codes are minimal regulations supplemented by more res1
guidelines set forth by HCD. No payments for projects funded by more thz
funding source will be made until a cost allocation plan has been approved by thl
D:rector or designee. Shouid a project receive additional funding afh
commencement of this Agreement, the Municipality shall notify HCD in writing
thirty (30) days of receiving notification from the funding source and submit
allecation plan for approval by the HCD Director or designee within forty~five (45
of said official notification.
(2) FiNANCIAL ACCOUNTABILITY
The County may have a financial systems analysis and/or an audit of the Munic
orof any of its subcontractors, by an independent auditing firm employed by the C
or by the Internal Audit Department at any time the County deems neCl
to determine project is being managed in accordance with Federal, Stat
County requirements.
(3) SUBCONTRACTS
Any work or services subcontracted hereunder shall be specifically by written co
written agreement, or purchase order. All subcontracts shall be submitted I
Mun1cipality to HCD and approved by HCD prior to execution of any subcc
hereunder. AH subcontracts shall be subject to Federal, State and County laVi
regulations. This includes ensuring that all consultant contracts and fee schedule~
the minimum standards as established by tr,8 Palm Beach County Engin
Department and U.S. HUD. Contracts for architecture, engineering, surve)
planning shalt be fixed fee contracts.
All additional services shall have prior written approval with support documer
detailing categories of persons performing work plus hourly rates including be
number of drawings required, and all items that justify the "Fixed Fee Con
Reimbursables will be at cost. None of the work or services covered b
Agreement, including, but not limited to, consultant work or services, sh
subcontracted or reimbursed without prior written approval of the HCD Director
designee.
(4) PURCHASiNG
All purchasing for services and goods, capital equipment, shall be me
purchase order or by a written contract in conformity with the proc€
prescribed by the Palm Beach County Purchasing Code, as we1l as Federal Ma
ment Circulars A-B?, A-102, A-128, and 24CFR Part 85 (also known as the COI
Rule), which are incorporated herein by reference.
(5) REPORTS AUDITS AND EVALUATIONS
Payment will be contingent on the timely receipt of complete and accurate n
requi.red by this Agreement, and on the resolution of monitoring or audit fir
identified pursuant to this Agreement.
(6) ADDiTIONAL HCD COUNTY AND U.S. HUD REQUIREMENTS
HCD shaH have the right under this Agreement to suspend or terminate
after 15 days written notice the Municipality has not complied with any
~~g~tions that may be imposed, at any time, by HCD, the County, the State, 0
(7) PRIOR WRITTEN APPROVALS.SUMMARY
The following activities among others require the prior written approval of the
Director or designee to be ehgible for reimbursement or payment:
(a) All subcontracts and agreements pursuant to this Agreement.
(b) AJJ change orders; ,
(c) All requests to utilize uncommitted funds after the expiration ofthis Agre~
for programs described in Exhibit A.
Page 4 of 36
City of Boynton Beach
City of Boynton!
(8)
Said audit shall be made by a Certified Public Accountant of the Municipality's chc
subject to the County's approval. In the event the M~nicipali1y anticipat,8s a dela~ in prol
such audit, the Municipality shall request an extensIon In advance of :h,e d:a~llne. Tt'
of said audit shall be borne by the Municipality. In the event the Munlclp~!lty Is.~xen:r
having an audit conducted under A-133, the Municipality shall submit audlred fir
statements and/or the County reserves the right to conduct a "limited scap: audit"
Municipality as defined by A-133. The County will be responsible for proViding tee
assistance to the Municipality, as deemed necessary by the County.
PROGRAM-GENERATED INCOME
Ail income earned by the Municipality from activities financed in whole or in part by
funds provided hereunder must be reported to HCD. Such income would include, but
not be limited to, income from service fees, sale of commodities, and rental or usag.e
fees. Such income shall only be used to underi:ake the activities authorized by thiS
Agreement. Accounting and disbursement of such income shall. comply with OMB
Circular A-110 and other applicable regulations incorporated herein by reference.
PART IV
6.
UNIFORM ADMINISTRATIVE REQUIREMENTS
1 he Municipality agrees to comply with the applicable uniform administrative requiremE
described in Federal Community Development Block Grant Regulations 24 CFR 570.!
GENERAL CONDITIONS
OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLlANCE
The Municipality agrees that no person shall on the ground of race, color, disability, national
origin, religion, age, financial status, familial stat~s, marital status, s.exual orientation, or
gender, be excluded from the benefits of, or be sub;ected to discnmination under any activity
carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the County shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the proJect areas, shall be given
opportunities fortraining and employment; and to the greatestfeasibl~ extent eligible business
concerns located in or owned in substantial part by persons residing In the project areas shall
be awarded contracts in connection with the project. The Municipality shall comply with the
Section 3 Clause of the Housing and Community Development Act of 1968.
REVERSION OF ASSETS
Upon expiration of this Agreement, the Municipality shaH transfer to the County any
funds on hand at the time of expiration and any accounts receivable attributable to the
CDSG funds. Any reai property under the Municipality's control upon expiration
Agreement which was acquired or improved in whole or part with COBG in the exc
$25,000 must either be used to meet one of the national objectives .in Fed~ral Com
Development Block Grant Regulations 24 CFR 570.508 for a penod of five yean
expiration of this Agreement (unless a longer period is specified elsewhere in this.Agree
or, the Municipality shall pay the County an amount equal to the current market value
less any portion of the value attributable to expenditures of non-CDBG funds
of, or improvement to, the property.
2.
8. DATA BECOMES COUNTY PROPERTY
All reports, plans, surveys, information, documents, maps, and other data proCE
developed, prepared, assembled, or completed by the Municipality for the purpose
Agreement shall be made available to the County bY' the Municipality at any tin:e.upon rE
by the County or HCD. Upon completion of al! work contemplated under ThiS Agr<<;,
copies of all documents and records relating to this Agreement shall be surrendered I(
if requested. in any event the Municipality shall keep all documems and records for
years after expiration of this Agreement.
OPPORTUNITIES .FOR SMALL AND MINORITY/WOMEN.OWNED BUSiNESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
the Municipality shall make a positive effort to utilize sma!1 business and
business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant
to this Agreement. To the maximum extentfeasible these small business and minority/women-
owned business enterprises shall be located in or owned by residents of the CDBG areas
designated by Palm Beach County in the CDBG Annual Consolidated Pian approved by U.S
HUD.
INDEMNiFICATION
Each party to this Agreement shall be liable for its own actions and negligence and.,
extent permitted by law, the County shall indemnify, defend, and hoid harmless the Munlc
against any actions, claims, or damages arising out of the County's negligence in conn
with this Agreement, and the Municipality shall indemnify, defend, and hold harmle
County against any actions, claims, or damages arising out of the Municipality's neglige
connection with this Agreement. The Municipality shall also hojd the State harmless a
all claims of whatever nature arising out of the Municipality's performance of work und
Agreement, to extent ailowed and required by law. The foregoing indemnification sh
constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statute, s
768.28, nor shall the same be construed to constitute agreement by either party to ind{
the other party for such other party's negligent, willful or intentional acts or omissions
Municipality shall hold the County harmless and shall indemnify the County for funds whi
Countv is obligated to refund the State or the Federal Government arising out of the cc
of acii~ities and administration of the Municipality, The provisions ofthis indemnification (
sha!i survive the termination of this Agreement.
3.
PROGRAM BENEFICIARiES
Ail the beneficiaries of a project funded under this Agreement shall be low income households
whose househoid incomes are within 80% of the median income for the West Palm Beach _
Boca Raton Metropolitan Statistical A.rea adjusted by family size, as determined by HCD in its
soie discretion. The project funded under this Agreement shall assist beneficiaries as defined
above for the time period designated in this Agreement. The Municipality shali provide written
verification of compliance to HCD upon HCD's request.
4.
EVALUATION AND MONITOR!NG
The Municipality agrees that HCD will carry out periodic monitoring and evaluation activities
as determined necessary by HCD or the County and that payment, reimbursement, or the
continuation of this Agreement is dependent upon satisfactory evaluation conclusions based
on the terms of this Agreement. The Municipality agrees to furnish upon request to HCD, the
County, or the County's designees copies of transcriptions of such records and information as
is determined necessary by HCD orthe County. The Municipallty shall submit status reports
required under this Agreemen~ on forms approved by HCD, to enable HCD to evalua~e
progress. The Municipality shall information as requesTed by HCD to enable HCD to
complete reports required by County or HUD. The Municipality shall allow H~D, the
County, the State, or HUD to monitor the Municipality on site. Such visits may be scheduled
or unscheduled as determined by HCD, the State, or HUD.
:0. INSURANCE
Without waiving the right to sovereign immunity as provided by Florida Statute, CI
768.28, U"',e Municipality reserves the right to self-insure for General Liability and Autor
Liability under Florida's sovereign immunity statute with coverage limits of $:OO,OC
Person and $200,000 Per Occurrence; or such monetary waiver limits that may chan~
be set forth by the legislature. In the event the Municipality maintains Commercial 81
Liability or Business Auto Liability, the Municipality agrees to maintain said insurance Pi
at I:rnits not less than $100,000 Per Person and $200,000 Per Occurrence. The Munic
agrees to endorse Palm Beach Count'.' Board of Countv Commissioners as an "Add
insured" to the Commercial Genera! Liability, but only with respect to negligence othe
County's negligence arising out of this project or Agreement. This paragraph does not
to liability policies which afford only indemnity based claims~bill coverage.
5.
AUDiTS AND INSPECTIONS
At any time during normal business hours and as often as HCD, the County, U.S. HUD, orthe
Comptroller General of the United States may deem necessary, there shall be made available
by the Municipality to HCD, the County, U.S. HUD, orthe Comptroiler Generai for examination
all its records with respect to all matters covered by this Agreement.
If during the year, the Municipa!ity expends over $500,000 of Federal awards, the Municipality
shail comply with the provisions or OMB Circular A-133. The Municipality shall submit a single
audit, inciuding any management letter, made in accordance with the general program
requirements ofOMB Circulars A-110, A~122, A-133, and other applicable regulations within
the earlier of, 30 days after receipt of the auditor's report(s), or nine (9) months after the end
of the audit period in which HCD-administered funds are expended.
Page 5 of 36
Page 6 of 36
City of Boynton Beach
City of Boynton E
The Municipality agrees to maintain, or self-insure, Worker's Compensation & Employer's
insurance in accordance with Florida Statute, Chapter 440. The Municipality agrees
to or Certificate of Insurance, evidencing insurance or self-insurance for
the above required coverages, which the Municipality shall deliver to HCD at its office at 100
Australian Avenue. Suite 500, West Palm Beach, Florida 33406, The Municipality agrees its
self-insurance or insurance shall be primary as respects to any coverage afforded to or
maintained by County.
16. TERMINATION
In event of termination for any of the foliowing reasons, all finished or unfinished docUi
data studies, surveys, drawings, maps, models, photographs, reports prepared, and I
eq:..Jipment secured by the Municipality with funds under this Agreement shall be retur
HCD or the County.
1n the event of termination, the Municipality shall not be relieved of liability to the Cou
damages sustained by the County by virtue of any breach of the Agreement t
Municipality, and the County may withhold any payment to the Municipality for set-off pur
untii such time as the exact amount of damages due to the Couhty from the Municip
determined.
The Municipality agrees compliance with the foregoing insurance requirements is not intended
to nor cor.strued to relieve the Municipality of its liability and obligations under this Agreement.
1 i. MAINTENANCE OF EFFORT
The intent and of this Agreement is to increase the availability of the Municipality's
services. This is not to substitute for or replace existing or planned projects or
activities of the The Municipality agrees to maintain a level of activities and
or existing, for projects similar to those beina assisted under this
is not less than that leve! existing prior to this Agree;;ent.
(1) TERMINATiON FOR CAUSE
If through any cause either party shall fail to fulfill in a timely and proper man
obligations under this Agreement, or if either party shall violate any of the cove
agreements, or stipulations of this Agreement, either party shall thereupon ha
right to terminate this Agreement in whole or part by giving a fifteen (15) workir
written notice of such termination to the other party and specifying therein Jhe efi
date of termination.
12. CONFLICT OF iNTEREST
The Municipality covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the Municipality. Any possible conflict of
interest on the part of the Municipality or its employees shaii be disclosed in writing to HCD
provided, that this paragraph shall be interpreted in such a manner so as not to
the statutory requirement that maximum opportunity be provided for
participation of low and moderate-income residents of the project area.
(2) TERM;NATION DUE TO CESSATION
in the event the grantto the County under the Contract is suspended orterminatE
Agreement shall be suspended or terminated effective on the date the Sate SpE
17. SEVERABiLITY OF PROVISIONS
If any prevision of this Agreement is held invalid, the remainder of this Agreement shall
affected if such remainder would then continue to conform to the term
requirements law.
13. CmZEN PARTiCIPATION
The Municipalitj shall cooperate with HCD in the implementation of the Citizen Participation
Plan by establishing a citizen participation process to keep residents informed of the activities
the Municipaiity is undertaking in carrying out the provisions of this Agreement.
Representatives of the Municipality shall attend meetings and assist HCD in the
implementation ofthe Citizen Participation Plan, as requested by HCD.
i8. AMENDMENTS
The County may, at its discretion, amend this Agreement to conform with changes requi
Federa!, State, County, orU.S. HUD guidelines, directives, and objectives. Such amend
shall be incorporated by written amendment as a part of this Agreement and shall be s
to approval of the Palm Beach County Board of County Commissioners. Except as oth,
provided no amendment to this Agreement shall be binding on either party unl
by the Board of County Commissioners and the governing body
and signed by both parties.
14. RECOGNITiON
All facilities pLirchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The Municipality will include a reference to the financial support herein
provided by HCD in all publications and publicity. In addition, the Municipalitywill make a good
faith effort to recognize HCD's support for all activities made possible with funds made
available under this Agreement.
19. NOTiCES
All notices required to be given under this Agreement shall be sufficient when deiivered t(
at its office at iOO Australian Avenue, Suite 500, West Palm Beach, Florida 33406, and
Municipality when delivered to its address on page one (1) of this Agreement.
15. AGREEMENT DOCUMENTS
The following documents are herein incorporated by reference and made a part hereof, and
shall constitute and be referred to as the Agreement; and ail of said documents taken as a
whole constitute the Agreement between the parties hereto and are as fully a part of the
Agreement as if they were set forth verbatim and at length herein:
(1) This Agreement, including its Exhibits;
(2) Office of Management and Budget Circulars A-8?, A-102,A-133, and 24CFR
Part 85;
(3) Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Title 11
of the Americans with Disabilities Act of 1990'
(4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act, and Section 3 of
the Housing and Community Development Act of 1968, and the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended;
(5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988, and Section 109
of the Housing and Community Development Act of 1974, as amended;
(6) Florida Statutes, Chapter 112;
(7) Palm Beach County Purchasing Code;
(8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as
amended;
The Municipality's personnel policies and job descriptions; and
The Municipality's Certificate of Insurance.
Contract number 07DB-3V-10-60-01-Z07 between Palm Beach County and t~e State
of Florida, Department of Community Affairs.
All of these documents wiil be maintained on file at HCD. The Municipality shall keep an
01' t~,is Agreement, including its Exhibits, and all amendments thereto, on fife at its
office.
20. INDEPENDENT AGENT AND EMPLOYEES
The Municipality agrees that, in all matters relating to this Agreement, it will be acting
independent agent and that its employees are not Palm Beach County employees and a
subject to the County provisions of the law applicable to County employees reiative to en
ment, hours of work, rates of compensation, leave, unemployment compensatiof
employee benefits.
21. NO FORFEiTURE
The rights of the County under this Agreement shall be cumulative and failure on the ~
the County to exercise promptly any rights given hereunder shall not operate to forfeit or
any of the said rights.
22. PUBliC ENTiTY CRiMES
As provided in F.S. 287.133 by entering into this Agreement or performing any WI
furtherance hereor, the Municipality certifies that it, its affiliates, suppliers, subcontractor
consultants who will perform hereunder, have not tJeen placed on the convicted vend
maintained by the State of Florida Department of Management Services within the 36 m
immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a).
23. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of llifdv4tBre-e'-(33) enumerated pages which include the e)c
referenced herein, shall be executed in three (3) counterparts, each of which shall be de
to be an original, and such counterparts will constitute one and the same instrument. A
of this Agreement shaH be filed with the Clerk of the Circuit Court in and for Palm E
County.
Page 7 of 36
Page 8 of 36
City of Boynton Beach
24. ENTJRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties
hereto and constitutes the entire understanding. The parties hereby acknowiedge that there
have been and are no representations, warranties, covenants, or undertakings other than those
expressly set forth herein
WiTNESS our Hands and Seals on this _ day of
(M0NICIPALlTY SEAl.. BELOW)
Approved as to Form and
Legai Sufficiency
By:
Tammy K. Fields
Senior Assistant County Attorney
.20_.
CITY OF BOYNTON BEACH
BY:
Jerry Taylor, Mayor
By:
Janet M. Prainito, City Clerk
PALM BEACH COUNTY, FLORIDA, a
pomical Subdivision of the State of Florida
FOR ITS BOARD OF COUNTY COMMISSIONERS
By:
Robert Weisman, County Administrator
Approved as to Terms and Conditions
Dert. of Housing and Community Development
By:
S:\Ceplmprv\2005DisasterRecoverylnitiativeIRehabPrograms\8oyntonBeach\Jl..gmtMuni.wpd
Amin Haury, Manager
Housing and Capital Improvements
Page 9 of 36
City of Boynton I
EXHIBIT A
WORK PROGRAM NARRATIVE
THE MUNICIPALITY AGREES TO:
A.
OVERVIEW:
The purpose of this Agreement is to make funds available to the Municipality under thE
of Florida funded 2005 Disaster Recovery Initiative Program to enabie the Municip'
imp\ement a housing rehabiiitation program ("RehabBitation Program") and a hi
replacement program ("Replacement Program") in conjunction with which it may r:
technical and financial assistance to qualified low income property owners (as defined r
who reside detached one structures (entirely used for residential purpose
located within its municipal Assistance under these programs shall be pn
in order to either upgrade (rehabilitate) these structures to meet applicable housir
building codes and in order to effectuate repairs of damages caused by Hurricane Wil
to replace structures that were severely damaged by Hurricane Wilma with newly consl
ones that meet appiicable housing and building codes. Rehabilitation work on these Prol
may for example include roofing, electrical, plumbing, structurai repairs, painting,
windows, and hurricane protection, provided that these repairs are practical and feasib!1
1\1unicipaiity plans to provide rehabilitation assistance to thirty-seven (37) households
pi'ovide replacement housing assistance to three (3) households. The final number of i
addressed with funding made available under t~is Agreement shall depend on the actu
oT undertaken projects, and therefore may vary from the two above stated numbers.
8.
REGULATORY STANDARDS:
The regulatory standards applicable to the activities undertaken in connection wi'
Agreement shall include but not be limited to the ones listed below, and those enum
elsewhere in this Agreement. Palm Beach County's failure 10 list verbatim or make refE
to a n::igulation, statute, ordinance, reference, or any other document affecting the Munic
shall not relieve the Municipality of compliance with any applicable regulation, s
ordinance, or any other document not listed below. The County reserJes the right, but r
obligation, to inform the Municipality of any such applicable regulation, statute, ordinar
any other document, and to require the Municipality to comply with the same.
HUD: U. S. Department of Housing and Urban Development regulations (24 CFR Par
HUD: U. S. Department of Housing and Urban Development regulations (24 CFR Pari
HUD: HUD Guidelines for the Evaluation and Control of lead Hazards in Housing.
TiTLE X: Title X - Residentiaj Lead-Based Paint Hazard Reduction Act of 1992.
EPA: U.S. Environment Protection Agency regulations (40 CFR Part 745).
EPA: U.S. Environment Protection Agency regulations (40 CFR Part 61).
OSHA: Occupationai Safety and Health Administration regulations (29 CFR Part 192E
PSC: Palm Beach County Purchasing Ordinance.
The recognizes and understands that the applicable regulations, stc
ordinances, other applicable documents may be amended from time to time dur'
term of this Agreement. The Municipality agrees to abide by all such amendments as r
to the activities undertaken in connection with this Agreement, and as determined by ~
The Municipaiity recognizes and understands that during the term of this Agreemen
regulations, statutes, ordinances, and other applicable documents may be issued that
the activities undertaken in connection with this Agreement. The Municipality agrees to
ail such new regulations, statutes, ordinances, and other applicable documer
by HCD.
Shouid, after the execution of this Agreement, it be discovered that requirements conCI
certain activities to be undertaken in connection with the Agreement are absent, the ~
agree to abide the decision of the State on such requirements. In the instance ih
State elects provide a decision on an absent requirement, or allows for a local (
in the matter, the parties agree that all requirements pertaining to any such matter shal
the discretion of the County.
C
PROGRAM ADMINISTRATOR:
The Municipality shall designate an employee of the Municipality to be the "Pr<
Administrator" in connection with projects undertaken under this Agreement and notifj.
of the if such Program Administrator. The Program Administrator shall act,
person between HCD staff and persons designated by the Municipality
if": implementing projects undertaken under this Agreement. In addition to chan
communication from and to HCD and the Municipailty, and from and to HCD and the,
described designated persons, the Program Administrator shall review all materials an
submitted by the Municipality to HCD in connection with this Agreement, and shall t
Page100f 36
City of Boynton Beach
City of Boynton I
recipient of all materials and files provided by HCD to the Municipality. The Program
/\dministrator shall track and maintain awareness of the status and progress of all undertaken
projects and submit the reports required hereunder.
The Municipality shall develop, publish to its residents, and use its own selection metl
applicants to be funded under this Agreement, provided that such method is fair and eql
and provided that it does not in any manner violate any of the provisions contained
Agreement.
D.
PROGRAM iNSPECTOR:
The Municipality shall employ one or more "Inspector" (also referred to by the Municipality as
Construction Coordinator) in connection with this Agreement. The Inspector shaii be able to
carry out the tasks described in this Agreement and be able to demonstrate the qualifications
tf-Iat enable him/her to do so. The Inspector shall at minimum perform inspections of residential
structures for with housing and building codes, determine the feasibility of
undertaking prepare construction specifications and cost estimates, review
construction bids, inspect rehabilitation constructio:1 work in progress, and review and approve
contractor requests. The Inspector shall be able to review lead-based paint
risk assessment reports and determine the actions to be taken to comply with
maintain inspection records and reports, prepare change
orders, initiate letters and conduct necessary correspondence.
G. THE APPLICATION PROCESS:
The Municipality shall invite each selected applicant to submit a written, signed. and
application (for the purposes of this Agreement, all owners of a property
rehabilitated/replaced who reside at such property shall be regarded as applicant
"applicant" as referred to herein shall also mean the plura! term "applicants"). The Munil
shall advise the applicant of its programs' objectives and explain the type of work undE
under each. Applicants to the Rehabilitation Program shall be advised that the ~
purpose of the Rehabilitation Program is to address pmperty. deficiencies to the
practicabie and feasible to meet applicable housing and building code standards
effectuate repairs of damages caused by Hurricane Wilma. Applicants to the Replac
Program shall be advised that the purpose of the Replacement Program is to r
structures that were severely damaged by Hurricane Wilma with newly constructed on
meet applicable housing and building codes.
If the Municipality wishes to request HCD for reimbursement of that portion of an Inspector's
(Construction Coordinator) salary which is attributable to work done in connection with this
Agreement, then the Municipality shall provide HCD the following as a pre-requisite to its
reimbursement request for each Inspector:
- Documentation showing that the position oftha Inspector (if such.position was filled as a new
positior: as a result of this Agreement) was competitively solicited prior to the Inspector's
appointment to the and showing that the opening for this position was advertised in
a other prospective applicants.
inspector of his/her appointment to this position.
- Documentation showing annual or hourly salary paid for the position of Inspector.
- Personnel policy reiating to vacation and sick leave.
Applicants shall be advised of program requirements to recel've assistance and thE
involved in the rehabilitation and replacement process and their role in it. Applicants sh,
be informed of the financing arrangements available under the Program.
When requesting reimbursement for each Inspector's work hours in connection with this
Agreement, the Municipality shall submit the following:
- With each reimbursement request a copy of the daily time sheets which account for all time
worked Inspector on all assignments. These time sheets must be detailed enough to
staff to distinguish between hours worked on rehabiJitation projects being pursued
in connection with this Agreement and other hours worked by the Inspector. The time sheets
must also show tr.e specific tasks undertaken by the Inspector on such projects as well as the
~ime taken to complete each task. The Municipality shall ensure that time is kept to regular
nours as much as possible and shall ensure that no excessive overtime is spent on these
projects.
- With each reimbursement request, copies of the payrol1s and paychecks to the inspector
co'responding to the above time sheets, as well as copies of documents proving that FICA was
paid for the period corresponding to the one for which the reimbursement is being claimed.
The application shall solicit information about the applicant such as:
- Name and any other household members residing at the property (w
related owner or not) and relationship to property owner(s) as well as (
telephone ~umbers.
- Address of the property, legal description and the Property Control Number.
- Social security numbers, dates of birth of applicant(s) and ages of household membl
- Employment information on all household members.
- All other income for the household including: wages, saiaries, bonuses, pensions,
security, disability, unemployment, self employment, rental income, interest, dividends,
assistance, alimony, child support, and income derived from assets.
- A listing of all assets owned by the applicant(s; and their associated value.
- 1nformation about any mortgages on the property.
- Insurance information including name of insurer, agent, address, policy number, an<
amount, and dates of coverage.
E.
PROGRAM ADVISOR:
The Municipality shan employ one or more staff persons who in combination shall perform the
duties of an "Advisor" as contained in this Agreement. For the purpose of this Agreement the
Municipality shail employ an Affordable Housing Administrator and an Administrative Secretary
who together shall periorm the duties of the Advisor. The Advisor shall be able to carr; out the
tasks described in this Agreement and be able to demonstrate the qualifications that enable
him/her to do so. The Advisor shall at minimum perform a variety of program implementation
tasks including the paliicipant application process, the applicant eligibility determination
process, financial underwriting, project closings, and expenditure tracking and reconciliation
in conjunction with acc,epting an application from a selected applicant, each such apl
shall be asked to submlt documentation in suppoti of the application such as copies of:
mortgage(s), pay stubs, d~iver's license, social security card, death certificates, the la
tax ret.urn.(iast two returns for self-employed persons), and copies of insurance policie~
Munic:pality shall obtain from the applicant for the applicant's file a copy of the driver's Ii
orother picture identification document for each adult household member of the applica!
shall obtain a copy of the social security card fcr each household member.
At the time of application submission, a prelimina:y review shall be made of the inforr
provided and the applicant shall be requested to sign certain pertinent release forrY
enable the Municipality to verify information in the application with outside parties. Othe
forms shall also be signed by the applicant at later times as the need arises in the proc
reviewing the application. These release forms for example include: employment verifi(
social security benefits verification, and pension verification.
If the Municipality wishes to request HCD for reimbursement of that potiion of its Affordable
Housing: Administrator's salary and its Administrative Secretary's salary which is attributable
to work done in connection with this Agreement, then the Municipality shall first provide HCD
the pre-requisites for each in like manner as those listed above for an Inspector, and then
provide the time sheets and payroll documents for each in like manner as those listed above
for an inspector.
In order to avoid any duplication of benefits, applicants shall be asked to provide ~
certifications regarding the receipt of any insurance, SBA, or FEMA payments for dama
the property resulting from Hurricane Wilma. . The Municipality shall devise a certificatio
to be used by each applicant to certify whether or not the applicant received any inSl
payments (which certification form shaH be placed in the applicant's file). In addition
app!1c~nt shall be required to sign a release form to be submitted to FEMA (provided
as ExhIbit 8) for the purpose of verifying the receipt of any FEMA payments in connectic
damages resulting from Hurricane Wilma. The Municipality shall fax this release form to
witn a request for information, regardless of whether the applicant applied for, or receive
FEMA assistance, and place FEMA's response in the applicant's file. The County shali p
the MunicipaJity with FEMA contact information at a later date. Furthermore, the Munic
shaJl verify whether the applicant received any assistance from the United States
Business Administration (SBA) by verifying the presence of the applicant's name on a
SBA recipients to be provided by the County to the Municipality at a later date. The A
shall complete, sign and place a form in the applicant's file indicating whether the app!i
name appears an SBA's list.
F.
OUTREACH AND APPLICANT SELECTION:
The Municipality's outreach effort in publicizing the housing rehabilitation program and the
housing replacement program being undertaken in connection with this Agreement shall
include newspaper announcements, newsletters to neighborhood associations, non-profts,
churches, childcare centers, and schools.
Page 11 of 36
Page 12 of 36
City of Boynton Beach
City of Boynton I
Attime of application, the Municipality shall estabiish whether the applicant's property suffered
damages from Hurricane Wilma. As a condition for receiving assistance, each applicant must
be documented as having had damage to their home from Hurricane Wilma by means of:
- a certification from the Municipality, or
- a copy of a FEMA verification/claim, or
- an insurance claim, or
- an affidavit from the applicant that is attested by the Municipality.
The Municipality shall proceed with processing projects that are deemed feasible. For p
built before January 1, 1978, that are feasible, the Municipality shall obtain a lead-base
inspection/risk assessment report as specified below.
At time of application, the Municipality shall provide each applicant under the Rehabilitation
Program with a lead hazard information pamphlet entitled "Protect Your Family From Lead In
Your Home", informing applicants of the potential risk of lead hazard exposure from renovation
activity that may be performed in their homes, and the Municipality shall obtain from the
applicant a signed receipt indicating that the applicant has received the stated pamphlet which
receipt shail be placed in the appJ1cant's file.
At the time of application intake or at any time thereafter during contact with an applic8
hO<.lseho!d member of the applicant, if the Advisor finds out about a disability of the ap
or a household member of the applicant, the Advisor shall inform the Municipality's Ins
of such finding. Alternatively, the lnspector may find out about such a disability ba~
contact with an applicant or a household member. After determining that a project is fe
and in conjunction with preparing a work write-up for a project, the Inspector shall obi
affidavit from the applicant regarding tile disability (if the disability affects a household m
who:s nota minor, either that person orthe applicant may provide the affidavit). The Ins
rr:ay use a general affidavit form for this purpose, The affidavit must identify the perse
the disability, it must describe the disability to the affiant's best knowledge, and it must dE
the remedies proposed by the affiant to accommodate the disability that can be unde
through the Rehabilitation Program. The Municipanty is encouraged to suggest the inc
of remedies that can be undertaken by the Rehabilitation Program that comE
in contact with the applicant, with household members, or while inspecti
property. The Municioalitv is cautioned not to omit anv information the affiant wishes te
the affidavit.
In conjunction with accepting an app!ication from a selected applicant underthe Rehabilitation
Program, the Municipality shall determine and document the "year built" of the applicant's
home. The source to be used for built" information sha!1 be the Palm Beach County
Property Appraiser whose may be accessed through the internet at
httD:/i'J\/Ww.co.oalm.beacn.fl.us/oaoa/index.htm. The Municipality shall obtain a print out of the
"year built" information and place it in the file for each applicant.
H.
THE REHABILITATION PROGRAM
The original affidavit must be placed in the applicant's file, and a copy must be presentE
the workwrite.up when that is submitted to HCD for approval before bidding as required
HCD shalt examine the contents of the affidavit to determine if the work write. up has suffi
addressed the accommodations needed. and consult with the County Attorney's OffiCE
necessary to achieve appropriate accommodation.
Hi THE iNiTIAL INSPECTION PROCESS:
The Ir;spector shall periorm an inspection of the property proposed for rehabilitation for the
purpose or assessing the conditions of the property and to determine if rehabilitation is
necessary and feasible. If the Inspector determines that the property did not sustain any
damages from Hurricane Wilma, then the Municipality shall reject the application for assistance
by. providing the appJicantwritten notice of such determination. If the Inspector determines that
the property did sustain damages from Hun.icane Wilma (as supported by the documentation
mentioned above), then the Inspector shall determine if the repair of such damages as well as
the work needed to address all housing and building code violations is feasible within the
fundir.g limits of the Rehabilitation Program.
in this regard, the Municipality is reminded that in addition to physical impairments th,
be encountered, disabilities may also include impairments, mental impairr
and ernotional impairments that might come to its During its discussions w
applicant or a household member of the applicant, the Municipality shall inquire: a)
disability is expected to be of long, continued, and indefinite duration, b) if the dj~
substantially impedes the person's ability to live independently, and c) if the disabled pE
ability to live independently can be improved by more suitable housing conditions
Municipality shall inform the applicant that disclosure of a disability wHl in no way affe
application for assistance.
In making this determination special attention shall be given to un-permitted additions and un-
permitted enclosures. Un-permitted additions and un-pennitted enclosures that can be
practically improved as part of the rehabilitation process, and within the funding limits, may be
~ndertaken. Un-permitted additions and un-permitted enclosures that cannot be practically
Improved as part of the rehabilitation process, and within the funding limits, shall be removed
in conjunction with the rehabi!itation process.
