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Agenda 02-01-11 Searchable
The City of Boynton Beach 100 E. Boynton Beach Boulevard • (561) 742-6000 TUESDAY, FEBRUARY 1, 2011 6:30 PM FINAL AGENDA City Commission Jose Rodriguez Mayor — At Large Marlene Ross Vice Mayor — District IV William Orlove Commissioner — District I Woodrow Hay Commissioner — District II Steven Holzman Commissioner — District III Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk AGENDA 0 DIST CT IV R 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 PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission — Time Limit — Three (3) Minutes Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances — Time Limit — Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule — some meetings have been moved due to Holidays/Election Day). 2 of 432 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Hay D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of the South Florida Water Management District's Dry Season 2011: Proactive Measures Needed to Protect Water Resources. The presentation will be made by Laura Corry, Intergovernmental Representative of the Palm Beach County Service Center for the South Florida Water Management District. B. Announcing the Movies on the Ave film for February 4, 2011 C. Announcing the Ocean Avenue Concert for February 18, 2011 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 A. 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. A. Approve the Minutes from the City Commission meeting held on January 18, 2011. B. Award Bid for THE PURCHASE OF PANASONIC CF -52 SEMI RUGGEDIZED LAPTOPS OR EQUAL BID #015-2110-11/JMA to OM OFFICE SUPPLY Inc. of 3 of 432 Mechanicsburg, Pennsylvania, for 31 laptops for a total expenditure of $47,120.00 to be 100% purchased using the Edward Byrne Memorial Justice Assistance Grant (JAG) C. PROPOSED RESOLUTION NO. R11-019 - Approve the Interlocal Agreement with the Town of Hypoluxo for the provision of fire and rescue services. D. PROPOSED RESOLUTION NO. R11-020 - Appoint a five (5) member charter review committee. 7. BIDS AND PURCHASES OVER $100,000 A. 1) PROPOSED RESOLUTION NO. R11-021 - Approve budget amendment (a) to transfer $185,000 from the Jaycee Park CIP Project and (b) to transfer $250,000 from the Oceanfront Boardwalk CIP Project for a total of $435,000 to the Congress Avenue Barrier Free Park Project and (c) authorize the transfer of additional savings, if available, (from the Oceanfront Boardwalk Project), not to exceed $400,000; 2) PROPOSED RESOLUTION NO. R11-022 - Approve a contract with West Construction, Inc. for construction of Congress Avenue Barrier Free Park in the amount of $1,412,366 with a 10% contingency of $141,236 for a total of $1,553,602 (Bid No. 004-2730-11/CJD). B. PROPOSED RESOLUTION NO. R11-023 - Approve "piggyback" of the City of Cape Coral contract (contract #: ITB-PW09-41/CH) with Shrieve Chemical Company (Shrieve) with the same terms, conditions, specifications and pricing. The contract period is from September 9, 2009 to September 8, 2012 with a provision to extend for 2 years. This contract will be utilized for the provision of sulfuric acid at an estimated annual expenditure of $230,000. The City of Cape Coral complied with Public Contract Bid requirements equal to or exceeding Boynton Beach's requirements. C. PROPOSED RESOLUTION NO. R11-024 - Approve extension of piggy -back of MANATEE COUNTY RFP #07-5835FL for ODOR & CORROSION CONTROL SERVICES with an anticipated one-year expenditure of approximately $200,000. The County contract complied with public contract bid requirements equal to or those which exceed Boynton Beach's requirements. D. Approve a 3.5% increase from Chemical Lime Company that was awarded the Co -Op Bulk Quicklime Bid # 005-2821-09/JA approved at the December 16, 2008 Commission meeting. The estimated expenditure for the City of Boynton Beach Utilities Department is $270,000 which includes the 3.5% increase. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 4 of 432 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve conditional use for Boynton Town Center Dry Cleaner (COUS 11-001) with on -premises cleaning and laundering, to occupy existing retail space in the SMU district. Applicant: The Sembler Company (TABLED ON 1/18/11) 10. CITY MANAGER'S REPORT A. Receive a recommendation from the advisory committee regarding the renaming of Jaycee Park. B. PROPOSED RESOLUTION NO. R11-025 - Approve a Voluntary Separation Program for non -probationary, full-time City employees from April 1, 2011, through May 31, 2011. C. Review and prioritize potential projects to be funded by unobligated EECBG funds and authorize city staff to submit an amendment to the original grant application for approval by the U.S. Department of Energy for the Commission approved project(s). 11. UNFINISHED BUSINESS A. Review and discuss CRA rankings and appointment of seven -member CRA Board. 12. NEW BUSINESS A. Consideration of request by Lake Worth Christian School to hold 2nd annual fundraising carnival on school campus - Applicant: Jim Adams for LWCS B. Discussion regarding establishing a Special Events Advisory Board for the City 13. LEGAL A. PROPOSED ORDINANCE NO. 11-003 - FIRST READING - Approve revision of Chapter 15-8 titled "Noise Control" (Exhibit "A") B. PROPOSED ORDINANCE NO. 11-004 - FIRST READING - Approve an Ordinance titled "Live Entertainment Permits" C. PROPOSED ORDINANCE NO. 11-005 - FIRST READING - Approve the appointing of seven members to the CRA Board D. PROPOSED ORDINANCE NO. 11-006 - FIRST READING - Approve establishing an Historic Preservation Property Tax Exemption Program for the City of Boynton Beach E. PROPOSED ORDINANCE NO. 11-007 - FIRST READING - Amend Land Development Regulations Chapter 1, Article VII Administrative and Decision Making Bodies, Section 4. Historic Resources Preservation Board, paragraph B. Establishment, Composition and Terms, revising the second sentence stating that "Members need not reside or have a principal place of business in the City 5 of 432 14. FUTURE AGENDA ITEMS A. Amendment to Police Officers' Pension Trust Fund - 02/15/11 B. Willis Retirement Services (SageView Advisory Group) Plan Review - TABLED 01/18/11 - Bring back 02/15/11 C. Discussion of local transportation options - 03/01/11 D. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) E. Geographic boundaries for City of Boynton Beach voting districts - (TBD) F. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 15. 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 THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL 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. 6 of 432 3.A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT N ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Presentation of the South Florida Water Management District's Dry Season 2011: Proactive Measures Needed to Protect Water Resources. The presentation will be made by Laura Corry, Intergovernmental Representative of the Palm Beach County Service Center for the South Florida Water Management District. EXPLANATION OF REQUEST: Laura Corry of the South Florida Water Management District will give a presentation to the Commission to educate the City of Boynton Beach elected officials, city staff and residents on water conservation measures, water shortage warnings and water usage restrictions. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not to allow presentation 7 of 432 8 of 432 9 of 432 SFWMO Rainfall 02 -OCT -2010 to 01-NOV-2010 IRICT-WIDE: 0.55' (15%, -3.21") 10 of 432 a 11 of 432 12 of 432 13 of 432 14 of 432 15 of 432 3.B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT N ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Announcing the Movies on the Ave film for February 4, 2011 EXPLANATION OF REQUEST: On Friday, February 4, 2011, the Bovnton Beach CRA and the Citv of Boynton Beach will present a Movies on the Ave film screening, featuring INCEPTIONPGI3. This FREE event will take place from 6:00 P1v1 to 8:00 P1v1 at the Ocean Avenue Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. Food and Drink vendors are available. Please bring your folding chairs or blankets. Parking onsite, no pets please HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: CRA Budget — line item 02-58500-480 ALTERNATIVES: Not to allow announcement 16 of 432 3.0 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT N ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Announcing the Ocean Avenue Concert for February 18, 2011 EXPLANATION OF REQUEST: On Friday, February 18, 2011, the Boynton Beach CRA and the Citv of Bovnton Beach will present an Ocean Avenue Concert, featuring the R & B sounds of Strictly Business. This FREE concert will take place from 6:00 P1v1 to 9:00 P1v1 at the Ocean Avenue Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. Food and Drinks will be available for purchase. Please bring your folding chairs and be prepared to dance the night away. Puking onsite, no pets please. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: CRA Budget line item 02-58500-480 ALTERNATIVES: Not to allow announcement. 17 of 432 5.A ADMINISTRATIVE February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: FEBRUARY 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ® ADMINISTRATIVE F-1NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Appoint eligible members of the community to sere 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. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Boards full and operating as effectively as possible. FISCAL IMPACT: None ALTERNATIVES: Allow vacancies to remain unfilled 18 of 432 Appointment Length of Term To Be Made Board Expiration Date Mayor Rodriguez Arts Commission Alt 1 yr term to 12/11 Tabled (2) I Orlove Arts Commission Reg 3 yr term to 12/11 Tabled (2) III Holzman Bldg. Bd. of Adj & Appeals Alt 1 yr term to 12/11 IV Ross Bldg. Bd. Of Adj & Appeals Reg 3 yr term to 12/12 II Hay Cemetery Board Reg 3 yr term to 12/13 I Orlove Cemetery Board Alt 1 yr term to 12/11 Tabled (2) II Hay Community Relations Board Alt 1 yr term to 12/11 III Holzman Community Relations Board Alt 1 yr term to 12/11 Mayor Rodriguez Education & Youth Advisory Board Stu 1 yr term to 12/11 Tabled (3) IV Ross Education & Youth Advisory Board Stu N/V 1 yr term to 12/11 Tabled (3) Mayor Rodriguez Financial Advisory Committee Reg 3 yr term to 6/13 I Orlove Financial Advisory Committee Alt 1 yr term to 6/11 IV Ross Firefighters Pension Trust Fund Reg 4 yr term to 12/14 Mayor Rodriguez Library Board Alt 1 yr term to 12/11 Tabled (2) IV Ross Planning and Development Board Reg 2 yr term to 12/12 Mayor Rodriguez Planning and Development Board Alt 1 yr term to 12/11 III Holzman Planning and Development Board Alt 1 yr term to 12/11 Tabled (2) IV Ross Recreation & Parks Board Alt 1 yr term to 12/11 I Orlove Veterans Commission Alt 1 yr term to 12/11 II Hay Veterans Commission Alt 1 yr term to 12/11 5:\CC\WP\BOARDS\APPMENTS\Board Year 2011\Appointments 01-18-11.doc 19 of 432 APPLICANTS ELIGIBLE FOR APPOINTMENT ON 02/01/11 Last Name First Name 1st Choice 2°d Choice 3rd Choice Richman Nubia Arts Commission Kravit Cory Planning & Conummity Development Bd. Relations Bd. ALTERNATE: Aits Commission Cluistine I\loeller has requested the Commission considef moving her up from hef alternate position to a Regular position on the its Conunission. 20 of 432 6.A CONSENT AGENDA February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE F-1NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve the Minutes from the City Commission meeting held on January 18, 2011. The City Commission met on January 18, 2011 in a regular meeting and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL 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 21 of 432 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, JANUARY 18, 2011 PRESENT: Jose Rodriguez, Mayor Kurt Bressner, City Manager Marlene Ross, Vice Mayor James Cherof, City Attorney William Orlove, Commissioner (arrlvedar8:56p.m) Janet Prainito, Citv Clerk Woodrow L. Hay, Commissioner Steven Holzman, Commissioner 1019= li[e y A. Call to order - Mayor Jose Rodriguez B. Invocation by Imam C. B. Hanif C. Pledge of Allegiance to the Flag led by Commissioner William Orlove Mayor Rodriguez welcomed everyone and called the meeting to order at 6:31 p.m. Imam C. B. Hanif offered the invocation followed by Mayor Rodriguez leading the Pledge of Allegiance to the Flag. Mayor Rodriguez announced Commissioner Orlove had another commitment and may not be present for the entire meeting. D. Agenda Approval 1. Additions, Deletions, Corrections Vice Mayor Ross had no changes to the agenda. Commissioner Hay requested Item 6.D be pulled for discussion. Mayor Rodriguez and Commissioner Holzman also wanted to pull Item 6.D for questions. Mayor Rodriguez also pulled Item 6.H. 2. Adoption Motion Vice Mayor Ross moved to approve the agenda. Commissioner Hay seconded the motion. The motion passed. 2. OTHER A. Informational Items by Members of the City Commission 1 22 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Commissioner Holzman mentioned he had attended the Martin Luther King (MLK) dinner. Commissioner Hay had attended the League of Cities luncheon and advised there was concern over the power given to the Inspector General for Palm Beach County. The City Manager is on the committee addressing the concerns. Mr. Bressner indicated the committee would be reviewing the ordinance paragraph -by -paragraph. The recommendations were due to the County Commission by March 30, 2011 for the Inspector General ordinance, the Ethics ordinance, lobbyist registration regulations and post employment regulations. Commissioner Hay announced he had also attended the MILK dinner banquet and the entire City Commission was present. He participated at the 6 a.m. March on MLK Boulevard that was well attended including Commissioner Orlove and the City Manager. A program including students from Galaxy Elementary and other schools was performed at St. John Baptist Church. The input received froiii the Commission and others would be used to improve the event each year. Vice Mayor Ross had been to the Toussaint L'ouverture High School, together with the Mayor, to commemorate the one-year anniversary of the earthquake in Haiti. She enjoyed the MLK dinner. She announced the Sister Cities' silent art auction at the Intracoastal Clubhouse from 4 to 6 p.m. on January 22, 2011. There was the upcoming re -opening of Oceanfront Park's boardwalk that would be held on February 5, 2011 at 10 a.m. with a ribbon cutting ceremony and meet OPUS, the sea turtle. Mayor Rodriguez had the privilege of attending the one-year anniversary of the Haiti earthquake ceremony and emphasized much more work needed to be done. There was also a veteran's celebration unveiling the Desert Storm monument and both he and Commissioner Hay made remarks at the event. The Veterans Commission always did an impressive job. Mayor Rodriguez remarked the MLK dinner was very good and suggested a concerted effort should be made to attract more people to participate in the walk. He announced the 2,d annual Mayor's Commit2BFit walk to be held on March 19, 2011. Last year had 400 participants and this year's walk would include a run, contests and he urged community support from local businesses to offset all costs. Commissioner Hay advised 250 to 300 people had attended the MLK walk on Monday morning. It can be improved and attendance had increased. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Allow presentation of Legislative Update by Senator Chris Smith, District # 29. 23 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Representative Smith thanked the Commission for the opportunity to address the Commission and citizens. Committee meetings are being held on the issues to be discussed during the legislative session. The number one issue to be discussed would be pension reform. The current system is relatively healthy, but was ballooning and could hurt the municipalities and the State. The promises to employees have to be kept, but it needed to be tweaked for the benefit of future retirees. The insurance industry will be reviewed since Citizens Insurance is grossly underfunded and more insurance companies have to be allowed to offer policies to reduce the number of Citizens policies that are outstanding. Senator Smith advised regulating pain clinics was another area for discussion and the program established can move forward and be enforceable. The sale of suspicious items being sold in convenience stores that are actually designer synthetic drugs will be investigated. Federal guidelines have been established and hopefully law enforcement will be given the power to regulate the illegal commerce at these small stores. Senator Smith advised the State budget would be about $4 billion dollars short involving more cuts especially in health care and education where the bulk of the monies are spent. Creative ways to make cuts will have to be initiated with tough decisions to be made. A review of unfunded mandates would be undertaken to limit duplication of information being provided to the State and Federal government. The mandates cost the municipalities to provide the information. Mr. Bressner would send Senator Smith a list of the mandates. A program entitled "It Ought to be a Law" had been established by Senator Smith as a means for the citizens to submit their ideas for consideration. He encouraged all the citizens to visit his website and invited the Commission and residents to visit his office in Tallahassee. Mayor Rodriguez thanked Senator Smith for his update and wished him luck in the upcoming legislative session. 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) Victor Norfus, 261 N. Palm Drive, spoke about the Heritage Celebration to be held February 18 and 19, 2011 at the Carolyn Sims Center. He thanked the Commission and the community for those who attended the dinner and the March celebrating Martin Luther King, Jr. Mr. Norfus indicated the community gardens program was being expanded to include the Habitat for Humanity organization. The gardens offset the cost of fresh vegetables and fruits. Any assistance with that program would be appreciated. 24 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 John McGovern, 2620 Spiceberry Lane, Chair of the Greater Boynton Beach Foundation, hoped to see everyone at the invitation only Valentine Day event called "Love without Boundaries" to benefit the Boundless Park, the Foundation's first project. The Foundation was unique because it brought together public and private groups. Tax exempt status was achieved and retroactive to July 4, 2010 due to the efforts of Maryann Colton, the Foundation's attorney. Their phone number is 767-4303 and the website is w\mv.boyntonfoundation.org. David Len, a resident of Lake Worth, who works at the Palm Beach Habilitation Center, works with adults with disabilities to become as independent as possible and maintain employment. Training is offered. The Center learns the expectations and demands of community employers and has worked with the City of Boynton Beach since 1996 providing janitorial services to the Water Treatment Plants and the administration building. During that time 211 individuals have been employed and 83 have transferred to other types of employment. The service is provided through the RESPECT program of Florida established by the State and allows eliminating the normal RFP process. He urged the City to continue the training program as it is cost effective for the City and enriches the community. Nancy Duvell, with RESPECT of Florida, distributed a flyer on the program and requested the contract with the City be continued. No one else coming forward, Mayor Rodriguez closed the public audience. 5. ADMINISTRATIVE A. Accept the resignation of Glenn Jergensen, a regular member of the Financial Advisory Committee Motion Vice Mayor Ross moved to approve, Commissioner Holzman seconded the motion Mayor Rodriguez inquired if a recommendation for a Chamber of Commerce substitute had been received and Mr. Bressner replied none had been. The Mayor thought it was very disappointing since the Chamber often challenges the operational issues of the City of Boynton Beach. The motion passed. B. Accept the resignation of Victoria Castello, a regular member of the Financial Advisory Committee 25 of 432 Meeting Minutes Regular City Commission Boynton Beach. FL January 18; 2011 Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. The motion passed. C. Accept the resignation of Richard Kurtz, a regular member of the Building Board of Adjustment and Appeals Motion Vice Mayor Ross moved to approve. Commissioner Holzman seconded the motion. Commissioner Hay suggested some type of recognition should be done for those who have devoted many years of service to the City such as Mr. Kurtz with 37 years. There was consensus to have staff consider the possibilities. The motion passed. D. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Vice Mayor Ross appointed Dr. Tiffany North to the Arts Commission. Commissioner Hay seconded the motion. The motion passed. Mayor Rodriguez had an alternate appointment to the Arts Commission, but deferred any appointment pending Commissioner Orlove's appointment of a regular member to the Board. Motion Commissioner Hay moved to table. Vice Mayor Ross seconded the motion. The motion passed. 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. A. Approve the Minutes from the City Commission meeting held on January 4, 2011 and the Special City Commission Minutes from September 27, 2010 s 26 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 PROPOSED RESOLUTION NO. R11-003 - Approving and authorizing the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach. TABLED ON 01/04/11 C. PROPOSED RESOLUTION NO. R11-005 - Approval of an Interlocal Agreement between Palm Beach County, the City of Boynton Beach, the City of Delray Beach and the City of Boca Raton for the use of specific components of the 800 MHz radio communications system shared and used by the signatories. TABLED ON 01/04/11 D. PROPOSED RESOLUTION NO. R11-015 - Approve the Willis Retirement Services (SageView Advisory Group) Consulting Program & Agreement to provide a complimentary review of the current plan cost and investments offered in the ICMA and Nationwide 457b platforms for employee retirement savings plans at no cost to the City of Boynton Beach. This item was pulled for discussion by Mayor Rodriguez, Commissioners Hay and Holzman. Commissioner Hay sought clarification of the content of the contract. Commissioner Holzman had never experienced the need for a contract including an arbitration clause and limited liability clause to provide a free service and do a review. Mayor Rodriguez agreed with Commissioner Holzman's concerns. Sharyn Goebelt, Human Resources Director, explained Sageview had a partnership with Willis Consultants, who have a three-year contract with the City. The City Attorney had questioned the contract and had contacted Sageview. There would be absolutely no cost to the City of Boynton Beach. Commissioner Holzman added if Sageview was worried about limiting their liability he would not approve the request with Sageview or any other organization. Ms. Goebelt would return to the vendor and explain a contract would not be signed. Attorney Cherof acknowledged he and the Risk Manager had reviewed the contract and clauses. The indemnification of a third party had not been done prior to 2005. The policy has been the City would not agree to provide indemnification. In this instance there would be no way to measure any potential liability because the scope of services is unclear as well as their report. Risk Management took no position on the arbitration clause, but it would be no cheaper to get a claim resolved than a court venue. Attorney Cherof would not agree to arbitration under the rules of the SEC that favors the financial institutions. Mr. Bressner added staff recommended it was worth a review since it had not been done in a considerable time. Commissioner Holzman agreed it should be reviewed, but not with a company trying to limit its liability or push the City into an arbitration clause. 27 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Ms. Goebelt explain Sageview would review the current plans offered and make recommendations for changes. If accepted, an RFP would have to be sent out to encompass any changes. Sageview would do a free analysis to determine the best program for the employees. It would be specific to the City's plans. Mr. Bressner surmised if the fee schedule was out of the norm and not benefiting the employee, the first conversation would be to return to the current vendors and ask for a moderation of their fees. The Willis Consultant Services have been assisting the City in their health care package and bid process the past few years. Mr. Bressner summarized the consensus was that an RFP should be issued to have a review of the plans and analysis done. Commissioner Holzman argued the matter before the Commission was whether the proposed contract should be approved. Mayor Rodriguez wanted to understand the big picture first. Commissioner Hay questioned why this was brought before the Commission when the City Attorney did not recommend the contract be approved. Renee Schindler, with Willis Consultants, could not speak to the contract. She did advise Willis partnered with Sageview as the financial advisory group because of a national agreement offering the service to all clients with retirement plans. Other municipalities have taken advantage of the evaluation and review and make sure the current plan is the best possible plan for the employees. It is not designed to have Sageview advise the City or employees directly to make investments. It is a consultative tool to make the decision if improvements can be made. Sageview would only make money if they were chosen as a new vendor. Mr. Bressner explained the current providers have fees based on individual transactions made by account holders for investment. Years ago the City Commission decided to offer a 457 Plan to its employees and then the City selected Nationwide and ICMA Deferred Compensation, both nationally based organizations. Ms. Schindler stressed the City would be under no obligation to do business with Sageview. It is a market check for the service. Mayor Rodriguez emphasized the City Attorney would not support the contract. Motion Commissioner Holzman moved to deny entering into a contract with Willis at this time. Commissioner Hay seconded the motion. Vice Mayor Ross suggested a modification to the motion to allow for renegotiation without the clauses rejected by the City Attorney. She was impressed with the track record of Willis. Motion Vice Mayor Ross moved to table Item 6.D, Proposed Resolution R11-015. 28 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 The motion passed. E. PROPOSED RESOLUTION NO. 11-016 - Authorize the publication of a Notice of the General Election to be held on March 8, 2011, requesting the Palm Beach County Supervisor of Elections to conduct the election and delegating certain duties to the Supervisor of Elections F. PROPOSED RESOLUTION R11-017 - Approval of a second amendment to the Interlocal agreement between Palm Beach County and the City of Boynton Beach for the use of T-1 telephone/data lines on Palm Beach County's digital microwave system. G. Accept the written report to the Commission for purchases over $10,000 for the months of November and December 2010 H. Review and accept the Budget Status Report of the General Fund and the Utility Fund for the three month period ended December 31, 2010. Mayor Rodriguez had pulled this item for discussion. He pointed out there is a $9.5 million budget gap because the fund transfers are not available and without any reduction in property values. The trends of revenues and expenses have remained on course for the current budget year. Mr. Bressner advised an assumption model of 6% to 10% property value reduction would be in addition to the $9.5 million for a projected budget gap of $12 million. The Financial Advisory Committee was aware of the impending shortfall. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion The motion passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R11-018 - Award Contract for "BOYNTON BEACH CHILDREN'S MUSEUM RENOVATION" Bid # 009-2413-11/CJD to ATLANTIC ICON CORPORATION of Hollywood, Florida, the lowest, most responsive, responsible bidder who met all specifications in the amount of $332,745.57 plus alternate #2 $61,305.00, total $394,050.57 with an additional 20% contingency of $78,810.11 for a total expenditure of: $472,860.68. Commissioner Holzman noticed the contingency amounts have been increasing with every contract. He questioned why a 20% contingency was utilized and if the contractor could be locked into a maximum price. Mayor Rodriguez concurred and pointed out if the 20% were added in, the contract would be in fourth place in the rankings. Mr. 29 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Bressner asserted the 20% contingency would be added to all contract pricing. Jeff Livergood, Director of Public Works and Engineering, explained the 20% contingency was an increase of 10%. Without a contingency in any contract, every change would require authorization by the Commission for each change. Mr. Livergood had recommended the 20% contingency because of the type of work being done in a very old building and unknown conditions that may exist underneath the floors in particular. He emphasized a contingency was not an authorization to spend. Staff's responsibility Is to ensure the dollars are spent wisely. The building was originally restored in 1998%99. The existing flooring had not been part of the original renovations and restoration. Mr. Livergood stated staff would accept a 10% contingency and then come back to the Commission for anything greater. In the alternative, if the 20% contingency were approved, updated status reports could be provided. There would be no original warranty available after 10 years. Attorney Cherof advised construction warranties were only for one year and is normal within the industry. Mr. Livergood's concern was the flooring would be done during a few days when the Museum is closed and if the funding was not available, the work would stop. Commissioner Holzman inquired why a maximum guaranteed price was not sought. Mr. Bressner explained the bid was a design -bid -build project. It was not bid as a construction manager at -risk project. Commissioner Hay was confident of Mr. Livergood's assessment and recommendation and agreed with moving forward. Mr. Livergood stated the total budget would be $494,000. Motion Commissioner Hay moved to approve the request and Proposed Resolution No. R11- 018. Vice Mayor Ross seconded the motion. The motion passed. Mayor Rodriguez allowed public comment. John Maffett, owner of Coastal Millworks, resides at 332 Bamboo Road in Palm Beach Shores. He was in architectural woodworking and the window and door manufacturing business for 20 years and works extensively with REG Architects. He had done extensive investigation into the proposal for the low bidder. He had been consulted by all the bidders except the low bid. The proposals were all evaluated and a couple items in the proposal are not within the City of Boynton Beach's best interest. The price of the exterior doors from the low bidder is 80% below the average bid price of all exterior doors on the job. The same scenario was true for the single doors having an 80% price difference. The painting and waterproof issues were a result of the windows being mis- specified during the original renovations. They are currently white pine and do not last long in this climate. His recommendation was that the City make sure the specifications for the windows and doors be carefully scrutinized. The contractor has no experience doing historical restorations. Mr. Maffett asked the Commission to reconsider the award and verify the products meet the specifications. 30 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL _ianuary 18, 2011 Mr. Maffett had bid the windows as a supply or turnkey package to apply to all the bidders. The supplier for Atlantic Icon is Sheridan Lumber from Hollywood, FL who do not sell any mahogany windows or doors, but rather sell Peachtree. Mr. Maffett had calculated the cost of the lumber, glass and hardware for the exterior doors on the project and it was $10,000. There would be warranties on the materials. Mr. Bressner advised REG Architects was in support of the pian as proposed. Mr. Livergood added any submittals by the contractor must be approved by the architect. A meeting with the Company had been held and they questioned, in writing, the cost for doors, flooring material and historical experience. There was an interview and they were confident of the bid price and recommended Atlantic Icon Corporation for the job. Commissioner Holzman inquired if the suppliers listed had been contacted to assure the bids are being done appropriately. Mr. Livergood advised the call to suppliers had not been made as it was not part of the process at this time. Shop drawings and submittals are required and reviewed by the architect that are checked to ensure product availability as specified. Mr. Bressner cautioned all bids would be increased by 20% so the rankings would remain the same. It is an old house and surprises are bound to appear. Commissioner Holzman voiced concern that the hardware prices varied from $6,000 to $10,000 for each piece. Mr. Maffett pointed out there should be eight sets of hardware rather than five sets as specified in the bid to accommodate the double doors. He also stressed that specifications rather than the price is the more important when buying windows and doors for renovations. The specifications from the manufacturer should be reviewed before the shop/drawing phase. The windows are oversized and problematic Mr. Maffett discussed his experience with other window vendors. Mr. Livergood explained REG, who designed the project, was doing due diligence to identify what manufacturers were available for the specifications. REG would also be responsible for materials, selection and shop/drawing approval through the entire process and comply with the intent of the design specifications. Commissioner Hay trusted staff and pointed out the item had already been approved. Mayor Rodriguez suggested the firm awarded a bid and the consultants making the recommendations, be available at the meetings for questions. Mr. Bressner indicated staff had no knowledge there was an issue to be addressed. Mr. Livergood noted staff had similar questions. Mayor Rodriguez lacked confidence when the building had to be restored only 10 years after the original restoration. There was discussion regarding an error on the agenda that was distributed to the public. It was determined Items 7.13 and 7.0 that appeared on the meeting agenda should be on the February 1, 2011 agenda. 10 31 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Motion Commissioner Holzman moved to remove Items 7.13 and 7.0 from the agenda. Commissioner Hay seconded the motion. The motion passed. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement of $10,0000 in Kenel Deriius v. City of Boynton Beach Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion passed. B. Approve negotiated settlement of $10,000 in Odinel Louis v. City of Boynton Beach. Motion Commissioner Holzman moved to approve. Vice Mayor Ross seconded the motion. The motion passed. 9. 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. A. Approve conditional use for Boynton Town Center Dry Cleaner (COUS 11-001) with on -premises cleaning and laundering, to occupy existing retail space in the SMU district. Applicant: The Sembler Company Attorney Cherof ascertained neither the applicant nor a representative were present. Motion Commissioner Hay moved to table. The motion passed. 10. CITY MANAGER'S REPORT A. Review and accept staff report on canal maintenance activities for calendar year 2010; and provide any further recommendation on continuing maintenance or other canal activities. 32 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Mr. Bressner reported it was a status report on the progress of the cleanup and past and future expenses. It was hopeful that the spraying could return to a maintenance mode rather than the volume of cleaning that had to be done. All municipalities were reporting canal issues with invasive vegetation. Michael Low, Deputy Director of Utilities, advised the spring program was budgeted for $15,607 based on a monthly spraying program. Mr. Bressner added the revenues were $49,790 and the two-year projection is $99,000. In the past two years $109,000 has been spent creating a shortfall of $10,167. A monthly spraying program would cost $15,000 to $16,000 a year. Mr. Low pointed out only half of the revenues have been collected at this time. The anticipated revenue each year is $49,790. The fund should balance in approximately 18 months. The surtax would have to be re -authorized for an additional year. Commissioner Holzman questioned if there were still portions of the canal that were being sprayed that were not City property. Mr. Bressner responded there were and rights -of -entry had been obtained from the property owners. Commissioner Holzman felt the taxpayers should not be paying to spray private property. The surtax was City- wide. A map was displayed showing the privately owned canals. It comprised slightly more than 10% of the total frontage. Vice Mayor Ross inquired if staff was receiving complaints or calls about the canals. Mr. Bressner replied the area through Venetian Isles had created some issues and the harvesting equipment could not traverse all the reaches. Mr. Low reported Lake Shore Haven also has tendered complaints. 11. UNFINISHED BUSINESS A. Consider staff review of, and alternatives to program recommendations by Ad Hoc Committee for Historic Preservation Mike Rumpf, Planning and Zoning Director, reviewed the progression of the request and advised staff had reviewed the recommendations of the Committee and established options for consideration in light of program costs and anticipated budget shortfalls. He recalled the history and accomplishments of the Historic Preservation Ad Hoc Committee and the available resources on the local and state levels. The first option included creating a new position, Historic Preservation Specialist, solely devoted to historic preservation. Roughly a third of the existing programs throughout the State have a specialist, another third are headed by planning staff. Updating the inventory would be paramount. The disadvantage would be higher benefit with higher cost. A three-year period was utilized to estimate the time needed to fully implement the program. The second option involved using a part time position in combination with in-house staff. The part-time employee would have historic preservation experience. 12 33 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 The cost would be lower. The total cost would be somewhat higher because a consultant would be utilized to do the historical survey and site update in the first year. Mayor Rodriguez felt it was unacceptable to have three years for program implementation. He questioned if the projected budget increases were reflected in this year's budget. Mr. Bressner indicated some expenses would be this fiscal year. There are no funds appropriated in the budget. There are funds available that would have to be legally appropriated in the form of Commission action. He cautioned there is a $9.5 million deficit that any surplus funds could be used to reduce the next budget shortfall. Vice Mayor Ross appreciated the benefits of historic preservation and the work of the Ad Hoc Committee. She hoped the funding could be found. Mayor Rodriguez wanted assurance that the financial aspects could be met before moving the program forward. Mr. Rumpf commented the survey update would increase the timeframe and most of the other aspects of the program could be implemented before the update would be done. The Certified Local Government (CLG) status would afford assistance in creating a program and receiving additional funding. Harvey Oyer, 800 Claremore Drive, West Palm Beach is a property owner of six historic buildings within Boynton Beach. He had worked professionally and personally with every City in the County that has historic preservation ordinances. He applauded the City for taking the initial steps. Mr. Oyer specifically discussed the ad valorem tax exemption implications of the historic designation. He explained an interlocal agreement with Palm Beach County would be needed so property owners of designated historic buildings could seek approval for improvements and there would be no tax assessed on the value of the improvement for ten years. It is an invaluable tool as is appointing a board with the knowledge, skills and experience needed to assess historic preservation issues even if those individuals reside outside of Boynton Beach. Historic preservation has to be carefully balanced with adaptive re -use of the structure. Training of the Board with attention to detail would be paramount. Mr. Oyer stressed by incentivizing historic properties it provides the private sector with the opportunity to redevelop blighted areas and put properties back on the tax rolls with less expense to the City to provide services. It would be a true economic development tool. Very few taxpayer dollars would be needed to create safer and cleaner neighborhoods. There would be no infrastructure costs. Mr. Bressner pointed out the tax increment the City would derive would not be available anyway because most of the properties are within the CRA district. The City would derive the benefit of the economic activity that occurs with permit fees and additional habitation of the units. Mr. Oyer asserted a part-time position would be sufficient to get the program started. He urged the Commission to move forward with the program. (Commissioner Orlove arrived at 8:56 p.m.) 13 34 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Mayor Rodriguez summarized the ordinance should be approved first and then appoint the advisory board. The City Manager would then find the financial opportunities to fund the implementation. Commissioner Holzman wanted to approve the funding also and discussion followed on the available funding sources. Commissioner Hay wanted full disclosure of the fiscal responsibilities for the City and the CRA. Motion Commissioner Holzman moved to appoint a part-time preservation planner, in-house staff, Option two and move forward with the process at this time and instruct the City Manager to find those funds. Commissioner Orlove seconded the motion. Further discussion followed on the possible funding sources. Barry Atwood, Director of Finance, advised the monies received from the CRA were to reimburse a loan from the Utility Fund and were not General Fund revenues unless it is specifically appropriated by the Commission for this purpose. There are no revenue streams that could be appropriated at this time. Commissioner Hay felt uncomfortable with so many unanswered questions on the financing. An analysis should be done first.. The ordinance could move forward. Amended Motion Commissioner Orlove amended the motion to approve Option 2 pending staff's research and coming back with a dedicated source to move forward with Option 2. Commissioner Holzman seconded the amended motion. Mr. Bressner recommended the eligible board members be extended to outside the City limits to bring a level of expertise to the Board. Victor Norfus, 261 N. Palm Drive, emphasized the motion would be contingent upon the funds being found. It is affirmation to move forward with saving the school. He totally supported Commissioner Holzman. Mr. Norfus complained there were trees growing out of the Old High School and the problem should be addressed as soon as possible. Mark Karageorge, 240A Main Boulevard, concurred with many of Mr. Oyer's comments. The demographics of Boynton Beach are more similar to West Palm Beach for comparison purposes. He also stressed the monies loaned from the Utility Fund are separate from the General Fund and using those funds could lead to another increase in the utility rates for all residents. Approximately $4 million a year was transferred from the Utility Fund to the General Fund. Historic Preservation is another economic development tool, but the source of the funds should not be from the Utility Fund. Mr. 14 35 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Karageorge agreed due diligence was needed to assure the members of the Board are carefully selected. Victoria Castello, 406 S. Seacrest Boulevard, indicated her house would qualify as a historic building. She agreed with Vice Mayor Ross that the Ad Hoc Committee had great ideas that were being discounted. Mr. Oyer's comments and suggestions should be followed. Warren Adams, 1020 NW 8'h Street, Chair of the Historic Preservation Ad Hoc Committee, wanted to explain wily a full-time historic preservation planner would be beneficial. First, things would be done more quickly and it would achieve consistency. The residents and staff must have some guidelines to show what is appropriate and have expert advice. The Committee realized that financing would be problematic; however, a significant benefit can be derived over time. Education of the public about historic preservation and the available tax credits would be beneficial. Since most of the historic buildings fall within the CRA district, the CRA should be closely involved in the program including grant applications for funding. The program has to be strongly established to flourish. Don Scantlan, 13 Cedar Circle, Chair of the Financial Advisory Committee, expressed his personal opinion that the establishment of the program should be done efficiently and effectively. The monies should be spent correctly and he cautioned the cheapest way may not always get the best result. A full cost and benefit analysis should be completed. Linda Stabile, 3811 Wall Street, Delray Beach, resides in a County pocket next to Boynton Beach. The Ad Hoc Committee stands by its recommendation for a full time historic preservation planner. Even if in-house staff was used, there would be training cost and outside consultants would be required at some point creating possible inconsistency in planning. Ms. Stabile contended in tough economic times being proactive would be a better choice and finding new ways of generating revenue. A full- time historic preservation planner would be the most cost effective rather than a patchwork approach. Many historic buildings in the City have already been torn down. Barbara Ready, 329 SW 13th Avenue, reminded everyone that art and culture assist in offsetting falling property values and budget deficits as a proven economic strategy to increase property values. She urged the Commission to adopt the recommendations of the Ad Hoc Committee and hire a full-time historic preservation planner to demonstrate the City's commitment to the effort. John McGovern, 2620 Spiceberry Lane, a member of the Ad Hoc Committee, asserted the mistakes made 10 years ago on the Children's Schoolhouse Museum would not have happened if a historic preservation planner would have been in place. The Certified Local Government status will not be achieved if the proper experts are not in 15 36 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL vlanuary 18, 2011 place and other funding opportunities could be lost. The Commission should re - prioritize and move forward with the Historic Preservation ordinance and its objectives. Mr. Oyer questioned if some of the items could move forward while the financing was investigated. He suggested negotiations for an interlocal agreement with the County and establishing the process for appointing a Historic Preservation Board could run concurrently. Mayor Rodriguez declared there was consensus to move forward with those things mentioned while the financing was being sought. No one else coming forward, Mayor Rodriguez closed the public audience. Mayor Rodriguez pointed out the motion was to approve Option 2 which cost more money than Option 1 with a full-time planner. He reiterated everything could move forward and in the interim the City Manager could develop a staffing strategy. Commissioner Holzman asserted Option 2 would be $46,000 less over a three-year period. After the public comments, Commissioner Hay decided a full time planner would be the best selection. He now supported Option 1. Commissioner Hay moved to adopt Option 1 with a full-time planner and move ahead with interviewing members for the Board and have the City Manager come back with sources of financing. Commissioner Holzman seconded the motion. The motion passed. Mr. Bressner felt it would be appropriate to give staff direction to proceed with negotiations with Palm Beach County for the tax credit program. Another motion would be to authorize staff to return to the Commission with a profile for a historic preservation board including the eligibility policy on residency requirements. Motion Vice Mayor Ross moved to enter into an interlocal agreement with Palm Beach County regarding the City's historic preservation ordinance. Commissioner Hay seconded the motion. The motion passed. Mayor Rodriguez established the Ad Hoc Committee would make recommendations to the City Manager on the relevant qualifications, residency and the number of board members needed to implement the board. There was consensus. B. Further discussion regarding process/timeline for Independent CRA Board appointments. 16 37 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Mayor Rodriguez recalled there was agreement the appointments be delayed pending the downtown workshop that has now been scheduled for February 18, 2011 to afford the opportunity to observe the candidates and hear their views. The question before the Commission was, should the ranking be done before the workshop or after the workshop. Commissioner Hay emphasized the matter had been postponed, since August 8, 2010 and the Board should be appointed as soon as possible. He favored moving ahead with the ranking and appointments on February 1, 2011. Commissioner Holzman recalled Commissioner Orlove wanted to observe the individuals at the workshop before ranking the candidates. Commissioner Holzman contended it was an important consideration to see the individuals interact with the Commission and others. Their insight for the future of Boynton Beach would be helpful and their interest in attending the meeting should be considered. Mr. Bressner advised Commissioner Orlove had turned in his ranking form. Vice Mayor Ross had ranked the candidates and was prepared to present her rankings. Mayor Rodriguez stated he was disappointed in the candidates on the top 10 list. Only four have attended any CRA meetings and he would be uncomfortable appointing individuals who had not attended the meetings to be familiar with the progress being made throughout the City. He applauded the four individuals who had attended the majority of the meetings. Commissioner Hay commented he acknowledged the Mayor's viewpoint, but pointed out attending meetings in the interim had not been a requirement nor had the candidates been notified. There is frustration that a Board has not been appointed. He reminded the Commission some of the Commissioners had not attended meetings before they were elected. Failure to appoint the Board as scheduled would be another delay tactic. Motion Vice Mayor Ross moved for every member of the Commission to submit their rankings and to officially appoint the seven members of the independent CRA Board at the February 1, 2011 Commission meeting. Commissioner Hay seconded the motion. Mayor Rodriguez emphasized Commissioner Hay had voted twice last year not to appoint a voluntary board and so did the Vice Mayor. Commissioner Hay disagreed. The motion failed 2-2. 12. NEW BUSINESS 17 38 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 None 13. LEGAL A. PROPOSED ORDINANCE 11-001 - SECOND READING - Approve the abandonment of a Utility Easement for The Peninsula at Boynton Beach project at 2660 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. Applicant: Manuel Martinez, The Altman Companies, Inc. Attorney Cherof read Proposed Ordinance No. 11-001 by title only on second reading. Motion Commissioner Orlove moved to approve Ordinance 11-001 on second reading. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote Deputy City Clerk Pyle called the roll and the vote was 5-0. B. Discussion on creation of Charter Review Committee to review the City Charter to make recommendations to the City Commission as to whether a provision should be changed, remain the same, be deleted, or new provisions added. Commissioner Holzman recalled the Charter Review Committee would be created in the same manner as the Financial Advisory Board. Mr. Bressner pointed out many different models existed and the Charter had no language specifying a review process. He wanted further policy direction from the Commission to determine the parameters, timeline and prospective members and stakeholders that should be considered. Commissioner Holzman argued the motion was the Committee would be set up in a similar fashion as the Financial Advisory Board and should move forward accordingly unless reconsideration is requested. (Mayor Rodriguez left the dais at 9:42 p.m.) Commissioner Orlove recalled staff had been directed to return to the Commission with ideas on how to move forward. Staff gave their recommendations and asked for direction on how to move forward. (Mayor Rodriguez returned to the dais at 9:45 pm.) Commissioner Orlove read the relevant section of the minutes. is 39 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18; 2011 Mayor Rodriguez inquired if the intent was to establish a permanent advisory board or an ad hoc board. He proposed a five -member ad hoc board would be sufficient and each Commissioner could identify a candidate to be appointed. Commissioner Hay had reviewed the Charter and did not think any changes were necessary. Mayor Rodriguez emphasized the appointed board could make the same recommendation. Motion Commissioner Holzman moved to encompass the Mayor's suggestion. Commissioner Orlove seconded the motion. The motion passed 4-1 (Commissioner Hay dissenting). It was decided a modified '.card application would be created and given to the Commission to seek appropriate candidates. Commissioner Hay asked if there would be an associated cost. Mr. Bressner estimated there would be the cost of producing documents and legal cost. Commissioner Hay opined monies that were not available would be spent on something that was not needed at this time. Commissioner Orlove requested reconsideration of a matter previously discussed in his absence. Attorney Cherof advised the custom had been an absent member could raise an issue that had previously been disposed of by the Board at the same meeting. Technically there was no action because the motion failed with a 2-2 tie vote. Motion Commissioner Orlove moved to reconsider action on Unfinished Business Item 11.B. Commissioner Holzman seconded the motion. The motion passed. Commissioner Orlove advised he had submitted his rankings of CRA Board candidates and wanted the Commission to move forward. He thought he had enough observation of the candidates and the process had been ongoing for a significant time period. The board should be appointed. Motion Commissioner Orlove moved that the ranking forms be sent to the City Manager's office for tabulation by January 25, 2011 and at the next meeting, February 1, 2011, the Board can be appointed based on those rankings. Commissioner Hay contended since the original motion failed, the process would return to the original plan which is the same as the current motion. Attorney Cherof agreed. The motion was clarified and Commissioner Hay seconded the motion 19 40 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Mayor Rodriguez adamantly opposed proceeding without the participation of the candidates at the brainstorming, downtown meeting being held on February 18, 2011. The date had been changed. Mayor Rodriguez felt he had an obligation to the City and six of the top 10 candidates have not been to a single meeting since they were interviewed. It was disappointing that candidates would be appointed who had no interest in the CRA and could not even attend meetings. Only four of the candidates have consistently attended meetings. Commissioner Orlove reiterated he had made enough observations to move forward at this time. Commissioner Hay restated his position that the appointments had been delayed for too long and Commission members had not attended meetings prior to their election. It would be irrelevant to now make attendance at meetings another delay tactic. The motion passed 3-2. 14. FUTURE AGENDA ITEMS A. Consider recommendation of Advisory Committee for renaming of Jaycee Park -02/01/11 B. Appoint members to 7 -member independent Community Redevelopment Agency Board (TABLED ON 09/21/10 and 10/05/10) - 02/01/11 C. Amendment to Police Officers' Pension Trust Fund - 02/01/11 D. Contract award for construction of Congress Avenue Barrier Free Park - 02/01 /11 E. Interlocal Agreement with the Town of Hypoluxo for Fire and Rescue Services - 02/15/11 F. Discussion of local transportation options - 03/01/11 G. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) H. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) I. Live Entertainment Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) J. Geographic boundaries for City of Boynton Beach voting districts - (TBD) 20 41 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 K. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 9:55 p.m. CITY OF BOYNTON BEACH Jose Rodriguez, Mayor Marlene Ross, Vice Mayor William Orlove, Commissioner Woodrow Hay, Commissioner ATTEST: Steven Holzman, Commissioner Janet M. Prainito, MMC City Clerk C dith A. Pyle MC eputy City C erk 21 42 of 432 6.B CONSENT AGENDA February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE F-1NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Award Bid for THE PURCHASE OF PANASONIC CF -52 SEMI RUGGEDIZED LAPTOPS OR EQUAL BID #015-2110-1 1/JMA to OM OFFICE SUPPLY Inc. of Mechanicsburg, Pennsylvania, for 31 laptops for a total expenditure of $47,120.00 to be 100% purchased using the Edward Byrne Memorial Justice Assistance Grant (JAG) EXPLANATION OF REQUEST: On December 29, 2010 Procurement received and opened twelve (12) bid proposals for the project. The bid proposals were: -Aprisa Technology LLC -BLM Technology of FL, LLC -Business Services -CDW Government, LLC -CF Motion -GovConnection, Inc. -GOWIN -OM Office Supply, Inc. -RF Industries (Radio Mobile) -Radio One -Radio One -Troxell Communications, Inc. $3,186.00 $2,305.88 $2,139.98 $1,934.00 $2,643.00 $1,847.50 $ 978.00 (Non responsive) $1,520.00 (Low responsive bid) $2,149.20 $1,417.50 (Non responsive) $2,105.00 $1,984.38 Staff received the bid proposals and recommends awarding the contract to OM Office Supply, Inc. OM Office Supply, Inc. met all our specifications and came in with the lowest unit cost of $1,520.00 per laptop. Two vendors quoted prices lower than OM Office Supply, Inc., however they were non responsive as noted below. 43 of 432 A. The first was GOWN Inc. at $978.00 per unit, but failed to meet desired specifications in two major areas: 1. These units were quoted with the Windows 7 Home Edition Operating System. Home Edition is unable to connect with the BBPD Domain, and is not suitable for an enterprise networking environment such as ours. 2. These units were only quoted with a 2 year warranty when we specifically requested that all bids include a 3 year warranty. B. The second was Radio One at $1,417.50 per unit, but failed to meet specifications in two major areas: 1. They did not quote a Panasonic CF -52 laptop, but instead recommended a GETAC S400 computer as an alternative solution. The GETAC S400 computer comes with the Windows 7 Home Edition Operating System which as explained above is not compatible with the current BBPD Domain. 2. In addition, all of our vehicles are equipped with computer stands that do not fit this style computer which would incur addition costs to retrofit the fleet. On September 9, 2010, the City of Boynton Beach was awarded the Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $67,395.00. Of that amount, $47,250.00 was allotted for this computer purchase. The bid originally was for the purchase of 27 computers. This number was determined by taking $47,250.00 and dividing it by the estimated unit cost of $1,750.00. The bids from OM Office Supply Inc. showed a unit price of $1,520.00, so we are now able to purchase 31 laptops and still come in under the amount awarded to us in the JAG grant. Based on the above listed factors, staff recommends purchasing 31 Panasonic CF -52 Semi Ruggedized Computers from OM Office Supply Inc. in the amount of $47,120.00 that falls within the $47,250.00 that was allotted for this computer purchase. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Currently, the Police Department Is utilizing laptop computers that are either out of warranty now or will be within the next year. In addition to using obsolete technology that cannot keep up with current application requirements, it is no longer cost effective to repair these computers. FISCAL IMPACT: This purchase will be funded entirely through the Edward Byrne Memorial Justice Assistance Grant (JAG) funds. All costs will be charged to account 105-3440-521- 64.15. ALTERNATIVES: Staff does not recommend either of the two alternatives as they run the risk of losing all or a portion of the grant funds. 1. Purchase only 27 laptops for a total cost of $41,040 which is less than the $47,250.00 awarded. This could be a lengthy process requiring us to develop another proposal for spending the balance of the grant funds and filing a grant adjustment notice that may or may not be approved. 44 of 432 2. Not to replace the computers and jeopardize high costs with maintenance/repair of the existing equipment. This also runs the risk of losing the full $47,250.00 of grant funds should an alternative not be approved. 45 of 432 The City of Boynton Beach REQUEST FOR BID FOR "THE PURCHASE OF TWENTY-SEVEN (27) PANASONIC CF -52 SEMI RUGGEDIZED LAPTOPS OR EQUAL (other manufacturer but equally configured)" BID # 015-_2.110-11/JIA Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: December 29, 2010, No Later Than 2:30 P.M. (Local Time). Bids will be opened in: PROCUREMENT SERVICES -CITY HALL FINANCE CONFERENCE ROOM, 2ND FLOOR unless otherwise designated. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a bid can be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. The following language is made a part of and is to be included in the specifications hereto attached: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned it is for the pt:rpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within its bid to prove to the 46 of 432 City that such product is equal to that specified and to submit brochures, samples, and/or specifications in detail as to the proposed substitute products. The City shall be the sole judge concerning the merits of the bid submitted. Sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or ten (10) days after the opening of the proposalfbid. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the invitation to bid or request for proposals, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the reissued invitation to bid or request for proposals or until the City withdraws the reissued invitation to bid or request for proposals. Requests for bid or proposal documents should be submitted to the City Clerk's Office, Documents may be inspected without charge, but a charge will be incurred to obtain copies. After the deadline to submit a proposal, a bid, or other response to a competitive solicitation, City Staff Members and Members of the City Commission are prohibited from communicating directly or indirectly with bidders or proposers, regarding the substance of the bid or proposals until such time as the City Commission (1) awards or approves a contract, (2) rejects all bids or responses, or (3) otherwise takes action which ends the solicitation process (City Code Section 2- 234). Improper communications during this "cone of silence" period can result in penalties to a proposer or bidder as set forth in City Code Section 2-236. Any questions relative to any item(s) or portion of this bid should be directed to Julianne Alibrandi, Buyer, at (561) 742-6322. SCOPE OF BID: The City of Boynton Beach is seeking to replace old laptops with expired warranties, with twenty-seven (27) new Panasonic CF -52 Sethi Ruggedized Laptops or equal (other manufacturer but equally configured) for use by the City's Police Officers. Contact: City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Julianne Alibrandi, Buyer (561) 742-6322 Office Hours: MONDAY thru THURSDAY, 7:00 A.M. TO 6:00 P.M. 47 of 432 SPECIFICATIONS FOR "THE PURCHASE OF TWENTY-SEVEN (27) PANASONIC CF -52 SEMI RUGGEDIZED LAPTOPS OR EQUAL (other manufacturer but equally configured)" 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 this specifications "check -off' sheet with the proposal sheet in order for a bid to be considered. The Laptop must have: Windows 7 (with XP Downgrade Preferred) J The Laptop must have: 6t6 e P U V Intel Core 2 Duo P8400 2.26 GHz {Centrino2 vPRO) Processor / The Laptop must have: I/ 15.4" Screen (no touchscreen) JThe Laptop must have: 1/ 160 GB Drive Hard Drive The Laptop must have: 114 GB RANI (1Vlinimum) Ul-The Laptop must have: Intel WiN a/b/g/n he Laptop must have: DVD Multi Drive /The Laptop must have: -" �Standard PCMCI_A slot V" An Original (so marked) and three (3) copies of Bid Proposal must be submitted. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 48 of 432 Specifications - Continued The Laptop must have: ✓ Panasonic Protection Plus Three (3) Year Warranty (or other manufacturer's equal protection warranty) to be submitted with Bid. Bidder must state the manufacturer and the model number of all items and Accessories specified in this Bid. ✓ Quantities indicated in the Bid represent approximate needs. There is no Guarantee made or implied that the City will make specified purchase. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 49 of 432 GENERAL CONDITIONS FOR BIDDERS FAMILLaRITY WITH LAWS: The bidder is presumed to have full knowledge oC and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. All bid forms must be executed and submitted in the envelope Generally "yellow") provided by the City for easy identification. The bid submittal envelope is provided in each bid package and is attached to the "Statement of No Bid" form. The face of the envelope shall contain the company's name and address, bid title, number, bid date and time. When the bid submitted is larger than the envelope provided, insert requested information and material into a large envelope, affix the bid envelope to the outside and fill in all requested information. Bids not submitted on attached bid forms may be rejected. All bids are subject to the conditions specified herein. Bids which do not comply with these conditions are subject to rejection. EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a bid, respond by returning one copy of the "STATEMENT OF NO BID" in the envelope provided Generally "yellow"), and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, to waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. 50 of 432 Consideration may be given. but is not necessarily limited to conformity to the specifications: including timely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. 51 of 432 INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUAN'T'ITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Prccurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that aII bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. 52 of 432 EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXL EPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all re -procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's. discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City, LEGAL REOUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 53 of 432 ON PUBLIC ENTITY CRIMES - All Invitations to Bid as defined by Section 287.012(11). Florida Statute-;, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph '2)(a) of Section 287.1.33, Florida Statutes, which reads as follows. "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". ADVERTISING: In submitting a bid, the bidder agrees not to use the results there from as a part of any commercial advertising_ Violation of this stil•ulatiur may be subject to acti(•n covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save ha.mless and undertake the defense of the City, its City Commissioners, agents, servants an emp: ,yees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal, or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against a' I costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES' This bid may be expanded to include other governmental agencies. In some cases, Cooperative Purchasing Agreement exists or an Interlocal Agreement for joint purchasing exists between the City of Boynton Beach and the other public agency. All bidders submitting a response to this Invitation to Bid agree that such response also constitutes a bid to ALL POLITICAL SUBDIVISIONS OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, under 54 of 432 the same conditions, for the same price(s) and the same effective period as this bid. This agreement in no way restricts or interferes with the right of ANY POLITICAL SUBDIVISION OF PALMI BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, to re- bid any or all items. It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this advertised request constitutes a bid made under the same conditions, for the same Contract price, and for the same effective period as this bid, to the PALMI BEACH COUNTY SCHOOL BOARD. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be Iimited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REOUIREMEN i'S: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES. TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handlin,shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. 10 55 of 432 Upon delivery, the City shall make final inspection. If this inspection shows that the equipment has been delivered in a Qatisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be v, ithheld until visual inspection is made by the Police Department Network Administrator, and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) says. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the commodity. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors, COMPLIANCE WITH OCCUPATIONAI. SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned require m, ents shall be borne by the bidder. 1#1 56 of 432 Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to Julianne Alibrandi Buver Nlondev tbrouah Thursday 7:00 — 6:00 P.M. at (561) 742-6322 or e-mail at: alibrandil@bbfl.us. 57 of 432 SPECUL CONDITIONS FOR BIDDERS 1. It will be the responsibility of the successful bidder to supply necessary labor for placement of all equipment as specified. 2. Award is anticipated on an . -or-none basis; however, where applica )le, item by item offers will be considered and -best combination will determine the award. 3. The City by written notice, may terminate in whole or in part any Contract resulting from the invitation, when such action is in the best interest of the City. If the Contracts) are so terminated the City shall be liable for ordy payment for services rendercd prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 4. When considering and evaluating bids, an advantage will 1` given on items for which parts and service are sufficiently available locally so that .:ccessive down time will not occur. Bidder should be ready to furnish information on availability on parts and service upon request by the City. 5. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder, including past performance (experience) with the City in making the award in the best interest of the City. 6. The successful bidder shall at all times guard from damage or loss of property of the City or of other vendors or Contractors and shall replace/repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Contractors. The City may withhold payment or make such deductions, as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful bidder or his agent. 7. Vendor to indicate number of days required for delivery and/or project completion. 8. No bids maybe withdrawn for a period of ninety (90) days after the Bid opening. 13 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 58 of 432 THE DOCUMENTS r It 1 14 59 of 432 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCURE2VIENT SERVICES 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-03 10 Telephone: (561)742-6322 Broadcast Date: December 8, 2010 Bid Title: "THE PURCHASE OF TSVENTY-SEVEN (27) PANASONIC CF -52 SEMI RUGGEDIZED LAPTOPS OR EQUAL (other manufacturer but equally configured)" Bid Number: 015-2110.11/JMA Bid Received By: DECEMBER 29, 2010, NO LATER THAN 2:30 P.M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: December 29, 2010, no later than 2:30 P.NI. (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 w applicable sections of the charter and codes of the City. Name of Vendor; OM C)-F-IC_E SOMV 2-0c_ Federal I.D. Number: A Corporation of the State of: hq Area Code: "11-7 Telephone Number: -763— k -2-A4 Area Code: 7 l 7 FAX Number: 7�63 — 43 G N Mailing Address: 6007 CRRLiSI-E )XE 3v City/State/Zip: 17066D Vendor Mailing Date: /X//.- Aoo E -Mail Address: mn-n;4Domo3-caro V�11 Hutnortzea � re MPA KH RG/ARWH-L Name Typed 15 THIS PAGE. TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 60 of 432 BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA For "THE PURCHASE OF TWENTY-SEVEN (27) PANASONIC CF -52 SEMI RUGGEDIZED LAPTOPS OR EQUAL (other manufacturer but equally configured)" To All Bidders: Date: 1 `.Z hd f 'm 0 The undersigned declares that he/she 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, 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 sum of: —oro /Each 27 $ L"WAO —ov Price Quantity Total Amount ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the product will be delivered within 10 calendar days from the date of the Purchase Order from the City. Number of Bid Proposal prices submitted Specification "check -off' sheets (Pages 3and 4) submitted Y" Yes/No Sample of Warranty Enclosed: Ye Yes/No DM OFFICE �t1PPLy 173V�. COMPANY NAME SIGiATORE V . r ( 717 )-763"12-14 w....w V. P TELEPHONE NUMBER TITLE 16 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 61 of 432 NON COLLUSION AFFIDAtiIT OF PRIME BIDDER State of P!g ) County of C-yMBEFLtMD ) h1f N I SH wp'W&i– , being first duly sworn, deposes and says that: 1) He is V. P of ON Or–A1C-5- soppl-y 1:NC , (Title) (Name of Corporation or Firm) the bidder that has 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, has in any way colluded, conspired, connived or agreed, directly or Indirectly with 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 has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm 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 any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement the part of e bidder or any of its agents, representatives, owners, employees, or parties in terest, incld(din is affiant. (Signed) Subscribed and sworn to before me (Title) V . r+ This 1 i day of a:f' tzr; 20 u COMMONWO[ i r, or S':_NNSYLV� ri,A 3'nnl!E' "Aa: , V.'Otzrp rP$li[ H.tmpdc. ;�..