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Agenda 12-04-12 SearchableThe City of Boynton ear 100 E. Boynton Beach Boulevard • (561) 742 -6000 TUESDAY, DECEMBER 4, 2012 6:30 PM FINAL AGENDA City Commission AGENDA Woodrow L. Hay Mayor — At Large Mack McCray Vice Mayor — District II Vacant Commissioner — District I Steven Holzman Commissioner — District II I Marlene Ross Commissioner — District IV Lori LaVerriere Interim City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton-beach.org Breeze into Boynton Beach - America's Gateway to the Gulfstream 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 703 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ross D. Brand Promise Statement E. 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. Announce the Holiday Boat Parade B. Announce the cancellation of the January 1st, 2013 City Commission meeting 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. Appointment of Honorary Members to the Veterans Advisory Commission for 2013 B. Appoint eligible members of the community to serve in vacant positions on City advisory boards C. Update report from the Special Events Ad Hoc Committee. 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 Re cord and subject to staff comments 3 of 703 A. Appoint an Advisory Committee to review a renaming request for Veterans Park on Ocean Avenue. B. PROPOSED RESOLUTION NO. R12 -122 - Approve and authorize execution of a Mutual Aid Agreement for Water/Wastewater coordinated by Florida's Water/Wastewater Response Network (FlaWARN). C. PROPOSED RESOLUTION NO. R12 -123 - Approve the piggy -back of City of Lakeland, FL agreement for Annual Collection Services on delinquent utility and miscellaneous receivable accounts with Penn Credit of Harrisburg, PA. The agreement provides collection services at a commission rate of 16% for first placement accounts and 24% for second placement accounts. U. Approve request for Sidewalk Cafe permit for The Little House, located at 480 E. Ocean Avenue. Applicant: Chrissy Benoit. E. PROPOSED RESOLUTION NO. R12 -124 - Approve and authorize the City Manager to execute an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to continue the Fire Assessment Program for the FY 2013 -2014 budget with the scope of professional services and specialized assistance in the amount of $17,500. F. Approve the minutes from the regular City Commission meeting held on November 7, 2012 G. Accept the written report to the Commission for purchases over $10,000 for the month of October 2012. H. Approve a motion to declare the items surplus on the attached "VEHICLE SURPLUS LIST" as submitted by Public Works /Fleet Maintenance and allow for auction of the same utilizing JJ Kane Auctioneers. PROPOSED RESOLUTION NO. R12 -125 - Approve and authorize execution of three -year contracts for (a) Third Party Administrator (TPA) services for Workers' Compensation (WC) claims with Commercial Risk Management, Inc. and (b) Adjuster Services for Property and Casualty (P &C) claims with Gallagher Bassett Services, Inc. J. PROPOSED RESOLUTION NO. R12 -126 - Authorize and direct execution of a License Agreement between Unisite, LLC ( "American Tower" or "Licensor ") and City of Boynton Beach ( "Licensee ") to allow installation and operation of an antenna for government use on the existing telecommunications tower located on city- owned property at 3261 Quantum Blvd. 4 of 703 K. PROPOSED RESOLUTION NO. R12 -127 - Approve a pledge of the municipalities of Palm Beach County endorsing the Mayors' Climate Action Pledge, affirming support for the Southeast Florida Regional Climate Change Compact, agreeing to consider implementing the Regional Climate Action Plan in whole or in part as appropriate for each municipality, and urging all Mayors of Palm Beach County to support the Mayors' Climate Action Pledge. 7. BIDS AND PURCHASES OVER $100,000 A. Approve award of the "Co- Operative Bid To Furnish, Deliver And Discharge Quicklime ", Bid No.: 009 - 2821- 13 /JMA, to Lhoist North America of Alabama, LLC as the lowest, most responsive bidder meeting all specifications. Estimated annual expenditure is $295,427.00. This product will be ordered on an "As Needed" basis. B. Approve utilizing the GSA Pricing Contract Number GS- 07 -561OR with Contender Boats Inc. for $139,114.32 for the purchase of a 32' Contender Tournament with twin Mercury Verado 300XL engines and an Amera -Trail triple axle trailer. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlements in case of Christie Bolden, et al v. City of Boynton Beach 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. None 10. CITY MANAGER'S REPORT A. Report by Boynton Beach Police Department regarding crime rates in the Palm Beach Leisureville community B. Approve continuing the Agreement as further defined herein with DavenportLawrence for Phase 2 of Project Management Services for Utility Water Meter Technology Migration for (a) Transitional Project Management Services, (b) AMI Meter Infrastructure Project Management and (c) Process and People Design Change Aligned with Customer Information Systems for total estimated fees and expenses of $212,500. 5 of 703 C. Accept staff report on Civic Engagement and Community Outreach for discussion and direction to address Advisory Board recruitment and citizen volunteerism. D. Update on the Brand Promise Marketing Plan and Brand Promise Image. E. Discuss funding options for the enhancement of Congress Avenue median landscaping F. Review traffic control options on Old Dixie Highway. 11. UNFINISHED BUSINESS A. Hear update from City Attorney regarding conveyance document for Old High School property. 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 12 -018 - SECOND READING - PUBLIC HEARING - Approve abandonment of a portion of a Utility Easement (ABAN 12 -001) at 501 SE 18th Avenue, Sunshine Square Shopping Center, zoned C -3 (Community Commercial). Applicant: James Mirrione, E & A Sunshine Square, LLC. B. PROPOSED ORDINANCE NO. 12 -019 - SECOND READING - PUBLIC HEARING - Approve changes to the City's Code of Ordinances, Chapter 26 - Article IV — Sewers, pursuant to Chapter 62 -625 of the Florida Administrative Code regarding Industrial Pretreatment Regulations and their proper enforcement. C. Approve the new Enforcement Response Plan (ERP) which includes references, and associated enforcement, to changes made to Chapter 26 - Article IV — Sewers of the City's Code of Ordinances pursuant to Chapter 62- 625 of the Florida Administrative Code (FAC). D. Approval of ordinances amending Charter consistent with previous Commission direction: PROPOSED ORDINANCE NO. 12 -020 - FIRST READING - Adopt a revised City Charter to provide for the designation of Geographic Boundaries for each municipal voting district ninety (90) days after the 2020 census report and every ten (10) years thereafter; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted 6 of 703 to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; PROPOSED ORDINANCE NO. 12 -021 - FIRST READING - Amending the Charter to allow a City Commissioner to retain office for the balance of their term in the event a District boundary change results in the Commissioner no longer residing in their District; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; PROPOSED ORDINANCE NO. 12 -022 - FIRST READING - Amendments to current City Charter Section 19 regarding term limits; increasing the maximum number of three year terms from two to three for a total of nine years that a member of the Commission can serve consecutively; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; PROPOSED ORDINANCE NO. 12 -023 - FIRST READING - Adopt a revised City Charter to provide for the renumbering, revisions to eliminate ineffective non - substantive language, correction of grammatical and punctuation errors, deletion of provisions which are superseded or preempted by State law, and reorganized to consolidate related subject matters; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot. E. PROPOSED ORDINANCE NO. 12 -024 - FIRST READING - Approve Ordinance amending sale of City owned real property 14. FUTURE AGENDA ITEMS A. Capital Facility Charge Update Study - Amending Ordinance - 12/4/12 B. ATS Agreement - 12/18/12 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT 7 of 703 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. 8 of 703 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS El 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: Announce the Holiday Boat Parade EXPLANATION OF REQUEST: On Friday, December 7, 2012 Boynton Beach presents the "Holiday Boat Parade ". The parade starts at 6:30 pm and runs south from the Boynton Inlet to the C -15 canal south of Delray Beach. There is public viewing along the parade route and at the Boynton Harbor Marina where there will be live music and food and drinks will be available for purchase. Please bring your donation of a new unwrapped toy for Toys for Tots to the event; also US Marines will be in the Boat Parade and will come up to your dock to pick -up your toy donation. Parking is available at the parking lots on the NE corner of East Ocean Avenue and Federal Hwy. No pets please. To enter your boat in the parade, call the CRA at 737 -3256 X 212 or you may drop your entry off at the Boynton Harbor Marina. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: CRA Budget — Project Fund line item 02- 58500 -480 ALTERNATIVES: 9 of 703 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS El 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: Announce the cancellation of the January 1 st, 2013 City Commission meeting EXPLANATION OF REQUEST: At the October 2, 2012 City Commission meeting, the Commission voted to cancel the January 1 st, 2013 meeting due to the New Year's Day holiday HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: None ALTERNATIVES: None 10 of 703 5. A ADMINISTRATIVE December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Appointment of Honorary Members to the Veterans Advisory Commission for 2013 EXPLANATION OF REQUEST: The Veterans Advisory Commission met on November 14, 2012 and recommends to the City Commission, the appointment of the following persons, to fill seven of the ten positions, as Honorary Members of the Veterans Advisory Commission: Hilda Girtman Pitts (Gold Star Mother) Wilbur Jean Sims (Ladies Auxiliary) BG Albin Irzyk (Purple Heart Recipient) Angelina Milano - In Memoriam (Gold Star Mother) Kurt Leuchter (Prisoner of War) Dottie Moore (Ladies Auxiliary) Kim Metcalf (Gold Star Mother) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will have no impact on City Programs or Services. FISCAL IMPACT: This will have no Fiscal Impact. ALTERNATIVES: Reject all or individual appointments. 11 of 703 5. B ADMINISTRATIVE December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Appoint eligible members of the community to serve in vacant positions on City advisory boards EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. 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. 12 of 703 APPOINTMENTS FOR DECEMBER 4, 2012 Appointment Length of Term To Be Made Board Expiration Date I Arts Commission Reg 3 yr term to 12/15 I1 McCray Arts Commission Reg 3 yr term to 12/15 Mayor Hay Arts Commission Alt 1 yr term to 12/13 Tabled (3) III Holzman Arts Commission Alt 1 yr term to 12/13 II McCray Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12114 Tabled (2) I Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/13 Tabled (3) IV Ross Bldg. Bd. of Adj & Appeals Reg 3 yr term to 12/15 Mayor Hay Bldg. Bd. of Adj & Appeals Reg 3 yr term to 12/15 I Bldg. Bd. of Adj & Appeals Reg 3 yr term to 12/15 III Holzman Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/13 Tabled (2) I Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/13 I Cemetery Board Reg 3 yr term to 12/15 Mayor Hay Cemetery Bd. Alt 1 yr term to 12/13 III Holzman Code Compliance Bd. Reg 3 yr term to 12/15 IV Ross Code Compliance Reg 3 yr term to 12/15 I Code Compliance Bd. Alt 1 yr term to 12/13 Tabled (2) II McCray Code Compliance Bd. Alt 1 yr term to 12/13 Tabled (2) I Community Relations Bd Reg 3 yr term to 12/15 II McCray Community Relations Bd Reg 3 yr term to 12/15 IV Ross Community Relations Bd Alt 1 yr term to 12/13 Tabled (2) I Community Relations Bd Alt 1 yr term to 12/13 Tabled (2) II McCray Education & Youth Advisory Bd Reg 2 yr term to 12/14 III Holzman Education & Youth Advisory Bd Reg 2 yr term to 12/14 IV Ross Education & Youth Advisory Bd Reg 2 yr term to 12/14 IV Ross Education & Youth Advisory Bd Alt 1 yr term to 12/13 Tabled (2) Mayor Hay Education & Youth Advisory Bd Stu 1 yr term to 12/13 I Education & Youth Advisory Bd Alt 1 yr term to 12/13 IV Ross Employees' Pension Bd Reg 3 yr term to 12/15 IV Ross Financial Advisory Committee Alt 1 yr term to 6/12 Tabled (2) Mayor Hay Financial Advisory Committee Alt 1 yr term to 6/13 Tabled (2) II McCray Financial Advisory Committee Reg 3 yr term to 6/15 I Financial Advisory Committee Reg 3 yr term to 6/14 Tabled (2) II McCray Firefighters' Pension Bd Reg 2 yr term to 12/14 III Holzman Firefighters' Pension Bd Reg 2 yr term to 12/14 I Library Bd. Reg 3 yr term to 12/15 II McCray Library Bd. Reg 3 yr term to 12/15 Mayor Hay Library Bd Alt 1 yr term to 12/13 Tabled (2) III Holzman Library Bd. Alt 1 yr term to 12/13 13 of 703 APPOINTMENTS FOR DECEMBER 4, 2012 I Planning and Development Bd Reg 2 yr term to 12113 Tabled (2) IV Ross Planning and Development Bd Reg 2 yr term to 12/14 Mayor Hay Planning and Development Bd Reg 2 yr term to 12/14 I Planning and Development Bd Reg 2 yr term to 12/14 II McCray Planning and Development Bd Alt 1 yr term to 12/13 III Holzman Planning and Development Bd Alt 1 yr term to 12/13 II McCray Recreation & Parks Bd Reg 3 yr term to 12/13 III Holzman Recreation & Parks Bd Reg 3 yr term to 12/15 IV Ross Recreation & Parks ed Reg 3 yr term to 12/15 Mayor Hay Recreation & Parks Bd Alt 1 yr term to 12/13 I Recreation & Parks Bd Alt 1 yr term to 12/13 Mayor Hay Senior Advisory Bd Reg 2 yr term to 12/13 Tabled (3) I Senior Advisory Bd. Reg 2 yr term to 12/13 Tabled (2) II McCray Senior Advisory Bd Reg 2 yr term to 12/14 III Holzman Senior Advisory Bd Reg 2 yr term to 12114 IV Ross Senior Advisory Bd Reg 2 yr term to 12/14 Mayor Hay Senior Advisory Bd Alt 1 yr term to 12/13 I Senior Advisory Bd Alt 1 yr term to 12/13 III Holzman Special Events Ad Hoc Committee Reg 2 yr term to 04/13 Tabled (2) IV Ross Veterans Commission Reg 3 yr term to 12/15 Mayor Hay Veterans Commission Reg 3 yr term to 12/15 I Veterans Commission Alt 1 yr term to 12/13 II McCray Veterans Commission Alt 1 yr term to 12/13 III Holzman Veterans Commission Alt 1 yr term to 12/13 IV Ross Veterans Commission Alt 1 yr term to 12/13 S:\CC \WP \BOARDS \APPMENTS \Board Year 2012 \Appointments 12- 4- 12.doc 14 of 703 APPLICANTS ELIGIBLE FOR APPOINTMENT ON 12/4/12 Last Name First Name Eligibili Ready Arts Com Barbara Re Tito Alin Re Rte_ Wolf Halena Building Board of A djustments — &ate -- - - — _ Bever Re A Gurit Sanford Reg Gavlick Stanley Alt ONLY Cemetery Bd Glinski Bonnie Re Code Compliance Bucella Robert Re Yerzy RoseMarie Re * *Kravit Co Re Community Relations Bd _ Reg No Preference Newton Margaret * ** Lentini- Bernarduci Marianne Education & Youth Adv, Bd, Alvarez Lourdes Paola St Colebrooks- Spenc Carla _ Reg K ersha w Kellsie Student Lund uist i Caro Re Miller Hattie Re * *LaRiccia Ton No P * *Newton Mar aret Re Employees' Pension Bd 1 McDeavitt Cathleen _ _R Firefighters' Pension Bd Bus Helen Re Tayl Robert Re Lffirmy Bd Hoban Deborah Reg Taylor Jeannie Re Wineberg Barbara Reg or Alt_ Planning & Development — Bd Grcevic I Sharon Reg Kravit I Co ry Reg Saberson I Roger Re 15 of 703 S:�CC�WPIBOARDS\APPMENTS\Board Year 2O121APPLICANTS ELIGIBLE FOR APPOINTMENT ON 12- 04 -12.dm 16 of 703 Recreation & Parks Bd Lentini- Bernarduci Marianne No Preference Kanter Charles Re Scantlan Catherine Re Senior Advisory Bd Lynch Katherine No Preference Preston Stuart Alt Young Jean No Preference ** Lentini- Marianne Bernarduci No Preference Special Events Ad Hoc Cmte LaRiccia Tony No Preference Veterans Advisory Com Bre oli Frank Reg or Alt Bowman James Re Washington Karl No Preference S:�CC�WPIBOARDS\APPMENTS\Board Year 2O121APPLICANTS ELIGIBLE FOR APPOINTMENT ON 12- 04 -12.dm 16 of 703 5. C ADMINISTRATIVE December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Update report from the Special Events Ad Hoc Committee. EXPLANATION OF REQUEST: Per the request of Commissioner Ross, Elliott Williams, Chairperson of the Special Events Ad Hoc Committee will present an update. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not allow report. 17 of 703 6. A CONSENT AGENDA December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Appoint an Advisory Committee to review a renaming request for Veterans Park on Ocean Avenue. EXPLANATION OF REQUEST: The Interim City Manager received a request for consideration of renaming Veterans Park, located on 100 NE 4 Street, to Ocean Avenue Park. Ordinance 06 -078 provides a policy for a systematic and consistent approach for the official naming of streets, parks and buildings, etc. The policy is to name facilities through an adopted process utilizing established criteria emphasizing "community values and character, local history, geography, environmental, civics, monetary support and service to the Boynton Beach community." The request for naming of a facility shall be initiated by the City Manager or a City Commissioner. Then City staff reviews the request to see if it meets stated criteria as outlined in Ordinance 06 -078. Staff reviewed this request and finds it to be consistent with the criteria. The next step requires the City Commission to appoint an advisory committee to review the proposed request. The committee shall then forward their recommendation to the Commission for a final decision. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: None at this time. Should a decision be made to change the park name, then there will be a fiscal impact due to the changing of the sign, printed materials, etc. Staff will develop a cost estimate as part of the review process. 18 of 703 ALTERNATIVES: Do not accept the recommendation to rename the park. 19 of 703 20 of 703 1 ORDINANCE NO. 06- 078 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ESTABLISHING A POLICY FOR NAMING 5 CITY FACILITIES; PROVIDING FOR THE APPOINTMENT 6 OF A COMMITTEE TO ACT IN AN ADVISORY ROLE TO 7 THE CITY COMMISSION ON THE NAMING OF CITY 8 FACILITIES; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the City Commission has determined that it is advantageous to have a 13 uniform procedure for naming City facilities; and 14 WHEREAS, the City Commission finds that it would be beneficial to have committee 15 designated to evaluate suggestions and proposals for naming of City facilities. 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA: 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Ordinance upon adoption 20 hereof. 21 Section 2. The following policy is established for naming City parks, recreation 22 facilities, streets, and facilities, buildings and rooms in buildings: 23 Purpose: 24 The purpose of this policy is to establish a systematic and consistent approach for the official 25 naming of strects, parks and recreational areas and other public facilities, buildings and rooms 2G in huildinoc 27 Objectives 28 Ensure that streets parks, recreational areas and facilities, buildings and rooms in 29 buildings are easily identified and located. SXA \Ordinances\naming public facilities- revised(K13).doc 21 of 703 1 ■ Ensure that given names to streets, parks, recreational areas, facilities, buildings and 2 rooms in buildings are consistent with the values and character of the area or 3 neighborhood served. 4 . Encourage public participation in the naming, renaming and dedication of streets, 5 parks, recreation areas, facilities, buildings and rooms in buildings. 6 • Encourages the dedication of lands, facilities, or donations by individuals and/or 7 groups. 8 • Encourages long term monetary sponsorship. 9 Definitio 10 Facilities means parks, recreation areas, streets, buildings, rooms in buildings and other 11 facilities, or parts thereof, which operate for the benefit of the public and includes all property 12 under the City's ownership, administration or control including buildings, structures, open 13 spaces, public parks, natural areas, wetlands, environmental habitat and land, or parts thereof. 14 Criteria: 15 The policy of the City is to name Facilities through an adopted process utilizing established 16 criteria emphasizing community values and character, local history, geography, 17 environmental, civics, monetary support and service to the Boynton Beach community. 18 The following criteria shall be used in determining the appropriateness of the naming 19 designation: 20 1. Geographic location (neighborhood, significant areas, etc.) 21 2. Natural features 22 IA person or place of historical or cultural significance. 23 4. A person, group, or feature particularly identified with the land or facility 24 5. Commitment for monetary sponsorship 25 The process to name Facilities commences with a recommendation of the City Manager, 26 Mayor or a City Commissioner that a City Facility be named or renamed. 27 Conditions of property donation as agreed upon by the donor and the City shall be honored 28 regarding the naming of the Facilities subject to these adopted policies. 29 Names that are similar to existing Facilities in the City should not be considered in order to 30 minimize confusion. 31 The City reserves the right to change the name to maintain consistency with these policies. 32 Procedure: SXA \Ordinances%naming public facilities- revised(KB ).doc 22 of 703 I 2 3 4 5 6 7 8 9 1a I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this _ day of , 2006. S: \CA \0rdinances\naming public facilities- revised(KB).doc 1. Naming or Renaming of Facilities a. A request for naming of a facility shall be initiated by a request by the City Manager to the City Commission or by request of any member of the City Commission through the City Manager. b. City staff as designated by the City Manager will review the proposal for adherence to the stated criteria and authentication of statements relative to contributions in the case of an individual before forwarding to an advisory committee of five (5) person appointed by the City Commission. c. The advisory committee review the proposed mining or renaming and will offer the opportunity for public input on the proposed naming. d. The advisory committee shall forward their recommendation to City Commission for final decision. 2. Renaming of Parks, Recreation Areas, Facilities, Buildings and Rooms in Buildings Renaming of facilities carries with it a much greater burden of process compared to initial naming. Tradition and continuity of name and community identification are important community values. Each suggestion or request for renaming must meet the criteria in this policy, but meeting all criteria does not ensure renaming. Section 3. Each and every other provision of the 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. 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. 23 of 703 1 2 3 4 5 6 7 8 , 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECOND, FINAL READING AND PASSAGE, this 1'7 . day of 0:-, 2006. ATTEST: Clerk CITY OF BOYNTON BEACH, FLORIDA Vice /4 C. Commissioner -- Muir C. &WA \Ordinances'tnaming public facilities- revised(K-B).duc 24 of 703 6. B CONSENT AGENDA December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: PROPOSED RESOLUTION NO. R12 -122 - Approve and authorize execution of a Mutual Aid Agreement for Water/VVastewater coordinated by Florida's Water/Wastewater Response Network (FlaWARN). EXPLANATION OF REQUEST: The Utilities Department updated their FlaWARN application to provide current contact information and recommends execution of an updated Mutual Aid Agreement (MAA); the MAA on file is dated November 30, 2005. The MAA for Water /Wastewater, once executed, will enable the City of Boynton Beach Utilities Department to participate in mutual aid requests with all participating agencies in the State of Florida. A MAA is not mandatory; however, members are encouraged to sign and submit the agreements. The MAA facilitates planning and prioritizing by agencies responding to requests for help in time of need. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The MAA has been carefully crafted to promote "utilities helping utilities" in time of emergency. The MAA will assist the utility in being prepared for emergency response and gives a wide area network access for any equipment, manpower and other utility needs necessary to keep the utility functioning. The MAA also allows the City of Boynton Beach Utilities Department to assist any agency in the State of Florida with any needs that may arise. No participating utility is under any obligation to provide assistance. 25 of 703 FISCAL IMPACT: There is no immediate fiscal impact. When assistance is required during an emergency event, the Utilities' operating funds would be used and FEMA reimbursement would be requested. The agreement calls for reimbursement of expenses at the time of use and they are based on a schedule of rates established by FEMA and personnel rates are based on actual costs plus benefits incurred. ALTERNATIVES: An alternative would be to not participate and rely on FEMA, the County Emergency Operations Center, and vendor availability. 26 of 703 RESOLUTION NO. R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MUTUAL AID AGREEMENT FOR WATER /WASTEWATER COORDINATED BY FLORIDA'S WATER/WASTEWATER AGENCY RESPONSE NETWORK (FLAWARN); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, F1aWARN is made up of water and wastewater utilities across Florida, assisted by regulatory, technical and law enforcement agencies; and WHEREAS, the City is a party to a Mutual Aid Agreement dated November 30, 2005 (Reso R05 -192) however the Utilities Department updated their F1aWARN application to provide current contact information and recommends the execution of an updated Mutual Aid Agreement; and WHEREAS, once executed the Mutual Aid Agreement will enable the City of Boynton Beach Utilities Department to participate in mutual aid requests with all participating agencies in the State of Florida; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize execution of the Mutual Aid Agreement for Water/Wastewater coordinated by Florida's Water/Wastewater Response Network (F1aWARN). 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 and authorizes the Mayor and City Clerk to execute a Mutual Aid Agreement for Water/Wastewater coordinated by Florida's Water/Wastewater Agency Response Network 27 of 703 (F1aWARN), which Agreement is attached hereto as Exhibit "A" Section3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of December, 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — Mack McCray Commissioner - Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 28 of 703 MUTUAL AID AGREEMENT FOR WATER/WASTEWATER ARTICLE I. PURPOSE The Water/Wastewater Mutual Aid Program was established to provide ■ method whereby water /wastewater utilities sustaining physical damage from natural or man made disasters could obtain emergency assistance, in the form of personnel, equipment, and materials and other associated services necessary, from other water /wastewater utilities. TMe NINNIIIIIIi4 1* Alplm"vnt is to formally document such program. ARTICLE II. DEFINITIONS A. AGREEMENT— The Water/Wastewater Mutwal,d #. r" original agreement and all signatory pages shall be kaV e4 111110t 09PAW 1900 SW 63rd Blvd., Gainesville, FL 32608 B. PARTICIPATING UTILITY — Any Water/Wastewater utility which executes this Mutual Aid Agreement. C. DAMAGED UTILITY — Any Participating Utility which sustains physica damage to its water/ wastewater system due to a natural or manmad9l disaster and seeks assistance pursuant to this Agreement. D. A.VATING WTtrV — Any Participating Utility which agrees to provide Is ! Qwwged Utility pursuant to this Agreement. E. AIIJ"- KXNffM PRESENTATIVE —An employee of a Participating Utility aA111116allillml IV %11111: 40ity's governing board to request or offer assistance o4w Me Iema*I Nis Agreement. (A list of the Authorized Representatives for each Participating Utility shall be attachecLto this Agreement as Appendix A) IF: PERIOD OF ASSISTANCE — The period of time beginning with the departure of any personnel of the Assisting Utility from any point for tk purpose of travelling to the Damaged Utility in order to provide assistance and ending upon the return of all personnel of the Assisting Utility, afi! IN 29 of 703 providing the assistance requested, to their residence or place of Work, whichever is first to occur. M SCHEDULE OF EQI.A WNT %APMD- Thl kftd 99w MAJ&4W by Federal Emergency hbompr9■rrt PqpM ~ w■ rogiiiiiriiiiiiiiii ■y recovery directorate applicable 16 M61"f NO druiprola. H. WORK OR WORK- FiEk./.TMD WIN" —irk s A Z" IM 011114111111 either the personnel or equipmek*0&eAe*W" t511iV am baby end bir the Damaged Utility to provide assistance. Spe~ iPjNp#sll will* such period of time are rest breaks when the perswrW of ft Owlill" LAility will return to active Work within a reasonable time. Also, included is mutually agreed upon rotation of personnel and equipment. ARTICLE III. PROCEDURE In the event that a particy*eft 01@qmM a Qemaged Utility, the following procedure shall be followwk A. The Damaged Utility shall contact the Authorized Representative of a7 w more of the participating utilities and provide them with the following information: 1. a general description of the damage susyM 2. the part of the water /wastewater system %pqM 16 -needed; 3. the amount and type of personnel, equipmw t "9jWtjjrvw9 Wplies needed and a reasonable estimate of the IRS of libirs V be needed; 4. the present weather conditions and the forecast for the next twenty-four hours; and 5. a specific time ar4 nose 114rs Powopo dretive of the Damaged Utility to meet the personnel and equipment of the Assisting Utility. 6. The identification of Work conditions and special constraints such M availability of fuel supplies, lodging /meal support, medical facilitiEN, security, communications, etc. 30 of 703 M. When contacted by.9 Damaged Utility, the Authorized Representativo ELM Participating Utility shall assess his utility's situation to determine whether it is capable of providing assistance. No Participating Utility shall be under any obligation to provide assistance to a Damaged Utility. If the Authorized Representative determines that the Assisting Utility is capable of and willing to provide assistance the Assisting Utility shall so notify the Authorized Representative of th #.Damaged Utility and providing the following information: 1. a complete description of the personnel, equipment and materialm H furnished to the Damaged Utility. 2. the estimated length of time the personnel, equipment and materials will be available; 3. the work experience and ability of the personnel and the capabilikullo equipment to be furnished; 4. the name of the person or persons to be designated m supervisory personnel; and 5. the estimated time when the assistance provided will arrive at the location designated by the Authorized Representative of the Damaged Utility. q, The personnel and equipment of the Assisting Utility shall remain, at all times, under the direct supervision and control of the designated supervisory personnel of the Assisting Utility. In instances where only equipment is provided by the Assisting Utility, the ownership of said equipment shall remain with the Assisting Utility and said equipment shall be returned to the Assisting Utility immediately upon request. Representatives of the Damaged Utility shall suggest Work assignments and schedules for the personnel of the Assisting Utility; however, the designated supervisory personnel of the Assisting Utility shall have the exclusive responsibility and authority for assigning Work and establishing Work schedules for the personnel of the Assisting Utility. The designated supervisory personnel shall maintain daily personnel time records and a log of equipment hours, be responsible for the Y 31 of 703 operation and maintenance of the equipmenffumished by the Assisting Utility, and report Work progress to the Damaged Utility. D. The Damaged Utility shall have the responsibility of providing food and housing for the personnel of the Assisting Utility from the time of departure from their regularly scheduled Work location until the time of return to their regularly scheduled Work location. The food and shelter provided shall be subject to the approval of the supervisory personnel of the Assisting Utility. If not agreeable, food and shelter shall be provided and paid for as determined by mutual agreement. E. The Damaged Utility rl"d 1 Ov rampr9d)ility of providing communications betterftplii�iiiiiiiiiilvf19eAssisting Utility and thin Damaged Utility. ARTICLE IV. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided under this Agreement shall be agreed to prior to the providing of such assistance Ad shall be in accordance with the following provisions: A. PERSONNEL — During the Period of Assistance, the Assisting Utility shall continue to pay its employees according to its then prevailing rules and regulations. The Damaged Utility shall reimburse the Assisting Utility for all direct and indirect payroll costs and expenses incurred during the Period of Assistance, including, but not limited to, employee pensions and benefits. B. EQUIPMENT — The Assisting Utility shall be reimbursed for the use of its equipment during the Period of Assistance according to the SCHEDULE OF EQUIPMENT RATES established and published by FEMA. If an Assisting Utility uses an alternate basis of rates for equipment listed on the FEMA Schedule of Equipment Rates it shall provide such rates to the Damaged Utility prior to providing assistance. Rates for equipment not referenced on the FEMA Schedule of Equipment Rates shall be developed based on actual ommma4r Now. 32 of 703 C. MATERIALS AND SUPPLIES — The Ass1N% Uo%o a%o In rairnbursed for all materials and supplies furnished bp it &W Niel qr diurrssIllsid during the Period of Assistance, unless such damrgIIIIIIIII it EWEN.* R Mence of the Assisting Utility's personnel. The mew 1f?sss%6&&s1W shall be the replacement cost of the materials and ■4WM 6 WI1r dwelled, plus ten (10) percent of such cost. In the alterMA", to weer wqg pgree that the Damaged Utility will replace, with a " Ind gro qLm* W determined by the Assisting Utility, the made grio arplIsIss; 6mistill gr damaged. D. PAYMENT — Unless mutually agreed otherwise, the Assisting Utility should bill the requesting utility for all expenses not later than ninety (90) days following the Period of Assistance. The requesting utility shall pay the bill in full not later than forty -five (45) days following the billing date. Unpaid bills shall become delinquent upon the forty -fifth (45"') day following the billing date, and once delinquent shall accrue interest at the rate of prime plus two percent (2 %) per and m MP� 0 SIR Wall Street Journal. F. DISPUTED BILLINGS — Those undisputed' poAw/ era b" fly in paid under this payment plan. Only the disputed portions should be sent to arbitration under Article VI. ART 1QLr Y. JNWMMCE i'l" rorbcpoam tom' IIo issor or ma Irdoes 4 IS d 50 -ft ip"ions, and determine for itself what kinds of insurance, arA IN *%*q*rr*urr116 I should carry. Nothing herein shall act or be construed w a wai W wFVT EREM" immunity or other exemption or limitation on liability thy! 1 LOW may enjoy 33 of 703 ARTICLE VI, ARBITRATION All disputes between two or more participating utilities arising from participation in this Agreement, which cannot be settled through negotiation, shall be submitted to binding arbitration before a panel of three persons chosen from the members of this Mutual Aid Agreement which are participating utilitie16 JPxcluding those members that are parties to the dispute. each party to the dispute shall choose one panel member and those panel members shall agree on one additional panel member. The panel shall adopt rules of procedure and evidence, shall determine all Issues in dispute by majority vote and shall assess damages. The decision of the jDanel shall be final and binding upon the parties to the dispute. NOW, THEREFORE, in consideration of the covenants and obligations r,ontained herein, the participating utility listed here, as a Participating Utility duly loxecutes this Water/ Wastewater Mutual Aid Agreement this _ day of _ ■ 20 WaterlWastewater Utility Representative(s): By: Title: By: Title: ' Please Print Name Please Print Name 4 Name of Participating Utility: Please Print Name of Utility f� 111iiMi J f ffOi�1J sulmA 1L T6mM ym 34 of 703 Nlemlvrbetail - PlaWAM * � Wgrmation t Safe IMMMEJPV Regional Pa* 1al http://Www.flawarn.org/members/member.aspx?m=262 10/29/2012 35 of 703 Member QRWL NTe'mber Detail %F1aVARIf MEN MEN 0 MEM ,I h ME t EE M ■ MEN MEN ■ ■ EM- 5 ON ME Page 2 of 2 ID Nom_ Details _ = Barbara Conbov_ conbo b bbfl.us = t ones -Remo, i Michael Low Uwrak Iowm(dbbfl.us List of Phones Remo% Tony Penn Awe pennaCcDbbfl.us List of Phones � Remo% Kofi Boateno E 0 ` boatengkfcDbbfl.us List of Phones Remo% Karen Risele ILEAM riselevk(Mbbfl.us List of Phones Remo% '124 E. Woolbright Road Boynton Beach, FL 33462 http : / /www.flawarn.org /mernbers/mem�� Edmim 36 of 703 "WE U FbMRN? rEIdriiwr Wpiw� �to aliilllhm � a �■ �� . �� .w ryl�ady ir• l� N A ��4�rM M �.l� ed a mod mutual aid agreement IP Maas Ada OW IYe A I I rkwbww imp b r ewde won a ��, � �� +�. yr N.ri iMwe lhet a �ewwew�Fedeiiee !e tl,e w�eI wii w� gmA eM I�e�kwa * 'I14+ ti p �� o !t■ rowrwi ernyses� sssiisesa WOW ON& 1111" 10 W 44M GIM, 4M � ■iii. ii ■ N"rdI* Iowa sus ffwvs mom 9" PN l• 4II■U "M ■ N"! *q wN. rs we mss► WWWlFWAir" M mil■ OF= ON 4NEIww ■ nsee v- ems. 1W IMP rbl click on the Membe Fff ASAWPW sties A^ 5011rr1* �r�rr�n 4�wirewe ��• Fah! �� MOM i ■o � rte■ J• ■ dl ■pw weed a w%ve er em OWIAM see sup kftrial, How to use FIaWARNJ: ■ � ■ice 4 wt j6d W YwwTummma4 Fl MAM M o*wwmes•rwwj be vshsd• w d" wj met t yaws f s NWAOM wAwF i iee w w"ft OFIM&OR ME& IN , IF lick here ■! Iwe+ F, Q" wo 4IIIIII A w it Ow r 11 off in ! 116 �� 1111111111111111T! Fop" Wre swoud6a spw protections please insure FIe WNM is ew IM %boWlowed senders. T%M* I" ww "qq+ W Mww*uW lion and support in this important effort. A ■+4 ibrA Mi■dlowrAsEnvironmental Protection to wA*la&a shMrs•srwNsr w ■o AMIM post they need assistance Mi r a 4 impo wi W is �E: iMssP�s�rr� axeileyie sw FIs44igAi!i i++er�ws Bile ii�� TIC 91' ii■r1 6111111111111119bW � � f ■I +tenor b 19 MPFWN 9 A►1w NIL Ono f m y■L l i Members Site If Nor wft NErRoPW 4■ ft "UgIN ERMNOW Slik a E "s siw N. isrrwsre WANWAAM l wre wriest ' i.org http: / /www.flavmm.org/ 10/25/2012 37 of 703 'Welcome- Fl4TARN n4e 1 of .7 g - F WARN AqF1 qrl Four "tp a Successful Water /Wastewater Agency Response Network WARN 1. NfgA & hw's" oil of the major water and wastewater associations in a WAR%==WN lbo= 111 OwWW7 a awaseeM 16Mative. Florida's waterlwastewater associations; Florida Section American Water Wow Aa@@W60m 0 a , Florida Water Pollution Control Operators Association ( FWPCOA), Florida Water End Aaaeefaiiem JFWEA), Florida Rural Water Association (FRWA), Southeast Desalting Association all Mm P@pPeeemtedww sn tw committee. Three of these groups FSAWWA, FWPCOA and FWEA have worked tabor Ilor err WROhMn ft Florida Water Resources Journal and the annual Florida Water Resources ConfereM. 1 IIIIIIIIIIAa17nent of Environmental Protection (FDEP), with EPA funding, awarded a contract to 9 r,UO& Qm t for Training, Research and Education for Environmental Education (UF/TREEO) to bq ft M&F&l~ gF llllll�ml. WWREEO's roots are in water, starting in 1977 with a grant from US EPA, funding from An owe of Fbo&, Mal M donated by the City of Gainesville and located across from the Kanapaha Wastewaterl� �. TNV VO" wiission of UF/TREEO was to train water and wastewater operators. FWPCOA took a *Miamft Fft im siirAft boUnding for UF/TREEO. Akheey+ R~RN is funded by FDEP and they have a seat on the steering committee, they are rm* it al eel in ffie 0 % ib dart adlillillillim of the network. The decisions on how to deploy resouri iy iSMMQ --e - z. Mk%d AN ,agreement The wril+eweA nrnn erM R is On iwckbone of the network. Signing the MAA assures the utility sending help will 0 JWf � � lye Hility receiving help. Not signing the MAA does not mean that a utility will not F@EM Nft b* plVillift " III; 4ft M mMotiating the terms of assistance. If there are limited resources for response, Pry wN be given to utilities that have signed the MAA. The project's infrastructure consists of ersecure web -based data bank of available resources. The # %4i and resources are matched and tracked. The website also includes ups Numl FEMA reimbursement. 4. Steering Committee m The steering committee has three at -large associatjons and the Florida Department of EnwRmfn WmI Owleel0 m. It f oMO It a m0@0 w" oW vice-chairman. Meetings are held face - face four times a pow wid lll�y Imo am do so Q86IIIIIIIili &@i. During emergency events conference calls are held twice daily. TIS IN � ft 911MEOW trt FrMillifl J. Members must be able to spend time during emergencies helms* ebvN psek eadoesewpow evmimst 1 0 ar1 L1iaMflawarn.org http://www.flawam.org/pages/starting-a-wam.aspx 10/31/2012 38 of 703 roX �NARN N*tual Aicl Agreement - FIaWAFN Mutual Aid Agreeme Page 1 bf T MR � Arid AWOOMM SM EMN ■ 600M ency response amongst Fli: - MR Iw iii i* dOW Ills peeNel`'� N� MWNAtie of emergency. 17e SommAmm hwe yFoOmm Y in VWi r s VM sN M a IU RW 1R■ ELL41111111116 Seed ftiIIIN mod ebb *ew a , 16 wp Ile noWAl +Allike to w*A &@A eAi+•e w*M q&M b TID IWW IN" = � I1llllllll� r7 ■ � EWIIa WMV MWASAIII oeel11160w wiembWk Sir e1e4elswe ieeeh m r wPOgjr ti, 10.0in or p'seses. ft IMM■ feels there is wisdom in OdM ■eiv as dliap&and brief as possible. Your self ip qNpwj4&* TIN FIaWARN Steerinq Committee will review all if � iNMvements, and may revise M ■ A se reader. Rtease attach a copy q( i 1 or= aie) when you submit the sign«I MA%tea �e�et WVF NQM boo" � >�ed Alwl ■iiLiy R info flawarn.org http://www.flawam.org/pages/maa.aspx LIAM i7 39 of 703 Mutual Aid Agreement 6. C CONSENT AGENDA December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: PROPOSED RESOLUTION NO. R12 -123 - Approve the piggy -back of City of Lakeland, FL agreement for Annual Collection Services on delinquent utility and miscellaneous receivable accounts with Penn Credit of Harrisburg, PA. The agreement provides collection services at a commission rate of 16% for first placement accounts and 24% for second placement accounts. EXPLANATION OF REQUEST: Currently, the City utilizes Penn Credit via a City of Greenacres Agreement that was approved August 19, 2008. Penn Credit's commission rate for accounts collected was 17 %. This Agreement expired on November 3, 2012. We have been notified by the City of Greenacres that they are going to be utilizing the City of Lakeland's Agreement with Penn Credit. The City of Lakeland advertised RFP No. 1202 that was opened on July 21, 2011 and approved on October 17, 2011. The initial term of the Agreement was October 17, 2011 thru October 16, 2012 and will be automatically renewed each year thereafter unless either party notifies the other in writing at least sixty (60) day prior to the annual expiration date. Either party may, by giving thirty (30) days prior written notice to the other, terminate the Agreement. The City of Lakeland's competitive bid process meets or exceeds the City of Boynton Beach's procurement guidelines. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this Agreement is to obtain a qualified firm for the collection of the City's delinquent accounts at the best possible commission rate. The City has been using the Penn Credit agreement for 40 of 703 delinquent utility, solid waste, and fire ALS accounts since 2008 and has been satisfied with their services. FISCAL IMPACT: The recent Agreement with Penn Credit had a commission rate of 17 %; the recommended Agreement has a lower commission rate of 16 %. Historically, on the collectibles the City has sent to collections, 8% has been received for utility and solid waste fees. Utilities referred approximately $300,000 /year for collections. Solid waste fees referred approximately $22,000 /year for collection. Fire Rescue has referred approximately $1,000,000 for collection in 2010, and $750 in 2012 and has received approximately 4 %. Of the total amount sent to collections in FY 2011 -12, approximately $64,200 was collected by Penn Credit who received a commission of $10,917 in 2012. ALTERNATIVES: The City issues their own RFP for Collection services. 41 of 703 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY - BACKING" OF A CITY OF LAKELAND CONTRACT ISSUED FROM RFP #1202 WITH PENN CREDIT CORPORATION, FOR COLLECTION SERVICES ON DELINQUENT UTILITY AND MISCELLANEOUS RECEIVABLE ACCOUNTS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR UTILITY COLLECTION SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the City of Lakeland 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 Lakeland Contract issued from RFP 91202 and authorizes the Mayor and City Clerk to sign an Agreement for Utility Collection Services with Penn Credit Corporation for collection services on delinquent utility and miscellaneous receivable accounts. 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 "piggy- backing" of a City of Lakeland Contract issued from RFP 91202 and authorizes the Mayor and City Clerk to sign an Agreement for Utility Collection Services with Penn Credit Corporation for collection services on delinquent utility and miscellaneous receivable accounts, a copy of the Agreement is attached hereto as Exhibit "A ". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of December, 2012. 42 of 703 CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — Mack McCray Commissioner — Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 43 of 703 AGREEMENT FOR UTILITY COLLECTION SERVICES This Agreement is made as of this day of , 2012 by and between PENN CREDIT CORPORATION, a Pennsylvania Corporation authorized to do business in the State of Florida, with offices at 916 S. 14 Street, Harrisburg, PA 17104, ( "PENN "), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beieh Boulevard, Boynton Beach, FL 33435 (the "City "). RECITALS WHEREAS, The City of Boynton Beach currently utilizes Penn Cre1w 16 a Agreement with the City of Greenacres which expired on November 3, 2012; and WHEREAS, the City of Lakeland advertised RFP No. 1202 and the initial term of their Agreement was October 17, 2011 thru October 16, 2012, with automatic renewals each year unless either party notifies the other in writing 60 days prior to the annual expiration date; and WHEREAS, PENN, submitted a proposal dated October 24, 2012 to the City to provide collection services on delinquent utility and miscellaneous receivable accounts at a commission rate of 16% for first placement accounts and 24% for second placement accounts based on City of Lakeland Contract issued from RFP #1202; and 1`Tl V 111HIM111M ip consideration of the mutud erg amoilmil herein, and for other NAW" ,.,.',.