H2. THE VERIFiCAT10N PROCESS:
During this process, the Advisor shall verify the information provided by the applicar
outside parties, and obtain additional information that is necessary in reaching a decis
whether to proceed with the project or not.
Rehabjjjtation shall be deemed "feasible" when the cost af complying with the requirements of
;.he. Rehabilitation Program as specified in this Agreement can be achieved within the funding
limits esrablished forthe Rehabilitation Program. That is, the cost of meeting the requirements
of applicable code standards, hurricane damage repairs, lead-based paint remediation,
hurricane etc. In the event that the cost of complying with the requirements of the
Program exceeds the funding limits established for this RehabHitation Program,
rehabilitation may still be deemed "feasible" if the sum of the amount funded through this
Rehabilitation Program as specified in this Agreement plus amounts funded by the applicant
(such as SBA/FEMA insurance proceeds, or the applicant's personal funds) are
sufficient to meet the with the requirements of the Rehabilitation Program.
The verification process shall include:
In this regard, after considering the amount of funding per applicant as allowed by this
Agreement, and any SBAlFEMA payments and insurance proceeds, the Advisor shall discuss
the anticipated costs with the applicant, and explore the possibility and potential of the
applicant provIding the gap in funds needed for the project. As part of this discussion, the
Advisor shall not only consider the rehabilitatior. cost estimate provided by the inspector, but
also other associated costs such as mortgage recording fees and termite treatment costs.
Pursuant to thiS discussion, the Municipality shall then reach a decision whether to further
pursue the project based on the ability of the applicant to fund the aforesaid gap from the
applicant's resources orfrom a lender. Upon determining that a project cannot be undertaken
based on the above (that is, the project is not feasible), the Municipality shall issue the
an rejection fetter in which it shall provide the reason for the rejection.
rejected project, the Inspector sha!! prepare a cost estimate to be maintained
in the applicant's file to support such a determination. Moreover, projects costing $2,000 or
less shall not be considered under the Rehabilitation Program.
(a) INCOME VERIFICATION: The Municipality shaH obtain written income verifica
the applicant's household in order to establish eligibility under the Rehabil
Program. A household is defined as: "All persons who occupy a housing unit
occupants may be a single famiIy, one person living alone, two or more families
together, or any other group of related or unrelated persons who share
arrangements (24CFR Part 570)". A household shall be regarded as being elig
receive assistance under the Rehabilitation Program if the projected prevailing I
household annual income received from ail sources by household size is at or
80% of the applicable median family income for the West Palm Beach-Boca
Metropolitan Statistical Area. The current median income and schedule of qua
incomes by household size shall be as revised and published in the Federal RE
by HUD from time to time. The household annual income information to be us
eJlglbiiity determination under the Rehabilitation Program shall be that in effect I
date funding is approved for each applicant.
Annual income of all househoid members shall be determjned according to thE
SectiOjl 8 method. In this regard, it should be noted that the HUD Section 8 m
of computing income in part takes into account income from assets (actuc
imputed, as applicable).
Income shaH be verified through use of verification forms signed by the per
household member authorizing verification by the source of income or by obt
documentation produced by a third party that establishes income infonr
Verification forms may include forms such as:
- employment verification
. unemployment benefit verification
Page 13 of 36
Page 14 of 36
City of Boynton Beach
City of Boynton I
- pension benefit verification
- social security benefit verification
- disability benefit verification
- veteran's benefit verification
- verification of benefits administered by HRS
- interest income verification
The applicant shall also provide copies of all insurance claims, insurance settle
and insurance payments received in connection with damages to the propert~
Municipality shall obtain from the applicant an affidavit in connection with all insl
funds received by the applicant for damages to the property. If the applicant,
receive any insurance funds for damages to the property, then the Municipalii
obtain from the applicant an affidavit to that effect to be placed in the applican
Each income earning household member must provide a signed copy of their last IRS
,eturn including attachments (last 2 returns for a self-employed person). It is recognized
that IRS rules do not require the filing of a return if a person's income for example is
helow a certain amount as established by the IRS and revised from time to time. In
such instance where an income-earning household member does not fiie a return, a
notation sha!! be so indicated on the application form.
(f) ENVIRONMENTAL REVlEW: The Municipality shail complete an Environ
Review Checklist Request form, provided herein as Exhibit C, for each
proposed for rehabilitation and shall submit such form to HCD. The
place the Environmental Review Checklist provided to it by HCD in responsl
reauest in the applicant's file, and shaH comply with all matters brought to its at
by HCD as a precondition to proceeding with the project.
for each adult household member who does not earn
such household member indicating that no income
(g) LEAD-BASED PAINT VERIFiCATION: All dwelling units built before January 1
shall be inspected for the presence of lead-based paint as required by applicabl,
based painl regulations. The Municipality shall retain the services of an EPA c<
iead-based paint inspector, wnc is also an EPA certified lead-based paint risk as
tc perform a surface-by-surface investigation (of all interior and exterior p,
s!ained, varnished or shellacked suliaces, regardless of whether or not such SL
will be disturbed in the course of rehabilitation) in order to determine the presE
lead-based paint, and shall submit to HCD a report containing the results
inspection and risk assessment. The report shail identify surfaces containin~
based paint which are in a stable condition (regarded not to constitute a hazan
surfaces which contain lead-based paint and which are deteriorated or subjel
friction or impact (regarded to constitute a hazard). The findings of the report s
'Jsed by the fl..lunicipa!ity in preparing the work items intended to accomplish lead-
paint remediation, and shall be used for the preparation and provision of the
based .Paint Notice of Evaluation and/or Presumption as required by app
regulations.
The
In the course of establishing and verifying household income for each applicant, the
Municipality shali reconcile annual income information with annual household expenses
reported by the applicant or determined by the Municipality. While reviewing this
income and expense data, the Municipality shall examine such data fer consistency
a!iowing for reasonable living expenses of the household (such as food, clothing, and
transportation). Wllere annual obligations and other household expenses (such as
mortgage payments, car loans, utilities, and real estate taxes) appear to constitute
substantia! portions of household income not allowing room for reasonable living
expenses, the Municipality shall further investigate annual income and expense
information with the applicant in order to resolve unreconciled differences between
both. If resolution of such matters cannot be reached to the satisfaction of HCD, the
applicant's request for assistance may be suspended until satisfactorily resolved orelse
may be rejected.
The services of the lead-based paint inspector/risk 8ssessor retained t
~,;]unicipallty shall be procured in accofd with the requirements of this Agreemer
Municipality' wishes to be reimbursed by the County for the cost of these servic
such instance, the Municipa!ity sha!l submit its request for proposals for con:
services package to HCD and obtain a letter of approval prior to soliciting pro~
and the Municipality shall obtain HCD approval prior to awarding the contract for
consultant services. (It is suggested that the above services also include the cleo
testing services mentioned below)
(b) TITLE VERIFiCATION: The Municipality shall place in the file for each applicant copies
of documents that show that the title of record to the property proposed for
rehabilitation is held by the applicant (such as a deed or court order). (Tax records shall
not constitute adequate proof in this regard). (Documents showing that the applicant
holds a life estate in the property shall be acceptable).
The Municipality shall assure that the applicant owned the property proposed for
rehabilitation at the time of Hurricane WHma on October 24, 2005. Jf the applicant is
not able to demonstrate compliance with this requirement, the Municipality shall reject
the applicant from participation in the Rehabilitation Program in writing. A copy of the
rejection letter shall be maintained in the applicant's file.
The Municipality shall pay the lead~based paint inspector/risk assessor for the
mentioned reports and clearance testing services as approved by HCD, and n:
HCD for reimbursement of such costs. The County shall reimburse the Municipe
such costs as provided in this Agreement.
(c) RE,A,L ESTATE TAX VERIFICATION: The Municipality shall place in the file for each
applicant copies of documents that show that the real estate taxes for the property
proposed for rehabilitation have been paid in full.
H3. THE WORK WRITE-UP PREPAR.~TION PROCESS:
If upon review of the information verified through the preceding process the applicant a~
to be qualified, a work write-up shall be prepared by the Inspectorforthe rehabilitation p
The work write~up shall contains a detailed list of construction specifications the execu
which wW correct the deficiencies at the property and will upgrade the property to the
practicabie and feasible to applicable housing and building code standards (including th(
Section 8 Housing Quality Standards). The work write-up shall also contain items to ae
lead-based paint remediation, hurricane protection, energy efficiency and conser\
removal of architectural barriers, correction of damages caused by Hurricane Wilma, af
requirements emanating from the environmental review
(d) I\!:ORTGAGEVERIFICATION: in orderto avoid funding an applicantwtlo has mortgage
obligations that are delinquent and that may lead to foreclosure and eventual loss of
the property proposed for rehabilitation, the Municipality shall verify with the mortgagee
that mortgage payments are current. Applicants, determined to have delinquent
mortgage payments or who are in foreclosure shall be rejected by the Municipality in
writing after having given the applicant a reasonable period of time to correct these
conditions. Copies of rejection letters shall be maintained in the applicant's file.
However, if the property is in a fiood zone "A" or flood zone "V", the applicant shall be
required to maintain flood insurance on the property and the Municipality shail, before
closing, maintain documentation evidencing such insurance coverage in the applicant's
file. Such coverage shall be at least equal to the sum of the anticipated mortgage
encumbrance against the property resulting from this Rehabilitation Program and the
balance of all other senior mortgage encumbrances against the property.
(a) CODE RELATED ITEMS: Tllese are work item that are intended to correct
violations, that is the correction of deficiencies at the property which are
compliance with applicable housing and building code standards (including thE
Section 8 Housing Quality Standards). These items may also include complianc
any historic preservation requirements applicable to the property.
(e) INSURANCE VERIFiCATION: The Municipality shall document that the applicant, at
minimum, maintains homeowner insurance on the property proposed for rehabilitation.
(b) HURRICANE PROTECTiON lTEMS: The work write-up shall include work iterr
address hurricane protection as required by code. Additional hurricane prot
measures not required by code may be included in the work write-up to the I
practicable and feasible.
Page 15 of 36
Page 16 of 36
City of Boynton Beach
(c) HOMEOWNER ASSOCIATION REQUIREMENTS: Should the work write-up contain
items that are also regulated by a homeowner association, then the work write~up shall
address the requirements of the homeowner association for such items only, such as
complying with color or style requirements for exterior building components, and
obtaining homeowner association approval of building materials or exterior building
components. In such instances the work write-up shall require the contractor to submit
such for approval by the homeowner association prior to the commencement of the
work.
(d) DISABILITY ACCOMMODATIONS: In the event that an applicant and/or a household
member has a disability that comes to the attention of the Municipality, an affidavit shall
be obtained from the applicantihousehold member which contains remedies proposed
by the affiant to accommodate the disability that can be undertaken through the
Rehabilitation Program as pre\liously described. When the disability is expected to be
of long, continued, and indefinite duration, and if the disability substantially impedes the
person's ability to live independently, and if the disabled person's ability to live
independently can be improved by more suitabie housing conditions, then the work
write-up shall include such work items (remedies proposed by the affiant) that wouid
accommodate 1he disability and that can be undertaken through the Rehabilitation
Program.
(e) REHABiLITATION/DEMOliTION OF UN-PERMITTED ENCLOSURES AND
ADDITIONS: The work write-up shall provide for the improvement of existing un-
permitted additions and enclosures such that they comply with applicable codes jf
feasible and practical, and within the funding limits, Un-permitted additions and
enclosures that are not feasible or practical to improve as part of the rehabilitation
process, and within the funding limits, shall be demolished. Mortgagee/lien-holder
consent to demolish shall be obtained when there are mortgages/iiens on the property.
(f) LEAD-BASED PAINT REMEDIATION: If the lead-based paint inspection/risk
assessment report reveals the presence of lead-based paint at the property (or if such
report leads to a presumption O"r the presence lead-based paint at the property), then
the work write-up shall include a disclosure (and warning) as follows:
- A disclosure of the building components, materials, and surfaces that have been
found to contain .Iead~based paint or are presumed to contain lead-based paint, and
tnat wili remain althe property during and after the rehabilitation project, and a warning
rothe contractor, all subcontractors, and all their employees and workers, not to disturb
any of these building components, materials, and surfaces in any manner, shape, or
form
- A disclosure of the building components, materials, and surfaces that have been
found to contain lead-based paint or are presumed to contain lead-based paint, and
that will be abated by qualified persons in connection with the rehabilitation project, and
a warning to the contractor, all subcontractors, and all their employees and workers,
except Tor persons qualified to do so, not to disturb any of these building components,
materials, and surfaces in any manner, shape, or form,
-A disclosure of the dust lead hazards found at the property that will be remediated by
qualified persons in connection with the rehabilitation project.
- .A diSClosure of the soil lead hazards found at the property that will be remediated by
qualified persons in connection with the rehabilitation pmject.
The work write-up shall include items that achieve the remediation of surfaces which
contain lead-based paint and which are expected to be disturbed during the process
of rehabilitation construction, as well as items that achieve the remediation of surfaces
which contain iead-based paint and are deteriorated or subjected to friction or impact
and regarded to constitute a hazard, as well as items that address the remediation of
dust and soil lead hazards. .Lead-based paint remediation shall be undertaken using
the "abatement" method which shall be performed by appropriately certified persons.
The work write-up may also include items that achieve the remediation of surfaces
which contain lead-based paint which are in a stable condition (regarded not to
constitute a hazard) at the Municipality's option. The inclusion of such optional items
may b.e intended to achieve a lead free house, or where the house is permanently
occupied by at least one child iess than six (6) years aid.
The work write-up for abatement shall specify the scope of the hazard reduction
activity, the lead hazard reduction duration, the status, and. length in days, of occupant
temporary relocation, the compliance requirements, the qualifications to perform the
w.ork, ana shall require an occupant protection plan, clearance testing, and an
soatement report.
Page 17 of 36
City of Boynton E
(g)
ASBESTOS CONTAINING MATERIALS: Should the Inspector, while preparil
work encounter suspect asbestos containing materials, such as tr
siding, the Inspector encounter a current or prior non-residential use
property (the house and its surrounding site), then the Inspector shaH inform H
such observation. HCD shaH then cooperate with the Municipality to obt~
asbestos survey of the property in order to determine the presence of ast
containing materials, vv'hich if found, shall be addressed in accord with appl
regulations. Each work write-up submitted to HCD shall be accompanied
certification from the Inspector who prepared the work write-up indicating whet
not there is any evidence of a current or prior non-residential use of the proper
(h)
ENViRONMENTAL REVIEW: The Municipality shaH assure that there a
environmental or historic considerations that would Dreven! the rehabilitation
property, and shall include in the work write-up ali environmental and h
requirements that may be addressed through the construction process.
Ii)
APPliCANTS WORK WRITE-UP REVIEW AND APPROVAL: The Insoecto
review the completed work 'Nrite-up with the applicant who shall sign a'revie'
approval statement indicating:
~ That the work write-up has been reviewed with the applicant.
- That the applicant understands the scope of work and the specifications of thE
to be performed on the applicant's property.
- The applicant's agreement that no changes to the work write-up specificatiol
occur except for items needed to meet housing or building code requirements.
- The applicant's authorization allowing the Municipality to obtain bids for thE:
contained in the work write-up.
OJ
HCD WORK WRITE. UP APPROVAL AND IN.HOUSE COST ESTIMATE:
completed wo:-k write-up signed by the applicant shall be maintained in the appii
file. The Municipality shall provide HCD, for HeD's approval before bidding, a c
such work write-up initialed by the Inspector and showing the Inspector's in-hous~
estimate for each item in the work write-up. The work write-up shall be aCGomf=
by a copy of the lead-based paint inspection/risk assessment report, a copy
aforesaid asbestos certification as prepared by the Inspector, as welf as copies I
disability affidavits. HCD shall advise the Municipality of its determination canCl
its review of the work write-up within ten (10) working days of its receipt.
H4. BiDDiNG AND BID EVALUATiON:
Bids for the work detailed in the work write-up shall be solicited by the Municipalit)
contractors on a list of bidders established by the Municipality. The Municipality
determine the requirements (such as licensing and insurance requirements) to be met b)
contractors for admission to the list of bidders. For projects requiring lead-based
abatement, the rehabilitation contractor submitting a bid must be, or must hire, a certified
based paint abatement contractor as a subcontractor.
The bid documents to be used for this purpose shail include the address, property owne
property owner contact information for the property to be rehabilitated, shall require bidd
visit the property, and shall specify the location, date, and time by which bids mL
submitted. The bid documents shall specify the number of days after bid opening tha
are to remain valid. The bid documents shall contain provisions for addrE
inconsistencies, interpretations, and supplementa! instructions, as well as provisions f,
modification, withdrawal, rejection, and award of bids. The bid documents shall conta
warranty and release of liens requirements as well as the insurance requirements for bo
contractor and the lead-based paint abatement contractor (or subcontractor). Th
documents shaH contain the Federal requirements applicable to projects funded undl
Rehabilitation Program.
For projects requiring lead-based paint abatement, the bid documents shaH specify th
Rehabilitation Program shall payforthe first clearance test to be undertaken in connectio
the abatement for a project, and shall specify that the contractor shall be responsible f,
cost of all subsequent clearance tests to be obtained by the Municipality for that project
bid documents snail indicate that the cost ofaJl clearance tests obtained bv the Munic
and required for a project after the initial clearance test, shall be deducted fror:n the contra
payment.
Page 18 of 36
City of Boynton Beach
City of Boynton
(c) PROPERTY EliGiBiliTY: The Municipality shall assure that the property
rehabilitated is a detached one dwelling structure entirely used for residential pur
The at the time of initial inspection, shall establish the number of unit:
ana use for residential purposes. If the number of units excee(
dwelling unit, such condition shall be remedied by actions that resu
more than one detached dwelling unit after rehabilitation by including the rem
any excess units in the work write-up. Any such demolition shall not result
displacement of any occupant and shaH comply with One~for-One Replac
regulations. If the property is not entirely used for residential purposes, such co
shall be remedied by actions that result in elimination or conversion of non~resi
portions of the property to residential use.
For projects requiring lead-based paint abatement, the bid documents shal1 specify the number
of days for which the Rehabilitation Program shall pay for occupant temporary relocation, if
any. The bid documents shall specify that the Rehabilitation Program shall pay for occupant
relocation costs for the pre-specified number of days, and shall specify that the
be responsible for the cost of all subsequent occupant temporary relocation
made necessary as a resuit of the contractor's failure to pass any clearance testing. The bid
documents shall indicate that the cost of all occupant temporary relocation necessitated as a
result of the contractor's failure to pass any clearance testing and paid by the Municipality,
shall be deducted from the contractor's payment.
The M<.micipality shall require contractors to submit sealed bids for the work contained in the
work write-up after visiting the applicant's property to acquaint themselves with existing
conditions. The Municipality shall only accept bids up to a pre-specified date and time after
which such bids shall be opened at the Municipaiity's offices. Bid openings shall be open to
bidders, applicants, and the general public. Atthe bid the Municipality's designated
employees shall open the bids and announce total amounts The announced totals shall
be recorded on a bid spreadsheet showing each bidder's name and total amount bid as
announced.
(d) OCCUPANCY/RESiDENCY: The Municipality shall assure that the appiicant r
at the property to be rehabilitated which shall be determined at the time the pi
is inspected and through the applicant's address as revealed by the various dOCl
received during the application/verification process. If the applicant does not (
the the applicant shall demonstrate extenuating circumstances 1
property. Rehabilitation may proceed provided that the rehabi
renders the property occupiable, and provided that the applicant submit a
commitment prior to funding approvai clearly indicating the intent of the applil
reside at the property after completion of the rehabilitation process. Exter
circumstances may include certain circumstances such as damages from hUI
Wilma, or a determination of the property's unfitness for habitation by a built
ether official for reasons of safety or other danger at the property that can be rer
throuah the Rehabilitation Proaram. HeD shall determine the type of docume
necessary and/or acceptable to demonstrate the existence of these exter
circumstances, and if the extenuating circumstances are acceptable.
After aH bids are opened and announced the Municipality shall calculate the sum of all the
individual items contained in each bid to check for discrepancies between such sum and the
amoU1t read at the bid opening. Where a discrepancy exists in a bid between the true and
correct sum of itemized costs and the total announced at the bid opening, the true and correct
mathematical sum of itemized costs shaH prevail and the spreadsheet shall be noted
accordingly.
Upon close exarr.ination of all bids, the Municipality shall make a determination on the apparent
lowest responsive responsible bidder that best meets the terms conditions and soecifications
of the bid and that will result in the best interest of the appli~ant, the M~njcip~lity, and the
County
(e) PROPERTY OWNERSHIP: The Municipality shal! assure that the title ofrecorc
proposed for rehabilitation is held by the applicant at the time of appl
the applicant owned the property proposed for rehabilitation at the j
Hurricane Wilma on October 24, 2005.
The Municipality shall evaluate the lowest bid to establish whether the total bid is within the
funding limit, and shall provide the applicant an oPPOltunity to contribute to the project any
funds needed for the project above the funding limit, or shall secure such needed funds forthe
applicant from other sources.
Note: the above condition requiring that the applicant have an ownership interes
to be rehabilitated does not preclude other parties who do not reside
from having an ownership interest in the property in addition to that
These other parties are not regarded to be part of the applicant's hous
other parties having an ownership interest must agree to 81
executing program documents that secure the rehabilitation cm
the property. in instances where the applicant has a life estE
"remainder men" must agree to and join the applicant in executing program docu
that secure the rehabilitation costs and encumber the property.
The bidding process shall also includes obtaining bids for treatment of termites and other wood
destroying organisms (extermination) where such infestation is found at the property. The
MuniCipality s~a)), in like manner as described above, establish a list of companies aualified
to provide sucn services, and shall solicit, obtain, and evaluate bids from such compa'nies for
the treatment of termites and other wood destroying organisms that may be found at the
property to be rehabilitated under the Rehabilitation Program.
Funding shall be recommended for the lowest responsive responsible bidder both for
constr~ction and extermination. Should the applicant wish to select another bidder then the
difference in cost between the lowest bidder and that selected by the applicant shall be funded
by the applicant.
(f) REAL ESTATE TAX PAYMENT: The Municipality shall assure that the real
taxes for the property proposed for rehabilitation have been paid in full and shal
in the file for each applicant copies of documents showing the same.
H5. PROJECT UNDERWRITING:
The rv1u~icipality shall complete a project undervl/Titing process which entails undertaking
severa) t~sts to verify if Rehabilitati?n Program requirements have been met. This process
aJso entails the formulation of a fundmg recommendation when such requirements are met, or
the rejection of the application if these requirements can not be met by the applicant. The
Municipality shall, for each applicant, document the following:
(g) CURRENT MORTGAGE PAYMENTS: For applicants who have mortgageobligi
the Municipality shall assure that such mortgage obligations are not delinquent al
mortgage payments are current.
(a) INFORMATION CONSISTENCY: The Municipality shall assure that the information
submitted by the appiicant and other information verified through third parties or
gath~~ed .by the Municip~lity is consistent. If the preceding can not be met, the
Munlclpailti shall request the applicant to provide corrected information or an
explanation such that satisfactory consistency exists in the opinion of the Municipality
and HCD. Failure to do so particularly where willful falsification exists shall be
regarded as grounds for rejection of the application and denial of any assistance.
(b) P,R,OP~RTY LOCATION: The Municipality shall assure that the property to be
:ehablJJtated )s located within its muniCipal .boundaries. An applicant whose property
IS not located within these boundaries shall be rejected.
(h) PROPERTY INSURANCE: The Municipality shall assure that the applicE
minimum, maintains homeowner insurance on the property proposed for rehabili
and if the is in a flood zone "A" or fiood zone "V", it shall assure tr
insurance on the property. If such insurance in not in
time of application, then the Municipality shall, before closing,
documentation evidencing such insurance coverage.
(I) DAMAGES FROM HURRiCANE WILMA: The Municipality shall assure tr.
applicant's property suffered damages from Hurricane Wilma as previously des(
U) RECEIPT OF SBA OR FEMA BENEFITS AND INSURANCE PROCEEDS:
Municipality shall assure that .:here is not duplication of benefits. The Municipalit
verify the receipt of any SBA and/or FEMA payments by the applicant in conn
with Hurricane Wilma and shail document such. The Municipality shall veri
receipt of any lnsurance proceeds by the applicant in connection with Hurricane
and shail document such.
Page 19 of 36
Page 20 of 36
City of Boynton Beach
(k) LEAD HAZARD PAMPHLET: The Municipality shall assure that each applicant has
received a lead hazard information pamphlet entitled "Protect Your Family From lead
In Your Home", and shall obtain from the applicant a signed receipt for such pamphlet
City of Boynton I
(b) FUNDiNG liMITS AND SECURITY: All costs for each applicant, exceptfortem
relocation costs and the cost of an Inspector(s}, and/or an Advisor(s), shall be pn
as a loan subject to the following:
+ The maximum funding amount per applicant for payment of rehabilitation const!
costs 3.nd incidental expenses regarded as eligible under this Agreement $50
- Security: A mortgage and promissory note, in the amount funded to the ap~
shall be executed by all property owners of record at the closing described belc
shall be recorded by the Municipality in the public records of Palm Beach (
immediately after such closing. The Municipality snail be the mortgagee on a
motigages and shall be the beneficiary of the promissory notes.
Note: all additional funds, not included in the mortgage and promissory notl
provided after the mortgage and promissory note have been executed, shall be SE
by means of a notice of future advance and promissory note, before such fun
expended. The notice offuture advance and a copy of the promissory note sl
recorded by the Municipaiity in the public records in like manner.
rate: 0%.
- Term: 10 years.
- Repayment Provisions and Events of Default No repayment shall be made
mortgagor during the term of the mortgage except in the event of default as Spl
in the mortgage including the sale, lease, transfer or disposition of the mort
property. The amount secured by the mortgage and promissory note shall be fa
on a monthly basis over the ten (10) year term of the mortgage at the rate of 1/1
the mortgage amount per mO:1th. Should repayment be made, then the amoun
repaid consisting of the unforgiven balance at time default occurs, sl
computed by performing a proration.
~ Repayment of funds during term of this Agreement: The !'v1unicipalit~
immediately transmit to the County ali mortgage repayments that the Munic
receives during the term of this Agreement. The Municipality may request the C
to add such transmitted funds received during the term of this Agreement to the a
funded under this Agreement for such uses as described in the Agreement.
- Repayment or funds after the expiration this Agreement: The Municipalit~
imr:lediately transmit to the County all mortgage repayments that the Munic
receives after the expiration of this Agreement. The County shall then transmi
funds to the State. The provisions of this clause shalisurvive the expirat
this Agreement.
(I) LEAD NOTICE: Fcreach property built before 1/1/78, the Municipality shall assure that
each applicant has received a lead~based Paint Notice of Evaluation and/or
Presumption and shall obtain from the applicant a signed receipt for such notice.
(m) ENVIRONMENTAL AND HISTORIC REVIEW: The Municipality shall assure thatthere
are no environmentai or historic considerations that would prevent the rehabilitation of
the property, and that it has complied with all environmental and historic requirements.
(n) PRESENCE OF ASBESTOS: The Municipality shall assure that the rehabilitation of
the property shall not cause any asbestos exposure and it shall comply with applicable
asbestos regulations when there is evidence of a current or prior non-residential use
at the property (the house and its surrounding site).
(0) HOUSEHOLD JNCOME: The Municipality shall assure that the annual income of the
household occupying the property to be rehabilitated as received from all sources, by
household size, is at or below 80% of the applicable median family income forthe West
Paim Beach-Boca Raton Metropolitan Statistical Area.
H6 PROGRAM COSTS. FUNDING LIMITS AND SECURITY:
(6) EUGIBLE PROGRAM COSTS: The following expenses shail be regarded as eligible
costs under the Rehabilitation Program:
- Labor, materials, and other costs of rehabilitation of properties, including repair
diiected toward an accumuiation of deferred maintenance, removal of material and
architectural barriers that restrict the mobilii.y and accessibility of elderly or severely
disabled persons, repiacement of principal fixtures and components of existing
structures, 1nstallation of security devices, including smoke detectors and dead bolt
locks, and renovation through alterations, additions to, or enhancement of existing
structures, which may be undertaken singly, or in combination.
- Improvements to increase the efficient use of energy in structures through such
means as insta1!ation of storm windows and doors, siding, wall and attic insulation, and
conversion, modification, or replacement of heating and cooling equipment, including
the use of solar energy equipment.
to increase the efficient use of water through such means as water
and shower heads and repair of water ieaks.
- Improvements to provide windstorm protection to render rehabilitated homes less
vulner3.bie to future wind related damage.
- Connection of residential structures to water distribution lines or loca! sewer collection
lines (excluding payment of certain associated fees, such as impact fees, not eligible
under the CDBS program).
Costs of flood insurance premiums and associated service charges as established
under the Nation Flood Insurance Program for a period of up to three years.
- Costs of inspecting, testing, and abatement of lead-based paint and asbestos
containing materials pursuant to applicable regulations.
- Costs associated with the processing of rehabilitation applications such as a title
search or state and local fees for recording documents prepared in conjunction with the
Rehabiiitation Program.
- Costs of obtaining construction related professional services including architectural,
engineering, and surveying services, including the preparation of related technical
documents, and inspections associated with execution of the content of such
documents as pertains to the rehabilitation work.
- Costs of performing inspections of termite or other wood destroying organisms and
extermination thereof.
- Construction contingency funds at an amount which is the lesser oHive percent {5%)
of the construction contract amount or $1 ,000.
- Costs or an Inspector(s), and/or an Advisor{s) as described herein, and where a
separate budget is provided in this Agreement for such costs.
- Temporary relocation costs for the mombers of the household where rehabilitation is
being performed.
!iL.PROJECT APPROVAL:
Upon assurance of project compliance with the requirements of the Rehabilitation Pro
and formulation of a funding recommendation for the applicant, the Municipality shali ~
to HCD the entire 80Dlicantfile compiled to date and a financial write-uD of the project by
the Municipality requests HeD to approve funding for the appiicant. HCD shall advi~
Municipality of its determination concerning its review of the financial write-up within te
working days of HCD's receipt of the financial write-up.
The financial write up shail contain the information:
- Applicant/Owner Information: the name address of the applicant, the names
and a statement concerning the presence of any owners tt-,at do not occur
Information: identify the persons in the household, their relationship and c=
- Household Income Information: identify each household member receiving an incom
type of income, and the amount of monthly income, provide the household annual incoml
a statement that the household IS income eligible.
- Property Information: provide a unit description (one unit substandard detached resid,
oCGupancy status (owner occupied), year built, year acquired, number of bedrooms, s
footage area, a statement that the property sustained damages from Hurricane Wilma,
statement that the property is located within the municipal boundaries.
- Property Obligations: identify the status of real estate tax and mortgage payment~
property insurance coverage.
- Project Costs: list all project costs for items such as Inspection/risk assessment r
ciearance test, rehabilitation construction, termite treatment, recording fees, and constrl
contingency, and provide a totai cost for the project.
~ Receipt of Benefits/Proceeds: provide a statement concerning the applicants receipt (
SBNFEMA benefits and/or any insurance proceeds, the amount thereof, and an expiar
of which portion of such received funds will be contributed by the owner to the cost
project.
~ Funding Eligibility: provide a statement that the applicant is eligible to receive fund
accord with the Agreement between the County and the Municipality.
Recommendation: provide a funding recommendation indicatilig the recommE
and the amount from each source, to meet the total cost of the projel
Page 21 of 36
Page 22 of 36
City of Boynton Beach
City of Boynton I
- Sub?Tlission Statement: provide a statement identifying the person who prepared and
submitted the financial write-up on behalf of the Municipal!ty and provide a signature and date
for submission from such person.
~ Funding provide a section for HCD to indicate :is approval of the funding
and a signature and date for such approval, and ailow a section for HCD
comments in this regard.
The Municipality shall use a Document Affidavit, a blank form of which shall be providl
by HeD, in connection with closings for property owners who are unable to read (for ill
persons and for persons who due to a physical disability are unable to read), and VI
understand English. The Advisor shall list on this affidavit all documents by name tt
induded in the closing, and that are to be executed by such property owners. The P
shail also arrange for someone (such as a friend or a relative of the property ow
someone well acquainted with the property owner) to read these documents to the pr
owner. Tbe Advisor shall prepare and deliver these documents to the reader in advanCE
closing to allow enough time for reading. The Document Affidavit shaH be executed
reader and secured by the Advisor for the closing to be placed in the applicant file.
H8. PROJECT CLOSiNG:
Upon approval of project funding by HCD, the Municipality shall prepare certain project
documents to be executed at the closing which shall, at least, be attended by the Advisor, the
applicant, and the contractor for the project that has been selected through the bid process.
The Municipality shall assure that the foliowing has occurred as a pre-requisite to closing:
- The Inspector shall conduct a pre-closing pre~construction s~te conference/walk-through with
the applicant and the contractor. At this walk-through the participants shall review the scope
of work to be performed, the schedule of work , and they shall establish whether there is a need
forthe homeowner to move any personal or household items to facilitate the contractor's work.