-C ull imdM commission expires Cup n� 17 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 62 of 432 ANTI -KICKBACK AFFIDAVIT t �fl r::�11'J[lth C� STATE OF FLeRfBA ) C rnk>eitcr�t SS COUNTY OF P BEAD ) 1, 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. t•. By: "ftQo 3tlRW- NAME - SIGNATU E Sworn and subscribed before me this 1'1 day of -Dcrsy>>\,rr 20 IU Printed Information: "P,W\SH Pr6PiZtitFl L NAME lm TITLE NOrNRY PUWC, State of Fleridt at LaYge v w•IlJ[ (14 C� OM ok-,(E suPP� Y TSN e . COMPANY Ct1MMONVXAL111 QF' P:9-0NSYLVANIA LMetanal50ai T_-___�� ]e..nrcfer �cva, N%aq Public ' Nampdcn T'wp., Cumturifid County I M'; Commaon Expires Jaa. 7, 2019 M -tuber, Penn5V 4an1., As,".: f!?fl of NotarjF "OFFICIAL NOTARY SEAL" STAMP 18 THIS PAGE TO BE SUBMITTED Pi ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 63 of 432 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a pan of our files for future use and information; please fill out and indicate in the appropriate spaces provided which category best !escribes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN OC) ASIAN ( ) BLACK ( ) HISPANIC (X) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES ✓ NO If YES, Name the Organization from which this certification was obtained and date y� 94=6p— %Qn+7gSsez Issuing Organization for Certification 7Eta- .1 1) —Zooff' Date of Certification 19 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 64 of 432 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a dru. free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, l certify that this firm compl' s Fully with the above requirements. Vendor's Signa ire 20 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 65 of 432 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Baach Boulevard, P.O. Box 310, Boynton Beach, Florida 3342-0310. Failure an respond may result in deletion of vendor's namefrom the qualified bidder's list far the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: 1 g� SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid #015-2110-11/JNIIA for "THE PURCHASE OF T' ENTY-SEVEN (27) PANASONIC CF -52 SEMI RUGGEDIZED LAPTOPS OR EQUAL (other manufacturer but euually configuredYbecause of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 21 IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES 66 of 432 Tech Data - Product details Pre. 30622R Product Detail D Part*; 100022IR Panasonlc Touphbook 52 - Core 2 330M 2.13 GHz - 15.4" TFT Name:[Panasonic Touqhbook 52 Manufacturer. ANASCNIC Manufacturer Partw. F-52PGNHX2M ,� Summary: Panasonic Toughbook 52 - Case 13 330M 12.13 GHz - RAM 2 GB - HDD 160 GB - DVDtRW (tR DL)! DVD -RAM - Gigabit Ethernet - WLAN : 802.11 Wg/n - TAM - fingerprint reader, Srr�artCard reader - Windows 7 Pro! XP Pro downgrade - pre- installed: Windows 7 - 15.4" Widescreen TFT 1280 x 8DO ( WXGA ) with ou hhoDk Preferred Manufacturer Spec Sheet: True ost: 151,418,11 Retall Cost: 1,779-00 �mrs powertw desktop alternative gives you the flexibility to work wherever you need to, whether in the office or in the field. The I�ashock-mounted flex -connect hard drive, magnesium alloy casing, and spill -resistant keyboard and touchpad defends your data gainst the bumps of mobility, while the wide area wingless -ready design allows you to stay connected anywhere you ga. The 15.4 -inch widescreen disDlav is perfect for increased nroductivity and better amun oresentatinns_ General Spectflrations Product Description Panasonlc Touphbook 52 - Core 2 330M 2.13 GHz - 15.4" TFT Dimn_nsiona W%D%H 14 in x 11.3 in x 2 in ,Weight F7.5 lbs ISystem Type Notebook Built-in Devices iraless LAN ante. nna Bundled Services Mouohbook Preferred Embedded Security rusted Platform Module (TPM -1.2) Security Chip, fingerprint reader, SmartCard reader ,Processor lintel Core i3 330M 12.13 GHz ( Dual -Core ) ache Memory 113 MB - L3 cache RAM GS DDR3 SDRAM Card Reader Lyes _... ---- Hard Drive 160 GB 0 tical Storage VDtRW tR DQ 1 DVD -RAM - Integrated Pis la 15-4" TFT 1280 x 8D0 LWXGA udio Output Sound card etworkfng Ne02.19twork adapter - Ethtoemet, Fast Ethernet, Gigabit Ethernet, IEEE 802.1 tb, IEEE , tEEE 802.1 nut Device a pard, touch ad Power C 120i2W V 50100 Hz Oattery -ithium ion Operating System Microsoft Windows 7 Professional 1 XP Professional downgrade OS Preinstailed endows 7 Environmental Standards IFNERGY STAR 4usufied EPEAT Silver Manufacturer Warranty 3 yearswarran Speclficationa JExtended �SystemTVpe _ otebook undled Services o hbookPreferred Built-in !]suites Ireless LAN antenna Embedded Security misted Platform Module (TPM 1.2) Security Chip , fingerprint reader, SmadCari reader .. idth 114 in Page 1 u http:l new.techdata.com/tools/ProductDetail/ProductDetaiFForPrint.aspx?P=30622R 12N,201t 67 of 432 Tech Data - Product Details Print 30622R eoth Ill1.3 in (Height- ------_-_-_ _ in _._ I eight .5 lbs Processor Intel Core i3 330M 12.13 GHz Multi-Ccre Technology Dual -Core 4 -bit Computing ITYpe L3 cache nstalled Size 15MB nstalled Size IP GB ITechnoloqy JIDDR3 SDRAM Hard Drive 11160 GB rrype DVD±RVy ±R DLI I DVD -RAM - inte rated e and reader [Supported Flash Memory Cards IISD Memory Card, SDHC Memory Card Oisplay Type 15.4° TFT Wax Resolution jr1280 x 800 WXGA ltLliciescreen Display es Features ntl lare anti-reftective udio Output I Found card I om liant Standards 11HIgh Deflnition Audio frype Ke board,tcucIN psd Features �� Scrolling, volume'oorrtrol I INetwoldng IlNetwork adapter Wireless LAN Supported jFes Data Link Protocol Ethernet, Fast Ethernet, Gigabft Ethernet, IEEE 802.11b, IEEE 802.119, IEEE 02.11 n Om liant Standards EEE 802-116 IEEE 802.1 1g, IEEE 802.11n lExpansion Slots Total Free 1 x PC Card - type 1/11 ' Memo ' 1 1 x Ex ressCardl34 I 1 Smart Card Interfaces 1 x display / video - VGA -15 pin HD D -Sub (HD -15) 1 1 x headphones / speakers - utput - mini -phone stereo 3.5 mm I 1 x audio - line-inlmicrophone - mini -phone tereo 3.5 mm I 1 x docking / port replicator - 100 pin docking 11 x serial - RS -232 - pin DSub (6B-9) 14 x HI -Speed USB - 4 pin USB Type A: 11 x network - themet 10Base-T1100Base-TX11000Base-T - RJ -45 Features ecurity lock slot (cable lock sold separately), administrator password, system essword, hard drive password, anti -vibration, split resistant keyboard om fiats Standards 1FCPI, RES Power Device IlExtemal alta a Required 11AC 1201230 V 50150 Hz echnc ithium ron Installed Oty 11 5 Provided Icrosol't Wlrxlows 7 Professional / XP Professional downgrade OS Preinstalled 1NVIndows7 oftware _ C Information Viewer, Battery Recalltxation Utility, Adobe Reader, Hard Disk Data Erase UtIlt, InterVldeo WInDVD B recovery DVD Roxio Creator LJB EPEAT Compliant [EPEAT Silver NERGY STAR Qualified es ervioe 8 Su ort 113 years warrant Service & Support Details ethnical support - phone consulting - 3 years - availability: 24 hours a day / Monday -Sunday: Technical support- parts and labor- 3 years - response time: 2 days I Recycling I Technical support - parts - 3 years - response time: next usiness day ( delivery and returns charges by manufacturer) I Engineering —ice - consuiti - 3 years - on-site Page 2 of 2 http://new.techdat&comftools/ProduaDetaillProductDetailForPrint.aspx?P=306228 12/9/2010 68 of 432 G V O a O N 3 Qj � N LU 3 W i v a2 •�, W i U � N 7 W W O CT j jN o t Ck 0 ;k O Cka0 mmm 69 of 432 m co Qn X 0 w W M N O Z Z W m O} w v O y z p 2'.+ N a o w x¢ � ® Z V 69 � � v J W � w M co ❑r i ?��® w W O g ¢ =^c9 U) ®00 N W ❑�3 Gr N `� Y O (qr W O }z m M � V o Y F m U) ❑ w r V i Y p U O O w W Z W 0 0 U d Z Lu to M ui z O �O C> Q mww. 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R11-019 -Approve the Interlocal Agreement with the Town of Hypoluxo for the provision of fire and rescue services. EXPLANATION OF REQUEST: The Town of Hypoluxo is interested in renewing a seven year cooperative agreement with the City effective October 1, 2011 for the provision of fire and rescue services. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fire Rescue Department has analyzed the operational impact of this relationship and is able to effectively handle the current call volume. The City will dispatch and assign the closest, appropriately staffed and available vehicle(s) to emergencies within the Town consistent with the level of resources available to the City and the level of service provided to City residents, with no impact to the City residents. FISCAL IMPACT: This agreement provides for the Town of Hypoluxo to pay the City $331,432 during the first year of the Agreement with an adjustment formula (CPI or 4%, whichever is greater) for subsequent years. The prior seven year contract will terminate on October 01, 2011 and was in the amount of $318,685.00 for the year. In addition, this contract allows for the City to bill and collect revenues for ambulance transportation, inspection and plan review of new development, redevelopment, and existing structures within the town, and false alarm fees. ALTERNATIVES: Do not approve this Interlocal Agreement. 77 of 432 A =11 Ilei Y [1]120 ;ire A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF HYPOLUXO PROVIDING FIRE AND RESCUE SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Citv Of Bovnton Beach currently has an Interlocal Agreement for Fite and Rescue Services with the Town of Hypoluxo which expires September 30, 2011, and'. WHEREAS, the Interlocal Agreement, which commences on October 1, 2011, provides for the Town of Hypoluxo to pays the City $331,432.00 during the first year of the Agreement with an adjustment formula of CPI or 4%, whichever is greater, for subsequent years; and WHEREAS, staff has reviewed the Interlocal Agreement, a copy of which is attached hereto and made a part hereof. 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 Mayor and City Clerk to execute the Interlocal Agreement with the Town of Hypoluxo for the provision of fire and rescue services by the City of Boynton Beach for a period of seven (7) years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and the Town of Hypoluxo for file and rescue services by the City of Boynton Beach for a period of seven (7) years, which Interlocal Agreement is attached hereto and made a part hereof. Section 3 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2011. 78 of 432 I_r81wI Janet M. Prainito, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jose Rodriguez Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay Commissioner — Steven Holzman 79 of 432 INTERLOCAL AGREEMENT FOR FIRE -RESCUE SERVICES TO THE TOWN OF HYPOLUXO BY THE CITY BOYNTON BEACH This Agreement, made and entered into this day of 2011, by and between the City of Boynton Beach, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "City", and the Town of Hypoluxo, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "Town." WITNESSETH: WHEREAS, the Town presently does not maintain a Fire Protection and Fite Rescue Department with file fighting and emergency medical equipment and personnel, and desires the City to provide file and rescue services to the Town., and WHEREAS, the City does presently maintain a Fire Protection and Fire Rescue Department and desires to provide fire and rescue services to the Town; and WHEREAS, the City will maintain or improve the standards of fire and rescue services to the Town as currently provided by the City within its municipal limits; and WHEREAS, the City has a mutual aid agreement with Palm Beach County Fite Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and WHEREAS, the City and Town desire to enter into a cooperative arrangement providing fire and rescue services benefiting public safety and local government, and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express purpose of cooperating in the provision of fire and rescue services without regard to territorial boundaries, which shall benefit mutually and equally the citizens of each party; and WHEREAS, the City will provide file and rescue services to the Town in conformance with City and Palm Beach Countv Fite Code of Ordinances: and WHEREAS, the City will provide additional file and rescue equipment and personnel to ensure that the Town will receive the same or improved standards of fire rescue services that are currently being received by the Town. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto, hereby agree as follows: SECTION 1. PURPOSE (a) This Agreement constitutes an interlocal agreement authorized by Section 163.0 1, Florida Statues, being a joint exercise of Power shared in common which any City could exercise separately and shall be filed with the Clerk of Circuit Court in and for Palm Beach County, Florida. 80 of 432 (b) The purpose of this Agreement is to provide fire protection and fire rescue within the municipal limits of the Town by the City Fire Rescue Department. Fire rescue shall include advanced life support as that term is defined by section 401.23, Florida Statutes. Fire protection shall include plan review, fire code enforcement, building inspection, fire suppression, fire inspection and fire investigation. The term of this Agreement shall be for a period of seven (7) years commencing October 1, 2011 and ending September 30, 2018, unless sooner terminated as provided herein. SECTION 3. SERVICES RENDERED The City, through its Fire Rescue Department, shall provide fire protection, fire rescue, fire inspection, fire investigation and advanced life support services 24 hours per day, 365 days per year, within the municipal limits of the Town throughout the term of this Agreement. (a) This Interlocal Agreement shall not be construed to impose any obligation, duty or responsibility whatsoever on the City to provide any specific types, kinds, or numbers of emergency personnel or apparatus at any fire station of the City, or at any emergence scene within the Town boundaries at any specific time. The City will dispatch and assign the closest, appropriately staffed and available vehicle(s) to emergencies within the Town consistent with the level of resources available to the City and the level of service provided to City residents. (b) The parties hereto further understand and agree that a possibility exists that the City of Boynton Beach Fire Department may receive simultaneous calls for separate accidents, fires and other public safety problems. In the event of a simultaneous occurrence of emergencies, the judgement of the Fire Chief of the City, or the senior Fire Department Officer on duty at the time, as to which call should receive first priority response, shall be binding upon the parties hereto. If the City cannot respond to a call for assistance due to multiple calls and/or alarms in progress, all reasonable efforts will then be made by the City to arrange for a suitable response from another agency or jurisdiction cooperating with the City through various mutual aid agreements in effect at the time. 81 of 432 (c) The Fire Chief of the City of Boynton Beach shall have full and complete authority through the normal chain of command over the operation of the City of Boynton Beach Fire Department personnel, vehicles and equipment while in the Town of Hypoluxo. (d) The Citv Fire Department shall have complete authority and control over the use and deployment of any and all apparatus and equipment acquired by the Town for its use and to support this Agreement during its term. (e) The Town officials, employees, residents and citizens shall not interfere with the direction, management and deployment of the City Fire Department, its personnel or equipment at any time during fire fighting or other emergency situations. (f) The Town shall report all street and road closures/openings to the City Fire Department immediately. (g) The City assumes no responsibility for emergency preparedness planning and program implementation for the Town. (h) The City will provide the same level of service to the Town as it provides to City residents with respect to hazardous material response in accordance with the Palm Beach County Regional Hazardous Materials Response Ordinance of 1998 ("County Haz-Mat Ordinance), which is incorporated herein, and made a part hereof by reference. As set forth in the County Haz-Mat Ordinance, recovery of all costs associated with a discharge or threatened discharge of hazardous substances will be sought against the persons responsible for causing or alloying a discharge or threatened discharge. To the extent that costs are actually incurred by the City in responding to a hazardous material incident within the corporate limits of the Town and the Citv (or the Countv on behalf of the City`), using its best efforts, is unable to recover such costs from the responsible persons or the Federal Government in accordance with Section 7 of the County Haz-Mat Ordinance, the Town shall reimburse the City for certain expended supplies and consumables, namely, chemical absorbents, hazardous materials vapor suppressions, chemical testing agents, and hazardous materials recovery drums and/or other containers used by the City Fire Department. (i) The Citv is permitted to invoice residents of the Town for appropriate emergency medical service fees under the same terms and conditions as those for residents of the Citv. 11NOI®IESF_S'/NDI0111 In consideration of the City providing the services set forth in Section 3, the Town agrees to pay the City' the sum of Three Hundred Thirty' -One Thousand Four Hundred Thirty'-Tivo Dollars and 00/100 ($331,432) during the first year of this Agreement, payable in two equal, semi-annual installments on January 15, 2012 and April 15, 2012. Commencing October 1, 2012, the annual compensation for fire rescue services to be rendered by the Citv to the Town shall be adjusted annuallv. Per mutual agreement of the parties, such compensation may be adjusted to offset any increased costs of providing the enumerated services and programs due to unfunded mandated of the federal, state, or County government and to address any other unforseen events or contingencies. The adjustments contemplated in this subsection shall be in addition the annual adjustment set forth below. Before July 1, 2012, and annually before July 1 of each succeeding year of this Agreement, the initial compensation payable by the Town to the Citv ($331,432) shall be adjusted effective October 1, 82 of 432 2012, and as of October 1 of each succeeding year of this Agreement. The annual adjusted compensation commencing October 1, 2012 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%), w1iichever is greater. Adjusted compensation for fire rescue services shall be paid by the Town to the City in two equal semi-annual installments on January 15 and April 15 throughout the term of this Agreement. The City's fee for inspection and plan review of new development, redevelopment, and existing structures within the Town shall be charged directly to the owners of such new development, redevelopment, and existing structures in accordance with the applicable City ordinance. SECTION 5. NOTICES AND PAYMENTS All notices and payments between the parties hereto shall be mailed by certified mail, return receipt requested, and/or fax to the following addresses, respectiv elv (payments should be sent via certified mail and need only be sent to the City Manager and Mavor): City Manager Cite of Boynton Beach 100 East Boynton Beach Boulevard Bovnton Beach, Florida 33435 Fire Chief Cite of Boynton Beach 2080 High Ridge Road Boynton Beach, Florida 33426 Mayor Town of Hypoluxo 7580 South Federal Highwa Hypoluxo, Florida 33462-6034 SECTION 6. CODE The Florida Fire Prevention Code adopted by the State Fire Marshal, as may be amended, including NFPA 1 Fire Prevention Code (2002 edition) and NFPA Life Safetv Code (2006 edition), in addition to any local amendments adopted by the City in accordance with section 633.0215, Florida Statutes, shall apply within the Town's municipal limits. Sections 2.5-8. 2.5-9, 2.5-11, 2.5-12, and 2.5-13 and amendments hereafter of the City Code of Ordinances, "Alarm Systems," shall be incorporated herein by reference in this Agreement. The City shall remit false alarm charges to the Town. The Town shall notifv alarm users of the charges due, requesting payment thereof pursuant to Section 2.5-13 of the City Code of Ordinances, "Alarm Svstems." That section imposes a fine for more than three (3) false alarms in anv tivelve-month period, exclusive of false alarms caused by acts of God or other natural forces. The City shall promptly provide the Town with copies of all new legislation, including but not limited to ordinances, resolutions, policies, or procedures which may be enacted by the City that may affect Chapter 2.5 entitled "Alarm Systems" and/or Chapter 9 entitled "Fire Protection and Prevention" of the Cite of Bovirton Beach Code of Ordinances. 83 of 432 SECTION 7. ADMINISTRATION All 1ATitten rules and regulations, polices and procedures of the City of Boynton Beach Fite Rescue Department shall apply to the Town and are hereby incorporated herein by reference pursuant to this Agreement. Nothing contained in this Agreement shall be construed to constitute a transfer of municipal powers in any way whatsoever. This Agreement is solely an interlocal Agreement to provide fire rescue services as authorized by Chapter 163, Florida Statues. The Town and City Councils shall each retain total legislative authority with regard to their respective municipalities. Each party to this Agreement will remain liable for its own negligence and any and all negligent actions undertaken by its employees and agents in the performance of the obligations hereunder. Nothing contained herein shall be construed as a waiver of the applicable sovereign immunity protections or the limitations of liability set forth in section 768.28, Florida Statutes. SECTION 8. DISPUTES In the event that the Town has a dispute with respect to the City's performance hereunder, the Town shall notify the City Manager in iiTiting, advising of disputed matter. In the event that the disputed matter is not resolved to the satisfaction of the Town or and the City, the Town shall request the City Manager schedule the disputed matter to be heard at the next scheduled City Commission meeting. SECTION 9. TERMINATION Prior to the commencement of any fiscal year, either party may terminate this Agreement by giving written notice to the other party that the cancelling party elects to terminate the Agreement effective the end of that fiscal year. For example, a party may terminate this Agreement effective September 30, 2014 by giving 1ATitten notice prior to October 1, 2013. SECTION 10. AMENDMENT TO AGREEMENT This Agreement shall not be amended or modified except in writing executed by the parties, and approved by resolution of the governing body of each party. SECTION 11. MISCELLANEOUS PROVISIONS (a) Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the other party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. (b) The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. (c) If any terms or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and 84 of 432 provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by lacy. (d) This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce, or arising out of this Interlocal Agreement shall be held in Palm Beach County, Florida. (e) This Interlocal Agreement represents the entire understanding of the parties, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the Provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. (f) This Interlocal Agreement and subsequent amendments thereto shall be filed by the Citv with the Clerk of the Circuit Court of Palm Beach County, Florida, in conformance with Section 163.01 (11), Florida Statutes. WITNESSES: Approved as to form and Legal sufficiency: Leonard Rubin, Esq. Assistant Town Attorney WITNESSES: By: Attest: Approved as to form and Legal sufficiency: James Cherof Cite Attorney TOWN OF HYPOLUXO, FLORIDA By Mayor Attest. Town Clerk CITY OF BOYNTON BEACH, FLORIDA Mayor City Clerk 85 of 432 8:ca/agmts/fire rescue services/Hypolulo 2011-2018 86 of 432 6.D CONSENT AGENDA February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE F-1NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R11-020 -Appoint a five (5) member charter review committee. EXPLANATION OF REQUEST: Based upon City Commission direction the attached resolution appoints a five member charter review committee. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: Clerical costs associated with sunshine meeting requirements. ALTERNATIVES: None 87 of 432 A =11 Ilei Y [1J►1►[110;ire A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING FIVE (5) MEMBERS TO THE CHARTER REVIEW COMMITTEE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has determined that it is in the best interests of the citizens and residents of the City to appoint a five (5) member Charter Review Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the foregoing "WHEREAS" clause is true and correct and herebv ratified and confirmed by the City Commission. Section 2. The City Commission here by appoints the following 5 individuals to serve as an advisory Charter Review Committee: 1. 2. 3. 4. 5. Section 3. Following review of the Charter and recommendation to the City Commission, the Charter Review Committee shall be dissolved. Section 4. The Charter review committee shall function in the sunshine. Section 5. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of 2010. CITY OF BOYNTON BEACH, FLORIDA 88 of 432 ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Mayor — Jose Rodriguez Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay Commissioner — Steven Holzman 89 of 432 7.A BIDS AND PURCHASES OVER $100,000 February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE F-1 IVEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ® BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: 1) PROPOSED RESOLUTION NO. R11-021 -Approve budget amendment (a) to transfer $185,000 from the Jaycee Park CIP Project and (b) to transfer $250,000 from the Oceanfront Boardwalk CIP Project for a total of $435,000 to the Congress Avenue Barrier Free Park Project and (c) authorize the transfer of additional savings, if available, (from the Oceanfront Boardwalk Project), not to exceed $400,000; 2) PROPOSED RESOLUTION NO. R11-022 -Approve a contract with West Construction, Inc. for construction of Congress Avenue Barrier Free Park in the amount of $1,412,366 with a 10% contingency of $141,236 for a total of $1,553,602 (Bid No. 004-2730-11/CJD). EXPLANATION OF REQUEST: Background: In August of 2007, the City Commission authorized the execution of a contract with Glatting Jackson (now AECOM) for park design and construction management services for the development of the Congress Avenue Barrier Free Park. The construction documents were completed and the project went to bid. In August 2009, the City Commission decided that due to budget concerns, the project would be deferred for one year. On June 15, 2010, the City Commission granted approval for the project to move forward; however, the project was not funded to the level that was approved in 2009. The original budgeted amount was $2,400,000. As a result of the lower funding level, the plans were modified to reduce the scope of work for the base bid and to include five "Add Alternates". The Add Alternates would allow elements of the park to be added (i.e. play areas, seating areas, various small play equipment, decorative bridges) as funding becomes available in the future. 90 of 432 As part of the June 15, 2010 discussion, the Commission authorized the use of any project savings from both the Jaycee Park CIP Project and the Oceanfront Park CIP Project to fund the Congress Avenue Barrier Free Park project. The Commission authorized the use of up to $90,000 from the Jaycee Park project (anticipated savings at that time) and up to $400,000 from the Oceanfront Park project. The Jaycee Park Project is complete. The savings was greater than anticipated ($185,000 vs. $90,000). The Oceanfront Park project is 99% complete. Staff has identified $250,000 in savings to date. However, until all pay requests are closed out, a final number cannot yet be determined. In regards to the Oceanfront project, the City has placed Miller Legg (design consultant) on notice that we will seek reimbursement from their Errors & Omissions Insurance due to errors made on the project plans. Items were omitted from the plans which caused approximately $134,000 in change orders, some of which we anticipate reimbursement. Request (#1): A budget amendment is necessary to transfer the funds into the Congress Avenue Barrier Free Park project budget. Staff seeks authorization to transfer $185,000 from the Jaycee Park Project and $250,000 from the Oceanfront project, plus any additional savings that are identified at the closeout of the Oceanfront project (not to exceed the $400K originally authorized). The project budget is outlined below. Congress Avenue Barrier Free Park -Phase 1 Expenses: Project Base Bid (to award at this time) $ 1,412,366 10% Contingent3141,236 TOTAL authorization to expend $ 1,553,602 Estimated Revenues/Resources Land and Water Conservation Grant 200,000 Palm Beach CountA- Grant 150,000 Part Impact Fee Fund (PIF) 870,000 Oceanfront Park Savings (PIF) 250,000 Jaycee Boardwalk Savings (PIF) 185,000 TOTAL estimated revenues/resources $1,65,,000 Estimated Resources in excess of $ 101,398 authority to expend 91 of 432 Request #2: On December 7, 2010, Procurement received and opened seven (7) Bid Proposals for construction of the project. The three lowest base bids were: Cantractnr Rase Rid West Construction, Inc. $1,412,366.00 ENCO, LLC 1,503,120.37 The Collage Companies 1,554,700.00 Staff reviewed the Bid Proposals and recommends awarding the contract to West Construction Inc. (base bid only) West Construction, Inc. was the contractor for Wilson Park, Jaycee Park and the Barton and Palmetto Greenways. Their work was satisfactory on all projects. As the Commission recalls, the Greater Boynton Beach Foundation has identified the Congress Avenue Barrier Free Park Project as its Inaugural Capital Campaign Project and has established a fundraising goal of $500,000 to assist the City with the completion of Phase I. The Capital Campaign is currently underway. The five add alternates total approximately $576,000. We anticipate the Foundation's capital fundraising will support the majority of this. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Construction of the park will provide children and adults of all abilities the opportunity to laugh, play, grow and learn together in a barrier free environment. FISCAL IMPACT: Contingent on budget amendments/transfers, CIP funding will be available in Account # 302-4298-580-63-05 CP 0617 — Congress Avenue Barrier Free Park. ALTERNATIVES: Not award the bid; modify the budget amendment. 92 of 432 IR=13Kim Y[13120;ire A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011 BY TRANSFERRING 5185,000.00 FROM THE JAYCEE PARK CIP PROJECT AND 5250,000.00 FROM THE OCEANFRONT BOARDWALK CIP PROJECT FOR A TOTAL TRANSFER OF 5435,000.00 TO THE CONGRESS AVENUE BARRIER FREE PARK PROJECT; AUTHORIZING ADDITIONAL SAVINGS, IF AVAILABLE, FROM THE OCEANFRONT BOARDWALK PROJECT IN AN AMOUNT NOT TO EXCEED 54000,000.00 PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a final budget was approved by the City Commission on September 27, 2010, for the 2010/11 fiscal vear: and WHEREAS, the Citv Commission authorized the use of any project savings from both Jaycee Park CII' Project and the Oceanfront Park CII' Project to fund the Congress Avenue Barrier Free Park project, and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the transfer of $185,000.00 from the Javicee Park CII' Project and $250,000.00 from the Oceanfront Boardwalk CIP Project for a total transfer of $435,000.00 for the construction of the Congress Avenue Barrier -Free Park Proj ect. 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, 2010, and ending September 30, 2011, is hereby amended by providing for a transfer of $185,000.00 from the Javicee Park CII' Project and $250,000.00 from the Oceanfront Boardwalk CII' Project for a total transfer of $435,000.00 for the construction of the Congress Avenue Barrier Free Park Project. Section 3. All delinquent tales 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. All Resolution or parts of Resolution in conflict herewith are hereby repealed to the extent of such conflict. PASSED AND ADOPTED this day of February, 2011. 93 of 432 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jose Rodriguez Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay ATTEST: Commissioner — Steven Holzman Janet M. Prainito, MMC City Clerk (Corporate Seal) 94 of 432 RESOLUTION NO. R11 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A CONTRACT FOR BID #004-2730- 11/CJD WITH WEST CONSTRUCTION, INC., OF LAKE WORTH FOR CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PARK IN THE AMOUNT OF 51,412,366.00 WITH A 10% CONTINGENCY OF 5141,236.00 FOR A TOTAL OF 51,553,602.00; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, seven (7) proposals were received and opened by Procurement Services on December 7, 2010, for the construction of Congress Avenue Barrier Free Park; and WHEREAS, staff is recommending the award to West Construction, Inc., as the lowest, 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 interests of the residents and citizens of the City of Boynton Beach to approve the contract and authorize the City Manager to execute the contract with West Construction, Inc., for the construction of the Congress Avenue Barrier Free Park. 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 of contract for Bid #004-2730-11/CJD to West Construction, Inc., for the construction of the Congress Avenue Barrier Free Park. Section 3. The City Manager is authorized to execute a contract in the amount of $1,412,366.00 with a 10% contingency of $141,236.00 for a total of $1,553,602.00, a copy of the Contract is attached hereto and made a part hereof as Exhibit "A". Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of Febivarv, 2011. 95 of 432 I_r81wI Janet M. Prainito, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jose Rodriguez Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay Commissioner — Steven Holzman 96 of 432 BID TITLE: NAME OF BID CONSTRUCTION OF CONGRESS AVE. BARRIER FREE PARK BID NUMBER: 004-2730-1 L/C.ID PROJECT NUMBER: CP0617 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this _ day of _ 20__, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CIFY" or "OWNER" and West Construction Company, Inc. a Florida Corporation (_X_) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WITNESSETH 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 referred to as: CONSTRUCTION OF CONGRESS AVE. BARRIER FREE PARK WHEREAS, CONTRACTOR, in compliance with the bidding requirements announced by the City, submitted a bid on the 7th day of December, 2011, for the total bid amount of $1,412,366.00; and, WHEREAS, On the 1st day of February, 2011, the City Commission designated CONTRACTOR as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 275 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 97 of 432 1. AGREEMENT 1. 1. The Parties agree that: I.I.I.-The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2.The CITY hereby hires the CONTRACTOR to provide construction services for completion of the Project. 1.1.3.The CONTRACTOR hereby accepts this Contract and agrees to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. CONTRACTOR is an independent contractor as that term is set forth in the General Conditions for Construction GC -2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents, exclusive of the Additive Alternates. 2.2. The "Contract Documents" are the compilation of the following individual documents which are hereby not listed in any order of precedence. 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) — all references to `GC" shall be to section numbers 2.2.6 Special Conditions for City Furnished Materials 2.2.7 Terns and Conditions for Cite Furnished Materials 2.2.8 Construction Contract 2.2.9 Certificate of Insurance 2.2.10 Public Construction Bond 2.2.11 Technical Specifications 2.2.12 Contract Draivings and Plans 2.2.13 Addenda 2.2.14 Written directives or interpretations 2.2.15 Manufacturers warranties 3. OBLIGATIONS OF CONTRACTOR 98 of 432 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract. All of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.2.1. Comply with provisions in Special Conditions and Terms and Conditions for City Furnished Materials. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or subcontractor's supplying of material to contractor and shall maintain records to establish such notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC -24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. 3.1.6. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. Pay promptly, before final settlement, any and all claims or liens 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 that may have been used or worked on by the CONTRACTOR in connection with the project promptly from streets, alleys, parkways and adjacent property 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, Florida. 3.1.10. Obtain 1ATitten approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3.1.12. Provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) dans of the Award of the Project. 99 of 432 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at CONTRACTOR'S own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. Ewe I1AUYI1.110U .10MIMI 4.1. The City shall provide a 1ATitten Notice to Proceed at the time of the scheduled Pre - Construction Meeting. 4.2. The City shall make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, the City shall provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract within ten (10) calendar days of the Commencement Date specified in the 1ATitten "Notice to Proceed," and to achieve Substantial Completion without interruption within 275 calendar days thereafter. 5.2. With respect to this Contract, time is of the essence. In the event the CONTRACTOR shall fail to: (1) timely commence the work following Notice to Proceed or (2) 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, for liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. 5.3. CONTRACTOR shall notify the Project Engineer in 1ATiting of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any subcontractor that CITY mat, within a reasonable time, object to as incompetent or as unfit. 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR agrees to pay 52,500.00 per day as liquidated damages, for failure to begin within ten (10) dans of CITY's issuance of the "Notice to Proceed" or failure to achieve Substantial Completion within 275 calendar days from the Commencement Date as indicated in the 1ATitten "Notice to Proceed". The CITY shall have the right to deduct such liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Suretv. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be 100 of 432 corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC -50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROTECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend 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 and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification requited pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of anv insurance proceeds available to either the CITY or the CONTRACTOR. 101 of 432 M7M'U/1312111-'1VQY111 9.1. The CITY agrees to pays the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. At the City's discretion, the City may make direct purchases of any materials and equipment purchased for, or to be incorporated into the Project, as determined by the City. 10.2 The City reserves the right to expand the scope of work in include one or more of the Additive Alternates in which case Contractor shall perform such additional work for the price set forth in Contractor's bid submission. Separate time for performance of the Additive Alternates shall be established by the Project Manager. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS All such work shall be executed under the conditions 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 authorized 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 document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. If the Contractor adds such language, the Project Manager shall secure specific written authorization from the City Manager's office before executing the Field Change Directive or Change Order. 10.2 Change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Landscape Architect ("Landscape Architect") is Bruce Hall, AECOM. GRESS AVENUE BARRIER FREE PARK. CONSTRUCTION OF CON 11.2. The Landscape Architect shall have general supeii-ision and direction of the work. The 102 of 432 Landscape Architect 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 lie shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Landscape Architect is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Landscape Architect 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 documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the Project Manager. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction, technical specifications, and finally by the balance of the Contract Document. 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of anv delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of anv other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT 103 of 432 CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for 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 of time to complete the work shall be made in accordance with the General Conditions for Construction GC -23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC -18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. 104 of 432 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has e-xecuted these presence the day and year herein before 1ATitten. Signed, sealed and witnessed in the presence of: Attest: City Clerk Signed, sealed and witnessed in the presence of: State of Florida County of Palm Beach CITY OF BOYNTON BEACH, FLORIDA City Manager Approved as to Form: Cite Attorney WEST CONSTRUCTION COMPANY, INC. ss: President or Vice President Attest as to CONTRACTOR On this _ day of 20_, personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced __ as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. My Commission E-xpires: Notary Public 105 of 432 106 of 432 n 0 z Gi m co m z G m n m X m M m m 'O n ;a 7s _ uj C A D D D ➢ D D o 0 o m W W W rn m W 0 7u co G1 ➢ m m m m m m N O p p Z 0 z o A z o z z z z z z w z z z p C U) 0 c° O p 1 D � O1 D --1 D --f D D ➢ D O O O O A y o m m 0 -i '� r p C p D z0 D Z Z m z m z m Z m z z z z N D o i Cl) 0 0 0 0 0 0 0 0 0 m m Z W n 0 (T A W N N W N p N �l CD C n C W ,. Cl) cn (n m s W ;6 2 -moi O Co 0] W 0 U) 4 pcoC7 0 -1 -i (7 m U) v m p W _0 m D m m O .'imi m p mp D n> o 0 n o o N W A m { U) D{ { m N o o .� (T m Cali A m cN° { -<m z o p C Cf) U) tmi> N m Wo 0 0 0 0 0 0 o N w U) 3 F co p a s� y� o� "o O ? � A � N W O ➢ { { Z { m { m { n V (1� � � m m a y Z o< m � �. U) M C U) 3 V 3 0o a> A m O o O 0 JO 0 v o to CO m' CO o 5 r o n a 3 Z� m 0 o 0 0 0 0 0 0 0 0 0 o p r m n •jtD. °� O D a 4 W b TI ,Z7 U) M1 O � -i cn m 4 m mo m m m D W Vo V J { { { `. O 0 0 m m U! U) co co W W O 0 N m U) m w m U) y = a p r A j m < n m Z n 106 of 432 n 0 z Gi m co m z G m n m X m M m m 'O n ;a 7s / \/\(/\\//)\/ \ / [) MZ E; < n;=r<,;zzzz! ® - g )%j2j\j?;W \ , ( �0(\ 0G)0 0 �\��@) `/22 \ - - )� / { \\0 0 ( �� k\\ -M ) K�C) � \ > � /o}m`Mk \ 3 ( q\ \\ 03) §\( \ / \ \\m m} ` / ( \ j § }/ ) 0 ! g ! ) < «\� 3 > �� °\ �� @43 z [/\§\z § \/} ~ / )/ \CL \ ) jo ( m \ \�) §7/ ) co cn j \ cn ; ri 3 \ z2�z/ ` { ({}« �CDz G !(7l of 432 0 § ■ k n m / m O Q m m D c m m A m m m D C A C m N p zoo M x y r M Z w INTI m z p m A N m n p z m c m p O S m C7 Z C m ❑ N o Co ❑ O Z ❑ m p p m A O y m D m m m m w O C A - 'O- L m r p D m C m N O A D Z O O -1 D r m A 7_ n MM z O ➢ m A Z a z C D m A Z D m z O D m 7 Z m z O W D m A Z m z O _ N D D -i A Z -Di m z O m D N m m o D O ❑ m Z u z O UJ o D p O m Z oC z O (n -moi o D p ❑ m Z c z O N ` a < m— 2 0. N W W W p 0 0 o m m A W m N 3 -d m W m n n :9 m 0 3 W No 0 S >_ O � m D Z O O o A A m Z N - - - W W A ___-� � A m m m U m m C D z N o O 'D~j m m m= G O a s w w m c N ✓, m a rn � N cn cn ., � n ➢ �' 1 N O O O � S w m m m m a, v O m m m o' m a � m n { m { m m { Z{ I m { m { m O N W W W USI, o o m m m �- - o (I! ;n N m Z O m n m t � S c 4 n { 0 { 0 { (n Z{ C N U) NN m co W o o m N m N m N c- -i� z, a' x A o O O fn K � � m m m m D mm m m00 m ti _� N N m �A m m m _ O O z 108 of 432 109 of 432 0 j \ k 0 0 0 ) k 2 / ca ƒ ;0 X �0io)/(�§§`< „/gm@ \ ) <m,,. §2Be - _ u{)/2)// [ @ `\27 j}�0 0fit\:@/ ; [ )x / ( >(\, \ \ \\\( �\ }}§< =\ { _ § ` ) \ ( ) ) $ \ ) ) } 2( : 5 \-RZ \0 jf ) /// / § }\§\\: 7! \ ;6k- :j / \( \ \) ®% 2 y2) }- \ / / ) ) /\\ / / \\\\\ �} jD 2m\ / b co 109 of 432 0 j \ k 0 0 0 ) k 2 / ca ƒ ;0 X BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 B. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: October 21, 2010 Bid Title: CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PARK Bid Number: #004-2730-1I/C.Il7 Bid Received By: DECEMBER 7, 2010, 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: DECEMBER 7, 2010, 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: West Construct, -on Inc. Federal I.D. Number: 59-1809068 A Corporation of the State of: Florida Area Code: (5 61) Telephone Number: 588-2027 Area Code: (5 61) FAX Number: 582-9419 Mailing Address: 318 South Dixie Highway, Suite 4-5 City/State/zip: Lake Worth, Florida 33460 Vendor Mailing Date: N/A i Authorized .sitdmature Martha A. Morgan, President Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL BA -1 110 of 432 111 of 432 F, 5 Z 0 Pa C..) 71 z z oU f--! 0 00 `3 L4 Lt �;j w Ln C6�¢ W ge C'O 1z; 111 of 432 F, 112 of 432 FTT x x x x xx x T-- Z 4 ti Ei 0o > u > > m z 1p z Los; VI P C'n cc cc C', m 112 of 432 n I A D D E N D A CITY OF BOYNTON BEACH, FLORIDA BTD TTTLF: CONSTRUCTION OF CONGRESS AVE, BARRIER FREE PARK BIDDER: West Construction Inc. DATE SUBMITTED; 12 / 0 7 / 10 We propose and agree, i C this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contact documents. Having studied the documents prepared by: CONSTRUCTION Of CONGRESS AVE. BARRIER FREE PARK AECOM —BRUCE HALL (Name of Project Manager/Architcot/Consultant) and having examined the project site (when indicated in these 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 NO. DATE ADDENDQM NO. DATE Addendum 1 IC/27/10 Addendum 2 Addendum 3 12/02/110 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE V0 BE CONSIDERED COMPLETE AND ACCEPTABLE A-1 113 of 432 The City of Boynton Beach Procurement Services 100 E. Baynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 PAX, (561) 742-6316 ADDENDUM 41 DATE: October 27, 2010 BIT) TITLE: `BID "CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PARK" 131D NUMBER: #004-2730-1 VCJD The following changes, additions, deletions, and/or information are hereby made a part of the BID for the "CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE, PARK" REVISED BID PROPOSAL PAGES: Attached are the REVISED BID PROPOSAL PACES that must be attached completed and returned with vour bid For technical questions, correspondence and copies of the bid package please contact Bruce Hall through e-mail at bruce.hall(i4mecom.com If you have any questions or require additional infonnation, please call Carol Doppler, CPPB, Purchasing Agent, at (561) 742-6323, Monday through Thursday from 8:00 a.m. to 6:00 p.m., or e-mail dopplerc(a(bbfl.us CITY OF BOYNTON BEACH Carol Doppler, CPPB Purchasing Agent cc: DemandStar Jody Rivers — Superintendent of Parks Central file File 114 of 432 The City of Boynton Beach T nvw, naenr Servtcra 100E Boynton Beach Boulevard P. O. Box 310 Baynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX: (561) 742-63,16 ACKNOWLEDGEMENT OF ADDENDUM #1 "CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PARK" BID #: 004-2730-11/CJD RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM #1" WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE,. NAME OF COMPANY ,Vest Construction Inc. Martha A. Morgan, President PRINT NAME OF REPRESENTATIVE 12/07/10 DATE SIGNATURE OF REPRESENTATYVE aV ,tit, N kt PRINT NAM E 115 of 432 The City of Boynton Beach Praearerneni Services 100 E. Boynton Beach Boulevard A 0. Bar 310 BoyWon Beach, Florida 33415-03/0 Telephone: {561) 742-6310 FAX: (561) 742-6316 ADDENDUM #2 DATE: November 16, 2410 BID TIT E: "CONSTRUCTION OF CONGRESS AVE. BARRIER FREE PARK" BID NUMBER: #004-2730-111CJD The following changes, additions, deletions, andior information are hereby made a part of the BID for the "CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PARK" REVISED BID PROPOSAL PAGES:(Second Revision) Attached are the REVISED BID PROPOSAL PAGES (second Revision) that must be attached, ceonuleted and returned with your bid Attached is the Geotechnical Retort for Congress Ave Barrier Free Park If you have any questions or require additional information, please call Carol Doppler, CPPB, Purchasing Agent, at (561) 742-6323, Monday through Thursday from 8:00 a,m, to 6:00 p.m., or e-mail daonlerc ubbfl.us CITY OF BOYNTON BEACH Carol Doppler, CPPB Purchasing Agent cc: DemandStar Jody Rivers — Parks Superintendent Central File File 116 of 432 The City of Boynton Beach N.CummeneServices 100 E. Bo you Beach Boulevard F. 0.B-10 h ,la., Beach, Floridad33425 0310 Telephone: (561) 742-6310 FAX, (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM #2 "CONSTRUCTION OF CONGRESS AVE. BARRIER FREE PARK" BTD #: 004-2730-11/CTD RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM #2" WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NAME OF COMPANY West Construction enc. _Martha. A. Morgan, President PRINT NAME OF REPRESENTATIVE SIGNATt PRESENTATIVE 12/07/10 DATE PRINT NAME 117 of 432 REVISED BID PROPSAL #3 12/2/10 The City of Boynton Beach Procurement Services 100 F. Boynton Beach Boulevard R O. Box 310 Boynton 8eaah, Florida 33425-0310 Telephone: (561) 742-6310 FAX.. (561) 742-6316 ADDENDUM #3 DATE: December 2, 2010 BID TITLE: "BID "CONSTRUCTION OF CONGRESS AVENUE. BARRIER FREE PARK" BID NUMBER: 9004-2730-11/01) he following changes, additions, deletions, and/or information are hereby made a part of the BID for the "CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PARK" REVISED BID PROPOSAL 03 dated 12/2/10 Attached are the REVISED BID PROPOSAL #3 dated 12/2/10 that must be attached completed and returned with your bid. NOTE: Attached are the responses to RFI No. 1 and No 2 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP -1 118 of 432 0 The City of Boynton Beach ACKNOWLEDGEMENT OF ADDENDUM 0 "CONSTRUCTION OF CONGRESS AVENUE BARRIER FRET: PARK" BIO 4: 004-2730-1 1,/CJD RESI'ONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM #3" WITH BID PACKAGE, IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NAME OF COMPANY West Construction Inc. Martha A. Morgan, President y /.n -P-RI NT NAME OF REPRESENTATIVE SIGNATURE OF REPRESS,T-tATIVE ,,f� h I2/07/10 t�'4t v ft, �.Ti z w'i DA'I"E PRINT NAME, 119 of 432 Procurement Services 100 E. Bovnton Beach Boulevard EO.Box310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX: (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM 0 "CONSTRUCTION OF CONGRESS AVENUE BARRIER FRET: PARK" BIO 4: 004-2730-1 1,/CJD RESI'ONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM #3" WITH BID PACKAGE, IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NAME OF COMPANY West Construction Inc. Martha A. Morgan, President y /.n -P-RI NT NAME OF REPRESENTATIVE SIGNATURE OF REPRESS,T-tATIVE ,,f� h I2/07/10 t�'4t v ft, �.Ti z w'i DA'I"E PRINT NAME, 119 of 432 REVISED BE) PROPSAL 43 12(2/10 BID PROPOSAL: CONGRESS AVENUE BARRIER FREE PARK The Bidder agrees to accept as full payment for the: CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PARK BID 004-2730-II/M Scone of Work, Base Bid: Bidder will corrrplcic the Work in accordance with the Contract Documents for the following price. This LUMP SUNT BID PRICE FOR BASE BID includes the scope of all Work shown on the plans and described within the specifications. LUMP SUM BID PRICE FOR BASE BID $ 1,412,366.00 Cne million four hundred twelve thousand three hundred sixty-six Dollars and _ zero Cents (amount written in words has precedence) Scope o1' Work, Additive Alternate No 1: Bidder will complete the Work in accordance with the Contract Documents for the following price. This ADDITIVE ALTERNATE NO. 1 price includes the upgrade of Wall `A' to a sign wall with up -fighting, to be designed by the City (See Detail 3/1 -TS -17) and die items identified and described as the Settlement Area on Sheet ALT -00, the drawing set and within the specifications. LUMP SUM BID PRICE FOR ADD. ALT. NO. I S 452,895.00 Four hundred fifty-two thousand eig-it hundred ninety-five Dollars and _ zero Cents (amount written in words has precedence) Scope of Work. Additive Alternate No 2 (includes Plant List 2A landscape and related irrieation)• Bidder will complete the Work in accordance with. the Contract Documents for the following price. This ADDITIVE ALTERNATE NO, 2 price includes the items identified and described as the Seating Area on Sheet ALT -00, the drawing set and within the specifications. LUMP SUM BID PRICE FOR ADD. ALT. NO.2 S 37,520.00 Thirty-seven thousand five hundred twenty Dollars and zero _ Cents (amount written in words has precedence) Scope of EVork, Additive Alternate No 2B• Bidder will complete the Work in accordance with the Contract Documents for the following price. This ADDITIVE ALTERNATE NO. 2B price includes the landscape and related irrigation in Plant List 2B, LUMP SUM BID PRICE FOR ADD. ALT. NO.2 S 5,045.00 Five hundred forty-five Dollars and zero _ _ Cents (amount written in words has precedence) THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP -2 120 of 432 REVISED BID PROPSAL 0 12!2.10 Scone of Work, Additive Alternate No. 3: Bidder will complete the Work in accordance with the Contract Documents for the following price. This ADDITIVE ALTERNATE NO. 3 price includes the items identified and described as Bridne A and Bridge B on Sheet ALT -00, the drawing set and within the specifications. LUMP SUIT BID PRICE FOR ADD. ALT. NO.3 $ 12 , 74 0 . C 0 Twelve thousand seven hundred forty Dollars _._... __ and zero Cents (amount written in words has precedence) Scope of Work. Additive Alternate No. 4: Bidder will complete the Work in accordance with the Contract Documents for the following price. This ADDITIVE ALTERNATE NO. 4 price includes the items identified and described as the Trail Aggregate Walk on Sheet ALT -00, the drawing set and within the specifications. LUMP SUM BID PRICE FOR ADD. ALT. NO. 4 Fifteen thousand four hundred sixty-five (amount written in words has precedence) $ 15,465.00 _,"Dollars Cents Scope of Work, Additive Alternate No 5• Bidder will complete the Work in accordance with the Contract Documents for the following price. This ADDITIVE ALTERNATE NO. 5price includes the items identified mud described as the Tree House Play Structure on Sheet ALT -00, the drawing set and within the specifications. LUMP SUM BID PRICE FOR ADD. ALT, NO. 5 $ 52,469.00 Fifty-two thousand four hundred sixty-nine Dollars urd zero Cents (amount written in words has precedence) GRAND TOTAL (Base Bid and Additive Alternate No.s 1, 2, 3, 4 & 5) $ 1, 9 8 8, 5 0 0 . 0 0 One million nine hundred eighty-eight thousand five hundred Dollars and zero Cents (amount written in words has precedence) THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP -3 121 of 432 REVISED BID PROPS -AL 43 12/2/10 SUPPLEMENTAL UNIT PRICES 1. The Owner reserves the right to purchase or furnish selected materials, 2. the Owner also reserves the right to install selected materials, in which case the Contractor shall remain responsible for coordination/scheduling with the Owner on said materials. 3. If the Owner elects to authorize extra work or changes in the work, the unit prices quoted below by the Contractor shall apply and shall be the basis of any Change Order. 4. The Owner reserves the right to add or deduct any work and material at their sole discretion and shall establish extra costs or credits based on the Contractor's unit prices quoted. 5. `Material costs' shall include material and delivery to the site only; exclusive of any other materials needed for installation. 6. `Instillation costs' shall include all required for installation, including but not limited to product storage, signed and scaled engineering drawings, supplies, and labor and materials. 7. Numbers, notes, or abbreviations within `description' refer to finish schedule items, legends, or symbols/abbreviations as listed within the Contract Documents, BP -4 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE. TO BE CONSIDERED COMPLETE AND ACCEPTABLE 122 of 432 INSTALLATION ITEM DESCRIPTION MATERIAL COST NO COST 1. Bench (Dl EA $599.50 $165.00 2. Picnic Table(El) EA 1 $922.90 $147.40 3. Pavilion Picnic Table (F 1)EA $940 .50 $150.70 Trash Receptacle (Gl) with liner and concrete TA -1 4 ad $594.00 84.73 5. Bike Rack H1 EA $121.00 $18 . 70 Water Fountain (11), free-standing with EA Concrete pad, drainage pipe and sump, & 100 6 LF Pi econnection $2,475.00 $1,375.00 7. Movable Table (JI) EA $634.70 $102.30 8. Movable Chairs (K1) EA $291.50 $46.20 9. Market Umbrella with Stand (L1&M1) EA $418.00 $33.00 10. Site Lighting, Li ht tvpe`A" I EA $3,528.80 8550.00 11. Site Lighting, Light type 'B' EA $4,493.50 $550.00 12. Site Lighting, Lighttype`C' EA $486.201 5220.00 13. Site Lighting, Light type `D' EA $269.50 $220.00 14. SiteLiahtin ,Li ht . e`E. EA $590.70 $220.00 15. Site Lighting, Li httype`G' EA $643.50 $220.00 16. Restroom Pavilion Pre -Engineered Cano EA $48,271.66; $4,827.17 -- 17. Picnic Shelter Pre -En m�ered Cano v g ` redCar p LA $. 29, 720.96 - $2, 972.10 18. --__. Poured -in-place play surfacing (A1) - ... SF $4.40 $6.60 19. Poured -in-place mulch play surfacing Cl SF $6.60 $ 8 . 60 Play Turfsurfacing(B1) SF $4.40 $6.6D i yE ui ment,SettlementStructure N1 EA 176,074.80 $38,735.4D Play Equipment, EVOS Structure O1 EA $53 , 825.20 51'_ , 841.50 BP -4 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE. TO BE CONSIDERED COMPLETE AND ACCEPTABLE 122 of 432 REVISED BID PROPSAL 0 12/2/10 ITEM NO DESCRIPTION MATERIAL COST INSTALLATION COST 23. Play E ui ment, Home/Ocean Structure P I) EA $28,589.00 $5, 717. 80 24. Plav-Equipment, Wiggle Walk (QI) EA j $1, 81S.00 $363 . 00 25. 26. Play Equipment, CuvedBalanceBeam(RI) Play Equipment, Double Bay Arch Swings (SI) With (2) Molded Bucket Seats (TI) and (2) Slash ProofBelt Seats NJ) E EA j $682.00 $S,942.20 $169.40 $1,306.80 27. Play Equipment, Saddle Sitmer(VI) EA $1, 006.50 $242.00 28. Play Equipment, Orbital Spinner 2 (WI) EA $3,703 .70 $910 . 80 29 Play Equipment, Sway Fun (XI) with Bridge/Ramp EA 833,102.30 $7,282.00 30. Play Equipment, Toddler Swing (Yl) with 2) Molded Bucket Seats (TI) EA $1,551.00 $341.00 3L Play Equipment, Tire Swin.- (Z 1) EA $3,360.50 $739.20 32. Settlement Structure NI EA I Included in Item #21 33. Tree House A3 EA 1 $47,752.2-0 $10,505.00 _ 4 35. EEVOS Equipment Shade Structure Sway Fun Equipment Shade Structure EA hk $33,639.10 $11,808.50 $10, 326.80 17 0. 00 36. Settlement Equipment ShadeStructure EA $63,888.00 --.$5, $34,831.50 37. Gravel of bioswale SY $14=_7S $29.49 38. Decom osedGranite SY $57.42 $11.28 39. Concrete Walkways 4" SF $1.38 $1.38 40, Bahia sod SF $0.17 $0,06 41. Bahia seed Sh_ $0.06 $0. U2 42. Pond liner ofnewstoemwater pond LS $11,000.00 $16,500.00 43. Public Art LS NIC NIC BP -5 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 123 of 432 REVISED BID PROPSAL #3 12/2/10 The undersigned bidder agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" and shall achieve Substantial Completion without interruption within 275 calendar days thereafter. X Original and four (4) copies of bid submitted. X Attached is a computer generated horizontal bar chart showing proposed schedule of work. X Schedule of Subcontractors submitted. X Site Inspection Form submitted. X . Evidence of possession of required 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 drawings. 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 examined himself as 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 completion thereof, 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. BP -6 THIS PAGE TO BE SLBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 124 of 432 REVISED BID PROPSAL 43 12121/10 If you have any questions or require additional information, please call Carol Doppler, CPPB, Purchasing Agent, at (561) 742-6323, Monday through Thursday from 8:00 a.m. to 6:00 p.m., or e-mail dopplerc ?a bbfl us CITY OF BOYNTON BEACH Carol Doppler, CPPB Purchasing Agent cc: DemandStar Jody Rivers -- Superintendent of Parks Central File File BP -8 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLE•,TE AND ACCEPTABLE 125 of 432 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTTRN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, end StateofSouth Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Don A Lambert Jr, D Michael Stevens, Individually cf Jupiter, FL, its true end lawful Attorney(9)4-fact with full power and authority hereby conferred to sign, seal and execute for and on i, behalf bond, undertakings and other obligatory instruments of similzrnature - In Unlimited Amounts - and to bind it thereby as Polly and to the same extent as if such instruments were signed by a duly authorized officer of the wrporat,ion end all the acts f,,:d Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed, This Power of Attomey is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof; WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 26th day of November, 2407. r"+ WESTERN SURETY COMPANY �f�st AY.%i 'rM D�p _ Pau[ Bruflal, Senior Vice President State of South Dakota County nfMmmhaha ss On this 26th day of November, 2007, before me personally came Paul T. Bruflat, tome known, who, being by me duly swom, did depose and say: thaz he resides in the City of Sioux Falls, State of Somh Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above imstrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires t+...s...,........r......., i D. KRELL Nevember30,2012 NOTARY PUBLIC /�NO DS Ila t.,,.....,arr.......,,.�.....s. t D. Krell, Notary Public CER'1"1NICATE I, L. Nelson. Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove — fmlh is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof] have hereunto subscribed my name and affixed the seal of the said corporation this 7th _ day of December M WESTERN N909 0 SURETY COMPANY I URIIT � SFA J/ Farm F4760-09-06 Secreta L. Nelson. AssSecretary ' 126 of 432 BID BOND STATE OF FLORIDA ) COUNTY OF PALM BEACH ) KNOW ALL MEN BY THESE PRESENTS, that Nest Construction, Inc. as Principal, and Western Surety CoLipany , as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach in the penal Sum of PI9E PERCENT OF AMOUNT BID-------------------------- Dollars ($�-5---} lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying hid, dated December 07, 70 10 for; CONSTRUCTION OF CONGRESS AVENUE BARRIER FRFF PARK NOW THEREFORE, A. If the principal shall not withdraw said Bid within ninety (40) days atter date of opening of the same, and shall within ten (10) days after the prescribed forms arc presented to him for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. Utilities DePIA111 , BIB - 1 R-kld 10-21-09 127 of 432 B. In the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the principal shall pay the Owner the difference between the amount specified in said 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 Florida Statutes, and any action instituted by a claimant raider 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 parties have executed this instrument under their several seals, this 7th day of December , 2010, being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of is governing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal), PRINCIPAL: West Construction, Inc. Name of Firm NvTTNESS: Secret .6, Signature oCAuthorized Officer (aft seal) Martha A. Morgan, President Title 31.8 South Dixie Hwy. Ste. '4-5 Business Address Lake Worth, FI. 3346E City and State BIB - 2 128 of 432 Revin'3 10.2.1-05 SURETY: Western Surety Company Corporate Surety W711"ss: Attorney -in -Fact (affix seal) D. Michael Stevens, Attorney in Fact 2405 Lucien Way —Business Address Maitland, FL 32751 City and State Collinsworth Alter, Lambert Inc. Name of Local Insurance Agency R-i.d 10-11 -05 BTB -3 129 of 432 CERTIFICATE AS TO CORPORATF PRINCIPAL l Matthew F. West as Principal in the within bond; that certify that T am the Secretary of the Corporation named Martha A. Morgan who signed the said Sid Bond on behalf of the Principal, was then president of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by a Aril of its go�n�ngbody. Sec taffy (corporate seal) STATE OF FLORIDA ) COUNTY OF PALM BEACH ) Before me, a Notary Public duly commissioned, qualified and acting, personally appeared D. Michael Stevens to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the Western Surety Company and that he has been authorized by them to execute the foregoing bond on behalf of the Contractor named therein in favor for the Owner, the City of Boynton Beach. M,as ',IF MY24 ♦ L tllSflti'tft�. 8113 - 4 Revised 10-21-05 130 of 432 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know NI Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organised and existing corporaiinn having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virion of the signature and seal herein affixed hereby make, constitute and appoint Don A Lambert Jr, D Michael Stevens, Individually of fnpher, FL, its ime and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, will and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instniments were signed by a duly aathorized Officer ofthe corporation and all the acts of said Attorney_ pursuer, to the authority hereby given, we hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the P.y-Law printed on the reverse hent( duly adopted, as indicated, by the shareholders ofthe corporation. In Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its r porale seal to be hereto affixed on this 26th day of November. 2007. WESTERN SURETY COMPANY �i�SN7 Paut . Bruflat; Senior Vice President State of South Dakota County of Mamehaha ss On this 26th day of November, 2007, befare me personally came Paul T. Bruflat, to me {sown, who, being by me duly sworn, did depose and say: the; he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTFRN SURETY COMPANY described in and whiGt executed the above instrument; that he knows the seal ofsaid corporation; that the seal affixed to the said instrument is such cnrpotate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the at and deed of said corporation. My cammission expires raaaaaaaaaaaa.aaaaa.aaaaa+ ` D. KRELL November 3020(2 KRSOTARY PUBLICS 4 i SOUTH OAXOTA laaasaaaaaaaaasa��eanaaat D. Knall, No ary Publm CERTIFIGTF ], L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certifi• that the Power of Attorney 1—inabave set forth is still in force, and further certify that the Hy -Law of the ccrporatiou pprimed on the reverse hereof is still in force. In testimony whereof I have hzreunto subscribed th my name end affixed die seal of the said corporation this day ofDecember 2010 WESTERN SURETY COMPANY �tfwo�ea,sq�V= ( 7� Furs F4180.09-06 7— l., Nelson. Assistant Secretary 131 of 432 132 of 432 rd a 4J 0 G.) a 41 U) P4 N rl4 0 C) U 4-4 f) 0 U j 0 0 41 .0 CD I -i m —1 ul rp TI �4 W bi �4 4� rJ 16 < 10 132 of 432 133 of 432 ro O o o� Ger G LJ -cl O ji 4J t4 LO 133 of 432 134 of 432 QJ ro *4 ❑44, N t; c rl -A CJ UOI]OUNJAC U- III 22 ti 4 LJOLI-7 7F7E]7pDF-IEI ELILID :JSVC 134 of 432 135 of 432 o > > V) V3 69 fA Gl3 Ell 65 fa v5 uz u Z u OZ El EA 7� cl 0 135 of 432 136 of 432 ro 0 a) 0 z 00 x z -I F 7 7- 7B , ,� 1-6 > - P, I pq L I I 136 of 432 STATEMENT OF BIDDER'S QUALIFICATIONS Dated at: this 7th day of December 201c Nam; ol'Firru: West Construction Inc. By: (written signature) Name: Martha A. Morgan (printed or typed) Title: President THIS PAGE MUST III? SUBMITTED Rif) IN ORUFR FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Stag -6 R,vwd,07-10,Xw- 137 of 432 BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE: NAME OF BID UlxlileRvel) (e BIDNIJMBER: 004-2730-II/CJD DATE: k1114i1f/L`11 % J/ l,G s an authorized representative of riot Name and Title of Representative,) J � 3 (hereinafter called the bidder) located at P Name o Company) % Su -We 1fS confirms that said Company Address 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 proposal j SIG: ATURE OF COMPANY DATE OF INSPECTION REPRESENTATIVE NAMED ABOVE OWNER'S REPRESENT SIGNATURE FOR MANDATORY ONLY U6)ities D.P.t.-t Bst - t 138 of 432 Revised 04-04-08 NONCOLLUSION AFFIDAVIT OF PRIME DINDER state of Florida ) Countyof. palm Beach ) Martha A. Morgan being first duly sworn, deposes and says that: 1) He is President of West Construction Inc. (Title) (Name of Corporation or Firm) the bidder thatt has 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, kite said bidder nor any of its officers, partners, owners, agents, representatives, crarloyces or parties in interest, hiclucUng this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract 1`or which the attached bid has been submitted or to retrain from bidding in comtection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with tory other bidder, firrn or person to fix the price or prices in the attached bid or of any other bidder, or to fix any ovenccad, profit or cost element of the bid price or the bid price of any outer bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City cf Boynton Beach (Local Public .Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid arc fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties ill interest, including this affiant, (Signed) /l✓1"vtPl_Cy /1 (Title) Martha A. Morgan, President Subscribed and sworn to before me This 7th day of December 2010 My commission expires c/br Vic)/ °ffIIS PAGE TO BF SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGU TO BE CONSIDERED COMPLUTP AND ACCEPTABLE NCA - t 139 of 432 ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA SS COUNTY OF PALM BEACH 1, the undersigned hereby duly sworn, depose and say that no portion of the Sum herein bid Kill be Paid to any employcoq 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 or the corporation. ,By: NAME - SIGNATURE Sworn and subscribed before me this _Vzh day of December 20.10 OTAR PUBLIC, State of Florida at Large AURORAVEGA MY 00MUISMN 4 DI) 936186 EXPIRES: Ncernber 8. 2013 _141,011* 8D,ded Thr. 6,.d9et Nolaq SerA "OFFICIAL NOTARY SEAL" STAMP Printed Information: Martha A. Morgan NAME President TITLE West Construction Inc. COMPANY THIS PAGE TO BE SUBMVFTFD ALONG WITH PROPOSAL 1N ORDER FOR DID PACKAGE TO B.F. CONSIDERED COMPLETE AND ACCEPTABLE AKA- I 140 of 432 CONFIRMATION OF MINORITY OWNED BUSINESS This requested form to be made a part of our files for Future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your Company. Return this fomt with your bid proposal sheet making it an official part of your bid response. Is vour company a Minority Owned Business? X Yes No If Yes, please indicate by an "X" in the appropriate box ( ) AMERICAN INDIAN () ASIAN (} BLACK ( ) HISPANIC (x) WOMEN () OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? 17ES NO X IfYES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB - I 141 of 432 CONFIRMATION OF DRUG-FRF,F WORKPLACE IDENTICAL TLE BTDS Preference shall be given to businesses with drug-frcc workplace programs. Whenever two or more bilis 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 oertiCes that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tic bids will be Followed if none of the tied vendors have a drug-free workplace program. To order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful nianufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than S days after such conviction. S) Impose a sanction on, or require the satisfactory participation in a drag abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. Cr) 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 e L*t"4g*&jW rlies fully with the above requirements. r Vendor's Signature Martha A. Morgan, President 12/07/10 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW-1 142 of 432 SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O,S.II.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 duration of the Contract (attach to the back oCthis form). 2, The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration orthe Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A, or the State. As the person authorized to sign the statement, I Certify that this firm complies fully with the above requirements. WEST CO', x'i"Riiti;Ti1'10N,dam°. f/y%9 ld AUTHORIZED SIGNATUi Martha A. Morgan, President 12/07/10 THIS PACE TO BE 5 UBAUTTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED CO.I1fPLETE AND ACCEPTABLE' SPC. t 143 of 432 144 of 432 Zi p O G C cliO N G O U1 G O G r' � E a N m of ry w, Q�Sl G � N Pa i' � W t�0 w FTI u UU �I O U Fra Sa rd -H t5i l bi td Ul rl 1a [J j pifd U U a H a srDw N Ln U o to u] N 0 rd I- u a) 75 I17 -U 7J 4" U rd r%1 d U U1 H rl N r -I is a C� CL f+1rl rl p u U7 L'7 H �N� dw - u L dw Q uL,) W U N ''-I -7 L .IJ i71 Cd p u u F. uu.r Ij u F.I -A J m �u '� m rd is r� iJ m r � o� �� o 0 0 d o 0, ria ii x�Y N' c)" w' m N ,-� °^ � to r4 UHC -j N ,-I O O U o G N ,x' to w N r C to l(l x N o 144 of 432 TRENCIT SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S,1926.650, as Florida's own standards. The Proposer, by virtue of his signature below, afflrrn6 that he is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and his subcontractors. The proposer is also obligated to identify his anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT WCtTJDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL DID PRICE ARE COSTS FOR COMPLYjNiG WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH, BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. West Construction Inc. Name of Proposer Authorized Signature ofProposer ✓ Martha A. Morgan, President 12/07/10 *COMPLETION REQUIRES PROPOSERS '110 FILL IN THE APPROPRIATE DETAILS 1,- DER THE FOLLOWING HEADINGS: Deseription Unit Quantity Unit Price Extended Price Method Underground LF --'550 $5.00 $7,750.00 Sio-oed_ utilities THIS PACE TO HE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR 811) PACKAGE TO BE CONSIDERED COMPLETE AICD ACCEPTABLE TSA - I 145 of 432 Congress Avenue Barrier Free Park City Of Boynton Beach Bid No. 004-2730-1 I/CJD 146 of 432 Congress Avenue Barrier Free Park City of Boynton Beach Bid No. 004-2730-11 /CJD 147 of 432 MONTFLANSFERABLE City of Lake Worth Cityof Lake Werth 900 2rd Avenue North Business Tax Receipt 2010-2011 Lek. Werth, =I-ldo 33161 BUSINESS NUIMBEH- BUSINESS NAMt 0013963 BUSINESS ;DDRESI-; WEST CONSTRUCTION INC 318 S DOCIE. HWY 4, LAKE WORTH FL 33460 LICENSE NUMBER CLASSIFICATION DSSCRJP`fl0W 11-00024966 90.B28 BUSINESS OFFICE GENERAL EXPIRES SEPTEMBER 30th 2011 Congress Avenue Barrier Free Park City of Boynton Beach Bid No. 004-2730-11 /CJD 147 of 432 EV ACORD CERTIFICATE OF LIABILITY INSURANCE F --T-117= I )776-9001 FAX -05-45-1Y4—Z7-6730 Collinsworth, Alter, Lambert, Inc, 23 Eganfus Street kee Sunt' 102 I --.