� received, the receipt ant w ffia1 way @F v c h are hereby aclmowle*" *r Ewlin q 4 i follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and PHEW qW to i'&M I" fib anlmlim i♦ m delinquent utility and miscellaneoue empAw" oewa rA at a wemmvimim No "I I a" placement accounts and 24% for sear @9� �i NWU"CW atl&AW6il 0� issued from RFP #1202, a copy of w% op CprriPW ip MMM*d *Wrto V ]JI111jilk "A "„ 111mv M hereinafter provided: A. All references to the City of Lakeland shall badeemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Lori LaVerriere, Interim City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742 -6010 / Facsimile: (561) 742 -6090 Page � SXAIAGMT �doc 44 of 703 Copy_ Jama&,L ELLLA [1y ley Gore& 4:njiML pjp" jk ftgl, PA. 3099 ■& Uwrwerr W Revr ward, Suite 200 Fort LMMEW FU 61-M Telephom: MA TI1AM FacARM: M4077 -M3 C. VENUE: Venue for *of (fix -*& k Palm Beach County, Florida, in the Circuit Court of the Fifteenth Judie Etimit D. The e-mail proposal fro m PENN dated October 24, 2012, is attached hereto Exkiibit "B ". Section 3. In the event EM ■e all @F[AAWwwA Contract is amended, or terminated, PENN shall notify the City within M (i" dM IN do lRent the City of Lakeland Contract is amended or terminated prior to its erpiwliM leis Canwak shall remain in full force and effect, and not be deemed amended or RM&EEk �M wally amended or terminated by the parties hereto. Section 4. PENN 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 insuranoo agwinA W6A mwjAe that the Certificate of Insurance name the City of Boynton Beach as an addiftml boraL Section 6. In all other aspects, the terms and conditions of the City of Lakeland Coi'Rract 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 partiel have set their hands and seals the day,and year first written above. AT'T'EST: Janef M. F&& ft VAIL 411� Riot APPROVED AS TO FORM: Jambs A. Cherof, City Attorney Page 2 S:\ k4MT84PJffWk PLINNO -ftm OPWPf doc R CITY OF BOYNTON BEACH, FLORIDA By: Mayor — Mdrow L. Hay 45 of 703 WFTNESSES: PENN CREDIT CORPORATION BY: Print Name: Title: AITEST: w, SECRETARY Page 3 s1cXA,0WMjF6 ■rrMANi.c 46 of 703 � I AGREEMENT BETWEEN CITY OF LAKELAND AND PENN CREDIT CORPORATION Page 4 SACAPLUNITSTiggyback (Lakeland- Penn Credit).M 47 of 703 IERVICES e iv PH (h Merrafenedtosa .■ _ _ a Ized and existing under the taae ea "Ci sci tor', as of Monday 11 B �. 1L8VAMLk.jD2, (RFP) to engage Tams that MOW der, stomnvater, end solid 4d. L ■SC-3 I MMEMMPWW IRapoaal'y In aacardarma with the c d and declared the C I.M r A a r aao a nonexcwelve coMrad d, �■■'' , IRol1!!�h certain dehns, a marts or other I tp �8 JIM a clb& Wrvioae and/or amounts ha aI%, ble tW NMI - • - � - a fter ed lath, It In mulually agreed Sa m, M , dF pllance with all applicable faderal, I r for all ressonable expenses, to C Valid mid lagaly enforceable debts, r ly with al applicable federal, state whanavhr requas0ad I. close by an which a ClaM Is based: the a oared. It dlrtererd from Creditor. ■ of the Agreement la imald or tear err effect and shag net be affected by /1 MR ilk !light to enpege other sones in the Iths. IN ore end oselgren of1ha pard. ■ n efforts On ono or mare Amunfe, my request the return of auN r Axx>ounls mce so reWmad, 7. hear purauem to Hts Agreernmt he attaohad lame and wndltlons. fully and effectual es If they were m+ Is it shall be construed to include the time by mu the anger agreement tm4 6y mutual BgrBemam and tk TII� {#III1111111II6: A. lk&Maflr■OW&NYY a ■. wwn�■wtl�■i wI1111�n wAwIR 1! 0 II■IwllAl■l■■111■ rt�l�l AIlAlR N AI ■ga�ll■lal■p D■I111R ■ an III, ■1In MPMMIq dill a 48 of 703 x �e + e rwt r � eell�tt 811 Itttllk A1k IIlR talr 1 � ieeeee�ergeet w wtllor �It! 11�� x �GYOY11i111G L I teelllptPRllti chock, money order, credit card, rte, dw neat row IIIIIIIIIMtfYr w It hava'aRe aulho* to anwarse 4YttYlttlle�. Ived f.m debt... 2 • r eebh month derailing each payment NOW qW IVM a 1 f ISM iron of all payment arnanpement 4 . jilreillililiel to arlwyip Im eMtt of Claims Arced for raw ry wdh e W1 aelaeter8eYlri�llrr will corned rry IM00.1 ties on _ 7 t of .In the avant that no updalea M n k r twpar payments recal"d by Other 49 of 703 Ir � Mellon wR eeties tt�Yryr r w4 u atttR irl gar + :. rte` ■ d NECT' le defined as -Claim where the consumer he. temnnasd service voluntarily liM been laminated by the UNINYAgas pmvldm wIM the express intent, of the consumer, �ifIY1�YYW Wlhin 3 months from the dale of disconnect. In order to qualy as a'RECDNNECT, SW bishad at the exact some service address where ublibeafgea ware innlany months from the data of disconnect. Any variation w this definition shell not quarry A �. ne. !. ion Claim fumed over s Cob olor that rmuha in payment directly to Collector or t•1} rnetivea a$ a MOM of any offort made by Collector shall be defined m a aim and not 'RECONNECT'. These ORors am defined ea, but not Urnited W. • wice massages, 0Alela, eohadded payment Plane or any comblrabon of the on Claim tumsd m" Corrector that moults In payment directly to the uRity/ps; ally ms conform to tha deBnillon fisted above shell be considered ea A such, the i "ygas Provider may reserve the right to recall the Claim from c. ant "CSlmsvdll be eligible for'RECONNECTaI- R fi'TERMS t� a Axis of 18% for all Claims collected on PAR ple Art sow". GOONNIMMOOM IN r G fo0ewkg rate of Y4 %for all daime tot here been prevlouay placed with another ent Accnums) prior to refs ral to Collector. ■• ON Mftik P owthy and Is payable within 30 days following the bwoice date. Sorvlces will be a not bask when Credbi Client mwheA 8D days pmt due. Smvlme will not be sa r assaM 01 tss�l vkroMing balance k paid In full. If 200mrd goes mpald for 90 days the atoll Ono and/or legal proceedings; Initiated. Creditor agrees to pay Penn Credirs cost of m bmbm W*Ekg n -.bk attorney fees N Collector moat mean s robecton to mcovm any uApeld ii Ilan. Inwiras wfil be electmnloally haled to the Acooums Payable Contact specified —r Sei•Up Farm. * Y k ig M respect to the oblWOAa of the patios of this dgaaaar. R WARRANTIES OP THE COLLECTOR R d� M W dMillitor to order kite this agrvii the CIS 0. 0!n!®r d themselves with the nature and extant of the Agreemom Documents. the * d koeltty, and all local conditions and Worst, Asia, and low[ laws, ordlwM ItISR�NNIbslRNNwlRRrR arty manner may affect the coal, or performance of the 4Wxk conlamrplamd, L trBgeRR IIR JM 1140 Creditor written notice of all conflhds, errors, or dkerepences Nat they have NOtslt�ssw8a11b x DOaYm.nla And me written raeoiullon thereof by the CmdBor W lore CGlectar. Aa I�rer end authority to order Into this agreement and to execus and deliver the mguied by irk Alteefram, 4. ink, the CGkctor shall comply with all applicable lows, Nlas and regulations and slslssRSN1ta %and acbom and use only collection tools and method. which fully comply with Id regdatons. 'Tiae sisll siiY whatever Inaremce, Licensee and bonds as may be required by law and this Omar mqutromens as ere requlmd In order to perform this Agreemant is evidence of such Insurancs. Ilwness and bonds m tha Collector If a request for R. w Preto erry righs undm, ar Insraete In, ire Canlrect Oacunens will be blMlrrg es Nyiaen crosem o} the party Sought s be bound; amt spadficely, bd wthaut � become dueaM moneys ere duq may not ba assigned wlmou[ wAhamrt (except ot this reslr[cgon maY be Ilmisd by law). end unless specMGrly etstetl to me aRttly ni W en esapnmem, no a6Slgnmeni will relmae of discharge me amlgnor from m the COmreG Doohmerds. 50 of 703 0 Il Y r y I� t! ; MKE t fr dill" tY■Y� �■YIi1 2 �, ■Yyr o�e�.fy � A. tittil• � a dllAllAl� #AA r OWL � ��lIIlAlII dA�Ilt lIS1�11�1111�111*1l11! dlAt . i i■■�■Ieel�■II■Irla�laly I�II�II�F 71w1■■�II�IUI�f Alm ■ 1YaY �antl oarmhletl aaNgne. Nelnrer ifW te = r■■alyandi9arw of we Aamemant without cpnypt o r. T. 11�111lB , a relarenoe only. They do not form s a r Interpreeleann of this Agreement dll! dIRl�IAIIR!!n I [as) eawclated with the r r�llAl dared and treated as Aocaurda for any other Purpose �M vnm to any thrd party far Tliaal�� be ooneldered" and the I ow e. °may pert of Chia Agreement is deemed m be I—lid. Illegal. against public polloy, rord, yl W�Ii1/ ny a mun of bw, wa valWity and erdorosablnty of the remetning perm shag �y Yp Y�IYY�Ne. T. SAFETY ,M dll %MMM 6lAnply wdh we Cratlllore salary atanda I� l llll��RelSS W@1y 9tandaNs is inclutlad in Attachment o m °3,.' w h 4 51 of 703 rr :f u All noti®a and other COmmunkvr8on provided for in this Agreamem shall lelh to have been gNen t wu delivered Gr r t ram etl s. on td . rem owm graxed igh(courrfaraeMCG or Aik is Na tacsl mil. le hanamiselon to to ma For the Creditor For Canuaetual Noace Attn: Amanda Wiaham, Reverwe Manager Lakeland Elec* 581 E Lemon Street Lakeland, FL 33801 -2088 (883).834.1227, Fax (883).834-1413 Far Ooa stronN Notice Attn: Deborah Morand, Credit Management Teem Lead 581 E Lemon Sftat Lakeland, FL 33881 -2011* (883)834.1343, Fax (883)-8341413 For The CNlector Donald C. DonegherJr., Penn Credit Corporation 918 5orah 14 Street Hem.burg, PA 17104 Y. TERMITERMINATION OF A (year, eW will automshoaAy many aer IleaM yeart ne ft. �eee�� .bay (80) days pdcrto iha eapiration of.eid agreament otic e to ON other. terminate [+IInar thle Agd la wMla ar fn (� 52 of 703 IN WITNESS WHEREOF, the parties have. h—to set their hand. and eee the dsy end year first above xriu.. FEN *3ft—Zlell N Ct{F,OIT r TION Sy: I' sommommor� Coneld C. pbrisither Jr., CEO �— r e( � � ply opma its: rr« ,S—yam . -- aw i HRECTNESS: �n I 53 of 703 New Collections Customer Setup Customer: City of Lakeland Physical Address: 501 E Lemon Street Lakeland FL 33801 -2088 Mailing Address: 501 E Lemon Street ■ __Lakeland. FL 338J1 -2088 Penn Credit Rep: Donald C. Donacher Jr. Client Type: UH! Rental Medical Other Software Vendor! Version: Commission Rate 18% First Placement Accounts ■ 24% Second Placement Accounts Placement Type (please circle): Primary Secondary Tertiary Data Contributor. Yes I No Type(s) of Accounts to be Referred: (Please circle all that apply) Electric Hospital Rental Property bw bootors Office Other. Clinic Web Collections: Yes 1 No hjkjjWF& Upload: Yea / No ��f YesfNo illevelmsat Email: smanda .wishemgDlakelandelecttic.com and eborah morand0laWandelectric.com N 54 of 703 A iM edipI um 9" If 0-"A I11-0-ft w6mliiEw 16 Smilowneboillsi OMM OM Mr6 who will be uploading dialifillt dkwwwr OMPNOWUPPINI� V" M 90 Days User Names; Name: Deborah Morand Contact PH#: 883 -834 -1343 Name: Stephanie Floss Contact PH#: 863 -834 -1338 " Contact PH#: ldaY�iairlirrGfr•1�h Eowrl■el�f�YM!!M Iwlleww e41!!llllrlAlll� X We �� M�Report innirt �� WaY - -� YarrrlrGsyable) ■ R_ 9i� ■ MMIMA AMM�IIIM�IIMR n� �YI'llijAMm Report *YY�iI 6aMrtYe it lLaimilliwounts) momm" BMMq PH: 883-834 -1227 FX: 863- 834 -1413 Emalki smandOLYOshaM@Iakelandelectric.com � —M Taam Lead PH: 863 -834 -1343 FX: 88834 -1413 Email: deborah ,morandfd#lakelandakrcldc.com Name: Steohani rite: Account Cl PH: 863- 834 -1338 FX: 883-83414'13 - Email: sfenhanie.8ossLliakelandelectdc com Name: Vickie Bo Mae: Computer Aoolicallon Soecialiat PH: 863 -834 -8331 Report FX: 863- 834.1413 Email: vickie.bovteft8lakelandelectri 55 of 703 From: Donagher, Rhea [RhetWonagher0pennareftoom] Sent: Wednesday, October 24, 2012 10:01 AM To: Ahbrendi, Jullanne Cc: TemPlln, Breb; Mennell, Philip;P% MR; Subject: Penn CWdit Corporation - Debt Gwlli l PINW !t ` Beach, Fl. to utilize Penn Credit's current r ' Rt FL l an semiceswill be provided to all Clry l 2 torsecond placement accounts beginnl MYK Thank you, Rhett Donagher T: w � F. 14FlSlel�! E: PWIIP@Pwk Up"Po4t i>iiidIiiiettiiiisents, files or previous snail messages lliiiiiiiii4lR tlt� or legally privileged If you are not the =�� >•!' IIIIIIIIIIIIIIIIII M Aby disclosure, copying, printing, distriEwyepaaaaaaaaf*W 1 �— 1 %w have received the transmission in n crow )t ertied! tiAellt�er't email and delete the origiaat transmiadLk! 0 0 in any manner. Please note ,hat any view �wli•e sttIIIIIIlt at of the author and do not necessarily rep• tlmmaiie !� 0 f &w&Wieck this email tow any attachments fop" —1110104011 liiiiiley for any damage caused by any virus t 10/24/2012 M 56 of 703 ' Page 14d■ c From: Alyssa Milo [ mailto :amilo @ci.greenacres.fl.us] Sent: Tuesday, October 23, 2012 10:41 AM To: Alibrandi, Julianne Subject: Penn Credit HCilo- lh caji� l5F%* IdFaGddW the City of Greenacres 1 , i10 0H —ar.— fl.us 'J. 11/15/2012 57 of 703 � I From: Alibrandi, Julianne Sent: NONE" M 012 2:44 PM To: Subject: FW: Penn Credit Attachments: City of Lakeland Executed Contract.pdf c From: Alyssa Milo [ mailto :amilo @ci.greenacres.fl.us] Sent: Tuesday, October 23, 2012 10:41 AM To: Alibrandi, Julianne Subject: Penn Credit HCilo- lh caji� l5F%* IdFaGddW the City of Greenacres 1 , i10 0H —ar.— fl.us 'J. 11/15/2012 57 of 703 City Comin )(qqtkhg Agenda C* nw- �! III■o� �a avieei.a a MAW are 10% wt p v" r fil! vl■171 "" a ar rlrr vreMaet Ire wi � � I ■ ■ r� on i� ' iii ware ewt a q Fmu. 15M ■tom I■.t @W ho 3ma haba ■e dleiar mart d m menin 9 s pfel of v! l "w omm ■ R u �� Tim ! ■ � wws*'— 9"w ft" neM Keen r-rm 9""M 4" !iiiis % ICI k dlhweI by 1a is erioe be awilil betide "v et{ivie, W Wq elfier Elp"R. ■ or ■E AWM W � M AW 701111111io i7, Mh le a ri d1sabilities needing or ti FRMW A" FMM■!! ! ! 111111111111111m asIdw han two (2) days 8 fer 110 11IF Ice ■ pity Hall, 228 S. ! ! �fA d WM -- M Y 177. , �� TDB (�� 4he Florida Rela ��, Ileeee Y SALUTE TO THE FILM CALL TO ORDLIN - J:H AAL PRISUNTATION - � !lrnation Technologies - 80liIIIIIIIIIIIII: IIIIJAPFN� §NhLpr%M 011FM% lTlctor) - learrdolliws - Real Field of Dreams N�� PbNNML&d MhVq�nd sponsored by The Sy - ilk view - FlTniche for Hollingsw� TbwisI') PROCLAMATICM - K,lMEN PI T COMMITT D ITEMS ■ _ T■'1 X111 10/1 din 1 L�ealee l Hol LLC - Lakeland &b*PW AMW Arv* j In U" Lmse Agreement with Publix - Lakeland Linder M ilif � Services Program Property - Alice Williams S 1• r■40M APPROVAL OF CONSENT AGENDA All items listed with an asterisk ( * ) are considered routine by the City Corm enacted by one motion. There will be no separate discussion of these iM I Commissioner or Citizen so requests, in which event the item will be Milipillillillill NJ" a consent agenda and considered in its normal sequence. APPROVAL OF MINUTES (with any amendments) e GO C■f� mil" r 1- h mor T REQUESTS TO APPEAR FROM THE GENFRAL PUBLIC 58 of 703 CITY COMMISSION AGENDA CITY OF LAKELAND, FLORIDA 10/17/11 PAGE 2 II. PUBLIC HEARINGS A. 09Mi illllllllll JbMiM Eluding) IL P9~ 41mW9; Vacating a Public Right -of -Way Located "" VP `! Wrtle Street, South of East Parker Street, East i• 0 I llillliiiiiiiiiiil�chusetts Avenue and West of North Iowa Ai ^i+e 1113/11) F%pawd 114160 Vacating a Portion of Callahan Court Fibk # -Way Located North of Lake Hollingsworth A McDonald Street, East of Harvard Road and C"- "P5 U�sat of opworth Road (1' Rdg 1o1x11) A. OmpiliqW 4161; Vacating a Portion of Palmetto Street OftlilihoMW 61cated South of Palmetto Street, North of the UM MWO rpartments, East of South Florida Avenue and 61O Orton (175 Lake Morton Drive) (1' Rdg 1orv11) M ra '4 ■a Mme ApWI of Planning & Zoning Board's Denial of SNOod Meiwllb %"ian Church's Request for a Conditional Use OwnbiGr owMmrch at 240 Fernery Road L @dial Mlftlill A fty Collection Alternatives a4fimillilC i EQUALIZATION HEARINGS — 9:30 AM IV. COMMUNITY REDEVELOPMENT AGENCY V. CITY MANAGER L Recommendation Re: L>i6Wmi &Ww Mo#6W Airport Ihstrument awmad Y Landing System (ILS) VI. CIT*+tiTOMOW A. Fft FlMng) - NONE B. fir■ PrIMM h # -M2; Joint Participation Agreement with FDOT H IIIIAMANA 0 �f Landing System (ILS) at Lakeland Linder OEM= mom C. mmsiifim� m4prb Za 16M w: roval to Negotiate and F%millne 11 4r■W &A Shortlisted Firms for Planpft blqilr EV D I4ofessional Services VII. FINAJd(;E DIRECTOR M Appropriation and Incre= in Estimated Rebenue — Various Funds Mti le for FY 2011 B. Appropriation and Increase in Estimate Revenues — Fleet 1 16 Management VIII. AUDIENCE 59 of 703 ■'rT SON AGENDA QITY QV L FLORIDA "owl * PAM e IX. MAYOR AND MEMBERS OF THE CITY COMMISSION X. UTILITY -CONSIDERED AFTER 1 PM UTILITY COMMITTEE MEETING A. ii1rrrss - �iC!• B. 11111661111110116" - I43111111116 C. w Warne re: Rail Transportation Agreement with CSX T . , Inc. and Indiana Rail Road Corporation I% Koval of Utility Collection Service Agreements M ri Cbdit Corporation and Online Information �o w: JWesm d u% 5wAomb Toohnologies, Inc. to is wisis CMe" dMos" WKh" Mew* pw. Sohn AIN" t v* 01" Cases, Inc. for the %V*M rf Mash Unit #3 L W7! re: fZW;; 0 Y Substation Power If� = J 111111� ■: Tak Order with Chastain S A ■Vineering Services Relat Tafte XI. CALL FOR ADJOURNMENT �qF4 9:1� r 'tt V (CC Conf Am) $ Ian) 10/17 1:OOT'}r `. a WjMp0d�mber) 60 of 703 X -C -2 OCTOBER MEMORANDUM TO: Okl KPAND CITY COMMISSION FROM: CITY ATTORNEY'S OFFICE DATE: VdbbK 17, 2011 RE: 0 a Service Agreements with Asww C Ca sw-..- Information Services, AResW Meets 111jr wur consideration are proposed agreements with Penn Crech C■11rvWR 0 Gdit) and Online Information Services, Inc. d/b /a Online ColleMOM wry U 0wwide services for the collection of delinquent utility custgm r evoiliq r*Iillilipill r unpaid electric, water, wastewater, storm water and solid MEWL $R 4W 7, &1, tv City's Purchasing Department issued Request for Propiml OM Il MM ■ icit proposals for services related to the collection of delirmM" Z% alt asesep0s. A total of fifteen (15) proposals were received and two N Rviiiimb�ujWed by Lakeland Electric Staff. Both Penn Credit and Onlir! � 11i4 ■&&U on an evaluation of their experience, pricing and. delivesblee. & Ability to provide credit reporting to all three credit agencies wr Number of personnel dedicated to Lakeland Electric accounts Manner in which skip tracing accounts is utilized to locate customers of delinquent accounts Availability of training to the Lakeland Electric staff v Vendor performance based on other clients L Vendor stability based on years of experience Number of days to implement Lakeland Electric! ;x Percentage of commission assessed to Lakeland M8Uq 41• vendor upon successful collection Penn Credit was select ■T 06 Wpililillilit AM Iwnd 0OWk s for Florida governmental entities anise I= oW wilill be eft 4 j tdft4 ft wne technology platform as Lakelaw4 45jillift'p 46rft viiiMil QMM. ■, l& City and Lakeland Electric's current 21%M pd�, ys Mwrwrt ernssssful in reducing the City's overall bed dsiN eeesuo* 44 wM qW jpm#"W ty Jim the same technology platform curs" mW6iiij The term of both Agreements shall be effective for a period of one (1) year, NM approval by the City Commission, and have automatic renewal options unlM 61 of 703 otherwise terminate by either party sixty (60) days IW 1D Im ! the Agreement. Either party may terminate the agreemere at wW 1111ms WIlk or wRout cause by providing thirty (30) days prior written notice. It is recommended that City officials be authorized to execute this Agreement with Penn Credit and Online for the collection of delinquent utility accounts. RS attachments 62 of 703 AGREEMENT I0N SERVICES This Service Agreement ( "Agreement') is 'Collector'), a Pennsylvania corporation, an of Florida on behalf of its municipal utilitg October 17, 20 ("Effective Datel. Collector and Creditor agree as follows: WHEREAS, the City of Lakeland h al, No. 1202, (RFP) to engage fi provide collectioor services on delinquent util reefer, wastewater, stormwater, engage waste) and, WI M1 . - ft ♦ 0 #1 IRii! 1 Ioosal ( "Proposal ") in accordance MOFM terms of said MW No I@M end, manner prescribed by law, has determined and declared the Collector is i Ir rurirrorie@rMlated by RFP No. 1202 and desires to enter into a non - exclusive contract lif IIIIIftM dons more particularly set forth below: and, �, #df WE& 1b rllynit to Collector, each month, for collection certain claims, accou*Nm+ evidences of m gplpl@ll Q§FV " mod "Claims'), and WFVl ■ provide Creditor with collection services and/or accounts iar� managemenilinusim wrtir oeid.Claims. '16Mtr T1 610, Opininnd irn@@nsideration of the mutual covenants hereinafter set forth, it Is mutually agreed and Breen ■e prix tuub ao furl 1. &affiw spinse SawwwAA6 - 'rte w elyd m mom" ort in awl#innw ruble federal, M = =l S. r ~ OM l Illllllbllri Lr al r ex penses, to 61111111111111 61111111111111 b@e, ' f�4 N is seal doe turn OWN si 1 0 r. Win atw. Y IIIIIII R BELMmadiiiii b VI11111ir wE reel Gillr14 edkeeable debts, tl t Arw 110 m, om bet M qon 9M 10 r l federal, state lorol err v�r roo*oor t looeir r dune is Irsrde, u1oommor o nIPPA rl to do so by �: �!1♦ �!� dX a : i] +f i , I'll ; EJL M �b based: the ■owenwi a/drwe of No !•ninannin it u�irewi On rir r w irt sl, iiiewnt 6w Creditor. L ilR f of m = 1111110 # ■ WD lrtIIIIIIIIIIIIIIII % invalid or , Om wnimninj pw*@iene @hell wmmin in fO funnimm d eff@eF and ehelF net be affected by IBM a" { TWit 03rinimo w Ad Lokelend iLMe@IMw reeewee the % erg# MWF entities in the oboe& So 4dleer will to aLr�eeerrl@ � 5. ilk,�SM�oftheparties hewie. 6. ft ■e rti! lidll� C aat � 1141/7 �r atii� oo � rr mere Accounts, rt V ft SON ewe f rte 1% rrurn of such ireenreY rilf @ry tihrirrrwris orrr sr ntumed. d. 7. lIll 10 G1! 1■ 1 fir ■ IIItIIR # Ql� {�� ■ S Agreement Owl 60 in m om bwr♦@owb 411"Mmien@, if wr}wt torws end conditions. = # ad hilt aroma iA ■ 11• ialir■ an art idrrl iii& if they were @et NPA hereM. Ther nimminim -ft "M V e@ed here/@, and" in �e include the beers rd r@rir@. Tl�i.i�ur@rery it terwo sod reei@rb eei�i@ `e �e agreement i r9W V 49PW jr rlIll 1t m 00 0 W �ment and in TERMS AN "in+w`w'iw'" z The parties aae ae Tstlewe A. GENERAL. The Creditor mmy refe B. RELATIONSHIP OF PARTIES. Cdeolor eOOOee L amps" luer leans necessary to represenlCooior in collecting all Claims referred for collecti & I it it moon/ r rrdnoimW that all Claims shall remain the pmp@4 d Creditor and that Collector is acting as r@ reed d 4udir % 16 umER 0006ror in it management ofaccounts receivable. 63 of 703 1. coma ar RPNWW to "own 2tF %ws tir siifitirQ 06 M r � d o be* } � v�IMww�1 plsse�++e�te tre� M no aiwas, Lie�irt M+lwrr�sy � mamma and adios of wlMwes or dianda. L FiF' y ! Ft ml� MM��ir grry wr& F MMOWe. b 1b mgr h rrgrd�sf riwlws�ihwwiM a Modeft pe� b affin M d1M �yF ■ CaMaatrrd 1 ftiM b FAR iiaa, A& n Yarn Male --d r 4, '" W*ft 0 " 1� s O! Fi �� ! M fly a 4F � IL JMil.aste�ernd "go"" Ih y s�s�e� � F■1 � � �i�F �b ,rll ■a.r... lu 1p�ryr Tho EL1 Z he his nIwmar is **Now I N � 4100" go � en �ld�ed +teams F� 40 e I� Fart b Fhq Lal6irr ri v�s�irn am. pirammwt Is Mw *a—& its l pmemem, i.an Mlwwad Nola 6rs*W. s• ft � 0 M F MW FMraatl Ammaws it arm --r dw `bow institute aU aaMws VA& mar am* iR "*mom eFffly dew VM M i I ii Fitii 4e dreditor. Any FiF�1F� � ad dLmA b L rrband i. 00 CO-Wo "IMPOW, *wese" is the jPrms of this IN—rt, eFAit be mom t1 Ftl � - DURA M "IPPINNI MlM 1. OtettF� M 0 1 referred to Collector will be referred for a period of 12 months from the date alMetMrrel 900M M 91M will automatically renew itself on each anniversary for a period not to exceed mix 9e N" MRW 01M unless Creditor notifies Collector in writing to cancel the claim. Creditor RPM 00 and @M M PRIMPRIM Collector less than 12 months will not be referred to any other Collector. 11 C01100111W qff s taaeeee fly lommunication with debtors if Creditor notifies Collector of a dispai ` Cwft§ r•sosae tene" to Creditor any Claims based on questionable circumstances. SET" V t . t. 1'■ FJ•r Y■ milI1111la r unt due og a Referred Account nor institute mom � amt hout written consent of Lakeland Electric. L 949 Fiii ■ mom to 60 a� Fiin FJri the Collector any Referred Account that � Lwllom on the Referred Account within fourteen Ft71� dF 1NEW be Yiir. 3. 41■ Y i be ■ Y F ii.ir S .A. i6 M4 1� b 1StRtNNN ■ tN■ �. ACOOMM P I. Rid, Saw rim, GwsMwrie whseh, A" dMIN M other acceptable payment fonTF M al OW � atdtaitt r whom* *a* ewtwl andsre ar otha negotiable instruments why M i SM 1iM. 2. 5 1 a a fmamo is Om i N a monthly electronic statement to Cl� Y lliaM IdWft mach payment ■ra O ' al ri CsMasisr's wGee me well as all direct payments made ■ Q�1 Y- 3. aa�aalar aYraNKwaMaq in monthly electronic statement to M Fir i' it 01116i arrangement wawafwwada an psteeeOAccounts. i daairrsd M! @aditar, psNsstar agrees to acknowledge the MM ■ F' iii halo W& PaYWr rim an ■uralad It is understood and agreed thFr t9IIIII�IIIIIir9wI riaaa ■minum ulLin 7 dop a**e sent date of these acknowlecl �. IM 0 �R 11 afi ramemaN 1W RdAmiAr itrs armed that these Claims are correct m"Pft Fry 11th ■ �� AWL a a commissionable event. 64 of 703 Mlt»sm�les�wlrs� eta DsMwMlew. A 0E@Q"WVr'■ X40- consumer has terminated service voluntarily ar wMiere w " We or der with the express intent, of the consumer, m, at. In order to qualify as a "RECONNECT", w PFW MW 4M ■ 7 address where utilities/gas were initially 101101. 6 tw" try variation on this definition shall not qualify a "40 0MMGCT ". Y*e haliawa. lW 6W debut WkWUR Claim turned over to Collector thlt � U Collector or 10 R ■ EkbiwMas as a result of any effort rude *Y QeAw0p wM A he Riefined as a simPmMuMmut010r 04ft awd not a "RECONNECT". Theal dAAAE Ab AA so &A mot limited to: WMw Hamm adr mitt messages, smalls, scheduled FVM" pleas w V14 eerebiaation of the �s IAAR�i Glaim turned over to Collector that. ?I pID utility /gas conforms to the definition listed aYrr.�ieA Ysi a w 7 ". Aereeeh, the utilitylgas provider may resell 0 = b rjj I Oak Trom C. 4% +mil F� ■aims will be eligible for "RECONAAAAIf• Allmr H. COMPENSATION AND PAYMENT TE!! 1. Creditor agrees to pay the rate AT 1N IN ■ ■dmodSwN an first placement accounts. 2. Creditor agfees to pay the folloM M (F M ■ A ddlls Mat have been previously placed %§6*nW w r agency ( 'Second Placement AqJLEM fir■ aAod to actor. ` All billing is processed monthly W iA Mi fir. following the invoice date. Se immediately converted to a net Laches 60 days past due. Service reinstated until the full outstan� � k i M. I Mcount goes unpaid for 90 days will = ll be referred to collections ar =I AIAIAII Creditor agrees to pay Penn Cr collection, including reasonable 4Ihb resort to collection to recover balance owed by Creditor. Invo= to the Accounts Payable Cont°T! on the attached Web User Set -I jp lift_ TIME IS OF THE ESSENCE Time is of the essence with resplib Le sbligeli r *Whogwiio of this Agreement. REPRESENTATIONS AND WARRANTIES of THE COLLECTOR ■ 4M 09 wl � "b 4 b enter into this agreemeng M Y A w ■■ following �� VV � t 11■ � M � Mw&� AL So uLm mA wiaat J Iw almomrrt Dommumm on M 1 1 ID �. Ob AMr dr rA Leah umMm mW Ahmh maim, wad hoW laws, wrimmw PR Aw� M 6 EW rAAAA■ r apJMd96&sw t or of la v&* wrriwapw. wl. 2 . IV A! 195 AD VL Yi adhia d d so , wWy w Awep aiar tlwt *.y *mess 11A 1110 willow mmmulm ■Waf 4 1 iaaiiaris IN Cnilaalw. 3. 9 W SOW 0 ad6r M Alb agiooaiaat mw he arwwls and mews 6* 4. VFft will 91 0 i MCI 01 oppleAs hisiw &AAmW n rrlations and S)'" * MONO M �" = Id! dR AAAAAAi ■d&M A a &N& 01011a ldyrcomply with all f1pMM ASlewA, *ft ft Mnlations. S. The Orwdlter 6FR0Ah @M fiver insurance, licenses and bc= ■ if& le raiillmw iW iaw and this Cerrtrwst aid whsll 1100 or 0 ftr requirements as are required is kit b pWlbmr ft I pmm*R 6. TW OaNaalw NOR* prsMde 09 LwR b to &1061 1ir t s request for Ruh wwmw Y '� f YoraaiS11MSwwi by' P." Iwwla any rights under, or interests in, I0whillow aW pd* irarM® yAllimmili wiA1aa consent of the party sought to 0 g�� = Mj a was nwo" iVtowbumme due,and moneys are due, m at b So a" An A& &W d Ns restriction may be limited by esslimr)i is any uaim aw &M to an assignment, no assignment wilier or RI Lk it rospasAW GA Contract Documents. 65 of 703 WNUE r M11 X111 MMES GO Ml iMMiIMM1. "Ibb" gmwrtsl, ma sowed bmawmimm= v& i1e M 4 1+1 El• EMV41L'i W dr M ! i of iW Pm■aniM noy tEillide Im ile W MK 1I■' ONE Al M"W *06E "I'll # EMM11 M 11: b PIL Ear %1& Y rsrbr ■e Wd" OM "rQW 1'qn fig Eta 1, Eoot■'rte Wpa 4i K INSiiMWI*4 NMMOO MITION 9. T*s 60sstw W— 49 -M MMM IR totes ft" Or or M40 i ■ M6 oo Expense, the irwsrereasrsseet taMt*i�t Adlsetseerrt'M" wtMehyey�r� IEEE 2 Ttw Ostlsslsrs�tsss to swt*lE ntllrt lMte IlIttEE1Elr�! �nenti� Frans" mods perFst oft nosi 111 DEMENT IMMOMME DIVE E&M &Me blimid J6r1 ssoiute a default under this Agreemeal 1 P1 M I 1 1 blissimpl6bankrupt; (h1, (ld6 it tarioota emos iddinignment for the benefit of its creditors; or (c) Collector fails to comply with alyeitEotnos, ..� psovisions of this agreement. If, during the term of this Agreement, Collector sMI Eb■ � E &EEgllosnt, Creditor may suspend its performance hereunder until such delinquency or � M M E0000 Mvided, however that no suspension shall be effective unless and until C000l%ilo � 1'1olli lRcolault to Collector with at least five (5) days to cure such default. If Collector Elm 11 GM of default; Creditor may terminate this Agreement and pursue such remedies al oo ■ I♦ig M ■ it Equity. In the event the Creditor terminates this Agreement pursuant hereto, uW roopt EM! 41RI1ElEEE EEtice, the Collector shall immediately surrender all Referred Accounts back to tlipOQiiilloEg M M EE MoiEo collected less fees due the Collector per section "H" herein. The Creditor shall nOM IlWtE n El000rW 41ny monies collected after the termination date. The remedies set forth in this AEjF@ra¢RIEe WLW1 E WEI Ebt exclusive of any legal or equitable remedy otherwise available to any party. It OWCESSORS this agreement shall be binding upon the parties hereto, their su party shall assign any of its rights, obligations, or duties under to ent with out express written consent of the other party. HEADINGS All section headings contained in this agreement are for the convenience of reference only. They EE In WS a part of this Agreement and they shall not affect in any way the meaning or interpretation of this /IEEE; Q. Et FIDENTIALITY ny information within the accounts and other information (persomillow willin s" aseeeilMed q"dM l,ccounts such as people's names, social security numbers, etc, 9W Ire swrsidwed acid h%M@*M Ionfidential. The Collector shall not use the information associated with lira Awrwsrdsdw nq N&W purr ovoi Iran the Work. Nor shall the Collector disclose any information rep— ihs lnsssmie twsrf.MNO P" fw ■ny reason oilier than for the purposes acsociated with carrying ost E.e tittterh. In COIAMMOMM1I"11 TM J@WMMMd Mown and the EMM iowommA. S. SE� I this Agreement is deemed to be111» [icy, void, o - 111=rt of law, the validity and e hall fL SAFETY The Collector agrees to comply wtih Og tlltEo� ■ — Cry c listing of the Creditors Safety Starl" 084MIJIM" fillog lE W agreement. 66 of 703 1. 1111 m6m wiwiWoremwmaieetion provided for in this Agreem Ir loan bow ti wiww dwwered personally, by registered or certified mail, posts 10 paid, by a rew . w MA#d wwwwr wrvlce or via facsimile transmiss[MM For the Creditor For Contractual Notice Attn: Amanda Wisham, Revenue Manager Lakeland Electric A01 E Lemon Street Lakeland, FL 33801 -2066 .(863) -834 -1227, Fax (863) -834 -1413 For Operational Notice Attn: Deborah Morand, Credit Ll F01 E Lemon Street Lakeland, FL 33801 -2066 (863)834 -1343, Fax (863)- 834 -1413 For The Collector ponald C. Donagher Jr., CEO Fenn Credit Corporation @16 South 14 Street Ilarrisburg, PA 17104 Y� TERtMWMWWAMOM *F M1ll4I0. MN 11111111111IL M INAW atically renew iWW each 1111IMPOMWIN p � = 9 WW06= MW&pior to the expiration eFeald qffiamMM. P" 0 W 0! M, terminate this Agreereenift rrFmWw InAK r jqw� !may 67 of 703 1 ■ ■ ftra IL IYMw1� A� rpm @w r � (Corporate Seal) 68 of 703 Customer: City of Lakeland Physical Address: 501 E Lemon Street Lakeland, FL 33801 -2066 ■ Mailing Address: 501 E Lemon Street Lakeland, EL 33801 -2066 Penn Credit Rep: Donald C. Dona-her Jr. Client Type: Wfij Rental Medical Other Software Vendor: I Version: Commission Rate 16% First Placement Accounts ■ 24% Second Placement Accounts Placement Type (please circle): Primary Secondall, Tertiary Data Contributor: Yes / No Type(s) of Accounts to be Referred: (Please circle all that apply) Electric Hospital Gas Doctors Office Cable Clinic Residential Telephone Wireless Telephone Commercial Telephone Internet Water Rental Property Other: F Web Collections: Yes / No Col lectios� Acknowledge New Business: Yes / No Acknowledgement Contact Email: amanda.wisham lakelandelectric.com and deborah .morand(cDlakelandelectric.com 69 of 703 If you will be uploading collections file via the website, please list users11111111111111111111111111 iAP1111111ading the files. PasswoA err jpv� ale one): 1$` login 9Q l;WN Never User Names: Name: Name: Deborah Morand Contact PH #: 863 -834 -1343 Name: Stephanie Floss Contact PH #: 863 -834 -1338 Name: Contact PH #: Customer Contacts: 1 : _ oss .lakelandelectric.con Administrative Contact: Name: Amanda Wisham (Contact for High Level Issues) Title: Revenue Manager ❑ Receiv %Billing PH: 863- 834 -12 X ReceivikAcknowledgement FX: 863- 834 -141 ❑ Receive Monthly Production Report Email: amanda.wishamna.lakelandelectdc.com (Must have valid email address) Secondary Administrative Contact: (Contact for daily issues) X Receive Billing • Receive Acknowledgement • Receive Monthly Production Report (Must have valid email address) Name: Deborah Morand Title: Credit Management Team Lead PH: 863 - 834 -134 FX: 863 -834 -141 Email: deborah .morandalakelandelectric.com Payable Contact: Name: ible for Accounts Payable) lot ^mmft Billing MM: l ❑Ftodo Acknowledgement ME: =#1% ❑PWOW Monthly Production Repoli 1 : _ oss .lakelandelectric.con JFO�ble for Sending Accounts) TA& L11111MAwAvUlication Specialist 00eee0q Billing PH: 63- 834 -633 _ ❑ OrWi9l Acknowledgement FX: 863- 8 34 -14131 ❑ Rewire Monthly Production Repoil Email: vickie .bovte(c�lakelandelectdc.com 70 of 703 Page I Alibran Julianne . IsIM PONU■onhPaIlWenncredit.com] "UNEW, for 14 a17 TIM* AM islllni% Julianne No 7earhig Brett; Mennell, Philip; Foley, Tom; Latshaw, David 1110WIjesk %mm Eldit Corporation - Debt Collection Provider Hi Ms. Alibrandi, Penn Credit permits the City of Boynton Beach, FL to utilize Penn Credit's VAW*e t' of Lakeland, FL as a "piggy- back ". Collection services will be provided to all ' as }b a 16% for first placement accounts and 24% for second placement accounts hawnbg as f ewsaW er 4, 2012. Thank you, Rhett Donagher Manager of Sales and Marketing ��■ X003 TItY NEW � - -__ -, W w 101111OW 111r '111W AMW % it 6W n � AN ir ONIME" A ITyiess are mmmlw I'm = Ley >iaw "air bsw% mvym& lei i m O � Ir�r► is '�� I�'in bm S OMWMA ...m . m, oi'llt� � v � � �....n �fl mw, (P °1 1 1 am* W W A&M OffiNd oath 6811e1E do erim so ai MW&ROsAs WNLD* Oessha OF NWW ve OW mm am& to Nor WON"" his g7aiV Ift ftr GEW M Baby W6&M a' 06 Abet Mal U net FVgNEr '1 J= If g • , tiEe 00 OWKI t &WSW qbI* 101 WO AN EW pia at ar Paeen "44 �l 10/24/2012 71 of 703 6. D CONSENT AGENDA December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Approve request for Sidewalk Cafe permit for The Little House, located at 480 E. Ocean Avenue. Applicant: Chrissy Benoit. EXPLANATION OF REQUEST: Chrissy Benoit, operator of The Little House at 480 E. Ocean Avenue, is requesting to place four (4) tables and sixteen (16) chairs on the north side of the restaurant, along E. Ocean Avenue. The restaurant has a current business tax receipt for 59 seats. Staff has reviewed the application and found it to be complete, determined that the seating layout as proposed will not adversely impact pedestrian movements along Ocean Avenue, and therefore recommends approval of the application for permit. The Community Redevelopment Agency (CRA) Board reviewed the request at their November 13 meeting and recommended its approval to the City Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N /A. FISCAL IMPACT: There will be a slight increase in the annual business tax fee. Any increase in State Sales Tax Revenue Sharing will be negligible. ALTERNATIVES: Do not approve the Sidewalk Cafe permit. 72 of 703 73 of 703 74 of 703 75 of 703 1 ti 1 OF N OF � 1 { _ ''L • r 1 •� r _ %L. alai Y }'�•�•' ,oL' 1r.•.1+ ��•''' � {'r �.1 ' 'r C - , 1 r .. 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E CONSENT AGENDA December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: PROPOSED RESOLUTION NO. R12 -124 - Approve and authorize the City Manager to execute an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to continue the Fire Assessment Program for the FY 2013 -2014 budget with the scope of professional services and specialized assistance in the amount of $17,500. EXPLANATION OF REQUEST: This request is not to make budgetary or Fire Assessment rate decisions. Instead, the request is only for contracting with Government Services Group, Inc. (GSG) to assist the City with the City's Fire Assessment Program for FY 2013 -2014. The City does not maintain the technical staff to obtain the property files from the County Property Appraiser's Office, to provide the required specialized analysis, or to upload the property files with the assessment rates back to the Appraiser's Office. This is the major need for which the City contracts for these external professional services. The City originally initiated a seven year Fire Assessment Program in FY 2001 -2002 through FY 2007 -2008 with a sunset provision in FY 2008 -2009 unless continued. At that time, in order to continue the program, it was required to implement a new Fire Assessment Program beginning in FY 2008 -2009. The Commission also approved the Program for FY 2009 -2010 through the current FY 2012 -2013. The Commission is required to approve the assessment annually during the budget process. What Is The Fire Assessment? It is a non -ad valorem special assessment included on the annual tax notice that equitably allocates less than 50% of the cost of the City's eligible fire rescue services among all residential and non - residential property in the City that the Fire Rescue Department 87 of 703 protects. All such properties are found to be specially benefited by the provision of the fire rescue services. The Fire Assessment can only be developed to cover costs of the Fire Rescue portion of the total Fire Department. Therefore, the cost determination must exclude Emergency Medical Service (EMS) expenditures of the Fire Department to determine the assessable costs. In turn, the assessable costs must then be allocated to property types (residential, commercial, industrial /warehouse, institutional, and nursing homes) obtained from the County Property Appraiser based on the percentage of calls to each property type. GSG established the initial methodology and provided assistance to the City for the first seven (7) years of the Fire Assessment Program. When the Program was planned for extension beyond those years, we solicited Price Proposals to assist the City with the new Fire Assessment Program. We selected GSG to continue with their service due to their familiarity with the City, proven methodology that stood legal tests and lower cost to the City. GSG's scope of professional services and specialized assistance in the amount of $17,500 has remained the same under the current Continuing Services Proposal for the last five (5) years. The range of potential additional services primarily relates to mailing first class letters to (a) newly affected property owners ($327) and (b) all property owners should the rates be raised for the coming year ($41,265). See the "Fiscal Impact" section to see the potential added revenues raised at alternative Fire Assessment rates. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fire Assessment has significantly improved fire protection services in the City with the addition of capital facilities and operating and partial support of seven (7) full time fire companies. In total, the response time was reduced to just over four (4) minutes. The added fire stations and fire companies supported with the Fire Assessment are: Station No. 4 (South Federal Highway) — 3 apparatus bays, 2 full time companies — 8,179 sq. ft. — Operational — funded by the Fire Assessment. • Station No. 2 (Woolbright, west of Congress) — 4 apparatus bays, 2 full time companies — 10,000 sq. ft. — Operational — funded by the Fire Assessment. Station No. 5 (Gateway and High Ridge) — 5 apparatus bays, 3 full time companies — Operational - Approximate total sq. ft. - 41,132 including Fire Administration Headquarters, Fire and Life Safety Division, a secondary Dispatch Center, and Emergency Operations Center - This station will function as a limited City Hall in the event that the current City Hall is damaged by storms. While no additional fire stations are anticipated, the City is reliant on the Fire Assessment funds for the additional personnel and operating expenses of the above new stations. FISCAL IMPACT: Funds have been included in the FY 12/13 Budget under account 001 -2210- 522- 49 -17. How Much Is The Assessment? That depends on property use. • For residential property, the current annual rate is $88.00 per dwelling unit or $7.33 per month. For non - residential property, the current annual rate is calculated on a square foot basis according to the following use categories: 88 of 703 Use Categories Rate Per Square Foot Commercial $ 0.20 Industrial /Warehouse $ 0.05 Institutional /Nursing Home $ 0.22 What Is The Total Fire Assessment Revenue The City Receives? For the current fiscal year 2012 -13, the City estimates it will receive about $4.7 million based on the above rates. Why Isn't The Fire Assessment Just Included In The Property Tax Rate? There are two reasons. • First, it would require an increase of about 1.5 mills on the ad valorem tax rate. A homeowner with even a $100,000 taxable value on their home would experience a $150 added property tax versus the $88 noted above. • Second, there are large numbers of homes that pay no property taxes, yet they are still protected by fire rescue services and receive the benefit of lower insurance rates. With the fire assessment, those residential properties share equally in paying for those services. What If Some Taxpayers Can't Afford The Assessment? If the Fire Assessment is a hardship on certain residential property owners in the City, those affected property owners may request a total or partial waiver of the special assessment for hardship reasons. While it is a budgetary decision for FY 2013 -2014, alternate levels up to 100% of assessable costs are illustrated in the table below for the current FY 2012 -2013 budget. Percent of Assessable Costs 36% 40% 50% 60% 70% 75% 100% Residential Per Dwelling Unit $ 68.00 $ 75.00 $ 88.00 $ 101.00 $ 130.00 $ 152.00 $ 202.00 Non - Residential Per Sq. Foot Commercial $ 0.16 $ 0.17 $ 0.20 $ 0.23 $ 0.29 $ 0.34 $ 0.45 Industrial/Warehouse $ 0.04 $ 0.04 $ 0.05 $ 0.06 $ 0.07 $ 0.08 $ 0.10 Institutional $ 0.17 $ 0.19 $ 0.22 $ 0.25 $ 0.32 $ 0.37 $ 0.50 Nursing Home $ 0.17 $ 0.19 $ 0.22 $ 0.25 $ 0.32 $ 0.37 $ 0.50 Estimated Net Revenue (Million) $ 3.4 $ 3.7 $ 4.7 $ 5.5 $ 6.4 $ 8.0 $ 9.7 ALTERNATIVES: Not to approve GSG's proposal and seek other price proposals from a minimum of three firms. Another alternative would be not to approve GSG's proposal and be unable to permit the special assessment process to move forward for the FY 2013 -2014. Staff recommends moving forward with GSG's proposal at this time to allow the special assessment process for FY 2013 -2014 to continue knowing that the Commission is required to approve the actual assessment during the annual budget process. 89 of 703 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE PROPOSAL OF SERVICES (APPENDIX A) WITH GOVERNMENT SERVICES GROUP, INC. IN THE AMOUNT OF $17,500, TO ASSIST WITH THE CONTINUATION OF THE FIRE ASSESSMENT PROGRAM FOR FISCAL YEAR 2013/2014 AND THE POTENTIAL ADDITIONAL SERVICES (APPENDIX B) IN AN AMOUNT UP TO $41,265.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Government Services Group, Inc., (GSG) established the initial methodology and provided assistance to the City for the first seven (7) years of the Fire Assessment Program; and WHEREAS, GSG was selected to continue with their service when the Fire Assessment was extended due to their familiarity with the City, proven methodology that stood legal tests and offered at a lower cost to the City; and WHEREAS, contracting with GSG will preserve the progress that has been made to -date in the data collection /maintenance of this program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2 . The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Interim City Manager to execute the proposal of services with Government Services Group, Inc., in the amount of $17,500.00 to assist the City with the Fire Assessment Program for 2013/2014 and the potential additional services in an amount not to exceed $41,265.00, a copy of the proposed Scope of services is attached hereto as Exhibit "A ". Section 3. This Resolution shall become effective immediately upon passage. 90 of 703 PASSED AND ADOPTED this day of December, 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — Mack McCray Commissioner — Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 91 of 703 �. L�1 October 1, 2012 Mr. Barry Atwood, Finance Director City of Boynton Beach 100 E. Boyntm bomg &W. Boynton Bemk,,'L 1446@mW' Dear Mr. Atwood, 00 W �, hill, W- aw 0� misted the City of Boynton Beach (City) in A ■ 2001, and since its initial year, we have ti ilt �! WiliM oidy" so behalf of the City. F'�1<t, /F�� ■ �� tii � r �; = r i to 'sunset" M'■ IM11111111111111 if 11�1111 ■ ![If m IM f to use the ii■ iti t ti i�� id Vey s M ! dIIIIIIIIII11+/ fit program for 1 &IIIIIIIIIIIJ idprwafp ark Mw asi4 implementing It vesuaft aiwenva qviiiineb tamed WAw t to a . iw in wrsir*enance of the anwrd r wwrR arrr rlr w* wr bWWm iat ll+s wm* bomfli Jimm a seftnuation of our sswisa`. ■ ;� ■ �+! ti W I&MIllIkAmmb da~ thus far, attached as Ap POP"" #wry P001 w ark schedule to assist the City �a � e iwwa 1st RiseeFYser 2013 - 14. ! AMMOM m ! MEMbr governments at this time; therefore, we m! i iti% lllli� m lE W ffl�ill readae Sir the fourth consecutive year for wdsting dbdk ads%ar@arr "ob fr , iaVwrw Nave continued to increase. �! l• ti tti IN ml satisfactory determinatioA, MIM dF ■fm i !< ■ i m scope of services and to same pc O*W W6vM i dPwicopy for our files. As "I M SISM ■qNM [i[iR � 0 = IMMEM tisment season, we would appreciate your NWl R= � M & 1 � 7= �t tchedule and ensure the continuation of 1� �itiul recurring revenue source. 4'.' 4 - :T - r)r:. n. G , - 1 f.. 7 r 92 of 703 MMENErAMi2 NFE If you have Boynton Be i Sincerely, _.. Sandi Melgarejo Project Coordinator 93 of 703 CITY OF BOYNTON BEACH FIRINEWMANN55MMT PROGRAM ANNUAL Ml � rNM WbAR 2013 -14 94 of 703 MAINTENANCE OF FIRE SERVIC� I I - - NEURAWL Task L- fto *W*Mssmeat Program Upon notice to proceed, r i Wr �IEEI and maintain i1i1• EEEEEE W iElElllEll� f1i1■ i !J EEEllillifty to respond !�� if ■ i OW ! � M � of the current d11lelt+�i Nib ■ iMMI% M n■ I!i i "M iliedule for the �rpseai11� issal)rsar saer11e arbswase b ddldsaj d mMbm wa/ rM mAftin the current NNbssi �ea11 dalsbaa�ia aNnWW 00h aasauas dais 00111111111111 11 1111111IN11111111Wi M��P�Wraiser date to "MI" itie iiiMbi■e* ftWd esseamad AN br ■e aseeeets4 *mVwa►. Corrections 111119111111610 MOM 10 arplsd 1101411111 Nd lals. M hi M M.a11aie in.aMassment roil by In" ��l"'�bw iwieww ndw Is be daft mW alarralrg{ dw rates to the "481W wit of or M040AW. IN" MWAW� imillis Of Nw @W, i will 0modillb 114eeeeaarlos to assist in w4ma aadom am aseewaw lrs(raa11Flaad9L Task 4: WEE WIN i I S firma schedule of rates C7• IIIIIIII i an�! ids W 4WWW moments for the Fiscal Ybar �1 1111:� *Nib MEEIIIIIII W i EllilliEffiliEll M i1• i1! i i1i1i1i1f1. JPe City's legal ■ OEM f1i1■ Srlfififift 11t f Be existing fire W Imo■ Oj Nicisions. Task 6: ANN go REW no gill Moments for the adoption of the annual i 9EEEIIEll W !EIIEEIV Ir ! Messment roll in accordance with Section Mr ! M" d NNE � WINE rates for the ararssumM we M i rwdNa, 1w aeibe w■ Ile rates to the saMaaanal 1101. >dw lisa dais ape& #w reduction of TRIM MGM. Nail' srp011l6 fan n Wen wry be bappivA" a1 aae� q the Property W IEN I N ME Mddkd a 61 id 1>ssa NO$a " 1W A�p b leveloping the 111104 alsea as�ss•aal dOiNbrisa M a% sd6stsd pmpo Yp swaara. Task 7: � M i i d� W� M M M irrections and 1: fi• = Nilibi WE Y Weil diiiiil S Me rpdated data in Wd" b a11eeb WL aw ow wow■ b"W& d M M W =MIN soft ME M � iidt bEi d` ei Seal rdWwe+ tar rW ■salt / vi 111sasai its Ysi11 lh*a prw0i 11111 —L 95 of 703 FEES AND COSTS For the profs iig� ervices, GSG's fee for profs E i M li ement for all out -of- pocket i4111111� The fee for EMI !M ggggg ON giliffigiffilig a ggggggg ti• !40 ONI 0 =ity. Any on -site meetings mW OL ORONO ■ gg■ � NNW ggggg Oligggligglit � i � gated to on - site meetings wig Mh ■ lieu of on -site visits, perio[le MIAM 11141111�t The standarit Niggg gi Off M GOVERNMIAM � HIM M ChiefExectrM �.., ............... , a ... ..................... ............................... SeniorVice P MI& W ................................................. ............................... RM Vice Presidel :.••••- -..........jL .................... Senior Projeo6 ect Coordinator ...................... $60 Consuttant/ Services . .............................., 4LW Administrativl IMMIN6 ... _. ...... I .... I.. ... A !r � giggliggis ON iii miging imigimi W Is & � i aroorr� *owe OR proprdj WM to irrorrmeA rrro, girt rrwF ap�winidJ g i� 'o�ork g1r oNt •f � awd psdssiieM ..w M do* at i s rf eapp% r♦ of dw irlf.