~ The Advisor shaH receive evidence of contractor insurance as specified in the bid documents
and construction contract which evidence shall be placed in the applicant file.
- The Advisor shall verify that the project contractor does-not appear on the current General
Services Administration List of Parties Excluded from Federal Procurement or Non-
(see htto:J/wwvv.cois.cov/), and shall place in the applicant file
the same.
. For projects requiring lead-base paint abatement, the Advisor shall receive from the
contractor an occupant protection pian prepared according to applicable regulations.
The Municipality shall use a Translated Document Affidavit, a blank form of which sl
provlded to it by HCD, in connection with closings for property owners who do not unde
English. The Advisor shall list all documents bv name that are included in the closina ar
are to be executed by such property owners_' The Advisor shall also arrange for'='~or
(such as a friend or a relative of the property owner or someone well acquainted w
property owner) to translate these documents to the property owner noting that a
translation is sufficient, provided that the nature and effect ofthe documents is translate(
Advisor shalf prepare and deliver these documents to the translator in advance of the c
to allow enough time for translation. The Translated Document Affidavit shall be execu
the translator and secured by the Advisor for the closing to be placed in the applicant
H9. REHABiLITATION CONSTRUCTION:
The inspector shall inspect the work in progress being performed by the contractor and I
and all construction draws made against the contract. The appiicant shall a~
all requested for payment. A minimum five percent (5%) retainage shall be app
each progress draw, with the accumulated retainage amount released in conjunction wi1
payment.
The closing shall be conducted by the Advisor who shall review all documents with the
applicant prior to execution. The documents to be executed by the appiicant shall include:
- Mortgage.
- Promissory Note.
- Notice of Commencement.
- Notice to Proceed.
- Contract for Exterminating Services (between the applicant and the exterminating company).
Construction Contract (between the appl!cant and the contractor).
An iead~based paint remediation, temporary relocation of occupants, notifications, deE
testing, and related documentation shall be carried out in compliance with HUD lead-
paint reguiations for projects funded under the Rehabilitation Program. This shall inclu
provision of a Lead-based Paint Notice of Hazard Reduction Activity to the applican
hazard reduction activities have been completed.
Note: All owners of record (including the applicant(s) who reside at the property and owners
who must execute the mortgage and promissory note. In instances where
the applicant has a estate, all "remainder men" must join the applicant in executing the
mortgage and promissory note.
During construction, change orders for unforeseen code related work items necessitat
increase in the contract amount may be approved provided contingency funds are ava
If funds are insufficient, additional funds may be obtained for the proj(
The Municipality shall request HCD's approval of all change orders I
are signed regardless of whether or not the change orders cause an increase
HCD shall advise the Municipality of its determination concerning its r
of change orders within ten (5) working days of HCD's receipt of the proposed change
The documents to be executed by the contractor shall inciude:
- Construction Contract (bet\rveen the applicant and the contractor).
- Certification of Nonsegregated facilities.
- Certjfjcation of Eligibility of General Contractor.
- NoncoiiiJsion Affidavit of Prime Bidder.
- Anti-kickback Affidavit.
Upon completion of the work, the contractor shall ensure that ail work has been appr-o\
the department with jurisdiction over the project, and obtain the necessary I
contractor shall request a final inspection by the Municipality which Sf
by the Municipality providing the contractor with a punch list of deficiencies (i
deficiencies exist) to be corrected by the contractor prior to final payment.
The Advisor shall provide the contractor blank payment request forms forthe contractor's use,
and after the ciosing shaH obtain the exterminating company's counter signature on the
Contract for Exterminating Services. The Municipality shall, immediatelv after the cJosina
assure that the oriqinal executed lT10rtaaae accompanied bv a CODY ofthe oromissorv note and
the notice of commencement are recorded in the Dublic I'ecords of Palm Beach County. The
Inspector shall, immediately after recording, assure that a certified copy of the recorded Notice
of Commencement is posted in a visible location at the property to be rehabilitated.
When the work is fully completed, the Municipality shall obtain the applicant's approval
final The final payment shali be subject to the Municipality's receipt of the foil
from contractor:
The Municipality shall assure that all funds from other sources required for undertaking a
project (but not including funds to be provided under this Agreement) shall be available at
closing. Funds from other sources for example include the applicant's contributions, insurance
proceeds and/or any payment from SBA/FEMA (or other agency). All such funds shal! be held
by the Municipality in escrow to be used for their intended purpose as the project is
The Municipality understands that the expenditure of these funds cannot be
to the Municipality under this Agreement.
Bldg. Dept. final approval, and Certificate of Completior
roof nailing affidavit.
contractor's warranty showing the final inspection date/warranty start date.
contractor's release of lien (with all subcontractors listed).
subcontractors' releases of lien for subcontractors with Notices to Owner.
abatement report for projects with lead-based paint abatement.
- Required product approvals.
Manufacturers' warranties for equipment and appliances.
For projects where lead-based paint abatement is to be performed and where the occupants
of the house are to be temporariiy relocated, the Advisor shall, at the closing, coordinate the
abatement work days and the temporary relocation dates with the applicant, the contractor, the
Inspector, and the hotel.
The Municipality shall pay the contractor for completed work that is contained i
constt uction contract as approved by HCD, and request HCD for reimbursement of such I
The County shall reimburse the Municipality for such costs as provided in this Agreem
Page 23 of 36
Page 24 of 36
City of Boynton Beach
In connection with the first draw for each construction contract that is requested for
reimbursement, the Municipality shall provide the following:
- A copy of the Occupant Protection Plan for projects with lead-based paint abatement.
- .A. copy of the executed construction contract.
- A copy of the contractor's bid showing the work items and the cost of each.
- A copy of the contractor's payment request approved by the Inspector and the applicant.
which shows the work items approved for payment and their costs, and which provides an
accounting of the contract amount, change orders. retainages, payments to date. deductions
and a computation of the approved payment.
- A copy of the check tendered in payment by the Municipality.
In connection with the interim draws for construction contract that is requested for
reimbursement, the Municipality shall the following:
- A copy of the contractor's payment request as specified above.
- A copy of the check tendered in payment by the Municipality.
In connection with the final draw for each construction contract that is requested for
reimbursement, the Municipality shall provide the following:
- A copy of the contractor's roof nailing affidavit.
- A copy of the contractor's warranty.
- A copy of the contractor's release of lien.
- A copy of the abatement report for projects with lead-based paint abatement.
- A copy of the lead-based paint clearance test showing a pass designation after abatement.
- A copy of the Lead~based Paint Notice of Hazard Reduction Activity.
~ A copy of the contractor's payment request as specified above.
- A copy of the check tendered in payment by the Municipality.
Extermination, jf necessary, shail be carried out after completion of construction and as
scheduled by the Advisor. The Municipality shail inspect the extermination work and review
and approve the payment for such services. The applicant shall also approve extermination
work requested for payment.
The Municipaiity shall pay for the completed extermination work that is contained in the
contract for exterminating services as approved by HCD, and request HCD for reimbursement
of such costs. The County shall reimburse the Municipality for such costs as provided in this
Agreement.
In connection '""ith the extermination services that are requested for payment, the Municipality
shall
- A copy of the contract for exterminating services.
- A copy of the company's invoke approved by the Municipality and the applicant.
- A copy of the check tendered in payment by the Municipality.
H10. TEMPORARY RELOCATION POLICY:
The Municipality shall not cause the permanent dislocation of any persons as a result of
implementing the Rehabilitation Program. The parties to this Agreement recognize that the
rehabilitation process may in some instances require the temporar! relocation of the applicant
and the applicant's household members due to activities such as lead-based paint abatement
or extermination of wood destroying organisms. According!y, the Municipaiity hereby
adopts below Temporary Relocation Assistance Policy and obligates itself to making the
payments associated therewith.
Temporary Relocation Assistance Policy: Should in the course of rehabilitation activities
undertaken under the Rehabilitation Program envisioned by this Agreement, the necessity
arise to temp~rarily relocate the members of the househoid where rehabilitation [s being
perfomlsd (while lead-based paint aba.tement is taking place, or during extennination of wood
destroying organisms, for exampie), then the Municipality shall pay for the cost of
accommodations (hotel/motel) incurred while temporarily housing such household members
away frorr: the home being rehabilitated. The Municipality shalJ endeavor to minimize the cost
of such accommodations while arranging for accommodations that are as close to the home
being ,ehabilitated as possible, for the least number of nights possible, and while minimizing
disruption to the family (that is, maintaining proximity to day care, schools, or work).
The Municipality shall pay the business provider of such temporary housing the cost of such
temporaiY relocation from the budget established for such purpose in this Agreement, after
having procured such services in accord with this Agreement. The County shall reimburse the
Municipailty' for temporary relocation payments in connection with this Agreement up to the
amount in the allocated budget.
Page 25 of 36
City of Boynton i
The Municipality shail not secure any such temporary relocation payments the mo
given by the applicant under the Rehabilitation Program. Nothing herein preclu
applicant from voluntarily temporarily relocating to a location of the applicant's choice (s
with friends or family) whiie Rehabilitation Program activities are undelWay without s
payment from the Municipality.
H11. PROjECT CLOSEOUT:
After all project contracts, invoices, and expenses have been paid, the Municipalit
prepare and submit to HCD, along with the entire compiled to date, a d
statement which shall show all allocated funds, an itemized listing of all payment::
on behalf of the and all undisbursed funds and their disposition. Funds the
been secured and that have not been expended shall be credited
The closeout statemen
and shall be placed in the applicant file with
ItlI;,REPLACI;MI;i'lT PROGMM
J.
OTHER RELATED MATTERS:
(a) REHABiliTATION PROGRAM DOCUMENTS: Prior to the Municipality's use
documents listed below in connection with this Agreement, the Municipality shall
the foi!owing to HCD for approval: Lead~Based Paint Notice of Evaluation j
Presumption, Lead-based Paint Notice of Hazard Reduction Activity, bid dOCL
and solicitation documents for all services, construction contract, not
commencement, release of liens, warranty, extermination contract, mor
note, notice of future advance, and affidavits. The Municipality sh
above as approved by HCD in connection with this Agreement
the execution ofthis Agreement, the Municipality agrees to submit, in like mannl
other Rehabilitation Program documents requested of it by HCD for revie
approval.
(b)
use
Prior to the
the fofiowing to HCD for approval:..
(c) DATE VALIDITY OF DOCUMENTS (for the Rehabilitation Program
Program): The below identified documents contained in
of funding approval by HCD shall be no more than six
- Income verifications and income affidavits.
- Verification of real estate and mortgage liabilities.
- Evidence of owner's funding.
Note: Construction and extermination contractor's bid proposal validity date rT
voiuntarHy extended by a letter from the contractor, and jf not voluntarily extent
the contractor, the Municipality shall procure such services again through ti
process.
(c) ADDIT10NAL FUNDING (for the Rehabilitation Program and the Replac
Program): The Municipality may request additional funding in excess of arr
approved by HCD for a project (such as for change orders). provided that the ~
additional funding and original project funding does not exceed the funding lir
applicant established in this Agreement. In its request, the Municipality shall it
the purpose of the additional funds and provide a detailed accounting of the itE
be funded.
In the instance where such sum would exceed the funding limit per apl
established in this Agreement, the applicant shail be given the opportunity to m,
any funding shortfall, and if not made up by the applicant, the Municipality may fE
HCD for a waiver allowing the sum to exceed such llmit. The approval of wah
recommended by HeD, shall be made by means of an amendment to this Agre
to be executed by the parties with the same formality as this Agreement. Waiver
be considered in connection with the need for additional funds arising from unfor
conditions related to the construction rehabilitation at the property, or in connectic
any other needs deemed appropriate by HCD and othelWise regarded as e
program costs as identified herein.
Page 26 of 36
City of Boynton Beach
All additional funds, not included in the mortgage and promissory note, and provided
after the mortgage and promissory note have been executed, shall be secured by
means or a notice of future advance and promissory note, before such funds are
expended. The notice of future advance and a copy of the promissory note shall be
promptly recorded by the Municipality in the public records of Palm Beach County.
City of Boynton E
(c) The contractor agrees to send to each labor organization or representative of w'
with which the contractor has a collective bargaining agreement or
understanding, if any, a notice advising the labor organization or WI
representative of the contractor's commitment under this Section 3 clause, and w
copies of the notice in conspicuous places at the work site where both employeE
applicants for training and employment positions can see the notice. The noticl
describe the Section 3 preference, shall set forth minimum number and jot
subject to hire, availability of apprenticeship and training positions, the qualific
for each; and the name and location ofthe person(s) taking applications for each
positions; and the anticipated date the work shall begin.
(d) The contractor agrees to include this Section 3 clause in every subcontract sub
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate,
as provided in an applicable provision of the subcontract or in this Section 3 c
upon a that the subcontractor is in violation of the regulations in 24 CFI
135. The not subcontract with any subcontractor where the coni
has notice or knowledge that the subcontractor has been found in violation
regulations in 24 CFR Pari: 135.
(e) The contractor will certify that any vacant employment positions, including tr
positions, that are filled (1) after the contractor is selected but before the cont
executed, and (2) with persons other than those to whom the regulations of 2.
Part 135 require employment opportunities to be directed, were not filled to circu
the contractor's obligations under 24 CFR Part 135.
(f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in san(
termination ofthis contract for default. and debarment or suspension from futurE
assisted contracts.
(0) TERMINATION OF FUNDING (for the Rehabi!itation Program and the Replacement
Program): The Municipality shall take steps to terminate funding and accelerate loan
repayment during the rehabilitation process if:
- The applicant refuses orfaiJs to allow the construction work to commence within thirty
(30) days from construction contract award.
- The applicant refuses or fails to allow completion of construction after
commencement.
- The applicant refuses to authorize payments associated with the project which have
been deemed payable by HCD's Director.
- An event of default occurs as specified in the mortgage or promissory note.
The MunicipaJitj shall give the applicant notice of such termination and/or acceleration,
as appropriate, with legal follow-up where necessary.
(e) SUBORDINATION OF MORTGAGE (for the Rehabilitation Program and the
Replacement Program): The Municipality shall establish a written policy for the future
subordination of mortgages taken in connection with this Agreement provided that such
aims at preserving homeownership, and provided that the execution of such
preserves or enhances the encumbered property's value, and that the
execution of such subordination does not adversely affect the Municipality's financial
interest in the rehabilitated property. The provisions of this clause shall survive the
expiration of this Agreement.
L.
REPORTS:
The Municipality shall submit to HCO detailed monthly and semi-annual reports as des,
below:
(f) SATiSFACTION OF MORTGAGE (forthe Rehabilitation Program and the Replacement
Program): The Municipality shall issue the applicanT a satisfaction of mortgage when
the applicant has compiied with all the terms and conditions contained in the mortgage
and promissory note. Upon issuance, the Municipality shall recorded the satisfaction
of mortgage in the public records of Paim Beach County and shaH transmit the original
to the applicant. The original recorded satisfaction of mortgage document shall be
accompanied by the original mortgage and promissory note when transmitted to the
applicant. The provisions of this clause shall survive the expiration of this
Agreement.
(a) MONTHLY REPORT: The Municipality shall submit to riCO detailed monthly prc
in the form provided as Exhibit D to this Acreement. Each reoort must ae
'total activity for which the Municipality is funded under this Agreement.
reports shall be used by HCD to assess the Municipality's progn
the project.
(g) RETENTION OF APPLICANT FiLES (for the Rehabilitation Program and the
Replacement Program): AH applicant files (fEes for completed projects. files that are
incomplete, and files for rejected applications) shall be retained by the Municipality for
a period of five (5) years from the date offinal closeout of the agreement between Palm
Beach County Board of County Commissioners and the State of Florida for the 2005
Disaster Recovery Initiative Program, or the statutory required period (F.S. Chapter
119), whichever is longer. The provisions of this clause shaH survive the
expiration of this Agreement.
(b) SEMI~ANNUAL REPORT: The Municipality shall submIt to HCD detailed semi-c
reports in the from provided as Exhibit E to this Agreement. During the term I
Agreement, the Municipality shall each 31st day of March submit such report f
prior six month period beginning on the preceding 1st day of October, and endi
said 315t day of March. In addition, during the term of this Agreement, the Munic
shall each 30tl1 day of September submit such report for the prior six month i
beginning on the preceding 1 st day of April, and ending on said 30th day of Septe
K.
SECTION 3 REQUIREMENTS:
The Municipality agrees to comply wah all Section 3 requirements applicable to contracts
funded th.rough this Agreement Information on Section 3 is available at HCD upon request.
Th~ r'v1u.llicipaHty shall include the following, referred to as the Section 3 Clause, in every
solicrtatlon and every contract for every Section 3 covered project:
(c) CLOSEOUT REPORTS: After the completion of all activities funded undE
Agreement, the Municipality shall submit to HCD the cioseout reports identified
Housing Benefit Report and the Beneficiary Oata Report in the from provid
Exhibits F and G to this Agreement.
(d) OTHER REPORTS: The Municipality agrees to submit to HCD any other n
by the State in connection with activities undertaken through this AgreE
but not limited to. reports associated with Section 3.
Section 3 Clause
The Municipalityfurther agrees that Hen, in consultation with any parties It deems neces
shall be the final arbiter on the Municipality's compliance with the above.
($:) The work to be performed under this contract is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968. as amended, 12 U. S.C. 170 1 u
(Section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects
covered by Section 3 shall, to the greatest extent feasible, be directed to low-and very
lOW income persons, particularly persons who are recipients of HUD assistance for
housing.
(b) The parties to this contract agree to comply with HUD's requirements in 24 CFR Part
135, which implement Section 3, .A.s evidenced by their execution of this contract, the
parties to this contract certify that they are under no contractual or other impediment
that would prevent them from complying with the Part 135 regulations.
Page 27 of 36
Page 28 of 36
City of Boynton Beach
City of Boynton E
II. THE COUNTY AGREES TO:
A. Provide funding for the above specified activities during the term of this Agreement, as follows:
EXHIBIT B
(a) An amount of $1 ,074,000: FOI' payment of rehabilitation construction costs and related
expenses regarded as eligib!e under this Agreement (including lead-based paint
expenditures such as the cost of inspections and risk assessments, abatement, and
clearance testing).
AUTHORIZATION TO RELEASE CONFIDENTIAL INFORMATiON
(b) An amount of $465,000: For ""ymenf"!
I, the undersigned, authorize the Federal Emergency Management Agency (FEMA), the Si
Florida, and appropriate agencies of the State of Florida responsible for providing disaster assj~
to release inforJ:1ation relating to my eligibility for monetary or other forms of assistance arisin!
the major disasters declared: Hurricanes Katrina FEMA-DR-1602-FL (dated August 28, 2005), i
Wiima FEMA-DR-1609-FL (dated October 24,2005) to those agencies that provide disaster-r
assistance. This authorization permits the release of information that is deemed confidential
Federal and State Privacy Acts.
(c) An amount of $8,000: For temporary relocation costs to temporarily relocate the
members of the household where rehabilitation or replacement is being petformed.
These costs shaH include the cost of accommodations (hotel/motel) incurred while
temporarily housing such household members away from the home being rehabilitated.
(d) An amount of $82,170: For the costs of the Municipality's employees to provide tho
services of an lnspector(s). and/or an Advisor(s) to carry out the tasks described in this
Agreement. Specifically, the Municipa))ty' positions that fulfil the duties of an Inspector
and an Advisor as described herein are: Construction Coordinator, Affordable Housing
Administrator, and Administrative Secretary.
Th:s authorization is given to obtain andior provide assistance I need as a result of the prior refer
federal to insure that benefits are not dupiicated. it includes the sharing of inforr
about in FEMA's possession or under FErViA's control.
B.
Provide project administration and inspection to the Municipality to ensure compliance with
U.S. HUD and the Department of Labor, and applicable State, Federal and County laws and
regulalions
This authorization includes only information necessary to allow the appropriate agen
to determine if I am eligible for assistance from that agency or organization.
is not to be used for any other purpose.
c.
Monitor the Municipali1y at any time during the term of this Agreement. Visits may be
announced or unannounced as determined by HCD and will serve to ensure compliance with
State and U.S. Department of HUD regulations, that planned activities are conducted in a
timely manne" and to verify the accuracy of reporting to HCD on program activities.
i alsc understand and acknowledge that signing thIS does not guarantee that I wi!1 get assistano
Voluntary Agencies and/or appropriate Federal and State agencies. However, without my permi
my information cannot be shared with other agencies or organizations for consideration. i undel
the! I wili stili receive all FEMA assistance for which j am eligible.
This Authorization is submitted pursuant to 28 U.S.C. S 1746 under penalty of perjury.
D. The County shall perform an environmental review of each project, and review and approve
ali aspects and expenditures of each project as specified herein. The County shall also
perform Davis Bacon Act Labor Standards monitoring and enforcement. Environmental review
costs incurred by the County may be charged to the project budget identified above.
OPTIONAL - I choose to exclude the following agencies from access to this information:
! understand that it is my choice to sign this Release:
Name (Printed)
Date
Signature
Pre-Disaster Address:
Current Address;
Phone or Message #:
FEMA Registration #:
Page 29 of 36
Page 30 of 36
City of Boynton Beach
City of Boynton E
PALM BEACH COUNTY
HOUSING & COMMUNITY DEVELOP
EXHIBIT C
PHOTOGRAPHIC SURVEY
TO:
Elena Escovar, Manager, Planning Section
Housing and Community Development
I PROPERTY OWNER:
PROPERTY ADDRESS:
I PHOTO DATE:
DATE:
FROM:Name
City of Boynton Beach
RE: 2005 Disaster Recovery Initiative Program
Environmental Review Checklist Request
This is to request an Environmental Review checklist for the below identified rehabilitation project
under the 2005 Disaster Recovery Initiative Program:
1 Property Owner(s): I
! Property Address: I
I Property Control No: I
I Property is: j [Xl Owner occupied [ ] Tenant occupied
I Number of Units: I T Year BUilt-T
(See below)
Attachment: Attach one front view photo and one side view photo of each structure mounted on a
Photographic Survey form.
the property was built more than 50 years ago: Complete the Rehabilitation Justification and
Historical Background Information below.
FRONT VIEW
REHABILITATION JUSTIFICATION
AND
HISTORICAL BACKGROUND INFORMATION
For structures built more than 50 years ago:
1. Provide a detailed for the rehabilitation of the aboVe stated property. The
should describe the current condition/deterioration of the structure, and
include both interior and exterior photographs:
2. Provide information on any historical events or individuals known to be associated with the above
stated property:
SIDE VIEW
3. Provide information on the immediate surroundings of the above stated property. Is the property
located next to a potential historic district? Provide photographs of the surrounding lots and/or
buildings:
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Page 32 of 36
City of Boynton Beach
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PALM BEACH COUNTY
EXHIBIT D
HOUSING & COMMUNITY DEVELOPMENT
MONTHLY NARRATIVE REPORT
Report for: Month: Year:
Subrecipient Name: City of Boynton Beach
Project Name: 2005 DRI Housing Rehabilitation/Replacement
Report Prepared By;
Name Signature Date
BUDGETING AND EXPENDITURES
Amounts Expended this Reporting Period: CDBG Funds:$_ Other Funds:$_
Amounts Exoended to Date:
BUDGETED ! EXPENDED PERCENTAGE
CDBG Funds: $ $ %
Other Funds: $ $ %
Other Funds: $ $ %
TOTAL: $ $ %
Describe any changes in budgeted amounts during this reporting period and the source of funds:
Describe your efforts to obtain any additional funds for the project during this reporting period (if your
project is underfunded):
PROJECT ACTIVITIES
Describe you:, accomplishments during the reporting period:
Describe any problems encountered during this reporting period:
Other comments:
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Page 33 of 36
PALM BE_ItCH COl!NI'L_.~_.
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City of Boynton Beach
EXHIBIIE
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HOUSING BENEFIT REPORT
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Uoit Q"alified Unit Brought into
Name of Street Address Total Cost of TotalDRI Date Rehab Replace- No. of Unit Made
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CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-160 - Approve the
Interlocal Agreement between Palm Beach County (PBC) and the City of Boynton Beach for
participation in the Drowning Prevention Coalition (DPC) Learn to Swim Program, which provides
vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool.
EXPLANA TION OF REQUEST: For swimming lessons provided by the City, in exchange for the DPC Learn to
Swim Program, the County will pay the City its usual and customary fee per class. The vouchers are issued by
the Learn to Swim Program and are valued at a maximum of$50 per class. The term of the Agreement shall
commence in October and shall remain in effect until September 30,2010.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Various swimming lesson classes are offered at
the John Denson pool. All the classes are open to the public and will not be restricted to voucher holders. The
County will be invoiced monthly based on the number of swimming lesson classes. We anticipate that the
number of participants in these classes will increase significantly.
FISCAL IMPACT: Direct expenses are covered by the registration fee for the swimming lesson classes.
AL TERNATIVES: Do not enter into the agreement and accept vouchers for swimming lessons.
- 502 -
RESOLUTION R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN PALM BEACH COUNTY AND THE
CITY OF BOYNTON BEACH FOR P ARTICIP A TION IN THE
DROWNING PRVENTION COALITION LEARN TO SWIM
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the County will pay to the City its usual and customary fee per swim class for
swimming lessons provided by the City in exchange for the Drowning Prevention Coalition Learn to
Swim Program; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize
execution of the Interlocal Agreement with Palm Beach County which expires September 30,2010, for
participation in the Drowning Prevention Coalition Learn to Swim Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach hereby authorizes the Mayor
and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and Palm Beach
County which expires September 30, 2010, for participation in the Drowning Prevention Coalition
Learn to Swim Program, a copy of said Agreement is attached hereto and made a part here as Exhibit
" A" .
Section 3.
That this Resolution shall become effective immediately upon passage.
- 503 -
PASSED AND ADOPTED this _ day of October, 2009.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Jerry Taylor
Vice Mayor - Woodrow L Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 504 -
Mayor
INTERLOCALAGREEMENT
FOR SWIMMI'l/G LESSONS
This Agreement i;; made as oflhe _ day of _' 20_, by and belweeo Palm Beach Counly,
a Polilical Subdivision of the State of Florida, by and through ils Board of Commis>iollers,
hereinafter referred to as Ihc COUNTY, and the City of Boyoton Beach, a Florida municipal
corporation localed in Palm Beach Couoly, Florida. (hereioafter referred to as "MUNICIPALITY").
WHEREAS, COUNTY, through its Drowning Prevention Coalition's ("DPC") Leam to
Swim Program, distributes vouchers to the public- which may be redeemed for swimming lessons at
designated aquatic facilities within Palm Beach County; and
WHEREAS, the parties desire to enler into this Agreement for MUNICIPALITY to provide
swimming lessons as part of the OPC Learn 10 Swim Program, and to define the parties'
respon>ibilities relating thereto.
WHEREAS, Section 163.0 I, Florida Statutes, known as the "Florida Interlocal Cooperation Act of
1969," authorizes local governmenls to make the most etIicient use oftheir power by enabling them
to cooperate with other localities on a basis of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population and other faclors inlluencing the
needs and development of local communities.
NOW THF:RRFORR, in eomideration of the mutual covenants and promises contained
herein, the COUNTY and the MUNICIPALITY agree as follows:
ARTICLE 1 - SERVICES
MU N I C IP ALf!" Y shall offer and provi de SV,1 mming lesson classes to individual s who present
vouchers issued by the DPC Learn to Swim Program. Each cla>s to be offered and provided shall
comist of a series of at least six swimming lessons and shall be identified in Exhibit A, attached
hereto and incorporated herein. Exhibit A shall set forth the name, type, swimming level, dates,
location, minimum participation requirements, if any, and MUNICIPALITY's usual and customary
fee for each class. MUNICIPALITY shall not charge voucher holders for any swim class for which
MUNICIPALlTY's usual and customary fee is S50.00 or less. If MUNICIPALITY's usual and
customary fee [or a swim class is more than $50.00, then the maximum fee that MUNICIP ALlTY
may charge voucher holders for ~aid cla>s is it> u>ual and customary fee minus $50.00. Said classes
may be open 10 the public and arc not restricted to voucher holders.
The swimming lesson classes shall be provided at MUNICIPALITY'S aquatic facility.
MUNICIPALITY agrees to provide and maintain its facility in a safe, clean and hygienic manner and
in accordance with all safety and health standards ami all other applicable laws and regulations.
MUNICIPALITY agrees to provide and maintain in proper working order all equipment necessary to
provide and maintain the services and facility as provided herein. ,."jUNICIP ALlTY represents and
1
warrants that its aquatic facility is in compliancc, and shall continue to be in compliance, with
Section 514.031, Florida Statutes, all applicable rules and requirements of the State and County
Health Departments, and all other applicable laws, rules and regulations. Priorto execution of this
Agreement, MUNICIPALITY must provide to COUNTY copies of the facility's current operating
pennit and most current inspection report, which must evidence a satisfactory inspection.
MUNI Cl P ALlTY s hall perform the services set forth herei n in accordance with all app] i cablc
laws, rules and regulations, and in a competent, professional, safe and responsible manner with full
regard for tbe safety of the participants. !vIUNICIPALlTY agrees and warrants that all swimming
instructors utilized by MUNICIPALITY to provide lessons hereunder shall be certified as required
by Scction 514.071, Florida Statutes, and any other applicable laws, rules and regulations.
MUNICIPALITY shall provide proof of such certifications to COUNTY'S representative upon
request. MUJ\'ICIP ALlTY represents and warrants that it has in place, and shall continue to
maintain, a drug-tree workplace policy.
ARTICLE 2 - COMMENCEMENT AND TERM
This Agreement shall commence on October 1, 2009 and shall remain in effect until September 30,
20]0.
ARTICLE 3 - PA YMENTS TO MUNICIPALITY
A For swimming classes provided by MUNICIPALITY in exchange for OPC Leam to Sv>;m
Program vouchers, COUNTY shall pay MUNICIPALITY its usual and cllstomary fee per
class as set forth in Exhibit A hereto, up to a maximum of $50.00 per class series provided
to a voucher holder. As provided in Resolution Nu. R-2005-1906, the total payments to all
swimming lesson providers utilizcd in thc DPC Learn to Swim Program for each fiscal year
shall not exceed the amount budgeted by COUNTY for this purpose for said fiscal year.
B. MUNICIPALITY shall invoice COUNTY monthly based 011 the number of swimming lesson
classes provid~d h~reund~r. Invuic~s shall include a list uf the names and contact
information of studcnts to whom lessons wcre actually provided, the name, dates, and times
of the classes provided, and any other documentation deemed necessary by COUNTY to
verify that services have been rendered in conformity with this Agreement and any applicable
DPC Learn to Swim Program criteria, policies and procedures.
ARTICLE 4 - TER.'VIINATION
The COUNTY may terminate this Agreement at any time upon \witten notice to the
MUNICIPALITY \"ith or wilhl>ut cause ami withl>ul p~nalty, damages or recourse against
COUNTY. MUNICIPALITY may tcnninatc this Agreement upon thirty days (30) days' prior written
notice to the COUNTY.
2
ARTICLE 5 - PERSONNEL
The lvlUNICIP ALlTY represents that it has, or will secure at its own expeme, all necessary
personnel required to perform the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the COUNTY.
All of the services required hereunder shall be performed by the MUNICIPALITY or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized and permitted under state and local law to perfonn such services.
The MUNICIPALITY warrants that all services shall bc perform cd by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 - SUBCONTRACTING
MUNICIPALITY may not, without writtcn approval of COUNTY, subcontract any rights,
responsihi lities or obligations under this Agreement.
ARTICLE 7 - A V AILABILITY OF FUNDS
The COUNTY'S performance under this Agreement for subsequent fiscal years is contingent upon
annual appropriations for its purpose by the Board of County Commissioners and subject to the
provisions of Palm Beach County Resolution No. R-200S-1906. The MU1\'ICIPALlTY'S
perfurmance under this Agreement for subsequent fiscal years is contingent upon annual
appropriations for its purpose by its governing body.
ARTICLE 8 - lNSURANCE
Without \vaiving the right to sovereign immunity as provided by s.768.28/s., MUNICIPALITY
acknowledges to be self-inswcd for Gcneral Liability and Automobile Liability under Florida
sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per
Occurrence; or such monetary waiver limits that may change and be set forth by the legislature.
III the event MUNICIPALITY maintains third-party Commercial General Liability and Business
Auto Liability in licu of cxelusive reliance of self-insurancc undcr s. 768.28 fs, MUNICIPALITY
shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit
for bodily injury or property damage.
MUNICIPALITY agrees to maintain Or to be self-insured for Worker's Compensation & Employer's
Liability insurance in accordance with Chapter 440, Florida Statutes.
When requested, MUNICIPALITY shall agree to provide an affidavit or Certitlcate of Insurance
3
evidencing insuHmce, ~clf-insurance and/or sovereign immunity status, which COUNTY agree~ to
recognize as acceptable for the above mentioned coverages.