— —TAIS CFATIPICATE 18 ISSUED AS A Mk ER W6MATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CATE DOM NOT AMEND, EXTEND OR 10% -X ALTER ',T1IS)VCfERRAT,1GFE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 0 a �,R_ Amar�jsum tual Ins Co Jupiter, FL 33477 w—D West ConstrRct-To—n7-fNc,--- — 319 South Dixie Highway uite 4-5 LakeWorth, FL 33460-au,v— — aarlo,08. Travelers Property & Cas Co AC American GuAranIII Liab tee -Mij THE POLIC 198 OF MURANCE WSTED BELOW HAVE "EN Issueb TO THE INOORSO NAMED FOR THE POLICY PERICIO INDICATED. NOTV"TANDING 'REISWPECT ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT ON OTHER DOCUMENT VdT4,4 TO WHICH THIS CERTIFICATE MAY INC *WW OR MAY PERTAIN, POLICIES. A FaDILD 31W�E POLICIES DESCRIBED HEREIN IS SURA THE ULFILANCESHOWN AGR REBATE 0 MAYI K ffeEWf�DU%%8YPAOCAAJM$ CT TO AL1. THE TERMS, EXCLUSIONS AND CONDITIONS OF DUCH I'MTE J�F 01/01/2 110 BAT 01/01/2011 G 020377 1 E00, 00 CLNINE— GTHe —.1 3-5-U—N)a --a FT1 a 5,00 A X XCU Contractual ros0--AMY I I 099 00 87;a �Form PD -0, �Gxw a 2 goo 0 -- I U " — W=&-00LIP:X.. 1 # 2.00D 00. ro— X P gT LoC —09ItEDA— CA1299929 01/01/2010 01/01/2011 X xw A .—a -- a X HmED.— �RrV amu. a —a EAAM ANYMM Ass 1 01/01/2oi0 0I -H oc�ft- X mc- AGGnenATc, a 5,000,0 C .—TmM X TORY arcs amB-: —N-ap. eaPLorma .LaAmTun --iK2841574 ---- OITIJI1201() g- 1/01/201-1 A YIN hNY OFYtCEwME .0rqW11R IE EL F.CHACCMMT Is axHEe le'ted/teased Equip. IM081095082 01/01/2010 01/01/3031 Deductible $10M 50,000 any one SCHEDULED EQUIFM $SOQO Wind/Rail Deductible tem X09 4300 a -. LLFIIT $792,31;. For Trailers CERTIFICATE HOLDER CANCELLATION —U-1--ae to THE EXPIRATION ®ATO THIm—,TH. ftO. INS.— —IEA -11 T.— 30 —a— For proposal purposes MYCE TO T"m—r'.. I—TO.—HAUL YWN0UPQNVHEWSIJMnrTA-NT809 % -1 01988-2008 ACORD CORPORATION. AM rights reserved. The ACORD name and 1080 are raglst0n)d marks of ACORD Congress Avenue Barrier Free Park City of Boynton Beach Bid No. 004-2730-11/CJD 148 of 432 State of Florida Department of State I certify from the records of this office that WEST CONSTRUCTION, INC. is a corporation organized under the laws of the State of Florida, filed on December Ib, 1977. The document number of this corporation is 555487. I further certify that said corporation has paid all fees due this office through December 31, 2010, that its most recent annual report was filed on January 4, 2010, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Congress Avenue Barrier Free Park City of Boynton Beach Bid No. 004-2730-11/CJD Given under my hand and the Great Sail of Florida, at Tallahassee, the Capital, this the Fifth day of January, 2010 t Secretary of State Authentication M; 200164141362-010510-555487 To authenticate this—(,iftcate,visit the following site, enter this ID, and then follow the inunctions displayed. https://efile.sunbiz.org/certauthver.htm] 149 of 432 CORPORATE SAFETY AND HEALTH POLICY STATEMENT The personal safety and health of each employee of West Construction, Inc., is of primary im- portance. The prevention of occupationally induced injuries and illnesses is of such conse- quence that it will be given precedence over operating productivity whenever necessary. To the greatest degree possible, management will provide all mechanical and physical facilities required for personal safety and health in keeping with the highest standards. West Construction, Inc., will maintain a Safety and Health Program conforming to the best practices of our construction industry. To be successful, such a program must embody the proper attitudes toward injury and illness prevention on the part of both management and em- ployees. It also requires cooperation in all safety and health matters, not only between man- agement and employee, but also between each employee and his fellow workers. Only through such a cooperative effort can a safety record in the best interest of all be established and preserved. OUR SAFETY AND HEALTH POLICY WILL INCLUDE: • Providing mechanical and physical safeguards to the maximum extent that is possible. • Developing and enforcing safety and health rules as per OSHA, that all employees coop- erate with these rules as a condition of employment. • Conducting a program of safety and health inspection to find and eliminate unsafe work- ing conditions or practices; to control health hazards and to comply fully with the safety and health rules for every job. • Training all employees in good safety and health practices. • Investigating promptly and thoroughly every accident to find out what caused it and to correct the problem to prevent recurrence. We recognize that the responsibility for safety and health are shared: Supervisors are responsible for developing the proper attitudes toward safety and health in themselves and in those they supervise and for the safety and health of all personnel involved. Employees are responsible for wholehearted, genuine cooperation with all the aspects of the safety rules and health program. This includes, but is not limited to compliance with safety rules and regulations set down by Federal, State and Local OSHA Standards and laws while performing their duties. West Construction, Inc. incorporates following safety policies: • Safety & Health Manual • Drug Free Workplace Handbook • Hurricane & Emergency Management Plan • US Army Corps of Engineers Safety & Health Requirements Manual (#EM 385-1-1) Congress Avenue Barrier Free Park City of Boynton Beach Bid No. 004-2730-1 f /CJD 150 of 432 7.B BIDS AND PURCHASES OVER $100,000 February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE F-1NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ® BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R11-023 -Approve "piggyback" of the City of Cape Coral contract (contract #: ITB-PW09-41/CH) with Shrieve Chemical Company (Shrieve) with the same terms, conditions, specifications and pricing. The contract period is from September 9, 2009 to September 8, 2012 with a provision to extend for 2 years. This contract will be utilized for the provision of sulfuric acid at an estimated annual expenditure of $230,000. The City of Cape Coral complied with Public Contract Bid requirements equal to or exceeding Boynton Beach's requirements. EXPLANATION OF REQUEST: The City of Boynton Beach's West Water Treatment Plant (WWTP) utilizes membrane filtration technology to remove hardness causing minerals (Ca 21, Mg2') from the feed water. At a high pH, these minerals precipitate out of solution to form a hard scale (calcium carbonate — CaCO3) on the surface of the membrane units. This buildup of scale reduces the throughput of the membranes resulting in a loss of plant capacity. Thus, sulfuric acid is used to lower the pH of the feed water to prevent this from occurring during the treatment process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The buildup of scale on the membranes will decrease the West Water Treatment Plant production. Thus, the prevention of this occurrence will ensure continued good water production and quality for home and industrial consumers. FISCAL IMPACT: Funds are available in account 401-2811-536-52-35. Recent fiscal year expenditure has been: • FY 2007/08 - $247,415 • FY 2008/09 - $374,579 • FY 2009/10 - $227,902 151 of 432 Note that sulfuric acid prices are closely linked to the price of oil and therefore fluctuated wildly as a result. ALTERNATIVES: Alternatives include: 1. Do nothing — this would result in scaling of the membrane units which would reduce plant throughput and eventually require the replacement of the membranes for continued plant operation. 2. Issue a new bid although the City of Cape Coral bid meets the piggyback requirements. 3. Use an antiscalant — Utilities was authorized by the Commission in October of fiscal year 2009/10 to utilize an antiscalant designed by Nalco. Tests of the product are currently underway with the goal being to achieve up to a 70% reduction in sulfuric acid usage in the future. 152 of 432 RESOLUTION NO. R11 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY- BACK OF A CITY OF CAPE CORAL CONTRACT #ITB- PW09-41/CH WITH SHRIEVE CHEMICAL COMPANY FOR THE PROVISION OF SULFURIC ACID FOR AN ESTIMATED ANNUAL EXPENDITURE OF 5230,000.00; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the City of Cape Coral 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 a City of Cape Coral Contract #ITB-PW09-41/CH and authorizes the Mayor and City Clerk to sign a Contract with Shrieve Chemical Company for the provision of sulfuric acid in an estimated annual expenditure of $230,000.00. 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. Section 2. The Citv Commission of the City of Boynton Beach, Florida, hereby approves the piggy -back of a City of Cape Coral Contract #ITB-PW09-41/CH with Shrieve Chemical Company for the provision of Sulfuric Acid in an estimated annual expenditure of $230,000 and authorizes the Mayor and City Clerk to sign an Contract, a copy of the Contract is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of February, 2011. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jose Rodriguez 153 of 432 I_rNOWM Janet M. Prainito, MMC City Clerk (Corporate Seal) Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay Commissioner — Steven Holzman 154 of 432 CONTRACT FOR SULFURIC ACID This Agreement is made as of this day of 2011 by and between SHRIEVE CHEMICAL COMPANY, a Foreign Corporation, with offices at 236 McLean Point Court, Winter Haven, FL 33884 (" SHRIEVE"), 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 build-up of scale on the membrane units will decrease the West Water Treatment Plant production; and WHEREAS, sulfuric acid is used to lower the pH of the feed water to prevent this from occurring during the treatment and WHEREAS, SHRIEVE, submitted a proposal dated January 6, 2011 to the City to provide sulfuric acid for an estimated annual e-xpenditure of $230,000.00 at prices based on City of Cape Coral contract #ITB-PW09-41/CH: 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. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and SHRIEVE agree that SHRIEVE shall provide sulfuric acid for an estimated annual e-xpenditure of $230,000.00 at prices based on City of Cape Coral contract #ITB- PW09 -4 1 /CH, a copy of w1iich is attached hereto as Elhibit "A", elcept as hereinafter provided: A. All references to the City of Cape Coral shall be deemed as references to the City of Boynton Beach. B. All Notices to the Cite shall be sent to: City: Kurt Bressner, City Manager Cite of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6010 /Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attornev Goren, Cherof, Doodv & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 155 of 432 Facsimile: (954) 771-4923 C. The proposal from SHRIEVE dated January 6, 2011, is attached hereto Exhibit `B". Section 3. In the event that the City of Cape Coral Contract is amended, or terminated, SHRIEVE shall notifv the Citv within ten (10) days. In the event the City of Cape Coral Contract is amended or terminated prior to its expiration, this Contract 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. SHRIEVE 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 Insurance name the Cite of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the City of Cape Coral Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year fist 1ATitten above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By:_ Mayor City Clerk APPROVED AS TO FORM: James A. Cherof, City Attornev SHRIEVE CHEMICAL COMPANY WITNESSES: BY: Print Name: Title: ATTEST: 156 of 432 SECRETARY 157 of 432 19/:4:1IamW.1 AGREEMENT BETWEEN CITY OF CAPE CORAL AND SHRIEVE CHEMICAL COMPANY -SOUTH IiAS' 01' FIC, COtdPOFkA'1`E C3Fl�[Cii 236 `vleLean Point Court 1755 lNoudstead Court Winter Haven, FL 33884 The Woodlands, TX 7,7-380 Phone: (800)3674226 Phone: (281)367-4226 Fas: (863,324-6575 Fax! (281) 292-2014 `FED'rHREADGiLL vi-Presidem - Southeast OS, January 6, 20:11 To Whom It May Concern: Shrieve Chemical hereby gives the City of Boynton Beach permission to "piggyback" off of the attached Cape Coral Sulfuric Acid Supply Agreement for the duration of this Agreement. Best Regards, Ted Threadgill Vice President -Southeast US 158 of 432 Ted Threadgill Shrieve Chemical Company 65 Harbour CT Winter Haven, FL 33884 Dear Ted, Please find the information you requested for the delivery of sulfuric acid from Riverview to Boynton Beach and Cape Coral below. Riverview FL to Boynton Beach FL 416 miles R/T. The freight rate is $30.42 per ton plus the prevailing FSC at time of delivery. Riverview FL to Cape Coral FL 243 miles R/T. The freight rate is $17.80 per ton plus the prevailing FSC at time of delivery. Please note the rates above are based on a minimum order of 24 tons. If you need or require any additional information please let me know. Regards, Steve McCarter KC Industries, LLC 159 of 432 July 27, 2009 QFe 01 awron NOTICE OF INTENT TO AWARD BID #ITB-PW09-41/CH SULFURIC ACID FOR UTILITIES After reviewing responses received for the above-mentioned Invitation to Bid, staff recommends City Council take the following action: Award bid to Shrieve Chemical Company of The Woodlands, TX as the lowest responsive responsible bidder meeting specifications. Failure to file a protest of this bid in accordance with Section 2-150 of the City of Cape Coral Code of Ordinances shall constitute a waiver of the right to protest. Sincerely, Mark G. Thiele, MPA, G.P.M. Procurement Manager c: Bonnie J. Potter, City Clerk Bid File Financial Services - Procurement Division • City of Cape Coral • P.D. Box 150027 Cape Coral. FL 33915-0027 - (239) 574-0831 • Fax (239) 574-0837 - http://www.capecoral.net Co -County Seat — Lee County, Florida 160 of 432 CITY OF CAPE CORAL INVITATION TO BID SULFURIC ACID FOR UTILITIES ITB-PW09-411CH F L D R I D A CITY OF CAPE CORAL FINANCIAL SERVICES DEPARTMENT PO BOX 150027 CAPE CORAL, FL 33915-0027 1 of 24 161 of 432 Sulfuric Acid for Utilities TABLE OF CONTENTS TABLE OF CONTENTS LEGAL NOTICE PROTEST PROCEDURES SWORN STATEMENT - PUBLIC ENTITY CRIMES FORM 3A INTEREST IN COMPETITIVE BID FOR PUBLIC INTEREST DRUG FREE WORKPLACE CERTIFICATION ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS BID SECURITY REQUIREMENTS FORM BID PREPARATION CHECKLIST GENERAL CONDITIONS SPECIAL CONDITIONS SPECIFICATIONS OFFICIAL BID PROPOSAL FORM CONTACTS PAGE Page 2 of 24 162 of 432 PAGE NUMBER 2 3 4 N11:i 7 8 9 10 11 12-14 15-17 18-20 21-23 24 ITB-PW09-41/CN Sulfuric Acid for Utilities CITY OF CAPE CORAL LEGAL NOTICE CALL FOR BIDS ITB-PW09-411CH The City of Cape Coral, Florida will receive Bids for Sulfuric Acid for Utilities, ITB-PW09-41/CH in accordance with the specifications on file. Detailed specifications and instructions for submittal may be obtained: in person from the City of Cape Coral, Procurement Division, 1015 Cultural Park Blvd., Second Floor, Cape Coral, FL 33990; online at www.demandstar.com or by mail request 239-574-0831 (recipients account required for overnight mail). Bids will be publicly opened at Cape Coral City Hall, 1015 Cultural Park Blvd., Cape Coral, Florida 33990. BID OPENING TIME: July 15, 2009. 2:00PM Conference Room 252 BIDS MUST BE DATE STAMPED AT THE OFFICE OF THE PROCUREMENT DIVISION NO LATER THAN THIRTY (30) MINUTES PRIOR TO THE SCHEDULED BID OPENING. BIDS PRESENTED AFTER THAT TIME WILL BE REFUSED. The time indicated on the date stamp machine located in the Procurement Division is considered the official time. All bids are to be submitted and addressed ONLY to PROCUREMENT DIVISION, ATTN: PROCUREMENT MANAGER. BIDS WILL NOT BE ACCEPTED AT ANY OTHER LOCATION. MAILING ADDRESS City of Cape Coral Procurement Division PO Box 150027 Cape Coral FL 33915-002 PHYSICAL ADDRESS: Procurement Division Cape Coral City Hall 1015 Cultural Park Blvd. Cape Coral FL 33990 ENVELOPES MUST BE MARKED WITH THE TITLE OF THE BID WITH THE NAME AND ADDRESS OF BIDDER. The City reserves the right to reject any or all bids in whole or in part and to waive any irregularities or informalities when in the best interest of the citizens of the City of Cape Coral, By Order of the City Manager Bonnie J. Potter, City Clerk City of Cape Coral Procurement Division, PO Box 150027, Cape Coral FL 33915-0027 (239)574-0831 Advertise: June 25, 2009 Page 3 of 24 163 of 432 Sulfuric Acid for Utilities ITB-PW09-41/CH PROTEST PROCEDURES 1. Right to Protest. Any person or firm who is affected adversely by the City's decision or intended decision may protest to the City Council. 2. Time Limits and Form of Protest. A protest with respect to an Invitation for Bid or Request for Proposal shall be submitted in writing to the Procurement Division Manager prior to the opening of bids or the closing date of proposals. A protest of a bid shall be filed with the City Procurement Division Manager within five (5) business days (excluding Saturdays, Sundays, and Legal Holidays) after the date of mailing of the notice of intent to award the contract. A protest of a request for proposals shall be filed with the Purchasing Manager within seventy-two (72) hours of the date of mailing of notice of ranking from the Selection Advisory Committee. Only those persons or firms who have been interviewed and ranked shall be permitted to file a protest. A formal written protest shall be filed within ten (10) days after the filing of the initial written notice of protest. The formal written protest shall state with particularity the facts and law upon which the protest is based. Failure to file a notice of protest or failure to file a formal written protest within the time limits prescribed herein shall constitute a waiver of the right to protest. Upon the filing of a formal written protest the contractor or vendor shall post a bond, payable to the City of Cape Coral, in an amount equal to five percent of the total bid or estimated contract amount, or five thousand dollars ($5,000.00), whichever is less. Said bond shall be conditioned upon the payment of all costs which may be adjudged against the protesting contractor or vendor in the event the protest is resolved adversely to the protester. An Irrevocable Letter of Credit or other form of approved security, payable to the City, will be accepted. Failure to submit a bond simultaneously with the formal written protest shall invalidate the protest and the City may proceed to award the contract as if the protest had never been filed. 3. Hearing. If the subject of a protest is not resolved by mutual agreement within seven (7) days after receipt of a formal written protest, the matter may, at the option of the City Council, be referred to a hearing officer who shall conduct a hearing within 15 days of receipt of the formal written protest. The hearing officer shall render a recommended order within 30 days after the hearing. The recommended order shall be scheduled on the next Council agenda for final action. If Council so elects, the protest may be heard directly by the City Council. 4. Stay of Action. Upon receipt of a formal written protest which has been timely filed, the City shall stop the bid solicitation process or the contract award process until the subject of the protest is resolved either informally or by formal City Council action, unless the City manager sets forth in writing particular facts and circumstances which require the continuance of the bid solicitation process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. 5. Decision; Entitlement to Costs. If a protest is sustained and it is determined that the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, then the protesting bidder or offeror shall be entitled to recover from the City the reasonable costs incurred in connection with preparing its bid, but shall not be entitled to recover lost profits or attorneys fees. If a protest is denied, the bidder or offeror shall have ten (10) days to file for a writ of certiorari in Circuit Court in Lee County, Florida. Page 4 of 24 164 of 432 Sulfuric Acid for Utilities ITB-PW09-41/CH SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES This form must be signed and sworn to in the presence of a notary public or other officer authorized to administer oaths. This sworn statement is submitted (Print name of the public entity) by individual's name and title) for name of entity submitting sworn statement) whose business address (If applicable) its Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement on an attached sheet (required as per IRS Form W-9). (Social Security Number required for one or more of the following purposes: identification and verification; credit worthiness; billing and payment; data collection, reconciliation, tracking, benefit processing and tax reporting. Social Security Numbers are also used as a unique numeric identifier and may be used for such purposes. 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including but not limited to, and bid or contract for goods or services to be provided to any public entity or agency or political subdivision or any other state or of the Unites States, and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989. as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes. means: A predecessor or successor of a person convicted of a public entity crime, or: An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those offices, directors, executives, partners, shareholders, employees, members and agents who are active in the management of the affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm's length agreement, shall be a facie case that one person controls another person. A person who knowingly enters into a join venture with a person who has been convicted of a public entity crime in Florida during the proceeding 36 months shall be considered an affiliate. Page 5 of 24 165 of 432 Sulfuric Acid for Utilities ITB-PW09-411C✓-I SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES I understand that a "person" as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of the entity. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting those sworn statements. (Please indicate which statement applies.) Neither the entity submitted this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearing and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IS FILED, I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OR ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) (Date) STATE OF COUNTY( PERSONALLY APPEARED BEFORE ME, the undersigned authority, (Name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on this. of 2009. My Commission Expires: ARY PUBLIC) Page 6 of 24 166 of 432 day Sulfuric Acid for Utilities ITB-PW09-41/CH FORM 3A - INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS LAST NAME - FIRST NAME - MIDDLE INITIAL OFFICE POSITION HELD MAILING ADDRESS AGENCY CITY ZIP COUNTY ADDRESS OF AGENCY VVNU IVIUO I rILC I nIS' I AI t MLN l Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain business relationships on the part of public officers and employees, their spouses, and their children. See Part 111, Chapter 112, Florida Statutes andfor the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), Florida Statutes, provides certain limited exemptions to the above -referenced prohibitions, including one where the business is awarded under a system of sealed, competitive bidding; tho public official has exerted no influence on bid negotiations or specifications; and where disclosure is made. prior to or at the time of the submission of the bid, of the official's or his spouse's or child's interest and the nature of the intended business. This form has been promulgated by the Commission on Ethics for such disclosure, if and when applicable to a public officer or employee. INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS rRennirad hu717 s7aw7trhl Fl, hnr t I. The competitive bid to which this statement applies has been/will be (strike oris) submitted to the following government agency: 2. The person submitting the bid is: NAME ■ POSITION 3. The business entity with which the person submitting the bid is associated is: 4. My relationship to the person or business entity submitting the bid is as follows: 5. The nature of The business intended to the transacted in the event that this bid is awarded is as follows: a. The really, goods andlor services to a supplied specifically include: b. The realty, goods andlor ssrvires will be supplied for the following period of time: c. Will the contract be subject to renewal without further competitive bidding? Yes _ No. If so, how often? 5. Additional comments: 7. SIGNATURE DATE SIGNED DATE FILED FILING INSTRUCTIONS If you are a state officer or employee required to disclose the information above, please file this form with the Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709; physical address: 3600 Maclay Blvd. South, Suite 201, Tallahassee, FL 32312. If you are an officer or employee of a political subdivision of this state and are subject to this disclosure, please file the statement with the Supervisor of Elections of the county in which the agency in which you are serving has its principal office. NOTICE: UNDER THE PROVISIONS OF FLORIDA STATUTES #112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000.00 Page 7 of 24 167 of 432 Sulfuric Acid for Utilities ITB-PW09-41/CH CITY OF CAPE CORAL DRUG FREE WORKPLACE CERTIFICATION In order for the City of Cape Coral to continue as a drug-free workplace, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid/proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid/proposal, 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. Company Name (please print) Authorized Signature Date Page 8 of 24 168 of 432 Sulfuric Acid for Utilities ITB-PW09-41/CH ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS Insurance: The following insurance will be required by the CITY OF CAPE CORAL Workers' Compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers' Liability with a limit of $__ 3,000.000 each accident. Comprehensive General Liability: Shall have minimum limits of $ 3.000,000 per occurrence. Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises andfor Operations, Independent Contractors and Products and/or Completed Operations. Broad Form Property Damage, XCU Coverage, and a Contractual Liability Endorsement. Business Auto Policy: Shall have minimum limits of $ 3.000.000 per occurrence. Combined Single Limit for Bodily Injury and Property Damage Liability. This shall include owned vehicles, hired and non -owned vehicles, and employees' non -ownership. Pollution Liability: Covering a transporter moving hazardous products or waste as cargo aboard the transporter's truck. Shall have a minimum limits of $ 3,000,000 per occurrence. Combined Single Limit for Bodily Injury, Property Damage Liability and Cleanup, including wrongful delivery. This shall include owned vehicles, hired and non -owned vehicles. Certificate of Insurance: The City of Cape Coral is to be specifically included as an additional insured. This does not pertain to Workers' Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued thirty (30) days prior to said expiration date. The policy shall provide a 30 -day notification clause in the event of cancellation or modification to the policy. Unless otherwise specified, it shall be the responsibility of the contractor to ensure that all subcontractors comply with the same insurance requirements spelled out above. All certificates of insurance must be on file with and approved by the City of Cape Coral before the commencement of any work activities. Statement of Offeror: We understand the requirements requested and agree to fully comply OFFEROR'S NAME AND TITLE AUTHORIZED SIGNATURE UAIE Page 9 of 24 169 of 432 Sulfuric Acid for utilities ITB-PW09-41/CH BID SECURITY REQUIREMENTS FORM Each person or entity submitting a sealed bid is required to post bid security in the amount of $500.00 The security shall be payable to the City of Cape Coral and may be in the form of a bid bond, cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or security of a type listed in Part II of Chapter 625, Florida Statutes. The bid security of each bidder will be held by the city during the bid evaluation period. After the bid is formally awarded by City Council, the unsuccessful bidders who posted security other than a bid bond will have their security returned to them no later than ten (10) days after the bid award. The bid security of the successful bidder will be held by the City until such time as the bidder executes the written contract with the City. If the bidder fails or refuses to execute the contract in accordance with the bid documents or fails or refuses to provide any other instruments required by the bid specifications (i.e. performance bond, insurance, etc.), the bid security shall be forfeited to the City. Bids shall be unconditionally accepted and may not be altered or corrected by the bidder. Erroneous bids may be withdrawn only with permission of City Council and subject to the restrictions contained in Section 2-144(a) (9) of the City Code. If a bidder requests to withdraw his or her bid without meeting the requirements of Section 2- 144(a) (9) of the City Code and/or without City Council approval, the City may retain the bid security or take action against any bid bond which is posted as security. The Bidder agrees to the bid security requirements as listed above. BID # _ DATE Attached hereto is a bid security in the form of a for the sum of (Security Type: Bond, Cashier's Check, Etc.) Dollars ($ 1. FIRM NAME: ADDRESS: Signature Name (Printed) Official Title Authorized under the laws of the State of and authorized by the law to submit this bid and perform all services and/or furnish materials and equipment required under the contract documents. Page 10 of 24 170 of 432 Sulfuric Acid for Utilities Bid Preparation Checklist ITB-PW09-411CN The Bid Preparation Checklist is a guide to assist the Bidder in verifying the completeness of their response. The Bid Preparation Checklist does not relieve the Bidder of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their response. Check off each of the following as you comply: Read the entire Invitation to Bid document. Signed Official Bid Proposal Form This bid contains three 3 pages for the Official Bid Proposal. All of these pages MUST be returned and the form signed where indicated. Failure to return ALL pages of the bid proposal may result in rejection of your bid. Failure to sign your bid proposal may result in rejection of your bid. Completed and signed Swom Statement on Public Entity Crimes Form 3A Interest in Competitive Bid for a City of Cape Coral elected official, employee, spouse, or child who has an interest in the business. If this form does not apply, mark Form 3A as N/A. Drug Free Workplace Certification Acknowledgement of Insurance Requirements Signed & Completed Bid Security Form Bid Security Copy of Bidder's Licenses applicable for work Material Safety Data Sheets (if applicable) Fuel Surcharge Documentation or Schedules Contacts Page Original bid, three (3) copies of bid and one (1) readablelreproducible disk (CD) completely duplicating the original The outer packaging shall clearly state Invitation to Bid Title, Invitation to Bid Number, Solicitation Opening Date and Time! The documents mentioned on this page must be provided. Failure to provide or properly execute these itemsidocuments may result in your bid being considered non-responsive and, if so, will be rejected and not considered for award by City Council. Page 11 of 24 171 of 432 Sulfuric Acid for Utilities 1.0 GENERAL CONDITIONS ITB-PW09-47/CH 1.1 INVITATION TO BID 1.1.1 NOTICE IS HEREBY GIVEN that the City of Cape Coral, Florida is advertising for sealed bids. The Invitation to Bid, Official Bid Form, Bidder Information, Instructions to Bidders, General Conditions, Special Conditions, Specifications, Addenda and/or any other pertinent document form a part of this bid and by reference are made a part thereof. 1.1.2 In the event of any conflict between this Invitation to Bid and City of Cape Coral Ordinance, the provisions of the Ordinance shall prevail. 1.1.3. Bids not submitted on the attached Official Bid Proposal Form shall be rejected. All bids are subject to the conditions specified herein. Those, which do not comply with these conditions, are subject to rejection 1.1.4 Interpretations of the Bid or additional information as to its requirements, where necessary, shall be communicated to all prospective bidders by written addendum. Only written addenda shall be considered official responses. It shall be the responsibility of each Firm, prior to submitting the proposal, to contact the Procurement Division to determine if addenda were issued and to make such addenda a part of the proposal. Failure to acknowledge receipt of addendum may result in proposal rejection. NO ADDENDA WILL BE ISSUED WITHIN FIVE t51 RURINFSR nAYR PRInR Tn TNF CI IRMICRInN 1.2 QUALIFICATIONS OF BIDDERS 1.2.1 Bids will be considered only from firms normally engaged in the sale and distribution of the items specified herein. Vendors must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City of Cape Coral. 1.2.2 The City reserves the right before recommending any award to inspect the facilities and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms, and conditions. 1.2.3 The City of Cape Coral will determine whether the evidence of ability to perform is satisfactory and will make awards only when such evidence is deemed satisfactory and reserves the right to reject bids where evidence submitted, or investigation and evaluation. indicates inability of the bidder to perform. 1.3 MODIFICATION AND/OR WITHDRAWAL OF BIDS PRIOR TO BID OPENING Mistakes discovered before the Bids are opened may be modified or withdrawn by sealed written notice of the modification or withdrawal received in the office designated in the Invitation for Bids prior to the time set for the Bid opening. 1.4 TAX EXEMPTION The City of Cape Coral, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. The awarded vendor will be provided a copy of the City of Cape Coral's Certificate of Exemption (85-8012589883C-5) upon request. 1.5 DEVIATIONS FROM SPECIFICATIONS Bidder shall clearly indicate on the Official Bid Proposal as applicable all areas in which the items the bidder proposes does not fully comply with the requirements of this specification. The decision as to whether an item fully complies with the stated requirements rests solely with the City of Cape Coral. Page 12 of 24 172 of 432 Sulfuric Acid for Utilities ITB-PW09-411CH 1.6 SUBMISSION OF BIDS 1.6.1 The Official Bid Proposal Form MUST be signed and returned with Bid. 1.6.2 The Official Bid Form must contain a manual signature of an authorized representative. Bid must be typed or printed in ink. Use of erasable ink is not permitted. All corrections made by bidder to his/her bid price must be initialed 1.6.3 Bids shall be submitted to the Procurement Division and date stamped no later than thirty (30) minutes prior to the scheduled bid opening as indicated on the attached legal notice or as changed -by addendum. Failure to be on time will result in refusal of bid. The time indicated on the date stamp machine in the Procurement Division is considered the official time. 1.6.4 Complete the enclosed Bid Preparation Checklist. 1.7 OPENING OF BIDS Bids will be opened at the time and date indicated on the legal notice. Bids are to be submitted in accordance with the instructions provided herein. 1.8 WITHDRAWAL OF BIDS AFTER BID OPENING After bids are opened, corrections or modifications to bids are not permitted, but a bidder may be permitted to withdraw an erroneous bid, prior to the bid award by City Council, if the following is established: 1.8.1 That the bidder acted in good faith in submitting the bid; 1.8.2 That in preparing the bid there was an error of such magnitude that enforcement of the bid would work severe hardship upon the bidder; 1.8.3 That the error was not the result of grass negligence or willful inattention on the part of the bidder; 1.8.4 That the error was discovered and communicated to the City within twenty four (24) hours of bid opening, along with a request for permission to withdraw the bid; and 1.8.5 The bidder submits documentation and an explanation of how the bidding error was made. 1.9 BID PROTEST PROCEDURE Refer to insert page for specific information. 1.10 BIDS TO REMAIN EFFECTIVE Bids shall be effective for ninety (90) days from Bid Opening Date, and thereafter if accepted by the City for the term designated in this bid. 1.11 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.12 VENDOR REGISTRATION In accordance with Article VII Division 1 Section 2-145 of the City of Cape Coral Ordinance, prior to award, a vendor must complete the vendor registration process. Application forms may be obtained on the City of Cape Coral website at: httl)://www.capecoral net'Governrnent/FinancialServicestProcurementDivisionNendorRegistration/tabid/1316/ DefaUlt.aSpx or by contacting the Procurement Division at (239) 574-0831. Page 13 of 24 173 of 432 Sulfuric Acid for Utilities ITB-PW09-411CH 1.13 LICENSES AND REGULATIONS The awarded bidder shall comply with all Federal, State, and Local laws, rules and regulations. Licenses necessary for the performance of this work shall be secured and paid for by the awarded Contractor(s) prior to execution of the contract or purchase order. If the bidder has a permanent business location with the City of Cape Coral (including branch offices and storage or warehouse facilities), then a City occupation license is required. It is required that each bidder submit with their bid copies of their occupational licenses. If the bidder does not hold a current license with the City of Cape Coral, the bidder is required to register with the City Clerk's Office upon contract award. Failure to provide evidence of any required occupational license may be cause for rejection of bid. 1.14 LOBBYING 1.14.1 All firms and their agents who intend to, or have, submitted bids or responses for this project are hereby placed on formal notice that neither City Council Members, candidates for City Council, nor any employee of the City of Cape Coral are to be lobbied either individually or collectively concerning this project. 1.14.2 Contact should only be made through regularly scheduled Council meetings, or meetings scheduled though the Procurement Division, which are for the purposes of obtaining additional or clarifying information. 1.14.3 Any action, to include dinner or lunch invitations, by a submitting firm that may be interpreted as being within the purview of this requirement shall result in the immediate disqualification from further consideration in this project. 1.15 UNAUTHORIZED ALIENS The employment of unauthorized aliens by any Contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of any contract resulting from this solicitation. This applies to any sub -contractors used by the Contractor as well. Page 14 of 24 174 of 432 Sulfuric Acid for Utilities 2.0 SPECIAL CONDITIONS ITB-PW09-411CN 2.1 INSURANCE 2.1.1 Bidders must sign and complete the enclosed Acknowledgement of Insurance Requirements Form and submit with the bid. 2.1.2 Without limiting its liability under this Invitation to Bid, the awarded bidder(s) shall procure and continuously maintain, without interruption, at its own expense, insurance (limits and specifications) specified on the enclosed Acknowledgement of Insurance Requirements Form. 2.1.3 The City of Cape Coral and its members, officers and employees shall be named as additional insured on the General Liability coverage, as it pertains to acts of the awarded bidder in its performance of this Contract. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the awarded bidder. 2.1.4 Neither approval nor failure to disapprove the insurance furnished by awarded bidder to the City shall relieve the awarded bidder of the awarded bidder's full responsibility to provide insurance as required by this Contract. The awarded bidder shall be responsible for assuring that the insurance remains in force for the duration of the contractual period; including any and all option years that may be granted to the awarded bidder. The certificate of insurance shall contain the provision that the City be given no less than thirty (30) days written notice of cancellation. If the insurance is scheduled to expire during the contractual period, the awarded bidder shall be responsible for submitting new or renewed certificates of insurance to the City at a minimum of fifteen (15) calendar days in advance of such expiration. 2.1.5 Unless otherwise notified, the certificate of insurance shall be delivered to: City of Cape Coral Procurement Division PO Box 150027 Cape Coral, FL 33915-0027 The name and address of the City of Cape Coral, as shown directly above, must be the Certificate Holder on the certificate of insurance. 2.1.6 The awarded bidder may be in default of the award for failure to maintain the insurance as required by this bid. 2.2 INDEMNIFICATION To the extent permitted by law (F.S. 768.28), the awarded bidder shall indemnify and hold harmless the City, its officers and employees, from liabilities, damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the awarded bidder and any persons employed or utilized by the awarded bidder in the performance of the resulting contract. 2.3 ESTIMATED QUANTITIES The quantities specified herein are estimates only and no guarantees are expressed nor implied. 2.4 BID PRICE Bid price shall include any transportation charges, unloading charges or any other charges incurred in delivery. Page 15 of 24 175 of 432 Sulfuric Acid for Utilities ITB-PW09-41/CH 2.5 EMERGENCIES In the event of an emergency situation or natural disaster, chemicals shall be supplied to the City, at the contract prices, within twenty-four (24) hours of request. 2.6 AUTHORITY TO PIGGYBACK It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this advertised request constitutes a bid made under the same conditions, for the same contract price, to other governmental entities in Florida. Each government agency desiring to accept these bids, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for services ordered and received by it, and no agency assumes any liability by virtue of this bid. 2.7 BID SECURITY A Bid Security Requirements Form is included and must be completed and returned with the bid. See form for specific information. 2.8 METHOD OF ORDERING It is anticipated that the City will utilize blanket purchase orders. Orders will be placed on an as needed basis. 2.9 INSPECTION Upon receipt, a City representative prior to acceptance shall inspect each shipment for condition and specification compliance. If the shipment has to be rejected for any reason, the seller shall be required to pick up the shipment at point of delivery at no charge to the City. 2.10 INVOICES Invoices must include full item description, unit and extended prices, P.O. number, ordering division, delivery location, quantities delivered and backorder status. 2.11 PAYMENTS City shall pay correct invoices via check within thirty (30) days of receipt of invoice (Net 30), or via a City of Cape Coral VISA Purchasing Card (P -Card). The City of Cape Coral has implemented a P -Card Program. The awarded vendor can take advantage of this program and receive payment within days of delivery in lieu of Net 30 by accepting a City of Cape Coral VISA Purchasing Card. However, no additional costs will be covered by the City of Cape Coral for the awarded vendor's Merchant Services fees and/or interchange rate. 2.12 OTHER CONTRACTS The City of Cape Coral reserves the right to purchase off of State Contract or any other available contract if deemed to be in the best interest of the City. 2.13 SUMMARY REPORTS Awarded bidder(s) shall be responsible for furnishing summary reports to the Procurement Division upon request. These reports shall be for time period specified and contain quantity and dollars spent for each item purchased. Page 16 of 24 176 of 432 Sulfuric Acid for Utilities ITB-PW09-411CH 2.14 RECORD KEEPING The awarded bidder shall maintain auditable records concerning the procurement adequate to account for all receipts and expenditures, and to document compliance with the specifications. These records shall be kept in accordance with generally accepted accounting methods, and the City of Cape Coral reserves the right to determine the record-keeping method in the event of non -conformity. These records shall be maintained for five (5) years after final payment has been made and shall be readily available to City personnel with reasonable notice, and to other persons in accordance with the Florida Public Disclosure Statutes. 2.15 QUESTIONS Any questions concerning this Invitation to Bid must be submitted prior to the deadline for submitting bids and shall be addressed in writing to Christopher Hoffman , P.O. Box 150027, Cape Coral, FL 33915- 0027; by e-mail to choffmani@capecoral.net or by fax to 239.574.0837. Questions regarding the technical specifications may be forwarded to the requesting department by the Procurement Division. 2.16 EVALUATION & AWARD Evaluation of the bids will be based on cost, conformance to the specifications, and the ability of the vendor(s) to adequately meet the City's needs. The City intends to award to the lowest responsive responsible bidder. In determining the lowest responsive responsible bidder, in addition to price, the following shall be considered: 2.16.1 The ability, capacity, skill and sufficiency of resources of the bidder to perform the contract. 2.16.2 The bidder's ability to perform the contract within the time specified 2.16.3 The character, integrity, reputation, judgment, experience and efficiency of the bidder. 2.16.4 The quality of performance of the bidder on previous City contracts. 2.16.5 The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 2.16.6 The quality, availability and adaptability of the supplies or professional or contractual services to the particular use required. 2.16.7 The ability of the bidder to provide future maintenance, service or warranty work. The City Council reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids; to reject any and all bids in whole or in part with or without cause, and/or to accept bids that in its judgment will be in the best interest of the City. Following complete investigation of each bid received by the City, the City Council reserves the right to make awards on a multiple, lump sum, or individual item basis or in combination as shall best serve the interest of the City. Page 17 of 24 177 of 432 Sulfuric Acid for Utilities 3.0 SPECIFICATIONS ITB-PW09-411CH 3.1 SCOPE Successful bidder shall be responsible for supplying and delivering sulfuric acid used by the City of Cape Coral's Utilities Division on an as -needed basis. 3.2 TERM This bid shall establish an agreement for a three (3) year period. The City intends for the new agreement to take effect September 9, 2009. 3.3 QUANTITY The estimated annual requirement is 3.000 tons 3.4 SULFURIC ACID Sulfuric Acid shall be at least 98% H2SO4. The manufacturer, or supplier, shall submit to the City with each delivery, a certified analysis of each shipment of acid. The analysis shall include percentage of H2SO4, Iron (not to exceed 20 PPM), Arsenic, Lead, Barium, Cadmium, Chromium, Copper, Cyanide, Manganese, Mercury, Selenium, Silver, and Zinc contents. 3.5 DELIVERIES 3.5.1 Locations: Southwest R.O Plant, 2090 SW 32ntl Street, Cape Coral, FL 33914 North R.O. Plant, 1200 Kismet Parkway West, Cape Coral, FL 33993 3.5.2 Delivered in tank truck quantities of approximately 3,500 gallons per delivery. 3.5.3 Deliveries shall be FOB City of Cape Coral's tanks. 3.5.4 Deliveries are to be made by truck between the hours of 7:00 a.m. and 3:00 p.m., Monday through Friday, except holidays unless prior authorization is obtained from the City representative. 3.5.5 Arrangements for actual delivery date and quantity will be made by the plant representatives as identified by the City upon award. 3.5.6 Deliveries shall be made within three (3) days after receipt of order unless arrangements, for actual delivery date, have been made by City representative. 3.6 WEIGHT TICKETS Certified, not hand written, weight tickets to show tare and gross weight are to be supplied when chemicals are delivered. 3.7 MATERIAL DATA SAFETY SHEETS 3.7.1 Each bidder must submit as part of the bid package the most recent Material Safety Data Sheets (MSDS) in accordance with the Occupational Safety and Health Administration (OSHA) Hazard Communication Rule 29 CFR 1910.1200. 3.7.2 For each shipment containing items which are classified as hazardous under such rule, and which are shipped to Cape Coral, the awarded bidder must provide, either in or on each shipping container, one copy of the MSDS for each unit of issue in that shipping container. The MSDS must be placed in a weather resistant envelope and contain the purchase order numberfrom the City. Page 18 of 24 178 of 432 Sulfuric Acid for Utilities ITB-PW09-411CH 3.7.3 If a MSDS is not required for any of the bid items, this should be indicated in the "Remarks by Bidder" section of the Official Bid Proposal Sheets. 3.8 SAFETY 3.8.1 The delivery personnel of the awarded bidder shall comply with OSHA procedures during unloading at plant site. The awarded bidder shall supply all required safety equipment for the delivery personnel. 3.8.2 Drivers will check in with plant personnel before unloading into any chemical bulk storage tank. 3.8.3 Drivers will wear safety gear consisting of: rubber gloves, hard hat with face shield and chemical resistant safety goggles, protective jacket, pants, and boots. 3.8.4 Drivers will visually observe unloading area for the entire time the chemical is being transferred into chemical bulk storage tank. 3.8.5 Drivers not having safety equipment will not be allowed to unload chemicals. 3.8.6 Awarded bidder shall supply safety training for a minimum of one hour per year to City personnel at City facilities. These training sessions shall be scheduled for dates and times convenient for City staff. 3.9 PRICE Unit pricing is requested on the Official Bid Proposal Form for Sulfuric Acid which shall remain firm for the life of the agreement. 3.10 PRICE ADJUSTMENTS 3.10.1 Price adjustments shall be allowed to the Sulfuric Acid unit price in the form of a Sulfur Surcharge and shall be based on the quarterly change (up or down) to the Green Markets Tampa Contract Sulfur Posted Average. For each $1.00 change, sulfuric acid unit price shall be increased or decreased by $0.30. 3.10.2 Successful bidder shall be responsible for monitoring and reporting to the City any change which affects the Sulfur Surcharge and shall provide copies of Green Markets to the City of Cape Coral's Procurement Division for verification. 3.10.3 Adjustments shall become effective thirty (30) calendar days after the posted change. Price adjustments must be approved in writing by both parties. 3.11 FUEL SURCHARGE Fuel surcharges may be considered, if bidder submits, with its bid, documentation or schedules used in determining fuel surcharge and if the surcharge is considered by the City to be fair and reasonable. If accepted by the City, fuel surcharge shall be billed as a separate line item. 3.12 DESIGNATED CONTACT 3.12.1 The awarded vendor(s) shall appoint a person or persons to act as a primary contact with the City of Cape Coral. This person or back-up shall be readily available during normal work hours by phone or in person, and shall be knowledgeable of the terms of the contract. Bidder must complete the enclosed Contacts Page and submit with bid. 3.12.2 Each using facility shall also appoint representatives to become primary contacts for the coordination and execution of the resulting contract. Page 19 of 24 179 of 432 Sulfuric Acid for Utilities ITB-PW09-41/CH 3.13 INSURANCE Enclosed Acknowledgement of Insurance Requirements Form must be completed, signed and submitted with the bid. 3.14 RESERVES THE RIGHT In the event the successful bidder is unable to supply items specified herein, the City reserves the right to purchase from another source. 3.15 CANCELLATION 3.15.1 The resulting Bid Award may be cancelled at any time during the period by the City of Cape Coral for any reason. 3.15.2 A 30 -day written cancellation notice will be issued by the City. 3.15.3 The awarded bidder may cancel the Bid Award on its anniversary with a ninety (90) day written cancellation notice submitted to the City's Procurement Manager. THIS SPACE INTENTIONALLY LEFT BLANK Page 20 of 24 180 of 432 Sulfuric Acid for Utilities OFFICIAL BID PROPOSAL PAGE 1 OF 3 DA ITB-PW09-41/CH The undersigned certifies that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder and that the bidder is in compliance with all requirements. In submitting a bid to the City of Cape Coral, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Cape Coral all rights, title and interest in and all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Cape Coral. At the City's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. The undersigned declares that the statements and representations made in this proposal are true in every respect and that the said proposal is in all respects fair and made without collusion or fraud, and that no member of the City Council or any other agent or employee of the City, directly or indirectly, is interested in this bid proposal or in any profits expected to accrue therefrom. The undersigned acknowledges receipt of the following addenda, and the cost, if any, of such revisions has been included in the price of the bid. Addendum # Addendum # Addendum # Prices quoted shall be effective for ninety (90) days from bid opening date, and if accepted by the City, for the period specified herein. Est. Annual Description Unit Cast Usage Total Bid SULFURIC ACID, as specified $ fTON x 3,000 tons $ Manufacturer: Minimum order: Will receive payment on a City of Cape Coral VISA Purchasing Card (refer to Special Condition 2.11) _Yl_N Federal Employer Identification Number or Social Security Number (Social Security Number required for one or more of the following purposes: identification and verification; credit worthiness; billing and payment; data collection, reconciliation, tracking. benefit processing and tax reporting. Social Security Numbers are also used as a unique numeric identifier and may be used forsuch purposes.) Address Name (printed) Title Telephone # E-mail address: Page 21 of 24 181 of 432 Sulfuric Acid for Utilities OFFICIAL BID PROPOSAL PAGE 2 OF 3 ITB-PW09-41/CH REMARKS BY BIDDER If there are any deviations, they MUST be listed below, otherwise none will be allowed. If additional space is required, attach another sheet to this Bid Proposal. If nothing is listed below, it will be interpreted as meaning NO DEVIATIONS. Page 22 of 24 182 of 432 Sulfuric Acid for Utilities OFFICIAL BID PROPOSAL PAGE 3 OF 3 REFERENCES ITB-PW09-41/CH Provide a list of three references preferably government entities for whom your company has provided similar services. GOVERNMENT ENTITY OR COMPANY NAME CONTACT ADDRESS PHONE NUMBER FAX NUMBER SERVICES PROVIDED FOR THIS REFERENCE AND DATE PROVIDED GOVERNMENT ENTITY OR COMPANY NAME PERSON PHONE NUMBER FAX NUMBER SERVICES PROVIDED FOR THIS REFERENCE AND DATE PROVIDED GOVERNMENT ENTITY OR COMPANY NAME CONTACT PERSON ADDRESS PHONE NUMBER FAX NUMBER SERVICES PROVIDED FOR THIS REFERENCE AND DATE PROVIDED Page 23 of 24 183 of 432 Sulfuric Acid for Utilities CONTACTS PAGE ORDERS (during business hours) Phone ORDERS (after business hours) ACCOUNT MANAGER OR SALES REP. Phone ITB-PW09-41/CH BIDDER: Page 24 of 24 184 of 432 City of Cape Coral Bid Tabulation Bid Title: Sulfuric Acid for Utilities Bid #: ITB-PW09-411CH Buyer: Chris Hoffman 185 of 432 Sulfuric Fuel Est. Annual Extended Cost Bidder Acid Surcharge Usage Unit Price (per ton) ton $75.00 $3.74 3,000 $236,220 Shrieve Chemical Company, (current) The Woodlands, TX $79.21 None 3,000 $237,630 Sulfuric Acid Trading Co. Tampa, FL 185 of 432 SULFURIC ACID TYPICAL AVERAGE PRODUCTION SPECIFICATIONS NSF Certified to I Max. Use: ANSUNSF-60 50 ma/L Sulfuric Acid (H2S03) 93.0-99.0% Iron (Fe) < 20 ppm Reducing Substances as SO2 <20 ppm Nitrates as NO3 <10 ppm Chlorides as Cl < 5 ppm Ammonium as NH4+ < 1 ppm Heavy Metals as Pb < 1 ppm Aluminum (Al) < 0.5 ppm Antimony (Sb) < 0.5 ppm Arsenic (As) < 1.0 ppm Cadmium (Cd) < 0.5 ppm Chromium (Cr) < 1 ppm Copper (Cu) < 0.5 ppm Lead (Pb) < 1 ppm Manganese (Mn) < 0.5 ppm Mercury (Hg) < 20 ppb Nickel (Ni) < 0.5 ppm Platinum (Pt) < 0.5 ppm Potassium (K) < 1 ppm Selenium (Se) < 0.5 ppm Zinc (Zn) < 0.5 ppm Fixed Residue 110 ppm Organic Matter < 10 ppm Color 30 Turbidity (NTU) < 1 186 of 432 7.0 BIDS AND PURCHASES OVER $100,000 February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE F-1NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ® BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R11-024 -Approve extension of piggy -back of MANATEE COUNTY RFP #07-5835FL for ODOR & CORROSION CONTROL SERVICES with an anticipated one-year expenditure of approximately $200,000. The County contract complied with public contract bid requirements equal to or those which exceed Boynton Beach's requirements. EXPLANATION OF REQUEST: The City of Boynton Beach Water Utilities Department utilizes Hydrogen Peroxide to control H2S (hydrogen sulfide) by dosing the chemical at lift stations #712, #801, #315, #316, #919, #920, #610, and #927. The Hydrogen Peroxide is used to control odor and inhibit corrosion in the sanitary sewer collection system. The Utilities Department will be utilizing the Manatee County RFP #07-5835FL contract for the purchase of Hydrogen Peroxide from Siemens Water Technologies only. This contract incorporates all products and service costs for the period of October 1, 2010 to October 1, 2011 and is not subject to any rate increases during this term. The services portion of the contract included in the cost cover injection of Hydrogen Peroxide, injection equipment, and refilling of the Hydrogen Peroxide tanks. The cost is $4.18 per gallon of Hydrogen Peroxide; per contract, .38 cents per pound plus 10% surcharge for gross sales under $250,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? We will continue to utilize Hydrogen Peroxide for the control of H2S gas in the wastewater collection system while alternative methods/chemicals are being evaluated. 187 of 432 FISCAL IMPACT: Expenditure history is as follows: FY 2007/08 - $173,514.30 FY 2008/09 - $214,648.65 FY 2009/10 - $234,901.14 Higher hydrogen sulfide levels in the system call for more of the product; which has increased our cost. ALTERNATIVES: At the present time, there are no other sources of Hydrogen Peroxide and injection system services from any other vendor. The City of Boynton Beach Water Utility Department is currently evaluating other chemicals and treatment processes due to the high- cost of hydrogen peroxide. 188 of 432 RESOLUTION NO. R-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE EXTENSION OF A PIGGY -BACK OF THE MANATEE COUNTY BID #07-5835FL WITH SIEMENS WATER TECHNOLOGIES CORP., FOR ODOR AND CORROSION CONTROL SERVICES WITH AN ANTICIPATED ONE YEAR EXPENDITURE OF APPROXIMATELY 5200,000.00; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Utilities Department uses hydrogen peroxide to control odor and inhibit corrosion in the sanitary seiner collection system: and WHEREAS, the City is currently piggy -backing a contract that Siemens has in place with Manatee County which has exercised its option to renew the contract fir another year; and WHEREAS, the City of Boynton Beach Utilities Department desires to extend its Agreement with Siemens for Odor and Corrosion Control Services via Addendum Number Three. 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, hereby approves the extension of the piggy -backing of the Manatee County RFP #07-5835FL with Siemens Water Technologies Corp via Addendum Number Three for the Odor and Corrosion Control Services with an anticipated one-year expenditure of approximately $200,000.00. A copy of Addendum Number Three is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of February, 2011. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jose Rodriguez 189 of 432 ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay Commissioner — Steven Holzman 190 of 432 MANATEE COUNTY GOVERNMENTS AGENDA MEMORANDUM SUBJECT Addendum #3 is Agreement Por Odor Corrosion Control Services TYPE AGENDA REM Consent DATE REQUESTED October 7. 2010 DATE SUBMRTEDIREVISED Sepamber 14, 2010 SAMFINGS7 Who? No CONSEQUENCES IF DEFERRED N/A DEPARTMENTIDIVISION Finandel Management/Purchasing AUTHORMEDT Y TLEit J Seufhn, Director 61/ CONTACT PERSON TELEPHONE/EXTENSION Frank Lambedson, 30421 Jim Marble, 6277 PRES�RrMF TELEPHONEMMNUON Daniel ray, Director. Utilities Deparlmen45323 ADMINISTRATIVE APPROVAL ACTION DESIRED INDICATE WHETHER 1) REPORT: 2) DISCUSSION: 3) FORM OF MOTION; OR 4) OTHERACTION REQUIRED Authorize County Administrator or his designee to execute Addendum N3 to the Odor and Corrosion Cordrol Services Agreement with Siemens water Technologies Corp., Sarasota, FL to extend the Agreement commencing September 13, 2010 end terminating September 30, 2011 for an estimated annual amountof $2,270,000. No rate Increases are Included in this Addendum #3. ENABLING/REGULATING AUTHORITY FederauSlata law($). adminletrative ruling(*), Mrrplss Coumy Comp PlarYl.and Dewlopmont Code, ordinances, resolutions, policy Manatee County Code of Lays, Chapter 2-26 Manatee County Purchasing Ordinance, Section 2-25.42 and the Standards and Procedures approved by the Coun Administrator BACKGROUND/DISCUSSION The Manatee County Utilities Department requires odor and corrosion control services for the sewer lift station and waste water systems. e Funding Sources: SW WVVTP 401.0070101 $400,0001 SEYNNTP 401-0010102 $50,000 / NO vvvfl P 401.0010103 $70,000 / LIR Stations 401-001300 31,750,000 COUNTY ATTORNEY REVIEW Chock appropriate lax REVIEWED AAD�,O,�F� CFn�dv INA Wrlman Comments: 0 Atached f] Available from ii&Q `wkomer's Inldalei NOT REVIEWED (NO apperenl legal issues.) ® NOT REVIEWED (Utillim exact form or procedure previously approved by CAO.) OTHER ATTACHMENTS: (List In order as attached) INSTRUCTIONS TO BOARD RECORDS: Original to Board Records and Siemens Water Technologlea Corp.. 2650 1• Addendum 02 (two originals) Tallevast Road, Sarascla, FL 34243. Signature page copy to Frank Lambertson/Purchasin . COST: $2,270,000 BOURGMACCY e i NAME): See Funding Source COMMENTS: NIA AMTJFREQ, OF RECURRING COSTS: (ATTACH Fl PACT STATEMENT) NIA r—o«.KarrraArnweNOAwtaoon..aa.doa 191 of 432 AGENDA MEMORANDUM (continued) • 9111/07 Board executed Agreement with Siemens Water Technologies Corp. for the purpose of providing odor and corrosion control services. The Agreement after its initial one year term commencing September 13, 2007 and terminating September 12, 2008 provided for three (3) one (1) year extension periods upon mutual agreement of the County and Contractor. • 10/21/08 Board executed Addendum #1 extending the agreement for a period of one (1) year commencing September 13, 2008 and terminating September 12, 2009. • 9115/09 Board executed Addendum #2 extending the agreement for a period of one (1) year commencing September 13, 2009 and terminating September 12, 2010. Utilities Department is satisfied with the Contractor's performance and its rates are competitive with other contractors providing similar services. Addendum #3 would extend the agreement commencing September 13, 2010 and terminating September 30, 2011 for an estimated annual amount of $2,270,000. No rate changes are included in this Addendum.#3. • All other terms and conditions of the Agreement shall remain in full force and effect during this extended term. 192 of 432 ADDENDUM NUMBER THREE TO ODOR AND CORROSION CONTROL SERVICES THIS ADDENDUM NUMBER THREE TO THE AGREEMENT, Is made and entered into by and between the COUNTY OF MANATEE, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the "County," with a mailing address at 1112 Manatee Avenue West, Bradenton, FL 34205 and SIEMENS WATER TECHNOLOGIES, hereinafter referred to as the "Contractor", duly authorized to conduct business in the State of Florida, with offices located at 2550 Tallevast Road, Sarasota, FL 34243. WHEREAS, on September 1 i, 2007 the parties hereto entered into an Agreement for Odor and Corrosion Control Services; and WHEREAS, on October 21, 2008 the Board of County Commissioners approved Addendum Number One extending the agreement for one (1) year commencing September 13, 2008 and terminating September 12, 2009; and WHEREAS, on September 15, 2009 the Board of County Commissioners approved Addendum Number Two extending the one (1) year commencing September 13, 2009 and terminating September 12, 2010; and WHEREAS, the Agreement may be amended upon mutual consent of the County and Contractor as evidenced by execution of an addendum; and WHEREAS, the County has determined there is a need to extend the agreement; and NOW THERE, for and in consideration of the mutual benefits to be derived, the parties hereto agree as follows: 1. The term of the agreement is extended commencing September 13, 2010 and terminating September 30, 2011 on an as required basis. No price increases are included in this addendum. 2. The following item is added to Attachment "B" as one of the products that may be purchased: Alk AQVIT- 25 - $1.31 per gallon 3. All other terms and conditions of the Agreement shall remain in full force and effect. 