+..ssaamswt . sssNrlisw � irssrrreNh Fier risr+�er*�s w@"" Mobw 041PS "A +reeled@ 00 Dow WW" 1 =No Nor " mmiggimmi Pler go fF Lik ■� +iN■ 1wgimm gam►10 gow& $F W rgiviiiii ismia ggiggingai IM iy It poi f r4 mW a .r gym, WWWIq, NR nK �1 Ib �+� rrror — . - �geoie M +rri+Nr "A %11111 OR ■ !EEN� f in Iggg■ i «i lion from the property appraiser or other. P� g liw [� gr■�� (♦grams with an i i• ■ 0 g M � �� = = a veness of any i t� 1• i IN gs i dW ii+t■ a* provision for Eviiiiiiiii ii III! d• IMM i db Mir dbWI6x4* = wGUM gemewelAb, on an hourly gorge, gb.or� glr.�ie g�rer. 96 of 703 � SCHEDULE MU10llla Ab fF�� M ptwwa w..rw dow ii ANS ■w �rr111p +111 1+ w■ A �� M � �srllMs �Mai�ir■ tsee�e rb+s �q� sr Payment MW � 3213 bft it � ft *4,375 wq oi& M & sl br- #,375 irk i INN f � M- 0,375 4Mj%RPdW 2013 IM jj MMMMd" %r- X4,375 97 of 703 MWn b Awceed Mwawrbsr 2918 Oda.. Am. FM d• iWd P�y1i.i�MrYiM Jam I?943 hapsmaAmessment Roll i1 ass Notices Mipw 44dwomd Notice )a dmomminikft Resolution �IDW S MMA 7aor i 21 jai M � 97 of 703 HOURS AM � � Task Total Hours Thal Fa■■ T= RT a' � � JP'qJIq§PFlseel Year Assessment Program Chief Executive Officer $0 Senior Vice President la P640 Vice President ' $320 Senior Project rbrdinator $2,560 Consultarrt/D JIsais+ $ $1.280 Administrative Support O $0 Task 1 Total 30 $4,806 as m nary er�olr _ Chief Executive Officer la $0 Senior Vice President r $0 Vice President $0 Senior Project $ %640 Consultant/D 31111 A,120 Administrative Support 0 $0 Task 2 TotahL 36 $5,760 Task 3 - Pro-Forma Rate Sceneries Chief Executive Officer Q $0 Senior Vice President $0 Vice President ® $0 Senior Project Manager /Consultent/ProjectCoordinator 4 "in Consultant/Database Analyst/Technical Serviced 4 �fii0 Ad ministrative Support 6 �p Task 3 Total ■ g $1 N Task 4 - Final Rates Chief Executive Officer 0 $0 Senior Vice President 0 $0 Vice President ■ $0 Senior Project rdinator n o S" Consultant/D�, i 2 Administrative Support 0 $0 Tack 4 Totals Task 5 - Preliminary and Annual Assessment Resokedons, Chief Executive Officer Senior Vice President , Vice President Senior Project Manager /Consultent/Project Coordinator ■t $ Consultant/Database Analyst/Technical Services 0 Administrative Support a Task 5 Totals ■ 98 of 703 2ML To Hour: T o t al ILM vlww- n rm AmA firssr ,- Officer 0 $0 UPNIIIII&I■lesident 0 $0 as liasiisL 0 $0 flA W PFW Manager /Consultarrt/Project Coordinator 4 1 10640 ftemmAalIJ113ta base Analyst/Technical Servicqm ` $1,280 Administrative Support e $0 12 $1,920 e Officer 0 $0 31111FRW Resident 0 $0 Visaarsn"k 0 $0 f R� Wrdinatgl 2 t AWRMMWIM Support - t - Task 7 Totals Task 8 - Certify, Export and Tmnsmtt the Rnd Assessment R In Cordarmaao w n rm Chief Executive Officer ■ $0 Senior Vice President ■ t Vice President Senior Project Manager /Consultant/ProjectCoordinator 0 ` Consultant/Database Analyst/Technical Serviceb, J Administrative Support 0 Task 8 Total Total Professional Fees 108 $1; Expenses Grand Total ACCEPTED AM � = � A r City t� 99 of 703 4006-1 CITY OF BOYNTON BEACH ADDITIONAL SERVICES 100 of 703 �1r USITS AV sweq meetings may be arranged �� provided below. All exile 4R wings will be billed in accor ��, Florida Statutes. If neces SIM �Isisss, periodic telephone confers M to discuss project status. �GRss�wsl wW ewd lNersi Nsislsa s� � M I rem is K MAILING OF FIRST CLASS NOTICE In previous ywrs, Gkwe* wss qtr rss 1 51 IN M111111p MMs fa pie wstice of special assessments iswom l is a eps" *0Vot is pegs 111" 8se4tr. TWoomendownt to this special act provides q! We # *q WIN mW Ow why "pft ant ell roWm 197.3632, Florida Stag ViIiiiiiii; I IR aRlssI ft qft 40 40% 00 1NEROrM SsssiIIIl, the purpose changes or tr+Iiiss SsisissIg = �m rate. Because of *A* swnwdwook sad irssd [t gspesiwrs Rd& 00 Pslws Assist, bomp ApUsrty Appraiser's office, it was neyww Rr" @* the aoigr *0 siIiiiiss woM lils Woperty owners regarding thq pWW Vmw4MW VENEwrr fr Pfj 1006 pOWiL BOU42, and 2012- 13. i111111sew Ilia Iity be required to mail first i - 14, GSG will Eh VV city as follows: Assist dW Aa iw h eiepirK be" class notice: • hlwrrf * W 80 pi#wws Ills.wsiNwsis be mailed; and s Mail the notices by first class mail. ■Aft 6" 9"Awl w t ls me ' � k psrss of lompsrty within the seeeeewe m esir itldAe !'■��i s wegeg.vM h Includes all r*"PPI*t gWWi IMP 4 NEI` sissisiN� RM Fr wwF�� atices, mailing pry Try *IIIIIIIIIIIIIs 00 ssllissl�l rssissisliIi EP sissIslisis sisilississ W sIssissilIss MIN 110 If LL postage rates SAW ■ OR NEW W 1111111 1111111 r ROOM f mailing and W S a11111116inent. 1f�lR�.rl 'ffn� 101 of 703 NO RATE Il64C Should the 9+9 10 f Off PI' X1-14, first class notices will c1IjiIIIIIII mailed to n� M rT i -U information, the amount M ii.� that would i 0 M d_ M i 7! Th 1• loge. GSG's fee for mailing Mq Up M notices woullill 9&d4* INNTi RATEINCREASE Should the City increase the fire assesWmM mlll�1r in August 2012, the City would be requM 1 Mj assessment roll, the City would be requ= i M for mailing 31,500 first class notices wdlr■ M MPPEENIMM SMIMM ACCEPTED B 102 of 703 6. F CONSENT AGENDA December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 7, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Approve the minutes from the regular City Commission meeting held on November 7, 2012 The City Commission met on November 7, 2012 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 record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: N/A ALTERNATIVES: N/A 103 of 703 MINUTES OF THE CITY C�iWlillil NOVEMBER 7, 2012, AT 6: *PJL 100 EAST BOYNTON BEAM � S PRESENt: Woodrow L. Hay, Mayor Mack McCray, Vice Mayor Steven Holzman, Commissioner Marlene Ross, Commissioner Lori LaVerriere, Interim City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor WjiRjMk Uff B. Invocation C. Pledge of Allegiance to *w Fbg led bV ssioner Holzman Mayor Hay called the meeting to 94m d4 1::1 p.m. 111" 0 ave the invocation followed by the Plelp W J90JOAM ■ ! A !j issioner Holzman. ■ D. Brand Promise Statement The brand promise statement was readp,, 7 e I" i A win Beach, where recreation is a lifestyle ". E. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor McCray pulled Items p* S, IC, D, E dad J. Commissioner Ross pulled item 6.G. She also asked to add av1 ibrm mim" 4o Ou median maintenance along the Congress Avenue corridor. Mayer $4W fie" A eberrld be added and suggested it be included as Item 12.A. Mayor Ma giiiimiliiiiiill IL M Om 31, Discussion on District 1 appointment. Commissioner Hptpqnw ~ fer %Oher information on the possible discussion before he approved Vii a~ ft 84 Menda. Mayor Hay indicated he wanted to discuss the appointnrmft. %%VP H" aliim wanted to add MAIG, Mayors Against Illegal Guns, discussion as flew 2.E. 2. Adoption 0 104 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Motion Vice Mayor McCray moved to apples Ross seconded the motion. Vote The motigr X=wj 3 -1 0Qmi r *sioner Holzman dissenting, 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross advised she a" *a 1111111lipwr Ud dMwAbd 06 C*bw 11111111110sile Crisis monument unveiling at the Vets■ ShorUrrW Pail. Wo iblilmol Taw Kaiser for organizing the event. Commissi@W 1111114" ho else a %11111111@4"40 AA Exhibit at the Civic Center and thanked 0000f IV IM X1100 gild the art work of local artists. Commissioner Ross acknowledged the presidential elections as both candidates had highlighted the needs of the citizens in the areas of education, environment, immigration and the economy. She thanked the local community that relies heavily on the non- profits, churches and temples that work for peace and safety within the community. Vice Mayor McCray asked Mr. Magazine to announce it rwd In in htl at 10 a.m., November 11 Chuck Magazine, Risk Manager and ws Cw Liaison, advised there would be a Veterans Day program aft N7IE" 11' go Iraq War monument and special tribute to Pfc. Metcalf. It would bem+" fp fre p%W. Mayor Hay appreciated that a trmr w a pA v" Gqa• Agra it iv bus stop. It had become an eyesore anal washed w M wi4wwW. Merer %W announced Boynton Beach had won the Rer Or ft MEMO Ur h" Emi 0 over 1,800 children. Mayor Hay had also w%vj%e11 }re ale 4 Aeieer Hl+4'46 l mot were in the City and a good crowd had afta" The Holiday Extravaganza would be held on December 1 st starting at 5 p.m. with the 42 Annual Parade along Federal Highway. The tree and Menorah lighting would take place at 6:45 p.m. on Ocean Avenue followed by a free concert featuring The Contours, an original Motown group showcasing their original hits and other artists. Food and beverage vendors would be available. There would be free shuttle service from Federal Highway up Ocean Avenue from 6 p.m. to 10 p.m. B. Discussion about Mayors Against Illegal Guns (MAIG) initiative (This item was added to the agenda.) 105 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Mayor Hay explained the organization was currently supported by three local Mayors. Based on the many events involving guns in the City, he thought the City should participate and sign a letter of support. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce the cancellation of the November 20th, 2012 City Commission meeting Mayor Hay announced the cancellation of the November 20th City Commission meeting. B. Announce the cancellation of the January 1st, 2013 City Commission meeting Whio"ellation of the January 1 2013 Commission meeting was announced. C. Present Citation to Rev. Lance Chaney commemorating his 10th Anniversary with St. John Missionary Baptist Church. The Citation commemorating Rev. Lance Chaney's 10 ewwi*� r414 the St. John Missionary Baptist Church was read and presented 10 ll� ff.7mlafflaq a church member. A short synopsis of thgl Citation was read. D. Announce the annual appointment of advisory board members on December 4, 2012, for the Board Year 2013, to fill the vacancies created by terms expiring in December 2011 1 The annual advisory board appointments would bg_ made at the December 4th Commission meeting. E. Hear two presentations for Police Management Study. Tim Howard, Deputy Director of Finance, introduced Richard Brady, representing Matrix Consulting. It was agreed the presentations would be 10 minutes, followed by five minutes of questions and answers from the Commission. Richard Brady, President of M20k Qreup, was the proposed project manager for the study itself. ThA @Mw* Ih3 bW M Wsiness for the past 10 years with the senior management of the v1polimijiln mr" rgether in other forms since the 1970s. The firm was created 10 po@ @@Wlir people doing the work for in depth consulting to the client. ThiW fr amilmloWd 4wer 250 studies involving law enforcement agencies in 38 state% im"rN Of ehweies in Florida, some comparable IF 106 of 703 Meeting Minutes Regular City Commission Boynton hmm1g in size to Boynton Beach. Other members of the team have extensive expel 0 consultants and have been law enforcement executive managers in other depaNNIM He was pwW of fie d%* process that included in depth interviews and input from the clients, sUP ■7i 04m WiWoNers. There is detailed data collection and analysis with extensive *qWge#w ti wPVW ary surprises. Most of the studies have been staffing and managenWK UWW6L A&I VW Agencies studied were struggling financially, as well as bringing mwOrn Im rmft r nt to make it more responsible and accountable to the public and low o4broomwA personnel. Some of I]+e d4mPlIlle rpger* completed looked at I" irA%PrW 14gk4 bWeau and assessed On MWENINIMM V Internal affairs investigadWS WO a11W t= One at the internal aii irmI "Ooff {fir in field operations. 0vw1■r+ OE4 `d on the organizatbwl @WNwe " dwv personnel all worked %pfter. R dUrw owpervision was anotfw s s4arIlboI 00 targeted the sergeants mft 9=h sst Wn poople and provided d h M1 p*epie on a day - to - day basie. G+e erl* iced a real cowboy -tyo& ir16r 0 wRMAW ised people using strong.0'm i■■rlmll� ■ A rW following procedurm Th&T sir � e bit practices agency. Mr. Brad)r ribmsim! h■ m=W be actively participating in compiling the data and study results, ag wpA p%poelyct'rrr4wr±Mer, and be accountable to the Commission and Police DepartmeM it Ih! A NO completion of the work. Two Senior Managers, Robert Finn and brmT fir; woe have extensive law enforcement backgrounds had completed om" dhWftegaawalves. The scope of w" M r-ewpwe111lrensive and very detailed. Mr. Brady surmised it boiled down to - - .drb wr PMEA" A right services to the community, are you meeting their expectativ% hee 9kr 4w maces provided compare to best practices ands are the managers mW awfmmA rs pwi4ding the leadership they should to provide staff training and the ablift 0 Rsssi ft �unity's goals and objectives. Most importantly, the City is intere9le0 io IlligoWS %e ewrect number of people employed who are deployed effectively W N 10 W >d shift schedule. The City has entertained the notion of civilianizaiw wvd low qpw1+1 policies and procedures in place. There needs to be a balance dfprWftd+dA WW ire enforcement and being responsive to the community. The proposal contained an extensive task plan. The methodology is from the ground up and not from the top down. One - quarter to one -third of the department employees would be interviewed individually in addition to ride - alongs. The elected officials and management staff would be interviewed and representatives of the business community and other stakeholders. In depth data collection was a vital characteristic to perform the analysis of the issues within the organization. There would be an interactive process with the Department and parallel with the project steering committee to avoid any surprises. Facts, issues and the implications would be thoroughly reviewed to establish the alternatives for the final report after three months 107 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 so the Commission and staff would be aware of the directions to be implemented and why. Matrix Consulting Group, Inc. is p tww tfvW Winced individuals who have been law enforcement consultants b" aww 1pm Tw ewer 30 years. All the studies referenced in the proposal were 09M dm OF Mr. Brady and his project team members in Florida and across Oe leLwA". TMmgq M proud of their analytical process from the ground up, based on eilEIL& I1* IM AM and other representatives in the community. Finally, detailed implementation plans are outlined, tog &fmft ft Empouble parties to complete the plans, timing and cost savings asso &W wW M fie. Matrix Consulting had a very high rate of implementation of thE* iw� ap 11le%. Mayor Hay asked if there were any common issues that had arisen from prior engagements. Mr. Brady replied finding the resources to meet community expectations relating to services is a common theme. The analysis done would change deployment and scheduling of personnel, use para - professional civilians to handle lower priority calls for service and shift higher risk type calls to sworn officers. Being creative to meet community expectations with shrinking resources is the number one common issue. The second common issue was getting departments away from traditional law enforcement and being insular as opposed to working within a team in a community and finding ways to innovatively and creatively manage resources. It can be done with existing managers or new managers. Third common issue is providing proactive law enforcement and open communication regarding problems in the community to obtain results. Commissipw Oq4pw g W. Pmnr %r % Waring before the Commission. Commissi&W MBA r4JwSU I IIr O wY Ir way to provide an ongoing implemeriNgir pW m0w Ow gog" fer impbonentation after the study was completel. W. Mw milAW *e v w * a clan. After all the data has been collected ■ of MIniOm MoK Vu im� a Montified and compared to best manager ppu4"@. Tlomm pq g 5 ppgewww n levels used in law enforcement, both quAVAd" its tea. 11111MY fi>i11TiWdations can be implemented immediat *'D* }q doprMgnp* W00% thrq11 of in study and some changes would have to br vppwaml 1hrewO �w�',aawwrAaaiaw. CommissieweR w wew4@6 to understand how the bottom up approach would jive with the DTI MIMP 19 016 1EP. Mr. Brady clarified his reference to bottom up did not refer to the i is v r. % e# Jqq PWIre Department. His inference was to the fact the Group would noSsaio I1 vM pioYA&ived notions relating specifically to Boynton Beach. The interviews wW lliiiW =61W I 1p identify the issues associated with the Department. i 108 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Commissioner Holzman questioned how it could be determined that the irJwmmjw garnered would be true information when dealing with a very close -knit group wl rssrls and the fear or retribution. Mr. Brady mentioned that all interviews are confiddrrr ■ o supplemented with an anonymous employee survey so all employees he" ft opportunity to provide input. Due to the number of interviews conducted the •. be an ability to cross check information from one person to another. TN= I■ documentation that tracks what managers are doing. Vice Mayor McCray thanked Mr. Brady for appearing. He asked if he had any personal ties with any members of the Police Department. Mr. Brady responded it was his first time in the City of Boynton Beach. Vice Mayor McCray wanted to see some letters of testimony. Mr. Brady advised references were provided and he would provide letters to the Commission. Commissioner Ross thanked Mr. Brady for coming to the City. She inquired if he could identify agencies that impact the Police Department and if their input would be sought. Mr. Brady agreed one of the first tasks would be to reach out to community representatives. Staff may havc to assist in identifying the contact persons, but they would do those types of interviews at any time throughout the process. Commissioner Ross asked how critical was confidentiality to this type of study? Mr. Brady contended it was critical and the notes taken are for the project team use only. The employee survey is done online and has security controls. There is ongoing training at Matrix of staff to teach how to interview and maintain confidentiality. Commissioner Ross sought mop@ i4ewn0i" 7w tt importance of staff development, training and long -term maintenaM if af. A&. NOW agreed it related to finding the right individuals for the depart"w# d" r UNd nt, field training programs that match the needs of the commurWW, depa ! a" Individuals. It would also relate to finding tiny issues in an officer's domdoprwl wU messing those issues before they became very large problems. rhowt *q" t* k p9w type of feedback mechanism between internal affairs, discipllliy Xm ■A 00ing for individual development. Career paths and succession pWrmft 49m to be im place. Integrating technology is essential and early warning or inErooll1W did @an be utilized to detect problems early in an officer's career to vwd 40 firms MimTW affair investigations. Mr. Brady agreed to provide testimony letters NW weeft adOon the integration of technology into departments to detect problems r 0 �. Mayor Hay thanked Mr. Brady for his presentation. Mr. Howard introduced Michael Walker, presenting for Berkshire Advisors. Mr. Walker had worked in the business for 28 years and police studies were thFcore of his work. He had worked with agencies, both small and large and several in Florida. The hardest determination was to find what made each client unique to provide p 109 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 tailored result. The work would be done by a team that would look at the department from several perspectives. Renee Tinsley would be leading the benchmarking effort and JoEllen Coe the analysis. Bob Stewart brings a practitioner perspective and has practical experience to understand the issues and formulate practical implementation strategies. Mr. Stewart also has experience with the Justice Department and dealing with inappropriate behaviors, uspof excessive force and racial profiling. The fact finding segment has to establish how the department looks from a variety of perspectives. Benchmarking would be done to compare the City of Boynton Beach with other local jurisdictions. Interviews with leaders of the community and talks with focus groups in the community would be held for their perception of the level and quality of service provided. Interaction with all staff and the residents would be evaluated to determine if the relationships could be improved. The bulk of the fact finding would be from within the Department including individual interviews with managers and officers. An employee survey was anticipated and an activities analysis to understand how people spend their time. An email address would be established for those individuals who feel uncomfortable in those venues. a The core of the work would be to study the data and if any issues could be supported by the data gathered to test the information. It would ultimately be useful in making the recommendations. Mr. Walker offered his firm's analytical capabilities made them unique in matching the resources with workload demand and service expectations. It was complicated because various analytical tools have to be used to determine and implement the recommendations for the effective use of staff. There would always be qualbima zml� a■ outsourcing some services. Evaluation framework would be edlohN l W 4e em" productive conversations about the qualitative aspects of the sL^. &MMOV 4mn 0 the process would be working closely with the steering commit. - Mv min ssists in understanding the goals of the Boynton Beach Police DB#aMNWW &M ft w ique needs. Key people in the department and the City have to' N'ohrskr V■ hmki of the recommendations. The steering committee would help idWA% poeblom o" Mopefully address some of those early in the process. A significant amount of time would be spent on how to present the study recommendations. Reports should tell a story to make them more understandable and the ultimate goal to be attained by any change. The reports would include an executive summary and the body of the report would have very detailed recommendations to aid in the implementation process with a priority outlined. The goal would be to think about implementation when developing the structure of the study in the beginning. The challenges inherent in the recommendations would need to be ascertained and addressed as part of the study. The strategies needed to overcome 110 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 any barriers must be identified. ft. J%%ft mmirmlMi the report had to tell a story to understand and accept the needy moo. Mayor Hay thanked Mr. Walker for his presentation and asked for an estimate on the time to complete the study. Mr. Walker replied it would take four months to do the study to allow time for the changes to be accepted and appreciated. Vice Mayor McCray requested Wilms of ftm~4. The references only had two municipalities from Florida. He qp*@4@* d v&M ei>pee submitted for references would be comparable to the City of bqjftm NomM. I&. Walker indicated Independence, Missouri or Ocala, Florida. Vic& XkW *CF" mj�W for the comparison data on size of the citiY mentioned and depaAfRoN aMe. Vice Mayor McCray asked if Mr. Walker or his team had any personal ties with anyone in the Police Department in the City of Boynton Beach. Mr. Walker replied he did not. Vice Mayor McCray was glad to find the citizens would be involved and focus groups such as "Stop the Violence" to determine what the residents are feeling and their perspective of the Police Department. He also wanted to know who would be on the steering committee. Mr. Walker replied it would typically involve staff from the Police Department, City management staff particularly relating to financing, community members and leaders. The members of staff from the Police Department would be senior leaders and mid - managers. The composite of the steering committee would be tailored to the needs of the City of Boynton Beach. Vice Mayor McCray confirmed that if recommended by the Commission, officers would be permitted on the steering committee and Mr. Walker agreed. NOW Icy asked Mr. Walker to give examples of common issues that have arisen over On 7s. Mr. Walker remarked the range of issues in any study is similar. The dM@Mb*W in getting the value of a study would be making choices to establish the kind of Pubm Department the City wanted. Another challenge would be convincing all pg4gomts of the need for changes. It is important to determine the type of department brad and follow up with the staffing and training to provide leadership to implm+mt the changes. Commissioner Ross asked whu grelm to ms's ir the recommendations and Mr. Walker advised he typically did tlwe mpaphl vAk ill. The story had to be compelling to facilitate the implementation. IN amar MOM" 16 secure testimonials that include the stories of the successes. Commissioner Ross inquired ally to alogmim #mk mmr I• 6611kmil. idr. Walker explained the stakeholders in the eamommAlp MA 16 be WeolNwd. Mrwe eseNd be not - for- profits or others public sector M109�. ctions of the Department. Public prosecu" wjA iYr j„ qNrnQle to determine the vam reports provided by the officers. e 111 of 703 Oboft Minutes Fm%" City Commission llrrWwh Beach, FL November T, XIQ OePwAissioner Holzman liked haw Op gpn4ftw pf }m study were outlined and the use iff kcal data, staffing and FMOMIlt M wN Waing for more of a review of the Ohrml environment that exists ~ ft Psi= QWrtment that fosters the rise of a rage @Nicer. Mr. Walker felt Me eodj behown Me analytical and the qualitative jopmN. They had to be appfEEWRr r 4 vatic way. Data on the types of irddlerp that had occurred and Wr #RMO 1196 r" emerge would be analyzed. The #0 906rl be to understand if t" mMWb Yr4 4W" systemically that would create an 4n*0w"ent where bad behavi■7 ate. IlaMmmmirg the problems early on and .preec8ftly would curb the conco e. Mr. der W learned the best analytical answer r" mW be the correct answo ` *m spom.anklm and that is where the art of sew comes in. The hard pmt is Op dppeip 4 package that reflects what would rho ft most sense for the City. 0 ealo Raped that the team chosen would have the diverse background to assess the LimpoIrent from a number of perspectives. ComMioner Holzman stressed it was important to RW! ■ fie, INA It wW 06MRa OmpwWt to have a review that can be implemented. No =WW f hk. 16W= tmi ■ dWWWw of the successful implementation of his suggoeNwo. We glee ir4pAe1 R &b. r%lnikiw could consistently update the Commission 0 �� 1 "Emn a& repeovA"endations on a rolling basis. Mr. Walker replijO 401 *m M pvmm+ 4wet"F OM 1W Itlients. A more accurate assessment would be OWW OW c &= 6" IIN **AV ir inpme the departments based on the groundwork oft ■,i ivg p■ mL*. Ik. It%lobw ee~ad that many studies are completed, but for variow mmoees his IeedewO* dens mW inIftnent any of the recommendations. 1" through the steering committee would enable ONMoi iroPI&Ointation of ohrlm that may not ultimately appear in the report, W a m4r� made to MRpObw 1he Department. WRes NiWr McCray clarified the non - profit group was not Stop the Violence, rather Bury ft 4■ ce. Mayor Hay thanked Mr. Walker for his presentation. Ms. LaVerriere inquired if the budgetary implications and cost would be established through the studies to assist in prioritizing what could be done. Both Mr. Brady and Mr. Walker acknowledged that information would be included. Commissioner Holzman thought both presentations � WW1 Eli each one brought a different avenue to the process. If a total oehIlewM sl So Cepw7nent were being done, he would select Berkshire Advisors with ViO !E011=1 appmmich. He preferred a study of the interaction of the police officers rr% mMNwjWm2t VW how the environment is maintained within the Police DepartmeRt. It Ism 4 i there is a. constant review process from the top and review of the Imp jo milim Ow e ge given 112 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 201■ makes sense for the community and ensures the officers are doing their jobs in an environment that allows for successful policing of the City. Of the two presentations, Commissioner Holzman contended the Matrix Group 940% a better answer to the current conditions. The constant updated and PeNoW implementation of those updates during the process would be imperative. Vice Mayor McCray recalled when the 2006 report had been done. The City of Boynton has studies done and they are kept on a shelf and nothing happens. He appreciated the presentations of the Matrix Group and Berkshire Advisors. He favored Berkshire Advisors because Mr. Walker seemed more confident and did not parrot Mr. Brady's remarks. Vice Mayor McCray was looking for straight forward answers to all the questions and Mr. Walker appeared to be more prepared. Commissioner Ross selected Berkshire Advisors based on the identification of agencies that would be approached and interviewed. She also liked the stakeholders approach and the emphasis on their input. She agreed that the analytical answers may not always be the best course. It was her opinion that Berkshire was a better fit for the City and its needs and the Police Department. Vice Mayor McCray added that Ms prjj6l�IR &mO Pm community outreach mentioned by Mr. Walker of Berkshire AdrOww. N is ddUAft needed in the City of Boynton Beach. Motion Commissioner Holzman moved to go forward with Matrix. Mayor Hay declared the motion 4W $@@ kwR eP a esewwd. Motion Vice Mays Imbor s>✓ On igo with Berkshire. Commissioner Ross seconded the motion. Vote ■ The motigr Mm=O 1�* #Q4n7r *sioner Holzman dissenting). F. Discussion of the District 1 appointment (This item was added to the agenda.) Mayor Hay felt strongly that the GiAh"AA&lS %U ■ 11asponsibility to fill the p1ar1dt 1 seat. There were important dam■ Vmk mmd Is �e made before March of 2843. 10 113 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November% 1511 There is an individual, David Merker, who seems to be neutral among the Commission There should be a fifth person at all meetings to avoid the 2/2 split votes. Motion Mayor Hay moved that David Merker come forth and i WNIN I C.MRVrissioner until March of 2013. Commissioner Holzman offered a point of order that the matter had been discussed and failed and could not properly be brought up at this juncture. Attorney Cherof recalled the matter had been on the agenda several times, consistent with the language of Section 20 of the Charter providing that the vacancy was to be filed and if, after two regular meetings, the Commission could not do so; there would be a special election. The Charter makes no provision for going beyond the two regular meetings unless the Commission would interpret it to do so. Commissioner Holzman did not irk" ft &WNr Is leave the appointment open. It had been discussed and dealt wqq @P4 #q{qmqMieq*n should move forward. Mayor HM %600 * � ipOnsting that the Charter was a consideration now ad is the Chary rw It alreedlip eoibts has not been followed. Commissioner Wbim rem interjecteg i s w � 1 11 n. Mayor Hay contended the Commission hag isymmosgi its own wee qP4 pOwA 4& right for the citizens of *e Oft 1q* W 0 fifth vft tp avoid deaNOWM alah 11malft Vice Mayor McCray had the gavM 1W &dW fir a emond. Vote The motiarW br` W obbassomL 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED Td ` MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minutt allowance may need to be adjusted depending on the level of business coming before the City Commission) Vice Mayor McCray recognized there was a new employee in the Fire Department that should be introduced. Fire Chief Ray Carter introduce) my MqVI# Fil $1W Jhq 16qlp& F` im from the City of Orlando with over 25 years W%w aenAee&qio&nce. 11 114 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Deputy Chief Greg Hoggatt reviewed his work experience and career in fire services. While with the City of Orlando he had progressed through the ranks and became a paramedic. Worked up through being a District Chief running operations and then expanded his knowledge and moved into administration. He became an EMS Chief and graduated to a stand -alone division. He then became a Deputy Chief and worked through the financial downturn and assisted by increasing the EMS transports and enhanced the revenue stream significantly. Deputy Chief Hoggatt hoped to learn about Boynton Beach and hopefully appll to" ql his analysis talents and the administration aspect to assist Chief Carter to pa" lw City with the best information and fire service. The Commission welcomed Deputy Chief Hoggatt to the City of Boynton Beach` Lori Durante, Executive Director of the Museum of Lifestyle and Fashion History, distributed a copy of the Boca Raton Observer culinary issue. The article profiles the culinary tours done by the Museum. They offer tours of Delray Beach, Boynton Beach, Lake Worth and Lantana. It has been an excellent branding opportunity for the City establishing goodwill and enables the tourists involved to patronize the markets and restaurants that are visited. The tours were introduced in October 2011 and were very popular with the first seven months sold out. The tours have been expanded and more dates added. There is a partnership with the Boynton Beach public art to include a tour component of the Avenue of the Arts and other art galleries. The tour guests are also taken to the industrial art district as well. Most of the tour participants are being introduced to Boynton Beach for the first time including the eateries and art galleries. On Saturday, November 3` there was a culinary tour for Palm Beach Gardens Historical Society. They wrote the City of Boynton Beach was a beautiful City and had a lot to offer. The tours provide a captive audience for potential patrons, customers and supporters of the City's businesses. Mark Karageorge, 240A Main Boulevard, reported on November 3` the Cd17Tr, Committed and Caring Christian Group, under the leadership of Reverend +0V 4140 other clergy in the City, honored several with their Legacy Award. It will be am Ai event for the City. Mr. Karageorge was humbled to be included in their list. T4W 6*! honorees were Gertrude Sullivan, Mayor and Reverend Woodrow Hay, Susie W980, Blanche Girtman, Bishop Sylvester Banks, Dr. Martha Meeks -Light and BE T■'■a. Their accomplishments were outlined also. The recipients needed to be apRolieW and the younger generation should connect and understand their history. Mr. Karageorge announced on Wednesday at the Boynton Woman's Club from ■ 4s ■ p.m. Boynton United would be holding the first Safe Night, a family event, des" Elm public safety. Many City departments and the leadership have been iAVM V participate. Everyone should learn the safety tips offered. Cal Searley and Jim Guilbeault would be honored as great leaders who contribute to the City daily. 12 .. 115 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL Vice Mayor McCray noted Blanche Girtman was his 6 grade teacher over fifty years ago. Ray Whitely, 7353 Palmdale Drive, President of Boynton United, announced his organization had partnered with Boynton Community High School and the Red Cross on November 18 from 4 to 7 p.m. to have a benefit concert with the proceeds going directly to the Red Cross and the victims of Superstorm Sandy in the northeast. He encouraged everyone to attend and show support. The dynamic Boynton Beach Community Choir would perform and the High School Choir. There would be an exclusive lineup of entertainers. The goal was to raise $200,000 for the Red Cross. Ginger Pederson, 7817 Manor Forest Lane, highlighted the book she had published with Janet DeVries called Pioneering Palm Beach, the Deweys and the South Florida Frontier. The original plat of Boynton Beach filed in 1898 reflects the name Fred and Birdie Dewey. Their lives were a part of the City's history and the book has generated positive press for the City of Boynton Beach. The book can be bought through Amazon, Barnes & Noble online and in stores with 20% of the proceeds of the book going to Palm Beach County Historical Society and 20% to the Audubon Society of Florida. David Merker introduced himself 0 ■ candidate for Comm 15joft 1. Dr. Piotr Blass, 311 Tara Lakes Drive, pointed out S(w fib, ■ rrtw of Boynton Beach, received 20,000 votes in the recent national el w&w. AapAdlr %& would win the next time. He offered there was an immediate hig% 00 !I inufting putting all power lines underground. With today's technologj 1 #T&I ** k tluqh a huge problem to have power lines underground. Dr. Blass w#A 01" &POWn 00 Beach had the best police force. He was puzzled by the imms sLokis ft moTWhing that did not need fixing. Chief Immler could handle any pis Md w"d arise. Dr. Blass felt the money should be spent to put the power Ills u9dmqnsr. ME reiterated his suggestion that the interested parties for District 4 C!s gowly rotate through the remaining meetings until March to afford the 1111111111II&r�h. Mayor Hay commented the study of the Police Department did not imply there was anything wrong in the Department. Any department can be enhanced. 5. ADMINISTRATIVE A. Appoirlt AlFbp tears 111111111 Pq ff=l .serve in vacant positions on City any bNEVE Motion Mayor Hay appointed Irma Kh 40 or an ONOMM" Relations Board. Vice Mayor McCray sec 13 116 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Vote The motion passed unanimously Motion Commissioner Holzman moved to appoint Dawson HagpmJa� y dent non- voting member, Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. Motion Vice Maywr M@&eW wAmW lejWk%kd 1111111p T W @4 A AP!PW ■ 111111111111a Special Events Ail H` C■r7rll�. Ci mgml f fl Vote The motion passed unanimously. B. Consider an update regarding the Financial A&viwy Owwfflee member status and preliminary plans for the upcoming year Ms. LaVerriere recounted during the budget workshops the Commission had considered the Financial Advisory Committee's recommendations and asked the Committee to return with a list of items they desire to study to be discussed and changes made if necessary. There are now more members on the Committee and the first meeting held. Commissioner Holzman asked how many of the recoMAWWWOWlb W ft Committee were actually implemented. Don Scantlan, Chair of the Fine C■reniim, 13 Cedar Circle, responded his observations were none oT go ns were undertaken. There was the fact that several of the r = not to be instituted now, but in future negotiations with seve�W of live 4m Me 1 g units. Commissioner Holzman commented the time spent and dt OW OU IV Nocs by the members was amazing for volunteers. However, if the C■m"joisr M MW going to accept any of the recommendations, as done in the past Wo WOOK, Rweeaa Me time of the volunteers and staff time allowing the Committan i was. LIEWissioner Holzman did not feel the Commission was ready to imNlpqq@mq ice' ckepes 4hat would be recommended. Additionally, there are only five ffil af ■ MM member committee. He suggested the action be held in abeyance yr41 Owl is ■ 1�01 Committee. 14 117 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL w 7, 2012 Mayor Hay recalled the items submitted were discussed and the year before some of the suggestions were adopted. He understood Commissioner Holzman's position, but there were now five members of the nine seats. Mayor Hay recalled the list of projects was going to be prioritized by the Committee and the top three or four items would be addressed. Mr. Scantlan remembered the Commission would be giving input as far as priority. He appreciated that the Commission was reviewing the recommendations and the Committee was a group of committed citizens who did their best. Mr. Scantlan noted in the first and second year, several of the recommendations were for status quo and were accepted. Mayor Hay noted in March 2013 r7 CJ'hMNEW ad be changing and others would join the Committee when the CAW ghri Me was not ready to disband the Committee. The newly elected CoMwONaW io+i Make the decision on whether to retain the Committee. Commissioner Ross asked the Interim City Manager if there were two issues that would be appropriate for the Committee to consider. Ms. LaVerriere indicated everything on the list was important topics that staff looks at every year during the budget cycle. All fourteen topics would be a daunting task if the list was not broken down. Mr. Scantlan pointed out the beginning list had approximately 60 issues and had been reduced to 14 with one being a recurring issue, the City Services Survey. He did not feel the Committee could accomplish all fourteen items in one year. Mr. Scantlan stressed the Committee's value is to give the Commission another data point on which to make their decisions. Commissioner Holzman suggested several of the issues are large and if the Committee is kept, it should be to provide information as indicated by Mr. Scantlan. The most important issue on the list is pension plans and intercity comparison of benefits. The Commission has not considered any type of pension reform and it would be beneficial to the Commission to have an intercity comparison as it relates to pensions and a recommendation from the Committee on pension reform. The number one issue facing the City currently, and over the next ten years, is the pension obligations that could bankrupt the City. Commissioner Ross concurred to poop" p6me Ud the expense had to be a priority of the Commission and the Co., . A= 0 6 r Holzman offered it could be the only issue for them to investigate qpq 14 fie , rrrpre topics could be added. Mayor Hay felt the Committee could da Rte, !"M as arty and casualty insurance, make or buy other City services. Vice Mayor McCray cautioned that staff had suffice rupwokOm ip provide information for the Commission and did not want staff to be omowftfta AM requests from the Committee for data. Mayor Hay agreed E was ■ti irMmMrrt "" ftt the City staff does not work for the Committee. 118 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Mr. Scantlan agreed and advised he was not made aware of any burden on staff over the last two years. The method used has been for members to volunteer for topics that feel within their experience or passion. The remaining topics were the hardest and the individual with pension background had left the area. If another individual with a background in pension could be found, it would be most hopeful. Mayor Hay added looking at development fees should also be considered. Commissioner Holzman agreed with the list of topics proposed. Mr. Scantlan explained he asked the members to utilize three perspectives before a recommendation is made. One was to talk to City staff; second, talk to residents; and third, do independent research. Mr. Scar4rr =fti In mss his gratitude to Mr. Atwood for his support and information erer 0o %W %we rears and wished him well in his retirement. He looked forward t4 mmOm f=11 rtINNaship with his successor. Ms. LaVaffl5w alobbeRW VW Committee had not abused or over -used staff alto WA effort. h&& W ft kAn"mtion requested had already been compileik Vs acknowledeeill OW elegy 4erels had been reduced and the resources are IMM 111"e than last pm. T"M ie ■7pW I pension analysis on ■ staff level as well that a0hiN WA shared. There was agreement for the Committee to focus on the following issues: ✓ Make /Buy other City services ✓ Cost of Property and Casualty Insurance ✓ Pension Plan comparison' ✓ Development fees comparisons Ms. LaVerriere reiterated the Finance and Human Resources Departments w= doing a comparison study on the pensions would be made available. 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. PROPOSED RESOLUTION NO. R12 -116 - Approve utilizing the State of Florida Contract #DMS- 1011 -008C with Verizon Wireless for approximately $77,500 for the following: air cards for wireless data services (laptops) for the Police Department. This includes (6) Code Officers and (1) Animal Cruelty Investigator 0 119 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Vice Mayor McCray stressed the contract and cost co=lr ME p� W LaVerriere agreed and commented it was a piggyback on the State pw4W#vr1 4mlliu¢-n price on an annua libasis. Motion Vice MayW 044M'tpprove Resolution No. qll� fla finer Ross seconded Im moMm Vote The motion passed unanimously. B. Accept the FINAL FY 2011 -11 Budget Status Report of the General Fund & Utility Revenue Fund for the twelve (12) month period ended September 3% 2012. Vice Mayor McCray asked the Finance Department to give a brief summary. Barry Atwood, Finance Director, reported it was the last fiscal year report for 2011; 1 was still subject to the audit. The revenues and transfers were 102% of budget, whereas expenditures were only 98 %, creating a budgetary surplus of $2.3 million in the General Fund. Motion Vice May 1111111101. Holzman seconded the motion. Vote The motion passed unanimously. C. PROPOSED RESOLUTION NO. R12 -117 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach Vice Mayor McCray noted the materials indicated addresses and properties; however the list included only one property. He questioned if there were other names that should be listed. Ms. Praia QW Cam, mwftmed there was only one property covered by this Resolutiorp. "Am Wknw M10W was satisfied. Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. J. 7 120 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL _ Novembpa 7, 201.1 Vote The motion passed unanimously. D. Approve piggy -back of the State of Florida WU-141l for 'Tire Recapping" to PRIDE, as the primary vendor, aw a mep+rwlm, alsponsible bidder who met all specifications. Estimated armM milmomilIb! A $0,000. Vice Mayor McCray was concerned about the recap tiv QW MHH& U 2 dopy of the data that was in bigger print and more legible. Mr. Ho%mft Mgma in t■r'it a copy in larger print. Vice Mayor McCray asked what a new tiro vmlww ee# raRwr f5an recaps. Mr. Howard replied the Warehouse Manager and new E— dewed the prices. Mr. Howard would submit the information to the Ceei*n. Motion Vice Mayor MmOW mwai in opprove. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. E. Approve the reclassification of Library Archivist (Grade 12) to Librarian - Archivist (Grade 18) to begin January 1, 2013. Vice Mayor McCray pulled the item to ask for the yearly JIWWIM bMIN W N position. Ms. LaVerriere responded the existing salary for a gm& 1 i &U,143.11W and the reclassification to grade 18 with a salary of $44,491.24. Apre "40114% Ao@i@bnt Library Director, added the upgrade would require a Masters Dopm In LNrlyi ffiml� Motion Vice Mayer 1111e0" rewmed lb approve. Commissioner ftbo a eeoevAlloill 1111ko motion. Vote The motion passed unanimously. F. approve full release of surety for the project k� a M*■■M=k 'peninsula, tLC and authorize refunding the $57,189.75 @wA boa ler Oe water and wastewater utilities to National City Bank. Ix 121 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 G. PROPOSED RESOLUTION NO. R12 -118 - Approve and authorize the Mayor to sign the interlocal agreement between the City and Palm Beach County to formalize participation in the tax exemption program. Commissioner Ross had pulled the Item to clarify for the public, it is the Palm Beach County Historic Tax Exemption ordinance. The City received the Certified Local Government designation in October 9, 2012. Motion Commissb� ftm ==dim sp prove. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. H. PROPOSED RESOLUTM M M16VM - Xprwrr a Wmwawndum of Understanding with the Florida Paddling Trails � IFPTA$ In designate the Lake Worth Drainage District (LWDD) E -4 Ck"I Vm} 1+4 Intracoastal Waterway as "FPTA Blueway Community". I. Approve the minutes from the regular City Commission meeting held on October 16, 2012 J. 1 MMMQLJJF ION NO. R12 -120 - Amend the Fiscal Year 2011/2012 b ;fit IIIIff #R %%%W and Sewer Utility Enterprise Fund for operating er#w##wAs t" Mi fers to other funds in the amount of $5,180,000 to i��tt• pmroMmo appropriated sum of $32,217,173 to $37,397,173. 