Compliance with the toregoing requirements shall not relieve MUNICIPAlJTY ofils liability and
obligations under this Agreement.
ARTICLE 9 - INDEMNIFICATION
Each party shalll:e liable for its own actions and negligence and, to the extent permitted by law,
COUNTY shall indemnify, defend and hold hannless MUNICIPALITY against any actions, claims
or damages arising out of COUNTY'S negligcnce in conncction with this Agrcement, and
MUNICI PAl JTY shall indemnify, defend and hold harmless COUNTY against any actions, claims,
or damages arising out of MUNICIP AUTY' S negligence in connection \vith this Agreement. The
fore going i ndemn l fi cation shall not constitute a waiver 0 f sovereign immunity beyond the Ii mi ts set
forth in Scction 768.28, Florida Statutes, nor shall the same be constmed to constitute agreement by
either party to indemnify the othcr party for such other party's negligent, v"llful or intentional acts or
omissions.
ARTICLE 10 - SUCCESSORS AND ASSIGNS
Neither party shall assign, dclcgatc or othcrwise transfer its rights and obligations as set forth in this
Agreement to any other entity without the prior written consent of the other party.
ARTICLE 11 - REMEDIES
This Agreement shall be governed by the laws ofthe State of Florida. Any legal action necessary to
enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any
party is intended to be exclusive of any other remedy, and each and every such remedy shall be
cwnulative and shall be in addition to every oth~r remedy gi ven hereunder or nOW or hereafter
existing at law or in equity, by statute or othcnvise. No single or partial exercise by any party of any
right, power, or remedy hereunder shall preclude any other or further exerc-ise thereof. No provision
of this Agreement is intended to, or shall be construed to, create any third-party beneficiary or to
provide any rights to any person 01' entity not a party to this Agreement.
ARTICLE 12 . CONFLICT OF INTEREST
The MUNICIP AUTY represents that it presently bas no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the perfonnance of services required
hereunder, as provided for in Chapter 112, Part III, F]orida Statutes. The MUNICIPALITY further
represents that no person having any such conflict of interest shall bc cmploycd for said performance
of services.
4
The MUNICIPALITY shall promptly notify the COUNTY's representative, in writing, by certified
mail, of all potential conflicts of interest of any prospective business association, interest or other
circumstance which may influence or appear to influence the MUNICIPALITY 'S judgment or
qual ity 0 f services bei ng pro vi ded hereu nd er. Sue h \~Ti tten notificati on shall identif).the prospective
business assoc.ialion, inlere,t or circumstance, the nature ofwurk lhat the MUNICIPALITY may
undertake and request an opinion of the COUNTY as to whether the association, interest or
ci rc umstance would, in the opinion 0 f the COUNTY, constitute a conf] ict of interest if entered in to
by the IvIUNICIPALITY. The COUNTY agrees to noti/)' the MUNICIPALITY of its opinion by
certified mail within thirty (30) days of receipt ofnotifieation by the MUNICIPALITY. If, in the
opinion of the COUNTY, lhe prospecti~'e business as,ocialion, inlerest or circumstance would nol
constitute a conflict of interest by the MUNICIPALITY, the COUNTY shall so state in the
nolification and the MUNICIPALITY shall, at its option, enter into said association, interest or
circumstance and it shall be deemed not in contlict ofinterest wilhrespectto services provided to tbe
COUNTY by tbe MUNICIPALITY under the terms of this Agreement.
ARTICLE 13 - EXCUSABLE DELAYS
MUNICIPALITY shall not be considered in default by reason of any failure in performance if such
fai lure arise s out of cau se s reasona bly beyond the control 0 f MUNI C IP A LlTY or its subcontractors
and without their fault or negligence. Such causes include, bul are notlimiled to, acts of God, force
majeure, natural or public healtb emergencies, labor disputes, frcight embargoes, and abnormally
severe and unusual weather conditions.
Upon MUNICIPALITY'S request, the COUNTY shall consider the facts and extent of any failure to
perfonn the wurk and, if the MtTh'lCIPALlTY 'S failure to perform was without its or its
subcontractors fault or negligence, the Agreement schedule and/or any other affected provisiun of
this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, terminate,
or stop any or all of the work at any time.
ARTICLE 14-ARREARS
The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgement, lien, or any fonn of indebtedness. The
MUNICIP AUTY further warrants and represents that il has no obligation or indebtedness that would
impair its ability to fulfill the terms of (his Agreement.
ARTICLE 15- PUBLIC RECORDS
The MIJNICIPAIJTY shall comply v>'ith Florida's Public Records Law with regard to any
documents or other records relating to this Agreement.
5
ARTICLE 16 - INDEPENDENT CONTRACTOR RELATIONSHIP
The MUNICIPALITY is, and shall be, in the performance of all work services and activities under
thi s Agreement, an Indepen dent Contractor, an d not an employee, agent, or servant 0 fthe COUNTY,
All persons engaged ill any of the work or services performed pursuant to this Agreement shall at all
times, and in all places, be subject to the MUNICIPALITY'S sole direction, supervision, and
control. Thc MUNICIPALITY shall exercise control ovcr the means and manner in which it and its
employees perform the work, and in all respects the MUNICIPALITY'S relationship and the
relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as
employees or agents of the COUNTY.
Thc MUNICIPALITY docs not have the power or authority to bind the COUNTY in any promise,
agreement or representation.
ARTICLE 17 - CONTINGENT FEES
The MUNICIPALITY warrants that it has not employed or retained any company or person, other
than a bona lide employee "mrking solely for the MUNICIPALITY to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for the MUNICIPALITY, any fee, commission,
percentage, gin, or any other consideration contingent upon or resulting from the award or making
of this Agreement.
ARTICLE 18 - ACCESS AND AUDITS
The MUNICIPALITY shall maintain adequate records to justiry all charges, expenses, and costs
incurred in estimating and performing the work for at least three (3) years after completion or
termination of this Agreement. The COUNTY shall have access to sllch books, records, and
docllments as required in this section for the purpose of inspection or audit during normal husiness
hours, attbe MUNICIPALITY'S place ofbusiness.
ARTICLE 19 - NONDISCRIMINATION
The l>.flINICIP ALlTY warrants and represents that all of its employees are treated e{jually during
employment without regard Lo race, color, religion, disability, sex, age, national origin, ancestry,
marital status, or sexual orientation.
ARTICLE 20 - AUTHORITY TO PRACTICE
The MUNICIPALITY hereby represents and warrants that it has and will continue 10 maintain all
licenses and approvals required to conduct its business, and that it will at all times conduct its
business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to
tbe COUNTY's representative upon request.
6
ARTICLE 21 - SEVERABILITY
If any term or provi si on of thi s Agree ment, or the appl ic ation thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the
application of such terms or provision, to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 22- PUBLIC ENTITY CRIMES
As provided in ES. 287.132-133, by entering into this Agreement or performing any work in
furtherance hereof, the MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and
contractors who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services 'within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a).
ARTICLE 23 - SURVIV ABJLITY
Any covenant, agreement, representation, warranty or other provision of this Agreement that is of a
continuing nature or which by its language or its nature impo>es an obligation that extemls beyond
the ternl of this Agreement, induding but not limiled to representations relating to indemnification
and the disclosure or ownership of documents, shall survive the expiration or early termination of
this Agreement and the consummation oflhe transartions rontemplaled hereunder.
ARTICLE 24 - ]'iOTICE
All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand
del ivery or other deli vel)' ser\' i ce req uiri ng si gned acceptance. If sent to the COUNTY, notices shall
be addres sed to:
Palm Bcaeh County Firc-Rcscuc
405 Pike Road
West Palm Beach, FL 33411-38l 5
Attn: Fire-Rescue Administrator
If sent to the MUNICIPALITY, notlees shall bc addrcssed to:
City of Boynton Beach
Wilson Park John Denson Pool
225 N.W. 12" Ave
Boynton Beach, FL 33435
Attn: Suzette Percerelli, Pool Supervisor
ARTICLE 25 - FILING
A copy of this Agreement shan he filed with the Clerk of the Circuit Court in and for Palm Beach
County.
ARTICLE 26 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the MUNICIPALITY agree that this Agreement sets forth tbe entire agreement
between tbe parties, and that there are no promise, or understandings other tban those stated herein.
None of the provisions, tmns and conditions contained in this Agreement may be added to,
modificd, superseded or othel"\vise altered unless agreed to in writing by both parties. This
Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns
and successors in interest.
IN WITNESS WHEREOF, the Board or County Cummissionersoi'Palm Beach Cuunty, Florida has made and
executed this Agreement on bchalf orthe COUNTY, and MUNICIPALITY bas hereunto set its hand thc day and
ycar above wTitten.
WITNESS
PALM BEACH COUNTY, .'LORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
Signature
By:
Steven B. Jemuld, Fire-Rescue Administrator,
through Robert Weisman, County Administrator
Name (type or Print)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO TERMS
AND CONDITIONS
By
County Attorney
By
Palm Beach County Fire-Rescue
A TTF,ST:
CITY OF BOYI"TON BEACH, FLORIDA
By:
City Clerk
By:
Jerry Taylor, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
B
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The City of
Boynton Beach
225NW 12"-Ave.
Boynton Be-a~ FlDrida 33435
John Denson Pool.' (56/) 742-6645
FAX, (561)369-24J8
'LEARN TO SWIM PROGRAM
City of Boynton Beac1 John H. Denson Pool
225 NW t2'" Avenue Boynlon Baach Florida, 33435
Exhibit A
Parent and Tot, Level A and B
Adult guardians wm join their beginner children ages 5 & under, in an introductory class to Level
). Children willleam basic water safely skills and the fundamentals of swimming
Ratio: 1 in structo r fo revery 10 Chi Id ren
Levell. Introduction to Water Skills:
Children will learn basic water safety and swimming skills at a beginner level in order to
progress to the intermediate Leve! II.
Ratio: 1 instructor for every 6 Children
level II. Fundamental Aauatic Skills:
Children will learn basic water safety and swimming skills at an intermediate level in order to
prog ress to the a dva n ced Level III.
Ratio: 1 instructor for every 6 Children
levellll. Stroke Development: Children will practice stroke refinement at an advanced level in
order to advance 10 a skilled semi-competitive level. Swimmer must be able to swim at least 10
yards.
Ratio: 1 instructor for every 10 Children
level IV. Stroke Refinement: Children will practice stroke refinement at an advanced level in
order to advance to a skilled competitive level. Swimmer musl be able to swim at least 25 yards.
Ratio: 1 instructor for every 10 Children
Therapeutic Swim lessons:
Youth, ages 3 and over, will receive swim lessons based on their special needs.
Ratio: 1 instructor for every 3 Children
Cost: All learn to Swim classes are $30 for residents and $38 for non-residents per child. per
session.
. All classes subject to change due to inclement weather or staffing issues.
The City of
Boynton Beach
225 NW 12<^ Ave.
BoY11-Wr! lka.ch, F/on'da 33435
Ja,," .De"SO" Pool, (561) 742-6645
FAX /561)369-2418
Fall 2009 Week Dav Sessions
When: Tuesday - Friday
Session I: 9/29)2009 - 10/09/2009
Session II: 10/13/2009 - 10)23/2009
Session III: 10/27/2009 - 11/6/2009
Session IV: 11/10/2009 - 11/20/2009
Times: Per level
Levell
2:30 - 3:00 PM
3:00 - 3:30 PM
5:00 - 5:30 PM
5:30 - 6:00 PM
6:00 - 6:30 PM
leyelll
2:30 - 3:00 PM
3:00 - 3:30 PM
5:00 - 5:30 PM
5:30 ~ 6:00 PM
6:00 - 6:30 PM
Level III
4:00 - 4:30 PM
Parent and Tot
11:00 -11:30 AM
4:00 - 4:30 PM
Fall 2009 Saturdav Sessions
When: Saturday
Session I:
Session II:
Session III:
8/29/2009 - 9/19/2009
9/26/2009 - 10/17/2009
10/24)2009 - 11/14/2009
Times: Per level
level I
11:00-12:00AM
level II level III
11 :00 -12:00 AM 11:00 -12:00 AM
Fall 2009 Therapeutic Sessions
When: Tuesdays and Thursdavs
Session I: 9/29/2009 - 10/22/2009
Session II: 10/2712009 - 11/19/2009
Session III: 11/24/2009 - 12/17/2009
Times: 11:00 -11:30AM
The City of
Boynton Beach
225 NW 12''''- Ave.
RoYl'lwn .Be~ch. Flon'da 334.9S
John Denson: Pool: (561) 742-6645
FAX, (56J) 369.2<18
Spring 2010 Week Day Sessions
When: Tuesdav - Friday
Session I: 212/2010- 2/1212010
Session II: 211612010- 2/26/2010
Session III: 3/2/2010- 3/12/2010
Session IV: 3/16/2010 - 312612010
Sess ion V: 4/13/2010 - 4/2312010
Session VI: 4/27/2010 - 51712010
Session VI!: 5/11/2010 - 512112010
Times: Per Level
Levell
2:30 - 3:00 PM
3:00 - 3:30 PM
5:00 - 5:30 PM
5:30 - 6:00 PM
6:00 - 6:30 PM
Level II
2:30 - 3:00 PM
3:00 - 3:30 PM
5:00 - 5:30 PM
5:30 - 6:00 PM
6:00 - 6:30 PM
level III
4:00 - 4:30 PM
Parent and Tot
11 :00 - ' 1:30 AM
4:00 - 4:30 PM
Spring 2010 Saturday Sessions
When: Saturday
Sessinn I:
SessiJn II:
SessiJn III:
2/612010 - 2/271201 0
3/6/2010 - 312712010
4/10/2010 - 5/112010
Times: Per Level
Levell Levell! Level HI
11:00 - 12:00 AM 11:00 - 12:00 AM 11 :00 - 12:00 AM
Sprina 2010 Theraoeutic Sessions
When: Tuesdav - Friday
Session I: 312/2010 - 3/12/2010
Session II: 3/16/2010 - 3/2612010
Session III: 4/13/2010 -4/23/2010
Session IV: 4/27/2010 - 5/7/2010
Times: 11 :00 - 11 :30 AM
Level IV
4:00 - 4:30 PM
The City of
Boynton Beach
:225 NW I?" Ave.
BoyntlJ'f'l8e-Qch, Flon"da. .1..'1435
John DeriSO!! Pool: (561) 742-6645
FAX: (55JI 369.2118
Summer 2010 Week Dav Sessions
When: Tuesdav - Fridav
Sessi on I: 6/8/2010 - 6/18/201 0
Session II: 6/22/2010 - 71212010
Session III: 7/612010 - 7/16/2010
Session IV: 712012010 - 7/3012010
Sessior! V: 8/3/2010 - 8/1312010
Times: Per level
level (
9:00 - 9:30 AM
9:30 -10:00 AM
10:00-10:30 AM
1O:30-11:00AM
level II level III level IV
9:00 - 9:30 AM 11 :30 - 12:00 PM 11 :30 - 12:00 PM
9:30-10:00AM
10:00 - 10:30 AM
Parent and Tot
11:30 -12-00 PM
Summer 2010 Saturdav Sessions
When: Saturdav
Sessior!l:
Session II:
Session III:
6/5/2010 - 6/2612010
7/1012010 -7/31/2010
81712010 - 8/28/2010
Times: Per level
level I level II level III
11:00- 12:00 AM 11:00 -12:00AM 11:00 -12:00 AM
Summer 2010 Therapeutic Sessions
When: Tuesdav - Fridav
Session I: 6/22/2010 - 7/2/2010
Session II: 7/612010 -7/16/2010
Session III: 712012010 - 7/30/2010
Times: 11:00-11:30AM
INTERLOCAL AGREEMENT
FOR SWIMMING LESSONS
This Agreement is made as ofthe_ day of ,20_, by and between Palm Beach County,
a Political Subdivision of the State of Florida, by and through its Board of Commissioners,
hereinafter referred to as the COUNTY, and the City of Boynton Beach, a Florida municipal
corporation located in Palm Beach County, florida.(hcrcinaftcr referred to as "MUNICIPALITY").
WHEREAS, COUNTY, through its Drowning Prevention Coalition's ("DPC") Learn to
Swim Program, distributes vouchers to the public which may be redeemed for s....'imming lessons at
designated aquatic facilities within Palm Beaeh County; and
WHEREAS, the parties desire to enter into this Agreement for MUNICIPALITY to provide
swimming lessons as part of the DPe Learn to Swim Program, and to deline the parties'
responsibilities relating thereto.
WHEREAS, Section 163.01, Florida Statutes, known as the "FlOlida Interlocal Cooperation Act of
1969," authorizes local governments to make the most eflicient use of their power by enabling them
to cooperate with other localities on a basis of mutual advantage and thercby to provide services and
facilities that will harmonize geographic, economic, population and other factors influencing the
needs and development of local communities.
NOW THEREFORE, in consideration of the mutual covenants and promises contained
herein, the COUNTY and the MUNICIPALITY agree as follows:
ARTICLE I - SERVICES
MUNIerp A LITY shall offer and provide swimming lesson classes to individuals who present
VOLlchers issued by the DPC Leam to Swim Program. Each class to be offered and provided shall
consist of a series of at least six swimming lessons and shall be identi fied in .Exhibit' A, attached
hereto and incorporated herein, Exhibit A shall set forth the name, type, swimming level, dates,
location, minimum participation requirements, if any, and MUNICIPALITY's usual and customary
fee for each class. MUNICIPALITY shall not charge voucher holders for any sVvim class for which
MUNICIPALITY's usual and customary fee is $50.00 or less. If MUNICIPALITY's usual and
customary fee for a swim class is more than $50.00, then the maximum fee that MUNIerp ALITY
may charge voucher holders for said class is its usual and customary fee minus $50.00. Said classes
may be open to the public and arc not restricted to voucher holders.
The swimming lesson classes shall be provided at MUNICIPALITY'S aquatic facility.
MUNICIPALITY agrees to provide and maintain its facility in a safe, clean and hygienic manner and
in accordance with all safety and health standards and all other applicable laws and regulations.
MUNICIP ALlTY agrees to provide and maintain in proper working order all equipment necessary to
provide and maintain the services and facility as provided herein. MUNICIPALITY represents and
1
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warrants that its aquatic facility is in compliance, and shall continue to be in compliance, with
Section 514.03 L Florida Statutes, all applicable rules and requirements of the State and County
Health Departments, and all other applicable laws, rules and regulations. Prior to execution of this
Agreement, MUNICIPALITY must provide to COUNTY copie~ of the facility's current operating
permit and most current inspection report, which must evidence a satisfactory inspcction.
MUNICIPALITY shall perform the serviccs set forth herein in accordance with all applicable
laws, mle$ and regulations, and in a competent, professional, safe and responsible manner with full
regard for the safety of the participants. MUNICIPALITY agrees and warrants that all swimming
instructors utilized by MUNlelP ALlTY (0 provide lessons hereunder shall be certified as required
by Section 514.071, Florida Statutes, and any other applicable laws, rules and regulations.
MUNICIPALITY shall provide proof of such certifications to COUNTY'S representative upon
request. MUNICIPALITY represent~ and warrants that it has in place, and shall continue to
maintain, a drug-free workplace policy.
ARTICLE 2 - COMMENCEMENT AND TERM
This Agreement shall commenCe on October 1,2009 and shall remain in effect until September 30,
2010.
ARTICLE 3 - PAYMENTS TO MlJNICIPALITY
A. For swimming classes provided by MUNICIPALITY in exchange for DPC Learn to Swim
Program vouchers, COUNTY shall pay MUNICIP ALlTY its usual and customary fee per
class as set forth in Exhibit A hereto, up to 1:1 tll1:lximum of$50.00 per cll:lss series provided
to a voucher holder. As provided in Resolution No, R-2005-1906, the total payments to all
swimming lesson providers utilized in the DPC Learn to Swim Program for each fiseal year
shall not exceed the amount budgeted by COUNTY for this purpose for said fiscal year.
B. MUNICIPALITY shall invoice COUNTY monthly based on the number of swimming lesson
classes provided hereunder. Invoices shall include a list of the names and contact
information of students to whom lessons were actually provided, the name, dates, and times
of the classes provided, and any other documentation deemed necessary by COUNTY to
verify th1:lt services have been rcndered in contormity with (his Agreement and any applicable
OPC Learn to Swim Program criteria, policies and procedures.
ARTICLE 4 - TERMINATION
The COUNTY 111a)' telTTlinate this Agreement at any time upon written notice to the
MUNICIPALITY with or without cause and without penalty, damages or recourse against
COUNTY, MUNICIP ALlTY may terminate this Agreement upon thirty days (30) days' prior written
notice to the COUNTY.
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ARTICLE 5 - PERSONNEL
The MUNICIPALITY represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services w1der this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the COUNTY.
All of the services required hereunder shall be performed by the MUNICIPALITY or under its
supervision, and all personnel engaged in perfom1ing the services shall be fully quali lied and, if
required, authorized and permitted under state and loeallaw to perform sueh services.
The MUNICIPALITY warrants that all services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 - SUBCONTRACTING
MUNICIPALITY may not, without written approval of COUNTY, subcontract any rights,
responsibilities or obligations under this Agreement.
ARTICLE 7 - AVAILABILITY OF FUNDS
The COUNTY'S perfol1mmce under this Agreement for subsequent fiscal yems is contingent upon
annual appropriations for its purpose by the Board or County Commissioners and subject to the
provisions of Palm Beach County Resolution No. R-2005-I906. The MUNICIPALITY'S
performance under this Agreement for subsequent fiscal years is contingent upon annual
appropriations for its purpose by its governing body.
ARTICU:' 8 - INSURANCE
Without waiving the right to sovereign immunity as provided by s.768.28fs., MUNICIPALITY
acknowledges to be self-insured for General Liability and Automobile Liability under Florida
sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per
Occurrence; or sllch monetary waiver limits that may change and be set forth by the legislature,
In the event MUNICIPALITY maintains third-party Commercial General Liability and Business
Auto Liability in lieu of exclusive reliance of self-in sura nee under s.768.28.fs. MUNICIPALITY
shall agree to maintain said im;LLranc~ policie8 at limits not less than $500,000 combined single limit
for bodily injury or property damage.
MUNICIP ALlTY agrees to maintain or to be self-insured for Worker's Compensation & Employer's
Liability insurance in accordance with Chapter 440, Florida Statutes.
When requested, MUNICIPALITY shall agree to provide an affidavit or Certificate of Insurance
3
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evidencing insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees to
recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and
obligations under this Agreement.
ARTICLE 9 - INDEMNIFICA nON
Each party shall be liable for its own actions and negligence and, to the extent permitted by law,
COUNTY shall indemni (y, defend and hold hal1nless MUNICIPALITY against any actions, claims
or damages arising out of COUNTY'S negligence in connection with this Agreement, and
MUNICIP ALITY shall indemnify, defend and hold harmless COUNTY against any actions, claims,
or damages arising out of MUNICIPALITY'S negligence in connection with this Agreement. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set
forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by
either party to indemnify the other party for such other party's negligent, willful or intentional acts or
omISSIons.
ARTICLE 10 - SUCCESSORS AND ASSIGNS
Neither party shall assign, delegate llT otherwise transfer its rights and obligations as set forth in this
Agreement to any other entity without the prior written consent of the other party.
ARTICLE 11 - REMEDIES
This Agreement shall be governed by the laws of the State of Florida, Any legal action necessary to
enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any
party is intended to be exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder Or nOw Or hereafter
existing at law or in equity, by statute or otherwise. No single or partial exercise by any party orany
right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision
of this Agreement is intended to, or shall be construed to, create any third-party beneficiary or to
provide any rights to any person Or entity not a party to this Agreement.
ARTICLE 12 - CONFLICT OF INTEREST
The MUNICIPALITY represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
hereunder, as provided for in Chapter 112, Part III, Florida Statutes. The MUNICIPALITY further
represents that no person having any such conflict of interest shall be employed for said performance
of services.
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The MUNICIP ALlTY shall promptly notiry the COUNTY's representative, in writing, by certified
mail, of all potential conflicts of interest of any prospective business association, interest or other
circumstance which may inJluenee or appear to influence the MUNICIPALITY'S judgment or
quality of services being provided hereunder. Such written notification shall idcntifythc prospective
business association, interest or circumstance, the nature of work that the MUNICIPALITY may
undertake and requesL an opinion of the COUNTY as to whether the association, intereSL or
circumstance would, in thc opinion of the COUNTY, constitute a cont1iet of interest if entered into
by the MUNICIPALITY. The COUNTY agrees to notify the MUNICIPALITY of its opinion by
certil1ed mail within thirty (30) days of receipt of notification by the MUNICIPALITY. If, in the
opinion ofthe COUNTY, the prospective business association, intereSL or circumstance would not
constitute a conflict of interest by the MUNICIPALITY, the COUNTY shall so state in the
notification and the MUNICIP ALlTY shall, at its option, enter into said association, interest or
circumstance and it shall be deemed not in conflict of interest with respect to services provided to the
COUNTY by the MUNICIPALlTY under the len11S of this Agreement.
ARTICLE 13 - EXCUSABLE DELAYS
MUNICJP ALITY shall not be considered in default by reason of any failure in performance if such
failure arises out of causes reasonably beyond Lhe control ofMUNlCIP ALlTY or iLs Sl.lbconLracLors
and without their fault or negligence. Such causes include, but are not limited to, acts of God, force
majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally
severe and unusual weather conditions.
Upon MUNICIP ALlTY' S request, the COUNTY shall consider the facts and extent of any fbiluTC to
perform the work and, if the MUNICIPALITY'S failure to perform was without its or its
subcontractors fault or neg]jgence, the Agreement schedule and/or any other affected provision of
this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, tenuinate,
or SLOp any or all of the work aL any time.
ARTICLE 14 - ARREARS
The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgement, lien, Qr any fOlT]l of indebtedness. The
MUNlCIP ALITY further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the tenus of this Agreement.
ARTICLE 15 - PUBLIC RECORDS
'fhe MUNICIPALITY shall comply with Florida's Public Records Law with regard La any
documents or other recQrds relaLing LO this Agreement.
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ARTICLE 16" INDEPENDENT CONTRACTOR RELATIONSHIP
The MUNICIPALITY is, and shall be, in the performance of all work services and activities under
this Agreement, an Independent Contractor, and not an employee, agent, or servant ofthe COUNTY.
All persons engaged in any of the work or services perfomled pursuant to this Agreement shall at all
times, and in all places, be subject to the MUNICIP ALlTY 'S sole direction, supervision, and
control. The MUNICIPALITY shall exercise control over the means and manner in which it and its
employees perform the work, and in all respects the MUNICIP ALJTY'S relationship and the
relationship of its employees to the COUNTY shall be that o1'an Independent Contractor and not as
employees or agents ofthc COUNTY.
The MUNICIPALITY does not have the power or authority to bind the COUNTY in any promise,
agreement or representation,
ARTICLE 17 - CONTINGENT :FEES
The MUN1CIPALITY warrants that it has not employed or retained any company or person, other
than a bona [ide employee working solely for the MUNICIPALITY to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for the MUNICIP AUTY, any fec, commission,
percentage, gift: , or any other consideration contingent upon or resulting from the award or making
of this Agreement.
ARTICI~E 18 - ACCESS AND AUDITS
The MUNICIP ALlTY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the work for at least three (3) years after completion or
termination of this Agreement. The COUNTY shall have access to such books, records, and
documents as reqllired in this section for the purpose of inspection or audit during normal business
hours, at the MUNICIPALITY'S place of business,
ARTICLE 19 - NONDISCRIMINATION
The MUNICIPALITY warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, or sexual orientation.
ARTICLE 20 " AUTHORITY TO PRACTICE
The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business, and that it will at all times conduct its
business activities in a reputable manner. Proof of sueh licenses and approvals shall be submitted to
the COUNTY's representative upon request.
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ARTICLE 21 - SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the
application of such terms or provision, to persons or circumstances other than those as to which it is
held invalid or unentorceable, shall not be aClected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 22- PUBLIC ENTITY CRIMES
As provided in F.S. 287.132-133, by entering into this Agreement or perfonning any work in
furtherance hereof, the MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and
contractors who will perform hereunder, have not been placed On the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a).
ARTICLE 23 - SURVIVABILITY
Any covenant, ab'Teement, representation, warranty or other provision of this Agreement that is ofa
continuing nature or which by its language or its nature imposes an obligation that extends beyond
the term of this Agreement, including but not limited to representations relating to indemnification
and the disclosure or ownership of documents, shall survive the expiration or early termination of
this Agreement and the consummation of the transactions contemplated hereunder.
ARTICLE 24 - NOTICE
All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand
delivery or other delivery service requiring signed acceptance. Ifsent to the COUNTY, notices shall
be addressed to:
Palm Beach County Fire-Rescue
405 Pike Road
West Palm Beach, FL 33411-3815
Attn: Fire-Rescue Administrator
If sent to the MUNfCIP AT.lTY, notices shall be addressed to:
City of Boynton Beach
Wilson Park John Denson Pool
225 N.W. Ith Ave
Boynton Beach, FL 33435
Attn: SLLzette Peccerelli, Pool Supervisor
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ARTICLE 25 - FILING
A copy of this Agreement ~hall be filed with the Clerk of the Circuit Court in and for Palm Beach
County.
ARTICLE 26 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the MUNlCIP ALITY agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of thc provisions, tcrms and conditions contained in this Agreement may be added to,
modi lied, superseded or otherwise altered unless agreed to in writing by both parties. This
Agreement shall inure to the bcnel1t of and shall be binding upon the parties, theirrespeclive assigns
and ~ucce~sor~ in interest.
IN WITNESS WHEREOF, the Board oCCounty Commissioners of Palm Beach County, Florida has made and
executed this Agreement on behalf of the COUNTY, and MUNICIPALITY has hereunto set its hand the day and
year above written.
WITNESS
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
Signature
By:
Steven B. Jerauld. Fire,Rescue Administrator.
through Robert Weisman, County Administrator
Name (type or Print)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO TERMS
AND CONDITIONS
By
County Attorney
By
Palm Beaeh County Fire-Rescue
ATTEST:
CITY OF BOYNTON BEACH, FLORJOA
By:
City Clerk
By:
Jerry Taylor, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
8
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EXHIBIT" AT!
9
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The City of
Boynton Beach
225 NW 12'" AuB.
Boynton Bea.ch, Florida 33435
JOlltl Denson Pool: (561) 742-66'/5
FAX: (56,1)369-2418
"LEARN TO SWIM PROGRAM
City of Boynton Beach John H. Denson Pool
225 NW 121h Avenue Boynton Beach Florida, 33435
Exhibit A
Parent and Tot. Level A and B
Adult guardians will join their beginner children ages 5 & under, in an introductory class to Level
I. Children will learn basic water safety skills and the fundamentals of swimming
Ratio: 1 instructor for every 10 Children
Levell, Introduction to Water Skills:
Children will learn basic water safety and swimming skills at a beginner level in order to
progress to the intermediate Levell!.
Ratio: 1 instructor for every 6 Children
Level II. Fundamental Aquatic Skills:
Children wllllearn basic water safety and swimming skills at an intermediate level in order to
progress to the advanced Level III.
Ratio: 1 instructor for every 6 Children
Level III. Stroke Development: Children will practice stroke refinement at an advanced level in
order to advance to a skilled semi-competitive level. Swimmer must be able to swim at least 10
yards,
Ratio: 1 instructor for every 10 Children
Level IV. Stroke Refinement: Children will practice stroke refinement at an advanced level in
order to advance to a skilled competitive level. Swimmer must be able to swim at least 25 yards.
Ratio: 1 instructor for every 10 Children
Therapeutic Swim Lessons;
Youth, ages 3 and over, will receive swim lessons based on their special needs.
Ratio: 1 instructor for every 3 Children
Cost: All Learn to Swim classes are $30 for residents and $38 for non-residents per child, per
session.
* All classes subject to change due to inclement weather or staffing issues,
- 527 -
The City of
Boynton Beach
22$ NW 12''' Ave.