193 of 432 The parties hereto have caused this Addendum Number Three to the Agreement for Odor and Corrosion Control Services to be fully executed, in duplicate, by their authorized representatives. sIEM Ns IAT NOLOGIES B Print Name: Jennifer R. Miller Title: V.P. & General Manager Phone Number: (947)359-7930 COUNTY OF MANATEE, FLORIDA Authority to execute this contract per Manatee County Cade, Chapter 2-28, and per the delegation by the County Administrator effective 1/ 09 Revised 8110/2009. By: �e— 06,v-- R.G. "Rob" Cuthbert, C.P.M., CPPD Purchasing Official 194 of 432 _ `,-XV11tltt4 r. 1Clerk of the circuit Court and Comptroller �4rfft P.O. Box 25400 o dradef m FIM& 34206 a 194 11749.1800 u FAX 19411 741.408Z a Ww.tnaaA=ferkXaM October 11, 2010 TO: Siemens Water Technologies Corp. 2650 Tallevast Road Sarasota FL 34243 FROM: Clerk of Circuit Cou Board R ords D ment Nancy r P. C. Box Bradento 3420 SUBJECT: ODOR AND CORROSION CONTROL SERVICES Approved, In open session by the Board of County Commissioners, Manatee County, Florida on October 7, 2010. cc: Board Records Frank Lambertson, Purchasing njh "Pride in Service with a Vision to the Future" Clerk of CorCUR ono County Cor:rt • Clcrk cf Board of County Comrrris3ionere - County Comp ckC , Auditor and Rnwrdcr 195 of 432 SIEMENS November 1, 2010 Mr. George Peck City of"Boynton Beac_lr 124 East Woolbright Road Boynton Beach, Florida 33435 E-mail: peckg@bbfl.us RE: PIGGYBACK OF MANATEE COUNTY, FLORIDA ODOR AND CORROSION CONTROL SERVICES AGREEMENT Tear George We at Siemens Water- Technologies value the City of Boynton Beach's business and we wish to thank you very much for the opportunity to assist you in addressing odor and corrosion issues in the City's wastewater collection and treatment system. You are currently piggybacking a contract that Siemens has in place with Manatee County for Odor and Corrosion Control Services. The current contract expired on September 12, 2010, but I am very pleased to inform you that Manatee County has exercised the option to renew the contact for another year. I have attached a copy of Addendum Number Three to the Odor and Corrosion Control Services Agreement ("the Agreement"). The Agreement remains the same as the previous year, with no price changes. "Thanks again for the opportunity to be of service. We look forward to continuing to serve the City of Boynton Beach in the years to come. If you have any questions regarding this information or if 1 can be of assistance in any way, please do not hesitate to call (352-804-5706). Sincerely Siemens Water Technologies Dawe. M eCaZlw Dave McCalla. Technical Sales Representative Siemens Water Technologies Corp. 2650 Tallevast Road Tel: (941) 355-2971 Sarasota, FL. 34243 - Fax: (941) 359-7985 WEws"cmons. cnm/cv�tar Page 1 of 1 196 of 432 REQUEST FOR PROPOSAL #07-5835FL ODOR AND CORROSION CONTROL SERVICES Manatee County, a political subdivision of the State of Florida (hereinafter "Manatee County" or the "County") will receive proposals from individuals, corporations, partnerships, and other legal entities authorized to do business in the State of Florida, for the purpose of providing Odor and Corrosion Control Services for the Utility Operations Department. TIMI'- AND DATE DUET Proposals will be received until 4:00 p.m., Tuesday, April 10, 2007, at which time they will be publicly. opened, All interested parties are invited to attend this opening. CONTENTS OF THIS REQUEST POR PROPOSAL: Section A: Information to Proposers pages 2 - 8 Section B: Form of Proposal pages 9-10 Section C: Selection page I I Section D: Negotiation of the Agreement page 12 Section E: Scope of services pages 13 - 14 Proposal Signature Form page 15 Manatee County Rcsolution R-93-22 Attachment A Drug Free Work Place Certification Attachment I3 Environmental Crimes Certification Attachment C Important note: A prohibition of Lobbying has been enacted. Please review paragraph A.17 carefully to avoid violation and possible sanctions. FOR INFORMATION CONTACT: Frank Lambertson, Contracts Negotiator PHONE (941) 749-3042 FAX {941) 749-3034 Manatee County Financial Management Department Purchasing Division AUTHORIZED FOR RELEASE: 197 of 432 RF'P 007-5B35F1. Odor & Co�.nsipn Cmnrni 14 viccs REQUEST FOR PROPOSAL #07-5835FL SECTION A: INFORMATION TO PROPOSERS PROPOSERS MUST COMPLY WITH THE FOLLOWING INSTRUCTIONS 'ro BE CONSIDERED FOR SELECTION. AA01 OPENING LOCATION These proposals will be publicly opened at Manatee County Purchasing, 1112 Manatee Avenue West, 81h Floor, Suite 803, Bradenton, Florida 34205, in the presence of County officials at the time and date stated on the cover sheet. All Proposers or their representatives are invited to attend. A.02 PROPOSAL INFORMATION AND PROPOSAL DOCUMENTS Manatcc County Purchasing Division posts notices of bidding or proposal opportunities and addenda on Onvia DemandStar at http://www.DemandStar.com and on the Purchasing Division's web page at hitt://www.co.manatee.tl.us which can be accessed by clicking on the "Purchasing" button on the left side of the screen and then clicking on the "Bids and Proposals" button. Onvia DemandStar has an Agency level subscription option that allows vendors to download bid or proposal documents and transact business with any one (1) agency for free. Vendors will receive email/fax notices of the agency's formal bid or proposal and informal quote opportunities, at no charge. This includes unlimited downloads/print capabilities for all electronically uploaded files by the agency, at no charge. Agency level subscribers will receive a complimentary subscription to the agency, to be automatically renewed annually. If a vendor chooses to increase the number of agencies beyond their single agency, regular subscription fees will apply. If a vendor chooses to download documents from a bid or proposal outside their agency, they will be charged a $5 download fee. You can register for free email notifications and downloads of Manatee County bids, proposals and addenda from Onvia DemandStar at htt ://onvla.rsco2.ne servlet/website/Res onseForm?h+OE,4Ok LLIinL R t14jZHrnLL9hNUmR, or call DemandStar at 800-331-5537 if you have any questions. NOTICE, AUTOMATED NOTICES OF ADDENDA ARE ISSUED ONLY VIA THE ONVIA DEMANDSTAR "PLANHOLDER" DISTRIBUTION SYSTEM IF YOU OBTAIN A COPY OF THIS PROPOSAL DOCUMENT FROM OTIIER THAN REGISTERING WITH ONVIA DEMANDSTAR WE13 SERVICE FOR THIS SPECIFIC PROPOSAL - YOU SHALL NOT RECEIVE AUTOMATED NOTIFICATIONS OF ADDENDA. F:UUSEW-MC'1084\WPI]uus\RFP\07583511.rfp.dm 31520077:14 AM 198 of 432 RFP N07v835FL Odor & Corms ia, Comr.1 Services A.112 PROPOSAL INFORMATION AND PROPOSAL. DOCUMENTS Continued IT IS THE RESPONSIBILITY OF EACH PROPOSER, PRIOR TO SUBMITTING THEIR PROPOSAL, TO CONTACT THE MANATEE COUNTY PURCHASING OFFICE (see contact information on page one) TO DETERMINE IF ADDENDA WERE ISSUED AND TO MAKE SUCH ADDENDA A PART OF THEIR PROPOSAL. THE COUNTY DOES NOT MAINTAIN MANUAL LISTS OF POTENTIAL BIDDERS, NOR DOES THE COUNTY SUPPLEMENT THE DISTRIBUTION OF ADDENDA. The proposal documents are available in a portable document format (.PDF) files which you may view and print using Adobe Acrobat software. You may download a free copy afthis software (Adobe) from the County's web page ifyou do not have it. Paper eopics of proposal documents may be purchased from DemandStar or by ordering a copy from the Purchasing Office. The cost far copies of bid or proposal documents is established er document and the cost is published as part ofthe specifie bid or proposal's detail, subsection "Legal Ad" on the DemandStar web pages. Tabulation Sheets and Award Document/Recommendations appear on the DemandStar web page. Notices of Source Selections appear on the DemandStar web page when the solicitation was made using this bid or proposal delivery service and the County's web page (Financial Management — Purchasing Division), A public Internet connection to DemandStar is available during regular business hours in the lobby ofthe Purchasing Division. Ifyou have questions which cannot be answered by these sources, please contact the individual named on the first page of the bid or proposal. A,03 PROPOSAL FORM DELIVERY RE UIRGMENTS Any proposals received after the stated time and date will not be considered. it shall be the sole responsibility of the Proposer to have their proposal delivered to the Manatee County Purchasing office for receipt on or before the stated time and date. if a proposal is sent by U.S. Mail, the Proposer shall be responsible for its timely delivery to the Purchasing Office. Proposals delayed by mail shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the Proposer's request and expense. F:\USER%MC1084\WPDocs\RFPN075875R.rfp.doc 315n(X17 9;14 AM 199 of 432 RFP MO7-78351°L Odor & Corrosion Comrol S—irn A.04 CLARIFICATION & ADDENDA Each Proposer shall examine all Request for Proposal documents and shall judge all matlers relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the Request for Proposal shall be made in writing through the Manatee County Purchasing Office. The County shall not be responsible for oral interpretations given by any County employee, representative, or others, Ttic issuance ofa written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addenda are issued to this Invitation for Proposals, the Countywill BROADCAST THE ADDENDA ON ONVIA DEMANDSTAR TO "PLANHOLDERS" IDENTIFIED ON THIS WIE13 SERVICE, however, it shall be the responsibility of each proposer, prior to submitting their proposal, to contact the Manatee County Purchasing Office (see contact information on page 1) to determine if addenda were issued and to make such addenda a part of their proposal. A.05 SLALLD & MARKED Four (4) signed copies of your proposal shall be submitted in one sealed package, clearly marked on the outside "Sealed Proposal 407-5835FL" and addressed to: Manatee County Purchasing 1112 Manatee Avenue West, Suite 803 Bradenton, FL 34205 A.06 LEGAL NAME Proposals shall clearly indicate the legal name, address and telephone number ofthe Proposer (company, firm, partnership, individual). Proposals shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the Proposer to the submitted proposal. AA07 PROPOSAK,_EXPENSES All expenses for making proposals to the County are to be borne by the Proposer. A.08 EXAMINATION OF OFFER The examination of the proposal and the Proposer generally requires a period of not less than ninety (70) calendar days from the date of the opening of the proposals. F:IUCERIM C 1094\wP r—c RPP1075835ildp.d- 3/5!2007914 AM 200 of 432 RFP A07-W5FL Odor & Commit Control Services A.09 DISCLOSURE Upon receipt, responses become "Public Records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes, A,10 RESERVEDRIGHTS The County reserves the right to accent or reject any and/or all proposals, to waive irregularities and technicalities, and to request resubmission. Any sole response received by the first submission date may or may not be rejected by the County, depending on available competition and timely needs of the County. The County reserves the right to award the contract to a responsible Proposer submitting a responsive proposal, with a resulting negotiated agreement which is most advantageous and in the best interests of the County. The County shall be the sole judge of the proposal, and the resulting negotiated agreement that is in its best interest and its decision shall be final. Also, the County reserves the right to make such investigation as it deems necessary to determine the ability of any Proposer to perform the work or service requested. Information the County deems necessary to make this determination shall be provided by the Proposer. Such information may include, but shall not be limited to: current financial statements prepared by an independent CPA; verification of availability of equipment and personnel; and past performance records. A.11 APPLICABLELAWS Proposer must be authorized to transact business in the State ofFlorida. All applicable laws and regulations of the State of Florida and ordinances and regulations of Manatee County will apply to any resulting agreement. Any involvement with any Manatee County procurement shall be in accordance with Manatee County Purchasing Code Ordinance 99- 37, as amended. Any actual or prospective Proposer who is aggrieved in connection with the solicitation or award of a contract may protest to the Board of County Commissioners of Manatee County as required in Section 9-101 ofthe Purchasing Code. A protest with respect to this Request for Proposal shall be submitted in writing prior to_the_scheduled opening date of this proposal unless the aggrieved person did not know and could not have been reasonably expected to have knowledge of the facts giving rise to such protest prior to the scheduled opening date of this proposal. The protest shall be submitted within seven calendar days after such aggrieved person knows or could have reasonably been expected to know of the facts giving rise thereto. Al2 CODE OF ETHICS With respect to this proposal, if any Proposer violates or is a party to a violation of the Code of Ethics of Manatee County per Manatee County Purchasing Code Ordinance 99-37, Article 3. Ethics in Public Contracting, and/or the state of Florida per Florida Statutes, Chapter 112, Part 111, Code of Ethics for Public Officers and Employees, such Proposer may be disqualified from performing the work described in this proposal or from furnishing the F \1J.9PK%MC mR4\WPnocs\RFM075E35 Arrp.doc V5/2007 9:14 AM 201 of 432 RFP 907-s835rt. Otkrc & Corrosion Control Services A.12 CODE OF ETHICS (Continued) goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work or for goods or services for Manatee County. AA13 COLLUSION By offering a submission to this Request for Proposal the Proposer certifies the Proposer has not divulged to, discussed or compared his proposal with other Proposers and has not colluded with any other Proposer or parties to this proposal whatsoever. Also, Proposer certifies, and in the case of a joint proposal, each party thereto certifies, as to their own organization that in connection with this proposal: a, any prices and/or data submitted have been arrived at independently, without consultation, communication or agreement, for the purpose ofrestricting competition, as to any matter relating to such prices and/or cost data, with any other Proposer or with any competitor; b. any prices and/or cost data quoted for this proposal have not been knowingly disclosed by the Proposer prior to the scheduled opening directly or indirectly to any Competitor; c. no attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition; d. the only person or persons interested in this proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this proposal or in the contract to be entered into; and e. no person or agency has been employed or retained to solicit or sceum this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees. A14 PROPOSAL FORMS Proposals must be submitted in the format specified in Section B hereof. Additional support information may be included. Tabs are required to identify each item defined in Section B, Form of Proposal, thereby facilitating expedient review of all responses. A,15 PUBLIC ENTITY CRIMES In accordance with Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not FADS ER'•hIC I 0841N'P❑-ARF171015 B35 n. lrr,dno 3J3Wn7 9:14 AM 202 of 432 aFP N07-583. Odur & Corrosion Cmural 3— A,15 PUBLIC ENTITY CRIMES Continued submit a proposal on a contract with a public entity for the construction or repair of a publi, building or public work, may not submit proposals on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two (as of]/01/2005 is $25,000) for aperiod of 36 months from tate date of being placed on the convicted vendor list. A.16 DRUG FREE WORKPLACE The Manatee County Board of County Commissioners adopted a policy regarding maintaining a Drug Free Work Place, Resolution R-93-22. Proposers are asked to review the attached copy of the Resolution and provide either a certification of compliance with the program outlined in this Resolution or.dcscribe your firm's policy or program as it relates to maintaining a drug free workplace. A Drug Free Work Place Certification is attached to this proposal for this purpose. This response will be considered with the other criteria described herein. AA17 LOBBYING After the issuance of any Request for Proposals or Invitations for Bids, prospective bidders, Proposers or any agent, representative or person acting at the request of such bidder or Proposer shall not contact, communicate with or discuss any matter relating in any way to the Request for Proposals or invitation for Bids with any officer, agent or employee of Manatee County other than the Purchasing Manager or as directed in the Request for Proposals or Invitation for Bids. This prohibition begins with the issuance of any Request for Proposals or invitation for Bids, and ends upon execution of the final contract or when the invitation or request has been canceled. Violators of this prohibition shall be subject to sanctions as provided in the Manatee County Purchasing Code. A.18 PUBLIC CONTRACTING AND ENVIRONMENTAL CRIMES CERTIFICATION In accordance with Ordinance 99-37, adding Article 6, Manatee County Board of County Commissioners adopted a policy prohibiting the award of County contracts to persons, business entities, or affiliate~ of business entities who have not submitted written certifi- cation to the County that they have not been convicted of bribery, attempted bribery, collusion, restraints of trade, price fixing, and violations of certain environmental laws. A Non -Conviction Certification Form is attached for this purpose. F:\US6itLNC I 0S4tW 1'nxstRFP D75835Fl.rrp.dac JJS/I1107 9•• 14 AM 203 of 432 RFV 007-5835FL odur ,a Cu«m � Co n of S— «s &.1.9- > QUAL EMPLOYMENT DPPORTUNITY Manatee County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 and the Regulations of the Department of Commerce (IS CFR, Part B) issued pursuant to such Act, hereby, notifies all prospective Proposers that they will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to participate in response to this advertisement and will not be discriminated against on the grounds of race, color, creed, sex, age or national origin in consideration for an award. A.20 AMERICANS WITH—D-TSABILITIES_ACT The Board of County Commissioners of Manatee County, Florida, does not discriminate upon the basis ofany individual's disability status. This non-discrimination policy involves every aspect of the County's functions including one's access to, participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation for the public meetings specified herein (i.e. Information Conference or Proposal Opening), should contact the person named on the first page of this document at least twenty four (24) hours in advance of the activity. F:\USGRWC 1084\WPD—\RFP\075835n.du.dOC - 3/5r0079: 14 AM 204 of 432 RFP 407.5835FL Odor A Coma ion Control Smim SECTION B: FORM OF PROPOSAL This section identifies specific information which must be included with each response. Each proposal shall be arranged with tabs identifying the response to each specific item. Proposals must contain: B_01 MINIMUM QUALIFICATIONS Proposer must have successfully provided odor and corrosion control services for at least three (3) years in a similar scope identified in this RFP. BB02 ADMTNISTRATIVE SUBMITTAL a. Proposal Signature Form. b. Drug Free Work Place Certification (Attachment B). C. Public Contracting and Environmental Crimes Certification (Attachment C). B.03 TNFORMATION TO BE SUBMITTED a. Description of the firm's background and size, include a statement of qualifications that include the firm's professional crudentials and experience in providing the types of services enumerated in this RFP, Also include a summary of the firm's current workload and evidence to ruflcct they satisfy the County's requirement. b. Identify each principle of the firm and the other "key personnel" who will be professionally associated with the County. Describe their respective arca of expertise. Include personalized resumes which identify the qualifications, training and experience of each key personnel. e. The proposer shall provide aproject team organizational chart and describe the level of involvement anticipated with county staff. Also identify any subcontractors by listing name, address, point of contact and a telephone number. d. Describe the latest processes used that are technically proven and most cost effective means possible. V. Discuss your service/maintenance program. L Provide sample reports of odor and control analysis performed by your firm. g. The proposer shall provide a detailed description of their safety plan to control the environment of the work -site during on-site operations. F'\USER%IC 1084\ W P Daoa\RFP\075835n.rfp.doo 315rr007 9:14 AM 9 205 of 432 RPP 1107.505Fl. Odor & Corrosion Control Services B,_03 TNFOR_MATION TO BE SUBMITTED (Continued) h. A list of all warning notices and agreed upon consent actions levied against facilities within the State of Florida within the last three (3) years you were responsible for. Submit a cost summary for services include: labor rates; equipment/rental equipment; and required chemicals. Submit any other additional information which would assist the County in the evaluation of your proposal. NOTE- The County reserves the right to make such investigation and solicit additional information or submittals as it deems necessary to determine the ability of any Proposer to perform the Scope of Services stated in this Request for Proposal. lz'\LItiER\MCI084\WPDocs\RFP\073U3Sli.rfp.Uoc 9!14 AM 10 206 of 432 RFP #07-5935F I, Odor Ak Corrnslnn Cnmrnl Scrviccv SECTION C: SELECTION C.01 EVALUATION FACTO S Evaluation factors arerp ice and perceived ability of the Proposer to perform the Scope of Services as stated in this Request for Proposal in the most timely and efficient manner, and the proposal s which will overall best meet the needs of Manatee County as determined from the responses to this Request for Proposal and subsequent investigation by the County. C.02 RELATIVE IMPORTANCE OF EVALUATION FACTORS No weight has been assigned to the Evaluation Factors stated above. C.03 PRELIMINARY RANKING A Selection Committee may determine from the response to this Request for Proposal and subsequent investigation as necessary, the Proposers most susceptible of being selected for award. C�04 REVIEW OF PROPOSERS AND PROPOSALS Review shall be conducted with responsible Proposers who may be reasonably susceptible of being selected for award, for the purposes of clarification to assure full understanding of and conformance to the solicitation requirements, the abilities of the Proposer, and the proposal_ submitted. Firms responding to this Request for Proposal shall be available for presentation/interviews, to the Selection Committee and/or Board of County Commissioners upon notification from the Purchasing Office at a time and date detennined by the County. CC05 SELECTION FOR NEGOTIATION The Proposer whose ability and proposal is determined to be the most advantageous to the County, taking into consideration the evaluation factors set forth in this Request for Proposal, shall be recommended to the Board of County Commissioners for authorization to negotiate an agreement for the stated Scope of Services. C06 AWARD Award of an agreement is subject to the successful negotiations and the vote of the Board of County Commissioners to authorize execution of the agreement. F.IUSEK,MC1084\wPDocs\RFP%075t3SIl.riy.doc 3/5/7407 214 AM 207 of 432 aFP 107-58", Odur &Corrosion Cannul S—x.e SECTION D: NEGOTIATION OF THE AGREEMENT D.01 GENERAL The following general terms and conditions apply to the proposal submitted for consideration and the subsequent negotiations: a. The proposal will serve as a basis for negotiating an agreement. b. Upon submission, all proposals become the property of the County which has the right to use any or all ideas presented in any proposal submitted in response to this Request for Proposal whether or not the proposal is accepted. c. All products and papers produced in the course of this engagement become the property of the County upon termination or completion of the engagement. O02 AGREEMENT The sciceted Proposer shall be required to negotiate a formal agreement, in a form acceptable to Manatee County. The Manatcc County hoard of County Commissioners will be presented the negotiated agreement as die best and final offer for consideration of award and execution. The Board of County Commissioners shall determine if award of the agreement is to be: considered; rejected and direct further negotiations; rejected and terminate negotiations; or accepted, authorizing the chairman to execute the agreement. P:\USE PWC 1084\WPD—\RPP\075835fI.rfp.dx 315/70079:14 AM 12 208 of 432 RFP 407-W5FI, Odor & Cons ion Control Scr ices SECTION E: SCOPE OF SERVICES E.01 GENERAL OVERVIEW The intent of the Request for Proposal and resulting contract is to obtain a Contractor to provide Odor and Corrosion Control Services for the Manatee County Utility Operations Department, Lift Station and Treatment Plants Divisions. Thu Contractor shall furnish the necessary personnel, materials, supplies, transportation, services and otherwise do all things necessary to provide Odor and Corrosion Control Services, The Contractor shall provide specific odor/corrosion treatment, related wastewater treatment plant issues/costs, establishing objectives and monitoring programs for odor/corrosion control treatment. F.02 GENERAI. RE0l11REMENTS a. Contractor shall provide the latest technically proven and most cost effective means of treatment possible, Contractor shall provide problem definition, treatment selection and ongoing monitoring process. b. Contractor shall establish a monthly communication link with County personnel as determined by the Wastewater .Division Manager. The County shall have final approval of ongoing odor/corrosion control planning and adjustment process as wastewater collection/treatment systems continue to expand. C. Contractor shall, based upon treatment and budgetary objectives established by the Utility Operations Department, refine and adjust the existing odor/corrosion control program. The program shall include but not be limited to expanding services to wastewater treatment plants and designated pumping stations, adjusting the combination of current odor/corrosion products, and pilot testing additional treatment techniques as particular situations dictates alternative techniques and more cost effective programs. d. Contractor shall provide a service/maintenance program to include routine gathering of dissolved and atmospheric hydrogen sulfide data using portable and fixed devices at key monitoring points. The extent of the data collection will be approved by the Wastewater Division Manager and followed with regular written reports to the County. Contractor shall provide services that include traffic control, safety measures for both the public and workers, and shall coordinate all scheduling with County approval. C, Contractor shall provide an introductory and organizational seminar regarding its services and staff members to the County representatives within thirty (30) days after contract award. F:\USERIMCI094\WFr)oc,\RFP\o75875a.rfp.doc 7/5/2007 9:14 AM 13 209 of 432 RPP NW5MFL Odur h Corruslon Convol services E.02 GENERAL RPOUIREMENTS (Continued f. The Contractor shall hold at least one (1) yearly workshop for a County employees at a County designated location to describe the latest techniques in the odor and corrosion control treatment. An agenda and detailed outline of topics for the workshop shall be provided to the County at least thirty (30) days prior to each workshop as agreed to by the County. g. The Contractor shall work with the County in establishing priorities in performing all work. Contractor shall respond to all calls of odor complaints within six (6) hours. h. The Contractor shall be completely responsible for the control ofthe environment of the work site during on-site operations. All precautions shall be taken by the Contractor to protect the workers, public and County staff from any exposure to harmful or hazardous substances within the sewer system and from dangerous work materials and equipment, i. Contractor shall be fully responsible for the operation of their vehicles and handling of all materials related to the odor and corrosion control services at all locations within the County. j. Contractor shall be fully responsible for conforming to any and all requirements regarding handling, hauling, spill reporting and disposal of chemicals for the control services provided at each County work site in accordance with OSHA regulations and those that may be mandated by Federal or State Governments. k. Contractor shall prepare an annual report detailing the ongoing odor and corrosion control treatment program and any specific odor and control analysis that has been performed. I. Contractor shall inform the County ofits planned work schedule and shall afford the County reasonable opportunity to observe and inspect the Contractor's work in progress. 1n. The Contractor shall provide a safety seminar every six (6) months to selected County employees describing all safety precautions necessary for odor and corrosion control chemicals that are in use and copies of MSDS sheets For those chemicals. F'.\USERIMC 1084\W I-Doc+lR FP\075A35fl.rfp.d0c 3152007 9714 AM 14 210 of 432 RFP p07.5835FL Odor & Corrosion Control Services PROPOSAL SIGNATURE FORM RFP #07-5835171. Mailing Address: Firm Name (-L Telephone Number City, State, Zip Code The undersigned attests to his (her, their) authority to submit this proposal and to bind the firm herein named to perform as per agreement- If the firm is selected by the County the undersigned certifies that he/she will negotiate in good faith to establish an agreement to provide odor and corrosion control services according to the requirements of this RFP 407-5835FL. Signature Witness Signature Date: Date: Name and Title of Above Signer Name and Title of Above Signer Address of any branch office proposed to service Manatee County other than above Name and Title of Firm's Representative for Manatee County Tcicphonc Number of Firm's Representative for Manatce County F1115EmMC 10941WPD—c RFPV175B35tl.rfp.doc 3/5x:0079;14 AM 211 of 432 ATTACHMENT "A" RESOLUTION R-93-22 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, IMPLEMENTING §3-101(7}3(1) OF THE MANATEE COUNTY PROCUREMENT CODE (ORDINANCE 84-02 AS AMENDED) TO ESTABLISH MINIMUM REQUIREMENTS FOR BIDDERS WITH RESPECT TO MAINTAINING A DRUG FREE WORKPLACE; REQUIRING WRITTEN CERTIFICATION TO THE COUNTY OF COMPLIANCE WITH THE REQUIREMENTS ESTABLISHED HEREIN; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Manatee County recognizes that substance abuse is a complex societal problem that continues to threaten the welfare of the residents and community; and WHEREAS, the Board of County Commissioners considers substance abuse on the job to be an unsafe and counter-productive work practice; and WHEREAS, consistent with its policy to promote a safe work environment and encourage personal health for all citizens of Manatee County, the Commission finds it necessary to combat substance abuse in the workplace by promoting education and awareness; and WHEREAS, consistent with the Drug Free Workplace Act (§112.0455, Florida Statutes) and policies applicable to Manatee County employees pursuant to Resolution R-93-10, the Board of County Commissioners ofManatee County has determined that it is necessary and in the best interest of the County to adopt the drug free workplace requirements for persons or entities contracting with Manatee County; and WHEREAS, §3-101(7)8 of the Manatee County procurement Code (Ordinance 84-02, as amended) authorizes the adoption of requirements for maintaining a drug free workplace applicable to persons or entities bidding on contracts with Manatee County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Manatee county, Florida, as follows' Certification Required: No person or entity submitting a bid pursuant to §3-101 shall be awarded or receive a county contract for public improvements, procurement of goods or services (including professional services) or a county lease, franchise, 212 of 432 concession or management agreement, unless such person or entity has submitted a writicn certification to the county that it will provide a drug free workplace by: a_ providing a written statement to each employee notifying such employee that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance as defined in §893.02(4), Florida statutes, as the same may be amended from rime to time, in the person's or entity's workplace is prohibited specifying the actions that will be taken against employees for violation of such prohibition, S uch written statement shall inform employees about: (i) the dangers of drug abuse in the workplace; (ii) the person's or entity's policy of maintaining a drug free environment at all its workplaces, including but not limited to all locations where employees perform any task relating to any portion of such contract, business transaction or grant; (iii) any available drug counseling, rehabilitation, and employee assistance programs; and (iv) the penalties that may be imposed upon employees for drug abuse violations. b. Requiring the employee to sign a copy of such written statement to acknowledge his or her receipt of same and advice as to the specifics of such policy. Such person or entity shall retain the statements signed by its employees. Such person or entity shall also post in a prominent place at all of its workplaces a written statement of it's policy containing the foregoing elements (i) through (iv). C, Notifying the employee in the statement required by subsection 1. that as a condition of employment the employee will: (i) abide by the teruis of the statement; and (ii) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such a conviction, [R93-22> 213 of 432 d. At all times pertinent to the performance of any contract with Manatee County, notify the county within ten (10) days after receiving notice under subsection c. from an employee or otherwise receiving actual notice of such conviction. Imposing appropriate personnel action against such cmployee up to and including termination; or requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. Making a good faith effort to continue to maintain a drug free workplace through implementation of sections a, through e. of this subsection, 2. Severability. If any part, section, subsection, or other portion ofthis Resolution, or any application thereof to any person or circumstances declared to be void, unconstitutional, or invalid for any reason, such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Resolution, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. 3. Effective Date. This Resolution shall take effect ninety (90) days after adoption by the hoard of County Commissioners. ADOPTED in open session by a majority of the duly elected Board of County Commissioners of Manatee County, Florida, this 2nd day of February, 1993. ORIGINAL DOCUMENT SIGNED BY BOARD OF COUNTY COMMISSIONERS CHAIRMAN MS. LARI ANN HARRIS ON FEBRUARY 2, 1993 AND IS ON FILE AT MANATEE COUNTY CLERK'S OFFICE. <R93-22> 214 of 432 <R93-22> A'FTACFIMENT "B" Drug Free Work Place Certification SWORN STATEMENT PURSUANT TO RESOLUTION R-01.36 SF..CTtON 4, E(1) (a) M ANA'rEE COUNTY RIIRCHASING POLICIES. ON DRUG FREE WORK PLACES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to the Manatee County Board of County Commissioners by For whose business address is: [print individual's name and title] [print name of enpty submitting sworn statement] and (if applicable) its Federal Employer Identification Number (FEIN) is (I£the entity has no FEIN, include the Social SecurityNumber of the individual signing this sworn statement: I understand that no person or entity shall be awarded or receive a county contract for public improvements, procurement oFgoods or services (including professional services) ora county lease, franchise, concession or management agreement, or shall receive a grant of countymonies unless such person or entity has submitted a written certification to the County that it will provide a drug free work place by: (1) providing a written statement to oath employee notifying such employee that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance as defined by §993.02(4), Florida Statutes, as the same may be amended from time to time, in the person's or entity's work place is prohibited specifying the actions that will be taken against employees For violation of such prohibition. Such written statement shall inform employees about: (i) the dangers of drug abuse in the work place; (ii) the person's or entity's policy of maintaining a drug free environment at all its work places, including but not limiled to all locations where employees perform any task relating to any portion of such contract, business transaction or grant; (iii) any available drug counseling, rehabilitation, and employee assistance programs; and (iv) the penalties that may be imposed upon employees for drug abuse violations. (2) RerluiringtheempinytttoSign8MPyOfsuchwrittenstatementtoacknowledgehisorherreceiptofsamc and advice as to the specifics of such policy. Such person or entity shall retain the statements signed by its employees. Such person or entity shall also post in a prominent place at all of its work places a written statement of its policy containing the foregoing elements (i) through (iv), (3) Notifying the employee in the statement required by subsection (1) thal as it condition of employment the employee will: (i) abide by the terms of the statement; and (ii) notify the employer of any Criminal drug statute conviction for a violation occurring in the work place no later than Gvc (5) days after such a conviction. t➢RVGk REE.FRM Revi.aed 2/13/06 215 of 432 (4) Notifying the County within ten (10) days after receiving notice under subsection (3) from an employee or otherwise receiving actual notice of such conviction. ' (5) Imposing appropriate personnel action against such employee up to and including terminatimorrequiring such employee to satisfactorily participate !it a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. (6) Making a good faith effort to continue to maintain a drug free work place through implementation of sections (I) through (5) stated above. i UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTfNO OFFICER FOR MANATEE COUNTY IS VALIV I HROUGH OECEMSHR 31 OF THE CALENDAR YEAR IN WHICH. IT IS FILED, I ALSO UNDERSS'ANI? THA- ANY CONTRACT OR BUSINESS TRANSACTION SHALL PROVIDE FOR SUSPENSION OF PAYMENTS, OR TERMINATION. OR BOTH, IF THE CONTRACTING OFFICER OR THE COUNTY ADMINISTRATOR DETERMINES THAT: (1) Such persnn or entity has made false certification. (�} Such person or entity violates such certification byfailingtocarryouttherequirements ofsections(1). (2), (3), (4), (5), or (6) or Resolution R-01-36 Section 4, E (1) (a) or (3) Such a number of employees of such person or entity have been convicted of[+iolations occurring in the work place as to indicate that such person or entity has failed to make a good faith effort to provide a drug free work place as required by Resolution P-01.36 Section 4, E (1) (a). [Signature] STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this day of , 209_,_ by Personally known OR Produced identification_ [Type of identification] Notary Public Signature [Print, type or stamp Commissioned name ofNotary Public] t DRUGFRF.F.FRM kevised 2/13/06 My commission expires 216 of 432 ATTACHMENT "C" PUBLIC CONTRACTING AND ENVIRONMENTAL CRIMES CERTIFICATION SWORN STATEMENT PURSUANT TO ARTICLE 6, MANATEE COUNTY PURC14TNG CODE THIS FORM MUST BE SIGNED AND SWORN TO INTHE PRESENCE OFA NOTARY PUBLIC OROTIIEROFFICIAL AUTHORIZED 1"0 ADMINISTER OATHS. This sworn statement is submitted to the Manatee County Board of County Commissioners by [print individual's flame and title] [print name of entity submitting sworn whose business address is: and (if applicable) its Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number ofthe individual signing this swum statement:._ I understand that no person or entity shad I be awarded or receive a county contract for public improvements, procurement of goods or services (including professional services) ora county lease, franchise, concession ormanagernem agreement, orshall receive a grant of county monies unless such person or entity has submitted a written certification to the County that it has not: (1) been convicted of bribery or attempting to bribe a public officer oremployee of Manatcc County, the State of Florida, or any other public entity, including, but not limited to the Government of the United Slates, any state, or any local government authority in the United States, in that officer's or cmployco's official capacity; or (2) been convicted of an agreement or collusion among bidders or prospective bidders in restraint of freedom of competition, by agreement to bid a fixed price, or otherwise; or (3) been convicted of a violation of an environmental law that, in the sole opinion of the County's Purchasing Director, reflects negatively upon the ability of the person or entity to conduct business in a responsible manner; or (a) made an admission ofguilt ofsuch conduct described in items (1), (2) or (3) above, which is a matter of record, but has not been prosecuted for such conduct, or has made an admission of guilt of such conduct, which is a matter of record, pursuant to formal prosecution. An admission of guilt shall be construed to include a plea ofnolo contendere; or (5) where an officer. official, agent or employee of a business entity has been convicted of or has admitted guilt to any of the crimes set forth above on behalf of such and entity and pursuant to the direction or authorization of an official thereof (including the person committing the offense, iF he is an official of the business entity), the business shall be chargeable with the conduct herein above set forth. A business entity shall be chargeable with the conduct of an affiliated entity, whether wholly owned, partially owned, or one which has common ownership or a common Board of Directors. For purposes of this Form, business entities are affiliated if, directly or indirectly, one business entity controls or has the power to control another business entity, or if an individual or group of individuals controls or has the power to control both entities. Indicia of control shall include, without limitation, interlocking management or ownership, identity of interests among family members, shared organization of a business entity following the ineligibility of a business entity under this Article, or using substantially the same management, ownership or principles as the ineligible entity. CENVCR1M1E.FRM% 217 of 432 Any person or entity who claims that this Article is inapplicable to him/her/it because a conviction or judgement has been reversed by a courtof competent,jurisdicticn, shall prove the same with documentation satisfactory to the County's Purchasing Director. Upon presentation of such satisfactory proof, the person or entity shall be allowed to contract with the County. I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR MANATEE COUNTY IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH 1T IS FILED. I ALSO UNDERSTAND THAT ANY CONTRACT OR BUSINESS TRANSACTION SHALL PROVIDE FOR SUSPENSION OF PAYMENTS, OR TERMINATION, OR BOTH, IF THE CONTRACTING OFFICER GR THE COUNTY ADMINISTRATOR DETERMINES THAT SUCH PERSON OR ENTITY HAS MADE FALSE CERTIFICATION. STATE OF FLORIDA CMIN'CY OF Sworn to and subscribed before me this Personally known [Signature] day of , 20_ by OR Produced identification [Type of identification] My commission expires Notary Public Signature [Print, type or stamp Commissioned name of Notary Public] Signatory Requirement - In the case of a business entity other than a partnership or a corporation, this affidavit shall be executed by an authorized agent of the entity. In the case of a partnership, this affidavit shall be executed by the general partner(s). In the case of a corporation, this affidavit shall be executed by the corporate president. [s.NVCRIME.FRM> 218 of 432 SIEMENS Water ToOnologles Telephone 1 (941)355-2971 Siem water Yecnnmaales. 2050 YYllayast Rd,. Sara OW FL 36243 Fax 1 (941) 351-4756 Internet w .siernens.comlwater SIEMENS WATER TECHNOLOGIES RESPONSE TO MANATEE COUNTY UTILITIES RFP #07-5835FL ODOR AND CORROSION CONTROL SERVICES SUBMITTED APRIL 10, 2007 Appro,ed by; Robert Tatum, P.F. Senior Vice President. Odor Control Segment 219 of 432 SIEMENS Water Technologies .0k Telephone 1 (841)355-2971 sl.... wFax 1 (841) 351-4758 Internal www.siemens.conVwater April 10, 2007 Mr. Frank Lembertson, Contracts Negotiator Manatee County Financial Management Department, Purchasing Division 1 112 Manatee Ave. West, 81h Floor Suite 803 Bradenton, FL 34205 RE: REQUEST FOR PROPOSAL NO. 07-5835FL ODOR AND CORROSION CONTROL SERVICES Dear Mr. Lambertsan: Siemens Water Technologies Odor Control Group sincerely appreciates the opportunity to participate in the above -referenced Request for Proposals. Siemens Water Technologies Corp. provides odor and corrosion control products and services to water and wastewater utilities around the world from our Odor Control Group headquarters right here in Manatee County. We are pleased to be a valued partner of our hometown utility and we are proud to be a part of what makes Manatee County such a great place to live. For over 25 years Siemens Water Technologies Corp. has successfully helped Manatee County control wastewater odors and protect wastewater infrastructure from corrosion. Together, our prompt and thorough response to odor and corrosion issues has maintained customer and neighbor satisfaction and protected the integrity of the wastewater collection system. As partners, we have avoided the high profile odor and infrastructure failure events that have affected other utilities. Our partnership has also provided benefits to Manatee County and to Slemens through technical innovation. Because of our relationship and the proximity of our headquarters to Manatee County facilities, many Siemens Water Technologies innovations are first applied here, giving Manatee County the first benefit of improved performance and reduced costs of treatment. The benefits of this partnership were recently recognized by the Water Environment Federation which selected a technical paper co-authored by Manatee County and Siemens personnel for presentation at WEFTEC 2007 in San Diego, California. This paper will share with the international wastewater community the innovative work on digester sulfide control conducted by Manatee County and Siemens at the Southwest Water Reclamation Facility, 220 of 432 SIEMENS mv� We at Siemens Water Technologies are constantly striving to improve our products, service, and overall value to Manatee County. As you review our proposal, we would like to encourage you to pay special attention to the following items which we feel add particular value to Manatee County: • Since our last proposal in 2003 costs have increased dramatically, particularly those of petroleum-based raw materials used in our polyethylene and FRP process equipment and fuel needed for service and chemical delivery vehicles. Despite these cost increases, we have made every effort to minimize the cost impact on Manatee County. The pricing we have proposed includes a volume discount off of our list pricing, based on our sales volume with the County. Based on current Manatee County expenditures with Siemens Water Technologies, the County's volume is over double that which is required to remain in the pricing range proposed. However, in the event the County's volume should drop below the threshold values, additional surcharges would apply. Please see Section 11, Cost Summary, for details. In the past, we have offered pricing for vapor -phase odor control devices on a product/technology basis (i,e., price X for a chemical scrubber, price Y for a biofilter, etc.). In an effort to provide greater flexibility to Manatee County, we have included pricing on an application basis (i.e., price based on air flow rate and sulfide loading). This gives greater flexibility to apply the Best Available Control Technology (BACT) to each application and provides the ability to easily r apply new technologies as they become available. The Request for Proposal document has no pre -defined contract term. Siemens proposes that the contract be subject to indefinite annual renewals by mutual consent of both parties with all contract prices adjusted annually in accordance with the Consumer Price Index (CPI). Thanks again for the opportunity to be of service, Mr. Lambertson. We eagerly look forward to a continued partnership with Manatee County. Should you have any questions regarding our proposal or if I can be of assistance in any way, please do not hesitate to call me at 928-0453, Sincerely, SIEMENS WATER TECHNOLOGIES CORP. v Vaughan Harshman, P.E. Sales Representative Encl. r 221 of 432 SIEMENS �^ Table of Contents Section Description ................. 1 rw._...._..__�......._.... ._...__...... ....... __.............. ... __ ._........._._. Administrative Submittal W 2 References 3 Minimum Qualifications & Background 4 Key Personnel 5 Project Organizational Chart 6 Odor & Corrosion Control Processes 7 Service & Maintenance Program 8 Sample Reports 9 Safety Plan 10 Warning Notices 11 Cost Summary 12 Additional Information 40, 222 of 432 na OW REQUEST FOR PROPOSAL #07-5835FL ODOR AND CORROSION CONTROL SERVICES Manatee County, a political subdivision ofthc State of Florida (hereinafter "Manatee County" or the "County") will receive proposals from individuals, corporations, partnerships, and other legal entities authorized to do business in the State of Florida, for the purpose of providing Odor and Corrosion Control Services for the Utility Operations Department. TIME AND DATE DUE: Proposals will be received until 4:00 p.m., Tuesday, April 10, 2007, at which time they will be publicly opened. All interested parties are invited to attend this opening. CONTENTS OF THIS REQUEST FOR PROPOSAL: Section A: Information to Proposers pages 2 - 8 Section B: Foran of Proposal pages 9-10 Section C: Selection page I 1 Section D: Negotiation of the Agreement page 12 Section E: Scope of Services pages 13- 14 Proposal Signature Form page 15 Manatee County Resolution R-93-22 Attachment A Drug Free Work Place Certification Attachment B Environmental Crimes Certification Attachment C Important nate: A prohibition of Lobbying has been enacted. Please review paragraph A,17 carefully to avoid violation and possible sanctions, FOR INFORMATION CONTACT: Frank Lambenson, Contracts Negotiator PHONE (941) 749.3042 FAX {941) 749.3034 Manatee County Financial Management Department Purchasing Division AUTHORIZED FOR RELEASE: 223 of 432 r R FP 007.593SFL niw & Certoslan Control Services REQUEST FOR PROPOSAL 407-5835FL SECTION A: INFORMATION TO PROPOSERS PROPOSERS MUST COMPLY WITH THE FOLLOWING INSTRUCTIONS TO BE CONSIDERED FOR SELECTION, AA,,01 QPENING LOCATION These proposals will be publiclyopened at Manatee County Purchasing, 1112 Manatee Avenue West, 8th Floor, Suite 803, Bradenton, Florida 34205, in the presence of County officials at the time and date stated on the cover sheet. All Proposers or their representatives are invited to attend, ':�'a IJ ■tu: Y :J0 .9 0 be t Manatee County Purchasing Division posts notices of bidding or proposal opportunities and addenda on Onvia Demand5tar at http://www.DemandStar.rom and on the Purchasing Division's web page at hLp://www.co.manatee.fl.us which can be accessed by clicking on the "Purchasing" button on the left side of the screen and then clicking on the "Bids and Proposals" button. Onvia DemandStar has an Agency level subscription option that allows vendors to download bid or proposal documents and transact business with any one (1) agency for free. Vendors will receive email/fax notices of the agency's formal bid or proposal and informal quote opportunities, at no charge. This includes unlimited downloads/print capabilities for all electronically uploaded files by the agency, at no charge. Agency level subscribers will receive a complimentary subscription to the agency, to be automatically renewed annually. If a vendor chooses to increase the number of agencies beyond their single agency, regular subscription fees will apply. If a vendor chooses to download documents from a bid or proposal outside their agency, they will be charged a $5 download fee, You can register for free email notifications and downloads of Manatee County bids, proposals and addenda from Onvia DemandStar at htto:// nvice.rsc02.ncUscrvleVwebsite/ResnonseFonn?he0E.40kLLHnLRJR fH¢HmLL9hNemR. or call DemandStar at 800-331-5537 if you have any questions. NOTICE. AUTOMATED NOTICES OF ADDENDA ARE ISSUED ONLY ViA THE ONVIA DEMANDSTA R "PLANHOLDER" DISTRIBUTION SYSTEM IF YOU OBTAIN A COPY OF THIS PROPOSAL DOCUMENT FROM OTHER THAN REGISTERING WITH ONVIA DEMANDSTAR WED SERVICE FOR THIS SPECIFIC PROPOSAL - YOU SHALL NOT RECEIVE AUTOMATED NOTIFICATIONS OF ADDENDA, F:\USER\MC t 084%WPD.s%RFP1075 Rj511.rfp.d- 3/5/1007 9:14 AM 224 of 432 UP 001"$93M. Odor & Corrosion conoid S—ecs AM PROPOSAL. INFORMATION AND PROPOSAL DOCUMENTS (Continued] ITIS THE RESPONSIBILITY OF EACH PROPOSER, PRIOR TO SUBMITTING THEIR PROPOSAL, TO CONTACT THE MANATEE COUNTY PURCHASING OFFICE (see contact information on page one) TO DETERMINE IF ADDENDA WERE ISSUED AND TO MAKE SUCH ADDENDA A PART OF THEIR PROPOSAL. THE COUNTY DOES NOT MAINTAIN MANUAL LISTS OF POTENTIAL BIDDERS, NOR DOES THE COLNITY SUPPLEMENT THE DISTRIBUTION OP ADDENDA. The proposal documents are available in a portable document format (.PDF) files which you may view and print using Adobe Acrobat software. You may download a free copy of this software (Adobe) from the County's web page if you do not have it. Pier conies ofproposal documents may be purchased from DemandStar or by ordering a copy from the Purchasing Office. Mir cost for opirs ollbid-oral doruments is c r docuracrit and the cost is published as part of the specific bid or proposal's derail, subsection "Legal Ad" on the DcrnandStar web pages. Tabulation Sheets and Award Document(Recommendations appear on the DemandStar web 001, past. Notices of Sou rce Selections appear on the DemandStar web page when the solicitation was made using this bid or proposal delivery service and the County's web page (Financial Management — Purchasing Division). A public Internet connection to DemandStar is available during regular business hours in the lobby of the Purchasing Division. If you have questions which cannot be answered by these sources, please contact the individual named on the first page of the bid or proposal, PROPOSAL FORM DELIVERY REOUIREMENTS Any proposals received after the stated time and date will not be considered. It shall be the sole responsibility of the Proposer to have their proposal delivered to the Manatee County Purchasing office for receipt on or before the slated time and date. Ifa proposal is sent by U.S. Mail, the Proposer shall be responsible for its timely delivery to the Purchasing Office. Proposals delayed by mail shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the Proposer's request and expense. F:WS ERWC1014iWPQ.AKFM75A35n.rfp,d— 3132007 V 1 AM 225 of 432 RFP r07.5335F1, Odor & Cortosim ConVGl Services AA04 CLARIFICATION&ADDENDA Each Proposer shall examine all Request for Proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the Request for Proposal shall be made in writing through the Manatee County Purchasing Office. The County shall not be responsible for oral interpretations given by any County employee, representative, or others, The issuance of written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addenda are Issued to this Invitation for Proposals, the County will BROADCAST THE ADDENDA ON ONVIA DEMANDSTAR TO "PLANIIOLDERS" IDENTIFIED ON THIS WEB SERVICE, however, it shall be the responsibility of each Proposer, prior to submittinn their proposal, to contact the Manatee County Purchasing Office (see contact information on page 1) to determine if addenda were issued and to make such addenda a part Of their proposal. A_05 SEALED & MARKED Four (4) signed copies of your proposal shall be submitted in one scaled package, clearly AV, marked on the outside "Sealed Proposal #07-5835FI," and addressed to: Manatee County Purchasing 1112 Manatee Avenue West, Suite 803 Bradenton, FL 34205 LEGAL N Proposals shall clearly indicate the legal name, address and telephone number ofthe Proposer (company, firm, partnership, individual). Proposals shall be signed above the typed or printed name and Citic ofthe signer. The signer shall have the authority to bind the Proposer to the submitted proposal. A�07 PROPOSAL EXPENSES All expenses for making proposals to the County are to be home by the Proposer. �� �R 11 ; �► � � 1. The examination of the proposal and the Proposer generally requires a period of not less than ninety (90) calendar days from the date of the opening of the proposals. F:%USEPVAC10541Wf Lws RFM75935n.rfp.dw 7/58007 9:14 AM 226 of 432 r, NFP H07-5835FL Odor a Corm m Control smica A.09 DISCLOSURE Upon receipt, responses become "Public Records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. AA10 RESERVED RIGHTS The County reserves the right tq accept gr rejeci any and/or all proposals, to waive irregularities and technicalities, and to request resubmission. Any sole response receivcd by the first submission date may or may not be rejected by the County, depending on available competition and timely needs of the County. The County reserves the tight to award the contract to a responsible Proposer submitting a responsive proposal, with a resulting negotiated agreement which is most advantageous and in the best interests of the County. The County shall be the sole judge of the proposal, and the resulting negotiated agreement that is in its best interest and i is decision shall be final, Also, the County reserves the right to make such investigation as it deems necessary to determine the ability of any Proposer to perform the work or service requested. Information the County deems necessary to make this determination shall be provided by the Proposer. Such information may include, but shall not be limited to: current financial statements prepared by an independent CPA; verification of availability of equipment and personnel; and past performance records. A.11 APPLICABLE LAWS Proposer must be authorized to transact business in the State of Florida. All applicable laws and regulations of the Stale of Florida and ordinances and regulations of Manatee County will apply to any resulting agreement. Any involvement with any Manatee County procurement shall be in accordance with Manatee County Purchasing Code Ordinance 99- 12, as amended. Any actual or prospective Proposer who is aggrieved in connection with the solicitation or award of a contract may protest to the Board of County Commissioners of Manatee County as required in Scetion 9-101 of the Purchasing Code. A protest with respect to this Request for Proposal shall be submitted in writing prior ILIho scheduled Mning date o£thfs oronosal, unless the aggrieved person did not know and could not have been reasonably expected to have knowledge of the facts giving rise to such protest prior to the scheduled opening date of this proposal. The protest shall be submitted within seven calendar days after such aggrieved person knows or could have reasonably been expected to know of the facts giving rise thereto. 4 12 MU OF ETHICS With respect to this proposal, if any Proposer violates or is a party to a violation ofthe Code of chits of Manatee County per Manatee County Purchasing Code Ordinance 99-37, Article 3, Ethics in Public Contracting, and/or the state of Florida per Florida Statutes, Chapter 112, Pan 111, CodeofEthies for Public Officers and Employees, such Proposermay dr be disqualified from performing the work described in this proposal or from furnishing the F!"FR\MC 1094 WPD-9 FM75835n.rfp.do 3/5130079.14 AM 227 of 432 r RFP ND7.5935FL o" k co"Wi A C -l'.1 S—i— A,]2 CODE OLETI-UQ (Continued) goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work or for goods or services for Manatee County. AI3 COLLUSION By offering a submission to this Request for Proposal the Proposer certifies the Proposer has not divulged to, discussed or compared his proposal with other Proposers and has not colluded with any other Proposer or parties to this proposal whatsoever. Also, Proposer certifies, and in the case of a joint proposal, each parry thereto certifies, as to their own organization that In connection with this proposal: a, any prices and/or data submitted have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices and/or cost data, with any other Proposer or with any competitor; b. any prices and/or cost data quoted for this proposal have not been knowingly disclosed by the Proposer prior to the scheduled opening directly or indirectly to any r competitor; C. no attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition; d. the only person or persons interested in this proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this proposal or in the contract to be entcrcd into; and C. no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona tide employees. •i '15WOU Proposals must be submitted in the format specified in Section B hereof. Additional support information may be included. Tabs are required to identify each item defined in Section B, Form of Proposal, thereby facilitating expedient review of all responses. A.I S P LIC ENTITY CRIMES In accordance with Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not r submit a proposal on a contract to provide any goods or services to a public entity. may not F:VJ5 ERWC l 3/5/1007 9:19 AM 228 of 432 j Awl RFP 9074813 FL Gd- & Corrosion Conual Smk. 6.Ji P_UBLIC_ENTITY CRIMES (Continued) submit a proposal on a contract with a public entity for the construetion or repair of a public building or public work, may not submit proposals on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 267.017 far Category Two {as of 1 /01 /2005 is $25,000) fora period of 36 months from the date of being placed on the convicted vendor list. A_Ib DRUG PREF WORK PLACE The Manatee County Board of County Commissioners adopted a policy regarding maintaining a Drug Free Work Place, Resolution R-93-22. Proposers are asked to review the attached copy of the Resolution and provide either a certification of compliance with the program outlined in this Resolution or describe your firm's policy or program as it relates to maintaining a drug free workplace. A Drug Free Work Place Certification is attached to this proposal for this purpose. This response will be considered with the other criteria described herein. A.17LO55MG After the issuance of any Request for Proposals or Invitations for Bids, prospective bidders. Proposers or any agent, representative or person acting at the request of such bidder or Proposer shal I not contact, communicate with or discuss any matter relating in any way to the Request for Proposals or invitation for Bids with any officer, agent Or employee ofManatec County other than the Purchasing Manager or as directed in the Request for Proposals or Invitation for Bids. This prohibition begins with the issuance of any Request for Proposals or Invitation for Bids, and ends upon execution ofthe final contract or when the invitation or request has been canceled. Violators of this prohibition shall be subject to sanctions as provided in the Manatee County Purchasing Code, Ail &SLIC CONTRACTING AND ENVIRONMENTAL CRIMES r.ERTIFICATION In accordance with Ordinance 99-37, adding Article 6, Manatcc County Board of County Commissioners adopted a policy prohibiting the award of County contracts to persons, business entities, or affiliates of business entities who have not submitted written certifi- cation to the County that they have not been convicted of bribery, attempted bribery, collusion, restraints of trade, price fixing, and violations of certain environmental laws. A Non -Conviction Certification Form is attached for this purpose. F:WSE1tWC1o841WPI)MS%FPW935n,rfp.dm 315r10019: 14 AM 229 of 432 F�di r, RPP "I ..]SFL Odor ee C—inn c..tW Smien A.1� EQUAL EMPLOYMENT OPPORTUNITY Manatee County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all prospective Proposers that they will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opporttmity to participate in response to this advertisement and will not be discriminated against on the grounds of race, color, creed, sex, age or national origin in consideration for an award. A_20 AMERICANS WITH DISABILITIES ACT The Board of County Commissioners of Manatee County, Florida, does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the County's functions including one's access to, participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation for the public meetings specified herein (i.e. Information Conference or Proposal Opening), should contact the person named on the first page of this document at least twenty four (24) hours in advance of the activity. F1nSER\MC 10941WPoo ,XKFPN75E35R.rrp.d. 3/512007 9:14 AM 230 of 432 Qi AP, "FP N0..5175FL 0. h c.—;.n Conrrnl Smiw SECTION $CORM OF PROPOSAL This section identifies specific information which must be included with each response. Each proposal shall be arranged with tabs identifying the response to each specific item. Proposals must contain: B.01 MINIMUM OU'ALIFICATIONS Proposer must have successfully provided odor and corrosion control services for at least three (3) years in a similar scope identified in this RFP, B_02 ADMINISTRATfVE SUBMITTAL a, Proposal Signature Form. b. Drug Free Work Place Certification (Attachment B). C. Public Contracting and Environmental Crimes Certification (Attachment C). $.D3 fNFORMATION TO BE SUBMITTED a. Description of the firth's background and size, include a statement of qualifications that include the firm's professional credentials and experience in providing the types of services enumerated in this RFP. Also include a summary of the firm's current workload and evidence to reflect they satisfy the County's requirement. b. Identify each principle of the firm and the other "key personnel" who will be professionally associated with the County. Describe their respective area of expertise. Include personalized resumes which identify the qualifications, training and experience of each key personnel. C. The proposer shall provide a project team organizational chart and describe the level of involvement anticipated with county staff. Also identify any subcontractors by listing name, address, point ofcontact and a telephone number. d. Describe the latest processes used that are technically proven and most cost effective means possible. C, Discuss your service/maintenance program. f. Provide sample reports of odor and control analysis performed by your firm, g. The proposer shall provide a detailed description of their safety plan to control the environment of the work -site during on-site operations. F:W SkR\MC 1054riWFDOOORFPW75805t1.rfp.dw 015/5007714 AM 9 231 of 432 RFP U07-5935FL Odor & CWWiON Comrol Services SA3 INFORMATION TO BE SUBMITTED (Ixgntinued) h. A list of all waming notices and agreed upon consent actions levied against facilities within the State of Florida within the last three (3) years you were responsible for. Submit a cost summary for services include: labor rates; equipment/rental equipment; and required chemicals. Submit any other additional information which would assist the County in the evaluation of your proposal. NOTE: The County reserves the right to make such investigation and solicit additional information or submittals as it deems necessary to determine the ability of any Proposer to perform the Scope of Services stated in this Request for Proposal. F:1115ERVdC10r��WPDociVtF'PA75r75n.tfy.dx 315/10079'I4 AM 10 232 of 432 RFP K07•S8 35F L Gder & C-01im Control services SECTION C: SELECTION 9.0I EVALUATION FACTORS Evaluation factors are price and perceived ability of the Propose to perform the Scope of Services as stated in this Request for Proposal in the most timely and efficient manner, and the m o s which will overall best meet the needs of Manatee County as determined from the responses to this Request far Proposal and subsequent investigation by the County. CCO2 RELATIVE IMPQRTANCfi_OF EVALUATION FACTORS No weight has been assigned to the Evaluation Factors stated above. C.03 PREL)MfNARYRANKrNG A Selection Committee may determine from the response to this Request for Proposal and subsequent investigation as necessary, the Proposers mostsusceptible of being selected for award. C.04 REVIEW OF PROPOSERS AND PROPOSAIS Review shall be conducted with responsible Proposers who may be reasonably susceptible of Av� being selected for award, for the purposes ofclarification to assure full understanding ofand conformance to the solicitation requirements, the abilities of the Proposer, and the proposal submitt r Firms responding to this Request for Proposal shall be available for presentation/interviews, to the Selection Committee and/or Board of County Commissioners upon notification from the Purchasing Office at a time and date determined by the County. C.05 SELECTION FOR NEGOTIATION The Proposer whose ability and proposal is determined to be the most advantageous to the County, taking into consideration the evaluation factors set forth in this Request for Proposal, shall be recommended to the Board of County Commissioners for authorization to negotiate an agreement for the stated Scope of Services, CAfi AWA Award of an agreement is subject to the successful negotiations and the vote of the Board of County Commissioners to authorize execution ofthe agreement. F:.USERWC irl 06',WPDa \UPW75t351I.rfpAd 3W2009:14 AM I1 233 of 432 AFP 107•SOWL Odor & comion control S—i— AV'' SECTION D: NEGOTIATION OF THE AGREEMENT D.J GENERA The following general terms and conditions apply to the proposal submitted for consideration and the subsequent negotiations; a. The proposal will serve as a basis for negotiating an agreement. b. Upon submission, all proposals become the property of the County which has the right to use any or all ideas presented in any proposal submitted in response to this Request for Proposal whether or not the proposal is accepted. C, All products and papers produced in the course of this engagement become the property of the County upon termination or completion of the engagement. DD02 AGREEM>yl YT The selected Proposer shall be required to negotiate a formal agreement, in a form acceptable to Manatee County. The Manatee County Board of County Commissioners will be presented the negotiated OPI agreement as the; best and filial offer for consideration ofaward and execution. The Board of County Commissioners shall determine if award of the agreement is to be: considered; rejected and direct further negotiations; rejected and terminate negotiations; or accepted, authorizing the chairman to execute the agreement. F-WSERWCI owwPPa<sarm75855n.rrp.do 7f5r2M1!14 AM 12 234 of 432 RFP p07.59WL Odor R Corrosion Control Srnixs SECTION E: SCOPE OF SERVICES E.01 GENERAL OVERVIEW The intent of the Request for Proposal and resulting contract is to obtain a Contractor to provide Odor and Corrosiot7 Control Services for the Manatee County Utility Operations Department, Lift Station and Treatment Plants Divisions. The Contractor shall fumish the necessary personnel, materials, supplies, transportation, services and otherwise do all things necessary to provide Odor and Corrosion Control Services. The Contractor shall provide specific odor/corrosion treatment, related wastewater treatment plant issues/costs, establishing objectives and monitoring programs for odor/corrosion control treatment. GENERAL_UWIREMENTS a. Contractor shall provide the latest technically proven and most cost effective means of treatment possible. Contractor shall provide problem definition, treatment selection and ongoing monitoring process. b. Contractor shall establish a monthly communication link with County personnel as determined by the Wastewater Division Manager. The County shall have final approval of ongoing odorleorrosion control planning and adjustment process as wastcwater collection/treatmcnt systems continue to expand. C. Contractor shall, based upon treatment and budgetary objectives established by the Utility Operations Department, re£mc and adjust the existing odor/corrosion control Program. The program shall include but not be Iimited to expanding services to wastewater treatment plants and designated pumping stations, adjusting the combination of current odorlcorrosion products, and pilot testing additional treatment techniques as particular situations dictates alternative techniques and more cost effective programs. d. Contractor shall provide a service/maintenance program to include routine gathering of dissolved and atmospheric hydrogen sulfide data using portable and Fixed devices at key monitoring points. The extent of the data collection will be approved by the Wastewater Division Manager and followed with regular written reports to the County. Contractor shall provide services that include traffic control, safety measures for both the public and workers, and shall coordinate all scheduling with County approval. e. Contractor shall provide an introductory and organizational seminar regarding its services and staffmembers io the County representatives within thirty (30) days ager contract award. r:ItJSERWC10tlg1WPAas1RFP107S87511.rfp.do4 7/3120019:14 Ant 235 of 432 RFP Yo7•SMFL Oder & Conmi. Cornu) Services r E.62 GENERAL REQUIREMENTS (Continued) f. The Contractor shall hold at least one (1) yearly workshop for a County employees at a County designated location to describe the latest techniques in the odor and corrosion control treatment. An agenda and detailed outline of topics for the workshop shall be provided to the County at least thirty (30) days prior to each workshop as agreed to by the County. g. The Contractor shall work with the County in establishing priorities in performing all work. Contractor shall respond to all calls ofodor complaints within six (6) hours. h. The Contractor shall he completely responsible for the control ofthc environment of the work site during on-site operations. All precautions shall be taken by the Contractor to protect the workers, public and County staff from any exposure to harmful or hazardous substances within the sewer system and from dangerous work materials and equipment. L Contractor shall be fully responsible for the operation oftheir vehicles and handling of all materials related to the odor and corrosion control services at all locations within the County. j. Contractor shall be fully responsible for conforming to any and all requirements r regarding handling, hauling, spill reporting and disposal of chemicals for the control services provided at each Countywork site in accordattce with OSHA regulations and those that may be mandated by Federal or State Governments. k. Contractor shall prepare an annual report detailing the ongoing odor and corrosion control treatment program and any specific odor and control analysis that has been performed. 1. Contractor shall inform the County of its planned work schedule and shall afford the County reasonable opportunity to observe and inspect the Contractor's work in progress. I'll. The Contractor shall provide a safety seminar every six (6) months to selected County employees describing all safety precautions necessary for odor and corrosion control chemicals that are in use and copies of MSDS sheets for those chemicals. F:WSER1MCI n64%WFD.ARMISWil-do-doe 38/2M7 9:14 AM 14 236 of 432 RFP'07.5WFL Odor & Corm¢lon Control Service PROPOSAL SIGNATURE FORM RFP #07-5835FL SIEMENS WATER TECHNOLOGIES CORP Firm Name ,(941) 355-2971 Telephone Number Mailing Address: 2650 TALLEVAST ROAD SARASOTA, FLORIDA 34243 City, State, Zip Co& The undersigned attests to his (her, their) authority to submit this proposal and to bind (he firm herein named to perform as per agreement. If the firm is selected by the County the undersigned certifies that he/she will negotiate in goad faith to establish an agreement to provide odor and corrosion control services according to the requirements ofthis RFP 407-5835FL. fSign reaWitncssdSLigna�ture- Date: 4/10107 RQBERT D. TATUM,SENIOR VICE PRESIDENT Name and Title of Above Signer 2650 TALBVAST ROAD SARASOTA. FLORIDA 34243 Address of any branch office proposed to service Manatee County other than above Date: 4/10107 SHERI WHALEN, NOTARY PUBLIC STATE OF FL Name and Title of Above Signer VAUGHAN HARSIOW , TECHNICAL SALES REPRESENTATIVE Name and Title of Firm's Representative for Manatee County 941-928-0453 Telephone Number of Firm's Representative for Manatee County ��r:� sHew wlutElu MY COMIdI5510N 10p 3SpKbt IXPIHES; [MrniMr26, 2peg llmdtl7lnlYy' Mk Ikd..�w P, l': W 9ER\MC1014%W P0mW PLa75135n.rip.dw 715:007 9A4 AM IS 237 of 432 ATTACHMENT"A" RESOLUTION R-93-22 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, IMPLEMENTING §3.10103(1) OF THE MANATEE COUNTY PROCUREMENT CODE (ORDINANCE 84-02 AS AMENDED) TO ESTABLISH MINIMUM REQUIREMENTS FOR BIDDERS WITH RESPECT TO MAINTAINING A DRUG FREE WORKPLACE; REQUIRING WRITTEN CERTIFICATION TO THE COUNTY OF COMPLIANCE WITH THE REQUIREMENTS ESTABLISHED HEREIN; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Manatee County recognizes that substance abuse is a complex societal problem that continues to threaten the welfare ofthe residents and community; and WHEREAS, the Board of County Commissioners considers substance abuse on the job to be Ap� an unsafe and counter-productive work practice; and WHEREAS, consistent with its policy to promote a safe work environment and encourage personal health for all citizens of Manatee County, the Commission finds it necessary to combat substance abuse in the workplace by promoting education and awareness; and WHEREAS, consistent with the Drug Free Workplace Act (§112.0455, Florida Statutes) and policies applicable to Manatee County employees pursuant to Resolution R-93.10, the Board of County Commissioners of Manatee County has determined that it is necessary and in the best interest of the Countyto adopt the drug free workplace requirements for persons ar entities contracting with Manatee County; and WHEREAS, 93-101(7)B of the Manatee County procurement Code (Ordinance 84-02, as amended) authorizes the adoption of requirements For maintaining a drug frcc workplace applicable to persons or entities bidding on contracts with Manatee County, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Manatee county, Florida, as follows: Certification Required: No person or entity submittingabidpursuantto§3.101 shall be awarded or receive a county contract for public improvements, procurcrrtcnt of goods or services (including professional services) or a county Icase, franchise, 238 of 432 r concession or management agreement, unless such person or entity has submitted a written certification to the county that it will provide a drug free workplace by: a. providing a written statement to each employee notifying such employee that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance as defined in §893.02(4). Florida statutes, as the same may be amended from time to time, in the person's or entity's workplace is prohibited specifying the actions that will be taken against employees for violation of such prohibition. Such written statement shall inform employees about: (i) the dangers of drug abuse in the workplace: (ii) the person's or entity's policy of maintaining a drug &cc environment at all its workplaces, including but not limited to all locations where employees perform any task relating to any portion of such contract, business transaction or grant; (iii) tory available drug counseling, rehabilitation, and employee assistance programs; and (iv) the penalties that may be imposed upon employees for drug op� abuse violations. b. Requiring the employee to sign a copy of such written statement to acknowledge his or her receipt of same aad advice as to the specifics of such policy. Such person or entity shall retain the statements signed by its employees. Such person or entity shall also post in a prominent place at all of its workplaces a written statement of it's policy containing the foregoing elements (i) through (iv). c. Notifying the employee in the statement required by subsection 1. that as a condition of employment the employee will: (i) abide by the terms of the statement; and (ii) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (S) days after such a conviction. 2 <R93-22> 239 of 432 V At all times pertinent to the performance of any contract with Manatee County, notify the county within ten (10) days after receiving notice under subsection c. from an employee or otherwise receiving actual notice of such conviction. Imposing appropriate personnel action against such employee up to and including termination; orrequiring such employee to satisfactorilyparticipate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. Making a good faith effort to continue to maintain a drug free workplace through implementation of sections a. duough e. of this subsection, 2. Severability. If any part, section, subsection, or other portion ofthis Resolution, or any application thereof to any person or circumstances declared to be void, unconstitutional, or invalid for any reason, such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining AW' provisions of this Resolution, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. Effective Date. This Resolution shall lake effect ninety (90) days after adoption by the Board of County Commissioners. ADOPTED in open session by a majority of the duly elected Board of County Commissioners of Manatee County, Florida, this 2nd day of February, 1993. ORIGINAL DOCUMENT SIGNED BY BOARD OF COUNTY COMMISSIONERS CHAIRMAN MS. LARI ANN HARRIS ON FEBRUARY 2, 1993 AND IS ON FILE AT MANATEE COUNTY CLERIC'S OFFICE. <R93-22> AW 240 of 432 [x93-22> AqP1 ATTACHMENT "B" Drug Free Work Place Certification SWORN STATEMENT PURSUANT TO RESOLUTION R-91.36 SECTION 4, E (1) (a) MANATEE COUNTY PURCH, AS1NG POLICSES, ON ORIfO FREE WORK PLACES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCB OF ANOTARY PUBLIC OR OTHER OFFICIAL, AUTHORIZED TO ADMINISTER OATHS, ThissworostatememissubmittedtotheManateeCountyBoardofCounryCommissionersby.ROBERT D. TATUM. SENIOR VICE PRESIDENT [print individual's name and title] for SIEMENS WATER TECHNOLOGIES CORP, [print name of cntiry submitting swam statement] whose business address is: 2650 TALLEVAST ROAD, SARASOTA, FL 34243 and (if applicable) its Federal Employer Identification Number (FEIN) is 04-3063901 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:_ .1 I understand that no person or entity shall be awarded or receive a county contract for public improvements, procurement ofgoods or services (including professional services) or a county lease, franchise, coneesslon or management agreement, or shall retrive a grant of county monies unless such person or cndryhas submiticd a written cenification to rhe County that it will provide a drug free work place by: PI (1) providing a written statement to each employee notifying such employee that the unlawful martufacture, distribution, dispensation, possession or use of a controlled substance as defined by §893.02(4), Florida Statutes, m the same may be amended from time to time, in the person's or entity's work place is prohibited specifying the actions that will be taken against employees for violation of such prohibition. Such written statement shall inform employees about: r (i) the dangers of drug abuse in the work place; (ii) the peraon's or entity's policy of maintaining a drug free environment at all its work places, including but not limited to all locations where employees perform any task relating to any portion of such contract, business transaction or grant; (ill) any available drug counseling, rehabilitation, and employee assistance programs; and (iv) the penalties that may be imposed upon employees for drug abuse violations. (2) Requiring the employee to slga a copy of such written statement to acknowledge big Or her receipt of same and advice as to the specifics of such policy. Such person or entity shall retain the mmmenrs signed by its employees. Such person or entity shall also post in a prominent place at all of its work places a written statement of its policy containing the foregoing elements (i) through (iv} (3) Notifying the employee in the statement required by subsection (1) that as a condition of employment the cmployoc will; (i) abide by the terms of the statement; And 61) notify the employer of any criminal drug statute conviction for a violation occurring in the work place no later than Five (5) days after such a conviction. [oRVCFRCE. FRH Revised Z/1310fi� 241 of 432 el (4) Notifying the County within cul (10) days after receiving notice under subsection (3) from an employee or otherwise receiving actual notice of such conviction - (5) Imposing appropriate personnel action against such employee up to and including termination; orrequiring such employee to satisfactorily participate In a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local heahh. IAw enforcement, or other appropriate agency, (6) Making a good faith effort to continue to maintain a drug free work place through implementation of 'actions (I ) through (5) stated above, I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR MANATEE COUNTY IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, I ALSO UNDERSTAND THAT ANY CONTRACT OR BUSINESS TRANSACTION SHALL PROVIDE FOR SUSPENSION OF PAYMENTS, OR TERMINATION, OR BOTH, IF THE CONTRACTING OFFICER ORTHE COUNTY ADMINISTRATOR DETERMINES THAT: (1) Such person or entity has made false certification. (2) Such person or entity violates such certification byfailingtocarryountherequirements ofsections(1), (2), (3), (4), (5), or (6) or Resolution R-01-36 Section 4, E (1) (a) or (3) Such a number of employees of such person or entity have been convicted of violations occurring in the work place as to indicate that such person or entity has failed to make a good faith cfPon to provide a drug free work place as required by Resolution R•01-36 Section 4, E (1) (a). 