41110 MM i11111QRI} MW puM the Item for the benefit of the public to understand the kr*% qwww. Mks. Odwim4 gqlained the request was to increase the adopted budget dr9a rJ111111111111y FwA Sr" PAM obar. One request is for $4 million to be transferred from On mpognift mmm6ft ift V%O capital improvement account. It was not done in the q bwdod beemow 'Me rate study done for the bonds issued was not MTIp� 6M fin(•. T%b rate study suggested taking money out of the operating bwjkWt 0 plin0ft 4e w" whey in the future. Vice Maw MmQW "mod Im adopt Proposed Resolution R12 -120. Commissioner Ross secen400 11►& mqW?M. 0 122 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Vote The motion passed unanimously. K. Accept the resignation uF jolqti Cllr, ■ migular member of the Golf Course Advisory Committee 7, BIDjFMRF4jFP9H� AVER $100,000 Non■ 1A_ ' '� 1111, LEGAL SETTLEMENTS Non■ 1h PAPLIC HEARING 7 P.M. OR AS SOON THEPWJYTM P4 "M AWNDA PERMITS The City Commission will conduct these publig 111114 40 capacity W Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 12 -018 - FIRST READING - Approve abandonment of a portion of a Utility Easement (ABAN 12 -001) at 501 SE 18th Avenue, Sunshine Square Shopping Center, zoned C -3 (Community Commercial). Applicant: James Mirrione, E & A Sunshine Square, LLC. Attorney Cherof read Proposed Ordinance No. 12 -018 by title only, on first reading. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll. TU v= mM 441. 11. EITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R12 -121 - Approve lease agreement with Stage Left Theatre fon use of City owned Madsen Center for live stage community theater. 20 123 of 703 Meeting Minutes Regular City Commission Boynton Beach, Fh Novemj2qL 7, 2012 Ms. LaVerriere reported Stage Left Theatre was a live, community theater that was seeking to move into Boynton Beach. After discussion, an 18 -month lease has been brought before the Commission to allow the Theatre to move into the Madson Center that is now vacant. It would bring community theater to the downtown core. It is a non- profit organization. The facility was being offered at no rental fee with the Theatre covering all the utilities and making interior improvements. The building is zoned and appropriate for the use. It is a unique opportunity to bring the theater to the area with no risk for the City. It was hoped the Theatre could get established in the City and then search for a future, permanent home in Boynton Beach. Commissierw MrW" r "WW about the previous use of the Madson Center md ML LaVerriere• NVdW 11 *Ala a Wimunity center. There are shuffle board court N outside. Coilm tom* Fee utilized the space and is now situated in tr DepartmaW Met ie man @W@Ave to utilize the officers and systems. The taJEW ` vacant nm. x Commissioner Holzman wanted to hear from Code Enforcement if they wanted to go back to the Madson Center since a space crunch exists within the Police facility. Ms. LaVerriere indicated it was an administrative decision by the management staff to move Code from the facility into the City Hall complex for improved operation. Commissioner Holzman reiterated there is a space crunch in the Police Department, but an entire Department was moved into the existing space. Ms. LaVerriere explained Code Enforcement was utilizing a portion of the first floor of Fire Station #1. Peter Pagliaro, 225 Saratoga Boulevard, Royal Palm Beach, indicated Stage Left Theatre was born in 1992 as the Royal Playhouse and produced live plays and musical productions in Royal Palm Beach for eight to ten years. The Theatre outgrew the space and moved to West Palm Beach in a shopping plaza. The plaza closed and they moved to Lake Park for a year, then did a complete makeover, changed their name and board of directors. They felt Boynton Beach had the best mix for a performance theater because the downtown was being revitalized and historically a theater is a good fit. Thousands of people are attracted to the shows in a year and they are an advocate for youth programming. Drama workshops are held and youth are trained to work back stage as well as on stage. Stage Left Theatre would be an intricate part of the revitalization of the downtown. Mayor Hay was happy Boynton Beach had been selected and thought it was an excellent idea. Mr. LaVerriere interjected any obstacles had been overcome. There would be a cost of $600 to the City to provide a handicap ramp on the outside of the building. The Theatre would take care of some interior improvements. It is a month -to- month lease so either party, with 30 days written notice, can exit the lease agreement. An 18 -month term on the lease covering one and a half seasons was anticipated. Mr. Pagliaro added it would take the Theatre a full season to get established. The main objective involves community support. A theater guild would be formed to be comprised 124 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2014 of Boynty &=� fir. the guild would serve as a sub -board of directors and assist wi1E pkq' mow, AaA raisers and moving forward. Mayor Hay confirmed that Mr. Pagli■7 � n mpmmrV Nith all the conditions of approval. ('EMNINOW RIM 0 IM if the financial statements had been provided. Mr. Pughm mIpiimi Ilk= Ii.II R T*atre had been established in January of 2012 and had *W p*@6wWW *how �id. TUre is a minimal fund balance since no shows have been p=L=L TWO gobs we If■ bulk of the revenue for any theater. Minor grants are wWI@P eecp peer ewa eewa fundraising is done. Four grants are pending for XNNNSEWNI $3,M WA $4,00 per grant and vary with the Foundations. Grant RmqImjjW mw uIWOlr tp htne Depot and Lowe's for building material grants. They Wmw wbppwfti Mw We* Ilk "past. Ike eljective was to have a lobbr vim+ pe eA WW" qnj %" p JMN ep*4rtnership. Ift TNWtre partners with the OMNOWM In IW aft 0 4W ANW drW i lhow type *gWWrft, to enhance business 1+ 0% WW for pqrrWW Commissioner Ross pointed oul Vv pl�m � W Aim 0� a 1w vO rftht to ten performances. The figures had boom beeea bn p@A yep piwce 1992. Historically each production is rwr 1la O! 10 IN& ai, fl� a VIWU W Ibreak and then open the next show in a ca9j%W qjjW trp ll'w. A kWW itcket cost $15 to $18 and for a musical Poed6eW R weA Y It vAa w. Evew,hough the organization is non - profit, the wq Im ■rP ft" s mipok *ft ■r■ ft same as a professional theatre group. 9rwee &@ bmeoerip of An gneLg " IWA been able to cover the costs on ticket sales EMIL AN a� am ENTMwfE} wfta7r selected during open auditions. Vice Mayor McCray was in favor of the lease, but wanted to be sure Mr. Pagliaro understood it was only temporary and if the lease was broken, whatever was built up would be taken down. Mr. Pagliaro agreed with the statement. Motion Vice Mayor McCray moved to aplapews. GewwAbole~ Ross seconded the motion. Commissioner Holzman inquired r to ppgaip pf" g letby would decrease the ONNIft of the facility and Mr. Pagliaro PWO &Mba* that variance while mMENO" adequate isle space. The assem&O mmaamrW mwwvt exceed 98 people fom `O%m Code. Mr. Pagliaro advised there: w@6011111 on% home to five individuals involJ" M.% production. There is no backstage s. TNmuaft be one room for a dresT and a room to hold the sets awl owillephilla His mWerstood there was no expansion at the location. Comml"fWWiiiw Wested the amphitheat�� a larger space and more appmWwpft. bb. Pyre advised outdoor space is Ed compatible with the type of t law W charging ticket prices � r difficult. 22 125 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Vote The motion passed 3 -1 (Commissioner Holzman dissenting). VL kWINISHED BUSINESS A. Hear update from City Attorney regarding conveyance document for Old High School property. Attorney Cherof advised work was ongoing in preparing a document to convey the Old High School to Mr. Contin and his development group. Mr. Contin had hired counsel to assist in the matter. The document is a purchase agreement, but there are inherent problems with a purchase agreement that should be disclosed. Initially the conveyance document was anticipated being a developer's agreement that would allow for the transfer of the property as opposed to the sale. It was approached in that form because a provision of the City Code has some restraints on the sale of City property. The existing ordinance could be amended to allow for the specific type of transfer as has been done. The timetable of the transaction has been discussed and the actual document could be returned to the Commission in either December or January. There would be a time for the development group to obtain their financing, process site plans, process use approvals and prepare the developer's agreement that would go hand -in -hand with the transfer agreement or sale agreement. The initial time constraint suggested by the developer was nine months to obtain and put into place financing or by September of 2013, before the actual sale would go hard. Attorney Cherof understood there may be a change in the proposed timetable with respect to financing. There may be other issues. In terms of commitment by the City or Community Redevelopment Agency (CRA), it would only be assistance, cooperation and expediting the process as needed. The developer was not looking for the City or CRA to lease any portion of the space or provide lease subsidies for a third party. Vice Mayor McCray asked how many months had the project been extended. Ms. LaVerriere recalled initially there was 180 days for some progress and during that time the developer group changed and the Commission approved 90 more days to the end of October. Vice Mayor McCray understood no one was asking the City to sign a deed and Attorney Cherof confirmed that fact. The deal was still in the preliminary stage of developing the format for the transfer. Many issues remain open and that was not unusual. It is an old building that needs a lot of work and putting together the appropriate document would take time. Lisa Colon- Heron, with the law firm of Smith, Currie and Hancock at 101 SE 3 rd Avenue in Ft. Lauderdale, represented the developer and had been retained to assist in establishing the agreement to transfer the property and eventually the lease of the N 126 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November property and the development agreement. She had been working on the proposed document she had received from Attorney Cherof to create the framework that would assist the developer to get financing. Commissioner Holzman asked Attorney Cherof if he could give an overview of the specific details that would be negotiated. Attorney Cherof gave the highpoints being a discussion involving the timetable. If there is time needed to obtain financing, there should be a timetable when the parties can walk away from the transaction if no financing can be found. A deadline for the site plan and other development approval and applications has to be established. It was anticipated to be approximately four months after the application. There has to be a date set for construction and what the deliverables are from the City's point of view. All the items would have to be listed in some type of document. Attorney Cherof hoped a document could be presented at the next meeting and more detail be discussed along with a timetable for approval. Vice mayor McCray inquired if any written endorsement or commitment from any bank had ever been offered. Attorney Cherof had not seen any documentation; however, in the request for proposals there was a document from the Swan Group that had asked for financial information. None of the documentation has been submitted. Consensus Mayor HW ■allookpi rA jokm he t6w mW dbo Fe City Attorney to work through the docu&@M fir. TPWkb Nyp�ed accordingly, 12. NEW BUSINESS A. Discussion on median maintenance along Congress Avenue (This item was added to the agenda). CommissOw fMm s avErmM, RL ' � of her constituents, about the medians r" Cem@" fie. The p@44%9 Ron been with the eastern part of the City. Thd& M R O 0 iMpMMMel'R a" Cwp� Avenue and the situation should be assesli. Jeff Livergood, Director of Public Works and Engineering, reported a detailed estimate for Congress Avenue had not been obtained. He felt between $75,000 and $100,000 would achieve the type of results sought by spring. Commissioner Ross wanted consensus that the appearance of the medians dMW 11'■ entry and exits of the City along Congress Avenue were important. Mayor Hay 49W 4in wanted to add the item to the agenda because the medians do not look very g ". Me W1 127 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 wanted to make the area look mLO knim ■ W "a "win roads should be well kept. The businesses were keeping their prepeeMs onsinlaipW (setter than the City. Commissioner Holzman recalled tgre %d 1!" OWwsions during the budget process and it was agreed the focus wo+W 1b FbAWN F1l1W&y and Boynton Beach, knowing the Congress Avenue corridor ti OuLmO. 6pending the taxpayers' money required getting the most for the rye. lire il.cbW had been made. Next year the funds could be allocated for Cofps No sm held the most important part of the City is landscaping at the enboMM �p 114 Mm money is not available to clean up all areas. The funds have. % b4 WNW 1b qA 1he best results. Commissioner Holzman did not support doing JjrWws Avenue and continue the path set during the budget process. Vice Mayor McCray was in favor of Federal Highway, but also understood thi urgency for Congress Avenue. There am more visitors in that area and the mall is in the area. He favored getting Congress Avenue done and then return the efforts to the eastern side. a Mr. Livergood explained staff would come back with contractor bid provision] and get an exact dollar amount. There would also have to be a budget amendment to find the funds and the options would be outlined for the revenue stream. Commissioner Ross looked forward to receiving all the options and then have further discussion. Vice Mayor McCray wanted the options without further discussion to move forward as soon as possible. The median maintenance was cut back by design three years ago because it could be reinstated with the least impact on the budget than other cuts proposed. Consensus There was consensus to have the options brought back 0jillopto C*""0w4jn. 13. LEGAL A. PROPOSED ORDINANCE NO. 12 -019 - FIRSF — fppom changes to Chapter 26 - Article IV — Sewers of the City'E C:"�e of G ji @ we9e pursuant to Chapter 62 -625 of the Florida Administrative G&W $FW Apon Industrial Pretreatment Regulations and their proper enfqmmrmwrt Attorney Cherof read Proposed Qm&� NL 1$ -649 by title only, on first reading. 25 128 of 703 Meeting Minutes Regular City Commission Boynton Beach, FE November 7, 2012 Motion Vice Mayor McCray moved to appro". 0@ww 4@%Per Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -0. B. PROPOSED ORDINANCE NO. 12 -017 - SECOND READING - PUBLIC HEARING - Rescinding Ordinance 11 -029 to allow adoption of the Palm Beach County Lobbyist registration Ordinance in lieu of City regulation of lobbying. Activities Attorney Cherof read Proposed Ordinance No. 12 -017 WV%ft W* W Emirr hearing Motion Commissioner Holzman moved to approve. Commissioner McCray seconded the motion. Mayor HaidobUMVW 060 %r public hearing; No one came forward. Ms. LaVerriere advised Richard Radcliff was present for any questions. Vote City Clerk Prainito called the roll. 'thwavO7le&A 14. FUTURE AGENDA ITEMS A. Capital Facility Charge Update Study - Amending Ordinance - 12/4/12 B. Volunteer Advisory Board program outline - 12/04/19 qL MND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMEp � '1 THE GULFSTREAM" Those present recited the brand promise statement. 26 129 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL November r, W 3 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 9:28 p.m. CITY OF BOYNTON BEACH Woodrow L. Hay, Mayor Mack c ray, ice Mayor Commissioner Steven Holzman, Commissioner ATTEST: Marlene Ross, Commissioner Janet M. Prainito, MMC City Clerk ith A. Pyle, CIVIC Peputy City Clerk 27 0 130 of 703 6. G CONSENT AGENDA December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Accept the written report to the Commission for purchases over $10,000 for the month of October 2012. EXPLANATION OF REQUEST: Per Ordinance No.01 -66, Chapter 2, Section 2 -56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for October 2012: Purchase Order Vendor Amount 130350 Insituform Technologies, Inc. $ 66,234.73 130372 Laserfiche $ 23,330.00 130396 AT & T Comm. Systems SE $ 16,570.83 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01 -66, Chapter 2, Section 2 -56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. 131 of 703 FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None 132 of 703 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHAS FOR OCTOBER 2012 Technologies, Inc. Purch $66,234.73 bolp-7 60 11-*nent: Utilities Contas Michael Low Date: 10/11/2012 NOW bmm@Vd w of Purchase: irra sett multiple locations. W Pfi�: Piggyback JEA contract #116616 Imource: 406- 5006- 590 -65 -04 Purchase Amount: $23,330.00 PONEW" tent: ITS Contact Person: John McNally Date: 10/22112 irwi �a�srt�lfow �oGwaas iae ords management system. reaoieoee Three written uotes q PtiflM 6ource: 001 -1510- 513 -46 -91 - $22,170.00 401 - 2823 - 536 -46 -91 - $1,160.00 SWAM LW 16mm. Systems Southeast Purchase Amount: $16,570.83 went: Police Contact Person: Chief Immler Date: 10/25112 �f 4P Purchase: P� ¢ IIIIIIIIII&/IFA 5550 Firewall to separate Police Department network from City Hall Network, in accordang with FBI1FDLE MW§Wq. 'Ift iI part of the overall City Hall network upgrade. ev * for Msishsee: Piggyback State Contract 250- 000 -09 -1 Fund Source: 301- 4101 - 580 -64 -15 Purch d@qwvv% bapa lent: Contact P�: Date: ■}V of Purchase: 'Fund Source: Purchase Amount: Rwgpw lht bqnp"ment: Contact Person: Date: B" bwwWMon of Purchase: o &a P Pa"ource: m #. 133 of 703 PURCHASE ORDER UFrF aF BOYNTON BEACK !LDl PROCUREMENT SERVICES DEPAIW 100 EAST BOYNTON BEACH B066111"6! O. 1303 b0 P.O. BOX 310 ; 10 /lijla BOYNTON BEACH, FLORIDA 334Z.a�a� VENDOR TO: INSITUFORM TECHNOLOGIES I) —• 12155 NW 28 AVENUE MIAMI, FL 33167 SHIP fi City of Boynton Beach EAST UTILITY ADMIN lbi PL, b5cL)midkT ROAD I&OVY" HMON, PL 33435 REQUISITION NO. 57566 ORDERING DEPARTMENT: UTILITIES ADMIN DATE NEEDED: BID NO: COMMISSION APPROVED: HS LINE# QUANTITW 111 Lice. a&D DESCRIPTION UNIT COST 1 W"I.97 Lrl 1• X a m CIPP Alp. OWN ■ Y. I�W 19" x 7. MM cl 13 .rr" 1 - 3 of i,fT 18" X 9 Oft ti� ■ 406. r0" is A. Y t MNW" moral 50W bo o. k W ■ 0614 t Curl! llis.iGii I ITi LOCATIONS 1 D DftTl9D 10 / 2 / 12 ■ EXTENDED COST IJ641.25 3491." ■ 0"1 WA0 . Oi 11iS.ia PROCUREMENT SERVIC! P.O. TOTAL: 66234.73 ACCOUNT NO. PROJECT 403 - 5006 - 590.61 -04 SWRO64 PURCHASING 134 of 703 � I I � 'G [ i N X U i H W N I M N I EEI o 0 H N 4 O WO I O ■I U I N o M H I I 01 a a a H o !T I � al cmw ■ 1 i I i ■ I A ■ u I H z as ■ H ��11 � I U •. �■ £H H I w pp K � H � I ■ H N � ■ to a m M i v � to � H M � N H � o m o a F ui E H d O H F H H a W e a 0 o a H a a �w aw z H a a w W .. p P J U1 E-I C f O O N i N O O � a' I O!n O O � Ifl H C w H i �I ■ H H I O O O O O N 11 11 LI 1] ro ro ro ro ro u + 4J 4J - �!i -ri �rl -1 i -rl 'I N ti H so A A A A A ■H A A A A A :E- a z a a a w al a a a :a a w a w w ■O Uc PV km Hal Saak wwNwQlwN 3 wVO ■w 7a3o3o003 Oa Ola v B : ED z aoi�vi�vi v'i H �ICP I ■ �V m m m PQ w w w 0 0 0 ix ° a ° x P4 a a H H H FWFWEW i M3: v13 u13 zWZwzw I u ri u U U U I H a H a H a I F WHW 4 I 5awaaa w w o 0 w w w w b O I � N p w 6 0 i I 0 9 9 H 0 ro A z W g U - O X H U H A ta H } W tn a a I I 1 135 of 703 MEMORANDUM Utilities 12 -52 TO: Lori LaVerriere Interim City Manager FROM: Michael R.T. Low Deputy Utilities Director ■ DATE: Onlolior 0, 2112 ... .. The Utility is experiencing sevw w liil ■ nowIog from the high water table following TS Isaac and the orgeft ko qWM amunts. As you know we have had to undertake a number 41f PM Pgpft ear our gravity sewer lines. In addition we have identified a AiIRilior W MOOMPO problems that can be repaired using cured in place pipe% The ONNOW quote is from Insituform Technologies piggybacking a Q~ W k Joilimville Energy Authority (JEA). The quote is for lining 5 main *115 A the terminal lines feeding Lift Station 317. LS 317 is our last Voiloir nNodoid on Boynton Beach Boulevard'. Last year we had a major prillftm wAs" 41v howMal line to the station failed. The repairs were extensive aM 1W iW �r R dMOIcant wastewater spill high. This quote includes lining the pito" Oft WON% of pipe which show similar evidence of chemical corrosioi. Th s ON moo EP ON work is $66,234.73. NorIrly due to the value of 3* babe eqW we would send It to Commission fm aWroval first before staril ft 1111M. 0" 1b the risk that a delay might vUA Mn a much more costly Nort MRSO mlION lid to follow afterwards wl}are si'WI" permission to move i *W trr9NhO*. Insituform are abl■ to ■■Rfriiilnce work as early as rWNt wW. 9% wp mare an Agenda Item for the em sion in retrospect exp" Ift M%10A. We have done this several hww in the past. Cc: Kofl Boateng Tim Howard Barb Conboy Karen Riseley George Peck File 136 of 703 MWEST FOR REQUISITION H.T.E. ENTRY DA �1[11 H.T.E. REQUISIT) IV" Clerk: VENDOR INFO Procurement Asst: Obj Director: City Manager (non capital and/or $500 bow 4wmkj REASON FOR P Piggy Back bid �� – MEW #2011 -141U �*_ ■ r ' •• Description & Part Number 8" x 6 mm CIPP Fund Cop VENDOR INFO i Obj Amount 53219.25 80 Name: Insituform T.&.*" Lr. bow 4wmkj OJAP ( ) Address: 11511 Ph9jew %mW S K 2 Mfirm. ( ) Jacksonvi ( ) LAP /Conf. ( ) Phone (contact): Ted amiss I 30 ERY: L i& 40 (X) 904 -262aM& 1. W" 41 ( ) Vendor Number: 4625 1 2.5% W. 7W 42 ( ) INITIATOR: Geor APPROVED: r @—W (x EMM&. ( ) r) nd 99 ( ) Instructions: ft&WNumber: SWR064 uan. 1953 Unit Price 27.251f Description & Part Number 8" x 6 mm CIPP Fund Cop Maik i Obj Amount 53219.25 80 43.00 if 15" x 7.5 mm CIPP 3440.00 10 46.00 If 18" x 9 mm CIPP 460.00 30 250.00 ea Service reconnections 7500.00 1 2.5% General Conditions 1615.48 TOTAL 403 5i6 #9} 0 14 66234.73 137 of 703 ■eft I15Ur612 Mpartment: Utilities/Wastewater Contact Person: George Pedb r Purchase: I@wW mmm"Oructions at multiple locations d Vendor Insituform Technologies, Inc. PlAw t of Purchase $66,2 i� f w Plorchase (check and attach backup materials _ 144 WpAen Quotations GSA 6 ft cm"ct PRIDEIRESPECT Sole Source `' Budgeted Item Swrl pmq Purchase Other CvW#W R6Vber: 2011 -14 JEA C' aeh C 4k b lo( 4P NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contraC Purchase: 04 SWRO64 FWill d- Date Q I 4b I 1 Date z. _ Date Date 138 of 703 The Ufilifiee Department 124E Woolbright Road Boynton Beach, Florida 33431 Phone (561) 742 -6400 FAX. (S61 742 -6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Use Cured -in- Place -liner of 8" clalpAMLma VENDOR # 1: Insitufonn Technologies, Inc DATE: 10/5/2012 CONTACT PE�� Ted Hoch PHONE NU1VfM 904- QUOTE: $66,234.7 VENDOR #2: DATE: CONTACT PERSONf ■ PHONE NUMBER: QUOTE: vmmm* 3: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. 139 of 703 owtufor'i»' 4W 10 -2 -12 Mr. George Pdlt City of Boynton Beach 124 East Woolbright Rd. Boynton Beach, FL 33435 RE: Sewer Reconstruction — Misc. am NNNNN� NEEP Tel: (904) 237 -3426 111W� Sesimm %* Blvd Fax: (904) 280 -4162 *WkWW%, -FL W156 www.insituform.com A■ %dWW , IiC. l�� pleased to provide the follow` �F sewers 1111A wi�� Zwd - in - Place Pipe" (CIPP). The , 1r1 ]�4 m"W ssrMmAk A l wMisMr is eMeleble for "piggyback" by the C *IRKING 1' UE bases the following pricing for theiNiiiiiipiii # UpO= dOWWd herein: W MIN IP� qq ■ _ � i i i ■ ,� Qom■ � � mm� MEN== ASSUMPTIONS AID ITLLC's Proposal III&V is b@W mrso dire h wi7 nowmv*" V4 clarifications: 1. Quantities sire sabw M. OQNNNNwiiiiii "1 r*oo flff NOLUM IXNNNNNNN ■ prices. ITLLC SCOPE MES ITLLC will provide the following: 1. Mobilization and demobilization of personnel, equipment, and materials to and from the Prcjec#K price presented is based upon one (1) instance of mobilization and demobilization. 2. Light cleaning of the pipe prior to lining. 3. Install polyester impregnated CIPP liner in accordance with ASTM F1216 or F1743 using either war V air /steam, at the discretion of ITLLC. 4. Internal reinstatement of all service conns" i direr krft W S. CCTV inspection of the pipe after the link j 0 URIC 140 of 703 Page 2 0/3/2011 NOTE: Modifications to the Scope of World in Price and /or duration. TE1MMMMitems are excluded from ITLLC's above Pricing and Scope of Services / Responsibilities stated in IIII ELF16111. These items, if necessary, applicable or otherwise required, shall be furnished by Customer, at Malliamm s direction and at no cost to ITLLC or may, upon mutual agreement in writing between ITLLC and 56@bmw, be provided by ITLLC at an additional cost: 1. Permits, 11111 a w* eew!lrgfw easements. 2. Manual 1p wd /or metering stations. 3. Access tp !W = of 11 W&M iid /or sufficient water supply (within 500 ft. of the install JNW complete Sol" M WP won. 4. ObstruccW �YMML^ effete, mineral deposits, roots, etc.) and /or protruding tapeWWAWel. 5. Point rem. 6. A secure "d or it On eranight and weekend storage /parking of ITLLC trucks and qMiWW% 7. Repair oP p , sop industry standard high - pressure jet cleaning operations, !'W � ng anal erbeepde -t �eewN� necessary to remove debris that has fallen into the pipe i any su i �� ■ ch W qr. 8. Directivel NJ" f" w"WkinM connections must be reinstated prior to final CCTV inspection. 9. Locations of III i 101f I'MWE equipment and /or personnel) to all manholes associated with the Project ar a r I W rPLLU a plan. 10. Removal Fell IIIIIIRIIIIIII ■ go L� or toxic materials encountered during the Project. GENERALTE All terms and All' 111111 � W Ap* lm binwAllm souse b 1& Awes Tbehnol ogles, LLC. and shall be FVNOr W ere **WPM At eewAes erg AW Mt be rWW%kd w wry selosed to third parties withoL# eles e_ whew s weent of IwehubrM Twee, LLC. N fpw IWw 10 not preclude the use of any d= slllslsll� in in ils reesm"Osif metwe i dip = !4' 1q=W a Wprietary of the same or Sln l rAn "n *+ � 6111& IiM % i 11111111111111source on or after such redERIM VVINOOM TO&EMOM LLC. W 0 1 11111 MOM fM i tO Ilhy M WW dMajoillm � memo" it OW 91 as Mellow a rVIIII&i 17 pesitate to contact me with any further questions. &q b' Peres, Iw@Nm%* w technologies, LLC. Ted Hotchkiss Ted Hotchkiss Business Development Mgr. Accepted By: Date: (signed) Accepted By: Title: 141 of 703 Page 10/3/201 (printed) 142 of 703 mdmmm 00614 m • Mu nmwv9 m ... - Pscription I MES " l ww 4 INVM M LL *4 WM ML t WN4 mm m- � !7r ,mow A M16t AA LIM ja IN - - �■■r I'!'� I -�-F i T I - - 9"1 $ 66,234.73 ww m. IINK '1' t RAIMW ESTIMATE - CIPP UNIT PRICE CONTRACT - 2007 145 of 703 .. D- w I NNW E . ■ C %J iiamu —ii - '7jmJ ■r IN IN L e■ iML Si6 7,L, �• —. �� IN IN 1 4■ if ME J016 - :Al � ■ i 1 i ■ - L-,a - e--w, F T IC Ell 1 ■ FW GENENE WE 1 ■ 1 lEa' 7■ i■EVE Ela3JW . kr m ' 1� s i i is Wi -m �' - I �■ i1 mdEEUia'i l - - 7t,, - & I -W«UENEEE ■ i 1 mENWFEQF m m r i 1 mpEiigEqp m mr i1��Wmm.ff" - m m r i i'Wrj&W = "mM ��: �..'� � �•�� nmmmm � �� ■ ■ m� ri 7 1 r man w � .•::.■ . Rpq.mm .L_-iforming to ASTM D3034-74 � �� 1 �� i�J■i. ' �T7� 145 of 703 tAhk &MWUMV t 11111i001% ESTIMATE - CIPP U CT - 2007 10/3/2012 146 of 703 -7. - - - WN mr . 10/3/2012 146 of 703 147 of 703 axc m CONTRACT BETWEEN JEA AND INSITUFORM TECHNOLOGIES, Z. JEA CONTRACT # 116616 THIS CC '4, r MAHirAA Gie 10 by eF%P*. ber, 2011, (the `Effective Date "), by and between JEA, a body politic and corporate, in Duval County, Florida, ( "JEA "), and Insituform Technologies, Inc., a cow AMENg m%W Me Laws of the State of Delaware ("Company") with its principal oflica WON ■ 0M M � Avenue Chesterfield, MO 63005. WITNESSETH VMMMAA pummwt 1r the JEA Purchasing Cod16 JEA is authorized to procure ■ goods and OrWlkW JU r kited bids and Company h Work; 1d WHEREAS, said bid has been accepted by JEA ■ the lowest responsive and responsible bid for the completion of the Work, NOW THEREFORE, in csKeidsva4ien eete 9moW promises and covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency is hereby acknowled4ok W IMUL M rlows: AGREEMENT 1) JEA hereby engages the CompanMI&Oft CEEPWINEW accepts said engagement for the purpose of performing the Work, U dEENNO ig R% " Wicitation # 121 -11, designated as "Cured In Place Pipe (CIPP) Unit rP* 4NE&WlinP 00 siodified by Addenda Number 1 dated September 16, 2011, the "IF13 "), and (ii) the Company's Bid Form dated September 20, it 148 of 703 201 A (the "Bid Form "). 2) The Work shall be done strictly in accordance with the IF$4W Camm 611 M nrm and all Purchase Orders issued pursuant to this Contract (collectively, the "Contract Documents "), all of which are hereby specifically made part hereof by reference to the same Went as if fully set out herein, in the sum of not to exceed Five Million Three Hundred Fifty One Thousand Three Hundred Nine and 501100 Dollars ($5,351,309.50) (the "Maximum Indebtedness ") at and for the prices and on the terms contained in the Contract Documents. 3) This C>51DR6" �� Si the Effective Date, and continue and remain in full i and effect as to all its terms, conditions and provisions as set forth herein until November 15, 2014(the "Initial Term ") unless sooner terminated by JEA, with or without cause, in accordance with the Contract Documents. Certain provisions of this Contract may extend past termination, including Warranty provisions. 4) On faithful performance of this Contract, JEA will pay the holm `� with the terms and on the conditions stated in the Contract DocumentL 5) All notices required or permitted under this Contract shall be in writing and shall be deemed received if sent by one of the following means: (a) upon receipt if delivered by hand; (b) one day after being sent by an express courier with a reliable system for tracking delivery; (c) three days after being sent by certified or registered first class mail, postage prepaid and return receipt requested; or (d) upon confurned facsimile transmission provided that a copy shall be sent by another of the foregoing means. All notices shall be addressed by a paw in 'r the other party as follows: P I 149 of 703 bok case of JEA JEA Attn: William Clendening 21 W. Church Street Jacksonville, FL 32202 and to: JEA Attn: Heather Burnett, Contra 21 W. Church St. CC -6 Jacksonville, FL 32202 In the case of Company: Insituform Technologies, Inc. 17988 Edison Avenue Chesterfield, MO 63005 Either party may change its addrW JW q&V b l0 lll� MINE Orother specifying the effective date of the new address. 6) This Contract, after the initial year, shall be contingent upon the existence of lawfully Y appropriated funds for each subsequent year of the contract term. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, in triplicate, %of the day and year first above wriam 150 of 703 AttesUW:itness Si tt e: By: . ` Name: Diane Partridge Title: Contracting and Attesting Offi Date: December 2, 2011 INSITUFORM TECHNOLOGIES, INC. B y: Of- -"` ". _ _ ug as Thomas Title VP- Global Procurement operations Support Date: December 2, 2011 JEA B Name: McCardi Title: Chief Procure Officer Date: % -k - t ( t. Approved VW M Va Tbmmdl }, CbI wr l'!,010� ! M NK i. Farm Approved: - Office of General Counsel GAGWt Opamdmns%WomaVEA CmtmcaXTEA- INSITUFORM TECHNOLOGIES, INC. CPA 116616.doc TECHNOLOGIEsw -a ■ 7 UFORM 151 of 703 I NSIfTIIIi<ORM TECHNOLOGIES, INC. .Y Assistaut Seereta¢-m's Certificate The gllqi" 4et Ow 0 ssistafnt Secretary of Insitufbrm Technologies, Inc., a s corporation (tU VM* Wrti ies that: Am jplkw* ig I Mr q4 mmo=M from JrW -laws of the Corporation: 4WA wonAw IrLw wwM 16 M6WM bwWiw Mom Mon Ilme to time appo i ~ if wVw&d� 'i7 �f the Corpora go 11W MM& mar ate} iA& A My, subject to the coinei IL as Rye rAmmkowimo 0,61M MW mom am* is &W w 2. TU ~ MwwMw for aT %a C ice, pwamA 10 Sr Au" mgrs 4 y appointed H. Deese Theme %w hw4a* — 6iPW swrvm(, MW lae qP Alke d Joann Smith, AM1W L CgrmL Ulks MIM I= LM at Ukim s 901MEW r Vurft Officers of tha Am& of to g limo hoer Nk MALMILE @ad ar k to U6,r Executive Offow er�ee OR qP 11 am III: � Ie eerte�j �aed 4o eeMbeet an "trwMe s MW "11;-P s l . e'apeew*M (ii) to enter fist G19* bW CrlPMMW tM ~ AWft IMAIN M01 iM!411i C AN all matters relaiel Mm>i, LAwMag U -~� A am& a mama dM6w aid AwM11w aP U Ka (iii) to execute eeea is eieiiroee rlew�weie se fee�esl� ark #es �eerwenileee awd (�v}ie.iria aeaie silver a�iiae � ie sr maybe necess@T Md mil•V RV X10 IN WITSM W� %l Awn hereunto affixed my name al POP" &M&M this 7th day of February, 2011 INSITUFORM,TECHNOLOGIES, INC. April A. Cnarr Assistant 9eeeelW 152 of 703 �1 153 of 703 App -db oR I GMA L BID iW� �a 1 rP Submit an oriainal and o co iirr WI [mss irra awbd �6 � JEA Procxne T. Lobby qnlqWMkm. 3wWwlu '1aaYaniogies, Inc. �M6MWWjjpMWW !!!! tractor L # M pm �� f 1 tonal teed ■ IN 6 L ]ir paa60896 c mmmmpd� 9WTAL (6om Bid Form Page 5) M 06 fi f sWMm tat �ra*i�lar *sa�ee d eaeF�� IN aaW n I FEMANU fives I L ua.aL%o Aff�� Han v H. D oual J LB T Authwlz ouglas Thomsp VP- Global Procurement /Operations bYtppo Ppnted Name and Title M"! u 154 of 703 i L,lST OF SUS CONTRACTORS AND SHOP FAMgATORS Ike hisohn subcontractors will be utilized In fulfilling the terns and conditions of a Contract arlsfng from ow.W of JEA IFB _1 1 -11 I (We) the undefslgned.understand that failure to submit eald information will result In bid . I (We) will employ the subcontractore specified below: (Use additional sheets as necessary) 'Name of Subcontractor Subcontractor Primary Percentage of IF— It'll Q.Yc ..v&:�wr►.• Work- 15 (l W Ae.y' Yo U Vwt, n� �ad.Vre (9110 . 647- tqq 2- Signed: 35'7% H. "Db "lae 1ri0Kae�" Iobal rwusam .t . Company: Insita rm Techrwlogiee, 1no 16906 W:Lson Avenue Addre5w chearerl:Jeld, ma 63oDs Date: September 20, 2011 of good cause and the written capsoW f NOW II at be changed more that r 2%�f al Instructions to Bidders- 01 s 155 of 703 FLORIDA TRENCH SAFETY ACT ACKNOWLEDGMENT 111111110 Irojeatlnvoives trench excavations that will exceed a depth of 5 feet, pursuant to Florida Statutes. Chapter 553, P!� Trench Safely Act will be in effect and the undersigned Bidder hereby certifies that such Act will be complied i ding the construction of this Project. Oft admowWges that Included in the various items of the bid and in the total bid price are costs for complying with 4* 11IWida Trench Safely Act Bidder further ldeniifles the cost to be as summarized below: AM Safety Measure Units of Measure quantity B. C. TOTAL. 156 of 703 ftwia1■ e l 157 of 703 KNORR -�UN -Ml� mv� KNEPIN WSJ r r - ONE m MR-ORM MMORMI. a N. - -F mmmm" MMEN rw% l ow I Minn R2. limmommi cm �71 ftwia1■ e l 157 of 703 N Sw ■' 1 iii 158 of 703 man" M.. p V M IN Pm PROM mmomm � m WRENN 75 mmum main .......... ERIN 159 of 703 Orr 160 of 703 SUBTOTAL ToT iWV .i 0 1 0 L Wi - For each d lfll iee9lb" NEW � 0 i WS I* material evaluated. Addillonaliy, the Conkaebi GW �� V M � changes In thlcknese, These WH nM evaluated, VL�s IM #m @w*@K. AW 100 of 104 161 of 703 Limb t �I�rl�4f >,�� i♦r �1l�r Irk qi� �tTllllllllf Illllllllrttttlllllllllllll� off IQ I� AE �� Aier�i Ilf llf tttlll� a t� 1 1 1 M ICI- AJ%m ♦1� �i �. 9� AW 100 of 104 161 of 703 10 LLrF 'hFT�M X34 r0'w 6& VENDOR 12330 SHIP TO: TO: LASERFICHE City of Boynton Beach 3545 LONG BEACH BLVD. ITS DEPARTMENT LONG BEACH, CA 90607 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33%IP5 LINE# QUAN'TIT'Y UOK iTIW 00. O&ID DESCRIPTION UNIT COST 1 l . a! � MAINTENAN(M JW W. MM �H1il�L - CI - 11/� f90i9 - 14905�111013 S 1.00 < =* tT 1160.0000 �1 /Oi / ■ lP/06�3d13 s ■ '■ 9, 8012 to ' v c ■ ■ COST R175.1@0 1160.00 PROCUREMENT SERVICES: �J p P.O. TOTAL: 23330.00 ACCOUNT NO. PROJECT SEE BELOW PURCHASING 162 of 703 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD A.&. t o 11437A P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425 -0310 DPRE: kD /AP /1P VENDOR i>• 9M HE NG BEACH BLVD, CH, CA 90807 SHIP TO: City of Boynton Beach ITS DEPARTMENT 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 1�b EXTENDED LIOW QLVACITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST *w��w7Flwwwwwwwwwwwwwwwwww wwwwwww* wwwwwwwwwwwwwwwwww *wwwwwwwwwwwwwwww AOCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* �k��w�r� , �wwwwwwwwwwwwwwwwwwwwww *wwwwwwww *wwwwwwwww *wwww *wwww *wwwwwwww Y.N.. •r --- -- �•� --= +r r�r�yr �- - - - - PROJECT AMOUNT - - - - - -- - -•k - -• �a:, --I-; ---- - - - - -- 131m ��w 22170.00 - Wlll1W13�ri91 - l 57 99 1001 1160.00 r ■ ■I' ■ 1 t ■ ■ L ■ S ■ PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT PURCHASING 163 of 703 Z ll` H I a� A u Nib ■ �� AU ■ ° u z H H 1� r4 0 A ��E H a Rim O O rl ■ O N I 'J dl 0 p O o � o N M N M I ■ N N W I W ■ o o •• d oo n O H o E H oM Ir ■ F a A i i a I ■MI .z iV I I I I I I ■ I i ■ i I ti I i I I H H I N I w i w I ■ ,-I N i �,a w 1 ■ ,a 0 0 M N ■ ■ � G rt N W 0 p O EL .-I W I � rl H 0 N ■1 �o H� NW so FI wl T ■ 164 of 703 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: l- W251201 LP Requesting Deter•: Contact Person: Craig Ramos Explanation ft LaserFiche is ft ClimModo I Agiiiiiiiiiiiiii for your data. State of the mil r Server architefte 2MMbhW Iy tl• W Mo dWEENEEks over the network efficMWAj fir UK. Files can be soom* W or le@&W W& ilimeft n1iiiiiiiiiiiiiiiII gjor index fields. Image di m Am r viewed, faxed, FRWAA z>W swilitmW gi�. ire Support and Maint�llllllll Wohollm (2) days of VIP !tAM (rr 1"r� zltlwrlrw dents (to be used any tiwv 4qpftj covered perioc". II <OP Qi Must occur during,coverei p*4*4 Recommen Dollar Amount *I PapWWwo Source for Pull mr4#ach backup materialsMI Three WritteFl F GSA State Contract PRIDE /RESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contrast Fund Source fir lllwpehM: Date Line Item DesclllAbtM Account No.: Date Software MaintiioWiii! WT- 1510 - 513 -46 -91 Date Utilities Softwam UNt W - 2823 - 536 -46 -91 Date Department He§A Date Purchasing Ageft Date Asst City Mana@M Date City Manager Date Form Revised 02/01/02 (/ a-- 165 of 703 3545 Long Beach Blvd., hmW rte, M. 9~ irk ii2 -WE ifii Ahm iii wr w .laserfiche.com PU - B/3 %Mpllft WPI P s PMWW MW Renewal Vi 64L dirk IIIIIAMONIIIII milly at 101111111411114111 iwi Qi� L= ' � k LSAP jW. Mr2x no= sue, IL Idea I-f U" 1111 91`011111111"e 91111111"Mm plum 1111114MAIIIIIIIIIIIN n mi: 0 I i" f s^baces (16 Hours billed at 15 mWAv Wamm*PM SAS Iw iee* aly WwAs Am*M On revered period of 10/06/2012 #wlWh VVI~ o I QPP X17 ftgistration for the courses it and dwar Amn No mood piiilf aI ■ OWN12 through 10/05/2013) RP Ll O Ileeees to the support site, which 'm iiiiiiiiiiiiiiiiit Wm l!& Irticles, webinars and hotfb" %r it hammlWkI, wire at Per %L � Tlri illhEWL silliw s ■ &M mmmm ..r pmwuo*w ww* aftim om rlrllrrrrh m Im WIMW "m M 26 W WM Ow to As aIWm @l J6 ONPOW" VF Mi ill� wrrm. ■tire roils% approval to: Monk Lm" *60 cbarrick@laserfiche.com For billing inquiries please contact: Ellen Castillo, (x532) ecastillo@laserfiche cs 166 of 703 its Ail NOWw rk 1fiiP Pi67A) r =� AM IMF IM llm s r �■ �� A� 6 kst W67C) h 0 P1 LIT L.IPP W67E) 1 r�s+s�s LF ill � ILllSS 1 LFOWNION"WIM(1826148) s V FMK iiiP 0106W) 1 s) r AE bdmpmiw S. i W (69275A) 1 a I mma idev P J19275A) � Will Fv Li w m m mma A ■.stiff 9Feeft8 j LF" .our LP M!rlMt'! LMP r-W" I WOW" bMPF lw hdlg (75685B) I Afifi^uluY law (" 26 61111111SUL k6 dmmmW hm&TMW h6AP (97908A) r Amm n mi: 0 I i" f s^baces (16 Hours billed at 15 mWAv Wamm*PM SAS Iw iee* aly WwAs Am*M On revered period of 10/06/2012 #wlWh VVI~ o I QPP X17 ftgistration for the courses it and dwar Amn No mood piiilf aI ■ OWN12 through 10/05/2013) RP Ll O Ileeees to the support site, which 'm iiiiiiiiiiiiiiiiit Wm l!& Irticles, webinars and hotfb" %r it hammlWkI, wire at Per %L � Tlri illhEWL silliw s ■ &M mmmm ..r pmwuo*w ww* aftim om rlrllrrrrh m Im WIMW "m M 26 W WM Ow to As aIWm @l J6 ONPOW" VF Mi ill� wrrm. ■tire roils% approval to: Monk Lm" *60 cbarrick@laserfiche.com For billing inquiries please contact: Ellen Castillo, (x532) ecastillo@laserfiche cs 166 of 703 I 3545 Long Beach Blvd., L=M at•% Mh iaiV tel: 562- 988 -161 dm 5i jM -Wj1fi www.laserfiche.com liar To create the least amounj of 11POn T It Me, JI pptimize the benefits of your Laserfiche software we recommend our VIP support package. Our VIP Services program offers a dedicated support engineer, and remote access support among other services. The Laserfiche Professional Services Group maintains a select group of direct customers in order to keep close ties with users in various industries through whom we solicit feedback that is incorporated in the Laserfiche development roadmap. Additionally, LSG provides the following services as part of our VIP program: • Dedicated Support Illogberr - ■ M Wppri figineer will serve as your primary contact for hwww sire saNni t Wwse* a direct telephone line. • Remote Access Suprent - Mean dedieeled LJA 6epport Engineer can dial into your Laserfiche i fMEM qbdt =troubleshooting process in advance dF awo am& ase" Support hours can be used for upgrade inelNislW% ppeNem so*W% end consulting. • Preventative Maintewewes -te splikwiee srelew functions. As part of these "checkups ", LK; M vq F= «vith current LSAP) and new equipment, promse SAft as - ms s, fix operator errors and make recommewde6hpe sw orelewr v0podw. • Discounted Services — rwnin v1popmmm ew IN Services such as integration with exi9" jllllllllllli� INNIMf IIIIIIIIIIIIIIIagement consulting or converting from othereg.ayarassr. • Discounted Back -file ■amiss —tea AlIllidoM conversion from miomMehe, miwe166, mW pe�er�� wrrrr: R size from business cfft i r# 167 of 703 INFORMATION CONSULTANTS INC. ioioe/solxi� � f IOLA ti, ��..y "WI'tPro'1+�+ryrsiri4l ° aii�wYwi Ibwla $24, $0.00 $23,683.50 A 0 1: Accepted Date: IiMiEAM SonsAw& Inc. - Putting Technology to Work!!! 168 of 703 1,160.00 LF Plus Plug in LSAP 9 4,770.00 ! w E -mail Plug -in LSAP iY 480.00 �� LF SDK LSAP Enterprise Server LSAP F 750.00 4,200.00 trieval User LSAP 3,950.00 iifiillSON 11 User LSAP 3,640.00 Executive LSAP IqRMW1 I91WSUI - WebLink Enterprise LSAP i 3,190.00 600@80iYii Y - iFfnnapshot LSAP 500.00 ils� IIIIIIIIIIii1 - LF Advanced Audit Trail LSAP J 1,600.00 $24, $0.00 $23,683.50 A 0 1: Accepted Date: IiMiEAM SonsAw& Inc. - Putting Technology to Work!!! 168 of 703 ��ll F rI l -iiiii 16 Municipal Code Corporation Mhox 2235 • Tallahassee, Florida 32316 TELEPHONE (800) 342 -2633 • FAX (850) 701 -0715 Logan Di Liello, Senior Account Executive • extension 1725 • logan@mccinnovations.com October 5, 2012 WL Q "ina Luque ■Wbmm& Administrator ld 1sw 3Q0 Beach, FL 33425 Dear Ms. Luque: I enjoyed speaking with you recently regarding the Laserfiche software awd qpwivw OW91W a ! discussion we are pleased to enclose our Professional Services Proposal. While reviewing the pdWiaaal please keep in mind the following advantages of being a MCCi customer: A I.Mong Provider— For the past four years, MCCI was ranked as the #1 Laserfiche VAR in the United a fissional Certifications — MCCFe soakis wwRoNw wil end Holds multiple certifications in security, NIPPA, Laserfiche Certified ProfessOM ■V M -F ■ ME the peace of mind that we are !lam the best at what we do. b dwarnment Focus MCCi was crealls" Mlmoko inCede Oergoration to focus on innovative Vm0mlogies for Government. MCl i and services to more than 350 moment entities including Citiers farraia frtie Aseaeisay Special Districts, and more. ipasialization in Enterprise Solutiswa} filar %9&x! Mm mgia provide implementation and training eerpre to help make your solutiod an d dINEWFnent. We work with you on your � project plan knowing that ono AW hasadl we r/ be amW across the entire organization. This wa&adology helps you plan to meet *Win rW iw seer ifmw*We whether it be an immedian 0"ve or part of a multi -year plan. .1 Willaior support- MCCi utilizes a r iidapasad w ppeat Ysews geared towards offering each client mall jde contacts to enhance the umW of awmT pmdpw i a ented. We offer support through fV40Ip desk, email, and toll free 0r0W jM j9& i lly ali Mine support center that gives end raaa ccess to training manuals, `loew Ise iaib,assiwiwg videos, a knowledge base, and selwsare updates. 01 1kTlght resources at the right time- Whether it is integration, scanning and indexing services, an dAalranic forms solution, etc., MCCi has additional solutions that are complimentary to Laserfiche, wide allowing you to work through one vendor for best of breed solutions. If you have any questions concerning our proposal or desire additional information, please do not hesitate to contact me on our toll -free number. We appreciate your interest and hope that we will have the pleasurikAftEa7t LW yin tid &ruing the City Boynton Beach. Sincerely, Logan Di Liello Account Executive 169 of 703 EVE Laserfiche Order STATEMENT OF WORK ■&Amd6maWk &mire djhwur choosing r �r �R i■w�tlR J■■■■�■a��}aea�swr+sR r @ME or S – dbi wr Ii�iaafr r OW – 60mmIrd 96POE M – y W 10 hours 1k �Yaa/a�iaaarmW rarMaiwaiPa�l�l*f MIwa111 AM!!� l/laaJ! r�rri�rrrrr}lk nimuN�r �l +►beaded OPPF P goo ■�■■�■ filar Y�1 !�w sew�lRwewal�aa? Total Project Cost +24,930.00 brrrriW L iwww iM'C90 VW *WM"VO qW"W EWMR 0 4W WW W M If support is expired or nea&@ arpim@6" ■�� d0� �. F arrpprkra arwmW* mMmwJ, arif it expires prior to MCCi recokft gaIllim" im bmwAslim @OWPP@; !i% 00fiEL N r is due upon receipt of an invi. ■■� ■ ._ ■ ■ _ 31 ■ ter.■ ■ % ■ ■ ■ 170 of 703 Qty. cost Total l IRE SUPPORT - BASIC LSAP LOWO Werprise Server $4,200.00 #&iii Lf ■aldkook $290.00 ftm.W LF by !i6e L $690.00 1111111111116ft 61 rrllilwr $130.00 $Lm-1@ LF ft*Firmi User $50.00 90a~ Plug In $20.00 EpmW 049M In r $16.00 LF MA ti" !♦ plllll� 3 $1,590.00 #V7 Jw iMei�liwk �� 1 $3,190.00 "LdLS 1F i $1,600.00 IV,@*" ff -'1bmw 1 $750.00 1■iIIIIIII ■&Amd6maWk &mire djhwur choosing r �r �R i■w�tlR J■■■■�■a��}aea�swr+sR r @ME or S – dbi wr Ii�iaafr r OW – 60mmIrd 96POE M – y W 10 hours 1k �Yaa/a�iaaarmW rarMaiwaiPa�l�l*f MIwa111 AM!!� l/laaJ! r�rri�rrrrr}lk nimuN�r �l +►beaded OPPF P goo ■�■■�■ filar Y�1 !�w sew�lRwewal�aa? Total Project Cost +24,930.00 brrrriW L iwww iM'C90 VW *WM"VO qW"W EWMR 0 4W WW W M If support is expired or nea&@ arpim@6" ■�� d0� �. F arrpprkra arwmW* mMmwJ, arif it expires prior to MCCi recokft gaIllim" im bmwAslim @OWPP@; !i% 00fiEL N r is due upon receipt of an invi. ■■� ■ ._ ■ ■ _ 31 ■ ter.■ ■ % ■ ■ ■ 170 of 703 • Ards Management + Onmes + bwm settings + up Procedures bleshooting Procedures + 1'nical Support Overview Full User Training Introduction to Laserfiche • Folders and the Folder Browser • Scanning and Importing • OCR and Full Text Indexing ■ ■ Document Display ■ Index Card/Templates ■ Document Retrieval by Index FielAwIll TA&MA" • Annotations Extracting a Document from Laserfiche • Briefcasing and Migrating Documents • Customize Laserfiche Volumes • Security r • Advanced Features — Plug -ins 3 171 of 703 �.z �i.I � ■wo, irrrhirl _ r — _!1+�r� Wrii�l Y LASERFICHE OLlw.�h15 LaserFche rU-M MCCi can puwMh aiinei iswAab horhm Idlil" p7ft W@MM. MMV21t MM§ a �1 of module —Id 9hiveleWMM IS& IMIllillillillillill 1 Maw iiiiiiiiiiiiit 6& jb md&* w sari egpbeiw Plug -Ins mIy io Loam `e iasssArY�e pislFsww. Nesee rear to �e 11eA11 page /stateme t at wank 6.6Wmwxivmm**h mWdit IM Mn Capture MmAkEn Laserfiche sks 1518 manning. A collection of ISIS SQM9M tth=L QI vAh Laserfiche V= Its$ allow images to be scanned tL-MP r wp"PW sss�wsnw ScanConneat Im is s k gwriawA as an add-on to both Laserfiche qmm" tft Olt IMMML Laserfiche WENOM�: is included with both Avante and RIO Full Named User Licenses, am wo Asrssstrinsym mi text from an electronic file (e.g. a Word document, a web Ii I text editor,vM.L 70m A* 1wwwo Vp Laserfiche Snapshot capture the content of the electronil f1111111 172 of 703 POW "M l 1: 1c 1 Av*im — A I�rr �1f 11k dEft psi Ir In W. We Isis ..■.mow � 1�6r sp�rsc !1! ylrl�ap � I�ssrs� IW isssrW Pow . 1, (f 1, irliuiid �w wirrr, ar Mr Msssssssa. 1e nk) P�ssssssr, �e ilwwww, s�� a�pisssossr< 0066 hs ow" Sm is s iWid Aad ISiirsiYad owF ar amIor armisrrf psssssssr i��ssssaa i111oid !Iir1Y �iwswsr, *rliMap* 9MMIQ " fiedmuSillieg I,saaih* spplsomm �. IIsIr: �wf tMe Iuaassar) iAtslii.Ppwwsi� Italic Lm w an madw 1 tiom ia+ 3 � � traaYat tll! IrYi PwYal � nla�! t11a�1 I ;1lation Server. " LASERFICHE OLlw.