&JyrUQn F./each, Florida 33435
Jolm Oenson Foot (S61) 742-6645
FAX: (551)369-2418
Fall 2009 Week Day Sessions
When: Tuesday - Friday
Session I: 9/29/2009 - 10/09/2009
Session II: 10/13/2009 - 10/23/2009
Session III: 10/27/2009 - 11/6/2009
Session IV: 11/10/2009 -11/20/2009
Times: Per Level
Levell
2:30 - 3:00 PM
3:00 - 3:30 PM
5:00 - 5:30 PM
5:30 - 6:00 PM
6:00 - 6:30 PM
Level II
2:30 - 3:00 PM
3:00 - 3:30 PM
5:00 - 5:30 PM
5:30 - 6:00 PM
6:00 - 6:30 PM
Level III
4:00 - 4:30 PM
Parent and Tot
11 :00 - 11 :30 AM
4:00 - 4:30 PM
Fall 2009 Saturday Sessions
When: Saturday
Session I:
Session II:
Session III:
8/29/2009 - 9/19/2009
9/26/2009 - 1 0/17/2009
10/24/2009 - 11/14/2009
Times: Per Level
Levell Levelll Level III
11 :00 - 12:00 AM 11:00 - 12:00 AM 11 :00 -12:00 AM
Fall 2009 Therapeutic Sessions
When: Tuesdays and Thursdays
Session I: 9/29/2009 - 10/22/2009
Session II: 10/27/2009 -11/19/2009
Session Ill: 11/24/2009 -12/17/2009
Times; 11 :00 - 11 :30 AM
- 528 -
The City of
Boynton Beach
225 NW 12'" Aoo.
BoWl1em Beach. Florida 33435
John Denson Pool; (56]) 742.(j(j45
FAX: (561) 369-2418
Sluina 20J 0 Week Day Sessions
When: Tuesdav - Friday
Session I: 2/2/2010- 2/12/2010
Session II: 2/16/2010 - 2/2612010
Session III: 3/2/2010-3/12/2010
Session IV: 3/16/2010 - 3/26/2010
Session V: 4/13/2010 - 4/2312010
Session VI: 4/27/2010 - 5/7/2010
Session VU: 5/1112010 - 5/2112010
Times: Per level
level I
2:30 - 3:00 PM
3:00 - 3:30 PM
5:00 - 5:30 PM
5:30 - 6:00 PM
6:00 - 6:30 PM
Parent and Tot
11 :00 -11;30 AM
4:00 - 4:30 PM
Level II
2:30 - 3:00 PM
3:00 - 3:30 PM
5:00 - 5:30 PM
5:30 ~ 6:00 PM
6:00 - 6:30 PM
level III
4:00 - 4:30 PM
S~rJng 2010 Saturday Sessions
When: Saturday
Session I:
Session II:
Session III:
Times: Per Level
level I
11 :00 -12:00 AM
2/612010 - 2/27/2010
3/612010 - 3/27/2010
4/10/2010 - 5/112010
Level II level III
11 :00 -12:00 AM 11 :00 -12:00 AM
Sprina 2010 Therapeutic Sessions
When: Tuesday - Friday
Session I: 312/2010- 3/12/2010
Session II: 3/16/2010- 3/26/2010
Session III: 4/13/2010 - 4/23/2010
Session IV: 4/27/2010 - 5/7/2010
Times: 11:00-11:30AM
- 529 -
level IV
4:00 - 4:30 PM
The City of
Boynton Beach
225 NW 12t" Aw.
Boynton Beach, Florida 33435
John Denson Pool: (56]) 742.6615
FAX: (561}369-24]8
Summer 2010 Week Day Sessions
When: Tuesday - Fridav
Session I: 6/8/2010 - 6/18/201 0
Session II: 6/22/2010 - 7/2/2010
Session Ill: 7/6/2010 - 7/16/201 0
Session IV: 7/20/2010 - 7/30/2010
Session V: 8/312010-8/13/2010
~ Per Level
~
9:00 - 9:30 AM
9:30 -10:00 AM
10:00 -10:30 AM
10:30 -11 :00 AM
~ Level III Level IV
9:00 - 9:30 AM 11 :30 - 12:00 PM 11 :30 - 12:00 PM
9:30 - 10:00 AM
10:00 - 10:30 AM
Parent and Tot
11 :30 - 12-00 PM
Summar 2,0,10 Saturday Sessions
When: Saturdav
Session I:
Session II:
Session III:
6/5/2010 - 6/26/2010
7/10/2010 -7/31/2010
8/7/2010- 8/28/2010
~ Per Level
Levell Level II Level III
11:00-12:00 AM 11:00 -12:00 AM 11:00-12:00AM
Summer 2010 TheraD8utic S,8ssions
When: Tuesday - Friday
Session I; 6/22/2010 - 7/212010
Session II: 7/6/2010 -7/1612010
Session Ill: 7/20/2010 - 7/30/2010
I!.!:lJu.:. 11 :00 - 11 :30 AM
- 530 -
6. R
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Proposed Resolution Number R09-161 -- Approve the FY
2008-09 (a) transfer of budgeted funds from the Fire Assessment Fund to the General Fund in the
amount of $3, 174,665 and (b) increase the General Fund authorized appropriation and related budget of
such funds in the same amount of $3,174,665.
EXPLANATION OF REQUEST: In the FY 2008-09 budgeted appropriations, and consistent with recent
years, personnel services and other expenditures related to twenty four (24) firefighters had been
budgeted, expended and accounted for in the Fire Assessment Fund. However, the accounting for such
expenditures is more appropriately expended from and accounted for in the General Fund along with all
other expenditures of the Fire Department.
In turn, the provision for funding of these Fire Department expenditures can be provided to the General
Fund by the Fire Assessment Fund to the extent such monies are available, allocable and appropriated
for fire rescue services, facilities and programs. This was accomplished.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no affect on fire programs or services.
This is merely a "housekeeping" item of the Financial Services Department for the preferred method of
accounting that was implemented in FY 2008-09.
FISCAL IMPACT: There is a net "zero" impact on both the General Fund and the Fire Assessment Fund
as follows.
. Fire Assessment Fund: 305-4118-580-xx-xx
o $3,174,665 reduction of expenditures
o $3,174,665 increase of transfers to the General Fund
. General Fund: 001-2210-522-xx-xx
o $3,174,665 increased transfers from (funding source) the Fire Assessment Fund.
o $3,174,665 increase of expenditures (funding use)
- 531 -
ALTERNATIVES: None as the above-referenced expenditures were made in the General Fund for FY
2008-09 and this action merely provides the funding for these costs.
- 532 -
RESOLUTION 09-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING
THE FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008,
AND ENDING SEPTEMBER 30, 2009 BY TRANSFERRING BUDGETED FUNDS
FROM THE FIRE ASSESSMENT FUND TO THE GENERAL FUND IN THE
AMOUNT OF $3,174,665.00 AND INCREASING THE GENERAL FUND
APPROPRIATION IN THE AMOUNT OF $3,174,665.00 FOR THE PERSONNEL
SERVICES AND OTHER EXPENDITURES RELATED TO TWENTY-FOUR (24)
FIREFIGHTERS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN
EFFECTIVE DATE.
WHEREAS, a final budget was approved by the City Commission on September 18, 2008, for
the 2008/09 fiscal year; and
WHEREAS, in recent years, personnel services and other expenditures related to twenty-four
(24) firefighters had been budgeted, expended and accounted for in the Fire Assessment Fund; and
WHEREAS, the accounting for such expenditures is more appropriately expended from and
accounted for in the General Fund along with all other expenditures of the Fire Department; and
WHEREAS, staff recommends approving this housekeeping item of the Financial Services
Department for the preferred method of accounting that was implemented in Fiscal Year 2008-09.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. That the final budget of the City of Boynton Beach, Florida, for the fiscal year
beginning October 1, 2008, and ending September 30, 2009, is hereby amended by providing for a
transfer of $3,174,665.00 budgeted in 2008/09 from the Fire Assessment Fund to the General Fund
and increase the General Fund appropriation by $3,174,665.00 for personnel services and other
expenditures related to twenty-four (24) firefighters which had been budgeted, expended and
accounted for in the Fire Assessment Fund.
Section 3. All delinquent taxes collected during the ensuing fiscal year as proceeds from
levies of operation millages of prior years are hereby specifically appropriated for the use of the General
Fund.
Section 4.
If any clause, section or other part of this Resolution shall be held by any court
of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall
be considered as eliminated and shall in no way affect the validity of the remaining portions of this
- 533 -
Resolution.
Section 5.
If any clause, section or other part of this Resolution shall be held by any court
of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall
be considered as eliminated and shall in no way affect the validity of the remaining portions of this
Resolution.
Section 6.
All Resolution or parts of Resolution in conflict herewith are hereby repealed to
the extent of such conflict.
PASSED AND ADOPTED this _ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST:
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 534 -
6. S
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Accept the monthly report on the major projects being
completed by the Recreation and Parks Department.
EXPLANATION OF REQUEST:
PARK BUDGET STATUS
AMOUNT
Barton Greenway $116,070 The IBI Group has completed the 100% construction
plans, which have been sent to South Florida Water
Management District for review. 100% funded by
FDOT. No City funds required.
Boat Club $417,500 Recommendation for contractor has been sent to
Procurement. Funding in the amount of $375,000 is
provided by Palm Beach County.
Jaycee Park $400,000 Project is underway. Anticipated completion date of
Boardwalk October 31. Contract amount with 10% contingency is
$231,000.
Oceanfront $2,400,000 Project was sent to bid on October 21. Target for
Boardwalk commencement of construction is early December.
Palmetto $400,000 The IBI Group has completed the 100% construction
Greenway plans which have been sent to South Florida Water
Extension Management District for review. 100% funded by
FDOT. No City funds required.
Pence Park $100,000 Conversion of the softball field to a multipurpose field
Renovation has begun. Target completion date is the end of
September.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? For purposes of this report, N/A
- 535 -
FISCAL IMPACT: For purposes of this report, N/A
ALTERNATIVES: For purposes of this report, N/A
- 536 -
6. T
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 10/20/09
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Release all surety for the water and sewer systems for the
project known as Waterside, including the surety for offsite improvements, in the amount of $48,825.65,
and refunding this amount to Southem Homes of Palm Beach, LLC, the developer of the project.
EXPLANATION OF REQUEST: Two separate cash sureties were posted for this project's water and sewer
improvements. The first was in the amount of $21,870.75, and the second in the amount of $26,954.90.
All water and sewer improvements have been completed, and have operated satisfactorily through the
warranty period. This surety may therefore be refunded by issuing a check to the developer as follows:
Mr. Hector Garcia
SOUTHERN HOMES OF PALM BEACH, LLC
12895 S.W. 132nd Street
Suite 200
Miami, Florida 33186
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact.
FISCAL IMPACT: None
AL TERNATIVES: None. The City has no alternative to releasing this surety upon satisfaction of all
requirements.
- 537 -
MEMORANDUM
UTILITIES DEPARTMENT
TO:
Mal)' Munro, Asst. to the Director, Finance Department (wforiginal & check)
Jim Cherof, City Attorney (wfoopy)
Peter Mazzella, Deputy Director of Utilities Ii.-
FROM:
DATE:
December 8, 2006
SUBJECT{SW~ Cash Bond Transmittal
Enclosed is a cash bond form as surety warranting the water and sewer improvements for
the subject project. Please review this form, and if acceptable, retain for further use. A
check from Southern Homes in the amount of$26,954.90 is also included (Finance only)
and comprises the cash surety for 5% of the value of the water and sewer systems.
If you find any deticiencies in this cash bond form, or have any questions regarding it,
please contact me directly.
Attachment
Xc: Laurinda Logan, Engineering
"cc,"'rzIi"1I>
CASH BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, SOTHERN HOMES OF PALM BEACH. LLC bv SOUTHERN HOMES OF
BROWARD. INC.. its Manager hereinafter called PRINCIPAL, tenders unto the City of
Boynton Beach, a political subdivision of the State of Florida, hereinafter called CITY, the fuIl
and just sum of Twentv Six Thousand. Nine Hundred and Fiftv Four and Ninetv Cents U. S.
Dollars ($26.954.90), lawful money of the United States of America, to which payment well and
truly made, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, furnly by these presents:
WHEREAS, the above bound PRINCIPAL has received approval from the CITY fur the
construction of a certain project known as WATERSIDE. and such project shall Cbnstruct and
install the required public improvements to support the Project pursuant to the terrIl'l of the
Permit, and
WHEREAS, PRINCIPAL has been issued that certain Water distribution and Sewa€:e
Collection Svstem Permit, hereinafter the PERMIT, for construction of said Required
Improvements, a copy of which is attached hereto and by reference made a part hereof; and
WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this
bond be executed.
NOW, THEREFORE, the conditions of this obligation are such that if the above bound
PRINCIPAL shall in all respects comply or cause others to comply with the terms and conditions
of said PERMIT, within the time specified, and shall in every respect fulfill its obligation
hereunder and under the plans therein referred to, then this obligation to he void; otherwise, to be
and remain in full furcc and effect.
The PRTNCIP AL and CITY agree that the City Engineer may, in writing, reduce the
initial amount stated above in accordance with the requirements of said REGULATIONS.
The PRINCIPAL unconditionally convenants and agrees that if the PRINCIPAL fails to
perform within the time specified by the PERMIT, all or any part of [its][his][her][their]
obligation e&iablished by said PERMIT and the REGULATIONS, the CITY, upon thirty (30)
days written notice from the CITY or its authorized agent to the PRINCIPAL or its authorized
agent or officer, shall, at CITY'S option, have the right to complete the PRINOPAL'S
obligation or, pursuant to public advertisement and receipt of bids, cause to be completed these
aforesaid improvements in the case the PRINCIPAL should fail to or refuse to do so in
accordance with the terms of the PERMIT. In the event the CITY should exercise and give
effect to such right, the PRINCIPAL shall be liable and the monies tendered hereby shall be used
to reimburse the CITY the total cost thereot; including, but not limited to, engineering, legal, and
contingent costs, together with any damages either direct or consequential, which may be
Page 1 of2 pages
sustained on account ofthe fuilure of the PRINCIPAL to carry out and execute all the terms and
provisions of the PERMIT.
IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this 5. day of
December. 2006.
(CORPORATE SEAL)
lcer: Southern Homes of
ATTEST:
(Impressionable corporate seal)
thern Homes of Broward, Inc. Its
Florida corporation, licensed to do
Florida.
ADDRESS: 12900 S.W. 128th Street. Suite 100
Miami Florida 33186
STATE OF Florida)
COUNTY OF Miami-Dade)
BEFORE ME personally appeared Hector Garcia who is personally known to me, or
has produced as identification, and who executed the foregoing
instrument as Chief Executive Offieer of Southern Homes of Broward. Ine.. a corporation,
and severally acknowledged to and before me that he executed such instrument as sueh offieer of
said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said
corporation and that it was affixed to said instrument by due and regular corporate authority, and
that instrument is the free act and deed of said corporation.
WITNESS my hand and official seal this ~ da
December, 2006
My commission expires:
,~-t. V!mm;a Ann Cecicco
~'~i.l Commission # OD316038
%'. . : EXi-.:res May 4, 2008
-~jf.'l" ~'I'::JYF'.n.l~tfto:.~019
Page 2 of2 pages
rcml
~
CARLOS J. BALLBE, P.A.
Consulting Engineers
Broward Countv:
4863 Northeasl4" Avenue
Fort lauderdale, Florida 33308
Phone (954) 491-7811
Fax (954) 491-7825
December 5, 2006
Mr. Brent Allen
Utilities Department
CTIY OF BOYNTON BEACH
124 East Woolbright Road
Boynton Beach, Florida 33435
Re: WATERSIDE
Project Number 220953
Dear Brent:
w
Dade County:
12945 Southwest 1 32"' Street
Unit 5
Miami, Florida 33186
Phone (305) 253-1970 0
Fax (305) 253-0897
i[~ ~ @ [@ JJ 'y :Zns
r 2Cffi
B(JVNTOM BEACH UTiL!TlES
Pursuant to your request, enclosed please fmd a check in the amount of26.954.90 made payable to
the City of Boynton Utilities Department for the maintenance bond at the above referenced project,
calculated as follows:
Water distributions system cost =
Sewage collection system cost =
Total =
5% maintenance bond requirement =
$300,390.00
$238,168.00
$538,558.00
$26.954.90
If you have any questions or require any additional information, plcase do not hesitate to call our
office.
Sincerely,
cc:
CAR
ctor Garcia, SOUTHERN HOMES
C~,DATA\rro~\~~09B - Watmidc"CcrtiOC.aJjOll.l\BOyoloo.maiut bond....-p4
t:llU\.H II.J;VUU:jYI \....11 l' ur tlV.I 1"l.lUJ.'\I.D\.,...n U 1IL11J.J:..:) ":'.;:11 i:)OUU1t::JUnUUl~ UI l'<tllll D~..U;n, LL\....
..R';:[Nbr. Invoice Nbr illvc Date Invoice Desc Invoice Amount Amount Paid
U.f<t,"::VUb
Net Check Ami
070674 12/4/2006 12/04/06 26,954.90 26,954.90 26,954.90
Check No:
005952
11'005 q 5211' ':0 i:. 70 W 50 q.: 20B 200 ? ~ qoll'o i:.
, 1.
MEMORANDUM
UTILITIES DEPARTMENT
TO:
Mary Munro, Asst. to the Director, Finance Department (w/origin.1 & check)
Jim Cherof, City Attorney (w/copy)
Peter Mazzella, Deputy Director of Utilities Ii..---
FROM:
DATE:
April 3, 2007
SUBJECT: Waterside etc. off-site improvements- Cash Bond Transmittal
Enclosed is a cash bond form as surety warranting the water and sewer improvements fur
the subject project. Please review this form, and if acceptable, retain for further use. A
check tram Southern Homes of Palm Beach, LLC in the amount of$21,870.75 is also
included (Finance only) and comprises the cash surety for 5% of the value of the water
and sewer systems. Supporting cost documentation was previously transmitted to the
Finance Department with the inspection fees.
If you find any deficiencies in this cash bond form, or have any questions regarding it,
please contact me directly.
Attachment
Xc: Laurinda Lugan, Engineering
File
CASH BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, SOTlIERN HOMES OF PALM BEACH, LLC by SOUTHERN HOMES OF
BRO\\'ARD, INe. its Manager, hereinafter called PRINCIPAL, tenders unto the City of
Boynton Beach, a political subdivision of the State of Florida, hereinafter called CITY, the full
and just sum of Twenty One Thousand, Eight Hundred and Sevcntv U.S. Dollars and
Seventy Five Cents ($21.870.75), lawful money of the United States of America, to which
payment well and truly made, bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents;
WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the
construction of a certain project known as WATERSIDE, and such project shall construct and
install the required public improvements to support the Project pursuant to the terms of the
Permit, and
WHEREAS, PRINCIPAL has been issued that certain Water distribution and Sewage
Collcction Svstem Permit, hereinafter the PERMIT, for construction of said Required
Improvements, a copy of which is attached hereto and by reference made a part hereof; and
WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this
bond be executed.
NOW, THEREFORE, the conditions of this obligation are such that if the above bound
PRINCIPAL shall in all respects comply or cause others to comply with the tenns and conditions
of said PERoVlIT, within the time specified, and shall in every respect fulfill its obligation
tbereunder and under tbe plans therein referred to, then this obligation to be void; otherwise, (0
be and remain in full torce and effect.
The PRINCIPAL and CITY agree that the City Engineer may, in writing, reduce the
initial amount stated above in accordance with the requirements of said REGULATIONS.
The PRINCIPAL unconditionally convenants and agrees that if the PRINCIPAL fails to
perform within the time specified by the PERMIT, all or any part of [its][his][herJltheirj
obligation established by said PERMIT and the REGULA nONS, the CITY, upon thirty (30)
days written notice from the CITY or its authorized agent to the PRINC!P AL or its authorized
agent or omcer, shall, at CITY'S option, have the right to complete the PRINCIPAL'S
obligation or, pursuant to public advertisement and receipt of bids, cause to be completed these
aforesaid improvements in the case the PRINCIPAL should fail to or refuse to do so in
accordance with the terms of the PERMIT, In the event the CITY should exercise and give
effect to such right, the PRINCIPAL shall be liable and the monies tendered hereby sball be used
to reimburse the CITY the total cost thereof, including, but not limited to, engineering, legal, and
Page 1 of2 pages
contingent costs, together with any damage es either direct or consequential, which may be
sustained on account of the failure of the PRINCIPAL to carry out and execute all the terms and
provisions of the PERMIT.
IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this 2. day of
December, 20M.
(CORPORATE SEAL)
SOUTHERN HOMES OF PALM BEACH, LLC
By: Southern Homes of Broward, Inc.
Its Manger, Florida corporation, licensed to do
usiness in FI rida
ATTEST:
(Impressionable corporate seal)
ADDRESS: 12900 S.W. 128'" Street. Suite 100
Miami. Florida 33186
STATE OF Florida)
COUNTY OF Miami-Dade)
BEFORE ME personally appeared Hector Garcia who is p~nally known to me, or
has produced as identification, and who execuled the foregoing
instrument as President of Southern Homes of Broward. Inc., a corporation, and severally
acknowledged to and before me that he executed such instrument as such officer of said
corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said
corporation and that it was affixed to said instrument by due and regular corporate authority, and
that instrument is the free act and deed of said corporation.
WITNESS my hand and official seal this Z2- day of March, 2007.
My commission expires:
~~
. Notary Public
"'''''''''' Jesy Rodriguez Leon
i~~'~A CDmmission1lD. 0204160
.,: \ll:'n;:'llpil1l': Apr 16,2007
"%"~< _""Tilt"
""j.;'t';I~'~ ^Ilimli~'; "l~ftEliH~ ttJ,;, tnt:.
(Seal)
Page 2 of2 pages
CARLOS J. BALLBE, P.A.
Consulting Engineers
4863 Northeast 4th Avenue
Fort Lauderdale, Florida 33334
Phone (954) 491-7811 Fax (954) 491-7825
Marcl129,2007
PROJECT NAME:
WATERSI[)E, BAYFRONT & OCEANSIDE US11MPROVEMENTS
PROJECT NUMBER:
24-05-27
FINAL COfllSTRUCTION COST FOR WATER DISTRIBUTION SYSTEM
1 Mobilizaton: 1 EACH $2,500.00 $2.500.00
2 8" D.I.P, Water main including frttings: 40 L.F, $25.00 $1.000.00
2 8" Gate valve & C.!. valva box: 3 EACH $1,200.00 $3,600,00
4 8" X 8" Tapping sleeve & valve: 1 L.S. $4,500.00 $4,500,00
18" Jack & Bore: 100 L.F. $250.00 $25,000.00
8" M.J.D.I.P. Water main including fittings: 100 L,F. $75.00 $7,500.00
8" Fittings w/restraints: 5 EACH $750.00 $3,750.00
Fill and flush assambly 1 EACH $1,500.00 $1,500.00
5 Remove existing & reinstall 1 L.S. $1,800.00 $1,800.00
6 Pig Launch Assembly 1 EACH $1,500.00 $1,500.00
Sample points 2 EACH $250.00 $500.00
0,
By: \JLA-
Cartos J. Ballb~1
Registered Engl e r No. 41811
State of Florida
Date: 71 'lcr f t)l
CARLOS J. BALLBE, P.A.
Consulting Engineers
4863 Northeast 4th Avenue
Fort Lauderdale, Florida 33334
Phone (954)491-7811 Fax (954)491-7825
March 5, 2007
PROJECT NAME:
WATERSIDE, BAYFRONT & OCEANSIDE US1 IMPROVEMENTS
PHASE ONE AND PHASE TWO
PROJECT NUMBER:
24-D5-27
FINAL CONSTRUCTION COST FOR SEWAGE COLLECTION SYSTEM
CERTIFICATION FROM LIFT STATION TO M.H. NO.1 TO M.H. NO.2 (SERVICING BAYFRONT)
CERTIFICATION FROM M.H. NO.1 TO M.H. NO.8 (SERVICING WATERSIDE & OCEANSIDE)
PHASE ONE
1 a" D.I.P. 9ravity sewer pipe (12'.14' cut): 199 L.F. $100.00 $19,900.00
2 4' Dia. manhole (12' -14' cut): 2 EACH $5,400.00 $10,800.00
3 Connect to ex. Manhole: 1 EACH $5,000.00 $5,000.00
4 Pavement restoration: 1 EACH $30,000.00 $30,000.00
SuMo1a1 Phase One ~ $65 700.00
PHASE TWO
1 8" D.I.P. gravity sewer pipe (6'- 8' cut): 387 L.F. $50.00 $19,350.00
2 8" D.I.P. gravity sewer pipe (8'- 10' cut): 236 L.F. $60.00 $14,160.00
3 8" D.J.P. gravity sewer pipe (10'- 12' cut): 303 I..F. $70.00 $21,210.00
4 8" D.I.P. gravity S8W<lr pipe (12'- 14' cut): 55 I..F. $100.00 $5,500.00
5 4' Dla. manhole (6' - 8' cut): 4 EACH $4,000.00 $16,000.00
6 4' Dia. manhole (8' - 10' cut): 1 EACH $5,000.00 $5,000.00
7 4' Dia. manhole (12'.14' cut): 2 EACH $5.400.00 $10,800.00
6 Fittings/services: 1 EACH $38,775.00 $38,775.00
9 Trench -Jewatering 1 EACH $15,000.00 $15,000.00
10 MOT 1 EACH $10,000.00 $10,000.00
11 Pavement restoration; 1 EACH $75,270.00 $75,270.00
12 Jack & Bore: 1 EACH $87,500.00 $87.500.00
Date: 7 f ~ (Zl
U()..L-J.l:3
RefNbr .
1"....11 I vr .DV I I'll 1 Ul'll DL.n
Invoice Nbr 1nve Date
ioJ'VUU!C!ll nlJ'lUi;i~ UJ.. r 4U.1l .u~...u, LJ...A..
.Invoice Amount
Amount Paid
Diso Taken
~/"-:;-'1"-VVI
Net Check AmI
Q8'4563 3/29/2007 03/29/07 21,B70.75 21.870.75 21,870.75
I
006165
P"YTOTHE CITY. OF BOYNTON BCH
ORDEK 01<'
11'001; ~1;511' ':01;70 ~050'l1: 208 200? ~'lOIl'OI;
6. U
CONSENT AGENDA
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 10/20/09
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Motion to release all surety for the water and sewer
systems for the project known as Renaissance Commons, Phase VI, and retuming Letter of Credit no.
SM222405W from Wachovia Bank to the developer of this project.
EXPLANATION OF REQUEST: The developer of this project, Boynton Development
Associates II, LLC, furnished a letter of credit in the amount of $23,969 to guarantee
completion of the project, and its' satisfactory performance through the warranty
period. All necessary documents have been furnished, and the systems have
performed satisfactorily. The letter of credit may therefore be returned to the developer
at the following address:
Mr. Karl E. Klepper, Jr.
Boynton Development Associates II, LLC
1500 Gateway Blvd., Suite 200
Boynton Beach, FL 33426
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no effect to City
programs or services.
FISCAL IMPACT: None
ALTERNATIVES: None. The City has no alternative to releasing this surety upon
satisfaction of all requirements.
- 549 -
MEMORANDUM
UTlLITIES DEPARTMENT
TO:
Alex Sev, Finance Department (w/original)
Jim Cherof, City Attorney (w/copy)
Peter MazzelIa, Deputy Director of Utilities 8---
FROM:
DATE:
October 23, 2008
SUBJECT: Renai~sance Commons" Phase 6
Enclosed is a certified copy of letter of credit no. SM222405W from Wachovia Bank, and
an amendment reducing the amount to $23,969.00, dated September 19,2008, as surety
for the balance of the warranty period for the water and sewer improvements within this
project. The original letter of credit for this project was never received, hence the
furnishing of a certified copy. The warranty period for this completed project will end on
December 12,2008. .
Wachovia has asked us to process this amendment so that they may reduce the original
encumbrance amount that is now being maintained in their accounting. Please review this
letter of credit, and if acceptable, retain tor further use.
If you find any deficiencies in this letter of credit, or have any questions regarding it,
please contact me directly.
Attachment
XC: Engineering
File
, .r'
.
.
WACHOVIA
;1~~~~~~~~~~~~:~?f~2~~i~~~t~~!~~~~.1
,B'ENBFICIARY: '
Cl'rX CoMMISSION OF BOYN'I'ONBEACH
1 0 QE,ll.S'1' J;iOYNToN' BEACH BLVD.
:e0~r1 BjW\CH, FL 33435
c::1~CI'l'Y EN~I,liEER;,'..l>T;;:r:EMA?:ZELLA
APPLICANT I, .,'. .."....... . ....,.
BOYNTON . DElVS~ASSXIA~c'II ,;,LL,C
980 NORtH FSDERAt. atqHWAY, $U11'E.200' .'
BOCARA'J'ON, FL3l432 ,: m "
A'J'TN:: CARL E.~PPSR':" Jt!..; ,
RE: WATER PERMIT NO. 138271-319-DSGP
SJiS'v{ER;.P.l!lRMIT\NO. 13827;].-320",nWC-';' '-'" _it.. .,.
". '. :r~s~qt" c~NspHA.I:;E~6:. ,<: " ,'.. ,:",
." _' (t ".
"'.'~~'.'. ); y..;Op~~ b'uli 6i.~ ,:IRttEVOCA$L~ . S~BYLE'1'TER'Ot CR~bI1_NO:: ':sN~'() ., .
. IN'FAVCROJf CITt 'CoMIiJrSSI o~i OYBOYNT.oN_ll~Clf'F$ltJA,~bR nm"iNi'rI1.;t.; i' ~*f'b,;...;~,'.'
$393,;926. 50"V.S. DOLLARS (THJm:E:' 'HUNOREP' NINETY: THkgS"THOUSAl.tthNtN'E Jrijfuj
TWENTY SIX AND 50/100 UNITED STATES DOLLARS) EFFECTIVE AS OF THIS OATE, WHICH
SRML RE;MJ>.J;N EFFECTlVEUNTI!';, OCTPBB!t 12,20-07, ,.AND ~~LA~T};9AJ;l"Y EX'rmrl
Al'JNID\.LLY' W:(THQU'j.' AM'ENDI1EN'rFROM THECURREN'I:' OR FU'I'URE EXl'!lRATJ:ON' , DJ\.TEt~l) Wll$SS
WE 'SEND ,yOU. AT, LEAST 60, . PAYS'. PRIOlt NOTIFICATION' VIAcOuRIl!:R-TIlAT' WE~tiijCT ;Ndi',
, TO EXTBNO F9R ANYAPDI'I,'IqNA,L,pgRrOD( S). iw. tHE. EVENT.,YQUIl.SCEIVE'! s;UC!:f ~OT:i'eJ;;) ",
MD/~THE OBLIGA tlONS'QF,'l'HEAI>.PLlCANT,HA VENOTaiEN "Cd$LE,TIlj) yOU.; ~Y' PAAW.,,'f.
'H-1!lRJ':UNDER W',1'HEL.P.MOlJN"i>OF ; TliE;,t.ETTl::R. 'OF' CREDIT -IlY' MEANS ,.oF" YOUR"SI<m:r"OAAFT DRiitml
ON US UNTIL THE THEN CURRENT EXPIRY DATE. THE RELEASE OF THE LETTER OF CREDIT
"FROM, Cn~LD,aE DETERM1N:E;D BYA RESOLUTIONADQPTINGT}{E REJ.,EASEA1'A,.
t~EdU ';', ~g'PAT~~D~2~~~~~NF~~f~NG'ORUPO~'l'~, AlOlO%<, Eip~l~5T~;.OR(;'
,:)- ",:<~: '-:;'- ,':" ,.'''' ',." '.' ,'- --" -': - -' - - - , - ':": ',', ','-, ,-, - /,' :' , -
; THISu$tTtR. OF CREPIT IS ISStnW J?uRSUM<rl' TO THI> TERMS OF ~'l'CSRTA1Nc;.:
WATigR--AND SEwERf'tRMIT NUMBERS 1382'7 hn9 - DSGPANP1~S2 71 - 3 20 -J'lWC (IlER~~~-FTIlR,
"PERMIT"), ISSUED TO BOYNTON DEVELOPMENT ASSOCIATES II, LLC 98Q NORTH FEDERAL
-HIGHWAY, SUITE i!OO, ,BOCA RA'I"ON,F~ 3343~, A,S DEVELOP~,.BY :r~E CI',l"{,QF BOYl'!':!'9N
';3E:ACI:! , FLoORIDA,TO DEVt::L<JP A PROJECT ,TO BE KNOWN AS, RE;NAI sSJffiCEroMMoNS"':
{HERETNA~Tim ,CALLEDTHE ,"'pROJECt'; h. J\ND'tOCONSTRUcf~"'rit;S:tAt:,r. ;:ri'tE;~QtilRi>p
;~~a~~~S~~!~~,~i~~OP~:~~!T~~9=~TI:~~~i~~~~'%~~'~~~#S Jp";;i.