0 atnre STATE OF FLORIDA COUNTY OF MANATEE Sworn to and subscribed before me this 10 day of APRIL . 202L— by _ROBERT D. TATUM Personally known X OR Produced identification [Type of identification] t Mycommissione>pires 12/26/08 SHERIVAWkN IE EXPIRES: DWCOMMISSION A C0 .20 1 E%PIRES:Osbriber28.2808 perer7n.V r7t.rrrmtc trd.+n (Print, type or stamp Commissioned name of Notary Public] Arl [DRUGFR£E.FRM ReviSed 2/17/06 242 of 432 no ATTACHMENT"C" PUBLIC CONTRACTING AND ENVIRONMENTAL CRIMES CERTIFICATSON SWORN STATEMENT PURSUANT TO ARTICLE 6, MANATEE. COUNTY. PURCHASING CODR THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUB LIC OR OTHEROFFI CLAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to the Manatee County Board of County Commissioners by ROBERT D. TATUM, [print individual's name and title] SENIOR VICEPRESIDENT for. SIEMENS WATER TECHNOLQ�JES CORP. [print name of entity submitting sworn statement] whose businessaddressis: 2650 TALLEVAST ROAD, SARASOTA, FL 34243 and (if app)icabie) its Federal Employer Identification Number (FEIN) is 04-3063901 If the entity has no FEIN, include theSocial Security Number ofthe individual signing this sworn statement: I understand that no person or entityshall be awarded or receive a countycontract far public improvemem s, procurement of goods or services (including professional services) or a county lease, franchise, concession or management agreement, or shat I receive a grant ofcountymonies unless such person or entity has submitted a written certification to the County that it has not: (1) been convicted ofbribery cr attempting to bribe a public officer or employee ofManatee County, the State of Florida, or any other public entity, including, but not limited to the Government of the United States. any state, or any local government authority in Ote United States, in that officer's or employee's official capacity; or (2) boon convicted of an agreement or collusion among bidders or prospective bidders in restraint of freedom of eompetltion, by agreement to bid a fixed price, or otherwise; or (3) been convicted of a violation of an environmental law that, in the sole opinion of the County's Purchasing Director, reflects negatively upon the ability of the person or entity to conduct business in a responsible manner, or (4) made an admission of guilt ofsuch conduct described in items (1), (2) or (3) above, which is amatter of record, but has not been prosecuted for such conduct, or has made an admission ofguilt of such conduct, which is a matter ❑frecord, pursuant to formal prosecution. An admission of guilt shall be construed to include a plea of nolo contendere; or (5) where an officer, official, agent or employee o£a business entity has been convicted ofor has admined guilt to any of the crimes set forth above on behalf of such and entity and pursuant to the direction or authorization of an official thereof (including the person committing the offense, if he is an official of the business entity), the business shall be, chargeable with theeonduet herein above set forth. A business entity shall be chargeable with the conduct of an affiliated entity, whether wholly owned, partially own cd, or one which has common ownership or a common Board of Directors. For purposes of this Form, business entities are affiliated if, directly or indirectly, one business entity controls or has the power to control another business entity, or Iran individual or group of individuals controls dr has the power to control both entities, Indicia of control shall include, without limitation, interlocking management or ownership, Identity of Interests among family mcmhcrs, shared organization of a business entity following the ineligibility of a business entity under this Article, or us ing substantially the same management, ownership AV, or principles w the ineligible entity. [ENVCRIME. £ttm> 243 of 432 AFP' Any person or entity who claims that this Article is inapplicable to himPoer/t: because a conviction or judgement has been reversed by a courtof eompeteirt jurisd iedDri, shall prove the saint with documentation satisfactory to the County's Purchasing Director. Upon presentation of such saiisfactory proof. the person or entity shall be allowed to contract with the County. I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR MANATEE COUNTY IS YALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR M WHICH IT IS FILED T ALSO UNDERSTAND THAT ANY CONTRACTOR HUS MESS TRANSACTION SHALL PROVIDE FOR SUSPENSION OF PAYMENTS, OR TERhiTNATION, OR BOTH, IF THE CONTRACTING OFFICER OR THE COUNTY ADMINISTRATOR DETERMINES THAT SUCH PERSONJIKINTITY HAS MADE FALSE CERTIFICATION. ( I nature) STATE OF FLORIDA COUNTY OF MANATEE Sworn to and subscribed before me this 10 day of, AFRIL 20 07 by ROBERT D. TATUM Personally known % OR Produced Identification (Type of identi f cation,) S Mycummissioncxplres 12 26 0E Notary Public Si nate 3HMWHALEN `f MY rAANt�SION r W 959894 EXSWS:Dewnbv26.2008 [Pant, t 5@%tr2 LaryPublic) Signatory Requirement - In the case of a business entityother than a partnership ora corporation, this affidavit shall be executed by an authorized agent ofthe entity. In the case of a partnership, this affidavit shall be executed by the general partner(s). In the case ofa corporation, this affidavit shall be executed by the corporate president. 244 of 432 CENVCRIhtE. FRMS SIEMENS References The numbered items below represent a partial listing of clients that utilize Siemens products and services for their odor control needs. These customers are serviced from one or more of the following service center locations: • Sarasota, FL (Headquarters) • Canton, GA • Temecula, CA • Wilmington, DE • Granite City, IL • Cedar Park, TX • Gastonia, SC 1. Manatee County, Florida 5101 651' Street Bradenton, FL 34210 Contacts: Mr. Jim Marble, Collection Systems Superintendent E -Mail: jim.marble@co.manatee.fl.us Telephone: 941-758-4649 Fax: 941-795-3432 ,AM- Time Frame: 27 years Description: Currently thirty-three Bioxide® feed locations, nine OdoFree0feed sites, five Odophost feed systems and eight Bioxide-AQ® feed locations. Twenty-four wet scrubbers, eight biofilters, and two carbon adsorbers, A comprehensive service contract covers all locations listed above. Hours avail. to contact: Sam-3pm 2. Sarasota County, Florida 7198 Geneva Road Sarasota, FL 34238 Contact: Gerry Schoonmaker, Operations Supervisor Telephone: 941-316-1071 Fax: 941-361-6133 E -Mail: schoonm®co.sarasota.fl.us Time Frame: 20 years Description: Currently seven wet scrubbers, two biofilters, and over 30 liquid -phase systems. A comprehensive service contract covers all locations listed above. Hours avail. to contact: Sam-3pm 245 of 432 SIEMENS 3. Hillsborough County, Tampa, FL 2218 N. Falkenburg Rd. Tampa, FL 33619 Contact: Robert Sutherland Telephone: (613)744-5711 x345 Fax: 813-635-8389 Time Frame: 16 years Description: Currently over thirty liquid phase sites, one chemical scrubber, 9 biofilters/carbon units and two bioscrubbers are maintained. Many liquid phase feed sites are optimized to manage loading to the biofilter units. The service contract includes periodic liquid/vapor sampling, dose adjustment, pump calibrations, equipment maintenance, instrument calibrations, pump repair, spare parts and performance reporting. A comprehensive service contract covers all locations listed above. Hours avail. to contact: 8am-3pm 4. City of Tallahassee, Florida 1815 Lake Bradford Road Tallahassee, FL 32310 Contact: Mr. Todd Hacker, Supervisor r,, E -Mail: hackert@talgov.com Telephone: 850-891-1303 Fax: 850-891-1365 Time Frame: 14 years Description: Currently twelve 8ioxideo feed systems with service. The service contract includes periodic liquid/vapor sampling, dose adjustment, pump calibrations, equipment maintenance, instrument calibrations, pump repair, and spare parts Hours avail, To contact: 8am-3pm 5. Grand Strand Water & Sewer Authority, South Carolina P.O. Box 2368 Conway, SC 29528 Contact: Mr. David Strickland Telephone: 843-443.8200 Fax: 843-347-4680 E -Mail: dstrickland@gswsa.com Time Frame: 2 years Description: Currently one wet scrubber, two ZABOCS biofilters, one carbon system, two OdoFree®, and three Bioxidea feed systems with full service contract. Hours avail. to contact: Sam-3pm 246 of 432 SIEMENS Lee County, Florida 1500 Monroe Street POB 398 Ft, Myers, FL 33902 Contact: Mr. David Sabiston — Environmental Services Division E -Mail: SABISTDA@leeoov.com Telephone: 239-693-2992 ext. 201 Fax: 239-693-6453 Time frame: 13 years Description: Includes over 14 liquid phase hydrogen peroxide and calcium nitrate feed systems. A comprehensive service contract covers all locations listed above including periodic liquid/vapor sampling, dose adjustment, pump calibrations, equipment maintenance on customer owned equipment, inventory control, spare parts, and performance reporting. Hours avail. to contact: Sam-3pm 7. County of Santa Cruz, California 2750 Lode Street Santa Cruz, CA 95062 Contact: Ms. Amy Gross AF- E -Mall: amy.grossQco.santa-cruz,ca.us Telephone: 831-477-3988 Time Frame: 15 years Description: Currently have approximately six Bioxide@ feed sites with service contract. Hours avail, To contact: Sam-3pm City of Phoenix, AZ 2301 West Durango Phoenix, AZ 85009 Contact: Mr. Ron Maze E -Mail: ronmaze@phoenix.gov Telephone: 602-262-1864 Fax: 602-495-5670 Time Frame: 9 years Description: Currently have approximately 32 Bioxide® feed sites. Hours avail. to contact: 8am-3pm 9. Village of Wellington, FL 14000 Greenbdar Blvd Wellington, FL 33414-4393 Contact: Ed Wasielewski E -Mail: ewasielewski@ci,wellington,fl.us AP, Telephone: 561-791-4000 Fax: 561-790-0794 247 of 432 SIEMENS AP, Time Frame: 7 years Description: Currently four Bioxide@feed sites, one OdoFree®, and one JH scrubber with service contract, Hours avail, to contact: 8am-3pm 10. Mount Laurel Municipal Utility Authority, Mt. Laurel, NJ 1201 South Church Street Mount Laurel, NJ 08054 Contact: Mr. Mark Cimorelli E -Mail: moimorelli@mltmua.com Telephone: 856-234-0052 Fax; 856-866-1092 Time Frame: 9 years Description: Currently four Hydrogen Peroxide feed systems with service contract. Hours avail. to contact: Sam-3pm 248 of 432 SIEMENS .. BACKGROUND Siemens Water Technologies is the one company focused on complete odor and corrosion control for the Municipal Wastewater Treatment industry. Our proposed program will use both liquid -phase and vapor -phase technologies to treat each odor and/or corrosion problem in the Manatee County Wastewater System with the appropriate balance of effectiveness and cost. Our local service and emergency response team will ensure that odor problems are addressed 24 hours a day, 365 days a year. Since our company was founded in 1976 as a division of Davis Water and Waste Industries our primary focus has been odor and corrosion control. While other companies focus on specific technologies or technology groups for odor and corrosion control, we have continuously assembled, improved, and reamed a broad technology and product offering with the goal of solving any wastewater odor problem effectively and with maximum cost -efficiency. Coupled with our offering of technologies and products is a commitment to service that is un -matched in the industry, Our goal is not to simply deliver a specific product or service to our customers, but to become a partner with our customers working to ensure that their phone does not ring with odor complaints. As you review our proposal, please note the following highlights of our offering: Experience and Knowledge Siemens Water Technologies has been in the wastewater odor control business for over 30 years. • The Siemens team assembled specifically to service Manatee County has combined experience of over 100 years in odor and corrosion control. • Two of the primary Siemens technical and managerial staff involved with Manatee County are Professional Engineers registered in the State of Florida (Vaughan Harshman, P.E. and David Hunniford, P.E.). • Siemens is recognized by our peers in the industry for our odor and corrosion control expertise. In recent years two leading periodicals in the wastewater industry published feature articles on comprehensive, multi -technology odor and corrosion control strategies: the same approach used by Manatee County. Both of these periodicals turned to Siemens' expertise in this area, Mr. Harshman authored "Follow Your Nose, Controlling Odors in all Their Forms" for Water Environment and Technology and Mr. Hunniford authored "Knocking Out Odors: Options for Fighting Wastewater Smells" for Environmental Protection. Reprints of both articles are included in the Appendices to our proposal. • Siemens Water Technologies Odor Control Group has provided products and services to communities on the west coast of Florida since our inception in 1976, We have worked closely with Manatee County Utilities for over 25 years. We understand that odor and corrosion in wastewater systems are affected by topography, temperature, water quality, population density, and population fluctuation and we understand the conditions and challenges that are unique to ` this region and to your system in particular. 249 of 432 SIEMENS • Siemens Water Technologies pioneered the Full -Service system -wide approach Ap� to odor and control. We have provided this type of program to Manatee County and to numerous customers throughout Florida and the United States, as you will see in our enclosed reference list, • Siemens Water Technologies has conducted corrosion control studies for municipalities throughout the United States. A recent technical paper from one study is included in the Appendix of this proposal. Service • All products utilized by Siemens Water Technologies for Manatee County will be provided by Siemens directly. Siemens is the Original Equipment Manufacturer of all equipment proposed for use in this contract. Siemens will not sub -contract any portion of the equipment supply or service. All of our service personnel are factory -trained in our own factory. • All Siemens personnel involved with Manatee County are based in the Manatee/Sarasota area. Our staff is a minimum of three -deep in backup personnel in all aspects of executing your program (field service, engineering, management), with team members based in the ManateelSarasota area. • The Headquarters for Siemens Water Technologies Odor Control Group are located in Manatee County. In addition to the extensive list of personnel specifically assigned to the Manatee County program, an extensive and ~ experienced technical, engineering, and management staff is based in this facility and would be immediately available to Manatee County in any emergency situation. Technolopv • Siemens Water Technologies possesses the most comprehensive and complete selection of odor and corrosion control technologies available. All technologies and products are provided and manufactured by Siemens directly, eliminating any bias for or against technologies or approaches that may involve "outside" firms or sub -contractors, • Siemens is the only company that can offer the proprietary Bioxide® process for application of nitrate salts. Nitrate application is the County's preferred non- hazardous, liquid -phase technology. • Siemens offers the most concentrated forms of environmentally friendly non- hazardous nitrate and sodium chlorite solutions, reducing liquid volume and truck traffic for deliveries. • Siemens is offeriI a complete selection of additional technologies including enhanced Bioxide products, iron -based products, hydrogen peroxide, and PRISCTm. Siemens is the only company with MIDAS° OCM, an ultra-high capacity activated carbon for sulfide and odor control. 250 of 432 SIEMENS • With the ZABOCS® systems included in our proposal Siemens pioneered the application of multi -stage, multi -media biofiiters for maximum effectiveness and redundancy. • Siemens pioneered multi -stage chemical scrubbing with the Poly -Stager and LOIPRO® systems, both of which are included in our proposal, These systems reduce operating cost, increase redundancy, and increase effectiveness over conventional single -stage chemical scrubbers. Siemens Water Technologies line of odor and corrosion control products and services includes the following: VAPOR PHASE TREATMENT 1. Wet Air Scrubbers- a complete line of wet air scrubbers used to treat typical wastewater odorous gas emissions. These gas phase treatment products achieve continuous odor control under varying conditions with optimum chemical savings. Each system is designed by Siemens technical staff to meet the odor control requirements of the application. Wet Scrubbers are now available using FSCTM, an enhanced chemical treatment that is provided for a flat fee or the traditional sodium hydroxidelsodium hypochlorite demand - based chemistry. .AP. 2. Biofilters — unique, modular biofiltration systems. This vapor phase treatment technology uses no chemicals and provides complete or added odor control using natural biological organisms. Most applicable when space constraints are an issue, Engineered media and an enclosed design of the ZABOCSTm biofilter ensure predictable, long, reliable service life. 3. Biotrickl€ng Filters — plastic media biological odor control systems. This technology provides the benefits of a biofilter with the ability to handle higher loadings of hydrogen sulfide — all in a very compact footprint. 4. Carbon Adsorption Systems — using a variety of carbon types selected to meet the needs of individual applications, these systems provide complete, reliable odor control in cases where VOCs and complex organic odors are a problem. MIDAS Carbon by Siemens provides exceptional sulfide loading capacity which leads to prolonged life of the bed. LIQUID PHASE TREATMENT 1. Bfoxldee - a patented process developed by Siemens Water Technologies to biochemically treat dissolved hydrogen sulfide and other odor compounds produced in the wastewater under septic conditions. Primarily used in long Ao. detention time force mains via metering treatment solution at pump stations. 251 of 432 SIEMENS AV' 2. AQuita - a patented biochemical process that prevents dissolved sulfide formation in wastewater which contains no pre-existing sulfides. Treatment solution is metered into mains at the pump stations. 3. Bioxide-AQ® - combines the patented Bioxide® Process for dissolved sulfide removal with the patented AQuit® Process for dissolved sulfide prevention. 4. Bioxide® At/AE - patented processes developed by Siemens Water Technologies to biochemically treat dissolved hydrogen sulfide and other odor compounds produced in the wastewater under septic conditions. Bioxide AE uses an enhanced prevention mechanism along with the proven Bioxide® removal process to economically treat reduced sulfur compounds. Primarily used in long detention time force mains via metering a singular or dual treatment solution at the pump stations. 5. NitrazymeT"l Plus —combines the attributes of a nitrate salt and a fast acting oxidizer in a convenient, easy to use formulation. Used where the benefits of a nitrate salt and a quick removal process are desired. 6. ddoFree""/Qdophos®/Ferric Sulfate - aqueous solutions of ferric -ferrous sulfate (QdoFree), ferrous sulfate (Odophos), and ferric sulfate which treat dissolved hydrogen sulfide in force mains/gravity interceptors via metering at established dosage rates into key pump station locations. 7. Textone L/Endimal (Sodium Chlorite) — an oxidizing solution used for chemical oxidation of odor causing compounds in liquid -phase and biosolids applications. The Endimal 1500 formulation has the additional advantage of a non -hazardous rating. B. Hydrogen Peroxide - an oxidizing solution used for chemical oxidation of odor causing compounds in liquid -phase applications. 9. PRI.SC"m — Is a process of regenerating iron sulfide in solution by use of an oxidizer. This process is more selective towards hydrogen sulfide than a typical oxidizer and can provide a more cost-effective solution than either iron salts or oxidizers alone. 1ONX-456T`4 — a proprietary mixed oxidant product designed to remove and control malodors primarily in biosolids. As delivered, VX -456 reacts rapidly with sulfides and other odor -causing compounds commonly found in biosolids and continues to control odors for an extended period of time (up to 12 hours). VX -456 does not contribute to solids formation and does not interfere with further processing of biosolids. 11.Advanced posing Controllers — an assortment of computer based AM" controllers that utilize proprietary dosing models to optimally dose Siemens liquid phase odor control products. 252 of 432 SIEMENS 12.Chemical Feed and Storage Systems — complete storage and metering equipment for Odophose, OdoFreeo. Bioxidee, AQuitm, Bioxide-AQ®, Bioxide A+, Sodium Chlorite and Hydrogen Peroxide applications as well as other chemical storage and feed needs, 13. Remote Level Monitoring — Tank level monitors that report via cell modem to a central database. Tank level information is available on the Siemens website. In addition to providing the products listed above, Siemens Water Technologies provides complete technical support (including odor data collection, treatment demonstrations, analytical testing, investigation of odor complaints, and ongoing service of treatment equipment) in evaluating and treating odor/corrosion problems. In order to ensure customers are serviced in a timely and professional manner, Siemens Water Technologies has invested substantially in modern manufacturing and distribution systems that include: A. Regional warehousing, production, and distribution facilities to ensure quality products and timely deliveries for all customers, B. State of the art production facilities capable of producing all Siemens chemical Jlp� feed and scrubber systems to ensure customers receive quality treatment equipment customized for their particular needs. f C. A control panel manufacturing facility that has been certified by Underwriters Laboratories to produce "UL Listed" panels, ensuring the highest level of quality and safety for electrical controls associated with Siemens systems. D. An integrated MIS based equipment/parts inventory that ensures Siemens Water Technologies can supply customers with repairtreplacement parts or equipment within hours. Siemens Water Technologies employs substantial technical resources to evaluate odor/corrosion problems and design/install/service our treatment systems that include: A. Engineering and Product Development departments comprised of engineers, chemists, service managers and technicians with over 200 years combined wastewater and odor/corrosion control experience to ensure effective solutions are achieved for all types of odorlcorrosion problems. B. Analytical Laboratory services available through our certified facility in Rothschild, WI. ensures product quality and supports any product application testing. 253 of 432 f SIEMENS C. An experienced team of equipment installation and service personnel to ensure each treatment system is installed and operated to Siemens high standards. Service staff tenure at Siemens averages more than ten (10) years. It is important to note that Siemens Water Technologies owns the modern resources and emulous the experienced personnel to meet all aspects of any odor/corrosion control program. 254 of 432 no Lia f SIEMENS Key Personnel The following "key personnel" are available to offer professional assistance to the County: Vaughan Harshman, P.E. — Sales Rep resentativelP roj ect Manager David J. Hunniford, P.E. — Full Service Odor Control Business Director Mike Murphy — Engineering Manager Ed Middleton — Contract Manager Craig Bliss — Service Center Manager Gary Snyder — Production/Installation Manager David Morano —Product Manager Jim Harshman — New Product Development Manager 255 of 432 SIEMENS BIOGRAPHY NAME: Vaughan Harshman, P.E. CURRENT POSITION: Sales Representative, West Florida Siemens Water Technologies EDUCATION: B.S., Chemical Engineering University of South Florida, Tampa, FL REGISTRATION: Florida Professional Engineer No. 52651 MEMBERSHIPS: Florida Water Environment Association FWEA Air Quality Committee Water Environment Federation PROFESSIONAL EXPERIENCE Siemens Water Technologies, Sarasota, FI_ 1986 - Present .Ok� Sales Representative — Responsible for sales of Company y products and services for the Western half of Florida. (2003 — Present) Aid. Technical Sales Manager (Product Manager) - Responsible for directing sales, sales support, and product engineering for US Filter odor control products and related product lines. (1996 - 2003) Technical Service Manager - Directed project engineering and technical sales support associated with individual odor control projects. (1994 - 1996) Project Engineer - Engineered, managed and provided sales support for individual odor control projects. (1992 - 1994) Co -Op Engineer - Performed various engineering activities related to product development and production, (1990 - 1992) From 1986 until 1990 held various technician positions with Davis Water and Waste Industries, Inc. in the areas of chemical production, equipment production, product development, laboratory analysis, and field services. 256 of 432 SIEMENS BIOGRAPHY NAME: David J. Hunniford, P.E. CURRENT POSITION: Business Director EDUCATION: B.S., Chemical Engineering Georgia Institute of Technology, Atlanta, GA September 1982 REGISTRATION: Registered Professional Engineer, Chemical Engineering State of Florida MEMBERSHIPS: American Institute of Chemical Engineers Water Environment Federation National Society of Professional Engineers Florida Engineering Society Alo PROFESSIONAL EXPERIENCE Siemens Water Technologies, Sarasota, FL 1986 - Present Full Service Odor Control Business Director 2001 to Present Operations Manager 3193 to 2001 Director of Technical Services 5188 to 9193 Senior Technical Engineer 9186 to 5188 Siemens Water Technologies provides diversified products and services to the water and wastewater treatment market. Market coverage is primarily North America, including Canada and Mexico. Products and Service include inorganic salt solutions for applications in water treatment processes, biological process control technology and equipment, odor and air scrubbing equipment, wastewater residuals processing equipment and services and environmental analytical services. Responsible for operations of seven division service centers, technical sales supportlapplications engineering, research & development, and safety. 257 of 432 SIEMENS PROCTOR & GAMBLE CORPORATION, CINCINNATI, OH AP' FOOD PRODUCT DEVELOPMENT GROUP r Am - Development engineer 9/82 to 9186 Responsible for a variety of product formulation, design, and process developments on consumer food products ranging from peanut buffer to cookies. These activities involved pilot plant operations, focus group testing, marketing claim development/verification, product testing programtquality control program development, and scale up to manufacturing facilities. Dow Chemical Corporation, Plaquemine, LA Coop Engineer 4179 to 9180 Performed as a cooperative education engineer on a quarterly basis for three quarters in the polyethylene resin production plant. 258 of 432 SIEMENS BIOGRAPHY NAME: Mike Murphy CURRENT POSITION: Technical Services Manager EDUCATION: B.S., Chemical Engineering University of South Florida, Tampa, FL May 1997 PROFESSIONAL EXPERIENCE Siemens Water Technologies - Sarasota, FI - Technical Services Manager 2003 - Present Currently managing a group consisting of applications engineering, engineering, manufacturing, and field installation team. Focus of team is project management, full service odor control programs, and standards design. Engineering Manager 1999-2003 'Aph Project engineer throughout the United Stales for liquid phase and vapor phase odor control products. Design, cost, and implement odor control technologies. Project manager for plant automated alkalinity process controller, focused was on developing standard liquid and vapor phase odor control systems. Florida Flavors, Incorporated — Lakeland, FL Research & Development Engineer 1997-1999 Scale up for new distillation, extraction, & separation technologies/processes. Technical Production manager for high value compounds and Flavors. Inventory manager for all high value components and flavors. Utilization of gas chromatographs and mass spectrometer to ensure quality control for customer shipments. University of South Florida Research Engineer 1996-1997 Supercritical Fluids Technology Lab: Construction, experimentation and maintenance of a high pressure pilot plant for supercritical fluid processing of material under the guidance of Dr. Aydin K. Sunol, Named as an inventor on the pending patent. 259 of 432 SIEMENS BIOGRAPHY AM - NAME: Ed Middleton CURRENT POSITION: Account Manager EDUCATION: HS [diploma PROFESSIONAL EXPERIENCE Siemens Water Technologies - Sarasota, FL Account Manager 2003 - Present Currently responsible for coordination of all Siemens Water Technologies Odor Control services in Manatee and Sarasota Counties. Fieid Service/Startup Technician 2001-2003 Responsible for field service and startup of vapor phase odor control systems across North America. Project Manager 1998-2001 Responsible for project coordination and management for odor control projects, primarily in the Northeast United States. Other Employment: Construction Superintendent 25+ years Responsible for field construction for various companies in Florida and California. 260 of 432 SIEMENS ` BIOGRAPHY NAME: Craig D. Bliss CURRENT POSITION: Service Center Manager EDUCATION. Attended Flegler College Business Administration St. Augustine, Florida PROFESSIONAL EXPERIENCE Siemens Water Technologies - Sarasota, FL Service Center Manager 2005 — Present Management of all field service activities for full service odor control customers within the State of Florida, responsibilities include scheduling routine and non -routine service work; assist Installation Manager on new installations and Fleet Manager on chemical deliveries. AW Sarasota County Government Manager of Water Reclamation Facilities 1998 to 2005 Independently manage the administrative and technical functions associated with the operation and maintenance of nine water reclamation facilities and associated effluent disposal systems, approximately 500 lift stations and 400 low pressure sewer systems and several vacuum sewer systems. Chief Treatment Plant Operator 9988 to 1998 Supervised the administrative and technical aspects involved in the operation and maintenance of multiple Water Reclamation Facilities. Sorrento Utilities Operations Superintendent 1984-9988 Managed all field activities associated with water and wastewater utility. 261 of 432 Oft SIEMENS BIOGRAPHY NAME: Gary A Snyder CURRENT POSITION: Manufacturing Manager EDUCATION: A.S. General Construction MCC Community College Bradenton, Florida PROFESSIONAL EXPERIENCE Siemens Water Technologies, Sarasota, FL 1989 - Present Manufacturing Manager 1997 to Present Service Center Manager 1993 to 1997 Field Service Engineer 1991-1993 Service Tech -Truck Driver 1889-1991 Manufacturing Manager - Management of all Siemens Odor Control capital equipment A001 including all intercompany work such as industrial control panels and other related waste water products. Service Center Manager - Management of all activities performed at Service Center, such as chemical inventory, trucking schedule, capital equipment installations, service and survey work. Lead Service Tech - Lead on all capital equipment installations within the state of Florida. Occasionally called to help other service centers within there area. Lead for all service and survey work in Florida. Service Tech /Truck Driver - local service and survey work. Assist with capital installations. Deliver chemical to customer sites. 262 of 432 SIEMENS BIOGRAPHY API NAME: David L Morano CURRENT POSITION: Product Manager EDUCATION: B.S., MIS University of South Florida - Tampa, FL t PROFESSIONAL EXPERIENCE Siemens Water Technologies, Sarasota, FL Odor Control Product Manager 2003 to Present Management of projects including but not limited to biosolids odor control and full service odor control contract consulting. Project Manager 2000 to 2003 Management of full service odor control contracts including Manatee County RFP. Assisted in development of biofiltration product line (ZABOCS). Technical Services Specialist 1992 to 2000 Management of projects including but not limited to the development of Bioxide AQ®. Managed IS operations across the warehouses and was the LAN/WAN manager. Implemented RRM, an enterprise based software for manufacturing and inventory control. Technical Services 1990 to 1992 Assisted in application development of Bioxide®. Responsibilities included optimization of a variety of odor control systems all over the country. Performed QC control on Odophosm manufacturing and Bioxide shipments. Lab Technician 1988 to 1990 Performed a variety of wet chemistry type analyses for industrial laboratory and in support of in-house product development. 263 of 432 Am SIEMENS BIOGRAPHY NAME: Jim Harshman CURRENT POSITION: Chemist/Product Development Manager EDUCATION: B.S., Natural Science with teacher certification University of South Florida, Tampa, FL 1968 Master of Combined Sciences University of Mississippi, 1971, PROFESSIONAL EXPERIENCE Siemens Water Technologoies - Sarasota, FL 1973 - Present AN& Chernist/Product Development Manager 2003 to Present Chemist/Research 1973 to 2002 (Part Time) Management of product development. Responsible for developing, testing and implementing new odor control products. Currently focused on the continuing development of Bioxide A++ Worked on the development and implentation of ado hos®, Bioxide® and Bioxide AQe Sarasota High School — Sarasota, FL Teacher 1968 to 2002 Taught Chemistry I, Honors Chemistry I, AP Chemistry along with engineering concepts, algebra, general science, general math. Department Chair, 1994-2003, MaST Coordinator, 1995-2043 Manatee Community College, Adjunct Faculty — Bradenton, FL Chemistry Professor 9974 - 9980, 1987-1989 10� Taught Chemistry courses at the College 264 of 432 SIEMENS Patents: US Patent #5,013,442 and European Patents: Aerobic Wastewater Treatment with Alkalinity Control, 1991. Coinventor with H. Forbes Davis. US Patent #5,094,752-.Aerobic/Anoxic Wastewater Treatment with Alkalinity Control, 1992. Coinventor with H. Forbes Davis. Publications: "Hofmann Apparatus and Leak Rates of Gases", Chemistry Magazine, Vol 43, June 1970. Coauthor with George Melville. "Calculation of Sludge Removal Rates for Wastewater Treatment Plants", The Overi4ow: Florida Water Resources Journal, 1974. Coauthor with Robert Talum_ Major Conferences and Workshops: 1969: NSF Summer institute in Chemistry, Beaver College, Glenside, PA 1970-1971: NSF Summer Institute, University of Mississippi, Oxford, MS 1972: NSF Summer Institute in Engineering Concepts, University of South Florida. Tampa, FL 1973: Nuclear Energy Conference, University of Florida ^ 1981: International Conference on Chemical Education, University of Maryland, College Park, MD 1982. 1983. 1984: FPCOA Short School, Lakeland. FL. Taught course in laboratory procedures. 1983: CHEM ED 83: Butler University, Indianapolis, IN. Made two presentations: "Chemical Equilibrium: A Laboratory Exercise Utilizing the Apple II Computer" and "Holding a Chemistry Open House". 1984: Florida Association of Science Teachers (FAST) Conference, Bradenton, FL 1988: FAST Conference, Tampa, FL 1989: Dreyfus Institute Workshop, Microchemistry Labs, Tampa, FL 1989: The High School Macintosh Conference, Tampa, FL 1989: MacAcademy, Tampa, FL 1991: FAST Conference. Palm Beach, FL 1992: Summer Workshop, "Science, A Way of Thinking." Manatee Community College 1992: FAST Conference, Innisbrook, FL 1993: Florida Educational Technology Conference (FETC) , Tampa, FL 1994: Florida Educational Technology Conference (FETC) , Orlando, FL 1994: FAST Conference, Sarasota, FL 1994: Meeting of ACS "Strategic Directions in Educational Technology Committee," Washington, DC. Presentation with Michael Stuart: "Teaching the ChemCom Curriculum Using Multimedia" 1995: Florida Educational Technology Conference (FETC) , Orlando, FL 1995: FAST Conference, Orlando, FL, Presenter, with Michael Stuart, "Cooperative. Competency -based, Computer Interfaced Chemistry." 265 of 432 SIEMENS 1998: FAST Conference, Tampa FL 1995-2001: Annual Junior Science, Engineering, and Humanities Symposium, University of Florida, Gainesville 1999, 2003: PITTCON (Pittsburgh Conference on Analytical Chemistry), Orlando, FL 2000: Chaperoned three students to International Science and Engineering Fair, Detroit, MI 2002: American Chemical Society National Meeting, Orlando, FL 2002: FAST Conference Organizing Committee, Sarasota, FL Professional Memberships: American Chemical Society National Science Teachers Association, 1969-2002 Florida Association of Science Teachers, Life Member Sarasota Classified/Teachers Association-FEAIUnited-AFT, 1969-2002 Professional Certification: Florida Teaching Certificate 1968-2006 Florida Wastewater Treatment Operator Certificate 1975-1996 266 of 432 SIEMENS IAV� Project Organizational Chart The following personnel have worked on the referenced odor/corrosion control projects and are part of the support team for Manatee County: 1. Vaughan Harshman, P.E. — Sales Representative/Project Manager 2. David J. Hun niford, P,E. — Full Service Odor Control Business Director 3. Mike Murphy -- Engineering Manager 4, Ed Middleton —Account Coordinator 5. Craig Bliss — Service Center Manager 6. Gary Snyder — Production/Installation Manager 7. David Morano -Product Manager 8. Jim Harshman — Chemist/Product Development Manager 9, Robert Bowman — Lead Service Technician 10, Dave AN — Field Service Technician 11. Larry Turner — Field Service Technician 12. Terry Chatlos — Lead Installation Technician Each individual's specific duties and qualifications for this project are described in further detail below. A project team organizational chart follows the team or, members qualifications. 1. Project Manager - Vaughan Harshman, P.E. Responsibility: Overall project coordination between Manatee County and Siemens Water Technologies including establishing communication contacts, resolving operation or technical issues, reviewing operating data, coordinating Review Board Meetings, and approving reports. Qualifications: BSChE University of South Florida; Registered Professional Engineer -State of Florida; Twenty-pne (21) years odor control product & equipment design, application, production, and service experience, Employed by Siemens since 1986. 2. Management Contact —Dave Hunniford, P.E. Responsibility: Management of Siemens Water Technologies and support Project Manager for Manatee County Odor/Corrosion Program in financial and contract matters, ;Am Qualifications. BChE Georgia Institute of Technology; Registered Professional Engineer -State of Florida; twenty-one (21) years municipal odor control 267 of 432 SIEMENS applications experience; general oversight responsibilities for current odor control program for Manatee County since 1987. Employed by Siemens since 1986. 3. Project Engineering — Mike Murphy Responsibility: Engineering oversight of Siemens Water Technologies activities in Manatee County including resolving operation or technical issues, reviewing operating data, and design activates for new applications. Qualifications: BSChE University of South Florida; Eight (8) years odor Control product & equipment design, application, production, and service experience. Employed by Siemens since 1999. 4. Account Coordinator —Ed Middleton Responsibility: Day-to-day project coordination between Manatee County and Siemens Water Technologies including routine service, resolving operational issues, troubleshooting, and odor complaint response. Qualifications: Nine (9) years odor control product & equipment application, production, and service experience. Employed by Siemens since 1998. 5. Service Center Manager — Craig Bliss Responsibility: Assure all applicable chemical deliveries are made as needed and coordinate equipment service/installation/repair activities. Oversee basic QC checks on delivered chemicals. Coordinate monthly invoicing to Manatee County. Qualifications: Twenty (20) years odor control experience in the areas of wastewater operations and service management — currently Service Center Manager. Employed by Siemens since 2005. G. Equipment Fabrication & Installation Manager— Gary Snyder Responsibility: Coordinate fabrication and installation of all odor control feed/storage and Scrubber systems. Qualifications: Eighteen (18) years construction and process fabrication of feed/storage and scrubber systems as well as field service experience. Employed by Siemens since 1990. 7. Special Project Manager/Odor Control Product Manager — David Marano Responsibility: Assist Project Manager as needed In design, selection, and start- up/trouble shooting of treatment systems. Provide technical support on all aspects of liquid phase and vapor phase odor control, 268 of 432 SIEMENS Qualifications: BS in MIS from the University of South Florida; nineteen (19) years of odor control experience in the areas of analytical/field testing, equipment design/installation/service. Employed by Siemens since 1988. 8. Chemist/Product Development— JimHarshman Responsibility: Oversee quality control issues for all liquid -phase products. Coordinate product development activities for new innovations in Manatee County. Qualifications: BS -Natural Science, University of South Florida, MS -Combined Sciences, University of Mississippi; thirty-four (34) years experience in the areas of wastewater and odor control operations, analytics, and design. Employed by Siemens since 1973. 9. Lead Service Technician — Robert Bowman Responsibility: Install both liquid and vapor phase systems, respond to unscheduled equipment servicefrepair issues. Provide backup for performing basic survey checks to verify correct chemical feed rates. Qualifications: Eight (B) years of experience in installing, maintaining, and optimizing performance of odor control systems throughout the Southeast; employed by Siemens 1999, currently Field Service Technician. Based in Sarasota, FL 10. Field Service Technician — Dave AN Responsibility: Perform basic survey checks to verify correct chemical feed rates. Install both liquid and vapor phase systems, respond to unscheduled equipment servicelrepair issues. Qualifications: Seven (7) years of experience in installing, maintaining, and optimizing performance of odor control systems throughout the Southeast; employed by Siemens since 2000, currently Field Service Technician. Based in Sarasota, FL 11. Field Service Technician —Larry Turner Responsibility: Install both liquid and vapor phase systems, respond to unscheduled equipment servicelrepair issues. Provide backup for performing basic survey checks to verify correct chemical feed rates. Qualifications: Seven (7) years of experience in installing, maintaining, and .. optimizing performance of odor control systems throughout the Southeast; 269 of 432 SIEMENS employed by Siemens since 2000, currently Field Service Technician. Based in Sarasota. FL 12, Lead Odor Control System Installation Technician — Terry Chatlos Responsibility: Install both liquid and vapor phase systems, and respond to unscheduled equipment servicefrepair issues, and perform basic surrey checks to verify correct chemical feed rates. Qualifications: Twelve (12) years of experience in installing, maintaining, and optimizing performance of odor control systems. Currently installing odor control systems throughout Florida; employed by Siemens since 1995, 270 of 432 SIEMENS 271 of 432 SIEMENS Al� Odor & Corrosion Control Processes Siemens Water Technologies has successfully provided Manatee County and numerous other municipalities and industries with odor/corrosion control products and services for more than 27 years. Siemens' line of odor / corrosion control processes have expanded over that time to include those listed below. These are described in further detail in the attached brochures and technical papers. VAPOR PHASE TREATMENT • Wet Air Scrubbers- a complete line of wet air scrubbers used to treat typical wastewater odorous gas emissions, These gas phase treatment products achieve continuous odor control under varying conditions with optimum chemical savings. Each system is designed by Siemens technical staff to meet the odor control requirements of the application. Wet Scrubbers are now available using FSCT", an enhanced chemical treatment that is provided for a flat fee or the traditional sodium hydroxide/sodium hypochlorite demand -based chemistry. • Blofllters — unique, modular biofiltration system. This vapor phase treatment technology uses no chemicals and provides complete or added odor control using natural biological organisms. Most applicable when space constraints are an issue. A", Engineered media and an enclosed design of the ZABCCS® biofilter ensure predictable, long, reliable service life. • Siotrickling Filters — plastic media biological odor control system. This technology provides the benefits of a biofilter with the ability to handle higher loadings of hydrogen sulfide — all in a very compact footprint. • Carbon Adsorption Systems — using a variety of carbon types selected to meet the needs of individual applications, these systems provide complete, reliable odor control in cases where VOCs and complex organic odors are a problem. MIDAS Carbon by Siemens provides exceptional sulfide loading capacity which leads to prolonged life of the bed. LIQUID PHASE TREATMENT Bioxidee - a patented process developed by Siemens Water Technologies to biochemically treat dissolved hydrogen sulfide and other odor compounds produced in the wastewater under septic conditions. Primarily used in long detention time force mains via metering treatment solution at pump stations. AQuie - a patented biochemical process that prevents dissolved sulfide + formation in wastewater which contains no pre-existing sulfides. Treatment solution is metered into mains at the pump stations. 272 of 432 SIEMENS • Bioxide-AQ® - combines the patented Bioxide® Process for dissolved sulfide removal with the patented AQuitm Process for dissolved sulfide prevention. • Bioxide At/AE - patented processes developed by Siemens Water Technologies to biochemically treat dissolved hydrogen sulfide and other odor compounds produced in the wastewater under septic conditions. Bioxide AE uses an enhanced prevention mechanism along with the proven Bioxidee removal process to economically treat reduced sulfur compounds. Primarily used in long detention time force mains via metering a singular or dual treatment solutions at pump stations. • NitrazymOl Plus —combines the attributes of a nitrate salt and a fast acting oxidizer in a convenient, easy to use formulation, Used where the benefits of a nitrate salt are desired and a quick removal process are desired. • QdoFresTM10dophose/Ferric Sulfate - aqueous solutions of ferric -ferrous sulfate (OdoFree), ferrous sulfate (Odophos), and ferric sulfate which treat dissolved hydrogen sulfide in force mains/gravity interceptors via metering at established dosage rates into key pump station locations. Textone LlEndimal (Sodium Chlorite) -- an oxidizing solution used for chemical oxidation of odor causing compounds in liquid -phase and biosolids applications. The Endimal 1500 formulation has the additional advantage of a non -hazardous rating. • Hydrogen Peroxide - an oxidizing solution used for chemical oxidation of odor causing compounds in liquid -phase applications. • PRI-SC"m — Is a process of regenerating iron sulfide in solution by use of an oxidizer. This process is more selective towards hydrogen sulfide than a typical oxidizer and can provide a more cost-effective solution than either iron salts or oxidizers alone. • VX -456"" — a proprietary mixed oxidant product designed to remove and control malodors primarily in biosolids. As delivered, VX -456 reacts rapidly with sulfides and other odor -causing compounds commonly found in biosolids and continues to control odors for an extended period of time (up to 12 hours). VX -456 does not contribute to solids formation and does not interfere with further processing of biosolids. Advanced Dosing Controllers — an assortment of computer based controllers that utilize proprietary dosing models to optimally dose Siemens f liquid phase odor control products. 273 of 432 Aft SIEMENS • Chemical Feed and Storage Systems — complete storage and metering equipment for Qdophoso, QdoFreeo, Bioxide®, AQuit®, Bioxide-AQ®, Bioxide A+, Sodium Chlorite and Hydrogen Peroxide applications as well as other chemical storage and feed needs. • Remote Level Monitoring —Tank level monitors that report via cell modem to a central database. Tank level information is available on the Siemens website. Siemens Water Technologies' ability to offer such a vast array of odor control processes assures that the most cost efficient and effective options are always available. With headquarters located directly in Manatee County, additional service and operational costs associated with these processes are kept to a minimum, 274 of 432 SIEMENS Service 8 Maintenance Program A- SUMMARY Work consists of furnishing all labor, materials, equipment, accessories, tools, replacement parts, and chemicals required to operate and maintain the air scrubbing and chemical feed systems in accordance with the general criteria defined in the RFP documents and specifically agreed to with County personnel in each treatment application. B. SIEMENS WATER TECHNOLOGIES QUALIFICATIONS 1. Siemens Water Technologies is experienced in the development, design, operation and maintenance of both liquid phase and vapor phase odor control systems in municipal wastewater odor control applications. Siemens has supplied an increasingly broad array of odor control products and services to the County for nearly 27 years. 2. This experience and extensive odor control product offering has enabled Siemens to continue to stretch the County's budget across many more sites in the County. Through innovative products and processes such as ZABOCS, FSC, and PRI -SC, we have been able to maintain a high level of odor control service and responsiveness while minimizing the impact of market cost changes. 3. Siemens Water Technologies maintains a Technical Staff with over 100 years combined experience in the field of Wastewater Odor Control, including four (4) personnel with a minimum of a Bachelors degree in Chemical Engineering, This staff is located at the Sarasota (Tallevast) headquarters. 4. Siemens Water Technologies routinely performs extensive odor surveys when these services are required by the County to identify sources of excessive loadings or collection line odor problems. Siemens is able to collect the following types of data at a minimum, grab samples of vapor - phase hydrogen sulfide, mercaptans, amines, ammonia, and other odorous compounds; continuous sampling and data logging of vapor - phase hydrogen sulfide; grab and continuous sampling of liquid -phase dissolved sulfides, pH, temperature, ORP, nitrate residual and hydrogen peroxide residual. Siemens maintains the equipment to carry out these Aw� surveys including: Detection Instruments' Odalog H2S monitor/data logger, Arizona Instruments' Jerome HZS monitor, ISCO's 24 hour liquid sampler, 275 of 432 SIEMENS Aw, Gastec's hand sampling (vapor) pumps as well as various pH meters and other equipment. 5. Siemens Water Technologies owns and operates liquid tanker trucks for delivery of all the liquid phase odor control products and scrubbing chemicals required in quantities from 50 to 5,000 gallons. 6. Siemens Water Technologies has been operating at our current location, 2650 Tallevast Road, in Manatee County since 1976. This location houses both the Division headquarters and a full scale Service/Distribution Center for all products/services described herein. 7. Siemens Water Technologies maintains an inventory of small vapor phase systems and an extensive inventory of liquid phase odor control systems, which include a mobile demo trailer for fast reaction to new odor issues. The Sarasota Service Center has eight (8) full time service technicians, each equipped with a service vehicle and the knowledge of operating and maintaining both liquid and vapor phase odor control systems. B. Siemens Water Technologies has the ability to remotely monitor tank levels via a website to ensure uninterrupted service on liquid phase odor control systems. C. SCHEDULED SERVICE VISITS Siemens Water Technologies will visit each odor control system as often as necessary to maintain acceptable operation and to meet the odor control goals established by the County. This frequency shall be no less than twice per month. 2. At each visit, Siemens Water Technologies performs the following tasks at a minimum: a. Measure and record inlet and outlet 1-12S and/or NH3 levels, as appropriate per vapor phase odor control installation. Troubleshoot system as necessary to correct high discharge levels. b. Measure and record dissolved sulfides, HzS, nitrates, pH and temperature as appropriate at each control point for liquid phase odor control system, Adjust dosing profile as necessary to meet performance objectives. C. Measure and record scrubbing solution pH via grab sample and compare to pH controller. Calibrate/troubleshoot/repair pH control system and/or chemical feed system as necessary. 276 of 432 SIEMENS d. Measure and record scrubbing solution chlorine residual. Callbrate/troubleshoot/repair ORP control system and/or sodium hypochlorite feed system as necessary e. Inspect and record scrubber and biofilter make-up water flow rate. Adjust as necessary. f. Inspect chemical feed line wye strainers. Clean as necessary. g. Visually inspect scrubber packing, biofilter media, spray nozzles, and pH/ORP probes for scaling or fouling. Perform cleaning procedures) as necessary. h. Inspect all pumps and blower(s) for leaks and vibration. Correct as necessary. i. Check calibration of chemical feed pumps, advanced dosing controllers. and H2S Monitors to assure proper dosing. j. Perform any other tasks/repairs necessary to maintain/achieve proper operation of the systems. 3. In addition to the tasks described above, any and all calibration, 14� lubrication, or other maintenance shall be performed in accordance with the methods and frequency specified by the Equipment Manufacturer. D. EMERGENCY/ODOR COMPLAINT RESPONSE Siemens Water Technologies provides same-day response to any emergency repair need or odor complaint. This is accomplished by the local Service Center located in Sarasota, Fl E. REPLACEMENT PARTS Any and all replacement parts required for the provision of the services as described in these specifications are typically of the same make and model as the original equipment. Equipment design and replacement are the responsibility of Siemens Water Technologies. 277 of 432 LA IAW SIEMENS Sample Reports This section contains examples of reports and analysis that Siemens Water Technologies currently generates for the County. These examples are listed with a brief description below. 1. Lakewood Ranch Master — an example of preliminary investigation and implementation of an odor and corrosion control solution. including pre- and post-treatment grab and continuous monitoring data. 2. Randomly Selected Survey Data Sheets — all chemical feed sites (control points) are measured and recorded twice each month. 3. Scrubber Log Sheets — one example of the typical scrubber log sheets for one month. Scrubber logs maintained on every scrubber. 4. 6iofilter Log Sheets — one example of the typical biofller log sheets for one month. Scrubber logs maintained on every scrubber. 278 of 432 SIEMENS 'm� Safety Plan The Siemens philosophy of Safety Management is that each employee has a key role in maintaining an accident free workplace — both on and off site. This is accomplished through training and awareness. and through various inspection processes. Our facility has an established Safety Committee to provide leadership for the safety program and to promote safety awareness. They meet on a monthly basis to discuss the following: • Follow-up on action items • Review of accidents and safety statistics • Report on monthly audit Issues brought before the committee • Appropriate training programs • Update action item list Our facility also conducts Employee Safety Meetings on a monthly basis. These meetings are designed to: • Review any accidents since the last meeting including causes and corrective actions • Review monthly safety audit • Discuss monthly (corporate) safety topic • Discuss local safety issues • Take questions and observations from employees Safety Audits are conducted on a monthly basis. These inspections include not only the grounds, but also the equipment and techniques used by our employees including field personnel. Siemens employees are trained In the following programs depending on their job classification and exposure to hazards. Employees not trained in these programs will not be able to work in the department or area until the training has been completed. 'r Hazard Communications - Employees who work with or around chemicals will be trained in the following areas: . Material Safety Data Sheets- how to use them and where they can be found. These are supplied with each chemical delivery vehicle. • Labeling requirements and reading labels — all chemical tanks are labeled using the proper Hazardous Material Information System label. 279 of 432 SIEMENS • Hazards handling procedures, and first aid for the chemicals In use_ • Hazards associated with non routine tasks • Contractor notification •:• Lockout/Tagout — Employees who service, maintain, or install equipment will be trained In Lockouti fagout procedures. These are the only employees authorized to lockout power or stored energy sources. All other employees are aware that a locked out piece of equipment cannot be started except by the employee who locked it out, Personal Protective Equipment — All field employees are required to wear safety glasses and steel toed safety shoes. They are also supplied individual P.P.E. bags which contain all of the safety items that they may need at the work site. They are required to have these with them at all times. •:• Confined Space Entry — Any employee required to enter a confined space such as a tank or Lift Station is trained to seek authorization from a Supervisor and file the appropriate forms before they begin. They are trained in the proper methods of entry and supplied the personal monitoring equipment to assure the environment is safe, and remains so throughout their service session. Additional Programs include, but are not limited to: Bloodborne Diseases, Accident Reporting, Hearing Conservation, Fall Protection, Ladder Safety, and Driver Safety. These programs are designed to ensure that all personnel maintain a safe environment at all times. Coupled with the additional measures such as cross-link polyethylene tanks, above ground storage of tanks within containment pads, GFCI breakers, and regular inspections of tanks and various site equipment, Siemens makes safety our number one priority. 280 of 432 A", t SIEMENS Warning Notices Siemens Water Technologies has received NO warning notices within the last three years. Therefore no consent actions were levied against our facility. This Section is not applicable. 281 of 432 SIEMENS The following provide be supplied by the necessary to achie listing includes items may need in the future odortcorrosion contra technology should b treatment. Cost Summary s a listing of the Odor/Corrosion Control Products and Services to "Contractor" (Siemens Water Technologies Corp.) as deemed ve the treatment objectives stipulated by Manatee County. This currently being used by the County, as well as items the County . While this list provides a substantially complete range of proven I products and services, options for adding new advances in e allowed to ensure the County maintains "state of the art" Our proposed costs are presented in the following sections: A_ CHEMICAL/BIOLOGICAL PRODUCTS B. EQUIPMENT C. PROFESSIONAL SERVICES & OTHER PRODUCTS. D. PRICING ADJUSTMENTS AND SALES VOLUME SURCHARGES 282 of 432 SIEMENS A. CHEMICAL/BIOLOGICAL PRODUCTS Item # Description Proposed Price 1 Bioxide $ 1.89 !01 2 Bioxide AQ $ 2.65 /gal 3 Bioxide A+ $ 2.60 /gal 4 'A+ $ 1.50 /gal 5 Bioxide AE 45 $ 2.35 /gal 6 Nitr`az me Plus $ 1.75 / al 7 Odo hos 0.5 Wal $ 0.48 I1qaI 8 10doFree $ 0.92 /gal 9 Ferric Sulfate 10% $ 0.95 /gal 10 Textone L NaG1O2 $ 0.65 /lb 11 Endimal 1500 $ 1.36 /lb 12 Hydrogen Peroxide 50% $ 0.38 /lb 13 PRI -5C Peroxide $ 0.42 /Ib 14 VX -456 $ 1.12 /Ib 15 Aquit $ 15.00 llb 16 'Sodium Hydroxide 25% $ 1.40 /gal 17 Sodium Hydroxide 50% $ 2.70 / al 18 —Sodium HyPochlorite $ 1.30 ! al 19 Friendly Scrubber Component FSC 150 $ 3.25 /Ip All product prices within this section include delivery, application equipment, ongoing maintenance. technical evaluation/support service, and technology licenses. 283 of 432 w AD - SIEMENS B. EQUIPMENT The following table includes pricing for vapor -phase treatment equipment installed prior to September, 2007 (i.e., prior to the execution of this contract), Existing System Pricing: 284 of 432 Proposed FSC Program Item Monthly 25-75 ppm 75-125 # Description Rental Fee Ave ppm Ave Wet cru ers IN on - 1 X100 CFM (Single Sta e $ 500 $ 615 $ 730 2 100-400 CFM Two Stage) 5 920 $ 1,208 $ 1,496 3 300-1000 CFM Three Stage) $ 1,130 $1,499 5 1,867 4 500-1000 CFM w/ Acid Stage) S 1,600 NIA N/A 5 1000-2000 CFM $ 1,800 $ 2,537 S 3,275 6 2000-6000 CFM $ 3.500 $ 4,998 S 6,495 7 9000-11000 CFM $ 3,500 $ 5,228 $ 6,956 Biological scrubber 1 [Natural Draft $ 100 2 1<75 CFM $ 350 3 75-150 CFM S 750 4 150-350 CFM 5 1,050 5 350-500 CFM $ 1,300 Carbon scrubber 1 a75 CFM $ 350 2 75-200 CFM $ 800 3 200-400 CFM $ 11100 4 400-600 CFM $ 1,350 284 of 432 I SIEMENS The following table represents monthly cost for new installations installed in Manatee County after September 2007, All fees assume a minimum of 24 months For new sites. Siemens Water Technologies will work with Manatee County on providing the most cost-effective solutions for odor and corrosion issues. The County will be charged the following rates based on air flow and HzS levels on sites with relatively stable hydrogen sulfide loading and typically low organic loads. This table represents Siemens primary vapor phase technology choices, Due to loading and/or site constraints some sites may require the application of chemical scrubbers. Please see the next page for those applications. Siemens Water Technologies Primary Vapor -Phase Technologies Monthly Costs Item # Air Flow Rate cfm Avera a H25 Concentration A 8C ¢ 10 10-100 100-200 my D 200-500 1 Natural Draft $100 $250 N/A N/A 2 75 CFM $460 $630 $760 $1,320 3 15D CFM $625 $760 $1,320 $1,635 4 1 350CFM $1300 $1,320 $1,635 $1810 5 600 CFM $1,500 $1,635 $1,810 $2,540 6 850 CFM $1,740 $1.810 $2,185 $3,200 7 1150 CFM $1,790 $2,1851 $2,540 $3,500 8 1500 CFM $2,020 $2,540 $2,745 $3,700 9 2000 CFM $2,290 $2,745 $3430 $4,100 10 3000 CFM $2,695 $3,4301 $3,930 $4,900 11 4000 CFM $2,945 $3,93Q $4,900 $5,900 12 5000 CFM $3,630 $4,620 $5,900 $6,800 13 1 8000 CFM $5,425 $6,200 $7,000 $8,000 14 12000 CFM $7,410 $8,500 $9,500 $10,500 15 15000 CFM $8,100 $10,500 $11,500 $12,500 16 18000 CFM1 $8,6301 $12,500 $13,000 $15,000 285 of 432 SIEMENS The following table represents monthly cost For new chemical scrubber installations Alk installed in Manatee County after September 2007. All fees assume a minimum of 24 months for new sites. r Locations requiring vapor phase solutions with HzS inlet concentration swings greater than 50% of the average loading or significant ammonia/organic odor may require a chemical scrubber listed in the tables below: Siemens Water Technologies Chemical Scrubber Monthly Costs Item # Wet Scrubber Description New Fee FSC Pro ram 25-75 75-125 ppm H2S ppm HzS Ave Ave 1 100 CFM (Single Stage) $ 1,030 $ 1,168 $ 1,306 2 450 CFM Two Stage) $ 1,026 $ 1,649 $ 1,994 3 1450 CFM Three Stage) $ 1,548 $ 1,894 $ 2,239 4 900 CFM Three Sta e $ 1,664 $ 2,106 $ 2,549 5 900 CFM Three Stage w/Acid $ 1,706 N/A N/A 6 2000 CFM $ 3,290 $ 4,174 $ 5,059 7 4000 CFM 3,3681 5,165 $ 6,962 8 4000 w/ Acid Stage $ 4,3301 N/A N/A 9 5500 CFM 4.7861 $ 6.721 1 $ $ 657 10 17100 CFM $ 4,872 $ 8,881 11 9100 CPM $ 5,016 $ 9,163 12 11200 CFM $ 5,398 $ 10,375 13 13600 CFM $ 5,848 k7, $ 11,654 14 16200 CFM $ 6 150 $ 12,786 15 20000 CFM $ 6,653 $ 14 11816 24500 CFM $ 7,128 $ 15,422 For scrubber systems above that are not utilizing the "Friendly Scrubber Program", sodium hydroxide and sodium hypochlorite can be supplied at the pricing shown in Schedule A. Should the County desire to employ the FSC program on systems that are not currently covered under our services program, FSC can be provided on a per pound basis as shown in Schedule A. 286 of 432 SIEMENS C. PROFESSIONAL SERVICES & OTHER PRODUCTS. Scrubber Maintenance Contracts Siemens will operate and maintain the following scrubber systems owned by Manatee County as shown below. Siemens will provide all service and will invoice the County for parts plus 15% for all items over $100 on the units below: Product Descrintlon Proposed Price 1. Scrubber Maintenance Q $1.098/mo. Southwest Regional Waste Water Treatment Plant 2, Scrubber Maintenance Q $698/mo. Southeast Regional Waste Water Treatment Plant AP� Fully Automated Odor Control Products Product Description Proposed 1 HzS Monitor $345/mo. 2. Advanced Dosing Controller & Monitor $420/mo Monthly fee includes Internet access to data. County shall be responsible for any necessary site improvements, utilities, and security required for the application of the products and services listed herein. Professional Services: The following services are offered in conjunction with odor control projects that do not include provision of technologies or services from Siemens that are found elsewhere in this contract: Service Desch Fee 1. Engineer or Chemist $160.00/hr. 2. Technician $100.00/hr. Am- 3. Professional Engineer (P.E.) $300.00/hr. 287 of 432 SIEMENS D. PRICING ADJUSTMENTS AND SALES VOLUME SURCHARGES The pricing included herein is proposed for the first annual contract period. Siemens Water Technologies proposes that the contract be subject to annual renewals at the mutual consent of both parties for as many years as deemed beneficial to both parties. We propose that prices be adjusted at the time of annual renewal per the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI), except for the following commodity products. *Sodium Hydroxide - Price to be adjusted annually by the CMAI (Caustic Manufacturers Index). **Sodium Hypochlorite — Price to be adjusted annually based on local Florida market conditions. The price lists reflect the price structure Siemens Water Technologies proposes for the first contract period. This pricing reflects a volume discount based on Manatee County's sales volume, which historically is well above the threshold values. Should volume drop below the thresholds listed, surcharges as defined would apply. 1. Gross sales below $500,000 yearly will increase all costs in this proposal by 5%. 2. Gross sales below $250,000 yearly will increase all costs in this proposal by 10%. Sales volume for pricing purposes shall be determined at contract start based on estimated budget and shall be reviewed at annual renewal unless sales volume levels change by 2D% or more during the year. 288 of 432 7.D BIDS AND PURCHASES OVER $100,000 February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE F-1NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ® BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve a 3.5% increase from Chemical Lime Company that was awarded the Co -Op Bulk Quicklime Bid # 005-2821-09/JA approved at the December 16, 2008 Commission meeting. The estimated expenditure for the City of Boynton Beach Utilities Department is $270,000 which includes the 3.5% increase. EXPLANATION OF REQUEST: Due to increased fuel, transfer, transportation and storage costs Chemical Lime Company was forced to increase their bid pricing. This bid is a Co -Op bid with five (5) entities. All five (5) entities agreed to the increase as justified per the attached letter from Chemical Lime Company. Quicklime (CaO) is used at the East Water Treatment Plant to adjust the pH of the raw water in preparing for further treatment and to remove hardness which, in turn, prevents scaling in the pipelines. Contract Period: December 16, 2010 to December 15, 2011. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Lack of, or poor quality, quicklime may result in the scaling of pipelines and increased water hardness to consumers. The purpose of this extension is to secure a source to provide the best quality quicklime at the most economical price, with delivery to various governmental entities that have elected to participate in the Co-operative bid. 289 of 432 FISCAL IMPACT: Funds are available in account 401-2811-536-52-35. Recent fiscal expenditure is as follows: • FY 2007/08 - $179,964 • FY 2008/09 - $237,022 • FY 2009/10 - $272,438 ALTERNATIVES: The City of Boynton Beach could explore the use of other coagulants or antiscalants. However, this may lead to higher water treatment costs or possible water quality infractions. 290 of 432 A =11 Ilei Y [1]120 ;ire A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A 3.5% INCREASE IN COST FROM CHEMICAL LIME COMPANY WHICH WAS AWARDED THE CO-OP BULK QUICKLIME BID #005-2821-09/JA FOR AN ESTIMATED EXPENDITURE IN THE AMOUNT OF 5270,000.00; AUTHORIZING THE CITY MANAGER TO ACCEPT THE NOVEMBER 18, 2010 WRITTEN OFFER FROM CHEMICAL LIME COMPANY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 16, 2008, the City Commission approved the award of the Co -Op Bulk Quicklime id #005-2821-09/JA to Chemical Lime Company with an estimated expenditure of $250,000.00; and WHEREAS, due to increased fuel, transfer, transportation and storage costs, Chemical Lime Company has been forced to increase their bid pricing by 3.5%; 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 the 3.5% cost increase and authorize the City Manager to accept the November 18, 2010 1ATitten offer of Chemical Lime Company for a period of one year from December 16, 2010 to December 15, 2011. 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 the 3.5% cost increase and authorize the City Manager to accept the November 18, 20101ATitten offer of Chemical Lime Company for a period of one year from December 16, 2010 to December 15, 2011, a copy of which 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 February, 2011. CITY OF BOYNTON BEACH, FLORIDA 291 of 432 ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Mayor — Jose Rodriguez Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay Commissioner — Steven Holzman 292 of 432 11/22/2010 09:41 RIR 6636449030 Lhoist North America Lhoist Group November 18, 2010 Ms. Carol Doppler, CPPB Purchasing Agent City of Boynton Beach Procurement Services 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 VIA FACSIMILE Dear Ms. Doppler: Q0001/0004 This letter is in response to your Inquiry regarding a short-term renewal of the lime supply agreement (Bid Number 080-2821-073A) between Boynton Beach and the members of the Palm Beach County Purchasing Cooperative and LhoiWChemical Lime Company that is scheduled to expire December 15, 2010. As you may know, Chemical Lime production facilities are located near Birmingham, Alabama. CSX Rall brings lime to Chemical Lime dlstnbution terminals around Florida, where the lime is unloaded from railcars, placed in storage, and shipped to our customers on demand. We have again experienced modest rail freight Increases, Increases In the transfer and storage costs at our Florida terminals, and in truck freight. The increase in rail transportation is $2.71 per ton, the increase In transfer and storage costs is $0.41 per Wn, and the increase in truck freight is $0.54 per ton. In addition, coal costs, which comprise about 40% of our lime production posts, have increased, resulting in a material cost Increase of $4.46 per ton. I am including a copy of a report from the US Department of Energy as documentation or these changes. The aggregate of these cost increases amounts to $8.12 per ton, or 3.5% Chemical Lime is agreeable to extending the lime supply agreement through December 15, 2011 if we can pass along freight and transfer cast increases as represented above. Please let me know if this arrangement is acceptable to the City of Boynton Beach and the members of the Coop, or if you have any questions. As always, your business is appreciated at Chemical Lkne Company. very truly yours, CHEMICAL LIME COMPANY hn L. Thompson lorida Sales Manager Attachment (1) Chemical Lime Company of Alabama, LLC Lakeland Sales Office 4720 Cleveland Heigh is Boulevard, Suite 203, Lakeland, Florida 33813 Phone. (863) 644-9070 Fax. (863) 6449030 Toll Free: (877) 6449010 293 of 432 11/22/2010 09:41 FAX 8676449030 Q0002/0004 t,A U.S. Energy Information Administration Independent Statistics and Analysis HOM > til > New York Merewrlre Exdw*n NYMEX Coal Futures Near -Month Contract Final Settlement Price 7010 Oato for: Ootobav 22, 201e ReOctober 25,2010 Ante; Octob25, 2010 Next aelame Dane: November 01. 