�h15 LaserFche rU-M MCCi can puwMh aiinei iswAab horhm Idlil" p7ft W@MM. MMV21t MM§ a �1 of module —Id 9hiveleWMM IS& IMIllillillillillill 1 Maw iiiiiiiiiiiiit 6& jb md&* w sari egpbeiw Plug -Ins mIy io Loam `e iasssArY�e pislFsww. Nesee rear to �e 11eA11 page /stateme t at wank 6.6Wmwxivmm**h mWdit IM Mn Capture MmAkEn Laserfiche sks 1518 manning. A collection of ISIS SQM9M tth=L QI vAh Laserfiche V= Its$ allow images to be scanned tL-MP r wp"PW sss�wsnw ScanConneat Im is s k gwriawA as an add-on to both Laserfiche qmm" tft Olt IMMML Laserfiche WENOM�: is included with both Avante and RIO Full Named User Licenses, am wo Asrssstrinsym mi text from an electronic file (e.g. a Word document, a web Ii I text editor,vM.L 70m A* 1wwwo Vp Laserfiche Snapshot capture the content of the electronil f1111111 172 of 703 OFTWARE DESCRIPTIONS _. a QF Forms Alignment: automatically repositions scanned documents to match a master form, correcting for scanning errors and improving data extraction. QF Document Classification: designed for clients who deal with multiple forms, and will recognize and process multiple document types. QF Auto Stamp /Redaction /Bates Numbering - The Bates stamp option is a document auto - numbering annotation option • QF Optical Mark Recognition: detects handwritten information, including marks on surveys and ballots. ■ OF Agent: enables administrators to schedule forms processint an x&.10 rW 4kuick Fields sessions without operator intervention, reducing labor a&& wJ spdatiaiy baukna4 procaaaac. • QF Forms Identification: automatically recognizes the form or document based on its overall structure, even in the absence of bar codes, form data or other distinguishing information. U OF Forms Extractor: removes form outlines to isolate data for more accurate capture. • QF So i 1 1 1 : Offes p"Wtor, which allows developerito write C# and VB.Net Scripts, and insert 1111116a 09WiMaEWIIIIIIl1I1I111ll3 Session. Distribution Modules • Laserfiche Public Portal - WebLink -: The WebLink module pubUkeaiM Asommmb iwm Laserfiche repository to an intranet or the Internet in read- onlyfeww. 1"SlM" W a (fade available through the Web almost instantly, and users need on(µ 3 !ha for in ruler to access them. Built on ASP .NET, WebLink can be customized to ns6ele ** it+k.awd fsei sf en organization's Internet or intranet site. • Laserfiche WebAccess: Laserfiche Web Access is a Web browser -based thin client offering virtually all of the document management capabilities of the standard Laserfiche interface. Web Acc! allows your IT staff to roll out high - volume Laserfiche access without increasing your organization's application support burden. Authorized users organization -wide enjoy simultaneous access to documents, whether they are using the corporate intranet or logging in from a branch offic% .: Laserfiche Mobile Access Options: Laserfiche Web Access is required for any /all mobile acct■ options. Web Access Light & Laserfiche Mobile are both options for providing mobile access to your Laserfiche solution: Web Access Light: Designed for Blackberry, Chrome, Opera and Safari mobile browsers, offers a lightweight Web interface for popular mobile devices, enabling users to search and retrieve documents, as well as approve documents and participate in workflow automation processes, while away from their desktop computers. V Laserfiche Mobile: The Laserfiche Mobile iPhone app takes advantage of the iPhone's touch screen, gesture recognition and high resolution interface to provide users with an immersive experience. Features include: m Create and upload new content with the iPhone camera. • Automatically crop, straighten and enhance captured information, with W Not recognition. r Copy, move, rename, download, e-mail, priMWMINM ariorL + Browse for docorraoM in s fWdw sbmm6w w monk on ewl" pvpyg f 173 of 703 DESCRIPTIONS ■ changes to repository -wide settings. It can also track all the searches users perform, rdlllIglg Users to enter reasons for performing certain actions, and automatically add watermai to ,printed documents. Laserfiche Integration Plug -Ins • LF Integrator's Toolkit: Provides ecessary for customizing Laserfiche, and integrating Laserfiche with other applications. 1 Third Party Integration Plug -Ins: Electronic Forms ad Datallow Affinity Integration- Datallow Affinity b *M 1ft g gI document management to the applications you use most. Document searchesr 10 reduced to a single click of a button. New documents can be added to your La gm*00M repository without manually entering template field values, file names, or foldim locations. Affinity truly makes Laserfiche feel like part of your business softwares • LF Integrator GP — LF Integrator empowers Great Plains users to scan, search aw VA supporting documents in Laserfiche document management applications direc4%i the Great Plains menu bar. Link the document and workflow management powaP of Laserfiche with your current Great Plains implementation. • LF Integrator AutoCAD — LF Integrator for AutoCAD allows you to store AutoCA` drawing files or associated documents in Laserfiche, including embedded cross reference files, directly from the AutoCAD menu. Launch Laserfiche scan or search modules using the drawing file for template or search criteria, or create a Laserfiche document template using the fields from any AutoCAD drawing title block with a single click. • GeoDocs: GeoDocs'" is a web -based software that seamlessly integrates ESRI ArcIMS (soon to be ArcGIS Server) and Laserfiche. Utilizing robust search capabilities, users of GeoDocs can access digital documents stored in a Laserfiche repository from within the web -based GIS program and vice versa, access spatial information stored in* GIS from within the Laserfiche web client. • LincDocs (Electronic Forms)- Lincylm'a 6uhm VrilydrVwn eme6km =W doemp ntwromation tools empowers businesses and go 0 e�ieelieir� to ye�!!e •�•q � gg S pnd constituents, reduce costs and betW W � M complies with existing systems thromM 1 961 MwwNWmwA&wrw "Niwfs de"Went repositories, version control, businvmPkWnWwm oft gp" haserfiche interface, databas4 integration and Word- and PDF -ball III AJI1111116Mg ill 174 of 703 JbIW SUPPORT - - - - - hmsssm .lr The Laserfiche Software Assurance PV M1111111 age }war investment and extend the benefits of your original purchase by providing Nu gggl%'MO■ needed to ensure that you maximize system uptime. You have access to a 111 Me Ow Io■edl7r support or submit tickets online through our support center. When yewabseiise ieVa WO lea receive the following benefit: • 100% upgrade credit for OW 4� � * ■e event of an upgrade) • Free software updates foe • 24 -hour FTP and website 606MLfi MCCi Online Support Center 1 Technical bulletins and newsislbes TRAINING CENTER MCCi's Teel ft Owowpo**dw am easy, cost - effective way to provide Laserfiche training to all g11R1 in your orgapkwfte' Op gTr geig"tion allows access to our online course offering of over 200 training %A� 1'IA g� 7 home to video categories such as Laserfiche Administration, Laserfiche RaM, ' leeks" seed Tips & Tricks. All videos use instructor descriptions from Laserfiche Certified PeeFe1V1gl10r.'RJ *Pit" r enter provides the following benefits: i i! essssc 16 wr.hrsend Laserfiche training videos and other resources AsIlligeiinin JVW*5 1Wnses ■ OWba 16 a1 M lirok Lem Basic Users to Advanced System Administrators W linlin K seWfmmyWentire organization + iFis mlllis&& and pacing Redas@hm in iwWr* mWort 1 1■se� irsNrereg irsreel rsege� MI MObLiM Mss esgasbi■ &A s l isseAdme MaiNieil • low" "d sesrrPsdae" MANAGED SERVICES MCCi Managed Services are strongly encouraged to be included with every support renewal and provide the client with a discounted hourly rate by purchasing an advanced block of services per year based on the products purchased. Managed Services can be used for the following professional services: • Additional Training - additional training, via web conferencing, can be conducted to train new users on the use of the system or as refresher training for existing users. Additional System Set Up Consultation - MCCi offers additional consultation that includes recommendations on best practices for adding additional departments, additional types of document etc. to your current system. Remote implementation of software updates - While the standard SAP plan covers Irss updates for software, implementation of those updates is sometimes overlooked. Wi* Or addition of our Managed Services, MCCi Is at your service to directly assist in implerMIRMQ software updates such as minor updates, quick fixes or point releases. Major software upgrades may or may not be covered and should be discussed with your Account Management Team. 0 Annual System Review & AL&M - h1m+o uslie", !i will access your system to review and analyze how your orgam4sliw* is asi9gi0s sle" identify discovered potential problem areas and make yse of the system. This analyls 16 designed to be implementaM moodw aLse ie &46W loftware installation, and show* b1 175 of 703 _ffA_RDWARE PEbFICATIONS MCCi will provide necessary consultation upon request, as to the compatibility of current hardware with the Laserfiche System. Changes and recommendations will be made at the time of consultation. See system requirements below. Please keep in mind that these are the minimum system requirements, and should be considered independently rather than collectively. Additionally, overhead for virtualization has not been factored in to these requirements. Scanning S i■ri" (a Windows 7, Windows Vista, Windows XP Professional (Service Pacl1rr Wa* CPU: 2.8 GHz processor or faster Memory: 2 GB RAM or more Communications: TCP /IP Web browser: Internet Explorer 6.0 or higher Client: OS: Windows 7, Vlfrrdwnw *ft,40ndwrwlW iiwfw■bml (gwMes ft* 2 w IK" CPU: 1 GHz Procamwer III" 116ANAGilillbYGIoI iaae IrYrGW or Lew weir Memory: 1 GB RAM # WjrjL Communications: TCP /IP Web browsm: Internet Explrrii riislino 1 OV "" 05: Mllrlllmr ■, Windows Vista, Windows XP Proflesll11s1 2 kRR' CPU: M GY■■ii■cessor or better, Performing OCR: V Onr■ 2.dmd* w fw�}wwww Memory: 4�or more Communications: High volume iwri■ aineidMirw V/i■d■w■ Jim" with 8 GB RAM, Intel Core`Duo Processors 3.33GHz Laserfiche Application � OS: Windows 2008 R2, Windows Server 2003 (Sera T CPU: Quad -Core Processor, 2.5 GHz Processor or beu* Memory: 2 -4 GB RAM Communicate TCP /IP Image /File Server Storage: Typical usage factoring is 18,000 black/white s torage (NAS), Storage Area Network (SAN), or a Local Note: Images and Electronic files are stored se Database Management System: Avante SQL or Rio SQL: SQL Server 2008 R2 Sta �Iease 2 (9.2.0.8 +), Oracle 10g (10.2.0.4 +), Oracle 11g (11.1.0.6+). For MSSQL, MCCi recommends storing the MDF and LDF on different drives. Gro of &&do hUb iGYf■enYlas to 5% to 10% of cumulative Laserfiche Volume size is anticipated. Avante SQL Express: Microsoft SQL Server 2008 Express Edition Note: Oracle or Microsoft SQL Server must be purchased separately. You must additionally purchase enough licensing for your DBMS to support your Laserfiche installation. lweplileArMlorkflow Server: ir■ Windows 20R Ii, Vilkdww Sw■■r fiiii Oinvice Pack 1 or later) CPU: 4 Core Procimw, 2 ILW GiiiiesYBr Yirr Memory: 4 GB RAM Communicat! TCP /IP Laserfiche Audit Trail Server: OS: Windows 2008 R2, Windows Server 2003 (Serviced lir 7 CPU: Dual Core Processor, 2 GHz Processor or better Memory: 2GBRAM Com TCP /IP Local Storage ■ CA Drive with 40GB or greater available Web Module Server(s): 176 of 703 The terms of this agreement shall rent ■ LpWM mF do* OR AmpAmA U date appearing below, unless accepted% VkJlplrq Submitted byi MCC!, a Limited Liability Company Date: October 5, 2012 By: ■ (Signature) (Printed NawR 4h Ti" Witness: - (Signature) Noted Ite - I - bp THE CITY OF BOYNTON BEACH, FL Date: (Signature) Witness: (Printed Name & Title) ■ (Signature) (Printed Name & Title r 177 of 703 HA RDWARE SPECIFICATIONS 061161AW r Installing rr r i6rAwamehoh — Mieblink": llr Windows WIIf�� E 7 UPJ6yb Server 2003 with IIS 6 ow 2.8 GHz or flallr petRWM �arrr� 1 GB RAM r aneon Web Browmr `aaM6mwwimWwm� 6110011210 tYair Prifr mpondoommobviffiviLritly when using InterM � 1. ��rU 611111111111111111 aw fir, IdIiai mW Emma Note: a Clients are MIrIP11111bk 1W 01 adrllrleNel9lEt� ��r �! -1�, that are required tali in6innoWndo rmi nabwww, Am aaarrr'le mrlbrbe a!" u p "Kerberos" it Yr mko W&W 4iaraarrp a mAnnfienhisin, = 22101impu*a N aaaass to allow Laserfiche') iIIIJIMM — 0 &rte 1110i && 1116A� SNOW. Laserfiche Public Portal — Weblink Per Processwom iatisso The Public Portal License allows unlimited cogpjj§� par pir®aarr liirWatirr WW roor affect the Laserfiche application server performance (orrlprb� W jM r W o qa arrairrmd 41111lail arrractlons). The client must have one Public Portal License Y @FW @1W dish% tp 11111PIRM It RPM Public Portal license must be licensed by the appropriate nrrlsond pu rmorrinS irl" is mmindrnba r mWk weft 111110 processors on the Laserfiche application server that the F9WPkMgAI erupt J6 %K MINW6 iaAM now lure ■ dookprocessor or multiprocessor Public Portal license in order 46llRlllt pa UIEF" � IM11M gyp o ntrairrocessors. Public Portal View Only Licenses may only be rear rFftr vIr**;"mumot wF Neble 1lr some po". OCR Scheduler for Laserfiche OS: Mtirdww spopp lerr Vawm: 111, 04 bit Requiremeo tr Yunilalr 1faniom tl Innovir Onrao= nwnbeL Iaserfiche Version 8 Client. Recommer : 1riMAW691immlBarr1 r Note: Does RR ljjffRollt ter 11jpF R, � Scanners: L Must use ISIS drivers to be compatible with La .Mnner compatibility should ■a confirmed by referencing the most up to date Laserfiche pu at: http:// laserfiche .com /static/Resources /scanl is�1 5 178 of 703 §AP i ||) !) }|! k!, ,! §;!!_ \�E | ,9 ! /,§f§f � � � & ■ � � | k | & | f �| 179 of 703 k\/ a - 2! !.7 �/ �, t�l -| - E !; ;:! ■�° ■ .K |f;! | |§ E | �! ! §!! $Ets INME, \; | ;f §!!�7 |\ - �! |!;l ;� !2• - f �| 179 of 703 PURCHASE ORDER CITY OF BOYNTON BEACH, KDOU PROCUREMENT SERVICES DEPAAT~ 100 EAST BOYNTON BEACH BOWLr & ] : 13036 BOYNTON BEACH,FLLORIDA 3349WQIII CATER # 10 /25/12 VENDOR 53 SHIP TO: T City of Boynton Beach POLICE DEPARTMENT ow 7" 100 E. BOYNTON BCH. BLVD. i BOYNTON BEACH, FL 13"1 LINE# QUANTIW 1♦11 1171 114. AM IWWFIFTION UNIT COST 1 16577.1 IL G1 �AMN61k AMn&EN 1.099® �71'FY I�i1LL 71ii0!!�! f .�1 � �. 1iRys1♦ I s'i're oo�>F �,�+J 000 - - 1121 Z — H. lb. =Li, JwC i'O VENDOR �_ r 1 _ V ■ ■ ■ ■ EXTENDED COST 16570.83 PROCUREMENT SERVICES: `u Z P.O. TOTAL: 16570.83 ACCOUNT NO. PROJECT 301 - 4101 - 580.64 -15 GG1107 PURCHASING 180 of 703 ti F � rl M I U V ■ t AF■ w �n M U I m m wo. m P'u w ■ ■ ■ HH ■ o z H W O ■ O� A H. rn H I u C4 m H 0 zoo u .H a w WW w0 H oN _'4 Ca W� 7 w ox 0� � a O..+ a E • qU � 31� rl UI w w � • I 94 U x 04 0 0 F w p; H I H (] o f l� P, w ° ozm 001000 UNIUM •i' 6 1 i ry'0mNEO F4 ,..-�7� 0 F��i U L1 E F O Ui H U4XU E W 'Z.G3O Q Hfe OIU W x za H az m { 0.; i o r ■0 J 4 flC H .ohm rk li U � h Iw y I U 1 U H w 8 z �C G a w � as H El 0 All U r 0 ro HN O .-I Uo I'C M �H a i r y H W $ W O U O H F H a I � 1 181 of 703 1 d� z D w a w w CITY OF BOYNTOP REQUEST FOR PURCHAM 0TM #MM impartment: Police Department Contact dMoM I atUsco ASA 5550 Firewall to separate Police Department network from im mordance with FBI /FDLE regulations. Purchase is part of overall City � J!@�Imwo of Purchase $16,57_ dkiiillillw IM chase (check and attach backup materials): TI= IIIIIIIIIIIIIIIIIIn Quotations GSA �1•at PRIDE&ESPECT rr4 Sole Source AUrbee Budgeted Item MMMPMIly Purchase Other A IRt: Grr wl t R MMMM In I" MR MELrr AN- 4111+&r -M ■}mot l=d rkbWW AWt %brow L*Aftl r Date 10A Date a ayL Date Date 182 of 703 H Q N Q N W O w O w U O a x U E m z Z Q 9 E m0 c O O � J r 114 111121111 19 K x o $ ■ry rc ■ wW a ~ 7i K Y � W ■ � W N N U ■ Z L N � W 4 � :�: z a w N a m o O E 0 0 E a� a a 'c a n� p � a V C r- H C p N 'rp y Y E U C C y @ C C w E 0 W 9 If o1 a 0 8 O 0 K �l I c E 0 U 0 a a d ,C� j O 183 of 703 i t t Jill O s L V s LL 4 1 d m T m rn `o a r MW 184 of 703 a o 0 ro Y � a N N O r K m U N N a N � m h m i! f1 5 z 4 a � as�as a ^JU 'ULL CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: C DATE: 10/01/2012 FILE: ■ SUBJECT: PD Network Firewall FROM: Doug Solomon REFERENCES: ENCLOSURES: Please accept this WAKmrmjjw nation for the purchase and installation of a Cisco ASA 545# p jWM6 from .AT&T in ft l of r A?Ji The funding for this purchase will come out of the Cr Nino filial were earmarked br 1rome 5lrr PieNFft Wgrades. MAN# "W AU NMI Mft it W" #009EW1 *0 4� the Police Department shares w mew @& s'O t1W 496 d ■ IL t& is && l %wmAKW protection" between the � jlmft lfW s 11MM@& "A dw Isn irr OiWlW ■'awl jE1W network. A Firewall is rwwlMi" Not )�LYI rrerrld a� � ��'• 16 on 6mriq hij *on I. IL 1. 1, %Q ffffiftw d" .arwp or evoww4w or to N1W � lam, or WbmwAka qwb omr qi 001 0MM 1� 0 1. 1 pn +ors %=W" I s4 8000 fid i 26M lam A sal To iii Aw 1lswr4 brat is C4v Wdo" P" imb ■ OFF= d MENM 0"WWq we 4 WfN "W MOR"M NPIPME to W qw k of M 1, wl"b m0i"deb rWqM= W 3$ lW 40 Sri M My d b seaw #A eWAAN% M 40 flr d� die da in ltqWlres* 4e Wm0im wmimft CW am it !,, ld 64 mar ref+ eL ftr "Mk my as IN" ■ AS 6RhA ! adirsse ftWK. o. U06Mb � "W ANNE" "m ■sl =4* is P! M5 boom* 01ft 000L RNMEN" dfwb as ■rrrr must M In s dsYise 8M6 W I PW" lm ft end C4* Ro. x"Mv # ad � >i � S i iflE dEL&r dt no 2� wti dl OW 1•rMin • kmwihm mp� 1M1t M "*Wbs a 4 ON0 6 av se *6WN2W0V% Wi r 6 it ■ do W WN s>dw-WR Wesid welt i"" bum a IMMPW 1_ l: I W b CiW %I §W1t 40& irk. 4ae+� C.ia �� l ifl�r •s Mrr as4wer� I""& won f)• fv v�b W dho!} 16 La sm% wd wra Wbe s ROM16 V Ufa I& 1 &A *Ann b esatft m6 J W jj I iii gf " ri Iffy FMF NA d6 FULA Nm ■ • W= S -*4�= MA =0 JawisAbe ww e w io he =M IF 1m � JIMB � W should A& Low wgr gpWions 185 of 703 I � �*; Florida Department of riinisalJuatlpe Information Services Law Enforcement PM ! Box 1489 t ! fslW0009. Florida 32302 -1489 Gerald M. Bailey M f%7100 , Adm Peon% Setwll er Commissioner wwwoklmetete.A.us Jury 8, 2011 Service • now a � ■ " 186 of 703 a irYw ! #n a"* "& el Mooft� �Y i ■ �iry d ii T!f � i i�w pw itled ■.�M� !!! MUSA �i�li� ■. PPi 04 i b Elm us M rill hoo gste�m i("om W die I M I! ! IM r lrvr�r.d the ti l�7 lire to a rier �w bwtBeilals taRwkofn of tes, and esai epee #[M�e flee is 4� r ir! mr"ti ■ im law, i� could ! �lewee lwgl pMpW Im rMWural K! Iowa W oasiMt leper. 1 a will poem within a�ilsis M ieu M l any questions regarding this correspondence, please contact me or SMAS Charles Mul "1 410 -7126. IM 11111111 I Sawkill■. Uzzell der ,�■ Id 1A1. P6" Jderoww, Couild Inpililr9ecurity Officer Service • now a � ■ " 186 of 703 CON T Rol IT %W 6mmo■i, anon the leer+ date W" 0 4� f �ieaeeelalll subim y ■e ■�Nw Tlw t7see�■ts' tb tltd � l f�!! c7 1 1'ASL ? bf mO 4 iif' vM M ■iaa 1 ri & ierec mW of rl w�■uwrr. �■■ sp■■ifW nwerdld is lilt. � tttf WM S Mrrw A' ~ awm cmwomrtw a Amhff i Darnel sfawW titwilt■ast. "n" i■o a■sl iw awnialn "m so twe tttttemtti iwsedses osmok"d wt the Ctttttttm Vim, ■a ShmEisdl tiiid 16 giisiiimmki 16 Lm4 mum ilia Am Qmwm t, rtbiait L a art -a mmonr aldt4iled r eeedetta Wpqm A11 �- !U W If M � 1 r Am lint pied ww At dew of k" sipslo■ mf do pww■ ww■■"W b■isw. 7* Cttllest Jm"" V 0 lawims& Y■d, a tale d sneak, "I imm mw i` ie rV of so* wwi a■t bwAr • AiW iiiMLw dwmm&� to the Contact • ?lam �.MMFWM P1ce Shects, approved Product Updates, sir • C1! @FM J6M M fig. 7, 2008 ■ ommm is bid r 61L AAA=immmy ia■■■a�ts. Negotiation Sessions • %Mha l 1prini6m • idLlllii�tib ■ 9er:isRM Ittel�e■elle ll (�!!/!t 1l�f ) ■ asww■i a■eue■rrC f�11'}bbbtl �liwtsrNstrrr (Seal) Mrpan) ammdW�ni Se ptember 5.2M - By: Date Director of Finance. Public Sector Title AppmmW ■nt■ hwe wtd �Mp - a by Um iwstrl isrr■■P■ Office: l , 187 of 703 or lb # N*k Eld %MM 70792M j1 i�wrtaRrri Mia Oil aw w"Ua l 'mow 14 9 �0 MEMP s ONES & Mr.. bw v rariie MF �R 'owwww a■■�� +�w 4Mft ■alr ■.rtiraF &MaN W"i" ai 6aw"MW Opeadm awtrrirnkm fie rantract, she parties arw to Wmv r PMW pwVAM to 5ecdon Eamon !MIMM Mom la dLsLw i if ALAmwwu en. she castracbor wtl 11 A # E MMMMA INAN t avdu. -* ttapm" Oar iatara4i ill W � Mesas tfie original tta�act. UL lain Ye�� ■a Ii.� an2 Section 8.0 adAo:se:sdrsent 2's s►�e:�ecaEd and ar:�siy V �._ -Nw— report on a Cosderly basis. Repordng pednds coincide with W q! CtML%d w" 1M+a 1 ear+{ 188 of 703 r ■ i i .Ir■. i■i■I Y . ! ■ ■ . 1 ■ ■ Asommif ■ �-■ r . r � i . " i■ . Mrr . •■ .r ii ��Y.1 r ■ MP pq m mww` rs w• r armaZ.the re�wu 40 ANN • .44 AN *WE H6 AM6W6W 4- apoy m4b . . chpp r -wort H � -ib& 4bru am smawre Otr -, .. LN opWnu*Nv4 MW290 494 ZhV306 190 of 703 Y 1 rlYY % L AF p X , % .Y � 1 .L j � . 1 � 1 u _ a . _a— ■ nw — a raw L Aj Z u a� � a '■ L 4 A a m u j _ _ +n�_yy s n ■ ww! w � llw re./. 7.www�ly7 �I �WYll�ild.i Y i r w m n a r r n IV 4 Page 1 of 2 Alibrandi, Julianne From: Webb, PameliA Sent: Wednesday, October 24, 2012 10:16 AM To: Alibrandi, Julianne Subject: RE: Quote ID 321312803 Firewall for City Norks for me... A111a ol" Allie "Mmuw"VW n*1 of AFM+a bwsk yeqJ9" IU Effective June 8, 2009, the IW IN oe a lial l I ler week work schedule. O M E arm, ENEW I& . 046m v*l 4s closed on Fridays. this e-mail transmission and any attachments for the person(s) listed here on this electronic ;ubmission and no one else as it might contain confidential & privileged information. If you have - eceived this e-mail in error, please call the telephone number referenced above and please destroy III copies immediately. Thank you for your cooperation. :rom: Alibrandi, Julianne lent: Wednesday, October 24, 2012 10:13 AM 'o: Webb, Pamela iubject: FW: Quote ID 321312803 Firewall for City of Boynton Beach PD 'am: !A! � �� BEA South). W.Ud AL brClK & finance /Procurement Department lfi 6l)742-6322 J C Fom: VINEZ, NANCY M [mailto:nv5238 @att.com] .Ont: Wednesday, October 24, 2012 9:37 AM *0: Alibrandi, Julianne )Wbject: RE: Quote ID 321312803 Firewall for City of Boynton Beach PD Julianne, ftuested. Please let me know**"*% Vr dank you, %ncy Itocy M. Vinez V ice. tegic Account Manager ;60 US Highway One, 3rd blow lisp, YmW balm Y�k , FL 3Yi� 561 -775 -4245 1 Cells• PK4P 6-DM I PM itss- OPPEPO1S {x/24/2012 192 of 703 3.YiY nancv.vine-Qatt.com Page 2 of 2 flimaw alid aLi6r f' Tiro i■i�`i �� r �' TAiw 1"=.f aiewwr�}.ry.rrrrwi aweeeeieeeeeeaeeirrMsaMMeles, ie�eeneeeiieel, aiirls erebe eeiegter tre !!�tlrw6eileg0ele�er 3RlilJ.e ugieRi dole Go"I. N fee M rl "M erliie MWW et lMerlReE rare I!!rleeh Ib+leA�+� e+L MW r ++� Ih re �ne�+ eeiel. e� 'ns+eeieie f nq�i deer een� V ref�ii■ OWL ■aiiaaadi, WMar L7, i] 1:1111111 M 9W tiww■, � a 30 ksrriMa Oddow A5 3i2i312803 Firewall for City of Boynton Beach PD Ift "NW: klesked we sf bw uirsiw mis Ow irissrance. We will need proof of general liability, workers' compensation and auto .6ft &Z 7-N. sw /e=* rr� need to be named as additional insured. If you have any questions, please do ifi La@%RL 1i eoribA � %wA pm as mw& %r Wur help with this matter. MAN im Wm4imms some WIEEE Wpartment M/24/2012 193 of 703 Page 1 of 1 Alibrandi, Julianne From: VINEZ, � ■''OMIO�] Sent: WedneAKMOMWfill„ Pq bp AM To: AlibrancI6 Subject: RE: Quon eelll W%N@y& r fee& Ir Attachments: ACORD �l��r+10.22.12.pdf ii Julianne, attached you will find a 9a4111cale *N pwpmw@ promm" I= OW kmv Ifrm twim luestions or concerns. 'MM IM, ODO1 OWW *t. wnet Ir 4""d Illlaw"dw me" a It AT &T III ■ • ' - = ' 1 Or- aR- 1 T f EO i is flit f� iDr th■■we wl■/ ■f WWONONEWO" * 1 N; ■ T -am m" .moo +& ■eMeahr, bdi.r UP Ilk] UN Pik wf6r k : A webs; OWRIO QNW IQ VlIK2803 Firewall for City of Boynton Beach PD wormw- `7 emme ll a NO'e �� i'■iTS 1'E I� III �, aelelW" Jern AT S T. R■ QW it X15 elleegh %lee i1♦ ■ 0 LMjW r1� 1111111lillartment T9/24/2012 194 of 703 ilr�y ili` From: Alibrandi, Julianne Sent: Wednesday, October 17, 2012 3:49 PM To: nv5238@att.com' Cc: Webb, Pamela Subject: Quote ID V" M � 0 A of Boynton Beach PD Attachments: Insurance AAW �.iss cello Nancy: kttached is a copy of the City's requirements for insurance. We will need proof d N* Yorkers' compensation and auto liability from AT&T. The City of Boynton Bea BMW In he sad is additional insured. If you have any questions, please do not hesitate to contact rte. 17sig ysr r nuch for your help with this matter,, LtUav6m A U.brawdt luyer :ity of Boynton Beach °inance /Procurement Department 61- 742 -6322 ifibrand#@bbfl.us M/17/2012 195 of 703 br1ld1 Byers, Sarah r� Solomon, Doug how Tuesday, October 16, 2012 11:04 AM wr Byers, Sarah FW: CIP Account Number ■anager Department T- sofomondrla bib fl.us fir t, M 1:17 PM woomw=4 iv � P Account Number x 11116,16164 It of ��0 -15 �..r� 33425 -0310 ai WL%pc wfr a &* clink pw wA=9* coalwriy M R1! (M*' Vl 9,L 10 1 1 12: MOM MOAK i s� ig ■r i't■� Mai �r �i � i. owwiwl wl � ivager 19 rLMLLpepartment sotomondnabbtt.us 10/16/2012 196 of 703 6. H CONSENT AGENDA December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Approve a motion to declare the items surplus on the attached "VEHICLE SURPLUS LIST" as submitted by Public Works /Fleet Maintenance and allow for auction of the same utilizing JJ Kane Auctioneers. EXPLANATION OF REQUEST: Fleet Maintenance is submitting thirteen (13) items to be disposed at auction utilizing the City of Boynton Beach contracted vendor JJ Kane. The proceeds will generate revenue for the Fleet Maintenance Fund. Fleet Maintenance has verified that the vehicles are no longer of use and has completed all proper documentation for disposal. Public Works/ Fleet Maintenance requests Commission's review, evaluation and approval to sell the surplus vehicles /equipment. In the past the City has utilized this method of disposing of vehicles /equipment once or twice a year. The most recent auction held in June of 2012 resulted in proceeds for the City in the amount of $101,180.00 that was deposited into the Fleet Maintenance Fund, where the items were originally purchased. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The disposal of obsolete, damaged and surplus vehicles /equipment will remove the need to store the items, and allow the Finance Department to remove the items from the City's fixed asset records. FISCAL IMPACT: The revenue generated from the sale of surplus vehicles /equipment will be placed in the Fleet Maintenance Fund, and credited to the revenue account# 501- 0000- 365- 01 -00. Alternatives: To hold public auction with staff or utilize a different vendor or method of selling the surplus items. 197 of 703 198 of 703 t 7 do IL 1 l Ills i I11 b � tr�aiFa :!s 198 of 703 6. 1 CONSENT AGENDA December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: PROPOSED RESOLUTION NO. R12 -125 - Approve and authorize execution of three -year contracts for (a) Third Party Administrator (TPA) services for Workers' Compensation (WC) claims with Commercial Risk Management, Inc. and (b) Adjuster Services for Property and Casualty (P &C) claims with Gallagher Bassett Services, Inc. EXPLANATION OF REQUEST: Procurement Services issued a Request for Proposals (RFP) on October 18, 2012 for (a) Third Party Administrator (TPA) services for Workers' Compensation (WC) claims and (b) Adjuster Services for Property and Casualty (P &C) claims. Five proposals were received and opened on November 8, 2012. The following historical costs incurred by the incumbent firms for the last three (3) years were included in the RFP for potential proposers to consider. HISTORICAL THREE -YEAR (FY 2010, 2011 & 2012) COSTS OF PROGRAMS INCUMBENT FIRMS Commercial Risk Management Gallagher Bassett Services Year Workers' Compensation Property & Casualty 2010 $24,900 $49,682 2011 1 $24,900 $50,223 2012 1 $24,900 $41,796 A Review Committee of the following staff members reviewed the Proposals. Chuck Magazine, Risk Manager Pam Webb, Claims Administrator Matthew Graham, Human Resources Services Coordinator 199 of 703 The Committee reviewed the Proposals looking at Proposed Fees, Qualifications, Scope of Services, Reporting Functionality and Business Operations. The Committee was unanimous in the recommended selections to approve three -year contracts for Third Party Administrator (TPA) services for Workers' Compensation (WC) claims with Commercial Risk Management, Inc.; and, Adjuster Services for Property and Casualty (P &C) claims with Gallagher Bassett Services, Inc. Supporting documentation is attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? These selections will allow for the continued claims administration for the City for the period January 1, 2013 through December 31, 2015, with the option to extend for three (3) additional one -year terms at the discretion of the City and based upon mutually agreeable rates. FISCAL IMPACT: Service costs (projected as follows with the recommended firms and costs in bold below) will be allocated to the Risk Management Department budget line item 522 - 1710- 519.31 -90. PROJECTIONS OF COSTS BASED UPON RFP CLAIM PROJECTIONS* Proposer Workers' Compensation Property & Casualty Commercial Risk Management $29,964 ** No Bid Gallagher Bassett $73,945 $10,133 Johns Eastern $63,600 $14,860 Lamorte Burns $103,380 $58,400 Preferred Governmental Claims Solutions $42,860 $23,800 * Projections based on cost per claim basis; additional costs incurred based upon previous year's actual claim count versus projected claims in RFP. ** Flat rate proposal. ALTERNATIVES: Hiring of additional staff to perform claims services beyond the scope of current staffing at significantly higher costs. 200 of 703 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING THREE - YEAR AGREEMENTS FOR PROFESSIONAL SERVICES FOR THIRD PARTY ADMINISTRATION FOR WORKERS COMPENSATION CLAIMS WITH COMMERCIAL RISK MANAGEMENT, INC., AND AN AGREEMENT FOR PROFESSIONAL SERVICES FOR ADJUSTER SERVICES FOR PROPERTY AND CASUALTY CLAIMS WITH GALLAGHER BASSETT SERVICES, INC.,; AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE SAID AGREEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Request for Proposals was issued on October 18, 2012 and responses were opened by Procurement on November 8, 2012; and WHEREAS, a review committee was established and has analyzed and is recommending three year Agreements for Third Party Administrator services for Workers' Compensation (WC) claims with Commercial Risk Management, Inc., and Adjuster Services for Property and Casualty claims with Gallagher Bassett Services, Inc; and WHEREAS, the City Commission of the City of Boynton Beach deems it in the best interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into three -year Agreements for Professional Services for Third Party Administration for Workers' Compensation with Commercial Risk Management, Inc., and Adjuster Services for Property and Casualty Claims with Gallagher Bassett Services, Inc. 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 and authorizes the Interim City Manager and City Clerk to execute three -year 201 of 703 Agreements for Professional Services for Third Party Administration for Workers' Compensation with Commercial Risk Management, Inc., and Adjuster Services for Property and Casualty Claims with Gallagher Bassett Services, Inc, a copy of said Agreements are attached hereto as Exhibits "A" and "B" respectively. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of December, 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — Mack McCray Commissioner — Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) S:ACA\RESO \Agreements\Reso - 3rd Party Admin Workers Comp and PC.doc 202 of 703 "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING AGREEMENT FOR PROFESSIONAL SERVICES FOR THIRD PARTY ADMINISTRATION FOR WORKERS' COMPENSATION AND ea aangeQTV a�n r`w� "!tr v1[ I r e I r eovra THIS Al T N I!aillillill V& Wililillilli* &# <W ilif Eton Beach, hereinafter. a to as 'the Cam', Ir 9MMM0M W Vq TPA gndlor Adjuster", in consideration of the mum MMMM m 1. PR4iI �1 . TO '111111% 16 the City to perform SERVICES in connseffia v= Mrs W r rW 16 T1ii Tll1ll1ll ! Third Party Administration for Wow "- ---- - --- do" awrWWlwdar 1111111amilibseW =party and Casualty. 2. 9C^ -7 PNIMM 11% "s"ft swWbes, identified on Exhibit'A° attatF�i�� resrtsrais�FisraI.. rdara e% WAlluding the provision of all labor, mat*r� �Il rrR be made to the original scope of worn M11111iiiiiiii ikilift M!r M /r *is designee. 111111111 TIMIF ■qWtl* shall commence upon the giving of wfi w= MW .71111% Sail perform all services and prod& d adr jr+M MIPM p� ■ MW Ad�nt effective January 1, 201 ■ 4. TEFM 7Ms idk4a lsi a 4111f mid ars commencing January 1, 201 d, rr#In esaswds M iw� at the discretion of the City and bas�Fer+ *�� errand � nalsw 5. PAW 111111111111111111W. T%1 lIIIA MEN r MM * OW completed work and for s reran n "B" Compensation for Se a, popmo f MM Ir Vft 0 wM promptly on all invoices submitted to tm iF pmqmft I• Wo i itiiiiiii i Wyment to TPA shall not exceed the total am� W& Wart dop= i the Agreement signed by the City Managw se Mrel�aa b. Tlra T7>M wrar III klwWilisel~ 66 Wil� Y VW ■dnth during the progress of the work for Ram 4vA immisss wM klaw dwAwd lkfi Me City, and upon approval thereof, pay Ms wrsas�is � 1'�r in �1ia arrrwat c. TFr r�F�es�le �1Mrsement are to be kept available for � insp rwWMMrW s �1 }� rdod of three 3 ears after the terra ■P"m �. �� ble upon request. 203 of 703 X ERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and �r materials produced by the TPA in connection with the services rendered under this mp�eement shall be the property of the City whether the project for which they are made is muted or not. The TPA shall be permitted to retain copies, including reproducible copies, ■ drawings and specifications for information, reference and use in connection with TPA's EMeavors. 4MM 6i i Oft JL MWil" the services contemplated by this Nio aloo me 0 19mI, state and local laws, ordinances M OPP� ■ �� N! Wondered under this agreement. ` ►� TIII4 OWN iir+ill oid! hold harmless the City, its offices, I 11P arnirl araAn ' awed aN lions, losses or liability, or any portion Oft 14waa Nury or death to persons, including WNNNNpl or Z& ir )P*1P ow ernpioyees, or damage to property NV■Mon - WftoVf&n11 *4TPA. M ITL Nr oiiiiiiW Nr EWrW n iyrce throughout the duration of this am~ NO ■ minimum coverage of $1,000,000 per Isr tonal injury; and $1,D00,000 per I W bo 1• fissional liability insurance in the of per mss! iWpa•.i aggregate with defense costs in 1■ i Vg* "m !i el Mytton Beach as an additional named IMENNUM 140 mosift N ion of said policy except upon thirty A AM off 7EW;;4 ell coverage as required by this section 0 � 1W so MOW { to 4 rzcution of this agreement. 1i Q�1' ITiTW f WN iNr W City agree that the TPA is an I I I rlb @N&6NW r loplo ■ 40 NfilIIIIIIW povided pursuant to this Agreement 1A * dW ! i lb immille the relationship of employer and MNwaw ow poillka NaWk ! T/ Nor any employee of TPA shall be ■'� tai "mL a rrrs OIL Atue of the services provided under to ArmrvmK #0 rwi Nrr withholding or otherwise deducting � b!� 1• V or M eig to the state Industrial insurance �i mmm" Ioss IV err em&yer with respect to TPA, or any f1, CMW#MMW Ylbt Warrants that he has not employed or o*A&U l* MNPWdff � i N WININ 40 employee working solely for the Tom, ib 90* or eii! W1 N! r NNN�r r M paid or agreed to pay any g @mpwNr, awl p p,+NWi e i ! arcing solely for the TPA, any4M iaMr, I �, K i} Mr consideration contingent qpw — p ' Ad low the right to annul this contract t, 1� �vr ar Do ear*act price or consideration, or Woi �, ft rf pm%% . sear ahAn, percentage, brokerage fee, gift, rANINUMlr. 204 of 703 111 WRIMINATION PROHIBITED. The TPA, with regards under dlo agreement, will not discriminate on the grounds of M, fib 00% religion, *reed, age, sex or the presence of any physical or ser=W ONEMP ■ an nomion and onantion of employees or procurement of materials or sup. 1 ASSIGNMENT. The TPA shall not sublet or assign arIV sf ■re airlrrs ram" by this Agreement without the express written consent of the City. 14. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time - Ibnkalon provided for In this Agreement shall not constitute a waiver of any other r 16. TERMINATION. a. 11+s■ woomes !' to Dole M lllf� at any time by giving thirty I� e� wales la #�r'111� b. l� tt■ q� �r of m ~, der or officer of the TPA, or apq el M i! ft Wm" olm egrviving members of the TPlk*ewlr gilielle / ajelliM tlt tilieW ft WIR ll ft Agreement, if requested to d5-! no IV MEW m In a If r cations of this Agreement IillopW rill• WS S it - chooses. 16. DI illy with respect to the perfon�liiiiiiiiiiiiii +f this �WM& % 0 � �M !Negotiations, shall be submi= ■ a tour# eew�elrnt jsrM 0 N s In 11111ft E66A iMIA Florida. This Agreement � r cond - MR00 or Meows LWM 17. NORM MEfti 1• #! 4301Fbilifiele SnonpWM sent to the following addreqq Lfi" 69VWPWe. U0 9F OW r-a ONAM OMW (L 33425-0310 the following address: e 1 1 205 of 703 EEMENT. This Agreement, together with attachment j and integrated Agreement between the City and the and ationsArepresentations, or Agreements written or oral. Ag my by written Instrument signed by both City and TPA. CITY OF BOYNTON BEACH: Date By: City Manager AttesVAuthenticated: NAME OF COMPANY By (Signature) City Clerk Name Date - - ApprovdMI11 lititiiiir (Corporate Seal) City Attorney Attest/Authenticated: Corporate Secretary 206 of 703 IR mw ms GQMPENSAwN cLeiADJIIsTING AND INVESTiGATioN ws* d al A Ydrkers' compensation claims, the TPA, on behalf at the City, a6PA64 11 - Rw W &at the TPA hire and retain competent, qualified, experienced, professionals to handle their claims. The City requires that assigned to their account. These adjusters should be �� omits' compensation claims. Comm 0110� Mialimm" Inc. administers only Workers' compensation claims for self - insuredt MINN. 9D GIV EN Amile a dedicated claims team. This team is competent qualified and e4l�df I}r Ei ed in the State of Florida (resumes encloseco. 2 Tba EAy mquilluis Me TPA to keep the overall number of cases an adjuster would Mane Noe nownsble number based on the industry standard of 150 -200 Medical 0* and W iftLost Time cases. last time adjusters have a case toad of 130 files or less. The medical only adjust lk woad of 200 fries. 3. The Adjuster would be responsible for obtaining recorded statemeall; the claimant and any witnesses N the Claims Administrator requests t= it 0 done. 'Are 111111111lip wA wA11111111111111illin asi E ai As ■nployee at all times to assist e it plrrwin M waft %s adjuster and /or telephonic nurse �aisr will make doctor's appointments, iw *neaeaaee where the employee has Comn! 1ON Nimmialimilift UL 90 0 mammiliffillil 1 pr obtaining recorded stataillaiiiii ir requeRM W M 10. TI• Mp� Affill iimillii� dMkir appointments, physical Nimair appoilrrswlr !M ft ~ Ewker has reached MMI anlW & A litlgatiw. 4. Tlim IM A be as"onsible for filing all the appwp= %= wM M State (. Ili k Comr=W fW NallaammL Inc. will be responsible for fling all appropriate forms with the State ar Paaffi� Ur QA �llsor reviews all EDl transactions to the State for accuracy and tlmell� No a sp � of the data. 5. T% W16 b Mpimillillile for ensuring compliance with all reporting requirements by �� eluding but not limited to Medicare Secondary Reporting Act of N& apt �Wnt revisions. ComnomW wit Inc. will be responsible for ensuring compliance with all reportt mVAa"v * 9N regulatory agencies including but not limited to 207 of 703 Secondary Reporting Act of 2007 and all subsequent revisions. g, Igo TM IM dIIIIIIIIIIlt = MW a AW w0w atespondence that the City requests jop*wwwa it OW" ram ■ ceder regarding the benefits. ComnrVillil Man�awte+� Jos as asainilie It ral all verbal or written correspondence that mw,r i�111 wearaRisrardwanr� 7. 10 TPA 10 Y19 4 lamW 95VAGGI der Ar aw behalf of M1111 2W IR as Mal Its 400-1- 1 s 111111111olvies. The aaa Is afro ■ aw MW fnni it dillium"d �i mad by the Commaw(>w M. GhO aR A Ir received and shvW im WM sY. iii if ILA io WWs nature of this 4 aen I +Door tEMss dsiuss a b As" ah A d upon by Co■r�r� wenf, Asw and Do dW t" issues may i � i1w fie a a1sAx awd M wA� ■ b d Y abalsknR not be meO iO a ° ° 004ift MO W 1 7 +nam+w A b ant+ +w sftn regarding comps MONNOW t luwill f "F * rWW #1111 a" Donee, always with to a (Ilae 3W a FW me* � *@red and discusoiW s!� altl■■Iff its f!+ R P��+ FV S. i>Ys1 ilwwa �! al■■� f>f>fill ! F'i i � sl fad Lot lit, � in f! al■■r � � � marked lilrift ft belare �.N. i am lratEOP a f al* pill= � Con n■ OW OgrViiiiiiiiiinIft Oc. agrees with the above sole". Currently, the City requires that all medical or awdAsV aewlse ors s A nar their bills to the TPA bill review unit for proceseA PRO tweet. 1111 r Payments will be reviewed weekly by the City Veft Tit► y' before the provider checks can be released. All medical bills wdl be received by Commercial Risk Manajmt% W ?Up talllf O Wocessed by the bill review company of the City's choice, currently Geaaat, M a ME" 1•. 10, The City will be responsible for employing or erli vembes styli sr surveillance companies and field case man b me% in to Investigation and medical coordination of claims. fera wR or WOOP by the TPA from the loss fund as an allocated exiiiiiii�illlllil WOmM w§40 lalW,iiiiipWro by the City. Commercial Risk Management as W W M = NP its fi M of allocated expense from the checking accocrnNass Ala iWlq1 M OW M E* 11. The TPA and /or Bill Rarlsw od dllsillill =ffjw Will d• IIIIIIIN d• alald• arvices for which a claim is WPM wrasle lit POOPONONOWM =a sew N oppropriate medical and surgical fal vmh r NWWAt MIO�. 208 of 703 The aka! 111WIIIIIIII ills M ED IWW *wbw 000 ""dW 0 Asr appropi� � � i fiir� r� � r� ■+ff' �w+� 12. TAO TF% wo ado lie Claims Administrator wlM Will dW fi• wd for those QV K vas are losing time by providing fi rql NNOWN 0 Wployess 00 dal willAbo 6 a full duty unrestricted capaill. Comm AM &hmWrmr4 fnc will assist the City with PMN b "M Wrric aWifght duty cases. a WM 10 9Mt requested. 13 17 01giiiiiiiiiiiiii adjusters or team from the WS r�3 a quarterly basis to discuss IIIIIIIIIIIwAs . ftI EWM "Pl � are employee is not working full duty M& exceeding $25,000 11 amble cases 06*ns jpdtlement is recommended . QNW" &&W §" Medical Only to Lost time ComrrgsAlil ARIk s� 1kc. will most at the City Risk y basis 1f0� ir�1 above. yl 14. 1 ikEWW wk shoal aA IAWdlsa esriwassa and may ! iti7 m f EPM ow MOWW*k+ VdPr'9 Assme6v sI NAWMWA 1. Comrrrfl• 1 Ir WON* 4P mrry Wa " M requested IV M it MEMMORr V40 If AN 15. %G TIC 9W p6oft ! momon W to di>r. claims sr sr A�s/ts PWM sairIl W � RMMNGL Comm A0 4&jMERVK tiws %* owAdsh &W limpare fries thr the legal defense of claimsAW EffiW q jp - s - s m W Iii'bwwW al documentation to Risk Management when WMIlIlIIIIIIIIIW M VW M dOww ssswstt. m SW, A 0 ■ itFjW, op Iorida Medical E.D.I. guidelines, all a� = Apiiiiiiiiiiiiiiii it r mild established by the City, which will f1a 7R MR i civil penalties incurred due to late �W "= ■ r PM by the TPA unless caused by late f Comrr■�+ a If mss& a timety fashion in accordr tiir EDI gmWoMw I= fit■ fto to g Al' Apt fir. Any fees, interest and or �o that as MMIN do fi�'l� � w* 4 pollill Ar Commemmal Risk ManagennisA Ma 111. "M 7Pi � pillllllllllllllp rM W=� V Worogation and liens. The 01611m { ElpW a 0 glo �r ndence relating to these issyw. The pWW iwdiately and is pursued aggressively by the me r f A relating to these issues. 209 of 703 1 a Ift lit to MEW ilk attorneys that provide the mss & &Wkw. 7M MM q 19tomey a complete copy of @s ib iw We Am m st e i The TPA will provide a moq* 4P/A is do clr ♦ M the costs associated with th$ ComrrMW" No sf Inc. w9l provide the defeni � R � OW 4f ft file as wsA%o- - lirlsr�si� o it is received. Commercial 1111111111t M=p§=K li title MM the Cib W& s me smgarding all legal issues arm M and M a i% ersw" Os Risk Manager is responsib4 !wRPMM W 0 the p s 11111111111111116 Now �� A ga s" � 900 ..«aa..■�+t �t�t tt� tl� r�� if. Ths 1f4 mA ■m* apA A r Ih ince with Florida State St *p •�wssa •wrist, ar nspftd w So mar's reporting criteria. For Ite -- sailer No to late reporting by the �sss arnwrria. Comm AN may. fi qP MIVO # sus to the excess carrier in a timely manna M ti/ lb 41 l go mEW for all claims that meet the reporting nequlrt = as in dw I! 40 vmWing penalties that are the fault of 24. The TPA will provide all necessary status repo silk carrier. to the excess carrier. `F. ri 1w1-0 t*# requests to the excess aW6r bo A M ■ ghlo the proper reimbursement 4er #w 0 Inw6ed to the City and the an "wMi g WR � system. Comrnsw,tM IftiMsiM Inc, will submit reimbursement request to the excesrME&L The ohoWle AA is hawmd ll to the City and recoveries will be entered into MM infonnoW vokm 22, 1 4b OEM mid Rehabilitation Provider (QRP)) exclusive list of providers developed specifically for titir■t■ ■ of the TPA provider network. The City will use ack-up network for ancillary providers. 210 of 703 We agliflli 24. The TPA must provide iiA!11�1111111111 i 1"hone number. Commercial Risk Management /no wilp+wrle a Iillifte number. 25. In all dealings, the C111111ii Paqpkws iw 0v4ww6w to be courteous, respon sensitive to the injurs i 5w adwftr is required to return arl employee's telephone hiiiii% ■drably the same day that th the TPA. 61 iliijuster will ahveys return all phone calls the same do ! I V wit. 7W adjuster. I11116ivays be courteous, responsive and sensitive to the new of ID 111011111110 r IN. Identify claims subject to second Injury relief fund I iMIllilleft esntract term or currently applicable), at fault party sub pww"Wo recoveries on behalf of the City of Boynton Be PRInds• f. Di PPOA `Vp Mr # %MFar Ch's Risk Manager as req=W %F Io hWwwW "ng. Reports shall Include: Loss expo • Summary d i Elpo0o;e, broken down by injury tfq injWV AA% 40FOOMM s• location of injury ■ Cost, ftaqWWJ s M%Mft MPM ■ Claim actin aww, mwp#Aw, =w*Wdosedidisputed, etc.) ■ Claim ma$W no RAW oft Detail list of dWbmw& iasIllift s nt and prior claim activity 1 Retention 0* 9911111111111 • Reserve Fdwsk iii 410 w* • OSHA 302 Un P Lost time ■qftO ■ PPO pence ■ Average d IN � j! ■ Number of Elp� ! ■ Commercial Risk Management, /no wwr M W" wts the City may need. There is no addiGMs! er�rryaart reports are enclosed, Biqa"- T,�:I_\: 41; [cq The TPA shall us 1W in managing claims and in setting reserves fcr WWM ad shall perform the following functions with reg� Commercial Risk Management Inc. will use its best judgment in managing cl W 9 setting reserves for future payment and will perform the following functions with ri claims. 211 of 703 2. Ae � "I ■ J M a•, shall be a phPW bu NEWN = 10" codes 3. N Niiiiiiiiiiiivspond to inquiries from employees and/or riling the status of their claim. WIM ons, discussions, and 5. Promptly enter into the computer system all pre - approved paymentL reserve revisions, and file closings. M1 i. 'Me 'M " maintain emergency response procedures with the ability to eslsY M eosisstrophic operation center within 48 hours. w Comm %k fi&MMMpW* Inc. maintains emergencr mWem w poop ow and can establo = sMmmdWr=1W shin 48 hours. 11, IM We i 7 I!bmlkr m& applicable laws regarding No* or M M Wer loss to members of the immunity statutes, Federaft' Comnwow AM dHMMs � twooft ewrreork M . li•'IWENNEW, Inc. has seven adjusters and three supervisors including those MM J tb to CW 4s Ilrve been specifically trained in the investigation or and the of MoM the Heart and Lung and First Responders legislation as well 4-s man **W w marcious intent." 9. Written status reports #d im rs0idWN*4Ps Rty prior to these quarterly claim reviews. ft nlree. See sample reports. 212 of 703 '` in claim review procedur�Vfl� firm. Rp` Management Inc. "s Best Practices. 11. The TPA shall have established standard MMEMN M� M an" City in establishing reserves. Reserves tiIIIIIIIII r � 0 L minimum of every 90 days. File notes shllIIIW f• �e reviewed. ObEigilin M @=WW rW Management's Best Practices 12, The TPA shall coo ommoma V IIr City of Boynt= Beach. 1 L Af ilk *F assist City staff with X � IIIIIIIIINW IF so woor 0 Go regulatory agencies. 1060M Ib !fi• go. W TU TW 16OWnsible for ensuring comply 90 d r mm" dbguiatory agencies including 0 r M - dii i M A -- Ary Reporting Act of 2007 arr 0 ENMIjiiiiiiiil D. PORTS MANAGEMENT 1. T7lb WO NA Dare, maintain, and file st amok moph/ N � hsurers, City actuaries, and "t wiiiiii• 2. The TPA must pre = workers' compen I■ W promulgation of the x 3. The TPA must prepare and file any other reports as required by the City and the State relating to claims experience, payments, etc. (.e., DWC -51, Aggregate Defense Attorney Fee Report due to the state by March 31 of each year). 213 of 703 d6dwrequired reports. �. ,Y,A � i• to these services identified 0 -0 * Ip Ir j�dd in the �dirr�ach option. Any costs as.� A WwpwnRft changes tFiai aye b 91W � create a report required ft go WW d in the � are the responsibiiity of the gjogM rn� available beyond those ideWMW ■ M 6W dr >• r mq6� III' wr City are to be provided oW Me M ri Wkp&a ■ pop= 0 � report based on the fee strual yolk Oa j6e�l. gb*p powobp pjaw mgmts requested by the City at r del rFim. 0. M eMw go& b the property of the City W 1101111 rN MOM A IN Wevlded to Ie iy upon request or upon it rir Fsret M Rie City. ■ I r L 'rli >1� T!'Iti � 1� !� � � � � ■ ENV" . Y&w "my" M 0 � 2. bw VwV aiw to re �p N + AINEW basis sorted separately %@M ilk should list each claim scMMIN16 �__.W" mpwk d" mW In Wvided. The following rep= M ■ MA EMM IM r !