>:ggFERENCE ';lI11~I':tIN rS,,';F~' 'INFOJlMA1'IO~,ONLY. ", '" ;,:ic"',,:,;;'::'-"',,,,>;;
THEU~;rTrAI,N"fOumPF FUND$AVAlLABLEUNDER ,~ISLE:1''l'ER OFc;REDIT AND!l1'~TED
;ABQvE'l"!l't"l ~~ '*EpUCE;P'fROM, Tif'lE.'tO:1'IMgBY, ,THEC~.1'Y~NQlNE~ ;,:.p.SA<qf:N.-:r:J'PQ')l. ',:rH$i-:;'
crTY\;OF'SOYNTON:BEAC}i, INACCORbANCEWiTtl1'HIl llliQUtREMEN'rS'Oit' T~:;'SUllP!V!~f9l-L
i?r,;ATTIN'S :1U;tlllEQUIRE:tlIMPROVEMIlNTSR&GuLATIONS, ~PTE~ ~ . a;,$- AND,' ~.' ,'j ;, .'~,
RE"$PECTIVELYOF,l1ltE LAND DE:VSLOl?J'llEN'l:-REGlJLA '1'1 QNS. WS'HEREBY MREE TJlAl' ,$-UC!'I.\
REDUGT];ON SHAr.L wor ,BE EFFECTivE UNTI LwE; HAVIl FlJRNISHED A Wll,l!T~ ~ENT"
TO TiftS LETTER OF CREDIT. SUCH AMENDMENT SHALLo REFERENCE THIS'LETTER 'OF"CREDI'I'
AS WELL AS THE PERMIT NUMBERS AND PROJECT NAME, AS SET OUT HEREIN,~~ THE
NEW AMOUNT' ,REQUESTED. ' , \\\1\ ~"'-:,..
'~ " , ~:vG\"i 0) :n,'tN .: -,
I' . ; . ;<\'u 1""""':: "Ill'. \t'9.
, ,; : dOm'~NUED" ON ;N~XT PAGE WHICH FORMS ~''Iitft'~~~~iM'1'i'OF\tHIS '
<;' LETTER OF CREIOI'r n"'i\~' .~
~ 'NfiG , '
"(\0\ co..
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.
.
WACHOVIA
/' ~rY~.:'~'~i:)':<;~. -~:: ---.-"::.-
,,6" . of::: '.= :''';' .-:>-,..
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I~~~~~! $1:~!~~TTEi':o.~/:'CREDJ:ir"!tWL.~;!,d~05W: ...
i:i:"_ :j i~~'
... ..;
,-,:
. ~. -'.~
'Fl:J1IDS tlNDE.R TH1ii. LE:',I'T~ .oF. CREDIT l<RE AVAILABLE TO THE' CU'iHERsuNb-ER, NOTI:'l'O
. ~9lli'ED TtlECURRItN'!"ftNAi:LABLE;.r.rOlfN'r $VBSEQLmNTTOAA~;AUTtiO:RI2;Erl REI1\JCTI ONs <:
OFTHIS-C;:RIroIT AdAINST THE :CITY;' S DEMAND ,; BY ITS>At!iTliORlzaDAGOO;NAMEb ABov',e ;
FORr'l'M~:OUsMtmmNING?~ ~Wl'T1t:R OF qR];;D!tNO...SM222:4'O;~W;' \.>: .'., '.;
WHEN THE CiTY'S DEMAND FORPJl.YMENTIS RECEIVED AT WA:tiH6ViAB1iNk,m..'tIONAL
ASSOCIATION, 40l LINDEN STREET, WINSTON-SALEM, NORTH CAROLINA 2710l,
ATTEN'.l'10N:;pTANDBY; LETTERS OF CMOIT ON OR BEI'ORE:f}iE EXPlRATION,QATE,,;,rT.,
.!lILt ,'~l.)UJ}r!tQ~6REP;IF Ilil cOMPI/rANeE. WITH ''rJiE'rERMS 'AllP C6NDITi:O~,OFTHi:~
'LETtERpl''\, qftlilDIT '..: . ..... . ...d .. ".' . ....... ....... "','." . .... ... '.: ',,',.. .'.':' ......:',
/~~~~~~"'~~~K~~~~N~~N~~~2~~o~~i~g~ Tli~.,:~f*s '~~;',y.;r~.~!;:<'
::~~E~%~~L~~l!~,
}~~.~~~:,:~~I~,~~~~C~N~~~~O~~~;~?~~~~~~iTICE FOR DO~ARY CREDITS,
i~~~~i, ~r.f:o"1'",. " ..'
,AUTHORIZED. SIGNATURE;"., .
i'~~QVI~,.'..~{' '~~3I1AL'p'af3O<:Ifi1Ib#"
':' ',:- <:'-' "-., -:'- :-- -:. ,,' ,.:,', ,-. " .
l?L!'t~E Di!<EGT ANYCORRESPONIllj;NCE:INCLUDING DAAW1NG
. cREwJ;JRENCENvMl?)tR ro:' , . ., '"
'1-." , '.
WACHOVIA BANK, NA'l:';IONAL ASSOCIATION
40l.,I;INPi.N."STREE'!', '.M1\,IL CODK, NC50'34 >
~~~=4:r;~~:1k~~,..~~tf~k~IE~'
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WACHOVIA
.
..
. DATE , 10/22/07
. ".'--'. :", .. "
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'i;~ TO IRREl/OCABr..E.STANDSYLBTTERCli CREDIT ..
. """MD~~CISSIONOli'OwRNQN-BXT.ENSlbN' NOT:1;F,+CATtOU
-
GENTLSM:EN..
,
WEAMENP dvR ABovE; R;:JFERENCEP LETTER OF CREOIT ISSt]imIN YOUR nVOR
FOR'l:'~E"MCouNTOF. aoMONbElVELOPMENT ASSOC.IATES II' LLC AS FOLLOWS;
-EXPI"RY"DATE <EXTENDED TO 10/1'2';0"8.
";I'lE.~EREaYREsctNDOUR NOTICE OF NON~EXT~SION DATED 07/'J1/07AND'Osj30/07,
.~'~UT~)IC ~XTENstONPRQV!SION IS STILL IN FULL FORC~ANDEFFECT". .
PLEASE No'i'E!rHA~ 1JrtANO ,ALL CORRESpoNDENCE RELATED' TO . THIS .LE~TEROF CREDI,!,
sa,otJj:.o NOW,."l?E:;S'E;NT(rp .WACHOlfcIA BJUh< ,.NATION1\Ii.. A,$SOCIAT:I ON:' 4 O.l,,'L:t~J;;N;' STREET,.
WINSTON-SA~; NC 2710i'-0045, ATTN: STANDBY LETTER OF'CREDITtJBPAR'l'MENT, '
NC6034.
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CONSIDE.!l.EP .~. IN11'~~PARTTH81U;:OF. . ." . , '. ..' .' .'
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IS TO 'BE
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Mazzella, Pete
From:
Sent:
To:
Subject:
Swanson, Lynn
Wednesday, October 29, 2008 1 :23 PM
Mazzella, Pete; Sev, Alex
Renaissance Commons - Phase 6
Jim Cherof has reviewed and approved the letter of credit you provided.
Lynn Swanson
Paralegal
City ()f Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach. FL 33425
(561) 742-6053
(561) 742-6054 - Fax
8. A
PUBLIC HEARING
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
~ PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Baywalk, (SPTE 09-007), Site Plan Time Extension,
located at 3103 South Federal Highway; west side of Federal Highway, approximately 1/8 mile south of
Old Dixie Highway. Request approval of a one (1 )-year site plan time extension for a new site plan
(NWSP 08-001) approved on January 2, 2008, thereby extending site plan approval from July 2, 2009 to
July 2, 2010. Applicant: Alberto Herrera, P. E., Development Consulting Group, Inc. Staff and Board
recommend item be approved.
EXPLANATION OF REQUEST: Site Plan Time Extension for Baywalk tabled from August 25,
2009 meeting.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
N/A
FISCAL IMPACT:
N/A
AL TERNA TIVES:
N/A
- 556 -
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-040
STAFF REPORT
Chair and Members
Planning & Development Board and City Commission
Michael Rumpf
Planning and Zoning Director
Kathleen Zeitler
Planner II
July 20, 2009
Baywalk / SPTE 09-007
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
Southern Homes of Palm Beach V, LLC
Mr. Alberto Herrera, P.E., Development Consulting Group, Inc.
Mr. Alberto Herrera, P.E., Development Consulting Group, Inc.
3103 South Federal Highway; west side of Federal Highway,
approximately 1/8 mile south of Old Dixie Highway (see
Exhibit "A" - Location Map)
Special High Density Residential (SHDR - max. 20 units/acre)
Infill Planned Unit Development (IPUD)
No change
No change
40 condominium units (17.7 units/acre)
2.26 acres (98,446 square feet)
Developed commercial property (self-storage facility) zoned
Community Commercial (C-3);
- 557 -
South:
Vacant property designated Special High Density Residential
(SHDR) and zoned Planned Unit Development (PUD) (former
Palm Cove project, site plan expired);
East:
Right-of-way for Federal Highway, then farther east, property
designated Special High Density Residential (SHDR) and
zoned Infill Planned Unit Development (IPUD) (Waterside
development of 113 townhomes on 7.3 acres);
West:
Developed residential property located in unincorporated
Palm Beach County with a Commercial High (CHIS) land use
classification, zoned Residential Multi-family (RM).
BACKGROUND
Mr. Alberto Herrera, agent for Southern Homes of Palm Beach (property owner), is requesting a one
(1)-year site plan time extension for the Baywalk site plan development order (NWSP 08-001), which
was approved by the City Commission on January 2, 2008 (see Exhibit "B" - Applicant's Justification
Request). The site plan approval is valid for 18 months from the original date of approval, allowing the
property owner until July 2, 2009 to secure a building permit for the project. If this request for a time
extension were approved, site plan expiration would be extended from July 2, 2009 to July 2, 2010.
The property owner has received the following previous approvals for the subject
property: land use amendment (LUAR 04-003) from Local Retail Commercial (LRC) to
Special High Density Residential (SHDR); rezoning (LUAR 04-003) from Community
Commercial (C-3) to Infill Planned Unit Development (IPUD); new site plan (NWSP 06-
017) for 40 townhomes (expired); and a new site plan (NWSP 08-001) for 40
condominium units. The subject application is the first request for a site plan time
extension for this project.
The approved site plan proposes 40 units within 18 separate buildings with eight (8) unit types, and a
mix of two (2) and three (3) bedroom units ranging from 951 square feet to 1,393 square feet of air-
conditioned area (see Exhibit "c" - Site Plan). The proposed units are condominium-style ownership,
with all areas other than the individually-owned units considered to be common areas. A recreational
amenity area would include a swimming pool and pool house for the use of the residents and their
guests.
The proposed buildings and pool house present a higher quality of architectural design and materials,
resembling a rustic Mediterranean design which includes the following: clay roof tiles; stucco walls in
earth colors; recessed entries and porticos; balconets with decorative aluminum railings; wooden
shutters; decorative medallions; carved stone; and raised trim (see Exhibits "C-1" and "C-2" - Building
Elevations). The public art proposed to enhance the ambiance of the project entrance will feature a
custom carved stone sculpture atop a carved stone fountain.
ANALYSIS
The Site Plan (NWSP 08-001) Development Order was originally approved on January 2, 2008.
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have
eighteen (18) months to secure a building permit from the Development Department." Examples of
- 558 -
building permits include but are not limited to the following: Plumbing, electrical, mechanical,
foundation, and structural. The Regulations authorize the City Commission to approve site plan time
extensions up to one (1) year, provided that the applicant files the request prior to the expiration date
of the development order. In this case, the applicant has met that requirement. The Planning &
Zoning Division received the application for time extension on April 30, 2009, approximately two (2)
months prior to the expiration date of the site plan.
According to the justification submitted for the requested time extension, the applicant cites the
current market conditions, and explains that additional time is needed to address the conditions of
approval and complete the permitting process (see Exhibit "B''). The justification submitted also
indicates that the owner has begun the process of obtaining required engineering permits for site
development, and is currently in the plat approval process.
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements. Traffic concurrency was originally approved in 2006 with a build-out date of 2008. The
new site plan (NWSP 08-001) was approved with a condition requiring a revised traffic concurrency
approval from Palm Beach County Traffic Engineering with an updated project build-out date prior to
permitting. School concurrency was approved by the School District of Palm Beach County who
reviewed the project and determined that adequate capacity exists to accommodate the projected
resident population based on a total of 40 units. As for utilities, records indicate the utility reservation
fee expired in May, 2005. To be extended for another year, the fee of $6,375.60 must be paid.
Without payment of the reservation fee, the Utilities Department cannot guarantee capacity will be
available when the developer is ready to move forward (see Exhibit "0" - Conditions of Approval).
In addition, staff recommends as a condition of approval of the site plan time extension, that the
previous 38 conditions of approval associated with the approved site plan (NWSP 06-025) would
continue to apply and must be satisfactorily addressed during the building permit process (see Exhibit
"0" - Conditions of Approval). Lastly, no new land development regulations are now in place which
staff recommends should be applied to the subject project.
RECOMMENDATION
Staff is generally in favor of the development efforts represented by the approved site
plan, and recommends approval of this request for a one (l)-year time extension of the
site plan (NWSP 08-001), subject to two (2) recommended conditions. If this request for
an extension were approved, the expiration of this site plan would be extended to July 2,
2010. Any additional conditions recommended by the Board or required by the City
Commission shall be documented accordingly in the Conditions of Approval (see Exhibit
"0").
S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Baywalk\SPTE 09-007\Staff Report.doc
- 559 -
EXHIBIT "An.. SITE LOCATION MAP
BAYWALK IP D SPTE 09...007
250 125 0
r--.--_
250
500
750
- 560 -
NOT I N CITY
N
1,000 ~t
'Feet W ~~E
S
EXHIBIT "8"
'~
civil engineering.. transportation
planning Ii' CQ:rUi:U"t,u.11.on ad:u1:inlstratio)J.
April 29,2009
Mr. Michael W. Rumpf
Director
Planning and Zoning Division
CITY OF BOYNTON BEACH
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
1ftl1I1@~a~~@
APR 3 0 2009
PLANNING AN
ZONING tJEPl
Re: BAYW ALK
Engineer's Project Number 270818
Dear Mr. Rumpf:
On behalf of the owner of thc above ref<?renceqprojcct, Southern Homes
would like to request an extension tot~esiteplan approval. We have begun the
obtaining all required engineeriYl~pennits for site development in addition to recording
However, due to current market conditions, the owner is requesting a t'Vvelve (12) month
extension to the site plan appr6yal to be able to complete the permitting as required by the
conditions of approval. .
..
Attached please find a .check in the amount of $500.00 made payable to the City of Boynton for
the site plan extensionfee. If you have any questions or require additional information, please
do not hesitate to call our office.
Sincerely,
DEVELOPMENT CONSUL TlNG GROUP, INC.
I. '..
,~............,.
Alberto Herrera, r.E.
Associate
cc:
Hector Garcia,SH COMMUNITIES
development consulting group, inc,
rnia,mi-da(le i! 12RS5 SV-ll~.~2 .street'll suite
funnel'l.y CaMQsJ', H.lllbf~l F,A.
oo~@~nwrg@
APR 3 0 2009
PLANNING AND
ZONING DEPT.
florida 33186 . P-305.2S:-l.197o . fc 305.'?58.oR97
- 561 -
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EXHIBIT "0"
Conditions of Approval
Project name: Baywalk
File number: SPTE 09-007
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
"
"~
Comments: None
UTiliTIES
Comments:
I, The applicant shall pay the utility reservation fee in order to ensure capacity X
will be available when project commencement is anticipated,
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
- 565 -
DEPARTMENTS INCLUDE REJECT
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
X
Comments: None
FORESTER/ENVI RON M ENT ALl
ST
Comments: None X
PLANNING AND ZONING
Comments:
2. If this request for site plan time extension is approved, all outstanding X
conditions of approval from the original development order (NWSP 08-00 I)
must still be satisfactorily addressed during the building permit process.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY
COMMISSION CONDITIONS
Comments:
To be determined.
- 566 -
S:\Planning\SHARED\WP\PROJECTS\Southem Homes of Palm Beach\Baywalk (fka Oceanside)\SPTE 09-007\COA.doc
- 567 -
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON
BEACH, FLORIDA
PROJECT NAME: Baywalk
APPLICANT'S AGENT: Alberto Herrera, P.E., Development Consulting Group, Inc.
AGENT'S ADDRESS: 12855 SW 132 St. Suite 206 Miami, FL 33186
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20,2009
TYPE OF RELIEF SOUGHT:
Request for Site Plan Time Extension
LOCATION OF PROPERTY: 3103 South Federal Highway (west side of Federal Highway, approximately
1/8 mile south of Old Dixie Highway).
DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the relief sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the relief sought was made by the Applicant III a manner
consistent with the requirements ofthe City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantial competent evidence are as set forth on Exhibit "D" with
notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
- 568 -
6. All further development on the property shall be made m accordance with the terms and
conditions ofthis order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Southem Homes of Palm Beach\Baywalk (fka Oceanside)\SPTE 09-007\DO.doc
- 569 -
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
September 23, 2009
Ed Breese, Principal Planner, welcomed new Board Alternate Warren Timm. Mr. Breese
announced the City Commission approved the following:
. The Casa Del Mar Site Plan Time Extension
. Pylon Plaza Site Plan Time Extension
. Women's Circle Zoning Code Variance for parking
. Comprehensive Plan Transmittal to Department of Community Affairs for the Recreation
Surface Water policies
6. Old Business
Tabled from Auaust 25, 2009 meetina
A.1. Bavwalk, (SPTE 09-007), Site Plan Time Extension, located at 3103 South Federal
Highway; west side of Federal Highway, approximately 1/8 mile south of Old Dixie
Highway. Request for a one (1 )-year site plan time extension for a new site plan
(NWSP 08-001) approved on January 2, 2008, thereby extending site plan approval
from July 2,2009 to July 2,2010. Applicant: Alberto Herrera, P.E., Development
Consulting Group, Inc.
Kathleen Zeitler, Planner II, presented the request forthe extension for the 2.26 acres, zoned IPUD
with a Special High Density Residential Land Use. The agent was requesting an extension of the
site plan, which was approved January 2, 2008 and valid for 18 months or until July 2, 2009 to
secure a building permit for the project. The project was proposed for 40 units in 18 separate
buildings with eight unit types, having a mix of two and three bedroom'ss ranging from 951 square
feet to 1,393 square feet of air-conditioned space. There was a recreational area with a pool and a
pool house for the use of residents and guests.
The proposed building and pool house represented a higher quality of architectural design and
materials, having a rustic Mediterranean design. The request for the extension was due to the
current market conditions and additional time was needed to address the conditions of approval and
complete the permitting process.
The owner has begun the process of obtaining the engineering permit to commence development
of the site and was currently in the plat approval process. Staff recommended approval of the
request subject to the conditions of approval. The site visit revealed the sales trailer and existing
billboard on site were removed and the site has green screening along the fence.
Should the request be approved, the approval would be extended to July 2,2010.
Attorney Alexander administered the oath to all who would testify.
Mr. Herrera, Civil Engineer for Southern Homes, explained they were in the process of obtaining the
engineering permits and there was a comment with the plat approval. They were trying to obtain a
boundary plat versus a subdivision plat due to the multi-family development as opposed to single
family residential. He agreed with all conditions of approval. .
There was discussion when an applicant requested an extension, especially with the site being
located on U.S. 1 or a major corridor, there should be better way to provide screening and buffering
than a fence. The aesthetics of the site played an important roll in the development of the area.
2
- 570 -
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
September 23, 2009
Ms. Zeitler responded in the past, projects that had repeated extensions were required to landscape
the site along Federal Highway. She reported the fence screened the site well and the request was
for their first extension.
Mr. Herrera also added the grass had been mowed since receiving the approval.
Chair Saberson opened the public hearing. No one coming forward, Chair Saberson closed the
public hearing.
Motion
Mr. Myott moved to approve the site plan extension for Baywalk. Ms. GrceJic seconded the"motion.
Mr. Myott amended his motion to include the approval was subject to all staff comments. Ms.
Grcevic agreed to the amendment. A vote was taken and unanimously passed.
7. New Business
A. 1. Hiah Ridae Academv, (COUS 09-005) (MSPM 09-007), Conditional Use / Major
Site Plan Modification, located at 1275 Gateway Boulevard/ NE corner of Gateway
Boulevard and Park Ridge Boulevard. Request for conditional use / major site plan
modification approval to allow for the conversion of an existing 14,692 square foot
office building to a preschool/day care use. Applicant: 1325 Gateway LLC,
Mr. Breese explained part of the request that was previously approved was for a 33,000 square foot
charter school on the site, which would not be modified as part of the request. The applicant was
proposing to modify the mo-way drive isle in front of the building. There would be one-way
eastbound parking in an effort to improve pedestrian safety and decrease vehicular conflict.
The daycare would have an outdoor play area on the backside of the northern part of the property,
which was previously approved for parking. There would be a reduction in parking spaces from 254
to 200 spaces, providing for an additional 50 parking spaces over the required amount. The outdoor
play area would be fenced and landscaped. The front would also be landscaped. The preschool
was compatible with the Charter School on site and the surrounding office uses on adjacent parcels.
The building has large setbacks and appropriate buffers. There would be minimal off-site impacts
associated with the use. Red awnings would be added to the site and the structure would be
painted a color complimentary to the Charter School. Staff recommended approval of the request.
Chris Nardone, Kenneth Carlson Architects, was in agreement with the conditions of approval.
There was lengthy discussion about the student drop-off areas. The school would accommodate
250 children during normal school hours. There would be some aftercare; however, there was a
great deal of concern about stacking and the queuing of cars. Mr. Nardone responded the purpose
of the one-way direction was to help control traffic and increase safety. There were designated
areas for students to enter the building, arranged by age category and the younger students would
enter the building on the east side.
There was also discussion about the traffic signal on Gateway Boulevard and the turn lane to enter
the site. School staff would have to assist with traffic control and looping of traffic. Students could
3
- 571 -
8. B
PUBLIC HEARING
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
~ PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: High Ridge Academy, (COUS 09-005) (MSPM 09-007),
Conditional Use / Major Site Plan Modification, located at 1275 Gateway Boulevard/ NE corner of
Gateway Boulevard and Park Ridge Boulevard. Request approval for conditional use / major site plan
modification to allow for the conversion of an existing 14,692 square foot office building to a
preschool/day care use. Applicant: 1325 Gateway LLC. The Planning and Development Board
recommends, and staff concurs, that the item should be TABLED allowing submission of confirmation
regarding vehicle stacking capacity, taking into consideration both the traffic movement and peak period
characteristics of the subject use and the two other adjacent schools.
EXPLANATION OF REQUEST:
High Ridge Academy approval for conditional use / major site plan modification for an existing
office building.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
N/A
FISCAL IMPACT:
N/A
AL TERNA TIVES:
N/A
- 572 -
= DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-059
FROM:
Chair and Members
Planning & Development Board
Michael Rumpf
Director of Planning and Zoning
Ed Breese
Principal Planner
TO:
THRU:
PROJECT:
September 9, 2009
High Ridge Academy (COUS 09-00S/MSMP 09-
DATE:
007)
REQUEST:
the
Conditional Use/Major Site Plan Modification approval to allow for
conversion of an existing 14,692 square foot office building to a
pre-
schooljdaycare use.
PROJECT
DESCRIPTION
Property Owner:
1325 Gateway LLC
Agent:
Ken Carlson, Kenneth Carlson Architect, P.A.
Location:
1275 Gateway Boulevard (Lots 18 & 19 Quantum Park) / NE corner
of Gateway Boulevard and Park Ridge Boulevard (see Exhibit A)
Existing Land Use/Zoning: Development of Regional Impact (DRI) / Planned Industrial
District (PID)
- 573 -
Proposed Land Use/Zoning: No change proposed
PID Use Options: Office & Industrial (01)
Proposed Use:
a pre-
Conversion of an existing 14,692 square foot flex office building to
Acreage:
Adjacent Uses:
North:
schooljdaycare use
5.60 acres
South:
Beach High School
Quantum Water Management Tract, and farther north the United
Way office building;
Gateway Boulevard r-o-w, and farther south the Boynton
East:
and vacant Lot 52 of Quantum Park, designated Mixed Use (MU);
Quantum Water Management Tract, and farther east the vacant Lot
17 of Quantum Park, designated Mixed Use (MU); and
Existing charter school, and farther west an existing office building.
West:
BACKGROUND
Ken Carlson, agent for 1325 Gateway, LLC, is seeking conditional use/major site plan
modification approval for the conversion of an existing 14,692 square foot flex office building
to a pre-schooljdaycare use. The subject property is located at 1275 Gateway Boulevard, at
the northeast corner of Park Ridge Boulevard and Gateway Boulevard. The site was previously
approved for a 33,376 square foot charter school, which still exists on the northwestern
portion of the site and will not be modified as part of this request, and a 14,692 square foot
flex office building, last occupied by Town & Country Homes for their offices and showroom.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and
Zoning Division's evaluation of the application as it pertains to standards.
The Planning and Development Board and City Commission shall consider only such conditional
uses as are authorized under the terms of these zoning regulations and, in connection
therewith, may grant conditional uses absolutely or subject to conditions including, but not
- 574 -
limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall
be determined necessary for the protection of the surrounding area and the citizens' general
welfare, or deny conditional uses when not in harmony with the intent and purpose of this
section. In evaluating an application for conditional use approval, the Board and Commission
shall consider the effect of the proposed use on the general health, safety and welfare of the
community and make written findings certifying that satisfactory provisions have been made
concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
The subject property currently has two (2) points of ingress and egress, both located off of
Gateway Boulevard (see Sheet A-3.0). The westerly driveway, located directly across from
Park Ridge Boulevard, is signalized. The proposed change in use from office to pre-
school/day care has been reviewed by the Traffic Engineer who has been involved with all
modifications to the Quantum Park DR! (Development of Regional Impact). The engineer,
Pinder Troutman, indicates that the traffic volumes associated with the change of use for the
site are within the limits of the DR! approval, and therefore not subject to the Palm Beach
County Traffic Performance Standards. Staff has forwarded the traffic statement to Palm
Beach County Traffic Engineering for their review. Since at the time of this report we do not
have a response, staff has created a condition of approval which subjects the project to Palm
Beach County review and approval (see Exhibit D). As part of the proposed conversion from
flex office space to pre-school/daycare, the applicant proposes to modify the existing two-
way travel aisle in front of the pre-school/daycare building to a one-way eastbound lane, in
an effort to improve traffic circulation and decrease vehicle conflicts, while enhancing
pedestrian safety. As proposed, on-site traffic circulation would meet the requirements for
general motorists and pedestrians, emergency access and waste removal operations.
- 575 -
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have
on adjacent and nearby properties, and the city as a whole.
The minimum parking required for daycare uses is calculated at one (1) parking space per
300 square feet of gross floor area, and is the same ratio required for determining the
minimum parking for office use. Required parking is calculated to be forty-nine (49) spaces
total, based on the square footage of the building. The required parking for the charter
school on the northwest portion of the site is calculated to be 101 spaces. The site plan
depicts 200 parking spaces, or 50 spaces more than the requirement of 150 for the entire
site. The proposed day care requires an outdoor play area, which is being provided at the
rear (north side) of the flex: building, in an area formerly designated for parking. A slight
modification is also being made to the parking area in front of the flex: building to
accommodate the change from ninety degree parking to angled parking. The reduction in
previously approved site parking from 254 spaces to 200 with the daycare operation is still
50 more spaces than required by code, as noted earlier. As a result, the proposed project
would not increase the intensity of parking or promote additional glare, noise or odors.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The dumpster enclosure is being slightly reoriented with the creation of the enclosed
outdoor play area at the rear of the building, to provide ease of solid waste operations and
enhanced with additional landscaping. Trash would be removed on a standard schedule and
solid waste is not anticipated to increase significantly as a result of this application.
4. Utilities, with reference to locations, availability, and compatibility.
The City of Boynton Beach Utility Department currently serves the site, and utilities would
continue to be available and provided, consistent with Comprehensive Plan policies and city
regulations. No additional impacts are anticipated with this application.
- 576 -
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The site is landscaped with mature shade trees, mostly Live Oak. There will be new
landscaping added around the outdoor play area, consisting primarily of additional Live Oak
trees and Green Buttonwood hedge material. Additional landscaping will also be added to
the front of the building, including Alexander Palm trees and Cocoplum shrubs along the
walkway, Dahoon Holly and Tibouchina trees and Dwarf Firebush and Fakahatchee Grass in
the new landscape areas created along with the angled parking design, and a second layer of
landscape buffer at the front property line consisting of Dwarf Firebush and Arbocola.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect,
and compatibility and harmony with adjacent and nearby properties.
The applicant is considering a new monument sign at the eastern entrance, following the
guidelines of the approved Quantum Park Sign Program. New building signage is proposed
to be internally
illuminated, with individual letters a maximum of 16 inches in height and with the color to
match those on the monument sign (either red or green). All site lighting is existing.
7. Required setbacks and other open spaces.
The existing flex building exceeds the setback requirements of the PID zoning district.
District setbacks are: front (south) required 30' - provided 79', rear (north) required 30' -
provided 420', side (west) required 20' - provided 263', and side (east) required 20' -
provided 57'. Additional open space is provided on-site through the water (drainage)
features and through the addition of the play area for the daycare operation.
- 577 -
8. General compatibility with adjacent property and other property in the zoning district.
The pre-school! daycare use is generally compatible with the charter school use on the
remainder of the site and with the surrounding office uses on adjacent properties. With the
building's large setbacks and appropriate buffering, any impacts should be minimal. There
are no changes proposed for the charter school and the flex building will undergo minimal
fat:ade modifications, including the addition of new red awnings over existing storefronts
and slight paint enhancements coordinated to match the approved colors of the charter
school.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The height of the existing flex building (proposed daycare) is thirty (30) feet, which would
not change with this application, and is compatible with the structures on the same and
adjacent properties. The existing charter school has a typical height of thirty one (31) feet,
with the entry feature at nearly thirty nine (39) feet in height.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The overall economic effects of the proposed use on adjacent and nearby properties, and the
City as a whole, will be negligible.
11. Conformance to the standards and requirements which apply to site plans, as set forth in
Chapter 19, Article 11 of the City of Boynton Beach Code of Ordinances. (Part 111 Chapter 4 Site
Plan Review).
With incorporation of staff comments, the proposed project would comply with all
requirements of applicable sections of City code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also,
conformance to the City of Boynton Beach noise Control Ordinance.
- 578 -
With incorporation of all conditions and staff recommendations contained herein, the
proposed use would operate in a manner that is in compliance with the above-referenced
codes and ordinances of the City.
RECOMMENDATION
Based on the discussions contained herein, compliance with development regulations, and the
consistency with the Comprehensive Plan, staff recommends that this request for conditional
use I major
site plan modification be approved subject to satisfying all comments contained in Exhibit "0" -
Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional
Uses, a time limit is to be set within which the proposed project is to be developed. Staff
recommends that a period of one (1) year be allowed to obtain a building permit for this project.
S:IPlanningISHAREDlWPlPROJECTSIQuantum Lots 18,19 Survivor SchoollHigh Ridge Academyl MSPM_CODS Staff Report.doc
- 579 -
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EXHIBIT C
KENNETH R. CARLSO
- ARCHITECT, PoA.
AA C001878
July 9, 2009
Mr. Ed Breese
City of Boynton Beach
100 East Boynton Beach Blvd
Boynton Beach, FL 33426
Reference: High Ridge Academy (09-067)
Conditional Use Statement:
D. STANDARDS FOR EVALUATING CONDITIONAL USES. The Planning
and Development Board and City Commission shall consider only such
conditional uses as are authorized under the terms of these zoning regulations
and, in connection therewith, may grant conditional uses absolutely or
conditioned upon the faithful adherence to and fulfillment of such restrictions and
conditions including, but not limited to, the dedication of property for streets,
alleys, recreation space and sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens' general welfare, or deny
conditional uses when not in harmony with the intent and purpose of this section.
ffievaluati n~lanaj3plicattonforoonditi{)flatntlse;.the--13oardafldcomffiissi6n . sha II
consider the effect of the proposed use on the general health, safety and welfare
of the community and make written findings certifying that satisfactory provision
has been made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures
thereon, with particular reference to automobile and pedestrian safety
and convenience, traffic flow and control, and access in case of fire or
catastrophe.
1a) Access to the properly from Gateway Blvd. shalf remain
as existing. The circulation within the site was modified
with one area of the site changed to one-way traffic flow.
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1002 East Newport Center Drive, Suite 1:'1 . 02enleld B","ch, FL 33.142 . Phone (954) 427-8848' Fex (954) 427-9928 . vNvw,kencarlson_com
- 585 -
2. Off-street parking and loading areas where required, with particular
attention to the Items in subsection D.1. above, and the economic,
glare, noise, and odor effects the conditional use will have on adjacent
and nearby properties, and the cfty as a whole.
2a) The modification to the site plan shalf reduce the
number of parking spaces
3. Refuse and service areas, with particular reference to the items in
subsection 0.1. and 0.2. above.
3a) The existing refuse & service areas remain the same
4. Utilities, with reference to locations, availability, and compatibility.
4a) The existing utilities remain the same
5. Screening, buffering and landscaping with reference to type,
dimensions, and character.
5a) The existing landscaping remains the same. Additional
landscaping shall be added in new playground area and
at the modified parking area.
6. Signs, and proposed exterior lighting, with reference to glare, traffic
safety, economic effect, and compatibility and harmony with adjacent
and nearby properties.
6a) The existing exterior lighting shall remain the same.