2010 The New York Mercantile Exchange (WMEX) Report provides settlement price data for Contra] Appalachian (CAPP), Western Powder River Basin (PRO), and Eastern CSX Transportation (CS)Q Coal futures. Coal, as a commodity, began trading at NYMEX on July 12, 2001, under the CAPP symbol. The graph below displays the daily final settlement prices for CAPP, PRB, and CSX coal futures. View an CJrrerinew Tn of CAPP coal futures market View "skO4 CAPP Settlernent Pekes. View Cune tt CAPP. Settlement Prices. NYMEX Coal Futures NahtiManth Contract Final Sultlamerd Price 2010 i120A0 iie0.00 - fi s� CardrY fq�palachian (E]L] g EaRem Raiff csx (OX) w wul«n Rall PRB (OP) 7000 January March May July September eevemaer Febmary April Juhe August October Oeaember !9 n— m of 1QrO2010 Neta: No dote awilable for wewbem PNB and Eastern CSX prior ro &SOW. View the 1Neeldy Coal PnoducWn Report for the most recent week. Yew the Coal News and Markets Report for the most recent week. View the Ouanerly Coal Report for the most recent quarter. View the most recerrt issue of the Annual Coal Report. view an on-line Summary of U.S. Coal Supply and Demand. Sion uv to automatically receive via Emaii. 294 of 432 9.A PUBLIC HEARING February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ® PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE F-1NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve Conditional use for Boynton Town Center Dry Cleaner (COUS 11-001) with on -premises cleaning and laundering, to occupy existing retail space in the SMU district. Applicant: The Sembler Company (TABLED ON 1/18/11) EXPLANATION OF REQUEST: Mr. Mike Hagen with The Sembler Company, representing a potential lessee, is seeking conditional use approval to allow a dry cleaner with on -premises cleaning and laundering capabilities. Mr. Hagen considers the proposed lessee to be a "green dry cleaning and laundering facility" because no petroleum products (e.g., perchlorothylene — PERC) would be used in its operations. The lessee would occupy a vacant bay that is approximately 1,500 square feet, which would comply with the maximum allowable size allowed in the SMU district. Although no time table was given, it is understood the business would commence immediately upon City approval; after execution of a lease agreement; and after interior build -out is complete. According to the conditional use application, the only proposed exterior building modification would be the addition of roof hoods and vents for the cleaning equipment, and such hoods and vents would not be visible above the existing parapet wall. The Planning & Development Board reviewed this request on December 28, 2010 and forwards this item to the Commission with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not approve subject request. 295 of 432 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-072 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP Planner II DATE: December 20, 2010 PROJECT: Boynton Town Center Dry Cleaner (COUS 11-001) REQUEST: Approve conditional use for Boynton Town Center Dry Cleaner (COUS 11-001) with on -premises cleaning and laundering, to occupy existing retail space in the SMU district. PROJECT DESCRIPTION Property Owner: Applicant: 1950 Congress Avenue, LLC The Sembler Company / Mike Hagan Agent: The Sembler Company / Mike Hagan Location: 910 North Congress Avenue (see Exhibit "A" — Location Map) Existing Land Use/Zoning: Mixed Use Suburban (MXS) / Suburban Mixed Use (SMU) Proposed Land Use/Zoning: Mixed Use Suburban (MXS) /Suburban Mixed Use (SMU) Proposed Use: Dry Cleaner with on -premises cleaning and laundering Project Size: 1,500 square foot store front on a 15.423 -acre parcel Adjacent Uses: North: Undeveloped land approved for a residential condominium classified Mixed Use Suburban (MXS) and zoned Suburban Mixed Use (SMU); South: Existing off-street parking area for retail building classified Mixed Use Suburban (MXS) and zoned Suburban Mixed Use (SMU); 296 of 432 East: Undeveloped land approved for residential townhouses classified Mixed Use Suburban (MXS) and zoned Suburban Mixed Use (SMU), still farther east is right-of-way for Renaissance Commons Boulevard; and West: Existing retail building classified Mixed Use Suburban (MXS) and zoned Suburban Mixed Use (SMU); still farther west is right-of- way for Congress Avenue. BACKGROUND The subject site and surrounding buildings are located along the "main street" (center portion) of the Boynton Town Center project, which is zoned SMU. The newly constructed buildings are occupied by a variety of retail and commercial service uses. Until recently, dry cleaning establishments located in the SMU district were prohibited from cleaning or laundering clothing and garments on-site; they were restricted to serving as drop-off facilities only. Earlier this year however, the City passed Ordinance 10-020, which removed the prohibition of on-site cleaning or laundering for properties located within the SMU as well as the other mixed use districts. The ordinance allows for cleaning and laundering activities on -premises contingent upon conditional use approval, and it restricts the establishment to a maximum allowable size of 2,000 square feet. PROPOSAL Mr. Mike Hagen with The Sembler Company, representing a potential lessee, is seeking conditional use approval to allow a dry cleaner with on -premises cleaning and laundering capabilities. Mr. Hagen considers the proposed lessee to be a "green dry cleaning and laundering facility" because no petroleum products (e.g., perchlorothylene — PERC) would be used in its operations. The lessee would occupy a vacant bay that is approximately 1,500 square feet, which would comply with the maximum allowable size allowed in the SMU district. Although no time table was given, it is assumed the lessee would move in immediately upon City approval and after interior build -out is completed. According to the conditional use application, the only proposed exterior building modification would be the addition of roof hoods and vents for the cleaning equipment, and such hoods and vents would not be visible above the existing parapet wall. The LDR defines a Conditional Use as a use that would not be appropriate generally, or without restriction, throughout a zoning district, however, if controlled as to area, location, number or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity and safety of the City. 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 each of the standards. The Planning & 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 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. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the 297 of 432 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 site and surrounding buildings have been approved for retail and commercial service uses and were designed as such with points of ingress / egress along North Congress Avenue, Old Boynton Road, and Renaissance Commons Boulevard. Existing sidewalks are present throughout the site to provide safe pedestrian access to the building. No changes to vehicular circulation, traffic flow and control, or pedestrian access are being made with this request for conditional use approval. 2. Off-street parking and loading areas where required, with particular attention to the items in standard 1. 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 original Boynton Town Center project was approved with a mix of residential, retail, restaurant, and office uses. The required parking for commercial uses was based on a "shopping center" rate, which is one (1) space per 200 square feet. A dry cleaning establishment would fit under this category and thus, comply with the City's off-street parking requirements. No changes to the site (e.g., off-street parking, vehicular use areas, etc.) are being proposed with this request for conditional use approval. According to the applicant, the lessee "does not have plans to service other drop off locations at this time, but if in the future this becomes a possibility, we anticipate that the only associated external activity would be a single van drop off in the morning around 9:00am and a van pick up at 4:00pm. As such, we anticipate delivery truck impacts to actually be less than would be expected from other already permitted retail / commercial uses within the zoning district." No glare is expected from the proposed use. Any external noise generated from the building would be similar to other permitted uses allowed in the zoning district. The applicant states the expected external noise would be limited to "the sound of a roof mounted compressor and exhaust fans typical of those found on many retail stores, restaurants, etc." 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The proposed dry cleaner use does not require additional refuse or service areas above that which was already approved and constructed as part of the Boynton Village project. The intent is to utilize the existing dumpster that is shared amongst the tenants of the building. During the time when staff was conducting the research which led to the creation and drafting of Ordinance 10-020, an interview was conducted with an owner / operator of an existing dry cleaner establishment, which revealed the following: "Chemical waste generated by the establishment is regulated by the Florida Department of Environmental Protection (FDEP). The waste is collected using keg - sized containers and removed from the premises by licensed hazardous waste haulers. Establishments typically generate two (2) containers of waste every six (6) to 10 weeks. Waste hauler trucks are there for about a half-hour each time they visit." 298 of 432 With respect to the above -captioned information, staff does not anticipate any issue with refuse or service areas related to the proposed dry cleaner. The conditional use application states that deliveries will be made at the dedicated rear service doors to the suite. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available and unaffected by the addition of the proposed use. Any required interior plumbing fixtures, sanitary drains, or other utility - related upgrades will be addressed when the lessee submits plans to the Building Division for tenant build -out. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. As previously stated, no exterior modifications are proposed, except for required vents and fans, which are typically installed on top of the roof. The applicant indicates that all this necessary equipment would be placed on top of the roof and screened by the existing parapets. No landscaping or buffering would be affected or changed as a result of the proposed dry cleaner use. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The proposed dry cleaner would not have any additional signage above that which is allowed by code. It is anticipated the prospective tenant would request a permit for wall signage, and any such signage would have to comply with the development's sign program. The photometric levels of the exterior parking lot lighting would not change as a result of the proposed dry cleaner use. The existing building is surrounded by other commercial buildings, and a dry cleaner would be compatible and in harmony with the abutting commercial uses. Required setbacks and other open spaces. The proposed dry cleaner use would have no impact on approved setbacks or open spaces. 8. General compatibility with adjacent properties and other property in the zoning district. As previously mentioned, the existing building is surrounded by other commercial buildings, and a dry cleaner use would be compatible and in harmony with abutting commercial uses. The Boynton Town Center project is a master planned development and all commercial buildings were designed to compliment each other. It is logical, therefore, and very much expected that this type of development would attract a dry cleaner as a prospective tenant. In many ways, a 1,500 square foot dry cleaning establishment would be less intensive than other commercial uses (e.g., restaurant), which are allowed by -right in the SMU zoning district, and would ultimately represent the convenience -type business that would serve future residents of this development. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. Dry cleaners which conduct cleaning or laundering activities on -premises are required to comply with ventilation regulations of the Florida Building Code. To meet these requirements, operators typically install fans outside the building, either on the sides or 299 of 432 on the roof. The applicant would have to prove that the roof could support the additional load (weight) of any new rooftop equipment. This type of information would be required at the time of permitting. The existing building was previously designed with parapet walls, and the applicant is required and promises to conceal any required rooftop equipment with such walls. 10. Economic effects on adjacent and nearby properties, and the city as a whole. Dry cleaning establishments are common in commercial settings such as this, and on-site cleaning and laundering activities are not expected to have a negative effect on neighboring properties or the city as a whole. The applicant has indicated that the establishment would utilize "green" cleaning methods, which is certainly welcomed by the City. With respect to the subject property, the economic benefit to the City is expected to result in a yearly increase of $400 of additional revenues, consisting of a negligible increase in tax revenue as well as the collection of business tax receipts and fire assessment fees. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part III, Chapter 4. Site Plan Review, of the City's Land Development Regulations. Not applicable. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. In the application, the applicant indicates the proposed use would operate in complete compliance with all applicable nuisance and hazard performance standards. With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above -referenced codes and ordinances of the City of Boynton Beach. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring 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 level 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, types and coefficients 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. Not applicable. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval 300 of 432 as contained in Exhibit "D" — Conditions of Approval. Any conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "C" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.C.5, 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 Business Tax Receipt. S:\Planning\SHARED\WP\PROJECTS\Boynton Village -Boynton Town Center 1\COUS 11-001 Dry Cleaner in SMU\COUS Staff Report1.doc 301 of 432 EXHIBIT "A" - SITE LOCATION MAP BOYNTON TOWN CENTER DRYCLEANER (COUS 11-001) 330 165 0 330 660 990 1,320 Feet 302 of 432 LLS8A838F M1R.G E F.F.E. 14.25 I II 1 @ j I ainq _ i LI ... ❑/ --------------- V rn;1 I.: yUIDED USE i FFF 1 .251 FFE. FF.E. 1425 Td' r ' 1.81d2Y v n .. -in ISM _. oLcw r I �ET1a25 s RETAIL t .07,5 F e t [ R.'TAIL `1 8,280 S.F. -1 F Fc 14.25 ND FL ' Singy Proposed Dry Meaner Location in — c we 13� q uw r_I Existing Single Story Retail Buliding .F ' flLTNL i 11,318 YFF.F.E. 14.25 FL25 massyYd mY tar B .• 1 STORY�q [1 m* I (T' Imo.y , ,E ; , ------------- PROPERTY LNE CONGRESS M. ENUE 303 of 432 ■ 304 of 432 305 of 432 EXHIBI EXHIBIT "C" Conditions of Approval Project name: Bovnton Town Center Div Cleaner File number: CODS 11-001 Reference: See Exhibit `B" DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry- Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORE STERE NVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Pursuant to Chapter 4, Article 111, Section 3.A.9, all rooftop equipment, including fans which may be required because of the div cleaner, shall be completely screened from view at a minimum distance of 600 feet. X 306 of 432 DEPARTMENTS INCLUDE REJECT 2. Pursuant to Chapter 2, Article II, Section 2.C.5, 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 Business Tal Receipt. X PLANNING AND DEVELOPMENT BOARD Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Village -Boynton Town Center 1\COUS 11-001 Dry Cleaner in SMU\COA.doc 307 of 432 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Bovnton Town Center Div Cleaner APPLICANT/AGENT: Mr. Mile Hagan Nvith the Sembler Company APPLICANT'S ADDRESS: 1450 South Johnson Fenn Road, Atlanta, GA 30319 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 18, 2011 TYPE OF RELIEF SOUGHT: Request conditional use approval for a div_ cleaner in the SMU district Nvith on -premises cleaning and laundering. LOCATION OF PROPERTY: 910 North Congress Avenue DRAWING(S): SEE EXHIBIT `B" ATTACHED HERETO. X THIS MATTER came on to be heard before the Citv Commission of the Citv of Bovnton 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 Nvas made by the Applicant in a maimer consistent Nvith 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" Nvith 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 tale effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance Nvith the terms and conditions of this order. 7. Other DATED: Citv Clerk S Plammig,SHARED R'PPROTECTS'.Bovnton Village-Bo�aiton ToNvn Center 1 ,CODS 11-001 Dn Cleaner ui SNITT,DO.doe 308 of 432 10. A CITY MANAGER'S REPORT February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE F-1NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Receive a recommendation from the advisory committee regarding the renaming of Jaycee Park. EXPLANATION OF REQUEST: On October 5, 2010, the City Commission established an advisory committee to consider and make recommendations regarding two requests for renaming Jaycee Park. One request, from the artist who designed the public art markers in the park, was to rename the park Waters Edge Park referencing the natural features and geographic location. The second request was from the Rotary Club to change the name to Boynton Beach Rotary Park in consideration for monetary sponsorship. The advisory committee consisted of two individuals appointed by the Commission representing each of the following advisory boards: Recreation and Parks, Senior, Community Relations and Education and Youth. The advisory committee met on January 5, 2011 to consider the recommendations. Both recommendations were discussed. It was determined that since there is a Watersedge Condominium in Boynton Beach, renaming the park to Waters Edge would be confusing. The committee decided that naming the park after the Rotary Club for monetary consideration was not enough justification to do so. Due to the fact that Jaycee Park has had that name for 40 years, the committee decided that the name itself had historical significance and recommended leaving the name as Jaycee Park. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: 1) To consider renaming the park Waters Edge Park or Boynton Beach Rotary Park; 2) Consider further "renaming" opportunities. 309 of 432 L 0 August 19. 2010 Lori LaVeniere Assistant City managcr City of Boynton Beach Boynton Beach, FL 33425-0310 Dear Ms- Laverricro, It has come to our attention that there may he a renaming opportunity For the Jaycee Intracoastal Park, located on Federal Highway in Boynton Beach, Our Boynton Beach/Lantana Rotary Club would be eery interested in pursuing this endeavor and renaming it Boynton Beach Rotary Park. The Rotary Organization has been in existence for over 75 years and our Boynton Bcach/Lantana. Rotary Club was founded in over 50 years ago. We are one ofthc most respected organizations in the world and have been a part of Boynton Beach history for over 50 years! We arc not aware of any existing requirements for pursuit of this name change; but we, as an organization, are willing to donate our time and talent planting flowers, triinming hedges, conducting weekly park checks and having park clean-up/spruce-up schedules. We are also willing to commit to a monetary requirement to secure this project. Please advise us as to our next step in pursuing this project. We anxiously await your reply, and thank you for your consideration. Sincerely, Deborah Donnelly-McLay President, Boynton Beach/Lantana Rotary Club ddonnel ly - Ipapilot.org 561-537-0045 310 of 432 July 24, 2,'05 fv]s. Jock, Pivers Recreatior'. and Park utrta(!3 ""C"rri,t{;3rt ;L) E Euynt::n+ 13c ar;l'i Blvd E'syr to uNich, Florica 3J42,`-� Cigar Pugs Rivers. As wrt., hr ve discusser.) c+ar<iaa ar .r1 i,Iipoitaril ,sNwci<rlly :.hrvn it Colles t.: ar•, na;ries veiy t)1sril,fiC{:]I ;I 'he n,a-nr an cive,.a de�,rription c:f XId WN,It carr n•+ay cwxp=ct tc iirsd. 1' hPP; heen mach: i paeasure w;t,? 11he rt-; tn- :a't,c,nsoItan',s and cdy staff to it +:e Iqr the co^cep^.s for the Interpretv:e Public Art Markers at Jaycee Park! Part cfthis invo.ve;d researchjrig ir,,e history of Boynton K-ach an.Wo akin to'old t r- rS. i r;r,-,du`,je I can spear for a1of us ir•vclvod, we have a nevi round respect and affectrara for this city, its of,gins and this wondedul liftie, park. Lrelr:een the vae:r s edge anti US`. r•..•.,r:; ,! Or:gically: the park was na.'ned Jaycee Park, because it Was used by the Jaycees. , lowev43, the Cary purchased the park and has rn:ade snarly substantial renovations including the =eplantinc of Mangroves. The connection het4,r-eri the a •... park. and ?he Jaycees has Mt eXiSted for along time The name is confusing, givEs credit that is no longer due .and most irnportawa y, says little aha"ut the iaark itself I certainly seems that tHs lovely little park. an oasis arrro,ng tower,rg condcmiin:ums, asphalt dnvevvays andtrig7svays, cdesNrvers a s;arnr that Eicher de ;Ates its place fn tare ccrnmunity. Thies is such a rare: find in South Flcnda t' -C -,O ,days. a piaci: that Cities the community direc' across tc °"e infra ccas:ai Off Dehatf of tate consultants and city staff working, on the Interpretive Public Art f.6 ar'k G; for this park, I wauid like to recolsmer:d the: Brame far Jay-- e Pdsk he changed w Ji atc:'s Edge Park. For the f ;!e,•rirrg-easons are feel this name JusGrib�es the park for the cornmumty d serves: rL §i=nr.*lef.s rtarre' covers past, pre:, ,eW and 3u'wer. Romantic and poetic + Tpeaks ^0 u"4nal hi&ioryc of Dc'ymor. 3earn as "ell ;> w•a y . •r06e ccne hawk f,the %vater and its proximq to the Gulf Stream] s 77a conncMazion of the- n;�rr.0 °!t; the reality small,, int:mat'e, playful whiio at the same, t:m+, reflee.tive • T t e name indic ate.• -vhat can vnjzing piece, of 10al e l atc. �t is, 7-.-- y�[,:; for j�n�r tlm6".:$r�J C:CN'rs;,deaatnon Piea:se :r -)t m,--:nr.,A, if tile?rrt is an•y,Nng else I car do --vith recaa.rd to ror,arning the park. E..y•wy r'.'I f' KeshM'J�r� a=,ssst ; I'rssdt;ce,r J tiro ikn Cs I.1 �'., ri'.;p Gr'-lut5, Inc 311 of 432 10. B CITY MANAGER'S REPORT February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE F-1NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R11-025 -Approve a Voluntary Separation Program for non -probationary, full-time City employees from April 1, 2011, through May 31, 2011. EXPLANATION OF REQUEST: Staff is recommending the implementation of a Voluntary Separation Program for all non -probationary, full-time employees. This program is premised on the assumption that the positions vacated would either, not be filled, or filled at a lower rate of pay, thus providing a savings for next fiscal year. In FY 2009/10, a similar program was offered and fourteen (14) employees participated which resulted in a total savings of $250,521. Attached are the proposed documents for your review and approval including: • The Voluntary Separation Program Agreement, Waiver and Release • Exhibit A - The Voluntary Separation Program Addendum to Agreement, Waiver and Release, and • Exhibit B — The Voluntary Separation Program Policy A copy of the Proposed Resolution adopting the Voluntary Program has been provided to the Unions. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The precise impact of the loss of personnel is dependent on the classification of the employees who are departing and their role in the departmental operations. Some positions are critical to the success of the organization and must be filled. In addition, the City Manager has the discretion to delay some employee departures for no longer than four (4) months, if deemed necessary. 312 of 432 FISCAL IMPACT: The savings in personnel costs will be dependent upon the number of personnel who elect to participle and the ultimate disposition of the vacated positions in the upcoming fiscal year. There could be a negative fiscal impact to this year's budget for the payout of the departing employees' sick and vacation leave that may exceed salary savings in the current year. However, the savings in future years outweigh the one time expenditure. In addition, this occurs on an ongoing basis throughout the year when an employee separates from employment as these payouts are not budgeted. The insurance payouts have been budgeted for this year and should not pose a negative impact. ALTERNATIVES: Not implement a Voluntary Separation Program and identify other alternatives to address the budget deficit or modify the recommendation. 313 of 432 I:A &Y11 W11 Y 102@:ifE A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ADOPTING A VOLUNTARY SEPARATION PROGRAM FOR NON -PROBATIONARY, FULL-TIME CITY EMPLOYEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, staff is recommending the implementation of a Voluntary Separation Program for all non -probationary, full-time City employees; and WHEREAS, the program is premised on the assumption that the positions vacated would either not be filled or filled at a lower rate of pay providing a savings for the following fiscal year. 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 does hereby approve and adopt the Voluntary Separation Program for non -probationary full-time City employees, a copy of the program is attached hereto as Exhibit "A", and made a part hereof. Section 3. This Resolution will become effective immediately upon passage. 314 of 432 PASSED AND ADOPTED this day of February, 2011. ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jose Rodriguez Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay Commissioner — Steven Holzman 315 of 432 CITY OF BOYNTON BEACH VOLUNTARY SEPARATION PROGRAM AGREEMENT, WAIVER AND RELEASE This Voluntary Separation Agreement, Waiver and Release (hereinafter "Agreement") is entered into this day of , 2011, by and between the City of Boynton Beach, (hereinafter "Employer") and (hereinafter "Employee"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Employee, by his or her signature below, elects to participate in the City of Boynton Beach's Voluntary Separation Program, which is being offered April 1, 2011, through May 31, 2011, and shall result in the Employee's voluntary resignation from employment with Employer, and the Employer, through the signature of its representative below, hereby accepts the resignation of the Employee. This Voluntary Separation Program (hereinafter "Program"), is being offered to all non - probationary, full-time employees employed as of April 1, 2011, at any and all City facilities. The Program details, attached hereto as Exhibit 8, have been disseminated to all employees by their department heads and posted on the City's shared drive. 2. Pursuant to the terms of the Program, Employee shall receive a lump sum payment based on the Employee's current base rate of pay, excluding longevity, from the last day of employment through July 31, 2011, less appropriate payroll deductions. The total amount, excluding accruals, shall be paid in a lump sum check on the pay period following the expiration of the revocation period in Paragraph 7 (c) of the Agreement. On the following pay period, Employee shall also receive payment for all unused vacation, sick, and any other accruals as of the last day of employment in accordance with the City of Boynton Beach Policies and applicable collective bargaining agreements. 3. Pursuant to the terms of the Program, Employer shall continue to provide medical/dental/vision insurance coverage at no cost to the Employee through July 31, 2011, for the Employee. After July 31, 2011, Employee shall have the option to continue coverage by enrolling in the Consolidated Omnibus Budget and Reconciliation Act program (COBRA), or if applicable, as a retiree of the Employer, at the full premium rate then in effect for the group medical/dental/vision insurance plan year. COBRA participant rates will include a 2% administrative fee. Employees who have dependent coverage and remain on the City's plan will be required to send monthly checks for payment of dependent coverage to Patricia Sholos, Human Resources Benefits Administrator, City Hall, 100 E. Boynton Beach Blvd, Boynton Beach, FL 33425. If any such payments are not received by first business day of each month, dependent coverage shall be discontinued as of the last day of the previous month. Page 1 of 28 316 of 432 Employee Initials 4. In lieu of continuation of City -provided medical/dental/vision insurance coverage through July 31, 2011, the Employee may elect to receive a lump sum cash equivalent of the City's total cost to continue said coverage currently in effect for the Employee. If the Employee elects this option, City -provided coverage shall cease on the last day of the month in which Employee resigns, and Employee will have the option of enrolling in COBRA, or if applicable, as a retiree, at the premium rate then in effect for the group medical/dental insurance plan year. 5. The parties agree and acknowledge that Employee would not be entitled to the benefits under this Program, but for this Agreement. Employee agrees, acknowledges, and understands that he or she is voluntarily separating from Employment with the City. 6. Employee understands and agrees that this is not an early retirement program. Should Employee elect to participate in this Program, he or she shall retain all retirement benefits accrued to date of separation from employment with the City. Additionally, Employee shall not be eligible for rehire for a period of one (1) year from the last date of employment. 7. Employee specifically acknowledges that he or she: a. has been given at least forty-five (45) full days within which to consider this Agreement, Waiver and Release; b. is advised that he or she has the right and may consult with an attorney prior to executing the Agreement, Waiver and Release and acknowledges the opportunity to consult an attorney; C. has seven (7) days after this Agreement is executed and delivered to the City to revoke the Agreement. Employee further understands that the Agreement will not become effective or enforceable until after the seven (7) day period has expired. To revoke the Agreement the Employee must advise the Employer in writing of the election to revoke it within the seven (7) day period; such written notice must be addressed and delivered to: Sharon Goebelt, Human Resources Director. Such written notice shall be time and date-stamped by Human Resources. Employee shall receive a copy of the stamped revocation. d, is specifically releasing, among other claims, any and all claims under the Age Discrimination in Employment Act of 1967 and all amendments thereto; e. is not waiving rights or claims that may arise after the date the Agreement is executed; f. received the Addendum (Exhibit A) and the Program details (Exhibit B) attached to this Agreement. 8. In exchange for the above consideration, Employee hereby unconditionally and irrevocably waives, releases and forever discharges Employer and all past and present officers, agents, employees, directors, supervisors and elected officials of and from, and agrees not to sue and not to assert any causes of action, claims and demands whatsoever, known or unknown, at law, in equity, or before any agency or commission of local, state and federal governments, arising, alleged to have arisen, or which might have been alleged to have arisen, or which may arise under any law including, but not limited to federal, state, or municipal employment, anti -discrimination or Page 2 of 28 317 of 432 Employee Initials retaliation laws such as the Americans With Disabilities Act, Family and Medical Leave Act, Equal Pay Act, Fair Labor Standards Act, alder Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, as amended in 1972, 1991, Florida Civil Rights Act, Florida Statute Ch. 448 Florida Whistleblowers Act, Worker's Compensation Act (retaliatory claim) and the Florida Public Employees Relations Act, that Employee on behalf of him/herself and on behalf of persons similarly situated, ever had, now has or which his or her heirs, executors, administrators, or assigns, or any of them, hereafter can, shall or may have for or by reason of any cause whatsoever, up to and including the effective date of this Agreement. 9. This Agreement constitutes the complete understanding between the parties with respect to the Employee's voluntary separation from employment. The Employee acknowledges and declares that no other contract, promise or inducement has been made with respect to same, 10. Any breach of any term, provision, or obligation of this Agreement by either party, shall entitle the other to seek enforcement of such term, provision or obligation in a court of law of competent jurisdiction, and shall entitle the prevailing party to an award of the reasonable attorney's fees and costs incurred in such proceeding. The parties agree this Agreement will be interpreted under the laws of the State of Florida and the United States and venue shall lie in Palm Beach County. As indicated by my initials below, I hereby elect ONE of the following medical/dental/vision insurance options: Pursuant to Paragraph 3 of the Agreement, I elect to retain the City's medical/dental/vision insurance plan through July 31, 2011. Pursuant to Paragraph 4 of the Agreement, I elect to receive a lump sum cash equivalent of the City's total cost of medical/dental/vision insurance coverage through July 31, 2011. In testimony whereof, the parties executed this Agreement on the date set forth above. Employee Signature Witness Signature (Employee Print Name) City of Boynton Beach Page 3 of 28 Witness Signature 318 of 432 Employee Initials EXHIBIT A VOLUNTARY SEPARATION PROGRAM ADDENDUM TO AGREEMENT, WAIVER AND RELEASE A. The decisional unit of individuals covered by the Program is all Employees at any and all facilities of the City of Boynton Beach. B. All non -probationary, full-time Employees employed as of April 1, 2011, are eligible for the Program. C. This Program is being offered April 1, 2011 to May 31, 2011. All Employees must sign the Agreement within 45 days after receipt to receive severance. Once the Agreement is signed, the Employee has 7 days to revoke the Agreement. D. The following is a listing of the ages and job titles of all Employees in the decisional unit who are and are not eligible to participate in this Program. Position Title Age Eligible IYes1No) ACCOUNTANT 36 Yes ACCOUNTANT 31 Yes ACCOUNTING TECHNICIAN 41 No ACCOUNTING TECHNICIAN 24 Yes ACCOUNTING TECHNICIAN 28 Yes ACCOUNTING TECHNICIAN 37 Yes ACCOUNTING TECHNICIAN 60 Yes ACCOUNTING TECHNICIAN, SR 64 Yes ACCOUNTS PAYABLE SPECIALIST 1 40 Yes ADMINISTRATION & FINANCE OFFIC [ 35 Yes ADMINISTRATIVE ASSISTANT ` 36 Yes ADMINISTRATIVE ASSISTANT 63 Yes ADMINISTRATIVE ASSISTANT 64 Yes ADMINISTRATIVE ASSISTANT 53 Yes ADMINISTRATIVE ASSISTANT 56 Yes ADMINISTRATIVE ASSISTANT 51 Yes ADMINISTRATIVE ASSISTANT 71 Yes ADMINISTRATIVE ASSISTANT 48 Yes ADMINISTRATIVE ASSISTANT 31 Ves ADMINISTRATIVE ASSISTANT 58 Yes ADMINISTRATIVE ASSISTANT 50 Yes Page 4 of 28 319 of 432 kmployee Initials Position Title Age Eligible (YesiNo) ADMINISTRATIVE ASSISTANT 45 Yes ADMINISTRATIVE ASSOCIATE I 64 t No ADMINISTRATIVE ASSOCIATE 30 Yes ADMI N ISTRATIVE ASSOCIATE 41 Yes ADMINISTRATIVE ASSOCIATE 48 Yes ADMINISTRATIVE ASSOCIATE 39 Yes ADMINISTRATIVE ASSOCIATE 25 Yes ADMINISTRATIVE ASSOCIATE 62 Yes ADMINISTRATIVE ASSOCIATE 31 Yes ADMINISTRATIVE ASSOCIATE 47 Yes ADMINISTRATIVE ASSOCIATE 34 Yes ADMINISTRATIVE ASSOCIATE 45 Yes ADMINISTRATIVE ASSOCIATE 33 Yes ADMINISTRATIVE ASSOCIATE 49 Yes ADMINISTRATIVE ASSOCIATE 55 Yes ADMI N ISTRATIVE ASSOCIATE 35 Yes ADMINISTRATIVE ASSOCIATE 68 Yes ADMINISTRATIVE ASSOCIATE 38 Yes ADMI N ISTRATIVE ASSOCIATE 47 Yes ADMINISTRATIVE ASSOCIATE 58 Yes ADMINISTRATIVE ASSOCIATE 61 Yes ADMINISTRATIVE ASSOCIATE 33 Yes ADMINISTRATIVE ASSOCL4TE 63 Yes ADMINISTRATIVE ASSOCIATE 60 Yes ADMINISTRATIVE ASSOCIATE 49 Yes ADMINISTRATIVE ASSOCIATE f 63 Yes ADMINISTRATIVE ASSOCIATE ! 64 Yes ADMINISTRATIVE ASSOCIATE i 49 1 Yes ADMINISTRATIVE ASSOCIATE 49 Yes ADMINISTRATIVE SECRETARY 58 Yes ADMINISTRATIVE SECRETARY 52 Yes AFFORDABLE HOUSING ADMIN 63 Yes APPLICATION TECHNICIAN 44 Yes APPLICATION TECHNICIAN 35 Yes APPLICATION TECHNICIAN 64 Yes APPLICATION TECHNICIAN 52 Yes ARBORIST 49 Yes ASSISTANT CITY MANAGER 46 Yes ASSISTANT DIR, DEVELOPMENT 50 Yes Page 5 of 28 320 of 432 Employee Initials Position Title Age I I Eligible IYes/No) ASSISTANT DIR, HUMAN RESOURCES 60 Yes ASSISTANT DIR, PUBLIC WORKS 52 Yes ASSISTANT DIR, PUBWK&rITY ENG 73 Yes ASSISTANT DIRECTOR, LIBRARY 70 Yes ASSISTANT FIRE MARSHALL 25 Yes ASSISTANT FIRE MARSHALL 65 Yes ASSISTANT FIRE MARSHALL 56 Yes ASSISTANT FIRE MARSHALL ' 42 Yes ASSISTANT GOLF COURSE SUPT 47 Yea ASSISTANT GOLF PROFESSIONAL 60 Yes ASSISTANT GOLF PROFESSIONAL 52 Yes ASSISTANT GOLF PROFESSIONAL 47 Yes ASSISTANT GOLF PROFESSIONAL 53 Yes ASSISTANT GOLF PROFESSIONAL 49 Yes ASSISTANT GOLF PROFESSIONAL 48 Yes ASSISTANT MECHANIC 80 YCS ASSISTANT MGR, WAREHOUSE 62 Yes ASSISTANT SUPV, UTILITIES 37 Yes ASSISTANT SUPV, UTILITIES 48 Yes ASSISTANT SUPV, UTILITIES 50 Yes ASSISTANT SUPV, UTILITIES 48 Yes ASSISTANT TO DIRECTOR 32 No ASSISTANT TO DIRECTOR 42 Yes ASSISTANT TO DIRECTOR 52 Yes ASSISTANT TO THE CITY MANAGER 50 Yes A55ISTANT TV SPECIALIST 46 Yes BENEFITS ADMINISTRATOR 60 Yes BUDGET MANAGER 46 Yes BUILDING FIELD INSPECTOR 54 Yes BUILDING FIELD INSPECTOR 64 Yes BUILDING FIELD INSPECTOR SR 58 Yes BUILDING FIELD INSPEC70R SR 61 Yes BUILDING MAINT MECHANIC, SR 48 Yes BUILDING MAINT MECHANIC, SR 61 Yes BUILDING MAINT MECHANIC, SR 61 Yes BUILDING MAINTENANCE MECHANIC 34 Yes BUILDING MAINTENANCE MECHANIC 71 Yes BUILDING MAINTENANCE MECHANIC 42 Yes BUILDING MAINTENANCE MECHANIC 51 Yes Page 6 of 28 321 of 432 Employee Initials Position Title Age Eligible (YeslNo) BUS DRIVER 70 No BUS DRIVER 40 Yes BUS DRIVER 62 Yes BUYER 62 Yes CADD TECHNICIANIDESIGN SUPV 37 Yes CADD TECHNICIANIDESIGN SUPV 45 Yes CEMETERY SEXTON 34 Yes CHEMIST/QUALITY A$5UR OFFICER 49 Yes CHIEF CODE R REHAB OFFICER 69 Yes CHIEF ELECTRICIAN 46 Yes CHIEF FIELD INSPECTOR 49 Yes CHIEF PLANT OPERATOR 53 Yes CHIEF PLANT OPERATOR 48 Yes CHIEF PLANT OPERATOR 52 Yes CITY CLERK 63 Yes CITY COMMISSIONER 32 No CITY COMMISSIONER 45 No CITY COMMISSIONER 66 No CITY COMMISSIONER 43 No CITY MANAGER 61 No CITY MAYOR CLAIMS ANALYST 48 51 No Yes CODE COMPLIANCE ADMIN 53 Yes CODE COMPLIANCE COORDINATOR 63 Yes CODE COMPLIANCE OFFICER 33 Yes CODE COMPLIANCE OFFICER 43 Yes CODE COMPLIANCE OFFICER 43 Yes CODE COMPLIANCE OFFICER 50 Yes CODE COMPLIANCE OFFICER, SR 45 Yes CODE COMPLIANCE OFFICER, SR 53 Yes CODE COMPLIANCE OFFICER, SR 56 Yes CODE COMPLIANCE OFFICER, SR 63 Yes COMMUNICATIONS DISPATCHER 42 No COMMUNICATIONS DISPATCHER 40 Yes COMMUNICATIONS DISPATCHER 28 { Yes COMMUNICATIONS DISPATCHER 41 Yes COMMUNICATIONS DISPATCHER 20 Yes COMMUNICATIONS DISPATCHER 24 Yes COMMUNICATIONS DISPATCHER 40 Yes Page 7 of 28 322 of 432 Employee Initials Position Title Age Eligible (YeslNo) COMMUNICATIONS DISPATCHER 33 Yes COMMUNICATIONS DISPATCHER 23 Yes COMMUNICATIONS DISPATCHER 40 Yes COMMUNICATIONS DISPATCHER 27 Yes COMMUNICATIONS DISPATCHER 29 Yes COMMUNICATIONS DISPATCHER 32 Yes COMMUNICATIONS SPECIALIST 28 Yes COMMUNICATIONS SPECIALIST 46 Yes COMMUNICATIONS SPECIALIST 39 Yes COMMUNICATIONS SPECIALIST 44 Yes COMMUNICATIONS SPECIALIST 50 Yes COMMUNICATIONS SUPERVISOR 37 Yes COMMUNICATIONS SUPERVISOR 40 Yes COMMUNICATIONS SUPERVISOR 38 Yes COMMUNICATIONS SUPERVISOR 36 Yes COMMUNICATIONS SUPERVISOR 56 Yes COMMUNITY SERVICE OFFICER 26 Yes COMMUNITY SERVICE OFFICER 57 Yes COMMUNITY SERVICE OFFICER 28 Yes COMMUNITY SERVICE OFFICER 32 Yes COMPUTER SUPPORT SPEC SR 46 Yes COMPUTER SUPPORT SPECIALIST 32 Yes COMPUTER SUPPORT SPECIALIST 55 Yes COMPUTER SUPPORT SPECIALIST 47 Yes CONSTRUCTION COORDINATOR 54 Yes CONSTRUCTION INSPECTOR 46 Yes CONTRACTADMINISTRATOR 61 Yes CREW LEADER 51 Yes CREW LEADER 43 Yes CREW LEADER 41 Yes CREW LEADER 51 Yes CREW LEADER 47 Yes CREW LEADER 58 Yes CREW LEADER, SENIOR 39 Yes CREW LEADER, SENIOR 43 Yes CREW LEADER, SENIOR 52 Yes CREW LEADER, SENIOR 49 Yes CREW SUPERVISOR 37 Yes CREW SUPERVISOR 55 Yes Page 8 of 28 323 of 432 Employee Initials Position Title Age Eligible (Yes/No) CREW SUPERVISOR 54 Yes CREW SUPERVISOR 47 Yes CREW SUPERVISOR 58 Yes CREW SUPERVISOR 48 Yes CREW SUPERVISOR 54 Yes CREW SUPERVISOR, SENIOR { 54 Yes CREW SUPERVISOR, SENIOR 45 Yes CREW WORKER 38 Yes CREW WORKER 42 Yes CREW WORKER 57 Yes CREW WORKER 52 Yes CREW WORKER, SENIOR V 39 No CREW WORKER, SENIOR 29 Yes CREW WORKER, SENIOR 35 Yes CREW WORKER, SENIOR 47 Yes CREW WORKER, SENIOR 54 Yes CREW WORKER, SENIOR 49 Yes CREW WORKER, SENIOR 52 Yes CREW WORKER, SENIOR 38 Yes CREW WORKER, SENIOR 48 Yes CREW WORKER, SENIOR 53 Yes CREW WORKER, SENIOR 48 Yes CREW WORKER, SENIOR 59 Yes CREW WORKER, SENIOR 52 Yes CRIME SCENE TECHNICIAN 34 Yes CRIME SCENE TECHNICIAN 60 Yes CRIME SCENE TECHNICIAN 46 Yes CRIMINAL INTELLIGENCE ANALYST 33 Yes CUSTOMER RELATIONS ASSISTANT 42 Yes CUSTOMER RELATIONS CLERK, SR 49 No CUSTOMER RELATIONS CLERK, SR 62 No CUSTOMER RELATIONS CLERK, SR 49 Yes CUSTOMER RELATIONS CLERK, SR 49 Yes CUSTOMER RELATIONS CLERK, SR 43 Yes CUSTOMER RELATIONS CLERK. SR 34 Yes CUSTOMER RELATIONS CLERK, SR 43 Yes CUSTOMER RELATIONS CLERK, SR 47 Yes CUSTOMER RELATIONS CLERK, SR 1 37 Yes CUSTOMER RELATIONS CLERK, SR 54 Yes Page 9 of 28 324 of 432 Employee Initials Position Title i Age Eligible (Yes1No) CUSTOMER RELATIONS CLERK, SR 34 Yes CUSTOMER RELATIONS CLERK, SR 47 Yes CUSTOMER RELATIONS CLERK, SR 60 Yes CUSTOMER RELATIONS CLERK, SR 35 Yes CUSTOMER RELATIONS CLERK, SR 48 Yes DEPUTY BUILDING QFFICIAL 55 Yes DEPUTY CITY CLERK 60 Yes DEPUTY DIR OF ENG & CUST RELAT 59 Yes DEPUTY DIR OF FINANCIAL SVCS 48 Yes DEPUTY DIR OF UTILITIES OPERAT 56 Yes DEPUTY FIRE CHIEF 60 Yes DEPUTY FIRE CHIEF 67 Yes DIRECTOR, DEVELOPMENT 65 Yes DIRECTOR, FINANCEITREASURER 72 Yes DIRECTOR, FIRE & EMS SERVICES 57 Yes DIRECTOR, HUMAN RESOURCES 64 Yes DIRECTOR, LIBRARY 46 Yes DIRECTOR, MEDIA & PUBLIC COMM 61 Yes DIRECTOR, PLANNING & ZONING 47 Yes DIRECTOR, PUBLIC WORKS & ENG 51 Yes DIRECTOR, RECREATION & PARKS 50 Yes DIRECTOR, UTILITIES 52 Yes DIVISION HEAL) LIBRARIAN 62 No DIVISION HEAD LIBRARIAN 66 No DIVISION HEAD LIBRARIAN 58 Yes DIVISION MANAGER, ENGINEERING 40 Yes DIVISION MANAGER, FIELD OPER 51 Yes DIVISION MGR, WTR QUAL & TREA 36 Yes ELECTRICIAN, MASTER 62 Yes ELECTRICIAN, MASTER 54 Yes ELECTRICIAN, SENIOR 49 Yes ELECTRICIAN, SENIOR 52 Yes EMERG MGR/COMM RELAT SPEC FIRE 44 Yes EMS BILLING SPECIALIST 47 Yes EMS COORDINATOR 48 Yes ENGINEER 39 Yes ENGINEERING TECHNICIAN 53 Ves ENGR PLANS ANALYSTANSPECTOR 52 Yes ENVIRON HEALTH & SAFETY ADMIN 55 Yes Page 10 of 28 325 of 432 Employee Initials Position Tltle Age Eligible (Yes/No) ENVIRONMENTAL INSPECTOR 54 Yes EQUIPMENT OPERATOR 31 Yes EQUIPMENT OPERATOR 32 Yes EQUIPMENT OPERATOR 44 Yes EQUIPMENT OPERATOR 37 Yes EQUIPMENT OPERATOR 56 Yes EQUIPMENT OPERATOR 39 Yes EQUIPMENT OPERATOR, SENIOR 35 Yes EQUIPMENT OPERATOR, SENIOR 36 Yes EQUIPMENT OPERATOR, SENIOR 42 Yes EQUIPMENT OPERATOR, SENIOR 31 Yes EQUIPMENT OPERATOR, SENIOR 37 Yes EQUIPMENT OPERATOR, SENIOR 44 Yes EQUIPMENT OPERATOR, SENIOR 55 Yes EQUIPMENT OPERATOR, SENIOR 37 Yes EQUIPMENT OPERATOR, SENIOR 44 Yes EQUIPMENT OPERATOR, SENIOR 40 Yes EQUIPMENT OPERATOR, SENIOR 45 Yes EQUIPMENT OPERATOR, SENIOR 45 Yes EQUIPMENT OPERATOR, SENIOR 51 Yes EQUIPMENT OPERATOR, SENIOR 55 Yes EQUIPMENT OPERATOR, SENIOR 41 Yes EQUIPMENT OPERATOR, SENIOR 39 Yes EQUIPMENTOPERATOR, SENIOR 44 Yes EQUIPMENT OPERATOR, SENIOR 58 Yes EQUIPMENT OPERATOR, SENIOR 40 Yes EQUIPMENT OPERATOR, SENIOR 48 Yes EQUIPMENT OPERATOR, SENIOR 64 Yes FEE COORDINATOR 46 Yes FIRE BATTALION CHIEF 49 Yes FIRE BATTALION CHIEF 44 Yes FIRE BATTALION CHIEF 49 Yes FIRE CAPTAIN 36 Yes FIRE CAPTAIN 37 Yes FIRE CAPTAIN 46 Yes FIRE CAPTAIN 39 Yes FIRE CAPTAIN 42 Yes FIRE CAPTAIN 44 Yes FIRE CAPTAIN 45 Yes Page 11 of 28 326 of 432 Employee Initials Position Title Age Eligible (Yes/No) FIRE INSPECTOR 35 Yes FIRE LIEUTENANT 39 Yes FIRE LIEUTENANT 35 Yes FIRE LIEUTENANT 40 Yes FIRE LIEUTENANT 37 Yes FIRE LIEUTENANT 50 Yes FIRE LIEUTENANT 37 Yes FIRE LIEUTENANT 35 Yes FIRE LIEUTENANT 37 Yes FIRE LIEUTENANT 37 Yes FIRE LIEUTENANT 47 Yes FIRE LIEUTENANT 41 Yes FIRE LIEUTENANT 40 Yes FIRE LIEUTENANT I 43 Yes FIRE LIEUTENANT 43 Yes FIRE LIEUTENANT 44 Yes FIRE LIEUTENANT 46 Yes FIRE LIEUTENANT 45 Yes FIRE LIEUTENANT 57 Yes FIRE LIEUTENANT 52 Yes FIRE LIEUTENANT 49 Yes FIRE LIEUTENANT 47 Yes FIRE LIEUTENANT 46 Yes FIRE LIEUTENANT 50 Yes FIRE PROTECTION ENGINEER 30 Yes FIRE PROTECTION ENGINEER 65 Yes FIRE TRAINING & SAFETY COORDIN 48 Yes FIREFIGHTER 34 Yes FIREFIGHTER 25 Yes FIREFIGHTER 27 Yes FIREFIGHTER 25 Yes FIREFIGHTER 20 Yes FIREFIGHTER 26 Yes FIREFIGHTER 32 Yes FIREFIGHTER 27 Yes FIREFIGHTER 38 Yes FIREFIGHTER 31 Yes FIREFIGHTER 30 Yes FIREFIGHTER I 28 Yes Page 12 of 28 327 of 432 Employee Initials Position Title Age Eligible (Yes/No) FIREFIGHTER 1 26 Yes FIREFIGHTER 1 30 Yes FIREFIGHTER 1 30 Yes FIREFIGHTER 1 28 Yes FIREFIGHTER I 41 Yes FIREFIGHTER 1 30 Yes FIREFIGHTER 11 44 Yes FIREFIGHTER 11 30 Yes FIREFIGHTER II 27 Yes FIREFIGHTER II 31 Yes FIREFIGHTER II 36 Yes FIREFIGHTER 11 31 Yes FIREFIGHTER 11 33 Yes FIREFIGHTER 1l 27 Yes FIREFIGHTER I1 31 Yes FIREFIGHTER It 34 Yes FIREFIGHTER Il 27 Yes FIREFIGHTER 11 26 Yes FIREFIGHTER Il 30 Yes FIREFIGHTER 11 26 Yes FIREFIGHTER II 26 Yes FIREFIGHTER II 28 Yes FIREFIGHTER 11 27 Yes FIREFIGHTER 11 24 Yes FIREFIGHTER 11 28 Yes FIREFIGHTER 11 29 Yes FIREFIGHTER 11 31 Yes FIREFIGHTER II 34 Yes FIREFIGHTER 11 28 Yes FIREFIGHTER 11 31 Yes FIREFIGHTER 11 35 Yes FIREFIGHTER 11 36 Yes FIREFIGHTER 11 40 Yes FIREFIGHTER II 39 Yes FIREFIGHTER 11 38 Yes FIREFIGHTER II 33 Yes FIREFIGHTER 11 36 Yes FIREFIGHTER II 40 Yes FIREFIGHTER 11 34 Yes Page 13 of 28 328 of 432 Employee Initials Position Title Age Eligible (Yes/No) FIREFIGHTER II 40 Yes FIREFIGHTER II 40 Yes FIREFIGHTER II 38 Yes FIREFIGHTER II 44 Yes FIREFIGHTER II 60 Yes FIREFIGHTER II 42 Yes FIREFIGHTER III 32 Yes FIREFIGHTER III 28 Yes FIREFIGHTER III 39 Yes FIREFIGHTER III 39 Yes FIREFIGHTER III 31 Yes FIREFIGHTER III 30 Yes FIREFIGHTER III 31 Yes FIREFIGHTER III 34 Yes FIREFIGHTER III 37 Yes FIREFIGHTER III 34 Yes FIREFIGHTER 111 34 Yes FIREFIGHTER III 37 Yes FIREFIGHTER III 27 Yes FIREFIGHTER ill 32 Yes FIREFIGHTER 111 39 Yes FIREFIGHTER 111 36 Yes FIREFIGHTER III 36 Yes FIREFIGHTER III 39 Yes FIREFIGHTER III 43 Yes FIREFIGHTER III 38 Yes FIREFIGHTER III 1 45 I Yes FIREFIGHTER Ill 30 Yes FIREFIGHTER III 32 Yes FIREFIGHTER 111 40 Yes FIREFIGHTER 111 35 Yes FIREFIGHTER 111 42 Yes FIREFIGHTER III 35 Yes FIREFIGHTER 111 37 Yes FIREFIGHTER III 42 Yes FIREFIGHTER ill 45 Yes FIREFIGHTER III 39 Yes FIREFIGHTER III 48 Yes FIREFIGHTER III 4$ Yes Page 14 of 28 329 of 432 Employee Initials Position Title Age Eligible (Yes/No) FIREFIGHTER III 38 Yes FIREFIGHTER III 48 Yes FLEET ADMINISTRATOR 49 Yes FLEET MECHANIC 50 Yes FLEET MECHANIC 39 Yes FLEET MECHANIC 35 Yes FLEET MECHANIC 50 Yes FLEET MECHANIC 49 Yes FLEET MECHANIC 53 Yes FLEET MECHANIC, SENIOR 54 Yes FLEET MECHANIC, SENIOR 54 Yes FORESTER/ENVIRONMENTALIST 56 Yes GIS ANALYST 27 Yes GIS ANALYST 34 Yes GOLF CART ATTENDANT 40 No GOLF CART ATTENDANT so No GOLF CART ATTENDANT 63 No GOLF COURSE PLAYER ASSISTANT 68 No GOLF COURSE PLAYER ASSISTANT 73 No GOLF COURSE PLAYER ASSISTANT 60 No GOLF COURSE PLAYER ASSISTANT 68 No GOLF COURSE PLAYER ASSISTANT 70 No GOLF COURSE PLAYER ASSISTANT 66 No GOLF COURSE PLAYER ASSISTANT 72 No GOLF COURSE PLAYER ASSISTANT 80 No GOLF COURSE PLAYER ASSISTANT 81 No GOLF COURSE PLAYER ASSISTANT 82 No GOLF COURSE PLAYER ASST, SR 75 No GOLF COURSE RANGE ATTENDANT 76 No GOLF COURSE RANGE ATTENDANT 43 No GOLF COURSE RANGE ATTENDANT 72 No GOLF EQUIPMENT MECHANIC 59 Yes GRANTS COORDINATOR 49 Yes GREENSKEEPER 66 No GREENSKEEPER 67 No GREENSKEEPER 22 Yes GREENSKEEPER 23 Yes GREENSKEEPER 26 Yes GREENSKEEPER 54 Yes Page 15 of 28 330 of 432 Employee Initials Position Title Age Eligible (Yes/No) GREENSKEEPER 66 Yes GREENSKEEPER 59 Yes GREENSKEEPER 41 Yes GREENSKEEPERISPRAY TECHNICIAN 28 Yes HEAVY EQUIPMENT OPERATOR 45 Yes HEAVY EQUIPMENT OPERATOR 47 Yes HEAVY EQUIPMENT OPERATOR 37 Yes HEAVY EQUIPMENT OPERATOR 35 Yes HEAVY EQUIPMENT OPERATOR 44 Yes HEAVY EQUIPMENT OPERATOR 56 Yes HEAVY EQUIPMENT OPERATOR 54 Yes HEAVY EQUIPMENT OPERATOR 34 Yes HEAVY EQUIPMENT OPERATOR 34 Yes HEAVY EQUIPMENT OPERATOR 34 Yes HEAVY EQUIPMENT OPERATOR 47 Yes HEAVY EQUIPMENT OPERATOR 56 Yes HEAVY EQUIPMENT OPERATOR 49 Yes HEAVY EQUIPMENT OPERATOR 42 Yes HEAVY EQUIPMENT OPERATOR 45 Yes HEAVY EQUIPMENT OPERATOR 49 Yes HEAVY EQUIPMENT OPERATOR 55 Yes HEAVY EQUIPMENT OPERATOR 54 Yes HUMAN RESOURCES ANALYST 54 Yes HVAC MECHANIC 49 Yes INFORMATION -COMM COORD 44 Yes INSTRUMENTATION & CONTROL TECH 50 Yes INSTRUMENTATION & CONTROL TECH 51 Yes INSURANCE CLAIMS SPECIALIST 46 Yes INTERN I.T.S/G.I.S 21 No KENNEL MAINTENANCE WORKER 53 No LABORATORY FIELD TECHNICIAN 45 Yes LABORATORY TECHNICIAN 44 Yes LABORATORY TECHNICIAN SR 41 Yes LABORATORY TECHNICIAN SR 55 Yes LEGAL ASSISTANT/PARALEGAL 47 Yes LIBRARIAN 77 No LIBRARIAN 71 No LIBRARIAN 39 Yes LIBRARIAN 56 Yes Page 16 of 28 331 of 432 Employee initials Position Title Age Eligible (Yes/No) LIBRARYAIDE 50 No LIBRARYAIDE 32 No LIBRARYAIDE 23 No LIBRARYAIDE E 77 No LIBRARY AIDE 79 No LIBRARYAIDE E 80 [� No LIBRARY AIDE 48 Yes LIBRARY AIDE 67 Yes LIBRARY ARCHIVIST ` 38 Yes LIBRARY ASSOCIATE 52 Yes LIBRARY ASSOCIATE 63 Yes LIBRARY ASSOCIATE 32 Yes LIBRARY ASSOCIATE 51 Yes LIBRARY PAGE 29 No LIBRARY PAGE 62 No LIBRARY PAGE 81 No LIBRARY PAGE 46 No LIBRARY PAGE 79 No LIBRARY TECHNOLOGY SPECIALIST 36 Yes LIBRARY TECHNOLOGY SPECIALIST 45 Yes MAINTENANCE MANAGER 48 Yes MANAGER SR., RECREATIN PROGRAM 51 Yes MANAGER SR., RECREATIN PROGRAM 49 Yes MANAGER, ADMINISTATION & FINAN 49 Yes MANAGER, COMMUNITY REDEVELOP 56 Yes MANAGER, CUSTOMER RELATIONS 58 Yes MANAGER, FORESTRY & GROUNDS 57 Yes MANAGER, GOLF MAINTENANCE 52 Yes MANAGER, GOLF OPERATIONS 59 Yes MANAGER, ITS 46 Yes MANAGER, ITS 47 Yes MANAGER, PARKS 46 Yes MANAGER, RISK 61 Yes MANAGER, SOLID WASTE 60 Yes MANAGER, WAREHOUSE 33 Yes MANAGER, ZONING & BUSINESS TAX 40 Yes MULTI DISC BUILDING FIELD INSP 48 Yes MULTI DISC PLAN REVIEW ANALYST 54 Yes NETWORK ADMINISTRATOR 34 Yes Page 17 of 28 332 of 432 Employee Initials Position Title Age Eligible IYes/No) NETWORK ADMINISTRATOR 56 Yes NETWORK ADMINISTRATOR 34 Yes NETWORK ADMINISTRATOR 51 Yes NETWORK ADMINISTRATOR 44 Yes OCEAN LIFEGUARD 36 Yes OCEAN LIFEGUARD i 27 i Yes OCEAN LIFEGUARD 46 Yes OCEAN LIFEGUARD 56 Yes OCEAN LIFEGUARD 46 Yes OCEAN LIFEGUARD (ON-CALL) 20 No OCEAN LIFEGUARD (ON-CALL) 23 No OCEAN LIFEGUARD (ON-CALL) 35 No OCEAN LIFEGUARD (ON-CALL) 29 No OCEAN LIFEGUARD (ON-CALL) 35 No OCEAN LIFEGUARD (ON-CALL) 50 No OCEAN LIFEGUARD (ON-CALL) 39 No OCEAN LIFEGUARD LIEUTENANT 51 Yes OCEAN LIFEGUARD LIEUTENANT 46 Yes OCEAN RESCUE CHIEF 35 Yes OFFICE ASSISTANT 70 No OFFICE ASSISTANT 57 No OFFICE ASSISTANT 42 Yes PARKING ATTENDANT 56 No PARKING ATTENDANT 67 No PARKING ATTENDANT 57 No PARKING ATTENDANT 69 No PARKING ATTENDANT 62 No PARKING ATTENDANT 52 No PARKING ATTENDANT 75 No PARKING ATTENDANT 73 No PARKING ATTENDANT 77 No PARKING ATTENDANT 80 NO PARKS MAINTENANCE SPECIALIST 49 Yes PARKS MAINTENANCE SPECIALIST 49 Yes PARKS MAINTENANCE WORKER 51 No PARKS MAINTENANCE WORKER 38 No PARKS MAINTENANCE WORKER 53 Yes PARKS MAINTENANCE WORKER 36 Yes PARKS MAINTENANCE WORKER 49 Yes Page 18 of 28 333 of 432 Employee Initials Position Title Age Eligible IYes/No) PARKS MAINTENANCE WORKER 23 Yes PARKS MAINTENANCE WORKER 58 Yes PARKS MAINTENANCE WORKER 43 Yes PARKS MAINTENANCE WORKER 40 Yes PARKS MAINTENANCE WORKER 48 Yes PARKS MAINTENANCE WORKER 46 Yes PARKS MAINTENANCE WORKER, SR 41 Yes PARKS MAINTENANCE WORKER, SR 49 Yes PARKS MAINTENANCE WORKER, SR 44 Yes PARKS SUPERINTENDENT 55 Yes PARKS/RECREATION CREW LEADER 53 Yes PAYROLL ADMINISTRATOR 57 Yes PAYROLL TECHNICIAN 48 Yes PLAN REVIEW ANALYST 77 Yes PLAN REVIEWANALYST, SR. 64 Yes PLAN REVIEW ANALYST, SR. 53 Yes PLAN REVIEW ANALYST, SR- 57 Yes PLANNER II 53 Yes PLANNER II 40 Yes POLICE BUDGETSERVICES ADMINIS 53 Yes POLICE CHIEF 59 Yes POLICE DETECTIVE E 46 Yes POLICE FORF SPEC/EVID CUST 61 Yes POLICE LIEUTENANT 39 Yes POLICE LIEUTENANT 38 Yes POLICE LIEUTENANT 43 Yes POLICE LIEUTENANT 46 Yes POLICE LIEUTENANT 46 Yes POLICE LIEUTENANT 42 Yes POLICE LIEUTENANT 58 Yes POLICE LIEUTENANT 53 Yes POLICE MAJOR 49 Yes POLICE MAJOR 52 Yes POLICE OFFICER 24 No POLICE OFFICER 43 No POLICE OFFICER 34 Yes POLICE OFFICER 28 Yes POLICE OFFICER 22 Yes POLICE OFFICER 25 Yes Page 19 of 28 334 of 432 Employee Initials Position Title Age Eligible IYesINo) POLICE OFFICER 28 Yes POLICE OFFICER 27 Yes POLICE OFFICER 21 No POLICE OFFICER 26 Yes POLICE OFFICER 25 Yes POLICE OFFICER 26 Yes POLICE OFFICER 33 Yes POLICE OFFICER 26 Yes POLICE OFFICER 27 Yes POLICE OFFICER 43 Yes POLICE OFFICER 26 Yes POLICE OFFICER 45 Yes POLICE OFFICER 34 Yes POLICE OFFICER 44 Yes POLICE OFFICER 32 Yes POLICE OFFICER 22 Yes POLICE OFFICER 23 No POLICE OFFICER 52 Yes POLICE OFFICER 32 Yes POLICE OFFICER 28 Yes POLICE OFFICER 29 Yes POLICE OFFICER 36 Yes POLICE OFFICER 26 Yes POLICE OFFICER 30 Yes POLICE OFFICER 27 Yes POLICE OFFICER 26 Yes POLICE OFFICER 26 Yes POLICE OFFICER 31 Yes POLICE OFFICER 43 Yes POLICE OFFICER 28 Yes POLICE OFFICER 32 Yes POLICE OFFICER 28 Yes POLICE OFFICER $2 Yes POLICE OFFICER 38 Yes POLICE OFFICER 30 Yes POLICE OFFICER 32 Yes POLICE OFFICER 30 Yes POLICE OFFICER 30 Yes POLICE OFFICER 31 Yes Page 20 of 28 335 of 432 Employee Initials Position Title Age Eligible IYes/No) POLICE OFFICER 44 Yes POLICE OFFICER 40 Yes POLICE OFFICER 30 Yes POLICE OFFICER 32 Yes POLICE OFFICER 46 Yes POLICE OFFICER 25 Yes POLICE OFFICER 40 Yes POLICE OFFICER 39 Yes POLICE OFFICER 26 Yes POLICE OFFICER 36 Yes POLICE OFFICER 31 Yes POLICE OFFICER 36 Yes POLICE OFFICER 33 Yes POLICE OFFICER 29 Yes POLICE OFFICER 30 Yes POLICE OFFICER 32 Yes POLICE OFFICER 26 Yes POLICEOFFICER 31 Yes POLICE OFFICER 1 50 ! Yes POLICE OFFICER 33 Yes POLICE OFFICER 26 Yes POLICE OFFICER 35 Yes POLICE OFFICER 29 Yes POLICE OFFICER 41 Yes POLICE OFFICER 36 Yes POLICE OFFICER 38 Yes POLICE OFFICER 32 Yes POLICE OFFICER 47 Yes POLICE OFFICER 27 Yes POLICE OFFICER 27 Yes POLICE OFFICER 38 Yes POLICE OFFICER 33 Yes POLICE OFFICER 26 Yes POLICE OFFICER 39 Yes POLICE OFFICER 30 Yes POLICE OFFICER 39 Yes POLICE OFFICER 37 Yes POLICE OFFICER 30 Yes POLICE OFFICER 39 Yes Page 21 of 28 336 of 432 Employee Initials Position Title Age Eligible (Yes/NO) POLICE OFFICER 36 Yes POLICE OFFICER 33 Yes POLICE OFFICER 40 Yes POLICE OFFICER 35 Yes POLICE OFFICER 46 Yes POLICE OFFICER 33 Yes POLICE OFFICER 37 Yes POLICE OFFICER 43 Yes POLICE OFFICER 40 Yes POLICE OFFICER 32 Yes POLICEOFFICER 33 Yes POLICE OFFICER 31 Yes POLICE OFFICER 41 Yes POLICE OFFICER 45 Yes POLICE OFFICER 37 Yes POLICE OFFICER 40 Yes POLICE OFFICER 35 Yes POLICE OFFICER 42 Yes POLICE OFFICER 41 Yes POLICE OFFICER 41 Yes POLICE OFFICER 34 Yes POLICE OFFICER 32 Yes POLICE OFFICER 38 Yes POLICE OFFICER 37 Yes POLICE OFFICER 37 Yes POLICE OFFICER 41 Yes POLICE OFFICER 54 Yes POLICE OFFICER k 39 Yes POLICE OFFICER 5o Yes POLICE OFFICER 38 Yes POLICE OFFICER 39 Yes POLICE OFFICER 38 Yes POLICE OFFICER 49 Yes POLICE OFFICER 38 Yes POLICE OFFICER 43 Yes POLICE OFFICER 60 1 Yes POLICE OFFICER 43 Yes POLICE OFFICER 49 Yes POLICE OFFICER 48 Yes Page 22 of 28 337 of 432 Employee Initials Position Title Age Eligible (Yes/No) POLICE OFFICER 50 Yes POLICE OFFICER 44 Yes POLICE OFFICER 55 Yes POLICE OFFICER RECRUIT 20 Yes POLICE RECORDS CLERK SUPV 46 Yes POLICE RECORDS TECHNICIAN 27 NO POLICE RECORDS TECHNICIAN 65 Yes POLICE RECORDS TECHNICIAN 57 Yes POLICE RECORDS TECHNICIAN 59 Yes POLICE RECORDS TECHNICIAN 30 Yes POLICE RECORDS TECHNICIAN 62 Yes POLICE RECORDS TECHNICIAN 50 Yes POLICE RECORDS TECHNICIAN 54 Yes POLICE SERGEANT 34 Yes POLICE SERGEANT 28 Yes POLICE SERGEANT 39 Yes POLICE SERGEANT 36 Yes POLICE SERGEANT 41 Yes POLICE SERGEANT 1 40 I Yes POLICE SERGEANT 40 Yes POLICE SERGEANT 39 Yes POLICE SERGEANT 42 Yes POLICE SERGEANT 42 Yes POLICE SERGEANT 39 Yes POLICE SERGEANT 34 Yes POLICE SERGEANT 36 Yes POLICE SERGEANT 39 Yes POLICE SERGEANT 49 Yes POLICE SERGEANT 39 Yes POLICE SERGEANT 44 Yes POLICE SERGEANT 43 Yes POLICE SERGEANT 44 Yes POLICE SERGEANT 41 Yes POLICE SERGEANT 52 Yes POLICE SERGEANT 46 Yes POLICE SERGEANT 50 Yes POLICE SERGEANT 47 Yes POLICE SERGEANT 67 Yes POOL LIFEGUARD 20 No Page 23 of 28 338 of 432 Employee Initials Position Title Age Eligible (Yes/No) POOL LIFEGUARD 19 No POOL LIFEGUARD 18 No POOL LIFEGUARD 19 No POOL LIFEGUARD SR 22 No POOLSUPERVISOR 36 Yes PRINCIPAL PLANNER 53 Yes PROGRAMMERIANALYST 61 Yes PROJECT MANAGER 55 Yes PROJECT MANAGER, SR. 39 Yes PROJECT MANAGER, SR. 56 Yes PUBLIC ARTS ADMINISTRATOR 56 Yes PUBLIC INFORMATION OFFICER 32 Yes PURCHASING AGENT 60 Yes RECORDING SECRETARY 64 Yes RECORDING SECRETARY 51 Yes RECORDS SPECIALIST 27 Yes RECREATION LEADER 23 No RECREATION LEADER 37 No RECREATION LEADER 35 No RECREATION LEADER 28 No RECREATION LEADER 30 No RECREATION LEADER 70 No RECREATION LEADER 34 No RECREATION LEADER 61 No RECREATION LEADER 68 No RECREATION LEADER 64 No RECREATION SPECIALIST 23 No RECREATION SPECIALIST 83 No RECREATION SPECIALIST 52 No RECREATION SPECIALIST 39 Yes RECREATION SPECIALIST 42 Yes RECREATION SPECIALIST 40 Y08 RECREATION SPECIALIST 59 Yes RECREATION SUPERVISOR 41 Yes RECREATION SUPERVISOR 50 Yes RECREATION SUPERVISOR 58 Yes RECREATION SUPERVISOR 43 Yes RECREATION SUPERVISOR 41 Yes RECREATION SUPERVISOR 57 Yes Page 24 of 28 339 of 432 Employee Initials Position Title Age Eligible (Yos/No) RECRUITMENTIEMPLOYMENTCOORD 59 Yes REVENUE MANAGER 41 Yes SENIOR PLANNER 58 Yes SENIOR STOREKEEPER 25 Yes SERVICE WRITER 32 Yes SERVICE WRITER 58 Yes SIGN & MARKING TECHNICIAN 47 Yes SOLID WASTE SUPERVISOR 45 Yes SR GIS ANALYST 60 Yes STOREKEEPER 57 Yes SUPV, ANIMAL CONTROL 46 Yes SUPV, FACILITIES MANAGEMENT 47 Yes SUPV, INSPECTIONS & LOCATIONS 57 Yes SUPV, METER READING & SVCS 36 Yes SUPV, UTIL CONSTISTORMWATER 48 Yes SUPV, WASTEWATER COLIPUMP STAS 37 Yes SUPV, WATER DISTRIBUTION 53 Yes SUPV, WATER QUALITY/CONSERVATi 52 Yes TV TRUCK SPECIALIST 43 Yes UTILITIES ENGINEER 44 Yes UTILITIES FIELD INSPECTOR 52 Yes UTILITIES FIELD INSPECTOR 57 Yes UTILITIES LOCATION SPEC SR 42 Yes UTILITIES LOCATION SPECIALIST 23 Yes UTILITIES LOCATION SPECIALIST 50 Yes UTILITIES LOCATION SPECIALIST 27 Yes UTILITIES LOCATION SPECIALIST 35 Yes UTILITIES LOCATION SPECIALIST 40 Yes UTILITIES SYSTEM ADMINISTRATOR 42 Yes UTILITY MAINT MECHANIC, SENIOR 43 Yes UTILITY MAINT MECHANIC, SENIOR 53 Yes UTILITY MAINT MECHANIC, SENIOR 57 Yes UTILITY MAINT MECHANIC. SENIOR 43 Yes UTILITY MAINT MECHANIC, SENIOR 53 Yes UTILITY MAINT MECHANIC, SENIOR 52 yes UTILITY MAINTENANCE MECHANIC 32 Yes UTILITY MAINTENANCE MECHANIC 52 Yes U7ILITV MAINTENANCE MECHANIC 54 Yes UTILITY MAINTENANCE MECHANIC 43 Yes Page 25 of 28 340 of 432 Employee Initials Position Title Age Eligible {Yes/No) UTILITY MAINTENANCE MECHANIC 54 Yes UTILITY MAINTENANCE MECHANIC 42 Yes UTILITY MAINTENANCE MECHANIC 44 Yes UTILITY MAINTENANCE MECHANIC 61 Yes VICTIM ADVOCATE 77 Yes WATER PLANT LEAD OPERATOR 50 Yes WATER PLANT LEAD OPERATOR 62 Yes WATER PROCESS TECHNICIAN 27 Yes WATER PROCESS TECHNICIAN 35 Yes WATER PROCESS TECHNICIAN 59 Yes WATER PROCESS TECHNICIAN 48 Yes WATER PROCESS TECHNICIAN 53 Yes WATER TREATM PLANT OPER III 53 Yes WATER TREATM PLANT OPER III 42 Yes WATER TREATM PLANT OPER III 51 Yes WATER TREATM PLANT OPER 111 56 Yes WATER TREATMENT PLANT OPER 1 27 Yes WATER TREATMENT PLANT OPER 1 57 Yes WATER TREATMENT PLANT OPER 1 54 Yes WATER TREATMENT PLANT OPER 1 48 Yes WATER TREATMENT PLANT OPER 1 38 Yes WATER TREATMENT PLANT OPER 1 53 Yes WATER TREATMENT PLANT OPER 1 33 Yes WATER TREATMENT PLANT OPER II 40 Yes WEB DESIGN GOORDINA70R 49 Yes YOUTH PROGRAM ASSISTANT 44 Yes YOUTH PROGRAM ASSISTANT 36 Yes YVPP COORDINATOR (GRANT) 45 NO YVPP PT TEEN PROJ SPECIALIST 40 NO Page 26 of 28 341 of 432 Employee Initials EXHIBIT B VOLUNTARY SEPARATION PROGRAM POLICY Effective Date: 411111 I. POLICY The City is committed to continued efforts to identify cost-saving options and to implement programs that will successfully reduce recurring costs throughout the organization while minimizing the impact on employees. As a result, the City is offering this program to provide employees with an opportunity to voluntarily resign from employment. Il, ELIGIBILITY AND ENROLLMENT PERIOD All non -probationary, full-time City employees employed as of April 1, 2011, at any and all City facilities are eligible to participate in this program. This program shall be offered to employees from the period of April 1, 2011, to May 31, 2011. III. BENEFITS 1. A lump sum payment based on the employee's current base rate, excluding longevity, from the last day of employment through July 31, 2011, the pay period following the expiration of the revocation period. 2. Payment for all unused accrued vacation, sick and any other accruals as of the last date of employment in accordance with City Policy and applicable collective bargaining agreements will be paid the following pay period. 3. Employees who wish to participate in this Program will have the option of retaining the City paid, employee medical/dental/vision insurance plan or receiving a cash equivalent of the City's total cost of medical/dentallvision insurance coverage through July 31, 2011, subject to required withholding. If the cash payment is taken, the employee's insurance will end on the last day of the month in which the employee resigns. 4. Upon the effective date of termination from the City's medical/dental/vision insurance, program participants shall be eligible for COBRA coverage in accordance with federal, state and local laws and regulations in effect at that time. Employees who retire under this program will retain the same rights as currently allowed to retirees to purchase the City's insurance. IV. PROCEDURE 1. Employees who request to participate in this Program shall be required to sign a written Agreement, Waiver and Release, which is available on the City's shared drive or by contacting the Human Resources Director, Sharyn Goebelt at (561) 742-6277. 2. Those employees must sign and return the Agreement to the Human Resources Director no later than 6:00 p.m, on Tuesday, May 31, 2011, 3. All days referenced in this procedure are calendar days. Page 27 of 28 Employee Initials 342 of 432 4. Employees shall be given the opportunity to consider this program until May 31, 2011, and will have seven (7) calendar days after the Agreement is executed and delivered to Human Resources to revoke their decision. The Agreement shall not become effective until after the seven (7) day revocation period has expired. Any revocations shall be delivered directly to Human Resources and be time and date-stamped by a Human Resources staff member. Employees shall receive a copy of the stamped revocation notification. 5. The payment and benefit amount the employee receives under this program will vary based on the employee's separation date and his/her decision regarding medical/dental/vision insurance as described above in Section III, Paragraph 3. fi. Employees who elect to participate in this program will not be eligible for rehire for any position for a period of one (1) year from their last day of employment with the City (i.e. the employee's voluntary resignatio nlseparatio n date). 7. The employee's last workday will be coordinated through the department head but will be no earlier than the end of the revocation period referenced above in Paragraph four (4). The City Manager reserves the right to delay the departure of essential personnel until such time as their replacement and/or a reorganization plan is determined. No employee departure will be delayed beyond July 31, 2011. Any employee retained beyond their voluntary separation date will receive the full benefit of the voluntary separation plan payout from the effective date of their separation agreement through July 31, 2011. 8. This is NOT an Early Retirement Program. Employees who elect to participate in this Voluntary Separation Program will retain all retirement benefits accrued only through the date of separation. 9. Employees enrolled in the DROP: If an employee's separation date falls within April 1, 2011 and May 31, 2011, under no circumstance will the employee be compensated beyond their DROP separation date. 10. The City Manager is excluded from this Program even though he is a non - probationary, full-time employee. Page 28 of 28 343 of 432 empioyee inmais 10. C CITY MANAGER'S REPORT February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE F-1NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Review and prioritize potential projects to be funded by unobligated EECBG funds and authorize city staff to submit an amendment to the original grant application for approval by the U.S. Department of Energy for the Commission approved project(s). EXPLANATION OF REQUEST: On April 21, 2009, the Boynton Beach City Commission voted to endorse the submittal of application for funding under the American Recovery and Reinvestment Act (ARRA) through the energy Efficiency and Conservation Block Grant (EECBG) administered by the Department of Energy (DOE). The City of Boynton Beach was allocated this formula -based grant in the amount of $658,900. The purpose of the allocated funding was to assist eligible entities in creating and implementing strategies to: Reduce fossil fuel emissions in a manner that is environmentally sustainable and to the maximum extent practicable, maximizes benefits for local and regional communities; Reduce the total energy use of the eligible entities; and Improve energy efficiency in the building sector, the transportation sector, and other appropriate sectors. The DOE also developed core principles that were to be given priority in the project/program planning process: ❑ Prioritize energy efficiency and conservation first as the cheapest, cleanest and fastest ways to meet energy demands. ❑ Maximize benefits over the longest possible terms and look for ways to link energy efficiency efforts to long-term priorities. ❑ Invest funds in programs and projects that create and/or retain jobs and stimulate the economy while meeting long term energy goals. ❑ Target programs and projects that will provide substantial, sustainable and measurable energy savings, job creation and economic stimulus effects. 344 of 432 ❑ Give priority to programs and projects that leverage federal funds with other public and private resources, including coordinated efforts involving other Federal programs targeting community development. ❑ Develop programs and strategies that will continue beyond the funding period. ❑ Enact policies that transform markets, increase investments, and support program goals. Prior to submitting a project(s) for approval, the DOE required an Energy Efficiency and Conservation Strategy (EECS) be submitted and allowed up to $250,000 of allocated funding to retain technical consultant services to assist in the development of such a strategy, to include the 1.) Formulation of energy efficiency, energy conservation, and energy usage goals; 2.) Reduce fossil fuel emissions or reduce energy consumption through investments or by encouraging behavioral changes; and 3.) Create benchmarks, goals and program outcomes to satisfy reporting criteria established by the DOE. The City Commission approved a Request for Proposal (RFP) to hire a consultant to create the EECS and also included in the scope of work, a city-wide inventory of greenhouse gas emissions and a Climate Action Plan to establish benchmarks, goals and program outcomes, and implementation strategies to achieve them. This was submitted to the DOE as Activity 1 for the grant, and was approved by the DOE in September 2009. After substantial research by staff and the consultant, and based on the recommendations of the Green Task Force, Activity 2 & 3 were formulated, approved by Commission and submitted to the DOE. Activity 3, the energy efficiency retrofit of the Hester Center was approved for funding by the DOE. Unfortunately, Activity 2, the Municipal Revolving Loan Fund, was disallowed as an activity for funding by the DOE. In conversations with our DOE Program Manager, we were advised to begin work on approved projects and submit an Amendment to the grant application for an additional project(s) when we identified how much would be left in unobligated funds. The Hester Center Retrofit project then became Activity 2 under the EECBG. To date, the current status of EECBG projects is as follows: ❑ Activity 1 — Technical Consulting Services: CDM created and submitted the Energy Efficiency Conservation Strategy for the City of Boynton Beach to the DOE. Their scope of work also included research and strategies for projects for the remaining funding, based on the recommendations of the Green Task force. CDM wrote and submitted the final Commission approved grant application, conducted and completed a greenhouse gas emissions inventory, and created a long-term Climate Action Plan for the City of Boynton Beach. Activity 1 is 100% complete at a cost of $195,882.99. ❑ Activity 2 —Ezell Hester Community Center Energy Efficiency Retrofits: Hester Center internal lighting and fixtures have been replaced with energy efficient retrofits, and internal motion sensors have been installed to conserve energy and increase efficiency. This part of Activity 2 has been 100% completed by Meisner Electric Inc. of Florida at a cost of $65,334.00 Also as part of Activity 2, ENERGY STAR equipment (industrial Ice Machine, Ice Bins, Refrigerator and Freezer) was purchased to replace old, non -efficient equipment at the Hester Center. The equipment was purchased from Kirby Restaurant & Chem. Supply at a cost of $8064.70. This portion of Activity 2 is 100% complete. And finally, on January 4, 2011, the City Commission awarded a contract for the Ezell Hester Center retrofit of the outdoor sports lighting to Electrical 345 of 432 Contracting Services, Inc for a total expenditure of $328,508.32. This portion of Activity 2 has not yet been permitted. The total amount of spent and obligated funding is $597,730.01 leaving a total of $61,169.99 that can be reallocated to additional project(s) through an Amendment to the original grant. The following projects are being presented to the Commission for consideration from the Sustainability Team. All proposed projects address implementation strategies from the Climate Action Plan: ❑ Project 1: Schoolhouse Children's Museum and Learning Center air conditioning upgrade at a cost of $26,236.00. The project will consist of the replacement of 13 year old condensing units, cooling coils, and hot gas -reheat coils. The installation and hook up of the new equipment will be performed by city staff. The existing condensing units have an energy efficiency rating (EER) of 10.3. The new condensing units have an EER of 12.6. The new condensing units will be 22% more energy efficient. This project addresses strategies in section 4. 1.1 Buildings and Facilities in the Climate Action Plan. — CM Cost savings are direct to the City as we currently pay the power costs for the museum. ❑ Project 2: A water reclamation and /or reuse project that delivers public education and demonstration at the East Water Treatment Plant at Edward F. Harmening Arbor Memorial Park, Boynton Beach, Florida. The City is seeking funds for the Educational/Demonstration Project Final Design Budget estimated cost of $60,000.00. Once the final design is completed, the City will publicly bid the project to complete the construction phase. The City will engage community participation in the project through workshops, promotion and education of the project. The City's Sustainability Team will utilize the project concept in its efforts to educate youth and the general public in schools, City Recreation, and Public Art programs. The project will address strategies in section 4.1.2 WaterNVastewater Facilities, Conservation and Landscape Irrigation in the Climate Action Plan through education and demonstration of how water is used, reclaimed and reused in the City of Boynton Beach as well as the South Florida Region. ❑ Project 3: A feasibility study for a solar array on the City's closed and abandoned landfill west of Boynton Beach for the purpose of power generation to adjacent properties including Park Vista High School, Palm Beach County Parks and Palm Beach County Fire Rescue. Estimated cost $33,000. This project addresses strategies in section 4.3 Fuel and Energy Use in the Climate Action Plan for renewable energy initiatives. On an added note, city staff has had a recent conversation with FPL regarding their Renewable Energy Agreement for a solar array with the City of Sarasota. Our original inquiry was whether FPL will be making these types of agreements with other municipalities in the future. The response from FPL was that the agreement with the City of Sarasota was a demonstration project. It will not be until the project has been running for at least a year (October 2011) before FPL will be able to analyze the benefits. After that time FPL will be better situated to decide whether or not to enter into such agreements with other local government entities. CM Comment: This would allow a more detailed review of the program and potentially develop a strategy to either partner with FPL if their program becomes operational or to go it alone via other grants that could pay for the installation of the solar array, once the feasibility is established. ❑ Project 4: Facilities Occupancy Sensor Installation Program at an estimated cost of $65,562.00. Install 539 Occupancy Sensor Switches in various city facilities and parks restrooms throughout the City. The sensor switches will be installed contractually. Projected energy savings of $5,957.00 annually. The Sustainability Team and Public Works staff recommends that sensor switches for all bathrooms in parks and facilities be the project priority for the greatest energy savings and select offices and/or conference rooms can be deferred from the overall project to meet the available grant funding. This project addresses strategies in section 4.1.1 Building and Facilities in the Climate Action Plan. CM Comment: This project can be phased to install the occupancy sensors in high -traffic areas, thereby reducing costs. 