� ar rlw AM" WEENJU Lead■. illlll� Is" er d•AMP EM ;� pert • C� MOM" onic(Field) Commercial Risk Management; M M RMlllllllllllllll W gF ffM above reports. Sample reports are enclosed. Pharmacy and bill d> AMM in Ir Wovide by the provider, Genex and myMatrixx. 214 of 703 L All claims, expense sW be pepw4ft wW be made by the TPA on i drawn on. an acowd est br No TW and funded bi- weekly OV City. It is undenfW JW �A P+& go tip account are City funds and 561h be returned to the V WWRwaWft sr at lamination of this contract. 4. The monthly reconciliation statement submitted by the TPA to the City will include the following ✓ Balance at inception of statement period ✓ Total disbursements which cleared, by date and claimant/payi ✓ Balance at close of statement period. 5. The TPA will submit an Invoice to the City on a Itemized listing of all banking fees related to tr 0 TPA on behalf of the City of Boynton Beach. Commercial Risk Management, Inc. will provide on a monthly basis a listing of all banking fees related to the WC checking account set up on behalf of the City. NOTE• COMMERCIAL RISK MANAGEMENT, INC. IS NOT OFFERING A PROPOSAL ON THE PROPERTYAND CASUALTY CLAIMS ADJUSTING AND INVESTIGA77NG SERVICES. THIS INCLUDES: F. 1 .. "' • F.1. i} "m I! a fo fM p arty) alleging or resulting in injury, &wo/e, er WW dM 10 M f 16 WIIIIII!hd for the payment of money. The OMim dwW Ii Ypi as q, pW per claimant, per line of coverage 669iw go pop A fie" - ft ■ &ce is not authorized to make *F IVE V 4WIMS s* r4w approval of the Risk Manager of is GIN Irt 1111111111"W" MEMO• tip f Am 7r 6610■ brww = 10 § I a any loss Ay a• ! on ww� tlfled. 215 of 703 Allocated expenses: W lift 111111111 MUMENIV i M 90 ■ and include, but not be Iill� ■ legal fees dal photographs W, Ocord • o4p rehabilitation costs RWdla 111 econstruction rgM�, contractors r ■ I� • iNaM do w& A►wMPmo atbments K MONNEW vaa■ a QW it Boynton Beach's request ■ seW writers Am Sreenrice of process ■ R>Ivalill Rost judgment Interest paid 'lK � w 11111% Mr similar cost, fee or exR>A MEN09W MhOgNAN In ft AWWgetion, negotiation, settled ■ a of M wM& ewst have the explicit prior apPM ■ 20M a • M w ff. TU M Aall perform the following services: 1. SOW R:Fr grim and loss report submitted by the City of Boyntol► Beach i7 Ow %U" I# this Contract. 2. Assign a qualified. MMUWMIL POVO& tensed adjuster within 24 Nam of receipt of claim. 3. Contact claimant of claim. 4. Conduct an investigation of each qualifir M r 7 ED NINO deemed necessary by the Adjusting Service. 216 of 703 W br vpWWb WW A be w MbIlle O r review 8. Adjust, settle or resist all qualified claims or losses with the specific approval of the City of Boynton Beach. 7. Perform necessary and customary administrative and clerical work in connection with each qualified claim or loss, including the preparation of checks or vouchers, releases, agreements and other documents to finalize a clair` 8. Establish and update claim reserves as needgL 9. Notify City of Boynton Beach, City of Boynton Gmm� lllllli i+surer(s), as designated by the City of Boynton BesclN 44f rF p pr losses which may exceed the City of Boynton Beach mM~ =L provide information on the status of those claims or loss 10. Coordinate investigations on litigated claims with attorneys representing the City of Boynton Beach and with representatives of the excess carrier, as required. It is expressly understood that all legal costs and loss payment will be charged to the City of Boynton Beach. 11. Have internal product support staff review large and unusual owe at no additional cost to the City of Boynton Beach, unless specified. 13. hbMMb ew swOmated loss and information system, and provide the City If 1i 1 Ism* rah electronic access to claim reports. U. Assist the City of Boynton Beach in selecting appropriate experts or specialists as the claims may require. 14. Provide personnel needed to perform the se 15. Maintain a comprehensive database of all dWp fi•'llit rft 9W @h belong to the CITY OF BOYNTON BEACH M am 40 "Ili modhft V VW CITY OF BOYNTON BEACH at any time. O 019 rte, the TPA shall provide the CITY OF BOYNTON BEACH wY in ASCII format. 9. M jWWW t!� V SpIlIlIIIIIIII itp Mpft monthly and annual summer # #siba IIIV fro d M =4 it r dMillp 111111110 year's experience, inclu XIIIIIIIII, IS WgiL % MWV %W Me on • fiscal year basis (October ■ Sookwaw 204 ih he NoMpM W= ■ IClty of Boynton Beach, and r 217 of 703 W- prepared in accordanq with the provisions below: a. Claims Experience Reports should be provid the period for which each report applies. b. Adjusting Service IW ON" ■ No" lccounts for aggregate loss experience analys■. c. City of Boynton Beach requires the ability to provide a breakdown of experience for each department. Supplemental claims documentation should provide, in plain English, sufficient information to indicate what happened, to whom or what and how much has been paid or is expected to be paid. ■ Online and real time access to the administrators claim system, including all adjuster's notes is viewed as critical by the City of Boynton Beach. Adjusting Service to have a software product that is able to allow the City of Boynton Beach's ability to access the administrator's automated claim files to include adjusters notes, payments, claim notes, Imaging of invoices and messaging capabilities. WNIVifities should include the ability to separate OSHA Record Only daims. t 0 have staff available that can create Reports when requested ?. ON i reserves the right to direct the Adjusting Service or" � of all claims. !. Iw�l e M e: W IAty of Boynton Beach reserves the right to assign legal counsel N sAM fiiiiiiiiiiii M " 4 �* IIIw� E — Illri� — Wft rL UnkillilI ftEEN i WWM # ft vi iey" leach: At claims files and other mcordt documents, fists, suppl Lq am he pnipedy of t h e Cffy of Boynton Beach and wM be do �+wt upon contract termination with no additional fee to the City. 218 of 703 Ipi dogiiiiiiiiiiii m G" ��tPAIAdjusting Service shall provide to mop ew � yi♦ Agent status within the statutory #ire wr)Wwt =� ! & Medicaid Services (CMS) under oil - 8 Um =now VP or to b * oml do �.rvice will trwa all go d n Beach i ! r f�� 1 Or I certain mat imm i imm fir mow, pf birth, and gmW ri W if Mill MU iiii! 10 1rP claim data �i�rstr wA a WE ENOW. 1ft TPAMOlusting Ill VA NPA &a nab dAMOOri f j i T!!MEMEN i!I! ! ystem for (glW V il CM 1r Tool that a claimant is mom 2ewprwce the transmission of meaiMry 06mow own"* doft NNIFf• oWmants to the Claims Adn#r1�Mrr M" M WWQ" ��it —*w f qW ireporting period assigned to4w Ill IV ME LL al � �7■' pf the Medicare eligible claj�r O! gblpiillilili M fa it naming or Incorrect. The TPALA&Eft SepAbe rM Pod U M system any error reports *W VV $,f �wa Wil MI� ■ correct data for the TPAIII,M" �s�es Am M 60 � fectly on the TPAIAdjusting t#� on 4w ft � Service will resubmit such M 11M i "Pw8w" NEW` qu Will g w vM wntinue to [� 40 f ■ Lot 0 q WNADO bsriw Mw eYA updated i 20mullim Toff Olii 490l G%il Woke. M ag dEJONOW likilimm AN, will also jb /rr Y mjV AmmW � dM omMOq!t C ITY on elplr ddnw Com>i r w � �,.. lb moron r ft � Ira_ iiljj� mm contirwo � - !I fir+ = A Medid! !� NOW IWsw�lA �Yr� frrnw the o� MEOW 4M �� Mf 09 N * Is NOW >�. Once It ■ � 0000 = �W W� i 46 is weelrs COM1011111111111111i Am on elechwa errors ■r MW � - 1 irk ti Ib = 2 f� Comma will nu Allb"r frrrrrt i- dams IWf Apo, ! in electrgAiglill *mpmmi ra, s •1wAb* MeY rrr>ry UP� � NEW 219 of 703 Query Tool. Commercial Risk MMME" J. q# d t 'b I& CA any monetary settlement data receivaPt —,1 JJJffM- The T P A shall have {Fro oggolrgg66 firm waluating the City of Boynton Beach Workers' Comprwatan boa modification and for effecting a revised modification, if amrsotM. Commercial risk Management, Ira. of ENEOft U' R pWuating the Experience Modification to effect a revised modification, Fes. 707 rm; The successful T P A /A d j u s t e r S e ry i c e is required to provide the City of Boynton Beach and its current administrator full cooperation in taking over claims, and to agree to provide City of Boynton Beach and any future successor administrator full cooperation in facilitating a future turnover of the account to a new administrator. Continuing Handling + � W 54 Termination of Cont 0 Legally Imposed Mandates: 1*in dt the Agreement, the TPA/Adjuster Service agrees U oow111111111we b>ball" all claims that have been made and reported to it M wA& bdb of termination for sixty (60) days unless the parties sg�d @9*w oe in writing. 4AW mpw @ � Mr1 d rmbillo� by the Workers' Compensation 4w ■ww Ow s1 aw+5w regulations," the TPA agrees to fir, NEN" Vwisr Ow mpealed service that have been ■ t Off1p ilk 1W of mmti r!W for sixty (60) days unless the wW +fib, A& t 0 fpm r t#wt! i 1IIPft Service iar 1* a ser � ■ = f ■� antaining tl efMfrrb •aw be f M FUM C maim files gel' pqw mw wd WE Y MOMM M So& r r files are irA a 6owmim r+R r�d IM�ti I! = M Prided via r ;R "Rim rawarre of dW ■ he @01111111111111111111oftl cost to 710 TK mrL irf' Ida++ art •oolo sf mom qww 4A mm� i■rIm■m� �r show 1%wr ti++i+ml1111111110 Iii IFS ft momow IN of Mrs" 41111111111M 0 220 of 703 oo*Wbdk or a pM udda NOVOd w i>ti■ claims ComnWW Pftk I P wMI ~ pvvide the City with full coomwdw shoul4f 1Fl4 r=WW~ a total data transfer as R� t hard OW M at m 4W & W QW: 0 fr claims administration shouIN i M 0� � M MEOW Clalms until contract tend and aMMIP Ma MW Ir M EM If the City requeM ON ComrAoIIIIIIII11I , M. !� M i beyond contract termini M would dr on Or a .2 M }or AW )hk. 221 of 703 To All Proposers: Dm a The u��ws bd b%loughly famillar w� Maprwer agrees ; a 2e �w Nnditions, and s i� ' WORKERS' COMPEN MEDICAL ONLY 76 INDEMNITY 14 OR — FLAT MONTHLY FW $2.497.00 ADDITIONAL SERVICES: MEDICARE REPORTING (Monthly Fee) Included. /MO. PW43.A* M1 FM PRIOR CLAIMS FILES I ncluded, no a dditional charge. PROPERTY AND CASUALTY: AUTO LIABILITY BODILY INJURY AUTO LIABILITY PROPERTY DAMAGE i AUTO PHYSICAL DAMAGE IF GENERAL LIABILITY BODILY INJURY 4 GEN. LIABILITY PROPERTY DAMAGE 4 PROFESSIONAL LIABILITY / PROPERTY 1 PW MSPONSE W ORDER FOR AND ACCEPTABLE 35 222 of 703 2013 Projecteij No. of Claims Claim Rafts ELECTRONIC INCIDENTS OR — FLAT MONTHLY FM ADDITIONAL SERVICES: MEDICARE REPORTING (Monthly Fee) /MO. PER CLAIM COST FOR PRIOR CLAIMS FILES Commercial Risk Management, Inc. (Name of bidder, Corporation, Firm or Individual) SY + Signature Susan E. Theis _ Printed Name President Tdie 8_13- 289 -3900 Telephone Number �TTED ALONG WITH RESPONSE IN ORDER FOR E CONSIDERED COMPLETE AND ACCEPTABLE 223 of 703 "DRAFT SUBJECT TO REVISIONS PRIOR TO SIGNING AGREEMENT FOR PROFESSIONAL SERVICES FOR ADJUSTER SERVICES FOR PROPERTYAND CASUALTY THIS AGREEMENT Is entered into between the City of BoyWim Iwesk IllismrfMAer inferred to as "the City ", and W, hereinafter referred to as "the TPA armor Biel• b seaeMeretion of the mutual benefits, terms, and conditions hereinafter specified 1. PROJECT DESIGNATION. The TPA is retained by No it 1111WI connection with the RFP For A Three Year Contract ' Workers' Compensation and Adjuster Services for Proper} 2. SCOPE OF SERVICES. TPA agrees to perform the servkm, iioMM en 5 'W attached hereto and incorporated herein by reference, incfwflrM of oil 4sbor, materials, equipment and supplies. No modifications will be owls to W seeps of work without the written approval of the City Manager or his ieeywen ` TIME FOR PERFORMANCE. Work under this Agreement sI i I i i v 1 1 11 pop &e giving of written notice by the City to the TPA to proceed. TPA shsiFperls� oil ooww�o swi provide all work product required pursuant to this Agn:emo�t sAeolEw JwwsT F,4` 4. TERM. This Agreement shall be for a period of three (3) yews , 2013, with optional renewals for three (3) one -year terms aM s1 w+e CQrsnd based on mutually agreed upon rates. 5. PAYMENT. The TPA shall be paid by the Provider /City fcx rendered under this Agreement in accordance with Exhibit fp a. Payment for the work provided by TPA shall be made pimp eM aA ' W o�bmitted � to the City properly, provided that the total amount of perrt �s IF* eed the total contract price without express written modification of ImAWlmwl*may kr the City Manager or designee. b. The TPA may submit invoices to the City once per moMP trft #v psylillip4 the work for partial payment. Such invoices will be checked by ttp C&, Wo itiiiiiiin imp" thereof, payment will be made to the TPA in the amount approved. c. The TPA's records and accounts pertaining to this Agre■ M gliIp t♦ kW MPINNOgW inspection by representatives of the City and State for a ppr Elf VW ( lbroIr termination of the Agreement. Copies shall be made availgo � FINEEL 1� 224 of 703 Ilk a/VNERSHIP AND USE OF D OCUMENTS. All documents, drawings, specificatisne saill *Car materials produced by the TPA in connection with the services rendered units Ids agreement shall be the property of the City wh ether the project for which they are nM & b aKecuted or not. The TPA shall be permitted to retain copies, including reproducible *111 drawings and specifications for information, reference and use in co nnection wHh 's endeavors. 7. C MIFI UW# TPA shall, in performing the services contemplated by this and comply with all federal, state and local laws, ordinances aneF 4heterycable to the services to be rendered under this agreement. B. INS. TM shall indemnify, defend and hold harmless the City, its offices, age rq iompopMsL *am and against any and all claims, losses or liability, or any portion thIMM irgigig! ISWV E ages and costs, arising from injury or death to persons, including inj■+s Jigiiii dkiliggglip or death to TPA's own employees, or damage to property ociNEWPPEft g ri gibiggliift omission or failure of the TPA. ` QE. TFv 1144 ftil secure and maintain in force throughout the duration of this Irmo -e gg% ral liability insurance with a minimum coverage of $1,000,000 W � e Wo I4 J@0,000 aggregate for personal injury; and $1,000,000 per WO W property damage, and professional liability insurance in the �� *f VJK&l IN occurrence to $2,000.000 aggregate with defense costs in llllllll�e r ll�. SaN g■�giiiigl VOW Milli V ail name the City of Boynton Beach as an additional named inMrr M giggil Ogiaggr41 provision prohibiting cancellation of said policy except upon thirty (3114 dW MW ~ filgift to the City. Certificates of coverage as required by this section shrl 4le Miggligirigigilrft Q* Within fifteen (15) days of execution of this agreement. 10. IN wf CMWTOR. The TPA and the City agree that the TPA is an ink* 10 respect to the services provided pursuant to this Agreement. Ncoft IM VM mall be considered to create the relationship of employer and end t_ 00 proms hereto. Neither TPA nor any employee of TPA shall be enigggill ■ ■y ligggggillig ceded City employees by virtue of the services provided under thil CIS IRE W Mall not be responsible for withholding or otherwise deducting few iftlft■ M ! � Security or for contributing to the state Industrial insurance pry, �Jiiiiglllll ggggggggg the duties of an employer with respect to TPA, or any entice Ii PW% 11,CQi�T A 7 MM1NGENT FEES. The TPA warrants that he has not employed or I!EMMEMAW Moog" ■ person, other than a bona fide employee working solely for the TPi 6 ■ gligigg: W gigg&iiiiiiii MMMmtract, and that he has not paid or agreed to pay any ooh V isinsing� mililling IM a bona fide employee working solely for the TPA, any fi cow, MONEEM Merage fee, gifts, or any other consideration contingent upa ■ rem M ! � f =king of this contract. Ili 9 K=warranty, the City shall have the right to annul this contrM NOW 9, fi 0 lion to deduct from the contract price or consideration, or �, lilt iW Munt of such fee, commission, percentage, brokerage fee, gift, !� EL 19 225 of 703 7. ■SCRIMINATION PROHIBITED. The TPA, with regarA f llk&� #�Ill ft it under ■s agreement, will not discriminate on the grounds of M, !, � religion, Need, age, sex or the presence of any physical or serEft SOME" i 7 ion and Mention of employees or procurement of materials or sum. ZAOSIGNMENT. The TPA shall not sublet or assign a* ■ = d N mil by this Alreement without the express written consent of the City. ZOON WAIVER. Waiver by the City of any provision of this Agreement or any time Witation provided for In this Agreement shall not constitute a waiver of any other rovision. ZAERMINATION. a. MA to terminate this Agreeme FMW* t+�q e�Q the TPA. b. ■ to owd rl Mt rwRh of a member, partner or officer of the TPA, or a 94peaillwaW pswsa el dmigned to the project, the surviving members of the TPAP amass Ir dampill V work under the terms of this Agreement, if requested to I M J �w Clf1�. V%b se.Ma Aall not be a bar to renegotiations of this Agreement s � - M - TPA and the City, if the City so chooses. W EMMMM lrWs met arise between the parties with respect to the perfo M YWil sooW be resolved through negotiations, shall be subm IRA of ssaM N I I I I Mbn in Palm Beach County, Florida. This Agreement obwo"r Law. 17. NdM'J•'a iiselMM 4% 6ali 6WOo 6mi4 Eqmla Wi,Fh 33425 -0310 the following address: 20 226 of 703 INTEGRATED AGREEMENT. This Agreement, together with attachmentoor addenda, represents the entire and integrated Agreement between the City and the TPA and supersedes all prior negotiations, representations, or Agreements written or oral. This Agreement may be amended only by written instrument signed by both City and TPA. CITY OF BOYNTON BEACH: Date By: City Manager Attest/Authenticated: City Clerk -1 Appro NAME OF COMPANY By (Signature) Name Date (Corporate Sea[) City Attomey Attest/Authenticated: Corporate Secretary M 227 of 703 .0 %, Y\ "I Y ", % do PropliiM QW11111YC Manges 1. AMW ate "Provider" because not a defined term in the 2. �� r AmV4 to read: 'Payment for the work provided by TPA shall r rmO pompft w all Invoices submitted to the City properly and in laterms o f this Agreement," We cannot agree to a s�rsd q cause the actual number of claims may exceed the 3. 0: 15 W same the City as an additional insured on its GL, but ew 4"o Aff lb&de contractual coverage. �. jji&r ** FhqMedl edit: "Waiver by the City or TPA of any provision d fi"i dililmonsiN! any time limitation provided for in this Agreement sh4d W i rMter of any other provision." i. PpWMm WK M wbsections c and d: a. 14%4 MM terminate this agreement upon thirty (30) days' notin ■ = C(* M MpWunity to cure. If the City fails to cure within 30 da)& iw aN The terminated and GB shall be paid for all services 0 @p w d ineluding the final day of termination. d. W mW terminate this agreement at any time upon ninety (90) 4%ff a• ■ M Mity. 111k,: Gallagher Bassett Services, Inc. 17 228 of 703 DAIRRITY CLMAM MANAUMUNT ftOLVICES r ludiiiy rlsi�a Yarq rs • �wr�w� d 1s �s Irk PW s� ww � w � iarli satia "= = m eow" ll� ut trdose� IilrUrala of 6asaM. A& Boat � sus ��'liasu It demo~ L rraeabws of IsW etaPF my Y i & M* — L iU li QM W�� U wadi! �a asl ssa�at a�afsa Lobo b. r NoMMOM >.. •rrsak wily ysw p—pb- *rraAmok pasha - Arend&& arl, ■KStraik Ma ilom9met14ril tea. is w � *ryrae a .E__. MMlMmil♦sww �.� of }w wash we wsr lwl' "Mamisp ■s a MU" OIQIa■alII�IIM i�Maasai Ia�srs�a��>�s�JM ;rate � sliltic pwssitl. *ftw t■ mow' @Nftft hi 1'wr r"PM WNW. rot lVllOer am" M A" b INU 1l.lia} }wa>�R ft � Isar ataif lw oiiw" a MWWW do M+ rest awls tab s res We P� IV4Md for skillful waaaw I There is YaraY wetting aside in Bear "M will be tl MIEft Ilaim. We don't iea,. tlll� 1e all�lee e Y`aaatMrl. mar reserve we asssra�l aside to cover M on any IftMV&Minedusing asliw er Bassett - The exact S Irk tae is based on 1■ *a alma8E INt ftd liability. •tally, our dMMWS=ula looks aim 17sial 06& M lislae of Claim ■ Immod mr%so Liability s� ! asrMimALAments of the M � lid notify you M seer aa*eeelbil of your sslrwwsa a given or making MW i ow reserve, up r! dM% It 0 l table. Because wwdwYwwm rour money, isMrMrsa senisrly reviewed srlrs�i. lii�arar 11 a nother are [4epam&wr, reProdemfoa andJar dhaeNaaHan of __ - _ � — �xpreu xs6an caurmofGoaapker8csreaServias, me 6 +�PProWbhetl. 8y of br owvearm mefo,yo� 21 Wd3 j.M 229 of 703 aura lisasstl =ON MWPW sal ePeaiR OMM4 we � �saastllasse seas i t4 h 'ic Iay b aneeeeals 11s■ aaslassaissr sssassi sl3ssrsa}tlars} tf it ML 71 vill MIU RENIM ssssesl aawwls Ib� A Isirrs �iMMWM 91jjM1Rl MPW iY AVWjft a YsserYw F brm fit � J, ■ EM&MA sarasis Mesa" qdwc� lWhses NOMP&M is M.assrntplsi ...easy. F f� li7 i M 1 r% Proceduresfor keeping • tight rein on claim flies For every liability claim, we establish a claim file stone of M, local offices. For more serious claims, we establish a eontroBW hm file based on pre - established nisi. A controlled loss file is typicaW developed on each case with a pr experience figure in excess of Sfi percent of the self- insured retadaq an agreed -upon figure, or wi ease that meets "severity crit ► File Identifiers. Lists the cW= number and the insured's namer claimant's name, and date of 1E. ► Insured. Lists names of the insured and all persons or firms covered under the policy, and%@ insured's connection to the' (individual, partnersbip, of corporation). ► Coverage. Verifies coveraw. ► Reserve. Provides loss and expense reserves with commewws adequacy for each suffix. ► Other lnstrrance. Lists the names of the owner or occupaW Or the premises, or any part of the premises that is covered by li4M insurance. Identifies the carridtft advising if coverages are prinsow, excess or concurrent. ► Ownership and Control. Identifies the owner of the preening if not the insured. Lists partinsd provisions of the lease and adAm of any hold - barmless agreemeW Determines who has control of m premises. Lists the owner's pd 6p number, insurance company as carrier, and claim representatill. ► Accident. Lists date and tires tier accident occurred. States the fi ew and, if there is a dispute as to bm facts, identifies the source. Lift the description of the accident la pertinent details. In cases atlegiap 230 of 703 moping- IP aPlac w lsawaa�apaaaw trlr1111110 Iles sisiwo ww ias Is 41shousinep Lines idesh� seliea� Iasss.sf �wswisat. eery aAa waslsi� ■ V_ "OPP* rqvmw� ■r Itirses �, i VIIM Iii■ Is 111� IIIIIII! to NOM1♦ ■ Bohm "& ■.rallies each Miss lit resor, aw, occupation, � 40 ids where be or sire are W lsssn* Summarizes the Musses' vowrawfthe loss, as mM - q ty in relation filID MIIII � �aisa Opinion. �eeier tie 'on to date, � 1�1vho is 1 f 1r atlas. States the evesseen s opinion. If e ce state is 6S p ercentage of �� to be = � wmier 0U9 M ��'�W =riNiM *" *PW*Wdtr alairaarat■r in* Urm wraau V Go oast b b lm ai>l mM MV�6 . talailaelsa]E IY" ON OWN be NW04 wwaa do Ityiwtr Ma hr atti■ MANIMk ai' wtditiattti�aas � litaas i ► Ac*m hm. IilaainttwsitaYq that srR Its ■aatiLit■aa invest ab W indicts OM NP g� If each AV. 4060 ■ ZNEh�� NOWNWM4200 Nhb �� aei tlt� g: y iiwlif'iwaise al'6e uida, ■r alsaaaaw lrw �W* fir w�ittw�w* ._�_ .■_1 -_mil_ dt� ,�ttlraa � rldtr alt■ sr�taa wwa tttapt ari ri • U � -Wh* 0--m" A" . Ehp w tai r �aW 'a aan tic up& MEN" no N ass @0004401& States Yattrlte rtwi�aaYwaawsi, if there is aaaaaapaay iaYraar t� �� t■ �tred's witwi its a1w rrvm��Ne etdeteatee ttlta �elfee�eet setd any is pled �� tR■r r�rr &ar attt�ni 1 t ps ampftmima 'Ia lsa�s�e twnn, aw■aaaefuliy salsa 'ps � attd attaaes oteaaats �Ff a{tpiwiitt}. �ftw� wLliwips �w l[rtt � sts by # Wor and er lift ■f dms its rt . 7 � � �Ing... ... ■�itatttwar • ai�wiwtatess tin pab a * `stir atatu layers tF� ■>• �' feria ... a m"" gtetttet}e "N" directly nitaattar rriaiwaaMtrsu�af the aapoitg�ttiraa, aaaaire o ite+[seti itttliestet� or tttttm the LAM • �r taattts tta t rial than aais�iar ■ tq MEWReeea wltb a lets( ud - by Aww* ■rrier. • iMaiMiaw Brain damage. • Dismemberment. • Spinal cord injuries paralysis. • Severe scarring or • Loss of sight or hcm4 • Amputations. • Multiple fractures. • Environmental' toxic tort (control) 16 sent to borne office). • Sexual abuse or misconduct (controlled loss file is sent to home office). Because we are n sos needs and the needs carrier vre ouow s, f procedures designed ■� carrier reporting/ Our corporate po licy, requires coverage v each occurrence. In dim coverage information. 1♦ make special notation client- specific Servica./r�tw and strictly adhere tom guidelines. This ens communication of clear, concise format. For large or unusual claims, the have the Detaileaf Status Report To keep you aware of developments with rej■ significant liability 1 Gallagher Bassett automated Detailed S (ASR) --a tool wa about large or un any change in the stn claims. This multi-paildW provides information claim under various c completed by the adjuwa mm created when a claim it dollar amount that yore or involves a specific j y D.�a ry r/y /pd„�N9lrawVef ,r,Metlen efdamNerfrtj ekd'adr lAe Ofpr�f ,IV�YN rormwf y BMWserrker, IM Is mkrry ay a.1eVee.w�.rrw•m•�•�umeodwm/e �. rp cou.wmrnel6 215bd3UiabNitydaimsmgmtsvcs.doe 3.12 231 of 703 01 JOW injury. As part of our sswise, a DSR will also be provided Amany claim meets the controlled lam witeria. MWslled Status Reports are sent AM • I& initial total experience is set * fr above the agreed amount. • A total experience increase is made after the total experience is 0 h above the agreed amount. • 'fe loss is of a serious nature. JUP concluding claims Bement thoughts illagher Bassett, we apply =as= In many areas to te risk management dMMm that stands the test of your rate risk management needs Mgw teat of time. 7 vision focused on results and a IJElktrt client satisfaction, we offer 9 ig a dded approach that never ht of our shared objective— g a measurable return on management investment. inure to your websNur: www.geN8ggcr6asseN.com rwptleerr�, nrprod MLiYel1 enamel � ofNk erWl�e6 siMP 8e w8ols P � pelf wrdFextlre epren meiurn mueee oJQea�ker BYIP/BP1�CP /IfC /i m1eA[y lbkeL empanel APelnWrka4 eLrMOrbwn&dgvs Eb eaarenea WJi 211od3Wa4mtNclaimsmgoasvcs.doc 3.12 a 232 of 703 New Claim GallagherjW Bran A Stsdadcal Information Entered Into RIS%- FACSW � W RaDartto n " "' Fxoeas Irreurer am Ou Claim Dedd O �, Gallagher Bassett Adjuster r — — — Gallagher Bassett Data Entry t ■ CI(enthqul �� l elbn a 1 DepHcatloa, repredacRoa eaNw dksapMNdaa alfalY narnisL elahwln weals w!r par4 xrYiemdr eprae wdaen rowarof GWdgherBrarpeSod , l� it OfvFJKfaL By nsJYarwvMaL, dlarfaabrvwfs�fB lar LbafWmdefmraving. 211bd$ MiabllltycMbesoracdcea-ahort.doc 5. 9 233 of 703 PRIOR CLAIM FILES: kcal Only 13 $135. l nity 19 $600. min Conversion Fee 1 $27.000. Attached are the Cost & Terms VX & AN Ilw� * he proposed per claim rates for the ■ PROPERTY AND CASUALTY: d M 6000JT: tY INJURY 4 $850. � A1111111111611% PlERTY DAMAGE 1 $450. AUTO PHYSICAL DAMAGE 0 $337. GENERAL LIABILITY BODILY INJURY 4 $85D. GEN. LIABILITY PROPE111111111 11111111111111111111111K 9 $450. PROFESSIONAL LIABlUft $1.083. PROPERTY 1 $750. PAYMENT SCHEQULE 2013 Pro]ecter No. of Claims ELECTRONIC INCIDENTS OR — FLAT MONTHLY !4t ADDITIONAL SERVICES: ANCILLARY SERVICES: 0 $50. Risx -Fats Reports Risx Facs Information Services t4f!'1 !R[.�M PONSE IN ORDER FOR cowEN iSt AND ACCEPTABLE IF 234 of 703 R Administration /Account Management K� Banking Fee ■ ■ TOTAL ANCILLARY FEES $11,000. MEDICARE. REPORTING (Monthly Fee) No Charge /MO. Attached are the Cost & Terms for the Liability quote as well as the Liability Run -Off quote. Also attached are the proposed per claim rates for the new 3 year Liability contract. ■ x GALLAGHER BASSETT SERVICES (Name of bidder, Corporation, Firm or Individual) By Z Signature Don Navin Printed Name ACCOUNT MANAGER a Title 813- 251 -2465 _ Telephone Number M WPIPMFSPONSE IN ORDER FOR 1! Il'� tl■ �"� AND ACCEPTABLE 0 235 of 703 236 of 703 `m a o00 0000 OD C 10 N N N Cn N CD N N N N N w+ � coo O X 0 0 0 O> W to W OM m C A D Q. E V 000 O O O O L C to W Wrin L O 0 0 In CO 0 O 0 0 1n PN 0 C L m m rD r CA O CO 0 Q CL L 1° L V 0 a Li COO ti WO E a E ' v a u H E O ` ea L �m m E m y m • E E °mom CL O J CL 236 of 703 i ■ w v � w ■ ■ w � D � 0 4c z 0 � # z a 2 S � w � � � � 0 LL « n � 0 LL v § z 0 LU u � � LU I � « ■ 0 U . a LL .�� ilk |)� )fj ! §I\ !! §a § \ {{ E E .!!! ƒ$k{ w k/§ z §�§ o§G ww; RRz ofIrir IL d Ir j 0 I 237 of 703 § k ®2 32 ■2w 2 . 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CO « /2\ 2 2) § o§G LU LU RR) 0- (L (L of)0� 240 of 703 2 . §A § §2 [§ § §§ k - «2 m y m 2 @ G §dg;; ■B° y �0�.��, § 2»222/ LU CL §� §� m0e _ 2 © -- BB -i 2z k ■e� �/§ N CO m $ § ccl » uj 0� 2k( �L U [ § ;( EL & §§ qB bG z ■ §L z S §@ z � U. z ] §� wE § « o& o §o b �§ �§ )§ D � 2 _ 2 _ z a[ , § �§ L)2 (k /k 240 of 703 6.J CONSENT AGENDA December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: PROPOSED RESOLUTION NO. R12 -126 - Authorize and direct execution of a License Agreement between Unisite, LLC ( "American Tower" or "Licensor") and City of Boynton Beach ( "Licensee ") to allow installation and operation of an antenna for government use on the existing telecommunications tower located on city- owned property at 3261 Quantum Blvd. EXPLANATION OF REQUEST: On May 1, 2012, the City Commission approved an Agreement with Sensus USA Inc. ( Sensus) for Advanced Metering Infrastructure (AMI) to standardize water meter reading equipment and regain meter reading efficiency (R12 -041). The City currently operates a Sensus based automated meter reading (drive -by radio read) system that is problematic. The City is currently upgrading customer equipment to the AMI system, a fixed base (tower antenna) system that utilizes the latest technology in meter reading, with the first phase completed. The AMI project manager for the City, Davenport Lawrence, has selected two (2) telecommunications towers for the required fixed base antenna equipment: (1) the north tower, owned by American Tower, on the City's future park site in Quantum Park; and (2) the south tower, owned by the City, is the 80 foot tower at Little League Park on Woolbright Road. The City's existing Ground Lease Agreement with American Tower (R99 -107) reserves the City's right to install antennas for government purposes. This proposed License Agreement is required by American Tower to finalize specific terms and conditions prior to installation of the City's equipment on the tower. The License Agreement proposes an initial term of five (5) years, automatic renewal of four (4) additional five (5) -year terms, with no monthly license fee. 241 of 703 The proposed License Agreement has been reviewed and agreed to by both parties, including the City's legal department. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The AMI system, the latest technology in meter reading, will standardize water meter reading equipment, and regain meter reading efficiency, resulting in improved customer service, and water conservation through improved leak detection. FISCAL IMPACT: The proposed License Agreement requires no monthly license fee for the AMI antenna and any associated ground equipment as it is strictly for government usage. Typical costs are those associated with equipment installation, annual equipment inspection, separate electric for operation of the equipment, and insurance. The total cost of the AMI project is funded in the 2011 -2012 Capital Improvement Plan for $3,121,000 over the next two (2) years. ALTERNATIVES: Not to proceed with the north tower location selected for implementation of the AMI project. This is not recommended since time is of the essence to replace the continually failing automated meter reading system under warranty with advanced metering infrastructure (AMI) in order to efficiently and effectively read water meters on a timely basis and to protect Utility revenue for water consumption and billing. 242 of 703 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND UNISITE, LLC., TO ALLOW INSTALLATION AND OPERATION OF AN ANTENNA FOR GOVERNMENT USE ON THE EXISTING TELECOMMUNICATIONS TOWER LOCATED ON CITY - OWNED PROPERTY AT 3261 QUANTUM BOULEVARD AND PROVIDING AN EFFECTIVE DATE. WHEREAS, currently the City is party to a Ground Lease (R99 -107) with American Tower (k/n /a Unisite, LLC.) for a telecommunications tower located on the City's future park site in Quantum Park which reserves the City's right to install antennas for government purposes; and WHEREAS, the City is currently upgrading utilities customer equipment to the Advanced Metering Infrastructure system, a fixed base (tower antenna) system that utilizes the latest technology in meter reading; and WHEREAS, this proposed License Agreement is required by American Tower to finalize specific terms and conditions prior to installation of the City's equipment on the tower; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to execute the License Agreement between the City of Boynton Beach and Unisite, LLC. 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 243 of 703 authorize and direct the Mayor and City Clerk to execute License Agreement to allow installation and operation of an antenna for government use on the existing telecommunications tower located on city -owned property at 3261 Quantum Boulevard between the City of Boynton Beach and Unisite, LLC., a copy of which License Agreement is attached hereto as Exhibit "A ". Section 3. This Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED this day of December, 2012. CITY OF BOYNTON BEACH Mayor — Woodrow L. Hay Vice Mayor — Mack McCray Commissioner — Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 244 of 703 LICENSC 1111 11 - -- LICENSEE SITE - n— LICENSE AGREEMENT ATC Contract No: 'RE LAW NMPMMINEW entered into as of the latter sigma ! � Date ") by and Utz LLC, lr OWlity company, with a place of � Way, Woburn, MA 1 (tia�aar,r) aai �n h, a Florida municipality, with �� E. Boynton Beach lam, �� I)•,�"L P7�l1. I. Arekksse Mwo r leomm" so Ieww : 3" 8aa vin" wad., Beach, FL 33426 Tenon loait "maw"" i at. f.1111111iliM 16 iti i enr ii6 6.06 W - 80.082 Ilk A— re111kc, rL Iriesnessd lembemegenq eenbet Dame and number): Waneya Bryant 910- 742 -6427 liaaassa'a Issal amsegerry raataah WYro Operations Communications Center (800) 830 -3365. • 1oiaaa I& 6mmmadlid 16 ask r go address above to the attention of Kathleen Zeitler. • 91@1111116m tip I raaaau idIl U ! 1b %P d■dress above to the attention of Contracts Manager. • L " �n �: � Tower Corporation, Lockbox 7501, P.O. Box 7247, Philade= t AM; ell glpRRPW eheN inelada a PoOmq nce to the Site Name and Site Number as identified above in Sammy. PERMITTED l xY LICENSEE: �q�l'1! tna xhibit A for specific frequencies Ae nox meant Weplot an tawwr: Sw.GwMilik for specific location ■ A aw. pairi■a - a. d tlha Tyr ZWW hcluding Licensee's Approved Equipment, and the Licensed Space are further tw l 4 J" MWER" " Exhibits A and B attached hereto. IV. FEES & TIE Monthly License : U Application Fee: I& Relocation Application Fee: N/A Site Inspection Fee: $1000.00, increased annually on each anniversary of the dldll�iiilM M di MAgreement by a percentage rate increase equal to the Annual Escalator. Initial Term: A period of 5 years beginning on tbl Tie "Commencement Date" shall 1fi3e&il =r tT (i) the date of Licensoe's issuance of a NTP or ♦♦F111W L Pr l Renewal Terms: 4 additional periods of 5 years each. Connection Fee (as described in section 5(b)): N/A Electricity for operation of Approved Equipment is to be provided by (check one): ❑ Licensor, with the cost of such electricity to be paid by Licensee at the initial j" W AW Fee ") subject adjustment pursuant to Section 5(b), OR ® Licensee, at its sole expense. V. TERMS & CONDITIONS The attached terms and conditions are incorporated herein by this reference. VI. OTHER PROVISIONS Other provisions: (check one): ❑ None ® As listed below w 1 1 ithstanding anything to the conbary is 0& anio t On efler srpraaesd is Lissnsss in this Agreement sMdl automatically become null and gall v& an Aosim I" Tar pit Daub It a dbastural analysis of U Tower Facility completed after the lllllllllllS� IF M Alr� ■ l W JoVb t9b ammencement of " Mallation of Licensee's Approved EV@4pR@ k imMmOes *W this Tewsv Fasiliy 4s net uFftllfie for Licensee's Anwsred Equipment unless Licensor wed Lwenew awisally apm tiaat a Wirai r r repairs�� o the Tower Facility on mutually �� ■ ECM441028 Rev. 02.24.09 245 of 703 LICENSCl11ll�r NAME / NUMBER: Quantum Park, FU91997 LICENSEE SITE NAME /NUMBER: Boynton Beach - North Tower/ # 002 ig In no emomWed W**=* de we d fie Tower Facility, or operation of any of its equipment thereon, In *wmWw6 i in a mannili = � M pr's lighting system located on any of the towers, building sydsaiis, or, is ■o event tom! L"191p" e4,IRMrt le installed on the rooftop of a building, with equipment of a!i 4" go f buildinLtsewMs wW we net imseWs of the Licensor. In the event that such interference does occur, Liewwes sWW be solo; 8oap000W16 to, illl&w� icensor for any and all costs required to modify and /or upgsmIa l6iasasa s lighting W9M ID (OMW "lrl Wessary FAA/FCC regulations, as a result of said interference. C) Radon isorsiw -- aarr mdasctive gas that, when it has accumulated in a building in sutiisat *MNWEn may pr�� M� iM ■ Who are exposed to it over time. Levels of radon that exceed = guidelimm *wee been Oeenv 0 beilvings in Florida. Additional information regarding radon and raven le" role; be obta=W Um *wr.ssndfr pmbk Imealth unit. D) Licenser i" LfRV7 wee the! this Agreement is entered pursuant to Section 4 of that certain Ground Lease Agreerwwrt bek a iiesrrrrsw wA Licensee dated November 2, 1999, that allows Licensee to install antennas for governo'rod ~ am � : Touter Facility. E) Licenser• mW Liewwew sym wwl wknowledge that, in consideration of iiewse" aseehYenew that Licensee shall mainta` as urrWds @AW d is rmLced amount of no less than Few IMo Mira, P0,401illW0.00), Licensee shall rn � to � tf @W reason whatsoever, and Lice9jM a EMf ¢ 6Wsee's Approved EquipnwM ~ W MPWO to wlprnent located on the ground a ie iLiwrwwis skumm if PT. Licensor and Licenses Wr opm aril asYr nrledge that any and all contrac mass@" * or on behalf of LlcensO, i � M � 10 herein, shall not be permiW 0 J~ h WR M, i &tenance, and /or repairs Lf�raE ed on the communications tmAw%@Ne*fPsIPwf insurance limits meetin� I.i i■ II attached hereto. 03ignatures appear on next pagol W - M ECM>l41028 Rev. 02.24.09 246 of 703 LICENSCr IM / { apt fth %i LICENSEE SITE N : BwpMm 7wuh - Map*Twwfk M! IN WITNESS V1 . as& Ps* is osoeideration of the mutual covensli sealsiaed Iwwin, sad Oar •Ilwr sad valuable consi It ■ 11M bound, has caused this Agrlll■flllll■ 1) R � 1* 16 dliy representative awaf dwe date mW pow w *kw below; provided, however, that this 0gpw rw"gV IB MIP" 1410% n either Party until asiiss&A lap WN fir. Agreed to and accepted by: LICENSOR: 1*wd, seal@6 awdqielkwwd ix tw r wwnce Unisite LLC, a Delaware limited liability 1P company Witness Witness By: Name: Richard Rossi Title: Vice President, Contract Management Date: Agreed to and accepted by: LICENSEE: Signed, sealc�� ■ ! PNNiaee City of Boynton Beaok s iri WANiP48% of: Witness Witness A rMENNINEEN By: Name: Title: Date: _ �t I ECM #41028 Rev. 02.24.09 247 of 703 LICENSC,SITEOOMA� �m Park, FL/91997 LICENSEE SITE N N orth Tower/ # 002 DEFINITICM iirrbtibd ir.tle irry altww as WNWNW by isw*aw swOWendix I attached hereto. Card brass rwa in igwosio& &A ad blind aro, Ads" b &wksio& 6 2. GRANT OF i . QuilooN M "loon el " Low wanly Ww+w Winnows a p000m slow e license to inM, man aA spas& A& {pp--dl J= ■e "MM"d tea. am A" won. lhrireai sitiel be and renVA 1-RE91MS i pll� "R�t 4D � @ Jlj 1 . L� r M � W TjM Facility in gavel solar mW wean, scan wW bar, Om etseisrde w P&W fit! awro d. In we alnt shall Licenands Olisrrr no @=M brr11 brute Apim L sort be e16 alone show Ise oiolopmom ww4po as* arrsd Licensor r� Rli An ■ 1W. 1111111fLE WIC llWI�1111111111 i m I 600MIr ar others aboae L' v#. WW" I-Mmmsew swetler provided thrl arir rsis� anvil inlraranarlrrr r�sowawt ds veal w - 1 , awdwrdaswsly i rimom v" rirr ceases w w operation d ! Pd' ��, Mw= �.■ stir. WiMe i rasill rso~ b, AN& r A shelter, pro*" 011t, if Lilllee No V M Ole All! ale 04 if LAW 9 � VA §Wq the air space rYrwe Liaewsrelw aswMvieMviYw a pmpo vii arbaay -0 roar, tdswrasr at ile Oloom r, upon 30 daya per wMa wMa rao& Iromma to roobnw m& mosoM&M Armor am m■ a W.L. d r comparable 0 4M Jq MW M ROB M4MR1 f � l4 fp" !l it V= i' tf re "d Licensee's awsiwr wlrwaarwari. is sir! Woofti ono wwr oWn! OF #w � eer d Leese, Lwee Meets Lieeeeee e right of acorn to A; Tnrrr Lood awl bra Pr Up 7 lyre *rr me & Ilas Tors. Lwarvir yrr` Lwaaaaa a designated � W ICE i� R L'litil!'1 � M, WW i TO& ROM "Easement "} Lieeweeu swell fur w pmW oil Bewe�er tees t M"notte fleet the t MMMItie" Of eAr or utility wires iry bless now o" �M as penan neino ir1 Liaarwe ONW&I a *ewlia r 1� w�r� i without limier iy �iL t I� M r�i■G = ! i artlig * vies or r } - o■rr operating at 01 TOM PUN. LW f "r ffq M Lime RW In In r MW V" j J MM MM Facility. Liaawsw 9W for rw'awaiiw fsro swwq Onli Ll wwar twat 6121 lures, a owrVww a" rissole wrom list of all employers soal rgreb :'lk Tate besot prate"Iwye rr aesese rrii1ilas 6116loom Prof iirrrrw shall have Mr MI jr §11M 11 � ft TOM f�9" 13 Rlll1� 1191 TM *M I7 a M discretion. Lisewaee wW irewe wa lrwpsr� r+lwte sr irlerest in Om Tewur• w ewe EewewrwM vetoes wf *hie Agreement. IT : r borne r'rre er it Tarr imp r wirrrrrr �si is a t rrinsl am the benefit c9 B M pM M 1 Lill M iW � % Mn ■ RR ASR M % ! =Elm=, Licensor mal teneinoloo0ob Aoeeewwot urm wftw wetiee to Lieeweee. EXHIBITS. MM 0 CM! M d 0 fFVEA�M7 i Illlllld■ provide Lic�M44t ( 1rOl" � and electrorw ie&* E Mak we isariwr sl a"1' cabinets, gng MWM ooaio oso� r� aloe Q?161"" MAY. 61�" MW, Licensor sW OR MEW ft CWFMpffiW D41M E L MWVM6L_AWM. 1 tit• fF""M L� In I MM the Construstisw wd i�.Nws saatisw, Lwwww ww�ww�waw tiswskrsiiaw 4o irw �w�swi on behalf 0 Awnes rr7 Awsor Ad trues r In lrr a& '`"ter Mom& 16 rr anirrr�iArri tr 1.�G rl the actual M df 1100% M 0 � 092AM iA4F Rf, L RBI �■ immediately des m bl Livowew Ir toe wood of irweoeieluwel w bulereen F � FPO Exhibit B howls, sirtvill gaosrrvil sal � bdoown nark it ihr�raai vied rWrra locations) t M r� 9EFFM @F b tis t� _� I� 4M tE h�i, and B acknowied viwi apoew #sort insieftio �rf �d figw*mn* suet be im *WW wasp wese I ire aMwawi Construction sand IlibrELMLnMI tilt �, Leo � n& 1 W naralol orooplasoo of the Con M9 1E Orm !l V l W� � "M 1) we QWWMW" Drawings air two P'l� awd etaawrMd Amrww err - duo", mime w iwei d we, ordinances, airs wr samrld" M wool bAMm sill rot, anrso iaprr� sr osierii iwierrsrrw so IM that such iA it 01191W Ift 6l !Rut � i J� a rT M IMMMLA hereto. USE. L 9~, operate, serMee, rPM" awdler r�lrree $0I�rsaed E �wrsert aE tho Ll" wd whhrhr Erlr�rwer�F shall be ullrai or V Maeeaniaaian rail nes�sa Triaiaaa ache aryl III& L transmissiol I MI r ■ W 4W Y111r M VL l ft Erl ■d« licensed s AMIhM the appOmfi Ilerwiml to Lieeeeee OF the FCC). 10 w of the Crtfeelwe 9M, LMP"mOw wireless busiweae.sawsials of s avow" raMsr4 vrYeiai ashrins.ariy Set le ww fist #w Teas ir^ then notwith�@/ %A Ufa is R y r =WMr W ��" ■ � ib the transmMOM lF VFWjMJjLW@W WO delft LwIm"mde gmw"MW efts wW Rmleet Ke Ow Licensed Space swvill be enl, Mono "Onow is saMwsir alraarrraar ECM #41028 Rev. 02.24.09 248 of 703 MIftR SIT ark, FU91997 orth Tower/ # 002 with Licensor, no person or entity other th t to install, maintain or operate its equipment or transmit or receive communications at, or %44WkkiAlil TAdfi* MrYfiNw l (a) Monthll LWWI PW. 'R%9MVIr License Fee as �W W W W M W PWI h tea! on h Comm rt Dow a wrt 6 &M i�of dw r� ee rr ' i_rrf 4 b PVT row *w" WeNd be proWirl a1 1 WWalfi (b) UtilitieA6 All utili! sprhm NWT 41 ft TOM FEM fa "M WI IF NR1 F W W r 0 M M M and e of mW W" im espenW O rwlrwd fwm Lwwwrr's Lamm ms Row be resporYii �r WW&i to 7&illai ��} as rt&&&&&&gf �pprrarl and for ME MWWR IF tM 9� M116111111% =1111111110 OrW1W IiiMIIW1iii Licensee whsll obloPM *P* ttwr east wf I I fI wers�sellerss, OW inetsllsOlerr d* which WOPW iss in 0eMosilnee with thi p wshi ss W irr4diisr ad Ma W ia` Isssoin. (c) Taxes. A etp �W TW■. wWWk �■ �� fIr, rl�R 1rf tax dirs rMMW Oe Lieellees+!! elnlerell* OF erersd M of Ohs AW1w1wd E�rlent OW sovin WM paymeri skAI it nrdo■+so� to rpprap�s6 for Liooraoo sWt sowAI i oo woorosr it U 16r aw taxes h&AW � W m ■e ANN MWbMM t W iW lr 6 ■■ 1111111116M 9k such r m 1p V 1 1 WMW 9M M 0 Ire OW "a MW "Mft VV" V -W which �.wwiwr is eiii�rYwl is p" walsr ft Gwwrd bwe, pwwiwl, Iwwwsr, L�wiwr mW "sird"wrr License&'& We r� a1&aa of as& tor&r. � ■■ pro rfa &16w M11 Iiis d6budWA It' MobI am& tor&& evenly 4f1 W r LMW W W1R W % hWlt @W MV R p tlp MW pW14. LiWt M RWWIS Licensap4w eeshKense wilhirr 36 ds e f Lwesewlis nRuM for swW wi lsrssnwesR. (1) W&s; as ad W1&r ?Vr&&. If W M W rb"MM br WRY, jIlEft, GWMF "A remittiru mlllll, m ow am Wi IRS 1*Ir p Lei w F¢ qr OIwm mmm WWRR tp qm Agreenm*. Liwsnsse slwll In rwpssrsbW *x wirwirssiq tdswew" isr wlh 9weh seiss, use "W sNuw iwws ts#Iwd related 16 mW p&pm&W rasAmM p wai" & Es 1�Is&ras&i Lhomw da sM tb tha li&r&v P&& or mp othaa paymel7 = W 99 � 1% �lll mllllll, M or IM t■I IOW W qW 00 0 L� n f �■ time and in On senwsnsnnsr w Liewwe Free ewMwr}wprwk dw and gimpub a ewdw this 00"ment. "'(d) Federal P&a& t;1�&IW. h�ia.3sW �ia <r LWW■! C i TWi *� WWd� properV WO 69M ■ ft Aa b 4" qgiiooplitM ran VU Licensee okW rsindssrsw Uworssnfsr mmpwW m I sr ldssrwsslr use of Am Irssrrri Gprss psid hp hirrrsr ts T& Y w liiW9 sr hM b as& R mri rti � itjr f Licens4M rlllllll�l,li W LO (e) Restrieirs "ObbblumsemA ■s1*'tw V prsprarr aPdUmnWag "Weemalis qmhEr f ari Ue4 bm, assessrWllllllIl,,,rt WWr GW MMjjL ■ Wl W 9 � M qM W R NV WIC amounll @I relqfPI 'M* ip t entity, L whe11 er Irr p�! 011 �+e k�eeRle er �relfbs Ise � . wsprseprnd isessse eisl a�w�an a tad srswri,er4jset«is AM" wl sl I iy■ap}S" in the aars& a1&aaorao ilia apOW b Z, Lae MM, %& �I W � A si& IL i, �flf WI dt W Wr expenr 1p MW If Mr � V49M 'ISM Why V fRIW pr l It set 4W* A an aR m4pp11r p Oft AgreerwW. (fl Paymen l . 14R WrWU MW rr ft AMEr"* Vol 4 ff" p LAIR 0 LMWPBWI "WMW Address *i m rW 1 eF this Anpummo k w sash wllrwr sddwss w Lissnew nwp m ft ldssnwe f i4m w *hg (g) Vaim or demand from Liwerlesr is Lbesress. (h) Effect ■ MM rte. W 4' IW■ 1) V M nO (Ir IW1r MMWMMrM % MW W paymeRl of Yq wmwiw dew srld pWoM under Ohs tewm of this 0 @bait be dowmall sn sward end satisfasilen, sssd Lissrser nrprseW erels slass6 or popmol rWsid pr ae is 16 1& b r&arrar Is& Waver f such rr � � ECM#41028 Rev. 02.24.09 249 of 703 rm Park, FU91997 i71f Tl orfh Tower/ # 002 6. TERM. (a) Initial 1". ft Initial I" 41M 1. (b) Renewal Simi %a lfrrm slAm Agmemest moq ims.riuimi it weak sid6i4sasionli rmms *specified on page 1 of thil 1{iil, ONAIId IM IN %a iU @miff 1161 ilb,ail, (4 l ELmi 6sams awAm in effect and has not exiJV r NW W /t) 6N I ij I1 Ih 4 "WMMWX19 ty V1jMr iIIII; VWh if left uncured would r tMn of wsww rswM in �.i�wk irj Liewwss Mw wr o d (iii) the original Licenses �I w OW & ham, -� or aiorwise transferred any of ■ 7ft l�l. !! �� M R fall automatically renew for essh saosossims w�wl Twiw wdesaOm r Ftrwy On will in vwiiir7 sf As i brMion not to renew this Agmam asst ml lasoi 1"m piss I&SSa.osml mlliodiaa erds® %rims (c) HOldo vivisimm. 