,"Fh-eproposed'signage'shcrlfbe compatibJeviith other. ..
signage within the area.
7. Required setbacks and other open spaces.
7a) N/A - Buildings are existing
8. General compatibHity with adjacent properties, and other property in
the zoning district.
8a) Proposed daycare is adjacent to an existing charter
schoof on the same property
2
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9. Height of buildings and structures, with reference to compatibility and
harmony to adjacent and nearby properties and the city as a whole.
9a) MIA - Buildings are existing
10. Economic effects on adjacent and nearby properties, and the city as a
whole.
10a) Currently the existing building sits vacant. The change
of use and proposed daycare shall provide a needed
service to the community. It would also be
complementary with the charter school.
11. Conformance to the standards and requirements which apply to site
plans, as set forth in Chapter 4 of the City of Boynton Beach Land
Development Regulations.
11a) The proposed project shalf comply
12. Compliance with, and abatement of nuisances and hazards in
accordance with the performance standards, Section 4.N of Chapter 2;
also, conformance to the City of Boynton Beach Noise Control
Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of
Ordinances.
12a) The proposed project shall not create a nuisance to
other properties
13. Required analysis. All conditional use applications for bars, nightclubs
and similar establishments shall include the following analysis:
a. Data on the sound emitting devices/equipment and the methods
. and materials to be used to assure that the acoustic Jevel of the
City Code will be met
b. The analysis shall specify the authority and/or basis for
determination of the acoustic level of the sound emITting
devices/equipment
c. The analysis of any sound retention, reduction or reflection shall
include information such as the nature, type and coefftcients of
sound absorbent and sound-reflecting materials to be used,
coatings of the surfaces of ceilings, walls, windows, and floors
and insulation to be used.
d. It shall also verify that sound standards shall be met during the
normal opening of doors for people entering and exiting the
establishment.
13) NIA
3
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EXHIBIT "0"
Conditions of Approval
Project name: High Ridge Academy
File number: caus 09-005 MSPM 09-007
Reference: 2nd review plans identified as a Conditional Use / Major Site Plan Modification with a September
1,2009 Planning & Zoning date stamp marking.
DEPARTMENTS INCLUDE REJECT
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. Provide notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach County Traffic Engineering.
BUILDING DIVISION
Comments:
2. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
3. At time of permit review, submit signed and sealed working drawings of X
the proposed construction.
4. Add a general note to the site plan that all plans submitted for permitting X
shall meet the City's codes and the applicable building codes in effect at
the time of permit application.
5. Pursuant to approval by the City Commission and all other X
outside agencies, the plans for this project must be submitted
to the Building Division for review at the time of permit
application submittal. The plans must incorporate all the
- 588 -
DEPARTMENTS INCLUDE REJECT
conditions of approval as listed in the development order and
approved by the City Commission.
6. The full address of the project shall be submitted with the X
construction documents at the time of permit application
submittal. The addressing plan shall be approved by the United
States Post Office, the City of Boynton Beach Fire Department,
the City's GIS Division, and the Palm Beach County Emergency
911.
A) Palm Beach County Planning, Zoning & Building Division, 100
Australian Avenue, West Palm Beach, Florida (Sean McDonald-
561-233-5013)
B) United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872
PARKS AND RECREATION
Comments: None X
FORESTER/ENVI RON M ENT ALl
ST
Comments: None X
PLANNING AND ZONING
Comments:
7. Correct the note on the Landscape Plan Sheet L-2 regarding unobstructed X
visibility, changing 6 feet to 8 feet.
8. It is the applicant's responsibility to ensure that the conditional use and X
major site plan modification are publicly advertised in accordance with
Ordinance 04-007.
9. Should the proposed building & site modifications permit valuation exceed X
$250,000, the applicant is responsible for compliance with Ordinance 05-
060, the "Art in Public Places" program, and must demonstrate their
participation.
ADDITIONAL PLANNING &
DEVELOPMENT BOARD
- 589 -
DEPARTMENTS INCLUDE REJECT
CONDITIONS
Comments:
None. X
ADDITIONAL CITY
COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Quantum Lot 18,19 Survivors School\High Ridge Academy - Flex Bldg\COA.doc
- 590 -
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON
BEACH, FLORIDA
PROJECT NAME:
High Ridge Academy
APPLICANT'S AGENT:
Chris Nardone, Ken Carlson Architects
APPLICANT'S ADDRESS:
1002 E. Newport Center Dr., Suite 101
DATE OF HEARING RA TIFICA TION BEFORE CITY COMMISSION: October 20, 2009
TYPE OF RELIEF SOUGHT: Request for Conditional Use/Major Site Plan Modification approval to
allow for the conversion of an existing 14,692 square foot flex office
building to a pre-school/daycare use.
LOCATION OF PROPERTY: 1275 Gateway Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the relief sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the relief sought was made by the Applicant III a manner
consistent with the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantial competent evidence are as set forth on Exhibit "C" with
notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
- 591 -
6. All further development on the property shall be made in accordance with the terms and
conditions ofthis order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\ WP\PROJECTS\Quantum Lot 18,19 Survivors School\High Ridge Academy - Flex Bldg\DO.doc
- 592 -
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
September 23, 2009
Ms. Zeitler responded in the past, projects that had repeated extensions were required to landscape
the site along Federal Highway. She reported the fence screened the site well and the request was
for their first extension.
Mr. Herrera also added the grass had been mowed since receiving the approval.
Chair Saberson opened the public hearing. No one coming forward, Chair Saberson closed the
public hearing.
Motion
Mr. Myott moved to approve the site plan extension for Baywalk. Ms. Grcevic seconded the motion.
Mr. Myott amended his motion to include the approval was subject to all staff comments. Ms.
Grcevic agreed to the amendment. A vote was taken and unanimously passed.
7. New Business
A. 1. Hiah Ridae Academv, (CQUS 09-005) (MSPM 09-007), Conditional Use / Major
Site Plan Modification, located at 1275 Gateway Boulevard/ NE corner of Gateway
Boulevard and Park Ridge Boulevard. Request for conditional use / major site plan
modification approval to allow for the conversion of an existing 14,692 square foot
office building to a preschool/day care use. Applicant: 1325 Gateway LLC.
Mr. Breese explained part of the request that was previously approved was for a 33,000 square foot
charter school on the site, which would not be modified as part of the request. The applicant was
proposing to modify the two-way drive isle in front of the building. There would be one-way
eastbound parking in an effort to improve pedestrian safety and decrease vehicular conflict.
The daycare would have an outdoor play area on the backside of the northern part of the property,
which was previously approved for parking. There would be a reduction in parking spaces from 254
to 200 spaces, providing for an additional 50 parking spaces over the required amount. The outdoor
play area would be fenced and landscaped. The front would also be landscaped. The preschool
was compatible with the Charter School on site and the surrounding office uses on adjacent parcels.
The building has large setbacks and appropriate buffers. There would be minimal off-site impacts
associated with the use. Red awnings would be added to the site and the structure would be
painted a color complimentary to the Charter School. Staff recommended approval of the request.
Chris Nardone, Kenneth Carlson Architects, was in agreement with the conditions of approval.
There was lengthy discussion about the student drop-off areas. The school would accommodate
250 children during normal school hours. There would be some aftercare; however, there was a
great deal of concern about stacking and the queuing of cars. Mr. Nardone responded the purpose
of the one-way direction was to help control traffic and increase safety. There were designated
areas for students to enter the building, arranged by age category and the younger students would
enter the building on the east side.
There was also discussion about the traffic signal on Gateway Boulevard and the turn lane to enter
the site. School staff would have to assist with traffic control and looping of traffic. Students could
3
- 593 -
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
September 23, 2009
turn left, go around the school and leave at the intersection. There was also a concern regarding
vehicles stopping on Gateway. The building width could accommodate 25 to 30 vehicles in front of
the school. Switching the play area with the parking area was also discussed.
The Board discussed the traffic study did not address the queuing issues. The area accommodated
the high school that allowed students to drive their own vehicles to school. Drivers could enter via
the eastern driveway to go around the back of the school; however, there was also a blind turn and
there were issues associated with life/safety, as there was not only Boynton Beach Community High
School, but also the Survivor's Charter School and the daycare. It was thought having a traffic study
would be beneficial.
Motion
Mr. Lis moved the petition be tabled until such time as sufficient information is provided to the
Planning and Development Board that addressed traffic issues associated with the project.
Discussion ensued regarding tabling the item to the next month's meeting and add a condition that
may only put on the agenda if the applicant has submitted to City staff, a report from a traffic
engineer that staff found satisfactory. Additional dialogue followed that if a traffic study was needed,
the applicant usually has to post a bond or cash application for a traffic or parking study that is used
to hire an outside consultant to evaluate the study. It was strongly recommended that when a new
school applies for a site plan, part of the application requirements would be to submit a queuing
analysis.
Chair Saberson explained the Board would table the item to the next month's meeting and the
request could be placed on the agenda for the next month only on the condition that the applicant
submits to City Staff an analysis by their traffic engineer. This included a queuing analysis for the
site that addresses the issues raised by the Board and that staff finds the information submitted is
satisfactory. If staff finds it is not, it will not be put on the agenda.
Motion
Mr. Lis moved to the above. My Myott seconded the motion that unanimously passed.
B. 1. First American Bank Office Complex, (MSPM 09-008), Major Site Plan
Modification, located at 1301 N. Congress Avenue. Request for major site plan
modification and shared parking study approval to convert 15,000 square feet of an
existing 40,000 square foot office building to medical uses. Applicant: TP Eleven
LLC. .
Mr. Breese presented the request. The use would require 134 parking spaces and the site has 135
on site. Parking for medical uses is calculated at one parking space per 200 square feet of office
space. With the conversion proposed, 158 spaces would be required, thereby having a 23 parking
space deficit. A shared parking analysis with Bru's Room was submitted. Bru's Room has 133
parking spaces; one more than required by Code. The data in the shared parking analysis reflected
that the two sites, once combined, would have 268 parking spaces, and the Code required 290.
The shared parking analysis reflected the peak demand for the two sites equates to 247 parking
spaces, which would be an excess of 21 parking spaces across the two sites. Staff agreedwith the
study and it appeared the peak demand for office space was during the week and in the mornings
and afternoons, where restaurants typically have their peak on evenings and weekends. The
4
- 594 -
8. C
PUBLIC HEARING
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
~ PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: First American Bank Office Complex, (MSPM 09-008),
Major Site Plan Modification, located at 1301 N. Congress Avenue. Request approval of a major site
plan modification and shared parking study to convert 15,000 square feet of an existing 40,000 square
foot office building to medical uses. Applicant: TP Eleven LLC.
EXPLANATION OF REQUEST:
Major site plan modification and shared parking study approval to convert 15,000 square feet
of an existing 40,000 square foot office building to medical uses. Staff and Board recommend
item be approved.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
N/A
FISCAL IMPACT:
N/A
AL TERNA TIVES:
N/A
- 595 -
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-062
STAFF REPORT
TO:
Chair and Members
Planning and Development Board and City Commission
THRU:
Michael Rumpf
Planning and Zoning Director
FROM:
Ed Breese
Principal Planner
DATE:
September 14, 2009
PROJECT NAME/NO:
First American Bank Office Complex / MSPM 09-008
REQUEST:
Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner:
TP Eleven LLC
Applicant:
TP Eleven LLC
Agent:
Mr. Brian Cheguis of Cotleur & Hearing, Inc.
Location:
1301 N. Congress Avenue (see Exhibit "A" - Location Map)
Existing Land Use/Zoning:
Local Retail Commercial (LRC) / Community Commercial
(C-3)
Proposed Land Use/Zoning:
No change proposed
Proposed Use:
Convert 15,000 square feet of an existing 40,000 square foot
office building to medical uses.
Acreage:
1.89 acre parcel for office complex
Adjacent Uses:
North: Developed commercial restaurant (Bru's Room) with a Local Retail
Commercial (LRC) land use designation and zoned Community Commercial (C-3);
South: Entrance to Boynton Beach Mall, then farther south is developed
commercial with a Local Retail Commercial (LRC) land use designation and zoned
Community Commercial (C-3);
- 596 -
East: Right-of-way for Congress Avenue, then farther east developed
commercial (Boynton Village & Town Center); and
West: A retention pond for the Boynton Beach Mall, then the Boynton
Beach Mall itself.
BACKGROUND
Proposal:
The applicant is proposing to convert 15,000 square feet of an existing
40,000 square foot, four-story professional office building to medical office use.
The request requires the submittal of a shared parking study and updating of the
Reciprocal Easement Agreement between the subject office complex and Bru's
Room.
Site Characteristic: According to the Shared Parking Exhibit (Exhibit "B"), the First American Bank
Office shares an entry drive from Congress Avenue with Bru's Room immediately
to the north. The First American Bank Office is situated on a 1.89 acre parcel and
Bru's Room on a 1.68 acre parcel, for a total of 3.57 acres.
ANAL YSIS
Concurrency:
Traffic:
A traffic concurrency approval letter from Palm Beach County for this
project will be required prior to the issuance of any permits for tenant
improvements (see Exhibit "E" - Conditions of Approval).
Drainage:
No drainage functions are being affected by this request.
School:
School concurrency is not required for this type of project.
There are three (3) existing driveway openings associated with the site. None of
these existing driveways will be modified and no new ones added. These driveway
openings would allow for both vehicular ingress and egress. The first driveway is
located on Congress Avenue and provides access to both the office building and Bru's
Room. There are also two (2) existing driveway openings along the subject parcel's
south property line at the north entry drive into the Boynton Beach Mall. Under the
existing Reciprocal Easement Agreement between the office and Bru's Room, both
parties share and utilize the three (3) driveway openings.
- 597 -
v: General office uses require one (1) parking space per 300 square feet of gross floor
area. Therefore, the existing 40,000 square foot office building requires 134 parking
spaces. The Shared Parking Exhibit (Exhibit "B"), shows that 135 parking spaces are
provided on the office site. The applicant however, desires to convert 15,000 square
feet of the four-story professional office building to medical office use. Medical office
parking requirements are calculated at one (1) parking space per 200 square feet. The
revised calculation would require a total of 158 parking spaces, which is 23 spaces
more than currently existing on the office site. Since the applicant's request would
leave the site 23 parking spaces shy of the requirement, a Shared Parking Analysis was
submitted to confirm the current adequacy of existing parking spaces based on a
shared scenario. The applicant, as noted earlier, already has a recorded agreement with
the property to the north (Bru's Room) for cross access and cross parking purposes,
since the peak demand for their two businesses do not coincide. Bru's Room has 133
parking spaces on it's property, one (1) space more than required by code. Based upon
the data contained within the analysis, the two sites together have a total of 268
parking spaces. According to code, 290 parking spaces would be required for the two
uses, after the conversion of 15,000 square feet of general office space to medical
office use. A review of the Shared Parking Analysis submitted by the applicant indicates
that the expected peak demand (with the 100/0 buffer required by City code) would
equate to 247 spaces, for an excess of 21 parking spaces. The study indicates that the
peak demand for parking between the two sites would be on weekdays, between 9am
and 4pm. The study appears logical in that peak demand for office uses is during the
day and restaurants attract the greatest number of patrons in the evening and on
weekends. Staff has reviewed the Shared Parking Analysis and recommends its
a- 598 -
approval to the Board and Commission.
Landscaping: No exterior site improvements are proposed with this requested modification.
Building and Site: No exterior site improvements are proposed with this requested modification.
Design:
No exterior site improvements are proposed with this requested
modification.
Signage:
No signage changes are proposed with this requested modification.
RECOMMENDATION
Staff has reviewed this request for major site plan modification and recommends approval,
contingent upon successfully satisfying all comments indicated in Exhibit "E" - Conditions
of Approval. The shared parking and cross-access concepts promote sustainable and smart
growth objectives through the avoidance of unnecessary expansion of parking and
impervious site areas, while improving access management on high volume roadways and
reducing trip lengths. Any additional conditions recommended by the Board or City
Commission shall be documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTSWt American Bank\ MSPM 09-008\Staff Report.doc
- 599 -
EXHIBIT "A" .. SITE LOCATION MAP
FIRST AMERICAN BANK MSPM 09..008
230 115 0
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230
460
690
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- 600 -
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Shared Parking Data
SIIARED PARKING EXHI!3IT
SITE DATA
AffectroAffi"
Ofl,.l'"R.t;J<Xn.5p.;".sGd
'-.andlJse
Zoning
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Prdoc:;::~,~i Uf.~A 4),000
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C-,
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'Jri8:lt'('!tP.3l'kil'!lV~1 ,l;I:lI;:
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132 13::-
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2.66 268
~
...' Shared Parking Exh
North NOT TO SCALE
Cotleur &
Hearing
EXHIBIT C
Landscape Architects I Land Planners I Environmental Consultants
1934 Commerce Lane . Suite 1 . Jupiter, Florida . 33458 ' Ph 561.747.6336 . Fax 56"1.747.1377 . www.cotleurhearing.com . Lie # LC.C000239
Tuesday, August 18, 2009
1301 N. Congress Avenue (First American Bank Office Complex) Site Plan Amendment
Approval Request - Shared Parking Approval
CH project #09-0524
JUSTIFICATION STATEMENT
Cotleur & Hearing, Inc., on behalf of TP Eleven LLC, (the 'Owner') of the office building located
at 1301 N. Congress Avenue, (a.k.a. First American Bank Office Complex) is pleased to submit
a Site Plan Amendment application for review and approval by the City of Boynton Beach City
Council. Approval of the request would allow for the introduction of up to 15,000 square feet of
Medical Office use within the existing office building. The owners of both 1301 N. Congress
Avenue (a.k.a. First American Bank Office Complex) and the neighboring 1333 N. Congress
Avenue (a.k.a. Bru's Room) currently agree to share an entrance and access to parking
between the joined properties by way of a reciprocal easement agreement in effect as of
September 22nd 1988. This Site Plan Amendment request requires no exterior building
modifications or site improvements/modifications including additional parking spaces or
modifications to existing greenspace or vehicular circulation area.
This request is being made as the City of Boynton Beach does not acknowledge third party
shared parking agreements and this is the only recognized method to approve said parking
arrangement as permitted and outlined in the City's zoning code, specifically Ch. 2. Sec.
11H13.
The sharing of parking for Medical Office, Professional Office and Restaurant uses is extremely
efficient based on the peak patronage periods for the various uses. Both office uses have a
constant patronage period spread evenly throughout the day for each week day. By. the end of
each weekday, patronage begins to drop off dramatically through the dinner hours (beginning at
4 pm and ending at6pm). The restaurant use is not open in themorningsuthrough. the week
and begins to have patronage from lunch through to the end of the day. At the dinner hour the
restaurant use has the highest amount of patronage and into the evening hours. There is no
parking demand for the office use through the weekdays after 5 pm. Further, there is no parking
conflict between the various uses on the weekend as only the restaurant is open and requires
parking for patrons.
Table one within the Shared. Parking Exhibit (attached herein) indicates the amount of parking
that is available on-site (268 parking spaces). It indicates that with Professional Office parked at
1 space per 300 square feet; Medical Office parked at 1 space per 200 square feet and
Restaurant parked at 1 space per every 2.5 seats, that the following ratio of uses would require
up to 290 parking spaces as outlined in zoning code Chapter 2, Section 11 H, 1:
-Professional Office 25,000 s.f.
-Medical Office 15,000 s.f.
-Restallrant 329 seats
83 parking spaces
75 parking spaces
132 parking spaces
290 total parking spaces req'd
F:IProject Documentsl09.0524 1301 N. Congress AvelApplications and Submittals'JustifieatienStatement9.09,2009.doc
- 602 -
1301 N. Congrc>s Avenue
Site Plan Amendment .... Shared Parking
9/9/2009
EXHIBIT C
Table 2 of the Shared Parking Exhibit which reflects a more realistic utilization of the parking
area given the specific mix of uses at this location indicates that at no time is there a conflict in
the availability of parking for all of the existing and proposed uses at their peak hours of
operation, throughout the day or on weekends. The highest parking demand between the two
properties would be 247 parking spaces during the week between 9 am and 4 pm. It should be
noted that the above figure includes the City's standard 10% parking buffer for additional
assurance that no conflicts shall arise as a result of the shared parking arrangement.
The existing agreement between the two property owners (see attached document) indicates
that perpetual nonexclusive easement rights have been granted in favor of both parties on each
respective property (Section 5 and 6). Further, the agreement clearly indicates that as long as
the parking meets "zoning, platting and subdivision ordinances of any governmental authorities
having jurisdiction over the property" that the agreement remains valid (Section 8). The
previous analysis outlines that all required parking for all proposed uses would meet the
standards of (eh. 2 Section 11.H.1.d) of the Boynton Beach Land Development Regulations
The Applicant is anxious to finalize the formal approval of this request as tenant agreements are
tied to a December delivery date for the Medical Use. Should Staff have any questions or
should additional information be required please do not hesitate to contact Brian Cheguis at
Cotleur & Hearing, direct: (561) 718-4512.
- 603 -
@>, \1
\(~ u
SEP - 1 2009
AFFECTED PROPERTY OWNER CERTIFICATION AND CONSENT AFF
The undersigned hereby acknowledges that TP Eleven, LLC (owners of 1301 N,
Congress Avenue - aKa. First American Bank Office Complex) are submitting to the
City of Boynton Beach Planning and Zoning Division a petition for Site Plan Review for
Major Modifications to Existing Site Plan for the approval of a Shared Parking Analysis
for their site and to include the adjacent property located at 1333 N. Congress Avenue
(a.k.a. Bru's Room Sports Grill).
The undersigned is the owner of the affected property located at 1333 N. Congress
Avenue (a.k.a. Bru's Room Sports Grill).
The undersigned has reviewed the above referenced application material and plans
associated with the request for approval of a Shared Parking Analysis and consents to
the filing of said application by Brian Cheguis of Cotleur & Hearing, I nc,
The undersigned hereby acknowledges the continued existence of the reciprocal
easement agreement executed on September 22, 1988 (as recorded in Offical Record
Book 5821 Page 1318) and mutual covenants contained within said agreement binding
the properties. (Attached herein)
The undersigned does hereby acknowledge, represent and agree that all plans,
specifications, drawings, engineering, and other data submitted with this Site Plan
Review for Major Modifications to Existing Site Plan application for review and approval
by the City of Boynton Beach shall be reviewed by the various boards, commissions,
staff personnel and other parties designated appointed or employed by the City of
Boynton Beach and will become part of the permanent public records of the Planning
and Zoning Division.
FURTHER AFFIANT SA YETH NOT. ,f;!J/
The foregoing instrument was acknowledged before me this ;zL/ day of August, 2009,
by Bob Brudzinski who is p~JJon~I.ly known. to :':le or who has. pr?duced /:'
" "',' "'" ",,' '", '," (type of Identlflciiltlon) as.. I..d..e.. nt~!s~.~o. n,a ....~...Og.. .le19Id.n...ot~,/
,take an oath. :1<;1..r. 1 / / // / I
{'" ./ . f I
(J4 '---f~ '--~ttfLfLQ fl/!:::;;:; /~,~ if" /<' /
" ~Signature--6f Person Taking Acknowledgement) / f. ; Applic s Signature
-" I' . . .:
:.~Jd'{)I'\""l". (r\I, J ~j-(..( , () ,
(Name of Acknowledger Typed, Printed or Stamped)
(Print)
Robert Brudzinski
Applicant's Name
(for Brus Wings Inc.)
(Title or Rank)
5460 W. Hillsboro Blvd
Street Address
(Serial Number, if any)
Coconut Creek,Florida33073
City, State, Zip Code
~I!I.IIIIUTIU.O ....
..., ,... 0 liIlIlII 'II R8IIlM
iii Cttll1!nlr 1lfIlI1I....2.
liT IV.-"
( 561 ) 968-1050
Telephone
EXHIBIT "0"
- 604 -
EXHIBIT "E"
Conditions of Approval
Project name: First American Bank Office Complex
File number: MSPM 09-008
Reference: 1st review plans identified with an August 19,2009 Planning & Zoning date stamp marking.
DEPARTMENTS INCLUDE REJECT
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVI RON M ENT ALl
ST
Comments: None X
PLANNING AND ZONING
Comments:
- 605 -
DEPARTMENTS INCLUDE REJECT
1. A Traffic Concurrency approval letter from Palm Beach County Traffic X
Engineering will be required prior to issuance of any permits for the interior
build-out.
2. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program. Should the permit value exceed the
threshold of $250,000, the applicant shall be subject to said regulations.
3. Since only 15,000 square feet of the building would be approved for medical X
office use, the property owner/leasing agent will be required to monitor the
tenants and their respective parking requirements, using a spreadsheet. Each
tenant lease would require a copy of the spreadsheet and that document
would be submitted with each tenant's application for an occupational
license. This spreadsheet would be maintained and continuously updated by
the property owner/leasing agent.
ADDITIONAL PLANNING &
DEVELOPMENT BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY
COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\lst American Bank 1301 N. Congress Ave\COA.doc
- 606 -
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON
BEACH, FLORIDA
PROJECT NAME: First American Bank Office Complex
APPLICANT'S AGENT: Brian Cheguis - Cotleur & Hearing Inc.
APPLICANT'S ADDRESS: 1934 Commerce Lane Suite 1, Jupiter, FL 33458
DATE OF HEARING RA TIFICA TION BEFORE CITY COMMISSION:
October 20, 2009
TYPE OF RELIEF SOUGHT: Request to convert 15,000 square feet of an existing 40,000 square
foot office building to medical uses.
LOCATION OF PROPERTY: 1301 N Congress Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the relief sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the relief sought was made by the Applicant III a manner
consistent with the requirements ofthe City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantial competent evidence are as set forth on Exhibit "C" with
notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
- 607 -
6. All further development on the property shall be made in accordance with the terms and
conditions ofthis order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\lst American Bank 1301 N. Congress Ave\DO.doc
- 608 -
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
September 2~, 2009
turn left, go around the school and leave at the intersection. There was also a concern regarding
vehicles stopping on Gateway. The building width could accommodate 25 to 30 vehicles in front of
the school. Switching the play area with the parking area was also discussed.
The Board discussed the traffic study did not address the queuing issues. The area accommodated
the high school that allowed students to drive their own vehicles to school. Drivers could enter via
the eastern driveway to go around the back of the school; however, there was also a blind turn and
there were issues associated with life/safety, as there was not only Boynton Beach Community High
School, but also the Survivor's Charter School and the daycare. It was thought having a traffic study
would be beneficial.
Motion
Mr. Lis moved the petition be tabled until such time as sufficient information is provided to the
Planning and Development Board that addressed traffic issues associated with the project.
Discussion ensued regarding tabling the item to the next month's meeting and add a condition that
may only put on the agenda if the applicant has submitted to City staff, a report from a traffic
engineer that staff found satisfactory. Additional dialogue followed that if a traffic study was needed,
the applicant usually has to post a bond or cash application for a traffic or parking study that is used
to hire an outside consultant to evaluate the study. It was strongly recommended that when a new
school applies for a site plan, part of the application requirements would be to submit a queuing
analysis.
Chair Saberson explained the Board would table the item to the next month's meeting and the
request could be placed on the agenda for the next month only on the condition that the applicant
submits to City Staff an analysis by their traffic engineer. This included a queuing analysis for the
site that addresses the issues raised by the Board and that staff finds the information submitted is
satisfactory. If staff finds it is not, it will not be put on the agenda.
Motion
Mr. Lis moved to the above. My Myott seconded the motion that unanimously passed.
B. 1. First American Bank Office Complex, (MSPM 09-008), Major Site Plan
Modification, located at 1301 N. Congress Avenue. Request for major site plan
modification and shared parking study approval to convert 15,000 square feet of an
existing 40,000 square foot office building to medical uses. Applicant: TP Eleven
LLC.
Mr. Breese presented the request. The use would require 134 parking spaces and the site has 135
on site. Parking for medical uses is calculated at one parking space per 200 square feet of office
space. With the conversion proposed, 158 spaces would be required, thereby having a 23 parking
space deficit. A shared parking analysis with Bru's Room was submitted. Bru's Room has 133
parking spaces; one more than required by Code. The data in the shared parking analysis reflected
that the two sites, once combined, would have 268 parking spaces, and the Code required 290.
The shared parking analysis reflected the peak demand for the two sites equates to 247 parking
spaces, which would be an excess of 21 parking spaces across the two sites. Staff agreed with the
study and it appeared the peak demand for office space was during the week and in the mornings
and afternoons, where restaurants typically have their peak on evenings and weekends. The
4
- 609 -
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
September 2~, 2009
parking analysis, between the two sites and uses works well. As such, staff recommended
approval of the Major Site Plan Modification and the shared parking analysis. No improvements
were being made to either site or structure.
Brian Chequis, Cotleur & Hearing, Inc., Agent for the project thanked staff for expediting the
application. There was a tenant waiting to commence business, contingent on the formalization of
the shared parking analysis. The property owners, TP Eleven, LLC, owned the11 ,000 square feet
of medical office space. He noted the benefit was the existing use would not change anything on
the site. The two establishments were complimentary uses as it pertained to the parking and there
would be a more efficient use of the parking.
Mr. Chequis explained their study reflected the parking was deficient; however, the cross.leasing
worked well for the uses and he requested the Board's approval. Mr. Chequis was also in
agreement with the conditions of approval. Mr. Breese confirmed the shared parking analysis was
done correctly and the calculations would function adequately. It was suggested signage be used to
direct patrons where to park. Mr. Breese confirmed staff observed the site on a number of
occasions and found both sites were well under parked during the week.
Motion
Mr. Myott moved to approve the Major Site Plan Modification for the application subject to all staff
comments. Ms. Grcevic seconded the motion that unanimously passed.
8. Other
None.
9. Comments by members
None.
10. Adjournment
There being no further business to discuss, the meeting properly adjourned at 7:34 p.m.
Catherine Cherry
Recording Secretary
092409
5
- 610 -
9. A
CITY MANAGER'S REPORT
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 10/20/09
D ANNOUNCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: Consider request from the Town of Briny Breezes
seeking relieffrom: 1) Annual contract adjustments in the current Police and Fire/EMS Services
contracts and 2) Water/Sewer charges.
EXPLANATION OF REQUEST: Mayor Roger Bennett met with Mayor Jerry Taylor and Assistant
City Manager Lori LaVerriere in early September to discuss whether or not the City would
consider providing relief in the above contract areas. ACM Lori LaVerriere requested the Town
formalize their request in writing and provide support information for the City Commission to
consider. Please see the attached letter from Mayor Roger Bennett which outlines the Town's
request. (Exhibit A)
City staff reviewed their request and prepared a response letter dated October 7, 2009
clarifying some of the statements in Briny's request letter. A copy of the letter is attached.
(Exhibit B)
Police Services Contract:
Summary/Background: Entered into on October 1, 2007. The contract term is three (3)
years, terminating 9/30/10. We are entering into the third year of the contract. Either party may
terminate the contract with sixty (60) days written notice and the termination will become
effective at the end of the first complete fiscal year. The current contractual fee is $202,800
through 9/30/09 and is scheduled to increase 4% on 10/1/09 to $210,912. This amounts to an
$8,112 increase. The contract provisions that apply are as follows:
The Agreement provides for two adjustments: Article X. Section 10.2 and 10.3 (copy of
Agreement attached as Exhibit B).
- 611 -
1) Section 10.2: "The parties agree to negotiate in good faith an adjustment to Annual Fee
which may be necessary to offset any increased costs incurred by the City in providing
the services and programs pursuant to this Agreement, due to salary increase for polices
personnel, increases in operational expenses, unfunded mandates of the Federal, State,
or County government specifically directed toward the provision of police services, and to
address any unforeseen events or contingencies which may have occurred during the first
year of this Agreement." Even though the City has experienced increases in operational
costs, the City has not requested an increase under this provision of the contract and
recommends keeping the Annual (base) Fee the same.
2) However, a second provision (Section 10.3) provides that "the annual fee payable by the
Town to the City shall be adjusted effective October 1st of each succeeding year of this
Agreement. The annual adjusted compensation commencing on October 1st of each year
of this Agreement shall be determined by incorporating the annual Consumer Price Index
(CPI) in accordance with the Department of Labor - Department of Statistics or an
increase of four percent (4%), whichever is greater."
The Town of Briny Breezes is seeking relief from the contract adjustment. Prior to submittal of
their letter, the Town discussed the possibility of eliminating the eight (8) hour patrol officer
from the contract to reduce their costs. Staff feels strongly that eliminating the eight (8) hour
daily post would compromise the service the City provides to the residents of Briny Breezes.
The time an officer spends there everyday is a worthwhile investment and deters crime and the
criminal element from the Town of Briny Breezes. In order to maintain the level of service
being provided, the eight hour shift should remain. Therefore, staff's proposal is to continue
with the current level of service for the upcoming 3-year contract (2010-13) and maintain the
scheduled contract pricing.