346 of 432 ❑ Project 5: Palmetto Greenway east & west and Wilson Park Irrigation installation and connection to reclaimed water. The project will consist of the extension of reclaimed water to the existing irrigation system at Wilson Park and the installation of new reclaimed irrigation system for Palmetto Greenway east and west. Also included in the price for Palmetto Greenway east is the installation of a 6" sleeve under Seacrest Boulevard. The design and installation will be performed by contractor on the city annual services contract at an estimated cost of $60,000.00. The demand for fresh water in Florida is growing as the state's population increases. The potential for developing new sources of potable water is limited. Conservation measures, such as irrigating with reclaimed water, are one way to help ensure existing water supplies are utilized as efficiently as possible. The environmental benefits of using reclaimed water include 1.) Increased water quantity; 2.) Decreased diversion of freshwater from wetlands and other ecosystems; 3.) Reduction in the amount of groundwater withdrawal; 4.) Increased water quality. This project addresses strategies in section 4.1.2 Water / Wastewater Facilities, Conservation and Landscape Irrigation ❑ Project 6: Establish an urban forestry program to develop a city-wide tree canopy survey with the eventual goal of reducing the `heat island' effect due to dark or asphalt surfaces. City trees can reduce air pollution, improve water quality, lower cooling costs, minimize storm water runoff, decrease soil erosion, buffer noise pollution, provide habitat for wildlife, contribute to the psychological and social health of cities and lessen the urban heat island effect. A city-wide tree canopy survey is a process that documents, evaluates, characterizes and locates individual or groups of trees in the city. The goal of the city-wide tree canopy survey is to decide what tree planting initiative(s) would reduce the city "heat island" effect due to dark or asphalt surfaces. The Sustainability Team proposes to have a qualified consultant firm complete a partial or sample tree canopy survey with an estimated cost of $60,000. This project addresses Climate Action Plan strategies in section 4.1.2 Water / Wastewater Facilities, Conservation and Landscape Irrigation and 4.5.1 Land Use. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Submitting a Project Amendment to the DOE for consideration of funding will further the implementation of the Climate Action Plan without affecting the city's general fund and utilize the remaining allocation of EECBG funding. FISCAL IMPACT: Based on project selection by the Commission and approval by the DOE, the city could allocate additional grant funding from the EECBG to complete additional projects at no cost to the city, with the exception of staff hours. ALTERNATIVES: 1.) Prioritize and choose a recommended project(s) for submittal from the city's Sustainability Team. 2.) Direct staff to submit for approval another project not listed. 3.) Do not authorize staff to submit an additional project and forfeit the remaining EECBG funds. 347 of 432 l 4. 1.1 Buildings and Facilities Objective: Reduce GHG emissions from City operations 3 percent by 2012,13 percent by 2025 and 18 percent by 2035 as compared to 2006 levels. Developan HVAC and li htin retrofitting strategy and timetable. Eliminate or reduce use of refrigerant gases (Hydrofluorocarbons (HFC), Hydrochlorofluorocarbons (HCFC), and Chlorofluorocarbon (CFC)), which have Global Warming Potentials (GWP) that are thousands of times greater than CO2 in HVAC systems and replace them with more ozone and climate -friendly refrigerant gases (such as propane, butane, and cyclopentane, water, ammonia and air). As older computer equipment and appliances must be replaced, ensure that new equipment meets Energy Star orequitable ratings When planning public infrastructure investments, consider the physical, environmental and economic impacts of increasing the energy and water efficiency of the projects. Examine the Capital Improvements Element of the Comprehensive Plan to identify potential opportunities to increase the efficiency of these projects over their lifespan 4.1.2 Water / Wastewater Facilities, Conservation and Landscape Irrigation Objective: Conduct energy audits to determine improvements to reduce electrical costs at the City's water and wastewater facilities Evaluate energy efficiency of high -service pumps. Develop an energy efficiency strategy for water utility operations to maximize efficiency of treatment, operations and equipment. Explore opportunities to incorporate renewable energy sources into the expansion or retrofit of water infrastructure Increase use of aquifer storage and recovery of excess water that would ultimately be discharged to the ocean during the wet season. Maximize use of the East Lime Softening Plant and minimize use of the West Membrane Treatment Plant. As co-owner of the South County Regional Wastewater Treatment Facility, the City is increasing the use of wastewater by existing customers and working to expand the wastewater treatment capacity by 8 million gallons per day. Explore partnerships with the City of Delray Beach to complete energy audits at the Facility. Benchmark current energy usage and efficiencies. Evaluate the potential benefits of turbo blowers for wastewater aeration, as well as the use of variable frequency drives (VFD). Evaluate the treatment process to determine efficiency. Develop a rebate and incentive program for low -flow toilets and fixtures. Explore using an energy management program such as Energy Star's "Portfolio Manager" for water and wastewater plants to track, measure and reduce energy use. See section on Monitoring. City of Boynton Beach Climate Action Plan Implementation Strategy.doc 348 of 432 Objective: Reduce GHG emissions from City operations 3 percent by 2012,13 percent by 2025 and 18 percent by 2035 as compared to 2006 levels. Use regulatory methods to limit water use. While the City is only required to limit outside landscape irrigation to 3 days per week, other communities within the 16 counties of the South Florida Water Management District are only allowing 2 day per week watering. CDM recommends exploring the feasibility of reducing the number of days or hours of landscape irrigation allowed under the City's water conservation ordinance as compared to the relevant requirements in Chapter 40E-24, F.A.C. The City may consider encouraging low-volume irrigation that may be used without restriction on days irrigated. Adopt Florida Friendly landscaping principles in the land development code including identification of permitted and prohibited species [CA]. Establish landscape requirements in the City's Land Development Regulations with a target of greater than 50 percent for new landscaping consisting of Florida Friendly species including lawn grass. Determine the effectiveness of reducing unaccounted for water losses from system leaks. Consider adoption of the Model Ordinance for Installation, Maintenance, and Operation of Sensing Devices on Automatic Landscape Irrigation Systems created by DEP. Require irrigation systems to be designed and installed to prevent spray on structures Enhance the City's water conservation education program and better utilize the City's website and social media to communicate the program. Promote partnerships and consistent conservation policies with all users within the City's water service area including homeowner's and condominium associations. Establish aggressive water efficiency standards for City and non -City new construction and major renovations which exceed the Florida Building Code2 standards in the Sustainable Construction section and based upon appropriate standards such as U.S. Environmental Protection Agency's EPA WaterSense or Energy Star. See further recommendations related to water efficient Establish landscape requirements for single family infill that can support creation of an urban forest with energy conserving benefits Establish an urban forestry program to develop a city-wide tree canopy survey with the eventual goal of reducing the "heat island" effect due to dark or asphalt surfaces. 4.1.3 City's Vehicle Fleet and Employee Commuting Objective: Identify opportunities to reduce the City's vehicle fleet emissions through decreasing the size of the fleet and/or increasing the fuel efficiency of the vehicles with a goal of 10 percent fleet emissions reductions by 2035. Evaluate the need for each vehicle in the fleet and eliminate those vehicles that do not fulfill a specific purpose. Consider setting a goal of eliminating 5 to 10 percent of the fleet vehicles through implementation of recommendations listed below. Develop a fleet retrofit schedule to either hybrids, electric or conversions to compressed natural gas vehicles. Assure adequate recharge or plug in facilities to service fleet. Develop return on investment and cost comparison analysis of same. Determine the City of Boynton Beach Climate Action Plan Implementation Strategy.doc 349 of 432 feasibility of only purchasing vehicles to meet new vehicle greenhouse gas emissions standards promulgated by EPA. Implement GIS -based employee rideshare program and electronic bulletin board. Adopt a City rideshare policy manual. Develop and adopt a high -occupancy vehicle incentive program through preferred employee parking incentives Adopt a City policy for all City operations to reduce miles traveled and hours traveled by considering efficiencies in scheduled meeting times and locations. Enhance a vehicle idling policy for all applicable City vehicles that furthers the objectives of the vehicle idling reduction requirements in Chapter 62-285, F.A.C. including the five minute limitation on idling from heavy-duty diesel engine powered motor vehicles Evaluate (and implement if feasible) provision of alternate and/or fuel efficient vehicles (such as Segways, electric or hybrid vehicles) for short -distance tris made by City employees. Research and provide recommendations regarding bicycle amenities for City staff as part of facilities planning and capital budget processes. Further research and make a recommendation regarding a "fuel-efficient shuttle' between the Boynton Tri -Rail Station and City offices. Further research and provide future report on potential feasibility of workforce housing, on-site day-care, in-house cafes and other trip-saving/time-saving capital amenities. Adopt employee scheduling and other measures to reduce energy use: • Adopt a City telecommuting policy manual including provisions such as those found in Section 110.171, F.S. for state agency employees. The provisions should include documenting measurable financial benefits associated with reduced office space requirements, reductions in energy consumption, VMT, and associated GHG resulting from telecommuting. • Implement compressed 4 -day workweek for City employees (already implemented by City). This has resulted in a reduction in VMT and GHG emissions due to reduced vehicle usage as well as reduced electrical consumption by the City. • Evaluate (and adopt if the Commission believes this to be a reasonable and financially prudent action) a furlough policy to close City offices for one full week a year as an energy cost and general cost reduction strategy consistent with the furlough policy in effect for state agencies (Section 100.1225, F.S.) identifying all affected positions and ensure that all affected employees are subject to the same reduction of hours for the same number of pay periods with a commensurate reduction in pay. This will result in associated reductions in VMT and GHG emissions. Due to Federal Labor Law limitations and to achieve maximum savings in both VMT and GHG emissions, it is recommended that the furlough occur over consecutive work days. 4.1.4 Emissions from Solid Waste Objective: Explore opportunities to meet and exceed the following recycling standards (for recyclable solid waste) required for counties: 40 percent recycled solid waste by December 31, 2012, 50 percent recycled solid waste by December 31, 2014, 60 percent recycled solid waste by December 31, 2016, 70 percent recycled solid waste by December City of Boynton Beach Climate Action Plan Implementation Strategy.doc 350 of 432 31, 2018 and 75 percent recycled solid waste by December 31, 2020. Maximize the City's E - government access and develop a paperwork reduction policy. Meet or exceed the State's recycling target for municipal solid waste of 75 % by 2020. This would include meeting the annual reporting requirements pursuant to Section 403.7032, F.S Adopt a similar voluntary reporting policy for businesses such as that found in Section 403.7032, F.S. encouraging reporting the materials they recycle to the county. Review and adopt as feasible, recycling procurement policies formulated by the new Recycling Business Assistance Center in DEP. Develop appropriate composting policies consistent with Section 403.706, F.S. for organic materials or mulching organic materials that would otherwise be disposed of in a landfill. Determine additional opportunities for composting in partnership with the private sector. Ensure new development projects, on or after July 1, 2012, for multifamily residential or commercial purposes provide adequate space and receptacles for recycling by tenants and owners consistent with HB 7243 amending Section 403.706, F.S. Determine system for monitoring and tracking compliance with building permit process. Publish the City' rate of recycling on its website. 4.1.5 Actions to Administer the City's Climate Action Plan Objective: The City Sustainability Team should be responsible for implementing the Climate Action Plan, monitoring and tracking its success and developing consistent policy recommendations for the City to achieve its GHG reduction goals. The City should maintain its inter -departmental Sustainability Team to meet quarterly to evaluate the effectiveness of the City's operations and policies on energy conservation and sustainability. The Team should develop office and administrative procedures "green manual" with milestones, goals and timelines to meet the City's goals. The Team should coordinate with Palm Beach County, the Compact, TCRPC, MPO and SFWMD on grant funding and obtaining technical expertise on regional climate change that would otherwise not be available. The Team should also reach out to Florida Atlantic University as a source of scientific information on climate change and its projections. The Team should develop a template and data management system to monitor and track progress towards reaching GHG reduction goals. Monitoring of energy reductions should be coordinated by the City's Sustainability Team by use of free software such as EPA's Energy Star Portfolio Manager and through the implementation of an Energy Management System which provides real-time energy usage (see section on Monitoring). This could be used to produce the City's Annual Report, another area of responsibility for the Sustainability Team. Develop an Environmentally Preferred Procurement Policy Manual/Central Procurement System to be used by all appropriate departments and divisions. While this may not reduce GHG emissions for the City, there are benefits at the point of production. Preference should be given to products that have a lesser or reduced effect on human health and the environment as compared to City of Boynton Beach Climate Action Plan Implementation Strategy.doc 351 of 432 other products such as low -toxicity, recycled content, low -waste and renewable materials (unless costs are prohibitive or other environmental considerations are more important). This preference should consider all phases of the product's life cycle, including raw materials acquisition, production, manufacturing, packaging, distribution, operation, maintenance, and disposal, including potential for reuse or ability to be recycled. The Manual/System would include the following types of products: • Biobased, biodegradable, carcinogen -free, chlorofluorocarbon -free, compostable, durable, energy efficient, heavy metal free (e.g., no lead, mercury, cadmium), less hazardous, locally manufactured, low volatile organic compound content, low - toxicity, made from rapidly renewable materials, persistent/ bioaccumulative toxic free, recyclable, recycled content, reduced greenhouse gas emissions, reduced packaging, refurbished, resource efficiency, reusable, upgradeable and water efficient. Related to the Environmentally Preferred Procurement Policy as far as the GHG impact to the City, the Sustainability Team should complete a review of the City's purchases of commodities and based on anticipated purchasing needs and volumes, prioritize its efforts to integrate environmental considerations into their purchases. This should include determination of an appropriate and reputable standard to avoid concerns of greenwashing. Such products could include the following: • The more than 50 recycled content products designated by the US Environmental Protection Agency (www.epa.gov/caa). • The more than 35 energy-efficient products listed by the Energy Star program (www.energvstar.gov). • The biobased products designated by the US Department of Agriculture (www.ars.usda.cov/bbcc). • Furniture purchases such as those with foam components that do not contain CFC's or HCFCs and/or wood products certified by the Forest Stewardship Council whenever possible. • Hybrid electric or alternative fuel vehicles. • Landscaping products and services that are energy efficient and do not utilize harmful pesticides. • Paint and painting services that utilize volatile organic compounds standards such as Green Seal. • Paper (beyond the initial recycled -content requirements) such as binders, flip charts, printer cartridges, envelopes, tissue/towel products, etc. • Pest management products and services. • Vehicle maintenance products and services. • Ability or a policy to recycle electronic waste. • Green Housekeeping policy that includes environmentally preferred cleaning products/services requirements for internal or contracted janitorial services. • Require contractors to meet certain energy efficiency standards in their fleet where appropriate. • Develop criteria for evaluation of governmental services contracts that provide points to "green certified" businesses with documented programs and criteria. • Determine the feasibility of pursuing a "green" certification for City offices. City of Boynton Beach Climate Action Plan Implementation Strategy.doc 352 of 432 times for responses. • Develop a financial implementation strategy including grants, financing districts and revolving loan funds for commercial and residential properties. 4.2 Community Engagement Objective: Motivate all Boynton Beach residents and businesses to adopt beneficial habits that reduce GHG emissions. Place the CAP, and highlight its adoption, on the City's website, BBTV and in the media. Design a marketing program to educate the public on the benefits of energy & water efficiency and improved air quality. (BBTV PSA -type message to be developed and aired. Utilize existing programs such as "Commit2BFit" and "Bike to Work" week to highlight the relationships between these initiatives and goals of the CAP such as reduced greenhouse gas emissions related to less vehicle use. Use of City facilities, newsletters, the website, library programs, social media and providing information through utility bills should all be considered in the costeffective development of the program. Demonstrations and signage in City Hall and partnerships with the library and schools district will disseminate the messages to a eater audience. Continue to support assistance programs to low income households such as the Federal Weatherization Assistance Program to increase educational opportunities such as energy conservation at existing homes. Analyze and increase utilization of existing communications opportunities such as newsletters, mailers, the City's marquee, utility bills, new resident packages, City Services Institute and flyers/posters to communicate the City's CAP concepts. In particular, communicate the City's water conservation goals in its utility bills. In particular, use the City's buildings as a mechanism to increase awareness of the City's CAP and accomplishment of goals as well as an opportunity to educate home and business owners about the benefits of going green. Increase the information on the City's "Go Green Boynton!" portion of the website including educational materials about citizen and business led initiatives to incorporate sustainability principles into everyday decisions. Communicate the City's energy savings due to implementation of the CAP. Additional recommendations include: • Feature a "Green Home Makeover" once a month on the City's Green Section of its website. • Create links on website to information on tax and rebate incentives for homeowner and business energy retrofits. Create a link to a personal GHG emissions calculator and include tips to personally reduce GHG emissions. Use press releases to highlight the City's accomplishments including retrofits at buildings, green events or renewable energy projects on buildings such as the retrofits being completed pursuant to the City's EECBG. Examine how to increase the visibility and reach of the City's CAP message, strategy and goals with its younger, older, minority and ethnic citizens. Develop an initiative to focus on increasing awareness of the City's recycling ro ram and successes. This initiative should also City of Boynton Beach Climate Action Plan Implementation Strategy.doc 353 of 432 focus on home and business owner tips and strategies for increasing recycling. Determine the feasibility of using transit facilities/stops to increase awareness related to transportation -related GHG reduction strategies. Promote state's recycling target of 75 percent. Expand the current recycling program through consideration of alternative methods and increasing public awareness. Publish monthly energy use in local City newsletter and on website. Energy and water efficiency strategies incorporated into monthly water utilities billing. Objective: The City should form partnerships between other local governments, Chambers of Commerce, the business community and engage all its citizens, from the very young to seniors, to assure it achieves a "cultural shift" embracing the concepts of sustainability. Consider organizing individually or in partnerships with other local governments. Models include the Florida Chamber of Commerce and the growth and climate related events that they hold each year or the Palms West Chamber of Commerce and their Florida Green, Energy & Climate Conference/Expo. This could increase awareness of the CAP's implementation, increase exposure for vendors of local green products and services and other common areas of interest. Develop a partnership with the Greater Boynton Beach Chamber of Commerce to formulate a "green" certification program or "leadership council" to promote the concepts of cost savings and reductions in GHG emissions from the business community. Examples include Manatee County and the Green Business Leadership Council or Green Business Partners programs in Sarasota County. Develop a training program for local businesses in conjunction with this initiative. Establish a local partnershi to offer education, training and resources for contractors and design professionals. 4.3 Fuel and Energy Use Objective: Reduce energy use in existing and new construction and incentivize the use of renewable/alternative energy sources. Develop a feasible target for renewable energy production within the City for City operations and facilities by a certain date. Develop financial, regulatory and policy incentives, and explore partnerships, for development of energy efficiency and renewable energy projects and programs, training and incentivizing green jobs and assisting local business through retention and expansion. Identify City buildings and facilities appropriate for renewable energy projects including street and parking lighting. Ensure involvement of the water and wastewater utilities facilities in this effort. Seek grants and other funding opportunities to implement renewable energy projects on City buildings or at City facilities. Use retrofitted City facility projects as "demonstrations" to increase awareness in the community. Assess vacant lands or other parcels appropriate to encourage the development of alternative energy projects. Verify that code provisions do not inadvertently discourage alternative energy projects. Seek partnerships with electric utilities for siting renewable energy projects. Identify opportunities, such as solar photovoltaic panels (PV), where a demand for manufacturing exists and City of Boynton Beach Climate Action Plan Implementation Strategy.doc 354 of 432 develop an economic incentive program to attract green businesses. Create incentives for renewable energy use in new construction. Define City and Community standards for energy efficiency and renewable -energy criteria when assessing the housing, commercial and transportation sectors. Determine the feasibility of achieving low or zero net GHG emissions in all new buildings and homes. Such standards could include a renewable energy target for homes and businesses or use of renewable energy in a certain amount of public facilities. Develop policies to ensure that new buildings and major remodels can adapt to the changing climate with concepts including building floor elevation or requiring electrical infrastructure is located at a higher level in the building. Explore an ESCO partnership as a possible opportunity for establishing a measurement and verification system for existing energy use management in the City and CRA buildings. Develop an ESCO energy performance contract (PC) request for proposal (RFP) to avoid allocating capital dollars for energy retrofits on buildings and facilities. Support initiatives to increase the amount of, and access to, alternatively fueled vehicle infrastructure such as fueling stations. 4.4 Transportation Objective: Reduce per capita daily VMT each year for the next 20 years. The City should establish an integrated network of non -motorized transportation corridors by including and utilizing existing rights of way that connect parks, linear parks, greenways, canals and waterways to increase the non -motorized transportation network. Identify any missing links in the network to ensure all City streets have sidewalks. Improve pedestrian continuity on downtown streets to decrease short trip automobile use and iterative parking, increase transit viability and require less parking. Provide or require bicycle and pedestrian ways for connecting residential areas to recreational areas, schools, shopping areas and employment areas. • Promote bicycling and pedestrian facilities and incorporate the "complete streets" concepts to accommodate the needs of different transportation modes and users into the City's transportation plans. Accommodate automobiles, transit vehicles and non -motorized forms of transportation. • Ensure a safe and comfortable environment for diverse users. Aesthetically pleasing. Placespecial emphasis on streets located in the downtown area and in single family neighborhoods. Evaluate and Improve City -Wide Bicycle Facilities Network and adopt a pedestrian and bicycle master plan by (a commission - determined date). Require a minimum amount of long-term bicycle parking areas for multi -family housing and mixed use developments in areas other than the actual dwelling unit. Create Transportation Management Association (or Alliance) of Commercial Interests along the Corridor to Develop a Trip Linkage City of Boynton Beach Climate Action Plan Implementation Strategy.doc 355 of 432 Strategy Implement traffic engineering improvements or enhancements. Prioritize the area along Congress Avenue between Gateway Boulevard and Woolbright Road. Identify and create a GIS map of any existing locations for alternatively fueled vehicle charging stations. Determine future opportunities for expansion of the network. Include development approval incentives to encourage prioritized parking and charging stations for alternatively fueled vehicles in redevelopment projects. Objective: Determine current levels of citywide transit use and increase ridership. The City should monitor the South Florida East Coast Corridor Study focusing on the eastern portions of the three counties, mainly along 1-95, U.S. 1 and Old Dixie/Federal Highway. The Study objective is to relieve roadway congestion along the roadways while providing the needed freight transport to the area. The Study is also reviewing the potential for additional transit service along the corridor that would provide connectivity to existing and proposed transit (Tri -Rail, Metrorail, Miami streetcar, East-West Line in Broward . The City should create incentives to be implemented in the development approval process for commercial projects that link directly to public transit alternatives such as Tri -Rail. Develop City -Wide Multi -Modal Map that illustrates deficiencies and opportunities related to transportation and land use integration. The City should work with Palm Tran and private developers in increasing the transit modal split for all trips and also work trips in the City of Boynton Beach City should coordinate with Palm Tran and other transit providers on the provision and/or enhancement of transit services that connect the City's western communities with downtown. City should increase opportunities for park and ride facilities as a means to encourage greater use of transit and to increase opportunities for ridesharin . Continue work with the MPO, TCRPC and Boynton Beach Community Redevelopment Agency on the Intracoastal Waterway (ICW) plan to expand all forms of water-based transportation. 4.5 Land Use and Development 4.5.1 Land Use Objective: Develop and transmit Comprehensive Plan amendments to implement the CAP and meet new Chapter 163, F.S. requirements to incorporate greenhouse gas reduction strategies into specific elements. The future land use plan shall be based upon surveys, studies and data regarding the area, including the discouragement of urban City of Boynton Beach Climate Action Plan Implementation Strategy.doc 356 of 432 sprawl; energy efficient land use patterns accounting for existing and future electric power generation and transmission systems; and greenhouse gas reduction strategies. This will require some level of coordination with power providers on future facilities. Transportation strategies to address reduction in greenhouse gas emissions from the transportation sector, Section 163.3177(6)(b) F.S. There is no explicit requirement for supporting data and analysis regarding GHG emissions. In the Conservation Element of the Comprehensive Plan, Section 163.3177(6)(d), F.S. factors that affect energy conservation must be included and the Section requires the land use map or map series contained in the future land use element to generally identify and depict "energy conservation'. The housing element shall consist of standards, plans, and principles to be followed in energy efficiency in the design and construction of new housing and the use of renewable energy sources. In Sections 163.3177(6)(f)h. and i., F.S. there are no definition of standards, and principles for energy efficiency in new construction or use of renewable energy sources. Recommendations to Comply with HB 697 Future Land Use Element: The land use map or map series contained in the future land use element should be amended to generally identify and depict energy conservation. Update the data and analysis discussion to include information from the GHG Inventory related to emissions data from various sectors. Include efficient use of energy conservation as one of the resources and services to address in Objective 1.8 Update the Support Document to reflect additional aspects of strategies pertaining to compact, walkable neighborhoods, incentives for infill redevelopment, transit -oriented development and/or production and use of renewable energy sources from the CAP. In policies related to energy efficient land use patterns, reduction of greenhouse gas emissions and the efficient use and conservation of energy, required by HB 697, include provisions such as increasing connectivity with the master pedestrian-bikeway- greenway-blueway plan and implementation of "qualifying improvements' district or other incentives to promote retrofitting of commercial and/or residential properties as well as City facilities. Transportation Element: Update the data and analysis in the Support Document to include data related to transportation sector GHG emissions data at the Communitywide and City fleet levels. Update the data and analysis in the Support Document to include the CAP recommendation pertaining to identification of missing links in sidewalk networks and establishing an integrated network of non -motorized transportation corridors such as rights of way, linear parks, greenways, canals and waterways. Include a policy to implement recommendations in the CAP related to increasing opportunities for park and ride facilities and alternatively fueled vehicle charging stations. For instance this policy could be added under Objective 2.8 relating to reduction of energy consumption. Conservation Element: Include an Objective and Policies to address implementation of strategies for conserving natural -area features. This could be done City of Boynton Beach Climate Action Plan Implementation Strategy.doc 357 of 432 be creating a new Objective and Policy section or updating Objectives 4.5 and 4.6 to address these strategies. Establish an urban forestry program to develop City-wide tree canopy survey with the eventual goal of reducing the "heat island" effect due to dark or asphalt surfaces. Housing Element: Include discussion of the City's Green Building Program for energy efficiency in the design and construction of new housing and the use of renewable energy sources. Include a policy to promote partnerships with the City of Boynton Beach Community Redevelopment Agency (CRA) in programs to retrofit and upgrade properties. Include a policy pertainingto development of a residential energy retrofitting ("qualifying improvements") program. Additional Potential Amendments to the Comprehensive Plan Based on the CAP Utilities Element: Amend the Sanitary Sewer Sub -Element to include concepts under Objective 3A.6 related to consideration of energy audits for wastewater facilities and integrating renewable energy resources where appropriate. Coastal Element: Revise Policy 7.1.4 to require construction in accordance with the 2007 version of the Florida Building Code. Intergovernmental Coordination Element: • Add a policy promoting the City's partnerships with other municipalities, TCRPC, MPO, Palm Beach County and other local governments related to the CAP's recommendations. • Add a policy that promotes coordination with the efforts of the Southeast Florida Regional Climate Change Compact. • The City should continue and enhance partnerships with the TCRPC on regional land use plans incorporating climate change adaptation, VMT and increased energy efficiency. For instance, coordinate the City's Comprehensive Plan review and revision to incorporate the CAP consistent with the TCRPC's document "Energy Planning in the Twenty -First Century, A Guide for Florida Communities," December 2009 (www.tcrpc.org/departments/ener `htmh. Capital Improvements Element: Add a policy that requires the City to coordinate the annual review of the CAP with the Capital Improvements planning process to capture new opportunities for funding the CAP's energy saving recommendations. City of Boynton Beach Climate Action Plan Implementation Strategy.doc 358 of 432 Optional Element of Comprehensive Plan The City should consider adoption of a new element of the Comprehensive Plan, pursuant to Section 163.3177, F.S., an "Energy Conservation Element" to capture most of the remaining CAP recommendations. Many local governments across the state are addressing energy conservation, including related issues pertaining to climate change and the resulting impacts, in an optional element of their respective Comprehensive Plans. The City's Sustainability Team will provide recommendations as to the scope of material to be covered in this optional element and its Support Document. 4.5.2 Sustainable Construction Objective: Revise the LDR as needed for policy and short term land development decision-making that supports the Climate Action Plan. Govern the City by "green" or "sustainable" Land Development Regulations with different "tiers" (for example, for single family, multi- family, commercial) of design criteria to provide a variety of incentives to landowners/developers. More "intense" incentives are reserved only for parts of the City that are designated for high density and intense redevelopment. Review its land development regulations to determine the feasibility of using land use and parking strategies that reduce reliance on automobiles including but not limited to strategic reductions in parking supply, encouraging short term over long term parking, promotion of ark -and -ride and bike -and -ride areas and shared parking facilities. Identify land use categories and zoning districts where alternative energy projects are an allowable use. Ensure land development regulations comply with Section 163.04, F.S. in that property owners cannot be denied (nor can condominium associations restrictors prohibit) solar collectors, clotheslines or other energy devices from renewable resources. Similarly, Section 718.113(6) F.S. allows the board of administration of a condominium the authority to install upon or within the common elements or association property of a condominium solar collector, clotheslines, or other energy efficient devices based on renewable resources for the benefit of owners. Create an incentive for projects that includes a "20 -Minute Complete Neighborhoods" approach whereby residents can safely walk a relatively short distance from home to most of the destinations and services they use every day. This could require development applicants to submit a list of neighborhood services within a 20 Minute walking distance from their project such as: • Neighborhood oriented commercial • Restaurants • Drug stores • Convenience stores Transit stops City of Boynton Beach Climate Action Plan Implementation Strategy.doc 359 of 432 • Schools Develop process and land development standards: • Establish a recognition program for new construction and renovation, feature on website and social networking including signage for projects achieving rating. • Applications for buildings over a commission -determined square footage threshold shall include a building design and construction commissioning plan and shall be commissioned by a qualified commissioning agent to meet the owner's project requirements. • All new commercial and multi -family construction shall include recycling facilities for non -hazardous materials including i ne rouowing design principles snouid be apps ed to residences of tnree stories or less, additions, and renovations: — Include standard building code provisions in the land development regulations encouraging green roof or `White roof' incentives and targets, shading of parking lots with native vegetation, pervious pavement, flat roofing with reflective standards and providing more insulation than the minimum to existing residential buildings; new heating, cooling, and water heating systems in existing buildings; and site -added components of manufactured homes and buildings. — Ensure land development regulations facilitate and promote site design criteria allowing for the easy and cost-effective installation of solar energy systems with techniques such as: • Optimum roof orientation. • Clear access without obstructions. • Designing the roof framing to support the addition of solar projects. • Installation of electrical conduits to accept solar electric system wiring. • Installation of plumbing to support an energy efficient water heating systems (tankless or solar). Ensure new buildings incorporate passive solar design features such as daylighting. — Review the development regulations and assess need to develop any special green building criteria for historic structures. — Establish criteria for new construction or major renovations requiring hot water heating systems to achieve an Energy Factor >0.82 or a thermal efficiency of at least 90 percent (same target as Federal tax rebates). — Certified wood products and bio -based materials (engineered wood, bamboo, cork, natural fiber or other bio -based materials with at least 50 percent biobased content) shall be encouraged. — Develop land development code criteria for composting as appropriate. — Reused and recycled materials shall be encouraged in the construction process. — As a building site permits, orient and shade buildings such that: • Exterior shade is provided for south -facing windows during the peak cooling season. • Provide shading against direct sun due to low sun angles for east and west facing windows. City of Boynton Beach Climate Action Plan Implementation Strategy.doc 360 of 432 • Protect the building from thermal loss, drafts and degradation of the building envelope caused by wind and wind -drive materials such as dust, sand, and leaves with building orientation and landscape features. Use landscaping to provide natural shading when feasible. — Define Florida Friendly and native landscaping species and establish planting thresholds. — Establish requirements for indoor -fixture water conservation. Select appropriate performance characteristics from the following programs: Water Sense®, Florida Building Code, Federal Energy Management Program (FEMP), Florida Water Star, and US Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED). A comparison chart of all the programs is contained in Appendix B. — Review existing landscape provisions and revise with a goal of reducing heat island effects. — Investigate the feasibility of building design guidelines and criteria to minimize the amount of non -roof pervious surfaces around buildings. Investigate provisions and requirements for building energy efficiency improvements in leased spaces. • Coordinate with CRA to require energy efficiency to obtain funding. • Establish energy efficient outdoor lighting requirements. Review the viability of an ordinance requiring certain upgrades that save energy and conserve water are completed at the time a property is sold. Address sustainable construction principles on City facilities: — Pursuant to Chapter 255, F.S. all City of Boynton Beach buildings shall be constructed to meet: • The USGBC LEED rating system. • The Green Building Initiative's Green Globes rating system. • The Florida Green Building Coalition standards, or • A nationally recognized, high-performance green building rating system as approved by the Florida Department of Management Services. Develop sustainable building criteria for capital improvements that are less than whole buildings. The City should track its own level Offer incentives to development applicants to meet or exceed the City's green building program (see Appendix B) as appropriate such as building height, density bonuses and flexible floor area ratios. Incentives should be based on the merits of the project. The incentives should be codified in the developer's agreement between the City and the Applicant. — Market projects that achieve `certification" to real estate industry. — Determine viability of reduced cost Energy Audit for existing buildings — Investigate low interest revolving loan funds or establishment of a Property Assessed Clean Energy ("PACE") to help finance retrofits. Ensure the program includes commercial, residential and industrial projects to maximize energy retrofit benefits among the City of Boynton Beach Climate Action Plan Implementation Strategy.doc 361 of 432 highest energy consumers. — Research future grant opportunities to provide transportation, land use, or energy efficiency retrofit programs. In particular pursue low income weatherization assistance funds through the Department of Energy. — Enhance CRA Residential Improvement Program Grant ($20,000) to require energy efficient renovations. — Support legislative initiatives to formulate a uniform state tax credit for private green buildings that meet a minimum level of green certification through a recognized green building program. City of Boynton Beach Climate Action Plan Implementation Strategy.doc 362 of 432 IX. - CITY MANAGER'S CITY OF BOYNTON BEACH REPORT ITEM D AGENDA ITEM REQUEST FOR,,. NATURE OF AGENDAITEM Requested City Commission Meeting Dates Date Final Form Must be Turned in to Citv Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office ® Aril 21, 2009 Aril 6, 2009(Noon) ❑ June 16, 2009 June 1, 2009 (Noon) Unfinished Business ❑ Public Hearin ❑ ❑ May 5, 2009 Aril 20, 2009 Noon ❑ July 7, 2009 June 15, 2009(Noon) May 19, 2009 May 4, 2009 (Noon)July 21,2009 Jul 6,2009 oon ❑June 2,2009 May 18, 2009(Noon) August 4, 2009 July 20, 2009(Noon) NATURE OF AGENDAITEM ❑ Announcements/Presentations ® City Manager's Report ❑ Administrative ❑ New Business ❑ Consent Agenda ❑ Legal ❑ Code Compliance & Legal Settlements ❑ Unfinished Business ❑ Public Hearin ❑ RECOMMENDATION: Endorse the submittal of application for funding under the American Recovery and Reinvestment Act (ARRA) through the Energy Efficiency and Conservation Block Grant (EECBG) administered by the Department of Energy. EXPLANATION: The American Recovery and Reinvestment Act of 2009, Public Law 111-5, appropriates funding for the Department of Energy (DOE) to issue/award formula -based grants to states, U.S. territories, units of local government, and Indian tribes under the Energy Efficiency and Conservation Block Grant (EECBG) Program. The City of Boynton Beach has been allocated $658,900.00 through this program. The purpose of the EECBG Program is to assist eligible entities in creating and implementing strategies to: • Reduce fossil fuel emissions in a manner that is environmentally sustainable and to the maximum extent practicable, maximizes benefits for local and regional communities; • Reduce the total energy use of the eligible entities; and • Improve energy efficiency in the building sector, the transportation sector, and other appropriate sectors. The DOE is encouraging entities to develop many different new and innovative approaches within the framework of the legislation. Entities are also required to use the funds in a cost-effective manner that is of maximum benefit to the population, and in a manner that will yield continuous benefits over time in terms of energy and emission reductions. The DOE, has also developed core principles that should be given priority in the project/program planning process: • Prioritize energy efficiency and conservation first as the cheapest, cleanest and fastest ways to meet energy demands. • Maximize benefits over the longest possible terms and look for ways to link energy efficiency efforts to long-term priorities (especially community economic development, community stabilization and poverty reduction efforts). • Invest funds in programs and projects that create and/or retain jobs and stimulate the economy while meeting long term energy goals. Target programs and projects that will provide substantial, sustainable and measurable energy savings, job creation and economic stimulus effects. Give priority to programs and projects that leverage federal funds with other public and private resources, including coordinated efforts involving other Federal programs targeting community development. • Develop programs and strategies that will continue beyond the funding period. Enact policies that transform markets, increase investments, and support program goals. S: \BULLETINIFORMS�AUENDA ITEM REQUEST FORM.DOC 363 of 432 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The ARRA Team (American Recovery and Reinvestment Act) comprised of key city and CRA staff, met on 03/31/09 to discuss the potential of several projects that might be submitted for funding through the EECBG The recommended project is summarized: • Create Revolving Loan Fund for local businesses and residents to conduct energy audits and retroft energy efficient appliances (Energy Star) and renewable energy sources (solar panels). This project affords opportunities to partner with the CRA, Chamber of Commerce and non-profit organizations like the CDC. The city would have the ability to leverage CDBG funds, assist residents to take advantage of the Federal Weatherization Program and Energ, Star Rebate Program. It has the potential to increase energy efficiency and reduce the carbon footprint in the community, as well as stimulate the economy by creating new industry in city, and increase development department permit revenues. This is the preferred project of team. According to the U.S. Green Building Coalition (USGBC), and based on the Environmental Information Administration 2008 Report, 39% of all carbon emissions are from buildings. Buildings are the primary energy user, at 40% of the total energy consumption; 72% electricity consumption and 13.6% potable water consumption. Assisting the community with energy audits and energy efficient retrofits would reduce the overall carbon footprint of the city and increase energy efficiency and water conservation that would result in a cost savings to the consumer. The city's ARRA Team is bringing forward for consideration, a program which would benefit our city organization, Boynton Beach residents and business owners. Through the creation of a Revolving Loan Funds (RLFs) Program, the city can establish two (2) separate financial incentive programs to conduct energy audits for residences and business buildings for retrofit of energy efficient appliances (Energy Star), renewable energy sources (solar panels) and energy efficient cooling/heating systems. In addition, the city would apply a portion of the funding to conducting an energy audit and retrofit for Public Facilities. The energy cost savings would then be used to establish a third (3`a) RLF to continue the process for the remaining public facilities, and eventually those funds would get funneled back into the business/residence RLF's. This program would give the city the opportunity to partner with the Chamber of Commerce, the Community Redevelopment Agency, FP&L, non-profit organizations like the CDC, and possibly Palm Beach County. We could leverage CDBG funds for low-income families and assist participants in applying to the Federal Weatherization Program and Energy Star Rebate Program. Ideally, this program would also stimulate the economy and create newjobs by creating a demand for new "green" indusia professionals and products, Ultimately, it would also increase the Development Department permit revenues, as permits would be required throughout the retrofit process. The ARRA Team believes that this program has the potential to continue beyond the funding period and create long -terns benefit to the community. This program meets with both the criteria and intent of the EECBG. • Hire a consultant to create and Energy Efficiency and Conservation Strategy (SECS) jbr the ci¢-. Entities mar use tip to 5250,000 ofthe allocation to develop and/or implement a strategyfor energy efficiency and conservation and to carry out activities to achieve the purposes of tie program. The EECS must be submitted and approved beforg mw additional funding will be zr'anted. I-lowever, before the DOE will approve any project, the city must submit an Energy Efficiency and Conservation Strategy Up to $250,000.00 of the allocated funding may be awarded within 120 days of submittal specifically to retain technical consultant services to assist in the development of such a strategy, including formulation of energy efficiency, energy conservation, and energy usage goals; identification of strategies to achieve those goals through efforts to increase energy efficiency, reduce fossil fuel emissions or reduce energy consumption through investments or by encouraging behavioral changes. Through this strategy, benchmarks, goals and program outcomes will be created to satisfy the reporting criteria, Technical consulting services would be solicited through the city's Procurement process by generating a Request for Proposal (RFP). S.\BtfLI.FTIN'%.F0RMS',AGF.NDA ITEM REQUEST FORM DOC 364 of 432 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The administrating and reporting for this program will be time intensive and up to $75,000.00 of the allocation can be used for administration. All funds must be obligated/committed within 18 months of the effective date of the award and expended within 36 months of the effective date of the award. Progress reports are required at the end of every quarter giving a detailed accounting of activities and expended or obligated funds. Failure to comply with this reporting requirement may result in termination of that part of the award funded by the Recovery Act. Results of the program will be assessed according to: • Jobs created and/or retained. • Energy (kwh/therms/gallonsBTUs/etc.) saved. • Renewable energy generated. • GHG emissions reduced. • Cost savings. FISCAL IMPACT: If awarded funding for the above outlined activities, there is no anticipated cost to the city beyond staff time to prepare the application submittal, and possible administration costs, once the $75,000.00 cap has been exhausted. ALTERNATIVES: 1. Staff Recommendation: Direct staff to go forward with the application submittal to obtain allocated funding to create (I.) the Energy Efficiency and Conservation Strategy and (2.) the Revolving Loan Fund (RLF) Program and Public Facilities Energy Audit and Retrofit Choose one of the other projects NOT recommended by the ARRA Team: • Hire an outside technical consultant to complete the GHGE study to establish the city's carbon footprint and create a strategic plan to reduce carbon emissions. This would tie in with the Governor's Climate Action Plan, Executive Order # 07-128, effective July 13, 2007, which mandates reduction of statewide Greenhouse Gas Emissions (GHGE) by the year 2017 to the year 2000 levels. (This project could be included as part of the EECS Scope of Work) • Conversion of fleet vehicles to smart cars. (There may be additional competitive grant funding made available for this project.) • Ball fields and Parks lighting retrofit to LED. (There may be additional competitive grantfunding made available for this project.) • Purchase of car pool vehicle(s). (The city could partner with Palm Beach County's commuter/carpool program) • Purchase of Trolley. (There maybe additional competitive grant funding made available for this project). • Auxiliary assessments for the PD Complex (the Energy Management portion of LEEDS). (This project would be dependent on whether or not the Commission decides to go forward with the construction of a stand-alone building at the pre -designated site at Gateway Blvd and High Ridge Road *Note: Design/Conslruction of the PD Complex would be required to meet all National Environmental Policy Act (NEPA) requirements and information must be supplied by June 25'h as part of the application. This means that final design and all environmental impact & assessments need to be completed and submitted with application by June 25'h This project was not deemed feasible given the deadline time constraints imposed by the DOE. 3. Not apply for funding and forfeit allocation of $658,900.00. 4. Direct staff to provide alternative programs/projects not listed above and possibly delay process for application and missing the June 25° deadline. S:\BULLETWN FORMS�AGENDA ITEM REQUEST FORM DOC 365 of 432 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM �14xel�at - —A0,f Department He Signature Department Name City Manager's Signature Assistant to City Manager Attachments: I . Funding allocation notification. 2. Financial Assistance Funding Opportunity Announcement w/Appendices. S. T L1LLETFN%FORMSIAGFNDA ITEM REQUEST FORM. DOC 366 of 432 City Attorney/ Finance Meeting Minutes Regular City Commission Boynton Beach, FL April 21, 2009 The original motion passed 4-1. (Commissioner Weiland dissenting) D. Discussion regarding Energy Efficiency and Conservation Block Grant Ms. LeJeune explained the American Recovery and Reinvestment Act (ARRA) was the stimulus funding and a team had been established with staff from the City and CRA to diligently search for funding possibilities. Other funds have already been sought and now the Energy Efficiency and Conservation Block Grant is targeted to reduce fossil fuel emissions, total energy use and improve energy efficiency in the building and transportation sector. The team reviewed the priorities and created a program to submit for award. The program would create a revolving loan fund program to provide energy efficiencies for both private and public buildings. Partnerships with other governmental agencies as well as private organizations could be formed to coordinate and facilitate even greater use of the funding. It could also be structured to be available for low income families and provide assistance applying for other funds. In total, the grant monies would stimulate the economy, create new jobs and increase permit applications. Ms. LeJeune further reported $250,000 would be available to hire a consultant to create the energy efficiency conservation strategy required to meet the funding criteria. Staff recommended the Commission allow the application to be submitted to create the strategy, develop the revolving loan fund program and public facilities energy audit and retrofit. Mayor Taylor established there would be no match in funding required by the City. Administrative costs would be included in a $75,000 allotment. After those funds were exhausted there may be additional administrative costs to keep the program active. Motion Commissioner Ross moved to endorse the submittal of the application through ARRA for the Energy Efficiency and Conservation Block Grant. Vice Mayor Hay seconded the motion. The motion passed unanimously. Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and Sam's Club properties. Mr. Rumpf reported the annexation continues to move forward jointly for over 40 acres including the Sam's Club properties and Palm Beach Memorial Park. A resolution would be needed to cover an interlocal agreement with Palm Beach County relating to the State law of annexation requiring compactness. There is a pocket created that could only be accessed through a shared drive with Sam's Club that can only be annexed once it becomes contiguous to the City boundaries. It includes a hotel and restaurants. Mr. Rumpf indicated the expansion of utilities and a billboard to the cemetery property and a fuel pump operation for Sam's Club are part of the annexation agreements and may be amendments to the settlement. X. FUTURE AGENDA ITEMS: A. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum (Deferred pending future grant opportunities) 23 367 of 432 6. F CONSENT AGENDA December 1, 2009 u CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 1, 2009 NATURE OF AGENDA ITEM ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ CITY MANAGER'S REPORT ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL CODE COMPLIANCE & LEGAL ❑ SETTLEMENTS ❑ UNFINISHED BUSINESS ❑ PUBLIC HEARING ❑ FUTURE AGENDA ITEMS ❑ IOPENINGS ❑ I OTHER REQUESTED ACTION BY CITY COMMISSION: Approve submittal of a "Revolving Energy Fund for Municipal Facilities" project to the Department of Energy for the Energy Efficiency Conservation Strategy (EECS) and remaining award of the Energy Efficiency Conservation Block Grant (EECBG) ExPLANATION OF REQUEST: Camp Dresser & McKee, Inc (CDM) has completed their evaluation of projects for submittal to the Department of Energy for the Energy Efficiency Conservation Block Grant. An energy retrofit for the Ezell Hester Community Center located at 1901 N. Seacrest Blvd. in Boynton Beach will be the first project undertaken with funding from the EECBG. The Ezell Hester Community Center was chosen as the first municipal facility for energy retrofit because the project is "shovel ready." An energy audit had been previously completed by FPL and staff had already researched preliminary costs for ballfield lighting replacement and specified internal retrofits. Working with staff and in partnership with FPL, CDM will complete the final cost analysis and the project submittal application to the Department of Energy no later than January 4, 2009, in order to receive the additional remaining funding of $408,900. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will entail replacement of the outdoor lighting at the football, basketball, handball, tennis and baseball fields, and at the park area adjacent to the tennis courts. Also, partnering with FPL, we would be able to retrofit internal lighting, add window tinting, and reflective roofing. FPL will match up to $8,000 for the cost of the reflective roofing. MUSCO is a sole source vendor for energy efficient outdoor lighting of this kind. MUSCO lighting was used to replace the baseball field lights at Little League field. Energy cost saving for the outdoor lighting alone is expected to be 20%. By -59- 368 of 432 establishing the Revolving Energy Fund, the energy savings would go into a special account where the funds could then be used to retrofit other city facilities over the course of time. Facilities staff will be working with FPL to conduct energy audits on other city facilities in order to prioritize those facilities based on energy savings and need. FISCAL IMPACT: Our total allotment from the Department of Energy for the EECBG will include replacement of the outdoor lighting with MUSCO energy efficient lighting will cost $325,000 with an anticipated energy savings of 20%. $75,000 will go to internal administrative costs for reporting and accounting functions. $195,000 pays for our current contract with CDM and the balance of $63,000 will go to retrofits for the building. ALTERNATIVES: Not to approve the suggested project for submittal and run the risk of losing the grant funding. -60- 369 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL December 1, 20Q9 E. Approve expenditure of $27,506.85 for annual renewal of Grants Network Master License and Service Agreement with eCivis. F. Approve submittal of a 'Revolving Energy Fund for Municipal Facilities" project to the Department of Energy for the Energy Efficiency Conservation Strategy (EECS) and remaining award of the Energy Efficiency Conservation Block Grant (EECBG) Commissioner Ross pulled Item 6.F for discussion. Motion Vice Mayor Hay moved to approve the Consent Agenda with the exception of Item 6.F. Commissioner Rodriguez seconded the motion. The motion passed unanimously. 6.F. Approve submittal of a 'Revolving Energy Fund for Municipal Facilities" project to the Department of Energy for the Energy Efficiency Conservation Strategy (EECS) and remaining award of the Energy Efficiency Conservation Block Grant (EECBG) Commissioner Ross had pulled the item for a presentation by Patrick Gleason from CDM. Carisse LeJeune, Assistant to the City Manager, presented to Commissioner Ross, on behalf of -the Boynton Beach Community Alliance, a certificate of appreciation for acting as liaison and for supporting the efforts of creating a more sustainable City of Boynton Beach. Commissioner Ross noted it was an important. issue for her as she campaigned and it meant a great deal to her to see the progress that has been made in making the City a "green" commuhity. Patrick Gleason, CDM representative, spoke on the Energy Efficiency Conservation Block Grant and development of the strategy for the Climate Action Plan. There are three components; the development of the strategy, green house gas emission inventory and then the climate action plan. The City received $250,000 and the purpose is to assure receipt of the remaining $408,000 from the Federal government. The current focus would be the Energy Efficiency Conservation Block Grant and the recommendationsfor funding. The recommendations were $75,000 slated for administration, $250,000 for a municipal revolving energy loan fund. The current plan is to install energy efficient lighting for the Hester Center Community Park. The savings from any improvements will replenish the revolving energy loan funds for future use. Then, $63,000 would be to cover the cost of developing the overall strategy and the development of a cap. Most of the funds would be used for interior energy improvements. The cost analysis would need to be submitted by the City to assure obtaining the $408,000. 10 370 of 432 Meeting Minutes Regular City Commission Boynton Beach, FL December 1. 2009 Motion Commissioner Ross moved to approve submittal of a 'Revolving Energy Fund for Municipal Facilities" project to the Department of Energy for the Energy Efficiency Conservation Strategy (EECS) and remaining award of the Energy Efficiency Conservation Block Grant (EECBG). Vice Mayor Hay seconded the motion. Mr. Bressner was hoping the light poles could be replaced for hurricane protection to category five. Mr. Gleason noted the lighting would be provided from a sole source vendor that would not create a delay. Mayor Taylor questioned when the energy savings would break even with the cost of replacement. Mr. Gleason was not sure a ten year return would equal the cost, but greenhouse gas emissions would be reduced and energy credits would be earned. Attorney Cherof suggested further explanation be given on the $195,000 paid to CDM to fill out forms. Ms. LeJeune indicated the procurement bid process was followed and CDM was chosen and approved by the Commission. The motion passed unanimously. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Ratify or modify the decision of the Code Compliance Board to reduce the fine in Code Compliance Case 08-1695 (City of Boynton Beach vs. The Estate of Ann Woods Love). Scott Blasie, Code Compliance Administrator, explained the applicants had purchased the property at a tax sale and paid $15,000 in unpaid back taxes. Given the improvements made on the property and the fact the purchasers did not cause the liens to be assessed, the applicants requested the reduction. Commissioner Rodriguez was in favor of the private sector stepping in to take over foreclosed properties and improving them to further beautify the community. He supported lowering the fine to administrative costs to entice other private citizens to come forward and do the same thing. Mayor Taylor agreed and noted the idea of fines was to gain compliance of the violations. The applicants did an outstanding jab and have spent over $18,000 on the property. Commissioner Ross concurred. 11 371 of 432 11.A UNFINISHED BUSINESS February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ElANNOUNCEMENTS/PRESENTATIONS ® UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Review and discuss CRA rankings and appointment of seven member CRA Board. EXPLANATION OF REQUEST: At the January 18, 2011 City Commission meeting the Commission voted to move forward with submittal of their rankings of the ten CRA candidates that have been interviewed. The consensus of the Commission was to have each Commissioner submit their ranking form to the City Clerk's office by Tuesday, January 25, 2011. Staff was to tabulate the rankings and prepare an agenda item for the February 1, 2011 Commission meeting. A ranking summary is attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: n/a ALTERNATIVES: To be determined by the City Commission. 372 of 432 CRA Candidate Ranking Form 1/26/2011 Candidate Name: Mayor Rodriguez Vice Mayor Commr. Ross Hay Commr. Orlove Commr. Holzman (names listed alphabetically) James Buchanan NR 1 1 1 2 Edward Cairo NR 4 8 4 NR R. Reed Daniel NR 5 5 8 NR Michael Grosh NR 10 10 6 NR Nancy Hogan NR 7 6 3 3 Mark Kara eor e NR 3 2 2 1 Revia Lee NR 6 4 10 NR David Madigan NR 8 7 7 NR Martha Meeks -Light NR 2 3 5 NR Genevieve Morris NR 9 9 9 NR NR=No Rank 373 of 432 12. A NEW BUSINESS February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE ® NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Consideration of request by Lake Worth Christian School to hold 2nd annual fundraising carnival on school campus - Applicant: Jim Adams for LWCS EXPLANATION OF REQUEST: Lake Worth Christian School is scheduled to hold its school festival March 10th through March 12th, and again has submitted an application for special events approval for a carnival. This non-profit entity is planning to host its second annual carnival on the school campus located at 7592 High Ridge Road, again for fund-raising purposes. Their first event was approved by the Commission last year (on February 9, 2010) and held March 11th through March 13th. Similar to last year, the event would include amusement rides, and vendors and concession sales provided by Premium Entertainment (see attached special events application). The special events review and approval process is ordinarily an administrative process; however, this request is again being forwarded to the Commission for ultimate action given the strict regulations of carnivals and like uses categorized as outdoor entertainment in the Land Development Regulations (LDR). It should be noted that the LDR regulates such outdoor activities as principal uses, and does include provisions for them as temporary special events. Such principal or "permanent" uses are regulated as conditional uses and limited to the C-3, Community Commercial and Planned Commercial Development (PCD) zoning districts. The application was submitted in advance of the 30 -day processing deadline. It should be noted that there was only one complaint recorded during last year's event, which apparently was attributed to the observed activity (i.e. drinking and public urination) of overnight carnival workers. Code Compliance staff followed-up with school officials, who committed to preventing such disturbances by any employees during subsequent events. Although this appears to be a minimal issue compared to the magnitude and characteristics of the event, the applicant 374 of 432 should provide the City with its strategy for preventing such problems if the carnival request is approved. Assuming that an acceptable explanation and assurance is provided, staff does not object to either the subject request, or the continued review of such requests by the Commission on a case-by-case review. Staff acknowledges that amendments to the LDR to accommodate such temporary uses on a city-wide basis could be problematic if the process does not adequately account for locational differences, varying site characteristics, and adjacent land uses. If based strictly on zoning, such regulations would likely exclude from eligibility such campuses as the subject school given its residential zoning and proximity to single-family homes. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: 1) Not approve subject request; or 2) in lieu of the current case-by-case review, direct staff to modify city regulations to establish a Commission -approved or administrative review process for temporary carnival events. 375 of 432 ('ll.TY OF BOYNTON BEACH APPLICATION FOR SPECIAL, EVENTS Page 1 of 3 Pease type information or print legibly in dark ink. Appiicat'ion must be filled out completely. A detailed site map shock 1ne all temporary structure locations (stages, restroorns, signage, tents, etc.) must be attached. Application fee must also be included when application is turned in to the Recreation and Parks Deparhnent, or it will not be reviewed. ER'ENT PROPOSAL��, fp� Name of Event t +A,e- �_,,-- '3 ,. 2/t'/jr.rt?;'€,:! cksoa', Dcuulcd description of the event ,�:)2I/t' p; a. P- t � i;9!•": ["'ti' ,, Requested location of event `yVA �-iza s'iA7,4c-Vy2!ii ✓V Alternate location of event V' Dares and times of the evens Date Day Begm End Ex. cut Day 1 's r�t ' trsu.tA �i? ❑ Ahl PM rs CZa ❑AM ®.PNt Evmt Da 2 p Day a Vit( p d 4 Lam_ ❑ AM _ PM- G0 AM ❑ I'M Event Day 3 _:s A. L _ !"r-4 d-°- ❑ AM PMy aL RAM [IPM - r, G Event Day 4 - ❑ AM ❑ PM [ AM ❑ PM Set up for event will begin on Breakdown will be complete by Alternate date for your event Z •. = f err;;` Date - ' Time )C? Date 1=_. • LIZ-, Tillie '.i(1 f0") Organizatiotr(s) Producittg Event: tt,, C p Name 4€$-.t' ah Name Address d Address T Citytom:"N tt''+'>.f ""a'•.e ON State lZ.ip -' 3 �11C)..`r State/Zip Phone . s (� ( �"-'„�°,,Y', _'j; Phone . 4 of full time staff members in the organization of full time staff members in the organization ff o€volunteers in the organization ',:Y?} '' 4 of volunteers in the organization Individual(s) Responsible: Name 75=.f,)`"i err Name p`� ,. ..,.........•.. ..•---..... Address ,..y .,d '��F"1 , 4' ''. �"rI� Address city ['—= t:>'Is`si:sif --d�t� 6`{ City state /Zip ¢=z^:_h ;:_,�-� CITY OF" UOYNYON BEACH APPLICATION FOR SPECIAL EVENTS Page 2 of 3 Pease list charges for participants and viewers bolow (admission, registration or entrance lees): Vendor Fees Number Cost Per Vendor Estimated Revenue Food Vendors $ $ ............_._._.— Art Vendors (other) $ $ Tickcis'R.ggistTiLV? Number Cost per listimatcd Revenue 1 icket/Rebtshaion Fee Adults°"„ J4t'- t:� 1L'.� 0, $ $ Children ' `..+'-�e sli: ? 7" -_":^'; 75 � $ Seniors I law will these revenues he utilized? If the proceeds ul: the rcq ucsted even at intended for an organization oVi of than the atytlicant, picase provide the inliunta lion: Benefiting organization: Address: Contact Person: 'Terms of Agreement: Total Estimated Donation: $ Event logistics Will your event require road closure? ❑ YRS L.RNO A »rap ofthis area must he attached City/,State/Lip: Phone: if yes. please describe requested streets qiik.imes below: Does the pro-- esed area include fenced areas'? ❑ YES [5dNO Ifges, clearly indicate the exact areas Co be fenced on the matt. There are specific requirements regarding fimci ng on cin- property. WiTI event require (ho use of olectricity? ❑ YL's X NO Location: Events requiring electricity must hire an electrician, licensed in the City of 3oynton Beach. (Please show locations on map) Name of I1ectriclan Company Name Phone A: The event promoter is responsible for clean-up of all event sizes. The City of Boynton Beach wi`l provide dunpsters for your event at Your request all dumping fees will he charmed to the promoter by the city. I.f e,ent site is not cleaned thoroughly, a clean-up charge will he assessed. Who will provide clean-up, service during and after the event`.) Company: a® 'T° -i. .0 aiP t r_,,Sh/tL% d' a-#i#:'L't Phone #: Number of a7+d sizes of Location (please show on mapr dunpsters needed: Number of temporary restroom facilities being placed: (the minimum number of facilities sltould be one pier 75 persons. Pleasc show locations on site trap) Will music be provided? ❑ YES 9NO Number of loud speakers: DATE T MF!]F,„P,AY NOAMPLIFIED MUSIC /'F'.Ti_..._,_.'.........._......................---.....--- kAf. T'l"did AFC:/A'Y d+q d2zYS,. Will food and/or beverages be served'? N YES ❑ NO If yes: Please provide detailed information an the site man, i.e. how food will be served., if propane tank, size of tank, etc. 1.0 377 of 432 TYPE OF MI i ; CITY Ole BOYNTO.N BEACH APPLICATION FOR SPECIAL EE'ENTS Page 3 af3 Are you utilizing public u•ansportation7 ❑ YES KNO How? Please explain. Are you proposing to use Fmew,..,.