14 Lammamfiiiu4s m im mmudas.riripsnw� fipuipsimwd Mhsn sslmirilisn of dms 70ma, such failure shall be deemed is nisd So tars; A its i�mss�ssirm� s maid - itmoi basis rush is sssw�nms and conditions herein lbR tl I i� C. 1 , %s ilk d4 IF =4 M 111110 Ay df U11A mar month during such Sim M 9 aRgesM etlhp 0b @00m OM" LigmW Fee OR w" 11 MV1 last month of the Term (S (S ), armrh ilsialsrsa Ise M.mssslsM afsiwa4ly oso Ums.aaairassayr. of s r:oamawmcement Date by an amamid mod 16 9M ■ ■m HIIVir Fel i1 Sri Ism l dlml WAMNE i pair ib its month in which escalatW9 ]WW; �IllWW, 41 II ft ++M+I jMM qIIIIIIIi�i9M IDqlm"19MiM" Ifforwritten notice from eitiwrm Lissim r sir Lriam se 4s Ums sdor; imooledl hswessm, na" ssnlarinsd hawirm wiml We nt Licensee the unilaterol aunt to rWoaml iSr loss ml im �mssstssi air fir sr 1Sv fiarr. h artdfn to the Monthly License 17 91 LIf IN ME Iff! IR ■i t11M�i w=r Ili 161111111111 Ift I0nsee agrees to indemrOW NN 11W LfusRSaR ham isisin Osrrm Ow � a" s was @0 aim. iii si mmwalsw i a* tore extension, the operation of Ow 4"-MW &WAPamort at t1a Tsirsm rid s: Wrmr to parimm rid of its obligations under tII6 AIIIIIItl OW 11111111INUIlt (Ir d&Alr d d I Mfolri iWWW �S Irosmor dm A winiume Lieomar for Licensee's pro -rata share of all common sapWmim IM %iWiSlIl IIIIlYl It 1,,IllIM h 1% Ration, operation, maintenance and repair of the TOW I■IWW iMLOi W rV 1"M %, tMi 40i RfrMi)Isirce and repair of a common septic system and fsmlml, isisemasrea, eswomm uW*n mW sw1 aW all aYws assYw of operating and maintaining the Tower Facility, ksiril mmW6g is Siogs1ap Ims sast oat imilam im assssfillSill! rim any Damage which is directly attributable to the M dr 11s (L IR i 7 d I M i WNe solely by Licensee. Licensee shall not be f�liyAelM to eMlass sf seals r sssswod tfn Tower. In the event that Licensee also licenses spawe smlhirm a aim atmstfor arsd i+sssar arf i�r7srr 1saiy, Licensee shall also reimburse Licensor for its ps iidm &Irl �i NNIII&l EawW thr %p d•l lintenance, repair and replacement associated V M euI% " ff V"V, iRelemliti, wiOMM #Rule/ % @M 2hieleef structure of the building, HVAC system, and srasmsaas rlq ss'sssss. generator or back -up power supply owned by k aasam, yssssss pfd iba llMI,l1!W I-IIIIIgilIr it IN OLrl M e of all expenses incurred for the operation, "WWW� 9f l tl Ili1 Up ill, h4cluding, without limitation, fuel expenses. For On rsmpsess of 6100 ssslisn, a "Ism own n shssar sI ssMa smfi sm�ssss� sha ha ll be determined based on the number of rsoss rdsg 1116 %aarsr I■o� fw ark romped 1m o, sisms� aid r or building, the number of licensees using so" Cr IN W (I'M rii" A qOV gr invoice is mailed to Licensee. Licensee shall msh*bsmssLisssASr fur Csnsmiin1E ss Ffifm �alapm isilswini Awipt of an invoice from Licensor. . i i�I i E61WPW LlllRi WPM 4Fa9* wed Agreement to Licensor, and before the date of rT e14porm Rledifleetle to or ineluMelill ofwddflieRal0isssed Equipment, Licensee shall pay Licensor the all irs imeb n f ft as Said aim polls 1 OU61Maowmo A. iiosasoe ocknowledges that any site inspection performed Sy &is ms d LMlhja%iWIIIIIIl ■ f l W ititlIlIll M III�i■ of Licensor and its affiliates, and Licensee shall fB MRIIf I'Rh ff OR fist istieellin LfeeRees n L"' Mee's installation complies with any Applicable iumwf that i * wwwitri wo roar rdarrod it a "ooalf manner or that such installation will not cause !men " P n_ V9 , a a , P" it 6LAIliLNi. iisamwss Wool iii/ ilia hisim ed Folmimmw 'me" is equipment cabinets and coaxial cable (at the Ialm said 6ALw &- s Tmisf 4fidamm mM aMn& iissilii is s LOW or cabinet owned by Licensee) by labels with LlltlM MM IIIiil Vr" qRW NJ fIII, 10 01. IR the Fvent that Licensee fails to comply with this ise*eie 1 WM in" tswsss sash ds#srwray+ *W" 40 dop of LiesmoVs iwitten notice of such failure, Licensor may, but is mot is sAiLan is mw mior m W6 it rimy timers ter Mel the Approved Equipment and assess i f%cff 1•I,= ilk VE i �IllIgM i ilil receipt of an invoice therefor. Licensor shall Rat beRegraw ible le Lfeesfeee for a" s as 's Licensee arising from the interruption of idesmesis mamma smmlaamWip Lo masr, i Iramsmmr 6 is idimlIllp &a Approved Equipment as belonging to il�i)i dbG dill i! �s �i i ll diR �� INOWnt. 6 ECMM41028 Rev. 02.24.09 250 of 703 LICENSOR SITE NAME / NUMBER: Quantm Pont, LICENSEE SITE NAMEINUMBER: Boynton Beach - Ill L. I 10. IMPROVEMENTS BY LICENSEE. ration and Approved Vendor= FW 0 Tda Bl oM ■e 711l Facility, Licensee ~ submit to Licensor for review and �� r iJ l iWPW 11 IBB � JMd, detailed plans and specifications accurately describi �e �Miesk. Lieenees WWIpssetde notice to Licensor no less than 5 days prior to the dal mWA ui LIlliaeeo Hi a& 1b wee Rod d ■e Tower Facility, together with a construction schedu", 0 Li �Rv I! ID � any such Work. Licensee shall not commence Work o" the Tower I Lise"esr Woussio Lissnees a k7R. Licensor shall issue a NTP only upon request from Irieeeere♦ and r d im Wrie eempieYe.eoel rer documentation: (1) evidence that any contingencies OF Ill in ft �!ll V LIIIIIIIIIIIBBIl P4BIIIIIIIIIBIl hiti` !en satisfied; (2) evidence that Licensee has obtained w* poolukiol lerennerer#eF wok inelvelft MO not limited to, zoning approvals, building permits, and an ter: PP 9 P Y - "_ W@6&q sslrissef In some; (3) a copy of the plans and specifications that hat# i iMI%i1M 16 7Ir Ihl 4011&&M rMhBIaeri installation; (4) evidence that any party, other than the Lfo>aeeeP MO in juggg0" Lloono e, Oq wl IM WV N the Work are on Licensor's approved vendor list, with wil and saran i weaker's OW 9 m" liability insurance certificates on file with Licensor naming Lien � old d dMomAo aelfy the insurance coverage requirements set forth in scan WIM of qV rBiBin"; 9N 14 1 BRIMEW mule. In no event will a NTP be issued prior to the paymod 4 Limomm of a Roloso isn Inn Coe wile" Will pursuant to section 10(c) of this Agreement. NohARhMmMg rarpiAg Ib IlsooseLoW is LLAilloomi od, Imismsor reserves the right, in its sole discretion, to refuse to MM Ell all ¢ JBlli 0 " 1% Tom. (b) Structural Analysis /interference Artdrjok FW 1e I m moT■Tamoorned 0aw ae Ill 'rower Facility by or for the benefit of Licensee, Licensor nn, in 0 IIIIIIIIBiF!IBl iIll 111s" cff B l! ■ ! Timed a structural analysis or require a professional en eePNm }offer to doom"" the amity at the Tower Facility for the installation or modifica a e" Apism" igr wMeni and nsed Space by Licensee. Licensee agrees S ri p &M ■ I l ■ }f i BA ipenses incurred by Licensor for such structural analysis or Irefeeeienel a eetffW lotto" (61linve net Amftsis Fee ") within 30 days following receipt of an invoice b wi &wenoer. The elens" aitoll be eY Lise"eei s prevailing rates for the performance of same or the a I L .-a -L � ■ ro ble. In the event a structural analysis is performed aff ft BEl/h R ft AMpI th EP ■ 111 1 11 1 1M 1 11 1 1M installation of the se Mead Approved Equipment, and such anaosis Wdiesie ai i assen""sdote the proposed installation of Licensee's Approved Egrrpmeeitlomew Lbeeeer adly Inissesse ■d ilhedliedion of the Tower is required and inform Licensee of thI 0 6Bl W IM �JBIRi 1) Ili} ration (which fee shall be a reasonable estimate of Lioveso s o0sol oast mf rslehi"' eseh . 9ash modification shall become part of the Tower Facility and Ie I-Weno r'e eeie t aWallt. If I.Irereoe @hods wet to pry such fee, and Licensee and Licensor do not othervM i d1 B�BBB Iii i WAS ration, Licensee may terminate this Agreement upon 1In`n M" fe 04V I* the e4n"ffTqfnenrt of any initial or subsequent construction or installatiorren *v TI"w F * or fee ire Iresreltof iiieesrsee onaW sthe modification of Licensee's Permitted Frequencies plepeg■ed 96a to LOafei ipeit Lltaiepr rim OwIllIt ■ Jerform a shared site interference study ( "SSIS ") and WBl 9 M i 1 1 4Ie of i4,1". Fr i I'SSIS Fee "). as adjusted annually on the anniversarl of *a 6ewatwiwswwM mete bp a wits equal to the Annual Escalator. This fee shall be payable, at do Iere Ijeeseo poor im ■dierIll ApOEmdlan Fry where required pursuant to section 10(c) of this Agree IF 11BIlIBBIBIll WW Ai f % LIBIl that Licensor has determined that a SSIS is required. In the am" a 111" w pook mmW now On wnevoket of Mds Agreement by Licensor but prior to the installation of I■iesnees'• mA am& i loilmlertlat the proposed installation of Licensee's Approved Egi� al ! fir i �BBBllllllh i ■1 illlll iF no way relieves Licensee of its obligations under section 41 fMPMR.. (c) Equipment; Relocation, ModificatiM, Iii lad 9WW gi �BllllB& ire access to the Licensed Space for the purpose of mill NJ nn]flIllIlM"I On moped' E¢!0"Ie"il end ft appurtenances. Except as otherwise provided, Licensee el" Are ssepneilsie for oil o" Albs# be Ise does m Yoe Licensed Space or the Easement pursuant to this Agreemed. Asoano " i idM At M61W% W i 06 a all labor for the construction, installation, operation, MEM&MVIll NJ PqM If fPI: AlEgM Ionsee shall not construct, install or operate any eg1d er helssss"ewde on Ire Twws Iiisaillilliby mdow tom those which are described on Exhibit A , alter the Perndled or All ■e epordlee d Ill Ipprrtred Equipment. Licensee shall submit an Application, f SRI, 1I 414! 10 right a leplace or modify its Approved Equipment, alter the Perwtitlsel W isnneese Mee bsw"eii whirls lication shall be accompanied by a Relocation Applicdm Iirr. Ireereer &A realeele Iles apprrad Ile of Licensee's request, which approval shall be ii ii - III! VW Bch relocation or modification of the Approved Equipment mul rose# in erne irtessees in On 40om " Lisenee *n. Per amendment to this Agreement shall be prepared to selset oe h wid ow or madBodOw do iimosse s 'pp-- - -d Equipment to which Licensor has given its written caW i f li in M ll" Lei Fsh if any. Licensee 7 ECMH41028 Rev. 02.24.09 251 of 703 LICENS0l4 POW / Al1121M! RRl Park, FL/91997 LICENSEE SITE Nom: ayayoe Ill - North Tower/ # 002 A shall hltb W M % ■ Reproved Equipment at Licensed% W aapiaaa w or halasa the expiration or earlier llwldwIIW Of Mee lWided Licensee repairs any dart Mt �TfW p� R t1re Tower caused os by suck owool. Mllkto ails of Ire expiration or termination of for , Licensee shall: (i) remew Ill ApWa al and any other property of Liceneoa &A&Tar F� �, at "oensee's sole risk, cost, all/ �; N CIF Lensed Space in substantially thl � VV N ■ = I Mition as received (ordin mod tow wavI l}{ and (iii) repair any damage causoll Mle *orwa�wlwf Mae OWoved Equipment within wow Jaw of tlr aaarrr;aaea & such damage. If Licensee fails L p" Ile i Wa m Fee or does not remove M PAIll~ �llt shin 30 days after the expiraft f �� V 1% Agreement, (t) the Approved @1ROww M alrerN Indwlwed conclusively and absolutely abwrdewad V Lily a wM anyone claiming by, throrgls, or urdos Wiw oaae auwpt for Hazardous Materials and waNe waill ilopw000l irlsipment containing Hazard/ lIRRIRlIRIRI JN � ad (ii) Licensor shall have the kW 0 RRRl Rl 4illd Equipment at Licensoole Bela @;W� wM 0141low of such Approved Equipment in PW *R "W L*wrew se o ts, and Licensee shall rairoio now Lws000r looiiooupowes upon demand without off-s@6 11. RF IN QTY. (a) Definitions. For purposes of this section 11, the following capital IF =1 RNA tlhl lanings Ed forth herein: (i) l terference includes any performance degradation, misinterpretation, or loss of information to a radio Mommunications system caused by unwanted energy emissions, radiations, or inductions, but shall not include permissible interference as defined by the FCC, and in addition, with regard to Unlicensed Frequencies, congestion. (ii) Ilse certain channels or frequencies of the radio frequency spectrum that are Nomw ad IV On FCC A the laalraphic area where the Tower Facility is located. (iii) A UkaawW 111im 16 aay uaar of the Tower Facility, including Licensee, which transmits and /or receives Llill ]OWy M qB 1% TCWer Facility, but only with respect to such Licensed Frequencies (iv) A taro is mW ii0000ed User of the Tower Facility that holds a priority position in relationship to Lbaaaaa Ihr piMLWim Clam MOrference, as determined in this section 11, which status is subject to change 81 O VIP1 I'M. (v) A 6ol oselomA liow io soy user of the Tower Facility that holds a subordinate position in relationship to LLoaaal Air lii �W Wrference, as determined in this section 11, which status is subject to dhange all oft" Wn. (vi) UmbeerAoM iorpordee am Those certain channels or frequencies of the radio frequency are n■ maid lk Iil M% Irid ire available for use by the general public in the geographicIRRlIffi�§IRIIRRIIIIIIIIIIIII Tull► 101 =1 IF elf. v Ac "� liar it maer of the Tower Facilit (vii) aay y, inclu Waaaaaa &iMillll LawaaM and/or receives U R 1905� it! tower Facility, but only with res =1) 4W VIlE7EITIEWncies. (b) Informookm Lwwwoe okd oerrwote with Licensor and with other iooeooe, liaonsoos or 0000pants of the Tower Facility Illor pwapeow r arwisV® ollWerence and /or investigating clamr of I ohmill iipea aquest, Licensee, within 94 dW R URRIRRIS 9IRIl shall provide Licensor wily l V 41 6MEMMEW knit and receive frequenelee sW Oplla4ad @1p j pmM specifications necessary to rem*m owesaol4M to aloMmmK iwterference. (c) Unliceoaal landing any other provision cd111111111111111Il d R Worut, I and otRr i ill 1M ■ Tdyer Facility, (i) an Unlicensed "VW MM T SIM Ift other FCC Uw*mplead Mlewe wMh wiopect to Interference; and (ii) ars Lh*owwool Wevolorilkio and emVeommomm respect to sio& ' -` &d ■e determined and governed bp 'RIM ILL o a" Tlsgrilillses OW d" iar Applical I,ir. 6�I)f!l disclaims any and all warranties WJ RRIRIIIII I% mediattew, w r000h ww Wnterference among FCC Unlicewearl ii0000 hawy .4 shall have or locwlw. (d) License pllqloflli. 48" to FCC Rules and Regulatle ON elhw Avr# Able Lew, the prose acknowiedle a" Mwt Ow occepted industry standard for pdoiy lom6n tee 4 i1Mooeo m Masao multiple Ir al Lmle aoon 1:lean Lased on the priority of occupancy all a@& bioar b irtii'mair aMe T%iiior or Tower per, � � 9M OW based on the order of submitt♦ pl ■ §10110in A W rW eM ECM #41028 Rev. 02.24.09 252 of 703 LICENS(1R I / R �m Park, FU91997 LICENSEE SITE N Tower/ # 002 the TcAk Or Tows 1bs■y. 90&A ipplsdillao J M Was mod MA wfor ipplesYia Law sat resolve g% Ana of hlar�en� nr+ 1ii11M1M1r� 1 �} 1 M 1 aaa■t, 46 a•1 6AN96 Licensw.wd aNwr eaan of N�Tsww Fseii; , @ eaeh i lie -a Loun" ow be �1RIjR(ll M"" 6 rise sit pwsw� m � Licensed elssye ■s rspiiyirred cedar ie�ressy W 1 is sated is we at �Tawss F In time of ■ MI �IIIl X11 (1) L� � 1111 M TI' � r�AL 16 Equip, iiw�d W shore the radio bugloweel el the IN ww o � #Zm on page T e1 bis �sss�s� was powij peAm ♦tr prsisals� fs rr I rMiwwe ds ApproM t ■Ilr� = tlt � IW90MM in W rte= ■ M � degas r1IIIIIIIIIIII� ors puss as of the aloft Ltewreee m1kieee ite ,wed @9 V~ or AM Ng rldb % aaagggR Vft t1■ amol 11. (e) Correglw. LiesNSaa io_woo1 wet is •oeaw Iwladawnw with Mra operations of any other user eF tide Teww w Tower r r and b eam* WD a1 seer teews gel prer■osr of this section 11 imposed upon I.issssss. 1 LicensR e�ti1R� IM i llaaaa! aaaa� aaaaal 0 4 Mard and accepted engineerinj Licenssaie d a eeeeirq brierfweriee 1W the MuMllations of Licensor or a Priority Wes, shall, r■e11 � lots Gain liwsar, rowasosss such actions as are necessary io w elimin4D ifs 11011TIL W ft ■lamm R aMM L 's operations. If Licensee caeca eliminate seek IwtwlereRes within the 00 Meer Tl~, LMenew Play file a complaint with the FOW 11pR lit aw FCC's loci looser 1po 6mm iiesarnat 06ki.w) w It such other user of the Tower Ca" "Wok ft subject 1b mat � �■ Tt i db Priority User, then upon the rsgrrd d arali Priority Meer ell aws i Liter! VWM� fInIMM elver to the Priority User, Licensor aaaa f�1lM 17 Licensee teen w pdown its ' d4p*wwsl MqeVwent and only power up or use eeeh Equipmol AAW (Wpa& Betts tpodOW in ardor b Est whether such Interference been sWMINMII ■RIJW, Tr Ll b yaaiiiiii r♦ R eliminate, to the satisfaction of Lam, lt■'1 Interfer girl = fist" Lwr ieew wdti ls el *el0io liwl rihereof, Licensee will immediately remove or cease operatisar o9& �ppsarsl igl�irreeri. Li pr ohibit Lam. !� In . M Li �l� L�f !� ! t w �1♦ i ■ pr a ialsespwik claw �ww seew� Iwlw�farwiw wills si Liawwee tee he snlerrl eeRSee ie a Priority alder la wwwad l>1 ooslon TT. 1 Lisssssritarsisss, is Its r oossook1h in lased so doodad mid acceptant 491MI11 t M 1 ■ice W!1 ii R■7RI! ■ H11f�1 R Licensee, glow Lommook ! �. Liewrew ~, wiMiiwM6 Iisiee.f eeiiwieRee seek aelle es are necessary to silbsls sr ai�oli lbs ell bs MMP^M s aTrs�irlooprsat "NN% apadisas. (iii) G p7 k7, 1 W" W of a■ Tamr R 7. *t i a govern maniol wriibl, triaariear owh I W" Woken NNW of Mn Miisirfersnw MMWM 5 Businese ■syrs.& "oss - M ti, arcs lk ------ W lr ewes e". 6ine sr ois1 11arrrriir to give ft �1 M a � M, R a 1111 lrillk� 1r agreerrrerri w ae iW OWkwft Lew, dawn the d @mM n0so prier le Liemw bead■ medial N-MW any acisar Yy b eilloodwass 91 (NJ ts.elrr am.& ie�eires� (f) FCC RMIM "NEF" • 40M V"M MIRte, "S R "MIP LO'i MM rM ApplicaMem Law ' bet net Ibwiled te, F9C 10eles redrew err hderlererresi�dsperriwriFr of the Wrs j his. wife 11. I1ir�si� rsyirs�� esio9r is psWeisar SM ii re 1100 section 11' afa■ ia■lallaaaR M FA LM, i9LOW 9W M limited IF, 1`01C RWw Bird terse ON M" MI1OFe0 11501 a LteeReee peel wuk prrwlb Laws 9 in peeperoiw sit n" Snyasw ee seedier �yrirMn �elsow Feiss �r that cu Tatas 111jti� ti�i �{e d i�rGr fsssli■ri�1 eeslrs with re111V ip RV 119MW of we of "M"". "r oft ill tlr section 11 are pee;Z gjaM is GF T� 41, iwt rni �wilad is PN X11 0 1i, ei ss� � Fldiw Frequesoyr aft" of wale @aromas@ ae� MA& roils Meedioa; d i al oogr geresieq person■ WWI%9 i 90MM; VJ FM i iI M, 9MMft i Q+M Vin MW wM,• r MM ID accordwwe Milli y]esi prsetise acid wMendard i *M" rralwaie, 11 1 MN a wide eF technique oer pesisr isrsYlrp■s ter W'pespar tyrpre sispi;i�eri r8 rdeW tar adjustrM ■ aaaa rl 1 ■f■ ■ �� 1rR �� MMi ■ ��• The obll - so Pori 9l1 iiewrewe insle, Get twists r�s� spaWomood nwbile W" sewieee, cellular a AdWilloolessr sorbs sari parssssl resiserslisiese arrMlerr ii errs liAMueee is am AM `41 ■'r Part 94 ■� * �1r W MIM MME R I�MM1 M tl■'I M the FCC's Gewoo Irdappliffiv ftliumai oM 0iweieR. LhrsReee ~ wbewae Mead erl�iewir■ practice and aseield isirs`j nri esrrileWiy � isaboipno as rawe■rl hear practical 1�'1r1 aaaa� R � 4�1� 41+i' +�1� R■ i a1M� ■ � If♦i ��. � ECM #41028 Rev. 02.24.09 253 of 703 LICENSOR SITE NAME / NUMBER: Quantum Park, FU91997 LICENSEE SITE NAMEINUMBER: Boynton Beach - North Tower/ # 002 Licens! d11111f ■ TligklaaiE dt Iperates the Approved Equipment in a manner which prevents any other user of the Teter It 11 PUM OW decoding signal imbedded in their licensed frequencies such that the Spectrum Enforcwnwd Dwwisrn rmhea a dwim. nation that Licensee is the cause of the Interference and Licensee fails or refuses Io WMbWb rr slis"dille be Interference within the time and manner proscribed by the Spectrum Enforces mil= be default of this Agreement and the remedies set forth in section 22 shay 5 "4q JM Pi" i 4196 Commencement Date, Licensor and Licensee are aware of the publication of F%C P1I Pr1Rl1 Services; 800 MHz Public Safety Interference Proceeding, Federal Register. MowrradrArra , Z4 (�ii�. Moolber 224), Rules and Regulations, Page 67823 -67853 ( "Final Rule "). Claims 01 Lei hr} ar std races which are public safety entities shall be in compliance with the Final Rule JW Eqllllllllllllft R 109F�91 accordance with FCC Rules and Regulations. 00 9%o pun aeMaawhdge that the FCC Rules and Regulations govern the obligations of Licensee IM be apaialan SW Approved Equipment. Consequently, the provisions set forth in this Agreement �� bl� TrQC Ities and Regulations, including, but not limited to 47 C.F.R. §§ 27.63, 22.371 ire* ri8.40M. Liewieee yeas, # Licensee's sole cost, to comply with the foregoing as well as any and all other Melia~ Ir- iilrrr rd pWde guidance relating to AM detuning as such provisions currently exist or are � i "MM M ! fully responsible for any pre and /or post installation testing for AM interference 80 the Tower P" ewd Kee 00 Wallation of any new detuning apparatus or the adjustment of any existing = ieiaaiw � a�}�w"imej�ie awessary to prevent adverse effects on the radiation pattern of any AM station T; W ■ W &4roved Equipment. Licensee shall provide Licensor with written proof of such JrRl�. In ft fflnrt LilswWe determines that pre or post - installation testing for AM interference is not wPaweal at *a Sorror ImeWAy, a mh a determination shall be at Licensee's sole risk. If Licensee or Licensor i eaiiai , a maw WN A wee from an AM broadcast station after the Approved Equipment is added to a "M Or I T411111111111ir 6 A 0 Scommodate Licensee, Licensee shall eliminate such interference within 30 eoierrdor of On rimeso ei soeh complaint. Licensee's failure to eliminate such interference within such 30 day pried asTmmilLim aI Ad6d wader this Agreement and Licensor shall have the right to eliminate such � & "ir llr Licensee further agrees to indemnify Licensor in the event that Licensee's iwlPlre to ON" "Mh On SPCC NOW and Regulations prior to installation /modification of the Approved Equipment M001W is err imses%etion, proceeding or adjudication with respect to Licensor. 12. SITE RULM M fill 6&nsee agrees to comply with the reasonable rules and regulations established from time to Onimmot the Tower @v@W1LiW Licensor, which may be modified by Licensor from time to time upon receipt by Licensee cl reek urird mim wd regulations. Such rules and regulations will not unreasonably interfere with Licensee's "dF= M*A OW abler this Agreement. 13. DESTRUC7M;�i (a) Destrtliio". If Ito - PpW er WPM portions of the improvements at the Tower Facility owned r Ll��lr ors destroyed or w w 1s wrderially interfere with Licensee's use and benefits from the Liowrwd !'ws Licenseror to elect to cancel and terminate this Agreement on the date aTam& aaaiiy and arf 'Fee paid in advance of such date shall be refunded by LicerW 0 Lv I within M d9pu f eiih tiwmirroOm dote. Notwithstanding the foregoing, Licensor may elect, in its see "on slim, to restore V irapirrrarratsr in which case Licensee and Licensor shall remain bound to do tams of bir Agreer= he a Mled to an abatement of the Monthly License Fee during the loM R y` I"M Tower Is se dewyed the! *eeewelruction or repair cannot reasonably be undertaken without I the Approved iyrilsrsrl, tiro A Weseror may, upon giving written notice to Licensee, remove any ells 'pp oi Equiprr" bail ft Ictivity of Licensee, (ii) Licensee may, at Licensee's sole cot M install 119ptill ligr"S Vq eebh reconstruction or repair, provided such temporary facilities de wet 1wleKers with the wwsMediwr, m6aihliwl er operation of the Tower, (iii) Licensor agrees to provide Licemime Awoolrrw space, i awdEbNa, d ! Thar dr at the Tower Facility during such reconstruction /repair period W EWW LicensR qg Ir replace the Tower in a fashion sufficient to allow Lice= � operatierrslhwewl w**m 6 w idit of the date of casualty, provided that such 6 month period shall In oolsowlwl extended Tai w laag ao l.iaaaaar Lis commenced and diligently continues to restore or replace srlii To mm, MA Licensin � Tp W Rurally disrupted for 60 or more consecutive days, then Licensee, Irierewi!lerl rletiie to Liwwr , Iwo} terminate this Agreement. If p /IW IF rW substantial part of the Tower Facility shall be taken by any 001Ib tai mWir• the pewee W awirrerrl dswioin or in deed or conveyance in lieu of condemnation so as to maladil* irrlarf wile Livemwelle we Lowe f rid Imeefits from the Licensed Space, then this Agreement shall terminae an tie prat ■ Sdit J ! i fPl� Iy such authority of that part, and Licensor or Licensee shall W& T� rb♦ lewwhids thli MWreerrlsnilli PO PW unearned Monthly License Fee paid in advance of such terrrAnillerl shell trs 10 i�airrrurr! ECM #41028 Rev. 0224.09 254 of 703 LMeE"009l1M MMK 1 MAM M" r� IS ■1�1 : iiai� 7ooW refundE Iw 6MM U ANn R 04 MMM rwa EdWEW6&M fissilidiep Licenses m' abet to rebelld Ow Tewsr er otlres MWwrxewr; lft= kr Wh r location r pmkr smommil isassd or same" by Lieeneer, in w polls sees Liewwee end Liwwrswsr wi eli ssrrreisr bound EMW 61�M &wM fr U lfisar it iaipmwasiad% ft Widisssf iprr &MI ke rssiffii ie include the wew TrV "VIM r "r to �� a)A � � iR f�f■1r� be a.. was" i rfrlAe w( Lwwwer a" hima*xe !!I le the Lime as Vase. LicensS cg�ic rant IG iiria a iai b aasaai dw -&arty Ilia any OMW is V nowt nrk claim s Ir #"M ff WS rw f RON" 6� I* IM J) SM (c) Licenser Far fieimmool 7% finfiy lbr Par v& moped is tie afsisi l fmrr faiy shall be abated during M OW IM01% - MW M IS M ill M ■ (a) or (b) above so long we Liewrrewe in uwebb b werrlisaw le siraFEe here a MW9F W leeellee M *W IFIRM Wing any period of restoraiss. so. CedieLmooff WefM Yr41 a Lfesxews shellMe wlrl "Ilrf� ng requirements of V NA small tiro FC appieaklsis be %wsr peon: fef lb deal at tbo sseprissanpi ier results from the r9w JW1i1 ! an the TaYrai, aim lw Zia saki sad empaasaa As iabr (including any WT 40% h 9 1�M. L� I� �l� pf MR= W "D 9Ws of Licensee's sessis ■i�r ssiresY VW to=" k'�M1 obsomWA ri AW w le the FAA if fusee dents imposed on ilssssse aia b ssssii d �sss r d kisaassr. iakrfisa■ia is im emg=W is this Agreement, ifill�fil� 1f� f�� Li a1f • I rAR M rfil dins of municipal, whale awel Ii I Ii oil iellresi ms rslelir� le ohs inelwNelieix, wreiwleeeeeq� lom*M% us% operation, and ssassrrl its Of f iilr+sisW and ris ei irspserssssrk .ei pswwal M.Yrwprovi ;ions of this * ffirionally Omitted. fJ 60MV on Indemnification. Neither "f" Be � or liable to any of the foregoing Parties for nap Damages arising from any claise w srl dixisossrt to any acts or omissions of other licensees ar Bears occupying the Tower Facffi or lir aryl allimAod ai power (allures or destruction or damage to i+f 1llwer Facility except to the exEfR � Sr "fift ■frt, or concurrent gross negligence or willful mieeonduct of such Party. I irrviral. The provisions of this sectiki 7 &M ail A& t! aspen or earlier termination of this Agreement with f!! to any events occurring on R 4SM MMMS 1 cff gJFR fation of same whether or not Claims relating 1xissele are asserted before or after suele w gonsiisn or lewniouNw. Licensor and Licensee sly Oft it W M =~ during the Term of this Agreement, insurance M"Me in accordance with Appendix II 11SM "EMS 't Isf,/Tlilllll§I OF PARTIES' LIABILITY. NEIWWR fW 41MENSEE SHALL BE RESPONSIBLE FOR, AND MJMW WAIVES ANY INCIDENTAL QR QQM *JE DONAGES INCURRED RESULTING FROM (i) LICENSEE'S USE OR LICENSEE'S INAB"TY T& LWF TIC€ TOMMR FACILITY, OR (ii) DAMAGE TO THE OTHER'S fi T. If Licensor shall fail to pelf or siasars aa} 16mk condition, covenant or obligation required to be NVIERW or observed by it under this Agr1Mlflr!'R R li f!l1rrl�llllD Wr11 fh indemnity obligation hereunder, and if Licensee shall, as a consequence thereof, recover w mew" jwslpwext kioensor (whether compensatory or punitive in ii a sshw* ensee agrees that it shall look �� a and interest in and to the Tower Facility and the TIM V The collection of such judgment, x11 1�11W r that no other assets of Licensor shall be subject N W% execution or other process for theeslieWalim @0 Liss in sin jsfr fnent, and that Licensor shall not be personally Iakle rsi my deficiency. 1}, ��ER OF WARRANTY. LICE DISCLAIMS ALL WARRANTIES OF THE TOW TOW R LICENSEE HEREEk C FACILITY WITH SE WITH A LL 1611".' bi UST1M. All notices, demands, approvals, mgwwfs and eMws kwa ■uch Party at the asNuee Iced in the introductory paragrap1h if b& �rsaaisst (sai S mom sass, b i aasat rf to Licensor, with B QJW ff such notice to American Tov= EL }If MJMIqW 7 ,fix, W MM% Agention: General er at such other address as such Fes shell V m0n to the sthss r�T hesele Om accordance with billessaillime rp Ise (the "Notice Address ") and rsse psus sVarsiasl{ sued, 46 ilaiai ILSo ssified mail, return ■ir! §Wested; or transmitted by overdW df w49M rM f101i 4K f b Tiered personally, 11 ECM441028 Rev. 02.24.09 255 of 703 LI§MR SITE NAME/ NUMBER: Quantum Park, FL/91997 � IIIIIIIIW NAME/NUMBER: Boynton Beach - North Tower/ # 002 3t■ 111111611111111111lumd to ha &* oroo w wi a ffisom abor drpa& with the applicable carrier or courier. Notices WIN !F r" V h1er: 4lllllllllllln g" ! OW r h IF F� MWithstanding the foregoing, (i) any notice that is a pang 1 `Y fire @*NO is ian tlwt rangy' wed PWI ire deemed effective for all purposes herein, and ria�ao, I d amwwWk or isAimme& to ilaaare or declaring such addressee or recipient in +� M M" =I I■ FILM ■ It = 2) 4IMs representing such addressee or recipient, if on weme 044d eddreee•ef eeeh skepwr is rid fur Iwwwn. fl. �ffl rf;� 6� RM tB MW r■ ANWent as a whole, or any portion of Licensee's WO ON and P*Fmgs here Wwv i*Rw* Lieeeeer'a pier w�Mep omwwt. In no event may Licensee sublet, sublease, or truawit aq um el As %e iriy or Law sow Jpaaa ley wr d6w party. Any permitted assignee shall expressly aaiM* i1 WER& ICI■ W, ■ IF � MIM1 � 11his Agreement. Licensor may freely assign, "per, jr MMM 00 An"j" * w4, On Wo ewry, Lk4•rM be relieved of all of its obligations under this Arteereer I Ii awi a4w tiro rate of auuFr awileaneMwr M�- -iw. Lkmsee shall pay Licensor a fee of $500.00 (which lac riol iaioaoo.aaoroi�r as oa■ aariiawaq� af■e � IDate by a percentage rate increase equal to the !*RBI ill in BFI ik L" 6 f to consent to an assignment of this Agreement w mgph eh Lisuaeee�suuI ssrt�iasl, wrsedislewYaesa e■eument, subordination agreement or other similar o�naaanaat w iirf fi a a acct raarrai Yy i�iaaaan to pacess such requests, prepare and process any }1�f� a)�y —, r�f� ■ �� 116j4lllllll& systems to reflect any such agreement. Such *a d" eebmieeten of Lieeeeer's tercet amt a hereV deemed fully earned by Licensor upon receipt. Z7 . w it aaainaq, LisnwmmWeemiII11116onlooaarent to any assignment, on among other things, * ndp&@ Ed tic MEW Hiii 1 Um M so long as the Monthly License Fee and Initial ■J RrWgl TV" It 160 111 111 W � 0= set forth in this Agreement, and (ii) requiring the rwwueafraia twat ii rwaiwirrien at iF0 d emir nruuilnanrwnrt, as evidenced by current financial statements Lilhaaoor, a lwwdW paaEw roaaoaMV t at;q Ma Ability of such assignee to meet and perform the ■ � p■W V%W /tl ffiq r fit■ IF ME then current Initial Term or Renewal Term. Any 4 1 ty Lieeeeee in wolin m of fire iu ui *k rrreement shall be void. This Agreement shall be A it up iraaaaaaia a w parry &card fir■ tea. 20. 9MS9119MfATION TO ®ROW10 LEAK. T awd agree that in the event Licensor's rights in the Lia WWW fpm rriim owyr par of tlae Tdow &SAV w it rrhole or part pursuant to an underlying lease, fib pVA ¢ Mr AN IF r♦■ W R P Lease "), all terms, conditions and covenants 11t h AE%VRBF* P" IN NFwM eebundMate to the terms and conditions of the applicable 6wrwrr Lease. le We mast tw bwW *e pwwawno J Ara iiasaW Inase are in conflict with any of the provisions of I& Momomd War Sm ■Sao p - s&&� adAwto ■a 96W dF W, termination rights or financial consideration), Wl RMr LM VW ENO. PWOW, LM■nW tb comply with the terms of such Ground Lease es gEftsblu d on � OW a wpwmp w &e Liaenraer�pria. Notwithstanding anything contained in this Agnaamaawto re oaoiaayk IF he ■tarot 6aaoo a for any reason, this Agreement shall terminate ■19W � 11M I L& �I`l IV 6 � M OW rig city to Licensee as a result of the termination of dde AWeem M. License► is ruder we oiw — qm * errlsed firs *w d w renew the Ground Lease. Licensor shall give woae Lw mob= aobw J so& '_� erm pinAm d t as a result of the termination or expiration of ■o 3d6wr1 6WILG al aaal && = lbrms of such Ground Lease, upon Licensee's rem 4 � III rlerlde a m old 29pj eebb Gmwrd Lease with the economic terms and other terms *0 Liwmar dwma naaaunrainiy wwliaJwi naaMraMnk 2*. � f r* the fetlrrMwrl Merieeeee shell be wxmdm" is be s dub" as a breach of this AlwereenF Limeesur arq �ailanw d Livanruuu is 9" &* frMwily Liaawaw racy Sr W in charge for which iraaaaae �� d paprwad raAkrM AWama A, AM 7 W EW d W ! following written r" OF r IMI! X WW that Licensor is � to rr� seem netisu iws twrrm iw saw+ .w.nrrw tact, awi for wraMaao J V i ilure to pay the i+oaoaa 6" an aayrfar Luca Jil willimtoaovlo ilaaaaae trot paid within 10 ■rte 1, R Go t AW &E �p 1■ r 1 MW "MOM WAR R V00V ft que period is set "in Lieeeeee to rurdwm ur ebmry iwrw wiar y ew* pmw wen or condition of ilwA�wwrri bra am aaarold on arnaiirp wu crW Amp J me* rj+"aaoaor of written notice �ooi f� ir tfgir � d W M i1■ � M i ft 1!r! be extended as lemfk LMeeeeee Ke a Vh to W Sere w Mwy W Lhrsrwee � On sane within such 30 dap awe I and 600malar o.Jammly aai rliMuWj prnaraa and oaa lellid a arar awai (! tits of Licensee to i� h} tic IdaRLAml 1ritiil■ W M W ■ "M "A" and Licensee i� ■ M Vp "Er y}Mlln 4r Pt di of LWWft wrRlerr m hw to Lieeeeew, er ifs dealrm of the existence of wruw Woiaak e6 Odd Fnariaiawa'A "; (r) Liaawaaa eW 6see a leankno, Weehuai or 16 a vskintary petition in iaalay w %4 me iralMLiy WM& i %MMWM, = kM GMW ! ■ ■ hot dismissed by ir1� ■� . r ¢ the r (fre'7 of irwelerrlerl file hrr reerMtedee4ien or arrange for the �wetewad si a neeeiww w Mwa6m in 6awwnapiep Sr rwnlarWiar J an ■ - pica J Licensee's assets, or iiaaaaar makm m aaafta t fir aw& prrNmA tar W Vi■ d � W W W � or Licensee's ECM#41028 Rev. 02.24.09 256 of 703 LICENSOR SM M NK / IVUVl@ W.. tl1r%m Park, FU91997 LICENSEE SITE Nom: 11111hpallins lm& ANorth Tower/ # 002 it M ti IF Licensee's iT hMAy IO)i = oll&o�llllllllI i= 1r tillf Lia&aaa commits or fails �s rvph w an act whiok rasps ie a dwimik wnilersr On W LiMor and the same sat Ill& eased rA1111111s CD 16rsissss &W 0 asrslb sWesles two ss posinAis l wwdw fts Gswwd Lwsse to cure) of the d♦1♦rlfi�sl ld• 16 61111111�R111111111 litlr,, &t' 16 Saflbea% afa ai 11111111111II4I;or40 ■e isspssition of any lien ew the *§"" WrVR WV 81 WW ■ WWI W7 1 W " L1UlfIlllL_q 4M by Licensee or wsyraws classes Lieasasa M ssawasber �iesaarr s inlrarasY iw tdrw #wwr Gswf, cord *hs acme shall not be d An 7 llllrs1a&aa low ofsi111111111111& aia faao 1Liaaaas b 22. Is Ise ew n" a iarbri w a Wine& s1 dais by 1li swd apw Lwwsrsds failure to cure the &si sa rss m isr absrad lass n sr b snon sral lair/ I i'pAmfe, `sa Liaa isms m yr, is w&tion to all other r" it r4sr I.019ttit# r9W 9= I0IW At Its Ir Yl 4111�11, MN 1lr41111111ing written notice ie 1-4wisss, = *w dots w eeeFi *swwim6km shed be sffeeliwe, aeeelwwdwl awl declaring to be Issssitsl��+e sate Is"" 16 Am psseat anfiansf all UwAi+y Wiseman bass as i Myer islawleow lees which would y! ttitlrl� M ! a ¢ N1 A5 IR r an alnual percentage tale esllel lm tll%, a leWom"ebelMesF pewerKs on 0 y OR" l#1 FVW% 00 PWoved Equipment d ii siwrk denow owe lar 66speee w sea inswil sad Mont session wit lisess&sis sets seal sad expense for a � Op f u 11a MM& M&AM 3&rsaa 14,A6, 0&" isil la& &&sled conclusively Fit I I" U MM. 4 i� " = ■ r 111 MrRM V& �p Wts, removal and s iaaw sap "Nor omens/ 4?, mod "M dews of owf wwasd by Licensor in rssZorh@ ■e i R ar Bassi as st U as stases. , liississ d6d sat Inn, = iW dsim the Approved OMPM il■ 6== � 1M M�W W W= W � I. Fly A& V&M MW this Agreement wM bees iwlwsst bow iNsi dote orm w6noW Mws peel downswseerO wee slew wills the dole "I et a wale equal to 18% per asses, of d a issar ale if dried 6p lair is tk sisis in +drsli tiis `is he IssAmed. In addition, Lim ■r■ 1 I�R �■ b R t{y 1♦- ia�■ "M for any payment p l�wt�eelwewt' d�e� LiolRee� Deafer llAe eewtprt wt l wMet�w b1 or Mm 4pd such fee shall beareraasad it saW atar pssiad baaaaAaa i &wfr s new eme wsl Er pesYiss Mws11 wrwsisa W"AdL 29. *QMIRWM@WAL APPR %IALBI 41 Iw Ow sw O that m' yosenwrlenlel le ! or authorization sgwod fern biswosar earn M, spessban of, w ' is beewss specs le Liesssss al Moo is terminated or .� NM say ysrasaaaii offFsolli as ;Z as pal d ssti yon sass W, upisillsy, or legal proceeding, MW IV VIT M M AN L� yW � "M tw IM "IM l! 1 I or legal order el wsslsisiwl the wwww of des ipswsn4 loss slaw Tswas, flrw roisieffmako of Vino Teinvnr, w *e removal of the Tamar bisasese dial sassarr ippssiiail �ipripssaai psassplip bit a as sisal tar ttian fie ii: sequired by such �, ■ L�� I• �! L�M � M j fI 6�i:ts to obtain any lewsMlworeMseM asst w% in Msommig has Lhswieeda imisMelisM sad alwWwwsf the ved Equipment, pe e A&W /sari Linsseer sled nit it sasplsasl M wpad asy 6rasls w ear} r} r eii on in connection ■ M &&M Jh■M. fy = b � &K fir! j� ■ ql "6Mee's behalf, at WER" 04 W 91" In ne iffm PW Lile�ele SINIM,19PNOete A W jwmit the imposition ad now mmmaiiaies er whMaasssraw lea Twiw faaifr es Luse & s annat w folure use or ability b ls&itss apsss &i t& T i� Ilia W ■ ar IN f ice/ iy amM ilMfilll IF Niit. In the event M LAS ~ p SOMM Ve i� JIM f l V=V R jEFEffEVVr ~ OF llld", Licensee shall be a seil'Swsasle fisr w winknw l lop *rissi �pwwla w *wxWe iw eino ebn wills ewsW *Welter or cabinet babls t�s, 06 ■await s1 s■as &sans s1 ra fiarrar i&Mv ssilliLrse @winsl issMilisd mass shall remain the (a) Replace sst of Twwsr. Lien so wasp wt OF siesMsw, P10swe w rebeild Maw Tsww orm /when thereof. Such replacemeft vrli 4 tea at 6kon.w's sets mg sisal (1) set ssesrli in m islssasplen d Liessass's communications services btw&dtld sly 11 &a~ E bM! My TSM. 1 Lam, it lilill sellable discretion, cannot 40M 4b M%pRPM EAR lqn Mr oilM Tower sm9h w sebeild of the Tower, Licenses wrwy uMddislo, el Useneseisaak asst, a tsasps" So% an Issas is prswids such services as LicenserSones &&a&ssM dw&s amombM smAwAm 16 Llllllllllllllll&r No OV a6 jMINANImM WWn available. The location i LW Vo 0 t;lV b Li§ffsjffM6 fib. T!b Li R VVeunder shall be abated fur ear} lewd wWinki Lisuwww is prawd fi wtuww brwslawliq fasn ass Twver due to such replace -- as - r&sWA s1 Mor rely, l�&saaraa1 ilssss&s � aw amendment to this Agl� ■ VEW r% rF L� /sly LMffjolft 1 W TRW PUM. (b) Relocallilliam d ippsssssill 11114iipssrst■ b ttis Amt ass■w rlalise Awrbr (he Laind6ak ialned) desires to occupy= i11111111111P p 1 VTII= E W bbd by Licensor) where Lisswesds drppeasd Ow d Iwwld ss w , Wwswsw weenves the right to require liessess is da■s & hAw do (4 6malaia b6 Aessessad, A ssbaie Inionsiessis Appwved Equipment located ■ = TW rte, p = c= ■11 I Rip � RIM FWt on the Tower, ECM #41028 Rev. 02.24.09 257 of 703 Lim LIERVOMI" NNW ilk /�Ws �h —flha "W W P IZ or ( iii) i� ! Liles M& iD iii> vM �111 NEW 1&*■lit to Mkoig {m6r f1blMag■mim Rate'), ell 4M ppppPJ1• g7 "W /eMo iFl WM n irk QIr� occursr�l irieensw erwy hieenese Orr tees �ieiiee "} *m Mw Cevdilw Olen weaved and if afar .0. sr ra6arsa ai.a �6 asa ample 6 asommoisia 6weeseek A m -- - d &siren" the ToW � 0 906M W cl M iepl�pppp ■ 1pe fepe i Lips 11peppe ellW !If peppe ■ antenna wmm* ere w swofti la aedl uhn, indieole the Copier fiete. VOO& 40 tihlalnaao Deis w Licensw% madW r7 6r MWeedbe Whet "aaerr ri1 ie na it Min Weeaar is wiiag ai iie alaeliaa either 6 91 e ppppp Ub e1111111 Wppppa A 6 W *IMMI SIM 11111111111110611 M GAM ■ escalation qPf On fMerMh* Livonia Fee Wen" a sthavvlae 4rewded OR Oft Mrpevrnenn" qr"W Vp � the sams spars sr eslsrsss meted an %W; PO Pripet it aFewa rwMwwa swat *MYM M availati a !fir, iitia 1 ■ M dt W � Wh 4OW6 &&1111111111na stated height ae gpw~ in the Relevelm fW#m; e* W npWR Lommm+s FK flgm T"V i11d terminate i iiearsse sleds e*iim (iy. IMep "sip eireiisn eloiF tw MW *a M M&ir Licensa Im l 0061LW WIM U dm�6 ■rhos ay aior "MM& lffiwfiipt a? l& o Notice eMW ITM a q' Pf Li giii8 I" ft MmW r♦h IS pl i ppe M � that it siwU is releeale ila �+'!�� G wM to a �w wMeame nwwrri No" w RM v* the Relocaias was LL a �a1 T1a� bra of Lftaaaaa's oaaaipl ■� Wieaie 11b Appro%W eeeffl♦a ■r d■ "M 11 %h � eppe ■ ! Mfi`rl fit{ q ie� ee ppe expense, so* wrleeotfew is *a eebjreF to eN Wpm and verrdilierry oh brie AWavnrent wftwriva Mwand. if Licensee aisis or is dewasd de w"d spies (f}, Llomeas WE smear is &pprrd aspoweet fee aw Tears Facility ppppYr 0 (M d Leg 11111111111111111le 04% �, 00 i 111116 61 Wit 4 Al pppi■ WI conditions of lhb Agreenrervt in"PW *f Llowm r @ft le *peeve m#w f m Lmmawe vr" Reph 10 Business ter pan" as is wMsNwr Lieewess rieMs sow ** W w lit *ma Lieseess *W bs rearm concluMm&6 % ■w&W apian W ff ww&d aQ Mn 4%Qrd ' ar6 ieawai6 daiM aliEw A, i it Licens ire t11e OW" �t1*I ll hove M" ii "4" a)p % T"C BEING tlree the 9"r—M WW4 Ire "WMW ewwiaewe"sd vlrarriwwi by Licesao& asst oayaaa s66W® JW, %6awo, ai mm&r L6aaaaa wompi 6r Wswmfi� ib6 Wbi MA equipnW All peePfe ■Ft i WW Rep a MRt' ■ Brie M W Tpppp' Fee immed iMr, are* Lievnoer obeli hope the mpW to rvv #m tppe*ed ftrpnrmM a* Lium eook awleom pewee acrd dispose of mob Appurd i4rpsssW in arl srssaas Liaseser eswias* ssi Liessaaa alll rAmLiana Weaasr 6r its expipPppIp wW eff1ppe Alp%i tq'W. i7 Wig GR1Ippp 010% i 41M 401W It s n If" fit' Ir potential Mvenvee of Lievnaer vPMvW, tioevro awpitten dpplieaiivn w offer, efferele nierrelarMr ovnrpwm to Lieeneen for the p*W Ie awMrwpaee en tM*Ts r irrdsrded irrtMe.Missrrssd mss. (c) Tower PPW54r. if dUME On VW if Mile d sorrre Lleerrevr• dslernMnee based on ereneerly� stvislareI standaris appAad io awvwrvaieeYieae 6eswsr Tswes k r hw trewras Wwboaiy vesserri awls that pug 6 poem ri mom" WrAry &Mk , •� Go fiestas dir & paAn � rLd M irir6i, then, uW U pee M ~ nW ip I M� LoplIperWW iR 0 M QiWniee On TOW ie and tenvale this e�relrw w b wr si *a ta el wwlr wew w i, aW w1wMr Licensaale A"..md bWb..t 6 w r faaian o0 6o warilad Tatter. f i6aitaae rnp 6 Lwwmv res rwfi able to IIIIIM & & ■i 1111111 Ip 1�1 Equip.. or0w fire fereppMpp 00 der weliea pwivd, there Li see ar Liesever vrr* ekd is tsnwirrarle *Wv Agreerank. PL EMMISIONL paaMsrrsfrsrwssWpl k'RF Emissions ") is presently orgaws v Iwrarraa ~ 6 any restrictions • imposed by ■e f`1W sir Mar 91�intal agency for RF Emissions ipeeppe W pupil �sible Exposure ( "MPE ") lime, an l(mMrTpW Fe" dherwise becomes subject to fedep% MUM OF level MOB, qIMMons, restrictions or ordinances, Lew see mWO sawrpir w& Licensor's reasonable requests `madilleaNur is An Appsoved Equipment which are raasaaWfti ass mmW 6r Waasor to comply with such limits, r&&, ra9mIllim ■ ordinances and Licensor she Mppppppee efforts to cause all other licenelle fit 1b9er IN a 1% promptly comply. If Licensor an wokation or other power density 9" In poWnn wl i• evelveie RF Emissions compliance ri IIM ir6, am rsvaonable costs of such an evaluia n dssYj' Ad it paid proportionately by Licensee asp Al qMr pppppppp q W Tower within 30 days of Licensift i�llpppppp IM M. i pep study or a study sponsored a Vq MpFMWM@W irepwindicates that RF Emissions al On Teeer. Fwiilli de eel wmply with MPE limits, then Licensee mW Liesawh ea& lbr itself, shall immediately take rep asd riispr asasaeavj 6 ensure that it is individually ■ vW Wh ltd, up to and including cessation (I illellellpV, IW! l it 24"nce program or other mitig tea¢ W 1W ented to comply with MPE and n in YMONO , Liaanwn 00 use commercially reasonable M er ses all viers sees of the Tower to take simiier elo r rr pe assaw" ssse that they are individually 6 eadORM Ar WR pia. 26. ENVIRONII WK. Weemeas snrsssals that it will not use, store, dispose, or release any Hazardous Substances on the Tower Facility in violation of Applicable Law. Licensee agrees to indemnify and save harmless Licensor against any A 14 ECM #41028 Rev. 02.24.09 258 of 703 LICENSOR SITE NAME I NUMBER: Quantum Park, FL/91997 LICENSEE SITE NAME/NUMBER: Boynton Beach - North Tower/ # 002 11111111 ;ims, liabilities, causes of action; mow, soism, jidessats, and clean -up costs arising ilwe iiwlwsai � A 17 � N. M �s of Licensee to indemnify Lich X,i1rl11 sanrce the *WN"WWO w swirsl PW thieg4rM FWt. 27, SUBROGAMM (a) Walvel'. LLslssr and Ida walla d rbM s9a1wiii oai a■or od rnr ol Lva1• eoopaoire consultants and contra; 4" i WFONIO11116 V 11111001111111111 1W 111111 q1 IS � i, k M proceeds of the insuran presided hwobL on" mesh/ rllhic es "P" Nees to the irleererree I. Oil insurance policies tli require) maim s olsalh oarless a aosirw •asonjoloil post onat wsicr dwrns of which the insurarR§ itf (9 & Wi ■ V air !1 rO011 ■ 4� L @mil be a116ir larty. Licensee's insurance Ieflelee shell r"No iIi" LWWW VW qMe by appropriate agreerrorlw mien where iopslhr d fw airwiar wwiwu iirosr to wMrrMwrr wri subcontractors. A waiver it wilrL�n M ail Le 16 a poaaav of mW awas 11awa ■d pswso si taMV would otherwise have ado of ice, %V , $ W i Mr M� IWRM WWly or indirectly, and wow w rrotllro.porror w bod sr morialrie Wessel: IM *0 prp'r"11 dwnapcek (b) Mutual iteieeee. *iekritlwlerrdi7 aI ialaot e4p Mft IM *ft lenl" tip On On yW I�11ee each release the other oval its rrgrsrlee a7 awrlafws asd wlerreer "' Cisionslisp ilwee osmny one claiming through or mach ■aw AV wW fi or ler Marlaga b erey porirere ai Is Go o oer Facility and to the fixtV% p 9 ill WMgFMM pp ID 4' MR* - � � MR W cased by or result from risk imvmmW urrdor ant irwerenee wswied FT cosh te+d mplOPW ly" PWeement, provided that suit] raloassa lee i■orirs aall I mmh to ■e mdm*Sat sae aaaes An art dkd6i or adversely affect the coverage r1'1W LW lP� � W VW tp 1% � R ME IJOOOOOOO fit■ 60 policy. A. E tAMf. TMio Agwosrorl sMdl y Ise hwwrf be slab in whlda the Tower Facility is located. If MW ONNEaa al &A igsaawsal le /semi ir. sr •�� walsi N■e■ iaeeoa or dowlsai, the remaining ii '5 R It An l 1171' MRW ID Ul tS ft e . >! M"M � cam, or election to be wsoie W �rwr *T a R" W% be evade in iw soeh� @"'e a e�o nd ese juwk a Wong elieR unless a different iisrloW { saaili am eaaaarolslaaaec w on" 1ii1r) is rioted Ice a 0mv. 29. IFWO OlMd McMMiMlwi+f. Lissrese wis1, epwr WOW Police is Lbwwovr wrwlM se prarM a woosity interest in the ApWw d iii lopuewt to -W welt w hol iaro of soorvLy iriorools ' w wo ifrois soors and assigns. w *is Boole swily isbwci shred w4wrd� or wamolror m new rwy We Wisovehonr prorwr.of b wnsor. 31. 6&7 "MOOOl% t OOOilOOO[ � M Wrf, Iii j r Ah complete and �lptp i R11 � p " rah 1 upw alb► I "M plop of the Approved W eY OMW I" tisewwe of tlw Twwr Fusillip w mW of IW Wo mW Sorwncies utilized by ""lea ttvai al 111; LgiaowoA b avoovlel Ly 6�, 116 A111dw air anyi U& name utilized by JOO pt 0 A"M rj &* imp a ro RAF is MI TWr PWW 4 Rai Vl t in the affected ta 7 is sm& 1 Ts On esesaliw oh ibis at�rt sleets be elosewsY hs hsoe been prepwlp arewled by Licensor or aaiaisl pmpsly i Lrlorsel I& mod, rwso i}. ilpan Carr ion or expiration ¢ = AM� � M Ii1 M remit; d atR � I r ■ i instruments of reseed ewderleir� each/ Mt�eerosrrt. w sodier {ww+irwliew ofi{i+ie /�eeiwent, sections 15, tli, 1 ?, and ■ aYa1 arrriro V ar�soiaa arms iaorirrfiw cldLr a "roibm r ;W of the provisions of M pd � i i I i7 ■ OW @0000 X� Or W OEM rW hall such waiver e WMP1U" tWleer POW mpreeeh MIEN IF it W" Itp the elf @W 1tt. ThhlAV�nent constitutes iiw atwesweh o1 tlw Cariboo irwMa ow+owr*� ft — — herein sod shell sepossede all prior offers, was agissa vt7issr urn or on 111r 1 d! 417 IM1 Iv yin■ unless made in dM 7 UI11 � r�� Of R� l TNV,�11" MJ be �M h any number of ewrhwrw*a, wed of WIN" shed hew w Iwh s l a(-"& Wyelrc olsoi sonoNvis WA ww instrument. The lea" ogese Lida saamoodar iip islassd ecpfl ar Lingo sri aL7 t>o ■erred an original ■11 I� Rpl�i■p �111�1 i ith qr �p Ie of � � tion, terms and svislwree efdhie eshriM�siwwlirq taw feiieRC w i ba remises ewbedw er I, ceeeuted counterpart 1111 1111h oai vllaorl is iaipiisreoof tLd Lje & avila n@Lr4 svreried rerrlerpart of this first "11111 !}a Heiser Lok ia1 was tie m&&% oswa4 rsoaioo rasa w LoNionoWL ism* pails announcement 3i17at■ tali �1'! 11'If �R t�1 R !7 *'irli �R �■ !R� 1� Ili Party's sole and ebeelele eNeel~. A ir ECM #41028 Rev. 02.24.09 259 of 703 LICENSOR ale t1 WM/ 11 r - N m Park, FU91997 LICENSEE SITE N��: �y�ir Worth Tower/ # 002 The offer of Ii� � h IIII■ d1reement shall automatically AM M Rio a K counterparts of Oft by Licensee, are not deliveref In 1 - 11 15"M *1 F lr6 Date. Iwhibb is Cial of f- - - of and la tion of the Licensed Space 6� 1: i Wiaaiag t%& Ikon of Ground Space for Licensee's equipment shelter or spM 6 Licensors @xMbi4 C: Av*m* Dr mOW or Owm@wftn Drawings to be attached within 45 days after Commencement Date in W& �aaYaa AMWrM I: � ,Merrdbc II: I*reurarree ECM#41028 Rev. 02.24.09 260 of 703 LIODWOR SITE NAME / NUMBER: Qua Ll� ■TCNAME/NUMBER: Boynton Beach - NNA Exhibit A List of Approved Equipment and location of the Licensed Space Initla' l ECM #41028 Rev. 02.24.09 261 of 703 LICENSOR SITE NAME ! NUMBER: QuaMW LICENSEE SITE NAME /NUMBER: Boynton Beach -AW M I Site INIMEM OR 06~ M GkoW Space for Licensee's equipment t hoL!ft hol" Ow applicable) Licensee shA = rllation until Licensor hO NPP" in writing said drawing and attached I bmiiliiii. Initial: ! ECM #41028 Rev. 02 24.09 262 of 703 LICENSOR SITE NAME / NUMBER: Qua LICENSEE SITE NAME /NUMBER: Boynton Beach - Exhibit C &wings or Construction Drawings To bo aR - OW IP~ after the Commencement Date. EC Y941028 Rev. 02.24.09 263 of 703 EMMAC SITE NAMEixNUMBER: Qua NAMEINUMBER: Boynton Beach Appendix% Defined Terms Affiliate(s): Any oenpniiwi, eervwpi li""W liability ss�1 W wow �r1� IF lorf� (through one or aiaia 1p 6A r , a K is d6e arseeeen W setw W1116es Licensee pursuaiR 9j Allooloolo 696 (A N�ISSSIS Ar jr &NEEMW ■ d definition, "control wlesrle iMls peeeeeeien of ttw � dg ee1 je 1pvRm l0 qj �[_ _ W � S N effectively direct A sAmellll� issitieee of &* @Ws0W es hP§ Agreement: definwl in die iiMrn w" jwmWo h. Annual Escalator:: OEM Pi etch W eh ifs 1. Applicable Law: MP%d t 1 maces, laws, regulations and diraiimif aslyIS611111ire4 al& es local governmental unit, authority or ;SSrf■ My 1Rolsom test a Licensed Space or affecting 0 IM ■!y 101� If 69ensor or Licensee under this Agreernat, ieslwr =Wwet ii ok"n, the Communications Act of 10", W ernerRled *erlr OM 1p time, FCC Rules and Regulations, sA tm rilag isrc wA written policies and decisions o%e f t& Application: defiiwel Wweellm IVw prr'k Application Fee: defined in weeder/ IV eh Ware 1. Approved Equipti*tSll "NInErN tlloorh totem, including antennas, radio equipment, cabling and conduS6 shelter and/or cabinets and other pere"l 0 W I 1 OWWd of 1perated by Licensee at the Licensed Space, as defined in Exhibit A or B to this Agreement. Business Day: a day other than a Saturday, Sunday or legal holiday for commercial banks under the laws of the United States or the Commonwealth of Massachusetts. Claims: demands, claims, suits, actions, proceedings or investigations brought aSiirlat a 1psnes lif arriwlrI I ed or unaffiliated Person. Commencement St w refirreal in atebm IV su page 1 q Common Expen =: f" OR folopi }. Connection Fee: illISISIi1 h�ISSSffi IWdh a&1. Construction Draal"n doer 1h .d. a Damages: debts, Aubililiee, I Ii Il PI Wom, damages, excluding consequential or punitive damages, costs and expenses, interest (including, riertNaryriisirert interest), penalties, reasonable legal fees, court costs, disbursements and costs of investipUM Soloohilloo,%Aol. 4M and imposts. Easement: definetl.in aaia 1. Effective Date: defined in the introductory paragraph. FAA: the United States Federal Aviation Administration or any successor federal 9NHFW Sploof%* 1W ' Me same or similar purpose. ■ FCC: the United States Federal Communications Commission or any successor feelelel gi rl l jvMpllyle*V tipM IF similar purpose. FCC Rules and Regulations: All of the rules, regulations, public guidawee, Wrrmw pslisise awe/ decisions governing telecommunications generally and wireless telecommunications specifically M Prat admirielered by the FCC, which on the Effective Date includes, but is not limited to, those administered 1%1 111 Tdillossmad Bureau of the FCC and more specifically referenced as the Code of Federal Regulations, to 41, lM a ftg6 " 04, Iwamended. Ground Lease: defined in section 20. Ground Space: The portion of the Tower Facility licensed for use by Licensee 16 Issaim .pa■ae of to thereon, in the square footage amount depicted on exhibit B of this Agreement. Ph r■ Sot III" h 4811'11 Mominins So air space or rights above the Approved Equipment located in the Ground Space. ECM441028 Rev. 02.24.09 264 of 703 LICENJPHN NAME! NUMBER: Quantum Park, FL191997 LICENSEE SITE NAME/NUMBER: Boynton Beach - North Tower/ # 002 Fld&es Mtances: Any hazardous material or substance which is or becomes defined as a hazardous substance, relisliaM arneWsminant subject to reporting, investigation or remediation pursuant to Applicable Law; any substance which is or railill by any federal, state or local governmental authority; and any oil, petroleum products and their by- products. YrYhrw IIm defined in subsection 6(c). MrdummilFrd Pe ty: any person entitled to Indemnification under section 15 hereof. � 111: (Nned in subsection 6(a). bbrbrrolr: &fined in subsection 11(a)(i). fowl r& fine: defined in section 9. Liesneed Prs&Lr m~. d WmM inreabee0w 1 *US. L� IM A� =Ground Eby more specifically described �� etleiehed Flerelo. 