Fire Rescue and Emen::Jencv Medical Services Contract:
Summary/Background: Contract entered into on 5/18/2004. The contract term is twelve (12)
years, ending on September 30, 2016. Either party may terminate the Agreement upon a
minimum of one (1) year's written notice with the termination becoming effective at the end of
the first complete fiscal year. The current contractual fee is $260,655 through 9/30/09 and is
scheduled to increase four percent (4%) on October 1, 2009 to $271,082. This amounts to a
$10,427 increase. The contract provisions that apply are as follows:
The Agreement provides for two adjustments: Section 4. Payment. Paragraph Band C (copy
of Agreement attached as Exhibit C).
1) Paragraph B: "The parties agree to negotiate in good faith an adjustment to the Annual
Fee which may be necessary to offset any increased costs incurred by the City for
providing the services and programs pursuant to this Agreement, due to unfunded
mandates specifically directed toward the provision of fire rescue services, of the
Federal, State, or County government and to address any unforeseen events or
contingencies." Even though the City has experienced increases in operational costs,
the City has not requested an increase under this provision of the contract and
recommends keeping the Annual (base) Fee the same.
2) Again, a second provision (Paragraph C) provides "In addition to the adjustments to the
Annual Fee provided in subsection 4B of this Agreement, no later than May 1,2005 and
- 612 -
each year thereafter during the term of this Agreement, the Annual Fee payable by the
Town to the City shall be adjusted effective October 1, 2005 and for each succeeding
year of this Agreement shall be determined by incorporating the May All Urban
Consumer Price Index (CPI) in accordance with the Department of Labor - Department
of Statistics or an increase of four percent (4%), whichever is greater."
The Town of Briny Breezes is seeking relief from the contract adjustment. The City has
Interlocal service contracts with surrounding municipalities which contain the same adjustment
clause. Making an exception in this case will only undermine the strength of our other
contracts and cause those parties to seek similar relief. A precedent could be set that would
be detrimental to our anticipated/budgeted revenues.
Water/Sewer Services:
Summary/Background: In 1984 the City and Briny Breezes, Inc. entered into an agreement
establishing water service between the City and the property owned by the Corporation. A
copy of the agreement is attached. Said agreement was assigned to the Town of Briny
Breezes via Resolution R94-121. Since the inception of the agreement the Town has been
charged the Outside-City rate for potable water.
The Town of Briny Breezes is requesting relief in both water/sewer rates/charges. The Town
has enjoyed the benefit of "large user" status for sewer billing since 1985, when it connected to
the City's wastewater system. This status was a benefit of participating in the Federal 201
Facilities Planning program which encouraged regionalization of sewage treatment, and the
elimination of small sewage treatment facilities, such as the one previously owned by the
Town. For this reason, the Town is charged the lowest rate of all the City's sewer customers.
The Town is seeking additional relief in this area.
Regarding potable water, the Town is charged the typical and customary outside-city
residential rate for its drinking water. This rate structure includes a base facility charge,
calculated on the number of units being served, and a usage charge for the actual gallons
consumed. This same rate structure is applied to all customers within the service area,
whether they are a single-family home or a community on a master meter, such as Briny
Breezes. Outside-city customers are, however, charged an additional 25%, as allowed by
State law; the sole exception being the Town of Ocean Ridge which is allowed an Inside-city
rate, by virtue of it once being part of the City of Boynton Beach, and also by virtue of the fact
that, as part of the separation agreement from the City, Ocean Ridge assumed the ownership
and maintenance responsibility for its entire distribution system. Ocean Ridge therefore
possesses some unique features not shared by any other entity in the service area. The Town
of Briny Breezes is, however, also seeking a bulk rate for potable water use. Such a rate is not
currently used by the City for any other potable water customer.
However, as staff researched the history of our Sewer Service Agreements with Briny Breezes
we discovered the sewer base rate that the Town has been paying ($496 monthly) should
have discontinued in March 2006. Our Sewer Service Agreement was entered into in June of
1985 (via Resolution 85-GG). According to our billing records, this monthly base rate was not
actually billed until February 1986. The intent of the $496 monthly charge was to recoup capital
construction costs financed by the City for the construction of the Boynton Beach-Delray
Beach Regional Wastewater Treatment Plant and Disposal Facility. The agreement does not
specifically state the twenty year sunset but we've found references to this intent in some of
- 613 -
the backup documents to the agreement. Therefore, the City should refund Briny Breezes for
42 months @ $496/month for a total of $20,832.00. This can be accomplished administratively.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Dependent on decision of Commission.
Any relief granted will reduce anticipated revenues.
FISCAL IMPACT: Loss of budgeted revenues for FY 2009/2010. Funding reduction would need
to be mitigated through the use of undesignated fund balance.
AL TERNA TIVES:
1) Deny request for relief in all of the aforementioned contracts;
2) Consider a modification to the Town's request for relief and provide partial relief;
3) Staff Recommendation: Staff does not support making any adjustments to the Police or
Fire/EMS contracts at this time. With regards to the Water/Sewer service contracts, the City
should refund the Town of Briny Breezes $20,832.00 for the monthly fee ($496) that should
have discontinued in March, 2006. Otherwise, staff recommends no change in water/sewer fee
structure and charges.
- 614 -
~
,~-
~
r-
I
/ Sf? 2 1 ~~1()9
L....____ ,
Ms. Lori La Yerriere:
Assistant City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425~031 0
September 15, 2009
Re: The City's Contractual Charges to Town of Briny Breezes
Dear Ms. La Yerriere:
This is in response to your request for a letter explaining the Town's budgetary problems in
meeting the cost of the several governmental services which your City provides to the Town of
Briny Breezes, So that this matter can be brought to the attention of your City Council for
resolution. The Town has had an excellent relationship with the City of Boynton Beach through
its contracts with your police, tire and utility departments, and it is my hope and that of the Briny
Breezes Town Council to continue that good relationship with these negotiations.
The Town understands that its contract for Police Protection Services contains certain automatic
price increases to the yearly rates, including a minimum cost-of-living increase even if the CPI
has not increased due to inflation. For this service, last year's cost of $203,935 has risen by
$8,165 to $212,100. The same increase provisions apply to the Town's contract for Fire
ProtectionlEmergency Medical Services. For this contract, last year's cost of $260,656 has risen
by $10,426 to $271,082. To the extent that some part of these built-in increases may fall within
the discretion of the City Council for equitable adjustment, tbe Town respectfully requests some
measure of rel ief that would reduce or otherwise mitigate these costs.
The City has also increased its charges to the Town for potable water service by an estimated
$20,000, raising last year's charge of $65,000 to this year's projected estimate
of $85,000. For S~itary Sewer Service, the City is raising the Town's cost by an estimated
$7,000, from $28,000 for last year, to $35,000 for this year. The Town makes the same request
for discretionary relief to the Boynton Beach City Council regarding the waler and sewer charges
as it does, as above, for the police and tire costs. The total cost for all four services which your
Page 1 of4
- 615 -
City provides to the Town have increase by $45,691 to $603,182 for the new fiscal year. To
budget for these and other necessary Town serviccs for the 2009-2010, the Town has opted for
the maximum 10 mills as its Tentative Millage Rate, and yet it still faces a revenue shortfall.
In regard to the utility charges, the Town has a further reason for requesting a cost reduction.
The Town of Briny Breezes is a bulk buyer of both water and sanitary sewer services from the
City of Boynton Beach. As a municipal corporation, the '1'0\\11 is a single customer of the City.
As the owner and operator of its own utility system, the Town is the direct provider of water and
sewer services to the residents of the Town. Yet the City continues to base its charges to the
Town on the number of individual customers ....ithin the '1'0\\'0 who receive utility services,
regardless of the fact that the Town owns, operates, and solely maintains the utility system that
serves the Town residents. For some reason, the acceptance and application of these facts have
not been acknowledged by the City's officials in it's Utility Department, who continue under the
false assumption that the City of Boynton Beach owns and maintains the water and sewer utility
distribution system within the '1'0\\11 and that therefore, the City, not the Town, is the direct
provider of service to the Town's residents. Evcn though the City no longer owns the water once
it passes beyond the Town's service connection point, and even though the City docs not have
individual water meters to read in Briny, and even thougli the City does not send individual bills
to the Briny consumers, and even though the City does not own or maintain thc Briny water
distribution mains, laterals and hydrants, they nevertheless argue that the status of Briny Breezes
as a municipality is to be ignored, and that the TOVll11 has no more significance than that of any
other trailer park located outside the City limits, and therefore it is right and proper to bill the
Town on a rate based on each individual service cOlmection within the Town, and not as a single,
bulk water, purchaser.
The Town fonnally acquired tbis utility system from Briny Breezes, Inc., on May 10, 1994. The
documents transferring title are recorded at Omcial Records Book 8261, Page 229, Public
Records of Palm Beach County. Immediately upon acquiring the Utility System, the Town
made substantial improvements at great financial cost by replacing all the existing water mains
east of A-I-A, installing a new 8-inch water main along Old Ocean Boulevard and adding five
fire hydrants. In 2005, the '1'0\\11 installed a new 8-inch water main along Banyan Boulevard and
added five more fire hydrants. Outside of possible maintenance work on some of the 1'O\\11's
fire hydrants, the City does not maintain either the Town's water or its sewer utility system.
The City's present billing system for the To\'''n is a can:yover from that used in its June, 1994,
water supply contract with Briny Breezes, Inc. The Briny Breezes Corporation assigned this
contract to the Town, with the City's consent, as part of the Town's acquisition of the
Corporation's utility system. That contract, dated February 21, 1984, did not contain a rate
schedule except by reference. It provided that the Corporation would be billed for its water
usage on a per unit basis according to the rates set by City Resolution No. 83-EEEE, adopted
October 18, 1983. This Resolution covered both water and sewer rates, with different ratcs for
residential and commercial customers, and differcnt rates for both kinds of customers if located
within or without the City's boundaries. Although Section 8 of the Resolution allowed a
different connection charge for customers outside the City who were "covered by special
Page 2 of 4
- 616 -
contract or franchise agreement", it did not provide a separate ratc category for the City's utility
services delivered to other municipal corporations, such as the Towns of Ocean Ridge and Golf.
Since all of these utility customers, the Town of Briny Breezes included, are municipal
corporations, it would be equitable and appropriate for the City to treat them all on an equal
basis, and to set its rates of service equally to all municipal corporations, absent other
extenuating circumstances.
It may be helpful to the City Council to know that a search of archived records of Briny Breezes,
Inc. disclosed that there was a 1952 watcr supply contract between the City and Paul L. and
Chalmers C. Miller, for what was then known as the Briny Breezes Park. This was called a
Special Rate COIl tract by the City's then rate schedule, and was in fact a bulk service contract to
that customer on an individual basis. This is clearly shown by Section 4 of the contract, which
provided the fOllowing rate schedule for billing to this customer as an individual consumer:
The consumer agrees to pay the municipality for the water furnished at the
rates listed below, unless changed by the mutual agreement of the parties:
Minimum Monthly allowance
Next 2,000 gallons
Next 20,000 gallons
Next 10,000 gallons
Next 465,000 gallons
Next 500,000 gallons
3,000 gallons for $3.00
@ $0040 per 1,000 gallons
@ $0.30 per 1,000 gallons
@ $0.25 per 1,000 gallons
@ $0.20 per 1,000 gallons
@ $0.15 per 1,000 gallons
It is also noteworthy that Section 2 of the Contract required the customer to pay [or the water
meter, all pipe and connections from the City \vater main, and for all repairs to and sen'icing of
the distribution pipes and connections, all of which remained the property of the consumer.
Thus it is clear that the original water distribution system within what is now the Town of Briny
Breezes wcrc never owned or maintained by the City of Boynton Beach. Why City Utilit~.
Department changed the basis for its charges from a single payer to the total number of
consumers within the Town, once it began dealing with the Briny Breezes Corporation, may
have some past historical significance, but regardless, it is appropriate and fitting for the City
Council 10 correct this rate inequity to the Town at this time.
It is equally clear that the City has always regarded the Town as a municipal corporation and a
bulk consumer when providing for sanitary sewer service. Both the Town of Briny Breezes and
the Town of Golf were original joint contributors to the cOntract for the City's federally funded
Regional Sewer Treatment Plant. Sections 5, 6, and 7 of City of Boynton Beach Resolution No.
8S-GG on water and sewer utility rates made separate provision for the rates and charges for
sewer service for both Towns, respectively, as single consumers.
For the above reasons, I request the Boynton Beach City Council to grant some measure ofrclief
that would reduce or otherwise mitigate the costs of these services to the Town of Briny Breezes,
Page 3 of4
- 617 -
In reference to the documents referred to in this letter, I have not attached copies, but they can be
supplied upon request.
Thank you for the opportunity to bring these matters to your attention.
Sincere1y,
, /1
/
k-
Cc: Jerry Taylor, Boynton Beach Mayor
Kurt Bressner, Boynton Beach City Manager
Kofi Boateng, Boynton Beach Director ofUlilities
G. Matthew Immler, Boynton Be..1.ch Chief of Police
WilHam Bingham, Boynton Beach Fire Chief
Town Council, Town of Briny Breezes
TOWN OF BRINY BREEZES
4802 Norlb Ocean Blwl. . Briny Breeze~, FL 33435-7341
phon.., (561) 272-5495 . F1l.x (561) 272-1988
Page 4 of 4
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(((
The City of Boynton Beach
OFFICE OF"fHE aTY MANAGER
100 E. Boynton Beach Boulevard
P.O.8ox310
Boynton Beach, Rodda 33425.0310
City Managers OffICe: (561) 742-6010
FAX: (561) 742-6011
e-mail: laverriere/@d.boynton-bei1ch.fl.u5
WItW.boynton-beach.org
October 7, 2009
Mayor Roger Bennett
Town of Briny Breezes
4802 North Ocean Blvd.
Briny Breezes, FL 33435-7341
Dear Mayor Bennett:
Thank ycu for your letter dated September 15, 2009 in which the
Town of Briny B=eezes is requesti~g relief from certain contract
rate adjustments and user fees relating to Fire/Police and
Water/Sewer services. City staff met to discuss your request and
would like to offer a few comments for clarification on some of the
items in your letter.
1. Page 1, 3~Q paragraph - RE: Sanit~ry Sewer Service: The claimed
increase of $7,000 equates to a 25% increase, based upon your
figures. The actual increase in sewer usage rate from Octobe~
1, 2008 to September 1, 2009 is 0.005%.
2. Page 2, 1st full par~graph - ~: Po~able Water & Sani~ary Sewer:
The Town assumes that the rates are based upon the level of
maintenance or ownership of lines by the City. In fact the
rates are structured to reflect (in part) the reve~ues needed to
meet the Departm~nt's fixed costs vs. its variable costs. How
we recover aU,J; expenses does not reflect ownership of lines,
hydrants, etc., especially on the potable water side. We do not
have a regu~ar bul~ rate to anyone for potable water usage.
3. Page 3, 2ne fu1l pa~~graph - RE: Po~able Water: This paragraph
references a 1952 agreement with Paul and Chalmers Miller. No
special provision was made for the Miller's agreement in
Resolution 84-S. Instead, Resolution 84-5 referenced the
current City rate structure as applicable. This agreement was
approved and accepted by both the City and Briny Breezes, Inc.
in 1984. That agreement also contains, in article 9 (b), the
following stateme:1t in which the "Company" refers to Briny
Breezes, Inc.; "The Company at its expense shall procure,
furnish, install, operate, maintain all facilities, rights-of-
way and easements, if any, required to receive, apply and
utilize the water delivered her~under, from the aforesaid point
of delivery." The Company t.herefore accepted ownership and
maintenance responsibility for the on-site system in conjunction
with the application of the City's outside-city rate struct~re.
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That 1984 rate structure included the base payment per unit, but
the base fee per unit WoOl s not $p~cifically mentioned in the
agreement.
4. Page 3, 3rd full paragraph - RE: Potable Water: Th~s paragraph
appears to apply the "large-user" premise in the sewer service
rates to the water service rat~s. It should be r~called that
the City and Town were part of the 201 Facility Planning process
in the 1970's, and received up to 75% grant funding from EPA to
const~uct this regional system including an interconnection with
Briny Breezes (which until then had its own sewer plant). That
planning process and grant contained certain stipulations
regarding the rates to be cha~ged. Those stipulations did not
apply to potable water, oOlnd should not, for there were no
federal funds involved in building the potable water system.
In terms of our Police and Fire contracts, the City has Interlocal
agreements w~th surrounding municipalities with the same adjustment
clauses in them. We do not believe it would be prudent to reduce
either contract at this time. This may set a preced~nt for others
to seek similar relief. While the City has experienced inc=eased
operating costs, we have not requested any increase in the base
Annuel Fee of either contract.
I understand you've had some discussions with Clief Irnmler and
Major Frank Briganti regarding the elimination of the eight hour
shift patrol officer during the day. Staff feels strongly that
elimin",ting '::,he eight (8) hour daily post would conpromise the
serv~ce the City pr.ovides to the residents of Briny Breezes. The
time an officer spends the=e everyday is a wo=thwhile investment
and deters crime and the crimin",l eleme:1t from the Town of B=iny
Breezes. In order to mainti;lin the level of service being provided,
the eight hour shift should remain. Therefore, st.;l.ff's proposal is
to continue wi~h the current level of service for the upcoming 3-
year contract (2010-13) and maintain the scheduled contract
pricing.
However, for some good news, as we've researched the history of our
Sewer Service Agreements we discovered the sewer base =ate thi;lt the
Town h.;l.s been paying ($496 mcnthly) should have discontinued in
March 2006. Our Sewer Service Agreement was entered into in June of
1985(via Resolution 8S-GG). According to our billing records, this
mo~thly base rate was not actually billed until Febr~ary 1986. The
intent of the $496 monthly charge was to recoup capi~al
construction costs financed by the City for the construction of the
Boynton Beach-Delray Beach Regicnal Wastewater TreoOltment Plant and
Disposal Fi;lcility. The agreement does not specifically state the
twenty year sunset but we've found ~eferences to this intent i~
some of the backup documents co the agreement. Therefore, the City
will be refunding Briny Breezes for 42 months @ $496/month for a
total of $20,832.00. T~is can be accomplished administratively and
will not require City Co~~ission approval.
Per your request we have scheduled this item to go before the City
Commission on Tuesday, October 20, 2009. However, in the meantime
if you would like to meet to review these documents and discuss
2
America ~ Gateway to the Gulf..~trca.m
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this further we would be happy to do so. My email is
laverrierel@bbfl.us or I can be reached in the office at 742.6010.
I look forward to our continued discussions. Thank you.
Sincerely,
c1fZofJd~
Lori LaVerriere
Assistant City Manager
c: City Manager
City Attorney
Director of Utilities
Deputy Dir. of Utilities
Police Chief
Fire Chief
3
Americas Gat(lwilY to the Gulfstrea.m
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9. B
CITY MANAGER'S REPORT
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R09-162 - Approve the
intent of the City to reimburse expenditures incurred prior to the issuance of bonds or another form of
financing for the City's Water & Sewer Utility System.
Authorize a short-term interfund loan in the maximum amount of $15,000,000 with interest at the annual
rate of 3% from the Utility System Capital Expansion Fund to the Utility System Capital Repair &
Replacement Fund
EXPLANA TION OF REQUEST: The Utility System Capital Repair & Replacement Fund requires interim
financing to begin as soon as possible as all available cash in that fund has been disbursed. Utilities has
projected that the maximum cash flow requirements in FY 2009-10 for unencumbered projects is slightly
in excess of $17.1 million (See attached list of the projected maximum cash flow of each project for the
year).
Due to current bond market conditions and the issuance of audited financial statements for FY 2008-09,
permanent financing is not practical until later in this fiscal year when we plan to issue the permanent
financing. Waiting until the permanent financing is in place next summer would significantly delay the
Comm ission-approved projects.
However, the Utility System Capital Expansion Fund has current monies available that are not needed
until later in the fiscal year. Accordingly, those funds could be borrowed temporarily by the Capital Repair
& Replacement Fund with Commission approval. Subsequently, once the permanent financing is issued
and the financing proceeds are received, the City will reimburse itself for prior project disbursements and
the interfund loan balance plus interest will be repaid.
The inter-fund loan will allow the Utility System to continue with its capital improvement plan (CIP) set
forth in the adopted budgets approved by the Commission. While Utilities projects $17.1 million is
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required to encumber all approved projects, experience has shown that only 80-85% of those projects
will actually be spent in FY 2009-10. Therefore, only $15,000,000 is requested for purposes of project
cash flow and reimbursement from the financing proceeds. While the maximum amount may not be
reached by the time permanent financing is in place, it allows for a contingency in case financing is
delayed or contracting is expedited from current plans.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In summary, the request allows the
Utility's CIP to move forward in an expedited manner.
This interim financing allows major Repair & Replacement Fund projects listed for financing in the FY
2009-10 CIP to move forward currently rather than delaying them until later in the fiscal year when bond
proceeds are available. Such projects include sewer pipeline and storm water system rehabilitation,
several Seacrest corridor projects, and East Plant rehabilitation among others that are listed in the
attached schedule.
At the same time, when several major Capital Expansion Fund projects will require commitment to
proceed. (e.g., ion exchange and a new force main from east plant to regional plant) later in the fiscal
year, conditions will be favorable to issue the permanent financing that will reimburse the capital
expenditures incurred and payoff the interfund loan and the loan repayment
FISCAL IMPACT: The Capital Expansion Fund has the funds available to lend the Repair &
Replacement Fund until later in the fiscal year. The interfund interest rate of 3% is the only
interfund fiscal impact resulting from this interim interfund loan as follows.
. The Capital Expansion Fund - The 3% rate the fund will earn is higher than the blended short-
term 1-2% rate currently earned.
. The Repair & Replacement Fund - The 3% rate the fund will pay is lower that the 5-6% rate it
would pay in the bond market.
In addition, all interest remains within the City rather than paid to external parties.
ALTERNATIVES: Not to authorize the reimbursement resolution and the interfund loan.
In that case, it would require deferring the Repair & Replacement Fund capital projects for at
least six to nine months until receiving the proceeds of permanent financing for those projects.
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RESOLUTION R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING THE INTENT OF THE
CITY TO REIMBURSE EXPENDITURES INCURRED BY THE
CITY'S WATER & SEWER UTILITY SYSTEM PRIOR TO THE
ISSUANCE OF BONDS OR OTHER FORM OF FINANCING;
AUTHORIZING A SHORT-TERM INTERFUND LOAN IN THE
MAXIMUM AMOUNT OF $15,000,000.00 WITH INTEREST AT THE
ANNUAL RATE OF 3% FROM THE UTILITY SYSTEM CAPITAL
FUND TO THE UTILITY SYSTEM CAPITAL REPAIR &
REPLACEMENT FUND; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Utility System Capital Repair & Replacement Fund is in need of interim
financing, up to $15,000,000.00, to begin as soon as possible which will allow the Utility System to
continue with its capital improvement plan set forth in the adopted budget approved by the City
Commission; and
WHEREAS, due to bond market conditions and the issuance of audited financial statements for
fiscal year 2008-09, permanent financing is not practical at this time; and
WHEREAS, the Utility System Capital Expansion Fund has current monies available that are
not needed until later in the fiscal year; and
WHEREAS, the City will reimburse itself for expenditures and the interfund loan balance plus
interest once the permanent financing is issued and the proceeds are received; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve
and authorize a short-term interfund loan in the maximum amount of $15,000,000.00 with interest at the
annual rate of 3% from the Utility System Capital Expansion Fund to the Utility System Capital Repair
& Replacement Fund and approves the intent of the City to reimburse expenditures incurred prior to the
issuance of bonds or other form of financing for the City's Water & sewer Utility System.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
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OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach hereby approves and
authorizes a short-term interfund loan in the maximum amount of $15,000,000.00 with interest at the
annual rate of 3% from the Utility System Capital Expansion Fund to the Utility System Capital Repair
& Replacement Fund and approves the intent of the City to reimburse expenditures incurred prior to the
issuance of bonds or other form of financing for the City's Water & sewer Utility System
Section 3.
That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Jerry Taylor
Vice Mayor - Woodrow L Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST:
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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--
CIT'C[J'W' mB'fKl'OIJJ"B~CH
Utility Renewal & Replacement Fund
Projected Maximum Cash Flow Expenditures in FY 2009-10 for Unencumbered Projects
As of October 1, 2009
Lake Boyntn Estates $ 1,265,963
Sewer manhole renewal $ 750
Sanitary Sewer main renewal $ 2,500,0
Strmwater system renewal $ 1,000,
Federal Hwy. water main renewal $ 146,132
Seacrest Corridor water main/ strm system renewal $ 5,818,096
East water plant OSG and sludge dewatering renewal $ 3,000,2
Lift station 605 renewal $ 300,00
Master lift station 801 renewal $ 439,752
Replace submersible lift station pumps $ 200,096
Sewer 1&1 investigation $ 1,893,343
Misc. studies and analysis $ 624,919
TOTAL $ 17,189,26
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-
CITY OF BOYNTON BEACH
- 627 -
12.A
LEGAL
October 20,2009
C((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 20,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA ~ LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 09-043 _1ST READING-
- Adopt Ordinance authorizing the use of Development Agreements.
EXPLANATION OF REQUEST: The Florida Local Government Development Agreement Act (ss.
163.3220-163.3243) authorizes cities to establish procedures and requirements for the
consideration of entering into a Development Agreement provided it does so by the enactment
of an Ordinance.
The attached Ordinance establishes procedures consistent with the statutory requirements of a
Development Agreement.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The State Legislature as a basis for
creating the Florida Local Government Development Agreement Act found that the lack of
certainty and the approval of development can result in a waste of economic and land
resources, discourage sound capital improvement and financing, escalate the cost of housing
and development, and discourage commitment to comprehensive planning. To address those
concerns the legislature allows municipalities to enter into development agreements to provide
assurances to developers that the developer can proceed in accordance with existing laws and
policies. Recently, the developer of Gulfstream Gardens proposed that the City enter into a
Development Agreement to facilitate the development of its property. Absent the enacting
Ordinance addressed herein no such agreement can be entered into by the City. City Staff
supports the concept of development under the umbrella of a Development Agreement.
FISCAL IMPACT: The enactment of the Ordinance has no fiscal impact. Subsequent
Agreements entered into may have fiscal impact and that impact would be addressed on a
development by development basis within the body of the Development Agreement.
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ALTERNATIVES: Do not authorize the use of Development Agreements as a means of
managing development activity. Continue the current land development process.
- 629 -
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT REGULATIONS (PART III)
OF THE CODE OF ORDINANCES TO ADD ARTICLE XII
"DEVELOPMENT AGREEMENT"; ESTABLISHING PROCEDURES
AND REQUIREMENTS TO CONSIDER ENTERING INTO
DEVELOPMENT AGREEMENTS; PROVIDING MINIMUM
REQUIREMENTS FOR ALL DEVELOPMENT AGREEMENTS;
PROVIDING FOR NOTICE AND PUBLIC HEARING AS CONDITIONS
PRECEDENT FOR THE APPROVAL OF DEVELOPMENT
AGREEMENTS; PROVIDING FOR CONFLICTS SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, Florida Statute 9163.3223 provides that any local government may, by Ordinance,
establish procedures and requirements, as provided in 9163.3220-163.3243 Florida Statutes, to consider
and enter into a development agreement with any person having a legal or equitable interest located
within the jurisdiction of the local government; and
WHEREAS, the City Commission concurs with the legislative intent of the Florida Local
Government Development Agreement Act that the lack of certainty and the approval of development
could result in a waste of economic and land resources, discourage sound capital improvement planning
and financing, escalate the cost of housing and development, and discourage commitment to
comprehensive planning; and
WHEREAS, the City Commission finds that it is in the best interest of the City's citizens and
property owners to authorize the use of development agreements to facilitate and advance the City's
economic stability; and
WHEREAS, the City Commission finds that clear and unequivocal rules for processing land
development agreements, notifying the public of the pendency of the City Commission's review and
approval of development agreements, is in the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing WHEREAS clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. The City Code of Ordinances is hereby amended to provide a new Article IV,
titled "Development Agreements" to Part III, Land Development Regulation of the Code of Ordinances,
as follows:
Article XII - Develooment A2reements
Sec 1 The City Commission of The City of Boynton Beach is authorized to enter into Development
Agreements with any person having a legal or equitable interest in real property located within the
jurisdictional boundaries of the City of Boynton Beach.
Sec 2 Before entering into, amending, or revoking a Development Agreement, the City Commission
shall conduct two (2) public hearings. The public hearing shall be conducted in a matter consistent with
the City's rules or procedures for conducting quasi judicial hearings. All representation made by the
developer, it's agents or representatives shall be deemed material representations made to induce the
City Commission to approve the agreement. A subsequent determination that a representation was false
or misleading shall render an approved agreement voidable by the City Commission.
Sec 3 Approximately seven (7) days prior to each public hearing, the City shall advertise in a
newspaper or general circulation and readership in Palm Beach County, Florida, a notice that the City
Commission intends to consider a Development Agreement. The published notices shall not be
consolidated into one notice of both meetings but shall be published separately. In addition to notice by
publication, the notice of intent to consider the Development Agreement shall be mailed to all affected
property owners, as that term is defined in ss. 163.3184, Florida Statutes, prior to the first public
hearing. The day, time and place at which the second public hearing is to be held shall be announced at
the first public hearing. The notice shall specify the location of the land subject of the Development
Agreement, the development uses proposed on the property, the proposed population densities, and the
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proposed building intensities and height, and shall specify a place where a copy of the proposed
Agreement can be obtained.
Sec 4 At both the first and second public hearing, the Developer shall disclose whether the developer,
its representative, lobbyist, attorney, or agent has communicated with members of the City Commission,
the City Manager or the City Attorney regarding the proposed Agreement, and the substance of those
communications, if any.
Sec 5 A Development Agreement shall contain the following:
(a) A legal description of the land subject to the agreement, and the names of its legal and
equitable owners;
(b) The duration of the agreement;
( c) The development uses permitted on the land, including population densities, and building
intensities and height;
(d) A description of public facilities that will service the development, including who shall
provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule
to assure public facilities are available concurrent with the impacts of the development;
( e) A description of any reservation or dedication of land for public purposes;
(f) A description of all local development permits approved or needed to be approved for the
development of the land;
(g) A finding that the development permitted or proposed is consistent with the local
government's comprehensive plan and land development regulations;
(h) A description of any conditions, terms, restrictions, or other requirements determined to be
necessary by the local government for the public health, safety, or welfare of its citizens; and
(i) A statement indicating that the failure of the agreement to address a particular permit,
condition, term, or restriction shall not relieve the developer of the necessity of complying with
the law governing said permitting requirements, conditions, term, or restriction.
G) A description, including a timetable, of the build out of the development, including a
description of the phasing plan, if any.
(k) A disclosure of all persons or entities that are providing financing for the development.
Sec 6 No Development Agreement is authorized or shall be approved unless a Development
Agreement is consistent with the City's Comprehensive Plan and the City's Land Development
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Regulations. In an event of a conflict between a provision set forth in the Development Agreement and
the City's Land Development Regulations, provisions of the Land Development Regulations shall
control unless contemporaneously with the approval of the Development Agreement the City modifies
its Land Development Regulations, provides for special exception to the Land Development Regulation,
or provides for variance from the Land Development Regulation. In the event an amendment,
exception, or variance of the Land Development Regulation is necessary, the procedures for amendment,
exception, and variance as set forth in the City's Land Development regulation shall apply but may be
processed contemporaneously with the review process required for approval of the Development
Agreement. A Development Agreement which is not consistent with the Land Development
Regulations shall contain a specific section which identifies those provisions of the development plan
that are inconsistent with the Land Development Regulations and the means by which the inconsistency
is to be resolved (i.e. by code amendment, exception, or variance).
Sec 7 The approval of a Development Agreement by the City Commission is not final until 12:00 noon
on the seventh (ih) day following the close of the second public hearing. Prior to becoming final, the
approval is subject to a motion for reconsideration by any member of the City Commission that voted in
the affirmative to approve the agreement. Reconsideration may be initiated by notification to the City
Clerk. The City Clerk, on receipt of a timely request for reconsideration shall add the reconsideration to
the next regular meeting agenda and notify the developer.
Sec 8 The City's Director of Development or his/her designee shall administer the Development
Agreement application and approval process. The City's Director of Development shall administer all
Development Agreements. Decisions of the City's Director of Development are final and binding.
Sec 9 In addition to complying with the provision of these regulations, all Developer Agreements are
subject to the provisions of the Florida Local Government Development Act, as amended from time to
time.
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Section 4.
Each and every other provision of the City of Boynton Beach Code of Ordinances
not herein specifically amended, shall remain in full force and effect as originally adopted. All laws and
ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are
hereby repealed.
Section 5.
Should any section or provIsIOn of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 6.
Authority is hereby given to codify this Ordinance.
Section 7.
This Ordinance shall become effective immediately.
FIRST READING this _ day of
,2009.
SECOND, FINAL READING AND PASSAGE this _ day of
,2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST:
Commissioner- Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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