„..,...,., -""011r eV a Y I P g 'rn'kc ar yam• evvni:' ❑ YES --......., �........_....._----- . NO Separate permit required 1rocn the Fire I Iarshal (Indicate their location an site map) Are you proposing to place signs or erect banners? ❑ YES M�NO (Fndicate their location on site map) Wi€1 any temporary structures be erected (stages, tents, ticket booths, etc?'I ElYES Lj�NO (Indicate their locations on site map) CFRTTFICATF', PROVIDED W2L the event have any vendors or concession sales? t! -YES ❑ NO Please indicate Will LP gas be used? ❑ YES %NO Please provide (inspection of TY gas tanks will be conducted) size (io 4's) and mmnbcr of tanks _.... 4L'ilf Che event inoludc =unuscmcnt ridcs7 �, Y'Fti❑ NO If es., company JJ providingequipmentthew'+• •' �'' `” �(`/yf�'_r What amusement rides are planned? (All amuscmemt rides must he approved by the State. Please imhuatc onsite map) 6i /111 �9pj�y�➢f��A 1,4123 atm'e Date Please enclose the appropriate non-refundable application fee payable to The City of Boynton Beach Recreation and Paries Department P.G. Box 310, 100 E. Boynton Beach Blvd. Boynton Beach, PL 3342-5-0310 FOR STAFF ICSF, ONLY DATZ APPLICATIONRL(Ti V ED ❑ SITE MAP "AILS LAX CER'1'1F1CA FE 'INSURANCE TULIP CFRTTFICATF', PROVIDED C APPLICATION FEE RECEIVED: AMOCrN=T: $ CHECK4: NAME ON CHECK: DATE; APPROVALS: PL.�.NNING & ZONING DIVISION III !f I.DIN(i DIVISION FIRE DEPARTMENT POLICE DEPARTMENT RISK MANA6EMEN'I SIGNATURE DATE SIL,'NATUR DA'Z'E SICiNATURP• DA 11 SIGNATURE SIGNATURE RECREATION AND PARKS DEPARIMYNT SK NATURE 378 of 432 DATE DATE DATE DR -14 R 04/07, IS8,11--d PUMIJ!Mt to ChaPter 2126 Florida Statutes 10107108 86-80126726840-1 10/03/2006 j I IiY31/2013 This certifies that LAKE WORTH CHRISTIAN SCHOOL SOCIETY INC 7592 HIGH RIDGE RD BOYNTON BEACH FL 33426-9320 is Px(ImPtlMM the Payment of Florida sans and use tax on real properly rented, 1,varisient' personal property purchased or rented, or services purchased. DR -14 R, 04105 C+ REVENUE You must provide all vendors and suppliers with an exemption certificate before rnak�ig tax-exempt purchases. See Rule 1 RA -1 .03ar Florida Administrative Code (FAC). 2- Your Consumer's Ceivflcate of Exemption is to be used solely by your organization for your organization's (rL;Atomary nNiprofft activities. 3. Flu rchases made by an individual on behalf of the organization are taxable, even it th e indivichm 1 will be reimbursed by the organizallon. 4-1his exemption applies only to purchases your organization makes. The sale or lease to others by your organizatbri, oftangilbla personal property, bleeping accommodations or ofl-ler real property is taxable. Your organization must register, and Collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except wt,.en they are the lessor of raw- property lRule 12A-11,070, FAC). 5. It is a criminal offense to fraudArdiy presBriz this certificate to evade the payment of , sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators Will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subiect to Conviction of a third degree felony. Any violation MH neces8ltme the revocation of chis certificate. 6. It you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850-487,4130, Th -3 mailing address S FO BOX 6480, Tallehassee, FL 32314-8480. 379 of 432 ' I I %3ldQ3 3Il31Hitl tl'dS619i1tl1Stlii3® ale ICK � u- W -F 'n A7Fl3ePo1� I I .—� 380 of 432 ( 00 w f s J t ` F— wh p CL n - G®U) I I rr F r_i `— O r, X71 d �F— o f �il`�, , f a x. -. a 1 4 i s 3 i tuc P..a VV. RAILRjAJ IPACK'. 380 of 432 12. B NEW BUSINESS February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE ® NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Discussion regarding establishing a Special Events Advisory Board for the City EXPLANATION OF REQUEST: Mayor Jose Rodriguez has requested that this item be placed on the February 1, 2011 City Commission agenda to discuss establishing a Special Events Advisory Board for the city. This board would make recommendations on annual events, along with budgeting and planning. It would also bring focus, central management and planning discussions to special events, allowing citizens to participate and be involved. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not to allow discussion 381 of 432 13. A LEGAL February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE F-1NEW BUSINESS ❑ CONSENT AGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 11-003 - FIRST READING - Approve revision of Chapter 15-8 titled "Noise Control" (Exhibit "A") EXPLANATION OF REQUEST: Staff developed revisions to our existing noise regulations to coincide with our proposed Live Entertainment Ordinance in an effort to better address recent trending towards mixed use environments and in response to concerns expressed to staff by both the business and residential communities. You'll note the primary amendments to this Ordinance involve modification to the definition of weekdays and weekends as well as modification to the times subject to decibel measurement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact either way on City programs or services as we expect to continue to periodically respond to noise related complaints. FISCAL IMPACT: No impact. ALTERNATIVES: Modify the proposed language or continue with the existing regulations 382 of 432 ORDINANCE NO. I I - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CITY OF BOYNTON BEACH CODE OF ORDINANCES CHAPTER 15, "OFFENSES — MISCELLANEOUS", ARTICLE I, "IN GENERAL", GH 15-10.7: TO MODIFY THE SECTIONS 15-8 THROU DEFINITION OF WEEKDAYS AND WEEKENDS AS WELL AS MODIFY THE TIMES SUBJECT TO DECIBEL LEVEL MEASUREMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the City's Code of Ordinances to better address recent trending towards mixed use environments and in response to concerns expressed by both the business and residential communities: and WHEREAS, by amending the City's Noise Control Ordinance, the City Commission recognizes the need to allow for live entertainment in commercial areas, including mixed use developments, so long as there are no adverse impacts to adjacent residential uses; and WHEREAS, the amendments to the noise control and sound control sections of the City of Boynton Beach's Code of Ordinances are in the best interest of the health, safety, and welfare of the residents, citizens, and businesses witlun the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 15, "Offenses - Miscellaneous", Article I, "In General", Sections 15-8 through 15-10.7 of the City of Boynton Beach Code of Ordinances be, and the same are hereby amended as attached hereto and incorporated herein as Exhibit "A". Section 3. 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. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. 383 of 432 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. Authoritv is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this day of 2011. SECOND, FINAL READING AND PASSAGE this day of 2011. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jose Rodriguez Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay ATTEST: Commissioner- Steven Holzman Janet M. Prainito, MMC City Clerk (Corporate Seal) 384 of 432 Exhibit A Sec. 15-8. Noise control -Short title. Sections 15-8 through 15-8.8 shall be known and may be cited by the short title of "City of Boynton Beach Noise Control Ordinance." Sec. 15-8.1. Same -Purpose and space. It is the purpose of sections 15-8 through 15-8.8 to prevent, prohibit and provide for the abatement of excessive and unnecessary noise which may injure the health or welfare or degrade the quality of life of the citizens and residents of the City of Boynton Beach. This section shall apply to the control of all sound originating within the limits of this jurisdiction. Sec. 15-8.2. Same -Terminology and standards. All terminology used in this section shall be as defined herein or, if not defined, given plain meaning by reference to common dictionary definition. When interpretation is required by reference to a source more definitive than this code or a dictionary, reference shall first be made to publications of the American National Standards Institute (ANSI): A -weighted sound level. The sound pressure level in decibels as measured on a sound level meter using the A -weighted network. The level so read is designated dBA. Apparentproperty line. The line along the surface, and its vertical plane extension, w1iich separates one lot or parcel of property from another. Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or on public or private right-of-way, structures, utilities or similar property, and excluding well pointing. Decibel (dB). A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micro -newtons per square meter). Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property. Emergency. Anv occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate action. Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. Impidse noise. A discrete noise or series of such noises of short duration (generally less than one (1) second) in which the sound pressure level rises very quickly to a high before decaying to the background level. Ll0 sowed level. The sound level exceeded for more than ten (10) per cent of a measurement period which for the purposes of sections 15-8 through 15-8.8 shall not be less than ten (10) minutes. Hotorboat Any boat or vessel propelled or powered by machinery whether or not such machinery is the principal source of propulsion; including but not limited to boats, barges, amphibious craft, water-ski towing devices, jet skis and hover craft. 385 of 432 _1=1111tifalnily dwelling. A building or other shelter that has been divided into separate units to house more than one (1) family. Holiday. Those annual holidays designated in 5 U.S.C. 6103 to include additional days of a celebratory nature, more specifically: New Year's Eve, Cinco De Mayo and St. Patrick's Day Poise. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. _Voise disoirbance. Any sound in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unnecessarily interfere with the enjoyment of life or property, including outdoor recreation, of a reasonable person with normal sensitivities. _Voise sensitive zone. Existing quiet zones until designated otherwise by a competent authority. Noise sensitive activities include but are not limited to operations of schools, libraries open to public, churches, hospitals and nursing homes. Person. Any individual, association, partnership or corporation, and includes any officer, employee, department agency, or instrumentality of the United States, a state or any political subdivision of a state. Plainly audible. A sound which is capable of being heard by a human being without the assistance of a mechanical or electronic listening or amplifying device. Powered model vehicle. Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket. Public right-of-way. Anv street, avenue, boulevard, highway, sideivalk or alley or similar place normally accessible to the public which is owned or controlled by a governmental entity. Public space. Any real property or structures thereon normally accessible to the public. Piwe torn. Anv sound which can be distinctly heard as a single pitch or a set of single pitches. For the purpose of measurement, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third octave bands by five (5) dB for center frequencies of 500 Hz and above and by eight (8) dB for center frequencies between 160 and 400 Hz and by fifteen (15) dB for center frequencies less than or equal to 115 Hz. Real property line. An imaginary line along the surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, excluding intra -building real property divisions. Residential. An parcel of land whose use is designated to provide only permanent housing and excluding all tourist accommodations which includes but is not limited to hotels, motels, apartment hotels, etc. RI =IS sowed pressiwe. The square root of the time averaged square of the sound pressure. 386 of 432 SourrJ. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity and frequency. Sozirrd dzsoirbance. Any sound which is: (1) Plainly audible beyond a distance of tiventy five (25) feet or further from the apparent property line from which the sound emanates, in a single residential zoning district, or (2) Plainly audible in a divelling unit adjacent to the unit from which the sound emanates or is plainly audible twenty five feet (25) feet or further from the apparent property line from which the sound emanates, in multi -family residential zoning districts. (3) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from Which the sound emanates when the sound emanates in a commercial zoning district and is heard in a residential zoning district. For purpose of enforcement, it is not necessary to specifically identify the property line as would be depicted on a survey, rather an appro-ximation of the property line may be used taking into consideration physical landmarks such as fences, landscaping, setbacks, driveways, or ground treatment. Sozirrd level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B, or C as specified in American National Standards Institute specification for sound level meters, ANSI S1.4-1971, or in successor publications. If the weighing employed is not indicated, the A - weighting shall apply. Soiind level meter. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighing networks used to measure sound pressure levels. The output meter reads sound pressure levels when properly calibrated, and the instrument is of Type 2 or better, as specified in the American National Standards Institute Publication S1.4-1971, or its successor publications. Soiind pressiwe. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy. Soimd pressure level. Tss enty (20) times the logarithin to the base ten (10) of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals (21 106N/m2). The sound pressure level is denoted Lp or SPL and is e-xpressed in decibels. TF eekday. Anv Sunday through Thursday which is not a holiday as defined herein. TF'eelxnd. Any Friday or Saturday. See. 15-8.3. Same -Program administration. (a) The noise control program established by sections 15-8 through 15-8.8 shall be administered by the city manager, or his designee, of the City of Boynton Beach, Florida. (b) For the purposes of section 15-8.8 and its enforcement, municipal employees or officials engaged in the measurement of noise, assessing compliance with such sections, making recommendations for noise abatement, issuing noise violations citations, or giving evidence regarding 387 of 432 noise violations shall have received formalized training on these subjects from institutions or organizations of recognized ability and experience in environmental acoustics and noise control. See. 15-8.4. Same -Inspections. Upon presentation of proper credentials, the city manager or his designee, may enter and/or inspect anyprivate property, place, report or records at any time when granted permission by the owner, or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of sections 15-8 through 15-8.8 may exist. Such inspection may include administration of anv necessary tests. Sec. 15-8.5. Noise control—Prohibited acts. (a) Noise disturbances prohibited. No person shall unnecessarily make, continue or cause to be made or continued any noise disturbances. (b) Specific prohibitions. The following acts, and the causing or permitting thereof in such a manner as to create a noise disturbance across a residential or commercial real property line, or within a noise sensitive zone, or at anv time in violation of the provisions of section 15-8.8, are hereby declared to be a violation: (1) Radios, television sets, and similar devices. Operating, playing or permitting the operation or playing of any radio, television, or phonograph, which produces or reproduces sound either mechanically or electronically. (2) Loudspeakers. Using or operating for any purpose other than those activities specifically exempted in section 15-8.6(4) below, any loudspeaker, loudspeaker system or similar device, including sound emitting devices which may be physically attached to any motor vehicle. (3) Street sales. Offering for sale, selling or advertising for sale by shouting or outcry, anything within any area of the city. (4) Animals. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks or otherwise makes sounds which create a noise disturbance. (5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in such a maturer as to cause a noise disturbance. (6) Construction. Operating or causing the operation of any tools or equipment used in construction, drilling, excavation, clearing, repair, alteration or demolition work on weekdays during the times specified in section 15-8.8, or at any time during Sundays or legal holidays. (7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical equipment located on real property including HVAC equipment, motors, engines, pumps, compressors, fans, tools, machinery, and its component parts, or any other similar stationary mechanical devices and their component parts except as otherwise exempted in section 15-8.6(6). (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause a noise disturbance. 388 of 432 (c) Generators - exemption. Notwithstanding the foregoing prohibited acts, the use of gasoline or propane powered generators is permitted during periods of power outage following natural disasters and during periods of maintenance. Operation for purposes of maintenance of the generator shall only occur during daylight hours on weekdays and only for the minimum amount of time requited by the manufacturer. Any person using a generator, except during periods of power outage following natural disasters, is subject to the restrictions on noise generation as otherwise set forth in this chapter. See. 15-8.6. Same -Exemptions. The following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of section 15-8.5. (1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in Chapter 316, Florida Statutes, and applicable rules and regulations of the Department of Highw ay Safety and Motor Vehicles, provided however, that this exemption shall not apply to any sound emitting devices which may be attached to any motor vehicle as prohibited by section 15- 8.5(b)(2). (2) Aircraft and interstate railway and locomotives and cars. Noise generated by aircraft and interstate railway locomotives and cars are exempt from these provisions. (3) Emergency activities. Anv noise generated as a result of emergency work or for the purpose of alerting the public to the existence of an emergency situation. (4) Public speaking and assembly. Any noise generated by any noncommercial public speaking or public assembly activities conducted pursuant to lawful authority on any public space or right-of-way, including sporting events. (5) Domestic power tools and lawn maintenance equipment. Any noise generated by the operation and use of domestic power tools and lawn maintenance equipment. (6) Fixed mechanical equipment, noise generated by the operation and use of air conditioning units in residential districts. (7) Nonamplified solo musical instrument played by an individual within a private residence between the hours of 9:00 a.m. and 8:30 p.m. (8) Construction. The foregoing provisions of Section 15-8.5(a), (b) and subparagraph (6) of this Section shall not apply to municipal public works, emergency matters or matters having an effect on the public health, safety and welfare of the city in those zoning districts of commercial and industrial, and where the noise disturbance across a residential property line would not exceed those sound limits set forth in Section 15-8.8 of this Article. Sec. 15-8.7. Same -Penalty for violation. Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of sections 15-8 through 15-8.8 shall be guilty of a misdemeanor of the second degree, punishable by a fine and/or incarceration as provided by law. The City of Boynton Beach Code Compliance Board shall have the authority and jurisdiction to prosecute such offenses. Each day said violation continues shall be a separate offense. Sec. 15-8.8. Same -Sound levels by receiving land use. 389 of 432 (a) Sound limits established. No person shall operate or cause to be operated any source of sound as enumerated in section 15-8.5(b), and unless specifically exempted by section 15-8.6, in such a manner as to create an exterior or interior sound level of any origin which exceeds the limits set forth for the receiving land use category in question for more than ten (10) per cent of anv measurement period which shall not be less than ten (10) minutes when measured at or within the boundaries of a property or within the confines of a building within the receiving land use and as a result of a source of sound being located on some other property. (b) L10 sound level limits. Permissible sound levels for sounds transmitted to receiving land use areas shall not exceed the following limits for L10 sound levels as defined herein. For the purpose of these noise control provisions, such sound levels shall be determined using FAST meter responses: Receiving Land Use Time L10 Sound Level Category Limit (dB)A Exterior Residential 7:00 a.m. to 11:00 p.m. 60 Sunday through Thursday 7:00 a.m. to 12:00 a.m. Friday & Saturday and Holidays 11:00 p.m. to 7:00 a.m. 55 Sunday through Thursday 12:00 a.m. to 7:00 a.m. Friday & Saturday and Holidays Exterior Commercial At all times 65 Interior Residential 7:00 a.m. to 11:00 p.m. 50 Sunday through Thursday 7:00 a.m. to 12:00 a.m. Friday & Saturday and Holidays 11:00 p.m. to 7:00 a.m. 45 Sunday through Thursday 390 of 432 12:00 a.m. to 7:00 a.m. Friday & Saturday and Holidays Interior Commercial At all times 55 (c) Maximum sound level limits. The maximum sound level from any applicable sound sources shall not exceed the L 10 sound level limits by more than the values listed below: 10 (dB) A from 7:00 a.m. to 11:00 p.m. 5 (dB) A from 11:00 p.m. to 7:00 a.m. (d) Pure tone and impulse noise. For any source of sound which emits a pure tone or an impulse noise, as defined herein, the sound level limits for L10 and maximum sound levels shall be reduced by five (5) (dB) A. Sec. 15-9. Obstruction of passage'svays. It shall be unlawful for any person to place or erect, upon any public way or passageway to any building, an obstruction of any type, provided this section shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the purpose of safeguarding the public. Sec. 15-10. Sound control - Short title. This section shall be known and may be cited by the short title of "City of Boynton Beach Sound Control Ordinance." Sec. 15-10.1. Purpose. (a) It is the purpose of this section to preserve the peace and tranquility of residential neighborhoods by prohibiting excessively loud sound and by requiring abatement of excessively loud sound. (b) This section shall apply to the control of sound originating within the jurisdictional limits of the city without regard to the content, meaning, or message of the sound. It is the express intent that enforcement of these regulations shall be content neutral. (c) Please refer to Section 15-8.2 for any definitions applicable to this Section. Sec. 15-10.3. Administration. The sound control program established by this section shall be administered by the City Manager, or his designee, of the City of Boynton Beach, Florida. Sec. 15-10.4. Inspections. Upon presentation of proper credentials, the City Manager or his designee, may enter and/or inspect any private property, place, report or records at any time when granted permission by the owner, or by some other person with apparent authority to act for the owner. 391 of 432 Sec. 15-10.5. Prohibited acts. No person shall make, continue or cause to be made or continued any sound disturbances, as defined herein, between the hours of 11:00 p.m. and 7:00 a.m on weekdays and between the hours of 12:00 a.m. and 7:00 a.m. on weekends or holidays. Sec. 15-10.6. Exemptions. Sound emanating from the following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of section 15-10.5. (1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in F.S. Chapter 316, and applicable rules and regulations of the Department of Highway Safety and Motor Vehicles. (2) Aircraft and interstate railway and locomotives and rail cars. Sound generated by aircraft and interstate railway locomotives and rail cars. (3) Emergency activities. Any sound generated as a result of emergency work or for the purpose of alerting the public to the existence of an emergency situation. (4) Domestic power tools and lawn maintenance equipment. Any sound generated by the operation and use of domestic power tools and lawn maintenance equipment. (5) Sound generated by the operation and use of air conditioning units in residential districts. (6) Non -amplified solo musical instrument played by an individual within a private residence. Sec. 15-10.7. Enforcement and Penalty. (a) The City Code Enforcement Board shall have jurisdiction to hear and decide cases in which violations of this chapter are alleged; or (b) The city may enforce the provision of this Code by supplemental Code of Ordinance enforcement procedures as provided by F.S. Chapter 162, Part 2; or (c) The city may prosecute violations by issuance of notices to appear for violation of a City Ordinance, in which case, the penalty for a violation shall be as follows: (1) Fust violation - $50.00 (2) Second violation within twelve (12) months of adjudication of first violation - $100.00 (3) Third violation within eighteen (18) months of adjudication of first violation - $500.00 Each calendar day on which a violation exists shall constitute a separate violation for the purpose of determining the fine. (d) A violation of this Article may be prosecuted as a nuisance. The City Attorney may bring suit on behalf of the city, or any affected citizen may bring suit in his or her name against the person or persons causing or maintaining the violation, or against the owner/agent of the building or property on which the violation exists. Relief may be granted according to the terms and conditions of F.S. Chapter 60, entitled Abatement of Nuisances. 392 of 432 (e) Violations of this Article mays be enforceable bye arrest (t) For the purpose of this section, any person owning or having responsibility for management of a business premises, however temporarily, any performer or disc jockey producing sound upon any business premises, any person playing, producing or controlling music, or other sound, any person having control of the volume of music or sound, and the business as named on the business tax receipt where the music or sound is emanating may be jointly and severally liable for compliance with this Article and shall be responsible for any violations hereof. (g) No citation or notice to appear for a violation of this section shall be issued until a law enforcement officer or code enforcement officer has made contact with the owner, occupant or operator of the property from which the offending sound emanates to request abatement of the offending sound. When a request for abatement is made and the offending sound is not immediately abated, or if it resumes within ninety (90) minutes following initial abatement, or occurs again within three (3) days, a citation or notice to appear may issue without additional request for abatement. H', 1990, 900182 BB ORD Noise Ordnance Re, imons (2010) doe 393 of 432 13. B LEGAL February 1, 2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 1, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElADMINISTRATIVE F-1NEW BUSINESS ❑ CONSENT AGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 11-004 - FIRST READING - Approve an Ordinance titled "Live Entertainment Permits" EXPLANATION OF REQUEST: This Ordinance was presented to the City Commission at the meeting of August 3, 2010 at which time direction was given to staff to further review approaches used by neighboring communities, consider a reduction of fees associated with the approval process and consider administering the Ordinance on an administrative level with only appeals of revocations going before the City Commission. (August 3, 2010 minutes attached — (Exhibit "B") In an effort to address the concerns expressed at the August 3, 2010 City Commission meeting the committee conducted further research and review with the following results: The total costs of obtaining the Live Entertainment Permit have been reduced from $1,000.00 down to $200.00 The review and approval process will be performed at the staff level without need for City Commission review. Neither West Palm Beach or Delray Beach currently has processes or legislation that one would consider relevant to our proposal. Staff review of Ordinances of surrounding Cities included the recently adopted Code in Lake Worth and Jupiter as well as West Palm Beach and Delray Beach. The need for supplemental regulations over and above our decibel thresholds for sound emanating from establishments that have entertainment can best be explained as follows: 394 of 432 The Live Entertainment Permit review process affords staff the opportunity to proactively evaluate proposed venues for entertainment with consideration for levels of impact on neighboring properties. It also provides staff with an additional means by which it can determine whether a business is operating within the scope of what has been approved. Secondly, and perhaps most important is the fact legitimate measurement of noise levels of a specific noise source in an urban setting is next to impossible due to the ambient ("normal") sound levels for that particular area. In most cases attempts to measure sound levels in an environment of multiple venues and/or near major roadways are not considered valid by Acoustical Engineering Standards and therefore are not defensible in Court. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? It's anticipated the proposed Ordinance will assist staff in better monitoring those businesses that feature live entertainment and should serve to reduce the need for real time monitoring and call response by the Police Department and/or Code Compliance. FISCAL IMPACT: No significant fiscal impact will result from the adoption of these regulations. It's acknowledged there will be an increase in staff work initially as we review a number of submittals, but once approved the renewals will be automatic as is the case with Business Tax Receipts. ALTERNATIVES: Choose to modify the proposed legislation or continue using the regulations currently in place. 395 of 432 ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CITY OF BOYNTON BEACH CODE OF ORDINANCES BY ENACTING CHAPTER 13, ARTICLE III, "LIVE ENTERTAINMENT PERMITS", TO PROVIDE FOR THE PROCEDURES FOR ISSUING LIVE ENTERTAINMENT PERMITS, PUBLIC NOTICE AND HEARING: PROVIDE FOR CONDITIONS OF APPROVAL FOR LIVE ENTERTAINMENT PERMITS, REGULATION, AND PROCESS FOR REVOCATION: PROVIDING FOR ENFORCEMENT AND PENALTIES: PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the City's Code of Ordinances to provide for a mechanism to regulate the performance of live entertainment within commercial establishments located in the Citv in order to insure that the live entertainment is compatible with adjacent properties; and WHEREAS, by regulating the issuance of live entertainment permits, and amending the City's Noise Control Ordinance, the City Commission recognizes the need to allow for live entertainment in commercial areas, including mixed use developments, so long as there are no adverse impacts to adjacent residential uses; and WHEREAS, the implementation of the live entertainment permit process is in the best interest of the health, safety, and welfare of the residents, citizens, and businesses within the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 13 of the City of Boynton Beach Code of Ordinances be, and the same is herby amended by enacting a new Article III, entitled "Live Entertainment Permits," to read as follows: 13-80. Live Entertainment Permit: 396 of 432 (a) Live entertainment defined. "Live entertainment" means a use in conjunction with a restaurant, cocktail lounge or other similar establishment, wherein floorshows or other forms of entertainment consisting of 1 or more persons, amplified or non -amplified sound, are provided indoors or outdoors, including but not limited to entertainment provided by Disc Jockey, Master of Ceremonies, or Karaoke. (b) Time limits. Anv live entertainment permit granted by the Cite shall expire 12 months after the date of approval of such live entertainment permit and must be reneived in accordance with subsection (h) of this section. (c) Method of approval. A Live Entertainment Permit may be approved by the City after an application, as provided herein, has been processed by City staff. (d) Review and approval procedure. Live Entertainment Permit annlications shall be obtained from and filed with the Development Department, and may be initiated by the owner of the subject property or the owner's designated representative. All applications must be signed by the property owner. A complete application will be processed by the Development Department, which also consists of the required fee and necessary supportive materials, including the following: A site and/or floor elan_ indicating the location of the live entertainment. b. A summary of facts concerning the location and orientation of the live entertainment, including roposed days and hours of operation, description of proposed entertainment, description of premises where entertainment is proposed, number of entertainers, etc. c. A valid Business Tax Receipt. All businesses wishing to secure an Entertainment Permit must conform with all local Zoning requirements. (e) Non -transferable permit. A Live Entertainment Permit is valid only for a specific establishment at a specific location and is nontransferable to another establishment. If an establishment with a valid Live Entertainment Permit ceases operation at a specific location and another establishment begins operation at this location, the Live Entertainment Permit is nontransferable to the new establishment at the same location. In addition, if an establishment with a valid Live Entertainment Permit relocates, the permit is nontransferable to the new location. In both instances, a new Live Entertainment Permit application must be submitted for Citv Commission consideration. (I) Standard conditions of approval for all permits. The following are standard conditions for approval of all Live Entertainment Permits which are incorporated into the City Commission's approval of a Live Entertainment Permit application and made a part of the terms under which the Live Entertainment Permit is granted: (1) For indoor entertainment, all doors and windows shall remain closed during performances, with the exception of momentary use for ingress and egress. If doors and/or windows are opened during the performance, section (I)(2 ) is applicable. (2) Section 15-8 of the Citv's Code of Ordinances, Noise control -Short title: through Section 15-10.7, Enforcement and Penaltv, inclusive, pertaining to noise, shall apply to live entertainment, and all live entertainment shall be subiect to enforcement of the City's Noise Control Ordinance. 397 of 432 (3) Hours of outdoor amplified live entertainment at establishments with a residential unit or units within 100 feet of the site shall not extend beyond 11:00 p.m. Sunday through Thursday evenings and.12:00 a.m. on legal holidays as defined in the City’s Noise Control Ordinance, Friday and Saturday evenings. (g) Standards for review. In its deliberations concerning the granting of a Live Entertainment Permit, the City shall carefully consider the following guidelines and standards: (1) Ingress and egress to the subject property and use, with particular reference to automotive and pedestrian safety and convenience, traffic generation flow and control, and access in case of fire or catastrophe, shall be on substantially improved property and generally conform to current city regulations and not potentially detrimental to existing or anticipated uses in the vicinity and particularly not detrimental to property immediately adjacent to the subject site. (2) Off-street parking areas for the principal use shall be in conformance with applicable (e.g. parking space requirements) standards with respect to required parking, as well as be adequate and well-designed, and relate well, in terms of proximity, access and the like, to the intended entertainment to be serviced, with particular attention to the items listed in subsection (g)(1) of this section. Further, the smoke, noise, glare, dust, vibrations, fumes, pollution or odor effects related to the vehicular use area or the live entertainment shall not be detrimental to the adjoining properties in the general area. (3) Refuse and service areas, with particular reference to the items listed in subsections (g)(1) and (2) of this section, shall be adequately screened so as not to be visible from adjacent properties or a public right-of-way and shall be located in such a way as not to be a nuisance, by virtue of smoke, noise, glare and the like, to adjacent properties. (4) Utilities, whether public or private, shall be adequate and not detrimental with reference to location, availability, adequacy and compatibility. (5) Screening, buffering or separation of any nuisance or hazardous feature, with reference to type, dimensions and character, shall be fully and clearly represented on the submitted plans and shall be adequate to protect adjacent properties. This should include proposed strategies to mitigate sound levels at adjacent property lines and distances from the noise source(s) as enumerated in the City’s Noise Control Ordinance. (6) Proposed signs and exterior lighting shall be considered with reference to glare, traffic safety and compatibility and harmony with surrounding properties and shall be determined to be adequate, safe and not detrimental or a nuisance to adjacent properties. (7) The proposed live entertainment shall be compatible and appropriate with respect to adjacent properties and other property in the district and geographic area. (h) Permit renewal procedure. Live Entertainment Permits shall renew on an annual basis in conjunction with the Business Tax Receipt renewal effective October 1 of each year. Establishments with complaints that have been the subject of an Order issued by the City’s Code Compliance Board finding the establishment in violation of City Code, and/or findings by a Civil or Criminal Court of a violation of City Code or other applicable law(s) shall require annual City Commission approval prior to the renewal of the Live Entertainment Permit. Live Entertainment Permits not approved for renewal by City Commission will be prohibited from re-applying for a period of one (1) year. (i) Revocation of permits. The City Commission may revoke a previously approved Live Entertainment Permit upon making the following findings in a public hearing: (1) The operation of the live entertainment has resulted in the violation of a City ordinance, or any of the conditions of approval outlined in the approving Resolution, 398 of 432 Formatted: Underline Formatted: Underline Formatted: Font color: Auto Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic, Font color: Auto Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic, Font color: Auto including the standard conditions outlined in subsection (h) of this section., and that the City’s Code Compliance Board has found that a violation has occurred, and entered an order finding that such a violation has occurred pursuant to Chapter 2, Article V, of the City’s Code of Ordinances. In the event the City Commission revokes a Live Entertainment Permit, the City Commission shall not issue a new Live Entertainment Permit for the same location for a period of twelve (12) months from the date of revocation. In order to submit an application for a new Live Entertainment Permit, the location must not have been found in violation of any City code provisions within the twelve (12) month time period just prior to the date the application for a Live Entertainment Permit is submitted.. (j) The City Commission hereby establishes the following Live Entertainment Permit Application Fee, a Live Entertainment Permit Fee which is computed based upon the date of the Commission’s action approving the Application, and an Annual Live Entertainment Permit Renewal Fee: 1. Live Entertainment Permit Application Fee $150.00 2. Annual Live Entertainment Permit Renewal Fee $50.00 (k) Live entertainment without a City Live Entertainment Permit is prohibited and violations of these regulations may be enforced by the City as follows: (a) The City Code Compliance Board shall have jurisdiction to hear and decide cases in which violations of this Chapter are alleged, or (b) The City may enforce the provision of this Code by supplemental Code or Ordinance enforcement procedures as provided by Part 2 of Chapter 162, Florida Statutes, or (c) The City may prosecute violations of this Section by issuance of Notices to Appear for Formatted: Strikethrough violation of a City Ordinance, in which case, the penalty for a violation shall be as follows: (1) First violation - $100.00 (2) Second violation within twelve (12) months of adjudication of first violation - $150.00 (3) Third violation within eighteen (18) months of adjudication of first violation - $250.00 Each day on which a violation exists shall constitute a separate violation for the purpose of determining the fine, or (d) The City Attorney, with authorization from the City Commission, may bring suit on behalf of the City to enjoin any violation of this Ordinance. Section 3. 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. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. 399 of 432 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 _______________, 2011. SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ATTEST: _______________________________ Commissioner- Steven Holzman ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 400 of 432 401 of 432 402 of 432 403 of 432 13. C LEGAL February 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED ORDINANCE NO. 11-005 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve the appointing of seven members to the CRA Board ER: Florida Statute §163.356 and City Ordinance 09-030 require XPLANATION OF EQUEST formality in the appointment of the CRA Board Members. The City Commission had determined that it will select the new Board Members at the February 1, 2011 Commission meeting. The attached ordinance will officially appoint the selected individuals of the Board in advance of them taking office on March 8, 2011. H? No impact OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: No impact ISCAL MPACT A: None, this action is a ministerial result of the previous Commission to transition LTERNATIVES to a seven member appointed CRA Board. 404 of 432 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING SEVEN (7) MEMBERS TO THE BOYNTON BEACH COMMUNITY REDEVELOPMENT BOARD, ESTABLISHING TERMS OF APPOINTMENT, DESIGNATING A CHAIR AND VICE CHAIR, AND AN EFFECTIVE DATE. WHEREAS , the City of Boynton Beach has determined that it is in the best interests of the citizens and residents of the City to appoint a seven member Board of Commissioners of the Community Redevelopment Agency in lieu of the City Commission providing governance of the Agency; and WHEREAS, the City Commission has selected seven (7) individuals for appointment to the Community Redevelopment Agency Board; and WHEREAS, Florida Statute §163.356 requires appointment and designation of terms of office to be by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. 405 of 432 Section 2. The following individuals are hereby appointed to service on the Board of the Boynton Beach Community Redevelopment Agency for the term of office indicated next to their name: 6._____________________ 1 year Term 7._____________________ 2 year Term 8._____________________ 3 year Term 9._____________________ 4 year Term 10._____________________ 4 year Term 11._____________________ 4 year Term 12._____________________ 4 year Term Section 3. The City Commission hereby designates ___________________ as Chair of the Community Redevelopment Agency Board. Section 4. The City Commission hereby designates ____________________ as Vice Chair of the Community Redevelopment Agency Board. Section 5. This Ordinance shall be effective immediately after adoption. st FIRST READING this 1 day of February, 2011. 406 of 432 th SECOND, FINAL READING AND PASSAGE this 15 day of February, 2011. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jose Rodriguez _____________________________ Vice Mayor – Marlene Ross _____________________________ Commissioner – William Orlove _____________________________ Commissioner – Woodrow L. Hay _____________________________ Commissioner – Steven Holzman ATTEST: _______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) ___________________________________________________________________________ Notation: The terms of office of the commissioners shall be for 4 years, except that three of the members first appointed shall be designated to serve terms of 1, 2, and 3 years, respectively, from the date of their appointments, and all other members shall be designated to serve for terms of 4 years from the date of their appointments. F,S. 163.356(2) 407 of 432 13. D LEGAL February 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED ORDINANCE NO. 11-006 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve establishing an Historic Preservation Property Tax Exemption Program for the City of Boynton Beach ER: At its meeting of January 18, 2011 the City Commission directed XPLANATION OF EQUEST staff, pursuant to public testimony, to take steps to implement the recently adopted Historic Preservation Ordinance. This included implementation of the provision in the Ordinance which allows the City to create an Historic Preservation Property Tax Exemption Program as provided by Sections 196.1997 and 196.1998 Florida Statute (1992). The ad valorem tax exemption program established by Palm Beach County in 1995 (Ordinance 95-41) provides for the implementation of such a program through an inter-local agreement with the County and the adoption of a local Tax Abatement Exemption Ordinance that authorizes the granting of tax exemptions for qualified improvements to properties of recognized historic value. H? This is an additional tool to encourage OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES historic preservation and promote economic development in the City. FI: This will result in the near term loss of property tax revenue with the ISCAL MPACT expectation that the historic properties improved by the program will eventually increase in value thereby generating additional taxes in the long term. A: Do not establish an Historic Preservation Property Tax Exemption Program for LTERNATIVES the City. 408 of 432 ORDINANCE NO. 11-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III – LAND DEVELOPMENT REGULATIONS, CHAPTER 4 – SITE DEVELOPMENT STANDARDS, ARTICLE IX BUILDING, CONSTRUCTION AND HISTORIC PRESERVATION, SECTION 6 HISTORIC PRESERVATION REQUIREMENTS TO ADD A NEW SUBSECTION H 1A. TAX EXEMPTION FOR HISTORIC PROPERTIES; TO AUTHORIZE AD VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES; ESTABLISHING REQUIREMENTS AND PROCEDURES; DESIGNATING THE HISTORIC PRESERVATION PLANNER TO REVIEW APPLICATIONS AND THE HISTORIC PRESERVATION BOARD TO HEAR APPEALS AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION; ESTABLISHING PENALTIES; PROVIDING A CODIFICATION, SEVERABILITY AND CONFLICTS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS , the citizens of Florida amended the Florida Constitution, Article VII, Section 3(e), to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation or rehabilitation of the historic properties; and. WHEREAS , the Florida Legislature enacted Sections 196.1997 and 196.1998, Florida Statutes (1992), to govern the allowance of such exemptions; and WHEREAS , the City Commission desires to create a partial ad valorem tax exemption for qualifying improvements of historic properties as a means to encourage more restoration, renovation and rehabilitation of such properties and to stabilize and improve property values in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA that: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City’s Code of Ordinances, Part III – Land Development Regulations, Chapter 4 – Site Development Standards, Article IX – Building, Construction and Historic Preservation, 409 of 432 6 – Historic Preservation Requirements is amended to create add a new Subsection 6 H 1A : Tax Exemption for Historic Properties to read as follows: 1A . TAX EXEMPTION FOR HISTORIC PROPERTIES Definitions . (1) Alteration. Any construction or change of the exterior of a building, site or structure designated as a site or site within a district. For buildings, sites or structures, alteration shall include, but is not limited to, the changing of roofing or siding materials; changing, eliminating, or adding doors, moldings, fretwork, door frames, windows, window frames, shutters, fences, railings, porches, balconies, signs, or other ornamentation; regrading; fill; imploding or other use of dynamite. Alteration shall not include ordinary repair or maintenance, or changing of paint color. (2) Contributing property. A building, site, structure, or object which adds to the historical architectural qualities, historic associations, or archaeological values for which a district is significant because (a) it was present during the period of significance, and possesses historic integrity reflecting its character at that time, (b) is capable of yielding important information about the period, or (c) it independently meets the National Register of Historic Places criteria for evaluation set forth in 36 CFR Part 60.4, incorporated herein by reference. (3) National Register of Historic Places. The federal listing maintained by the United states Department of the Interior of Buildings, Sites, Structures and Districts that have attained a quality of significance as defined by the National Preservation Act of 1966, as amended. (4) Noncontributing property. A building, site, structure, or object which does not add to the historic architectural qualities, historic associations, or archaeological values for which a district is significant because (a) it was not present during the period of significance, (b) due to alterations, disturbances, additions, or other changes, it no longer possess historic integrity reflecting its character at that time or is incapable of yielding important information about the 410 of 432 period, or (c) it does not independently meet the National Register of Historic Places criteria for evaluation. (5) Notice. To an Interested Party, notice shall be by U.S. Mail and deemed given as of the date of mailing. For all other persons, notice shall be by publication. (6) Reconstruction. The act or process of reassembling, reproducing or replacing by new construction, the form, detail and appearance of a property and its setting as it appeared at a particular period of time by means of the removal of later work, or by replacement of missing earlier work or by reuse of original materials. (7) Rehabilitation. The act or process or returning a building, site or structure to a state of utility through repair, remodeling or alteration that makes possible an efficient contemporary use while preserving those portions or features of the building, site or structure that are significant to its historical, cultural, or architectural values. (8) Restoration. The act or process of accurately recovering the form and details of a building, site or structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work. Tax exemption for historic properties . (1) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated in herein. Qualifying property shall be exempt from that portion of ad valorem taxation levied by the City of Boynton Beach on 100 percent of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. (2) The above exemption does not apply to: (a) taxes levied for payment of bonds; (b) taxes authorized by a vote of the electors pursuant to section 9(b) or section 12, Article VII, of the Florida Constitution; or (c) personal property. 411 of 432 Duration of tax exemption . (1) The exemption period shall be for ten (10) years, beginning January 1 of the year following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a lesser term if requested by the property owner in its original application and covenant. (2) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption, must be maintained in their historic state over the period for which the exemption was granted. Effective date of exemption . The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved, have been transmitted to the Palm Beach County Property Appraiser. Qualifying properties and improvements . (1) The following real property in the City is qualifying property for the purposes of this ordinance if at the time the exemption is approved by the City Commission, the property: (a) is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended, or (b) is a contributing property to a national register-listed district; or (c) is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and (d) has been certified by the Historic Preservation Board as satisfying (1)(a),(b)or(c)above. 412 of 432 (2) For an improvement to a historic property to qualify the property for an exemption, the improvement must: (a) be consistent with the United states Secretary of Interior's Standards for Rehabilitation, as amended, (b) be determined by the Historic Preservation Board to meet criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC lA- 38, as amended, and (c) be consistent with any ordinance of the city designating the property as historic or designating the historic district in which the property is located. Evaluation of property used for government or nonprofit purpose . (1) For purposes of the exemption under section 196.1998, Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or a' local government unit or a nonprofit organization certified by the Department of State under section 617.013, Florida Statutes. (2) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. Application for exemption; fees . Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must file a written application and an application fee of $250.00 for the property tax exemption with the Department of Planning, Zoning and Building. The application shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the state of Florida, Division of Historical Resources and promulgated in accordance with Rule 1A-38, Florida Administrative Code, and 413 of 432 include additional information and documentation of the cost of the qualifying improvement. Part 1 of the application, the Preconstruction Application, shall be submitted before qualifying improvements are initiated and Part 2, the Final Application/ Request for Review of Completed Work, shall be submitted upon completion of the qualifying improvements to the Department of planning, Zoning and Building for the purpose of review. The Final Application/Request for Review of completed Work shall contain the Historic Preservation Exemption Covenant, as provided for herein. Preconstruction Application. A Preconstruction Application shall be filed with the Department of Planning, Zoning and Building before the qualifying project is initiated. The Preconstruction Application shall also contain information concerning the proposed cost of the qualifying improvement and be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property. Upon the receipt of the Preconstruction Application by the Department of Planning, Zoning and Building, the Historic Preservation Planner shall conduct a review to determine whether the property for which an exemption is requested satisfies the requirements stated herein. Review of Preconstruction Application . A review of the preconstruction Application shall be completed by the Historic Preservation Planner within sixty (60) days of the receipt of the completed Preconstruction Application. (1) If the Historic Preservation Planner determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained herein, the Preconstruction Application shall be approved by the Historic Preservation Planner and issued in writing to the applicant with a copy to the Historic Preservation Board. (2) If the Historic Preservation Planner determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained herein, the 414 of 432 applicant shall be so advised in writing, and the Historic Preservation Planner shall make recommendations to the applicant concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. The applicant shall have fourteen (14) days following receipt of a written summary of the recommendations of the Historic Preservation Planner to resubmit the Preconstruction Application. This time period may be extended for an additional fourteen (14) days by the Historic Preservation Planner if difficulties make it impossible for the applicant to revise the Preconstruction Application within the fourteen (14) days. Issuance of other permits or approval . If all or part of the proposed improvements require a building permit or other necessary approval of the City or any other governmental agency, the improvements shall also be reviewed pursuant to any other applicable code provisions of the City and require such agency's approval. A Preconstruction Application shall not be approved by the Historic Preservation Planner and issued until such permit or other approval has been completed. No certificate of occupancy or approval shall be issued by the City until the Final Application has been approved by the City commission and all appeal proceedings have been completed. Final Application/Request for Review of Completed Work . (1) The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total cost of the qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills, cancelled checks, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documents, the Historic Preservation Planner shall conduct a review to determine whether or not the completed improvements are in compliance with the work described in the Preconstruction Application, 415 of 432 approved amendments, if any, and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. (2) If the Historic Preservation Planner determines that the work is' a qualifying improvement and is in compliance with the review standards contained in herein, the Final Application/Request for Review of Completed Work shall be approved and issued in writing to the applicant with a copy to the Historic Preservation Board. The City reserves the right to inspect the completed work to verify such compliance. The review of the Historic Preservation Planner shall be completed within thirty (30) days of the receipt of the Final Application/Request for Review of Completed Work. (3) If the Historic Preservation Planner determines that the work as completed is either not a qualifying improvement or is not in compliance with the review standards contained herein the applicant shall be advised that the Final Application has been denied. Such denial shall be in writing and provide a written summary of the reasons for the determination, including recommendations to the applicant concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. Recommendations to Historic Preservation Board and City Commission . On completion of the review of' a Final Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in. a regularly scheduled, meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption. The recommendation, and the reasons therefore, shall be provided in writing to the applicant and the Historic Preservation Board for consideration at a public meeting. After the above public hearing, the Historic Preservation Board shall recommend that the City Commission grant or, deny the exemption. Appeals to the Historic Preservation Board . 416 of 432 (1) Within ten (10) days of receipt of notice that the Historic Preservation Planner has denied a Part I, Preconstruction Application, or a Part 2, Final Application/Request for Review of completed Work, the applicant may file an appeal of the denial to the Historic Preservation Board. The appeal shall be filed on a form prepared by the Department of Planning, Zoning and Building. (2) A public hearing shall be held and notice provided to the applicant. The standards of review as provided herein shall be the criteria applied by the Historical Preservation Board in hearing the appeal. (3) At least fourteen (14) days before the public hearing on an appeal, written notice of the public hearing shall be provided to all owners of neighboring property and a sign shall be posted in the front yard of the property notifying the public of the meeting at which the appeal will be heard. (4) If the Historic Preservation Board approves the Final Application/Request for Review of Completed Work, the application shall be submitted for approval by the City Commission. If the Historic Preservation Board denies the appeal, the applicant may appeal the decision to the City Commission. Approval by the City Commission . Upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City commission for approval. The resolution of the City Commission approving the Final Application shall provide the name of the owner of the property, the property address and legal description, require the owner to record the restrictive covenant as provided herein in the official records of Palm Beach county as a condition of receiving the exemption, the period of time the exemption will remain in effect, and the expiration date of the exemption. Historic Preservation Exemption Covenant . 417 of 432 To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant shall be in a form as established by the Department of State, Division of Historical Resources and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212.12(3), Florida statutes. Completion of Work. An applicant must complete all work within two (2) years following the date of approval of a Part 1, Preconstruction Application by the Historic Preservation Planner or Historic Preservation Board. A Preconstruction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the Preconstruction Application. The Historic Preservation Board, upon the recommendation of the Historic Preservation Planner, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. Notice of approval to the property appraiser. 418 of 432 Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planner, the Preservation Planner shall transmit a copy of the approved Final Application/Request for Review of Completed Work, the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. Revocation proceedings . (1) The Historic Preservation Planner or the Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and (2) The Historic Preservation Board shall provide notice to the current owner of record of the property and hold a revocation public hearing, and make a recommendation to the City Commission. (3) The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determined that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided herein shall be provided to the owner, the Palm Beach County Property Appraiser and filed in the official records of Palm Beach County. (4) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1 of the year following receipt of the notice of revocation. Notice of penalties. The resolution revoking the tax exemption shall include a statement that a penalty equal to the total amount of taxes that would have been due in March of each of the previous years in which the tax exemption and covenant were in effect had the property not received the 419 of 432 exemption, less the amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Section 212.12, Florida Statutes shall be imposed by the Palm Beach County Tax Collector for violation of the terms, conditions and standards of the Historic Preservation Exemption Covenant. Annual Report . The Historic Preservation Planner shall prepare an annual report to the City Commission regarding the tax exemption proposed in this article. The report shall be filed in January of each calendar year, and shall summarize the activities of the Historic Preservation Planner and Historic Preservation Board related to this article during the previous calendar year. The information shall include, but not be limited to, a list of the properties for which a Part 1, Preconstruction Application, and Part 2, Final Application/Request for Review of Completed Work were made during the preceding year; an explanation of the disposition of each application; the expenditures on each approved qualifying improvement during the calendar year; the total number of properties currently participating in the program provided within this article; and any other information requested by the City Commission. Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provision of this ordinance are hereby repealed. Section 4. 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 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. st FIRST READING this 1 day of February, 2011. 420 of 432 th SECOND, FINAL READING AND PASSAGE this 15 day of February, 2011. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jose Rodriguez _____________________________ Vice Mayor – Marlene Ross _____________________________ Commissioner – William Orlove _____________________________ Commissioner – Woodrow L. Hay _____________________________ Commissioner – Steven Holzman ATTEST: _______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 421 of 432 13. E LEGAL February 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED ORDINANCE NO. 11-007 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Amend Land Development Regulations Chapter 1, Article VII Administrative and Decision Making Bodies, Section 4. Historic Resources Preservation Board, paragraph B. Establishment, Composition and Terms, revising the second sentence stating that “Members need not reside or have a principal place of business in the City” ER: At its meeting of January 18, 2011, the City Commission determined, by XPLANATION OF EQUEST consensus, that they did not wish to restrict membership on the Historic Resources Preservation Board to city residents. The prevailing view was that in order to insure that the board attracted persons with the requisite skills and expertise in historic preservation it would be desirable to open its membership to non –residents. The new language to address the composition of the Historic Resources Preservation Board is as follows: B. Establishment, Composition and Terms. The Historic Resources Preservation Board shall consist of seven (7) members and two (2) alternate members who shall be appointed by the City Commission. Members need not be residents or owners of businesses that are within the City, but preference shall be given to individuals who reside or have a Deleted: shall principal place of business in the City. A minimum of two (2) members shall be chosen from among the disciplines of architecture, history, architectural history, archaeology, landscape architecture or planning. A minimum of three (3) additional members of the Board shall be experienced in the areas of commercial development, real estate, banking or law. The two (2) remaining members shall be citizen members at large. The two (2) alternate members shall be from any of the foregoing professions or citizen members at large. All members shall have demonstrated a special interest, experience or knowledge in historic preservation or closely related disciplines. 422 of 432 Members of the Board shall serve three (3) year terms. Of the initial appointments, four (4) members shall be appointed for a term of three (3) years and three (3) members shall be appointed for a term of two (2) years. Alternate members shall be appointed for a term of two (2) years. Vacancies on the Board, including expired terms shall be filled by persons with the same background as the original appointee, or related field, in order to maintain the desired Board makeup. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Retain the existing residency requirement. LTERNATIVES 423 of 432 ORDINANCE 11-____ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III, LAND DEVELOPMENT REGULATIONS, CHAPTER 1, “GENERAL ADMINISTRATION”, ARTICLE VII, “ADMINISTRATIVE AND DECISION MAKING BODIES”, SECTION 4, ‘HISTORIC RESOURCES PRESERVATION BOARD”, SUB-SECTION B. “ESTABLISHMENT, COMPOSITION AND TERMS” REVISING THE RESIDENCY REQUIREMENTS FOR BOARD MEMBERS; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, at the Commission meeting of January 18, 2011, the City Commission determined that in order to insure the Historic Resources Preservation Board attracted persons with requisite skills and expertise in historic preservation they did not want to restrict membership on the Board to City residents or business owners; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. That Part III, "Land Development Regulations",Chapter 1, “General Administration”, Article VII, “Administrative And Decision Making Bodies”, Section 4, ‘Historic Resources Preservation Board”, Sub-Section B. “Establishment, Composition And Terms” of the Code of Ordinances of the City of Boynton Beach is hereby amended as follows: B. Establishment, Composition and Terms. The Historic Resources Preservation Board shall consist of seven (7) members and two (2) alternate members who shall be appointed by the City Commission. Members need not be residents or owners of businesses that are within the City, but preference shall be given to individuals who reside or Deleted: shall have a principal place of business in the City. A minimum of two (2) members shall be chosen from among the disciplines of architecture, history, architectural history, archaeology, landscape architecture or planning. A minimum of three (3) additional members of the Board shall be experienced in the areas of commercial development, real estate, banking or law. The two (2) remaining members shall be citizen members at large. The two (2) alternate members shall be from any of the foregoing professions or citizen members at large. All members shall have demonstrated a special interest, experience or knowledge in historic preservation or closely related disciplines. Members of the Board shall serve three (3) year terms. Of the initial appointments, four (4) members shall be appointed for a term of three (3) years and three (3) members shall be appointed for a term of two (2) years. Alternate members shall be appointed for a term of two 424 of 432 (2) years. Vacancies on the Board, including expired terms shall be filled by persons with the same background as the original appointee, or related field, in order to maintain the desired Board makeup. Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. This Ordinance shall be effective immediately after adoption by the City Commission. 425 of 432 FIRST READING this ___ day of __________, 2011. SECOND AND FINAL READING ADOPTED this ___ day of ________, 2011. CITY OF BOYNTON BEACH, FLORIDA _________________________________ Mayor – Jose Rodriguez _________________________________ Vice Mayor – Marlene Ross _________________________________ Commissioner – William Orlove _________________________________ Commissioner – Woodrow L. Hay _________________________________ Commissioner – Steven Holzman ATTEST: ______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 426 of 432 14. A FUTURE AGENDA ITEMS February 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Amendment to Police Officers' Pension Trust Fund - EQUESTED CTION BY ITY OMMISSION 02/15/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 427 of 432 14. B FUTURE AGENDA ITEMS February 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Willis Retirement Services (SageView Advisory Group) EQUESTED CTION BY ITY OMMISSION Plan Review - TABLED 01/18/11 - Bring back 02/15/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 428 of 432 14. C FUTURE AGENDA ITEMS February 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Discussion of local transportation options - 03/01/11 EQUESTED CTION BY ITY OMMISSION ER: Status report on comparative research done with the Wellington XPLANATION OF EQUEST Para-Taxi Program, the current Shopper Hopper and other program options related to transportation coordination with Palm-Tran, Tri-Rail and other transportation services funded by non-profits. H? Budget constraints require that the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Shopper Hopper program be evaluated for effectiveness each year. Other communities have been experimenting with taxi subsidy programs and other specialized transportation programs to meet the needs of citizens that might not be available through conventional means. FI: ISCAL MPACT A: LTERNATIVES 429 of 432 14. D FUTURE AGENDA ITEMS February 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Police Complex -- Discussion of project timing, scope, EQUESTED CTION BY ITY OMMISSION location and funding alternatives available (TBA) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 430 of 432 14. E FUTURE AGENDA ITEMS February 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Geographic boundaries for City of Boynton Beach voting EQUESTED CTION BY ITY OMMISSION districts - (TBD) ER: The Boynton Beach City Charter, Article II. City Commission, Sec. XPLANATION OF EQUEST 17(g) Composition, election, terms, vacancies states that “ Geographic boundaries for each voting district are established pursuant to Section 2-41 of the Code of Ordinances. Geographic boundaries for each voting district shall be designated, prepared and identified not later than the first day of January 2002, and every four (4) years thereafter by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida. The election districts shall be of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods within the City. The principal of non-discrimination and one man/one vote shall be adhered to .” strictly The last re-districting project was done in 2005 by the Florida International University Metropolitan Center at a cost of $35,200. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 431 of 432 14. F FUTURE AGENDA ITEMS February 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 1, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Discussion of a proposed committee to be assigned to EQUESTED CTION BY ITY OMMISSION explore a Green Market for the City of Boynton Beach in 2011 - TBD ER: The City Commission originally discussed this matter at the XPLANATION OF EQUEST November 16, 2010 meeting. Subsequently, the CRA Board discussed a Green Market th Program outlined at their meeting of December 14. The CRA Board authorized the use of a consultant for a limited feasibility study with active participation of City and CRA staff in data gathering and discussion. H? Unknown at this time. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Comparative costs and funding sources of the West Palm Beach, Lake Worth ISCAL MPACT and Port St. Lucie Green Markets should be obtained. A: Information LTERNATIVES 432 of 432