69l+r LW: defined in subsection 11(a)(iii). ' : li of in the introductory paragraph 6irrrsr defined in the introductory paragraph. IMs�issnes Fee: defined in subsection 5(a). NC: �llllliIffli A lection 25. Sena Jtrrrr: defined in section 18. WIN Ian to Proceed): Written notice from Liswwsr it Licensee diet CIF "mod orriiAIIIiiiiiiii mA installation of the Approved ipirin eall Lim tarn � rn rrrri rsi r . - .. - -1 4 i � 0 W menoe its installation of the L! in eveliep 10t eP this Agreement. P!&1. IJ &or or Licensee. � PLencles: defined in section rpage 1 and referenced in Other Provisions W. iinApWrwn defined in subsection 11(a)(iv). Malts er AWffication Fee: defined in section IV on page 1. �� &foss: defined in section II of pal 1,., &remelt Tema : defined in subsection 6(b). I%F 6nriwwwr:nIefined in section 25. rp Mggo" fee: defined in section IV on page 1. !: A subsection 10(b). ! Frei Ord in subsection 10(b). JbinelonalliAmobsis Fee: defined in subsection 10(b). &rJMMWqp1! WWr: defined in subsection 11 (a)(v). 7W% Ir! 7L?n and each Renewal Term which is effected pursuant to section 6 of this Agreement. Tnnrr: A sauna unications or broadcast tower owned and operated by Licensorma heeled ri so Terri Prlflity. fwwrrwillr Certain real property owned, leased, subleased, licensed or msiwrd i pLimmor mWw+w+" page this Apinowed,m Aich a Tower owned, leased, licensed or managed by Licensor Winliamisiff riiiwrnl 11nowencies: defined in subsection 11(a)(vi). WrOvieweW ~: defined in subsection 11(a)(vii). Utility Fee: defin�lpage 1. ECM#41026 Rev. 02.24.09 265 of 703 LICEN X M llpNW / IMPIPPIRR jttum Park, FU91997 LICENSEE SITE lily: 110Woo Uag - North Tower/ # 002 VP" 0 WWR%Iating to the construction, installation, relocation and reconfig� iff ■ WE& Tower rmluding without limitation, construction management, construction jP 4l jgMffFrm@f MgMM cF msdRa `es, antennas, shelters and equipment cabinets. ECM #41028 Rev. 02.24.09 266 of 703 II _ ■ f - A Appendix li Insurance ,L J3gEJf19R9ftl RE010 IF U JIFice during the Term of this Agreement the following insui J� Val 90RUNMEM IMFurance with statutory limits in accordance with all applies, fgMMIVVMEM" W M and Employers' Liability Insurance with minimum limits W III in accordance with all applicable state, federal and mai t QenRgIrIIIIIIl X41 LMWMty Insurance (Bodily Injury aft I�W MOM �, W i IM WW q# JN lih VW MW NIP less than $1,000,000.00 plr �IIIIII 4 un *90 W" If ma less than Five Million Dollars ", =.W. T4q VIIIlIm4 M � VU provide that LICENSEE will � W I =" W I= IR1"*VW qrMffJ!W fl, or material change in cover =. TF■ i� 11.17 !, Vo gmjo I MOWg(Mbrogation against LICENSE[ Ift NMI ■ICE as an I)MIMIIIIII�IIIII i9IIIIlpr, WW Vol be primary over any insures IR I =f WC ENSEE but I% Vqh nIIIIIIIIIIIIII Ip Wo rthe extent of the insured liakl}IIIIIIIIII �0 616MMWR under this AWSWIrt Ift 00 won a standard cross - liability Erqlllll♦. A M non M %01 fWe during the Term of this Agi ff art" 44" ■i any Licensed Space prior to H% ENWRIMMM~ IN ■1R Lah 44" ■i pf 4i� r n99n ME J)Ilowing insurance: VVIN" QWMMVMIMW fturance with statutory limits 11 10 04Mable state, fJWV WO r5l OW, and Employers' Liability Ins� I" "19PWR IS pf $500,000.00 W Ir in accordance with all applies Oft folIy VW titime laws. Commercial General Liability Insurance (Bodily Injury agPA� PIW MW11W", the limits of liability of which shall not be less than $2,000,000.00 p4r IN 6 =,90.00 aggregate. The above insurance shall provide that LICENSOR will "lac AN M JW H) fts written notice prior to any cancellation of, or material change in cover =. Tl r ice! llmlld in this Itemla shall contain a waiver of subrogation against LICENSOFk C. Notwithstanding the foregoing insurance requirements, (a) the ftovWW, 010*1M, t `ilure of any insurance company carrying insurance for either Party, or failurl If Ind EV 0 � Ewpany to pay Claims accruing, shall not be held to waive any of the provision) If thVAqr@VFw" IR Move either Party from any obligations under this Agreement, and (b) Licensor rel♦"M ft 4", *"W rm % time, to increase the required liability limits described above in Items A Indf*r J Mn MMWRV1! vft then - current customary insurance requirements in the tower industry national . ECM #41028 Rev. 02.24.09 267 of 703 n 10/25/2012 CITY OF BOYNTON BEACH RE: Colocation Approval & Instruction Letter ATC Site Name: Quantum Park, FL ATC Site Number: 91997 Dear Customer. Your application has been preliminarily approved for the modification of your equipment at American Tower's Quantum Park, FL (91997) lower site. Please review the attached application for any changes or conditions that may vary from your original application. Please contact your ATC Field Operations Technician - Sohn William Sr Zorger at your earliest convenience to schedule a sire visit and lo discuss the ATC installation process. Also, please be advised that an Engineering Service is required prior to collocating on this site. American Tower intends to determine the scope and cost of the required Engineering Service shortly. Once you are advised of the cost a PO or check in that amount most be submitted to either your Account Manager or to me in order to avoid unnecessary delays with your application As part of our ongoing commitment lo customer service, please note that we offer A&E services, full service RF study and design, and structural engineering. The Site Supervisor will be able to discuss any of these services with you. Pursuant to American Tower's Notice to Proceed Process the following documents must be submitted to American Tower: • Fully executed agreement detailing the proposed installation; • Proposed Construction Drawings showing the size and location of all improvements or modifications to the site, including all utilities, grounding and back -up power sources. The Installation Team will approve the drawings and make any necessary changes and send back to customer for revision if required; • Copy of Building Permit (if applicable) or a letter from the local jurisdiction stating that a Building Permit is not required; • Contractors Name with a Field and Office Contact Number. Please note that your contractor MUST be an ATC approved vendor. In addition, if the contractor sub- contracts the tower climbing work, that sub- contracor must also be an ATC approved vendor. You can speak to the Field Operations Technician about this list and how to get your contractor approved. • Purchase Order for the Site Inspection Fee • Construction Schedule • An RF emission analysis demonstrating that the proposed equipment will comply with FCC OFT Bulletin 65 and the FCC's rules and will not require an Environmental Assessment; • If your base station equipment will be installed in an American Tower owned or operated building or shelter, copies of Material Safety Dam Sheets (MSDS) for hazardous materials used or stored outside your exclusive building/shcher or equipment cabinets) and identified on Hazardous Material Inventory Form (see attached). Once American Tower has all the necessary aforementioned documents and a pre- construction meeting has occurred with the Site Supervisor, American Tower will issue a - Notice to proceed" letter. CONSTRUCTION MUST NOT BEGIN WITHOUT A FULLY EXECUTED CONTRACT AND A NOTICE TO PROCEED" LETTER We look forward to having you m our tenam. Please contact arse to discuss any questions or comments. Thank you for choosing American Tower Corporation. Sincerely, Chris Rios Area Project Manager Southeast Area a. Barbara Merrill Territory Manager — Business Development /attachments 268 of 703 1 RESOLUTION NO. R12- ma y\ z' 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4' FLORIDA, APPROVING AN AGREEMENT BETWEEN THE 5 CITY OF BOYNTON BEACH AND SENSUS USA, INC., FOR 6 ADVANCED METERING INFRASTRUCTURE (AMI) TO 7 STANDARDIZE METER READING EQUIPMENT; 8 AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE 9 THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 1d 11 WHEREAS, at the April 17, 2012 City Commission meeting, the City 12 ; Commission authorized staff to proceed with a negotiated settlement with Sensus; and 13 WHEREAS, the City currently operates a Sensus based AMR system that was 14i installed in the late 1990s and early 2000s that is quickly reaching the end of its useful IS life; and 16 WHEREAS, City staff has negotiated a settlement and agreement with Sensus 17', USA, Inc., to replace current and future failed registers of Automated Meter Reading 18 (AMR) systems under warranty with Advanced Metering Infrastructure (AMI) in 19i exchange for the development of a contract /service agreement with Sensus as a sole 201 source provider to replace all AMR units with AMI technology in order to standardize I 21 meter reading equipment and regain meter reading efficiency; and 1 21 ', WHEREAS, upon recommendation of staff, the City Commission has determined 23 that it is in the best interest of the residents and citizens of the City of Boynton Beach to 24'1 approve the negotiated settlement and Agreement with Sensus USA, Inc„ to replace 251 j current and future failed registers of Automated Meter Reading (AMR) systems under 26; 1 warranty with Advanced Metering Infrastructure (_AMI). i 27': NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 28 I OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Document in Windows Internet Explorer 269 of 703 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct. 3 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 4 approves the Agreement between the City of Boynton Beach and Sensus USA, Inc., to i 5 replace current and future failed registers of Automated Meter Reading (AMR) systems under G' warranty with Advanced Metering Infrastructure (AMI), a copy of the Agreement is attached 7 hereto as Exhibit "A ". 8 Section 3. The Interim City Manager is authorized to execute the Agreement with 9 Sensus USA, Inc., on behalf of the City of Boynton Beach. 10 Section 4. That this Resolution shall become effective immediately. 11 PASSED AND ADOPTED this -Q7r day of Mpty 2012, 12 CITY OF BOYNTON BEAC 14', 15j Mayor _ 16 17 18! I Gice.P�layor,, Mack McCray 19i 201 21 I 22! 231 24 25j 26 27' 28 ATTEST: 291 30,! 311 � J et M. I 32i j it 331 i 34� j 35; r 36I ��, � 1 � Do I SI — William Orlove Commissioner'- Commissioner — Marlene Ross 270 of 703 ADVANCED METERING INFRASTRUCTURE (AMI) BASE TERMS BETWEEN CITY OF BOYNTON BEACH, FL ( "Customer ") AND SENSUS USA INC. ( "Sensus ") Sensus (1SA Inc.� Na Jam' u Name: 'liUChae,f � rQc:� Title. ve Vi f1 1" 5 Cj t"i Date 5 115 ( 1 a City of Boynton Beach, I F / L B Name: I.^ g Title I vrEi py i% rry AfwoGsA- Date The date of the last party to sign is the "Effective Date." This Agreement shall continue for /until J ( " Term "). (If nothing is inserted into this blank, the Term of thd agre ment shall be for five (5) years after the Effective Date.) SEnsus 271 of 703 AMI Base Terms 1. Defined Terms. All terms used in these AMI Base Terms ( " Agreement ") as defined terms and which are not defined herein are defined in Exhibit 1. 2. Terms of Sale. This Agreement is governed by Sensus' Terms of Sale, available at http //na sensus com/TCfrermsConditions.pdf or 1- 800 - METER -IT ( " Terms of Sale ") The Terms of Sale are incorporated into this Agreement as if fully set forth herein. 3. Credit. Thirty days after the Effective Date, Sensus will provide Customer with credit in the amount of three hundred fifty one thousand six hundred fifty three dollars ($351,653 00) ( " Credit ") Such Credit can be used towards the purchase of goods or services in the following manner A. $175,826 50 of the Credit can be used towards one hundred percent (100 %) of an invoice (for example, for a $100 invoice, Customer can use this portion of the credit to pay the entire $100 invoice), and B. $175,826.50 of the Credit can be used towards thirty percent (30 %) of an invoice (for example, for a $100 invoice, Customer can use this portion of the credit to pay $30 of the invoice) C. The Credit shall expire two (2) years from the Effective Date 4. Equipment A. 520M SmartPoint Modules. Unheard 505C Units. Within five days of the Effective Date, the Customer shall provide Sensus with an up to date AutoRead meter reading file. The 505C units that are listed as "unread" in the AutoRead meter reading file, and any 505C units that are listed as "unread" in an AutoRead meter reading file generated between the Effective Date and sixty days after the Effective Date (collectively, " Unread 505C Units ") shall be replaced with new 520M SmartPoint Modules ( " Unread Replacement 520Ms "). Sensus shall provide the Unread Replacement 520Ms at no charge, and Sensus, or a Sensus subcontractor, shall install the Unread Replacement 520Ms in the field at no charge. Notwithstanding the foregoing, this subsection (i) shall not apply to the extent any Unread 505C Unit is unreadable due to an Exception, as defined in the warranty document included in the Terms of Sale. For each Unread 505C Unit that is unreadable due to an Exception, Customer shall, (a) pay Sensus fifteen US dollars ($15 00), and (b) purchase a new 520M SmartPoint Module for $87.50 per unit For clarity, this subsection (q does not apply to any 505C units that are listed as "unread" in an AutoRead meter reading file generated after sixty days after the Effective Date, 505C Units Under Warranty From thirty days after the Effective Date until January 1, 2015, if any 505C unit fails to satisfy the applicable warranty according to the terms in the applicable warranty ( " Warranty 505C Units "), then the parties shall abide by the terms of the warranty, except that Sensus shall; (a) replace each returned Warranty 505C Unit with a new 520M SmartPoint Module, and (b) provide Customer with a fifteen US dollar ($15.00) credit ( " Warranty Credit Such Warranty Credit can be used towards thirty percent (30 %) of an invoice (for example, for a $100 invoice, Customer can use this Warranty Credit to pay $30 of the invoice) The Warranty Credit shall expire on January 1, 2015 For clarity, Customer shall pay all In /Out Costs pursuant to this subsection (ii), Sensus will not provide any labor or provide any installation services pursuant to this subsection (i). Page 2 of 39 sEnsus 272 of 703 505C Units Out of Warranty. For any 505C units that fail outside of the applicable warranty ( " Non - Warranty 505C Units "), the Customer shall remove and report such Non - Warranty 505C Units to Sensus. Sensus shall have the right, within one hundred eighty (180) days after Sensus' receipt of Customer's written report of failure, to inspect the Non - Warranty 505C Units at Customer's site to validate any failures. For each Non - Warranty 505C Unit that is returned to Sensus, the Customer shall purchase a 520M SmartPoint Module for $87.50. For clarity, Customer shall pay all In /Out Costs pursuant to this subsection (iii); Sensus will not provide any labor or provide any installation services pursuant to this subsection (iii) Mandatory Purchase of 520M Units. Customer shall purchase from Sensus the quantities of 520M SmartPoint Modules set forth below in the time period set forth below The parties agree that the "purchase" is not complete until the product is paid for, in full, by Customer. The purchase price for the 520M SmartPoint Modules is $87.50 For clarity, Customer shall pay all In /Out Costs pursuant to this subsection (iv), Sensus will not provide any labor or provide any installation services pursuant to this subsection (iv) Number of 520M SmartPoint Modules Purchase by Date 6,500 No later than September 30, 2013 7,500 No later than April 30, 2014 8,500 No later than April 30, 2015 Balance of entire system (such that there are at least 30,000 520M SmartPoint Modules in Customer's system No later than September 30, 2016 J B. Vehicle Gateway Base Station. Sensus shall provide, without charge to Customer, the hardware for one Vehicle Gateway Base Station ( "VGB ") within sixty (60) days of the Effective Date and hardware shall become the property of the Customer upon delivery. C. RF Field Equipment. Subject to subsection (ii), Sensus shall deliver, without charge to Customer, the hardware for the RF Field Equipment necessary to meet the performance requirements set forth in Exhibit H, provided that the Customer shall locate all RF Field Equipment as directed by Sensus. Sensus shall provide the installation services set forth as Sensus' obligations in Exhibit F at no additional cost to Customer, provided that Customer must comply, at Customer's cost, with its obligations in Exhibit F. The parties will mutually agree to a delivery and installation schedule for the RF Field Equipment. Notwithstanding anything to the contrary, Customer shall arrange and pay for the tower lease fees and the Ongoing Fees for all equipment provided pursuant to this subsection (i). The Customer shall have title to all equipment provided pursuant to this subsection (i) This subsection (i) shall only apply to the Meter Territory, as defined in subsection (n) Furthermore, this subsection (i) shall cease on September 30, 2016, such that after this date, Sensus shall have no obligation to provide RF Field Equipment hardware at no cost, and the Customer will have to purchase such hardware, even it is necessary to meet the specifications u Notwithstanding anything to the contrary, the parties recognize and agree that the RF Field Equipment site design is based on the specific metering locations provided to Sensus by the Customer in writing prior to the Effective Date ( " Meter Territory For clarity, the Meter Territory only contains the individual meter locations specifically provided to Sensus by the Customer in writing prior to the Effective Date New or different metering locations provided after the Effective Date may or may not require additional RF Field Equipment and /or changes to the RF Field Equipment locations In the event new and /or different RF Field Equipment Page 3 of 39 sensus 273 of 703 locations are required to accommodate these new metering sites, Customer agrees to pay Sensus for the additional RF Field Equipment hardware, perform the necessary site preparation, and pay for the necessary installation, tower lease, and ongoing fees for all equipment purchased pursuant to this subsection (u). D. RNI. Sensus shall provide, without charge to Customer, the hardware for one RNI within sixty (60) days of the Effective Date. Sensus shall provide the installation services set forth as Sensus' obligations in Exhibit F at no additional cost to Customer, provided that Customer must comply, at Customer's cost, with its obligations in Exhibit F. E. Project Number. Customer shall include the Sensus project number on all Purchase Orders. The project number for this Agreement is CADM 5. Installation of Equipment. A. Sensus, or a subcontractor of Sensus, shall install the Unread Replacement 520Ms, as defined in Section 4(A)(i) B. Except as set forth in subsection (A) above, the parties shall have their respective obligations for the deployment and operation of the AMI System as set forth in the Statement of Work attached hereto as Exhibit F 5A. Hosting Services. A. Customer shall receive and Sensus shall provide the Hosting Services & Support according to the terms set forth in Exhibit D only so long as Customer is paying for the Hosting Services & Support according to the terms in this Agreement B. Election Upon Effective Date. a Upon the Effective Date, the Customer shall notify Sensus of its election to receive, or not, the Hosting Services & Support. Such election is binding and cannot be changed for one year after the Effective Date. b If Customer elects to receive the Hosting Services & Support upon the Effective Date, the pricing in Exhibit B for Hosting Services & Support shall apply. The pricing in Exhibit B for Hosting Services & Support applies ONLY if Customer elects to receive such services as of the Effective Date. C. Election At Least One Year after Effective Date a After the first anniversary of the Effective Date, the Customer shall have the option to modify its election to receive, or not, the Hosting Services & Support, by giving Sensus one hundred twenty (120) days prior written notice. Such notice, once delivered to Sensus, is irrevocable b. If, after the first anniversary of the Effective Date, Customer elects to receive the Hosting Services & Support, such election is binding and cannot be changed for one year after the election to receive such services. The pricing for such Hosting Services & Support shall be mutually agreed by the parties in writing, provided that if the parties cannot agree on the pricing, then Sensus will not provide the Hosting Services & Support Sensus will not reimburse Customer for the RNI (or any other equipment) or for any software fees paid by Customer, and Customer shall retain ownership of the RNI Page 4 of 39 census 274 of 703 c If, after the first anniversary of the Effective Date, Customer elects to terminate the Hosting Services & Support, Customer shall purchase the RNI and obtain all licenses to the Non - Bundled Third Party Software directly from the third parties. If Customer elects to terminate the Hosting Services & Support, Sensus will not reimburse Customer for any amounts paid for hosting fees or otherwise D. Notwithstanding the contrary, Sensus will not reimburse Customer for any amounts previously paid, whether such amounts are for equipment, software, or services. 6. Ongoing Maintenance of the System. A. Generally. i. If Sensus is providing the Hosting Services & Support. If Sensus is providing the Hosting Services & Support, the parties shall fulfill their respective obligations set forth in the Statement of Work attached hereto as Exhibit F, except to the extent that Sensus is required to provide the Hosting Services. J. If Sensus is NOT providing the Hosting Services & Support. If Sensus is not providing the Hosting Services & Support, the parties shall fulfill their respective obligations set forth in the Statement of Work attached hereto as Exhibit F. B. Field Devices Customer is responsible for maintaining its field population of Field Devices. Customer shall provide the field services labor to visit a problem Field Device and perform diagnostics and repair or replacement C. RF Field Equipment. Customer shall be responsible for the ongoing monthly operations and expenses related to sitting of the RF Field Equipment, including any leasing costs, construction costs, taxes and costs of WAN Backhaul Customer shall pay for electric power to the RF Field Equipment. D. Server Hardware. If the Server Hardware is located on Customer's property, Customer shall allow Sensus 24x7x365 remote and physical access to the Server Hardware. Remote access to Server Hardware must be through a high speed VPN. E. Customer Support. Sensus shall provide customer support as set forth in Exhibit G 7. Payment. A. Escalation. Customer shall pay for all goods and services rendered by Sensus hereunder at the prices set forth in Exhibit B. The Ongoing Fees in Exhibit B shall remain firm until January 1, 2017 ( " Trigger Date "). Starting on the Trigger Date, and on each anniversary of the Trigger Date thereafter, the Ongoing Fees in Exhibit B shall automatically adjust to equal the summation of (i) the amount charged for such pricing component during the immediately preceding year ( "Base Amount plus (n) the product of the Base Amount multiplied by the percentage rate of increase in CPI during the immediately preceding year (which product shall not be less than zero, such that the pricing in Exhibit B cannot decrease under this section). The CPI will be calculated utilizing the CPI published the month prior to the anniversary of the Trigger Date compared to the equivalent month from one year earlier to determine the escalation. For example, if the Trigger Date occurs in January 2015, the CPI will be calculated by comparing December 2013 and December 2014 figures Page 5 of 39 sensus 275 of 703 B. Equipment. Invoices for all Field Devices, RF Field Equipment, Server Hardware and any other goods sold by Sensus hereunder shall be delivered along with the relevant goods C. Third Party Devices. In cases where Customer requests or requires Sensus to deliver SmartPoint Modules to a third party meter manufacturer (or any other third party), payment for such modules is due within thirty (30) days of the invoice date to such manufacturer or other third party, irrespective of how long it takes such third party to deliver the SmartPoint Modules to Customer D. Services. Invoices for Ongoing Fees contained within Schedule B and ongoing services shall be delivered annually or monthly, as applicable, in advance. Invoices for other services shall be delivered upon completion of the applicable service. E. Invoices and Payment. All invoices shall be paid as set forth in the Terms of Sale. 8. Taxes. All prices quoted are exclusive of federal, state and municipal taxes Customer shall be liable for all sales, use and other taxes (whether local, state or federal) imposed on this Agreement or the goods, services, licenses, and/or other rights provided to Customer hereunder S. Software License, Third Party Software and Software Maintenance. A. License. i. Subtect to all the terms and conditions of this Agreement, Sensus hereby grants to Customer for the fee outlined in Exhibit B, a nonexclusive, non - transferable, royalty - bearing license under Sensus' intellectual property rights (the " Software License ") to use the Software solely for the purposes of reading its own meters in the Service Territory (the " Permitted Use ") The Software License is personal to Customer and is nonsublicenseable to Affiliates or other third parties Customer shall have no rights to the Software other than those expressly granted in this Section, this Software License contains no implied licenses. Customer shall not use the Software other than for the Permitted Use. u. Except as expressly authorized in accordance with the Permitted Use, Customer shall not (and shall not attempt to) (a) use, copy, adapt, translate, publish, display, sublicense, rent, lease, lend, transfer or distribute the Software, related documentation, or any copy thereof, (b) improve, enhance, revise, modify or make any other derivatives of the Software, related documentation or any copy or part thereof Customer shall not reverse assemble, reverse compile, reverse engineer or otherwise translate or decode the Software or any part thereof, or any copy thereof. Sensus' suppliers of software and documentation (or any part thereof) are beneficiaries of this provision, Customer shall not destroy, remove or otherwise alter any proprietary notices (including, but not limited to, copyright notices) on the Software or related documentation, or any copy thereof, and agrees to reproduce any such notice(s) on any copy thereof it makes pursuant to this Software License iii. The Software License shall commence on the Effective Date and shall terminate immediately when this Agreement expires or is earlier terminated for any reason or if Customer uses the Software other than for the Permitted Use B. Access to Software. Customer shall ensure that only Customer employees and Customer independent contractors who need access to the Software for Customer to obtain the benefits of this Agreement may access it Customer is liable for ensuring that its employees and independent contractors abide by the terms of this Agreement Page 6 of 39 simsus 276 of 703 C. Third Party Software. i In addition to the Software, Sensus shall provide Customer with the open source software listed in Exhibit C under the heading "Bundled Third Party Software" (the " Bundled Third Part v Software Customer acknowledges that the Bundled Third Party Software is subject to various rights and restrictions in favor of or imposed by the licensors thereof and that its use of the Bundled Third Party software is subject to all such rights and restrictions. Sensus provides no warranty, indemnity nor support of or in relation to such third party software Exhibit C contains, under the heading "Non- Bundled Third Party Software ", certain third party software that Customer must license directly from third party licensors in order to operate the FlexNet System ( " Non- Bundled Third Party Software "). Sensus provides no warranty, indemnity nor support of or in relation to such third party software. All such rights and obligations are a matter strictly between Customer and the relevant third party licensors. Notwithstanding the foregoing, Sensus will provide the necessary Non - Bundled Third Party Software only so long as Customer is paying for the Hosting Services & Support according to the terms in this Agreement. D. Support and Maintenance. i For so long as the Customer pays the Ongoing Fees, Sensus shall provide Customer with ongoing software Updates, ongoing software maintenance and remote telephone support of the Software according to the terms set forth in Exhibit G. Upgrades are not included hereunder and shall be priced separately Sensus will support and will maintain compatibility with the most recently released Upgrade ( " Current Upgrade ") and all Updates released after the release of the Current Upgrade. Sensus will continue to support the previous Upgrade ( " Previous Upgrade ") and all Updates released after the release of the Previous Upgrade but before the release of the Current Upgrade for one year after the release of the Current Upgrade. If Customer requires support for versions that were released earlier than the Previous Upgrade or requires support for the Previous Upgrade beyond one year, Customer's Ongoing Fees for software maintenance shall increase by thirty -three percent (33 %) per year until Customer upgrades to a supported version of the Software. E. Effect of Termination. Upon the termination of the Software License, all rights of the Customer to use the Software shall immediately cease and Customer shall promptly remove and return to Sensus all copies of the Software and any related documentation and shall instruct all its employees that further use of the Software is prohibited. F. Intellectual Property. Sensus and /or its supplier (as applicable) shall own all right, title, and interest in and to the Intellectual Property associated with the Software and related documentation. To the extent, if any, that any ownership interest in and to such Intellectual Property does not automatically vest in Sensus by virtue of this Agreement or otherwise, and instead vests in Customer, Customer agrees to grant and assign and hereby does grant and assign to Sensus all right, title, and interest that Customer may have in and to such Intellectual Property G. UCITA. To the maximum extent permitted by law, the Parties agree that the Uniform Computer Information Transaction Act as enacted by any state shall not apply, in whole or in part, to this Agreement. Page 7 of 39 sEnsus 277 of 703 10. Spectrum Spectrum Lease. Pursuant to the terms of this Agreement and the rules of the Federal Communications Commission ( "FCC "), Sensus shall cause Sensus Spectrum LLC ( " Lessor ") to lease (the " Spectrum Lease ") to Customer ( " Lessee ") some or all of the spectrum authorized by the FCC licenses identified on Exhibit E ( " FCC Licenses "). Lessor shall grant such Spectrum Sublease on a nonexclusive basis, solely for the Permitted Use and solely within the Service Territory Such Spectrum Lease shall be a long -term spectrum manager lease pursuant to 47 C F.R § 1 9020, or any successor rule. Lessee shall not use the spectrum leased hereunder (the " Channels "), or cause or permit the Channels to be used at any location outside the Service Territory or for any purpose other than the Permitted Use. Except upon Lessor's express written consent, Lessee shall not sublease, license, assign or transfer the Channels or the Spectrum Lease or otherwise authorize the use of the Channels to any other entity or individual except for an affiliate under Customer's control. Lessor shall retain de Lure and de facto control of the respective Channels and the FCC Licenses B. Representations and Warranties. Lessee represents and warrants that (1) it and any applicable affiliate are eligible, and will continue to satisfy all FCC eligibility requirements to operate on the Channels, (u) any applicable affiliate will comply with the terms and conditions of this Agreement, and (iii) it and any applicable affiliate have all right, title and authority to enter into and perform the Spectrum Lease. Sensus represents and warrants that (w) Lessor is a wholly owned subsidiary of Sensus, (x) Lessor will comply with applicable terms and conditions of this Agreement, (y) Lessor holds the FCC Licenses and (z) Lessor has all right, title and authority necessary to grant and perform the Spectrum Lease. C. FCC Compliance. Pursuant to 47 C.F.R § 1 9045(a), Lessor and Lessee acknowledge and agree that (i) Lessee shall comply at all times with FCC rules governing the FCC Licenses and the Spectrum Lease and other applicable law, the Spectrum Lease may be revoked, cancelled, or terminated by Lessor or the FCC if Lessee fails to comply with applicable requirements, (ii) if one or more of the FCC Licenses is revoked, cancelled, terminated or otherwise ceases to be in effect, Lessee has no continuing authority or right to use the Channels unless otherwise authorized by the FCC, (in) the Spectrum Lease is not an assignment, sale or transfer of the FCC Licenses, (iv) the Spectrum Lease shall not be transferred or assigned except upon prior written approval of Lessor which approval may be withheld in Lessor's discretion and in any event shall not be assigned or transferred to any entity that is ineligible or unqualified under FCC rules to become a party to the Spectrum Lease, and (v) Lessor shall not consent to any assignment or transfer of the Spectrum Lease unless such assignment or transfer complies with applicable FCC rules and regulations. Lessee shall comply with all directives by Lessor regarding the use of the Channels. Lessee shall comply with FCC obligations that apply to it as a result of its own status as a service provider, including but not limited to the payment of any regulatory fees Lessee shall cooperate fully with any inspection, investigation or inquiry conducted by Lessor or the FCC. Lessor shall retain such working control over the FCC Licenses and the Channels, as is required by the FCC and shall be responsible to the FCC for ensuring that Lessee complies with the Act. If necessary in Lessor's sole judgment to prevent or minimize interference, or as directed by the FCC, Lessee shall immediately cease or suspend operations as directed. If Lessor or the FCC determines that there is any violation of the FCC's rules or that Lessee's system is causing harmful interference, Lessor may upon notice take steps to remedy the violation, resolve the interference, suspend or terminate operations, or take such other measures as Lessor deems in its sole discretion necessary to prevent further harmful interference until the situation can be remedied Lessor shall retain the right to inspect, upon advance notice and at reasonable business hours, if practicable, Lessee's premises to ensure compliance with the requirements of Lessor or the FCC. Lessor shall make all contact with and be solely responsible for the Page 8 of 39 sensus 278 of 703 submission of all applications and other filings to the FCC and other government agencies related to the FCC Licenses and the Channels. D. Spectrum Fee. Lessee shall pay Sensus the fees set forth in Exhibit B for use of the Channels. E. Term of Spectrum Lease Promptly and in any event no later than fourteen (14) days after the Effective Date, Lessor shall notify the FCC of the Spectrum Lease. The Spectrum Lease shall become effective when the FCC accepts, or time has passed for the FCC to disapprove the Spectrum Lease (usually no more than 21 days after submission of the notification) The Spectrum Lease shall terminate immediately upon the termination or expiration of this Agreement, unless otherwise terminated as provided herein. The FCC may (i) reconsider or otherwise investigate and terminate this Spectrum lease, (u) order Lessor to terminate this Spectrum Lease, (ui) order Lessee to cease some or all operations in connection with its use of the Channels Lessor or the FCC may terminate this Spectrum Lease in the event that Lessee fails to comply with the terms of this Spectrum Lease or applicable FCC requirements. This Spectrum Lease shall terminate automatically, to the extent that one or more of the FCC Licenses is canceled, revoked, not renewed or otherwise terminated for any reason. Either party may terminate this Spectrum Lease upon the material breach or default of the other party. Lessor will use best efforts to maintain the FCC Licenses in good standing and to have the FCC Licenses renewed at the end of their respective license term Subject to other termination provisions affecting the Spectrum Lease, when the term of this Agreement runs beyond the then - current term of the FCC Licenses, the Spectrum Lease will automatically extend during the pendency of Lessor's application to renew the FCC Licenses and, where the FCC Licenses are renewed, the Spectrum Lease will extend until the expiration or termination of this Agreement F. Equipment Lessee agrees to and shall use only equipment provided by or expressly authorized by Sensus on the Channels. Lessee agrees to and shall meet all requirements of the FCC as may be adopted and /or modified from time -to -time. Lessor shall have the right to approve all equipment installations for compliance with these requirements prior to Lessee's use of the Channels Lessee shall notify Lessor within five days after completion of any infrastructure installations for use with the Channels and shall keep Lessor apprised on an ongoing basis of the status of all such installation. G. Copies. Lessor and Lessee each shall maintain and shall make available to the FCC, upon its request, a copy of this Article 10, Spectrum. H. Indemnification Lessee shall indemnify and hold harmless Sensus and its Affiliates, and Sensus' and Sensus' Affiliates' officers, directors, employees and agents from all liabilities, claims, costs, damages, fines, forfeitures and expenses arising out of, (Q any breach or claimed breach of any representation, warranty, obligation or performance of Lessee under this Spectrum Lease, (u) any actions by Lessee that are inconsistent with Lessor's obligations to the FCC, or (m) Lessee's use, operation or maintenance of the Channels I. Third Party Beneficiary. The provisions of this Article 10, Spectrum, are for the benefit of the parties Notwithstanding the foregoing, Sensus and its Affiliates, and Sensus' and Sensus' Affiliates' entities, officers, directors, employees and agents are intended third party beneficiaries of this Spectrum Lease. No other persons or entities are intended as beneficiaries and none shall have any right to enforce or benefit from the provisions of this Agreement. J. Additional Documents. Each party shall cooperate with the other and shall execute additional documents as may be reasonably necessary in order to carry out the provisions of this Article 10, Spectrum. Page 9 of 39 sEnsus 279 of 703 11. Waiver and Release. Any and all claims or causes of action of any nature whatsoever, be it under contract, in tort, under statute or otherwise, that Customer could assert or bring against Sensus based on any facts arising prior to the Effective Date are hereby waived and released by Customer. If Customer asserts any such claim or cause of action, Sensus is entitled to all legal costs and attorneys' fees it incurs in defending such claim or cause of action. 12. Term and Termination. This Agreement shall commence on the Effective Date and shall continue for the time set forth on the first page of this Agreement. Either party may earlier terminate this Agreement if the other party commits a material breach of this Agreement and such material breach is not cured within forty -five (45) days of written notice by the other party Upon any expiration or termination of this Agreement. Sensus' and Customer's obligations hereunder shall cease and the Software License and Spectrum Lease shall immediately cease. 13. Limitations on Liability. Sensus' aggregate liability in any and all causes of action arising under, out of or in relation to this Agreement, its negotiation, performance, breach or termination (collectively " Causes of Action ") shall not exceed the total amount paid by Customer to Sensus under this Agreement. This is so whether the Causes of Action are in tort, including, without limitation, negligence or strict liability, in contract, under statute or otherwise As separate and independent limitations on liability, Sensus' liability shall be limited to direct damages. Sensus shall not be liable for, (i) any indirect, incidental, special or consequential damages; nor (u) any revenue or profits lost by Customer or its Affiliates from any End User(s), irrespective whether such lost revenue or profits is categorized as direct damages or otherwise; nor (iii) any In /Out Costs, nor (iv) manual meter read costs and expenses, nor (v) damages arising from maincase or bottom plate breakage caused by freezing temperatures, water hammer conditions, or excessive water pressure. The limitations on liability set forth in this Agreement are fundamental inducements to Sensus entering into this Agreement They apply unconditionally and in all respects They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law. To the maximum extent permitted by law, no Cause of Action may be instituted by Customer against Sensus more than TWELVE (12) MONTHS after the Cause of Action first arose In the calculation of any damages in any Cause of Action, no damages incurred more than TWELVE (12) MONTHS prior to the filing of the Cause of Action shall be recoverable 14. Non - Waiver of Rights. A waiver by either party of any breach of this Agreement or the failure or delay of either party to enforce any of the articles or other provisions of this Agreement will not in any way affect, limit or waive that party's right to enforce and compel strict compliance with the same or other articles or provisions 15. Amendments. No alteration, amendment, or other modification shall be binding unless in writing and signed by both Customer and by a vice president of Sensus. 16. Survival. The provisions of this Agreement that are applicable to circumstances arising after its termination or expiration shall survive such termination or expiration 17. Severability. In the event any provision of this Agreement is held to be void, unlawful or otherwise unenforceable, that provision will be severed from the remainder of the Agreement and replaced automatically by a provision containing terms as nearly like the void, unlawful, or unenforceable provision as possible, and the Agreement, as so modified, will continue to be in full force and effect. 18. Four Corners. This written Agreement, together with the Terms of Sale, represents the entire understanding between and obligations of the Parties and supersedes all prior understandings, agreements, negotiations, and proposals, written or oral, between the Parties. There are no other terms or conditions, oral, written, electronic or otherwise. There are no implied obligations. All Page 10 of 39 sEnsus 280 of 703 obligations of Sensus are specifically set forth in this Agreement and the Terms of Sale. Further, there are no representations that induced this Agreement that are not included in it or in the Terms of Sale The ONLY operative provisions are set forth in writing in this Agreement and the Terms of Sale IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. Exhibit List Exhibit A Service Territory Exhibit B Pricing Exhibit C Software Listing Exhibit D Hosting & Support Services (if applicable) Exhibit E FCC Licenses Exhibit F Statement of Work Exhibit G Customer Support Exhibit H Customer Acceptance Plan (CAP) Exhibit I Terms and Trademarks Page 11 of 39 sEnsus 281 of 703 Exhibit A Service Territory Frequency Coordinates Page 12 of 39 SEnsus 282 of 703 m Ln M O r U1 I I 07 u t l0 a 9 T 3 N C O O) A a O 283 of 703 Exhibit B Pricing Ongoing Fees The Ongoing Fees are mandatory for the Term of the Agreement The Ongoing Fees shall escalate as set forth in the Agreement Item Price Annual Support Fees $3,937 50 per FlexNet Base Station FlexWare Software, FCC License, Maintenance Service Fees Monthly Hosting Hosting Services & Support Fees (Optional) This pricing applies ONLY if Customer elects to receive the Hosting Services & Support commencing on the Effective Date If Customer elects not to receive such support on the Effective Date, and later elects to receive the Hosting Services & Support, the below pricing will not apply and the parties will mutually agree, in writing, on acceptable pricing If the parties cannot agree, in writing, then Sensus shall not provide the Hosting Services & Support Item Price Per Month Payment Monthly Hosting Services & Support Fees- Year 1 $000 Monthly Hosting Services & Support Fees- Year 2 $2,030 Per month Monthly Hosting Services & Support Fees- Year 3 $3,771 Per month Monthly Hosting Services & Support Fees- Year 4 $4,731 Per month Monthly Hosting Services & Support Fees- Year 5 $5,732 Per month Monthly Hosting Services & Support Fees- Year 6 and after I Escalates per the provision below Per month Notes 1 The Years above refer to contract years, such that Year 1 is the time period between the Effective Date and the first anniversary of the Effective Date, and Year 2 is the time period between the first anniversary of the Effective Date and the second anniversary of the Effective Date 2 In addition to the above monthly fees, there is also a one -time FlexWare Software set -up charge Of $5,000 00 3 Starting in Year 6, Customer may renew the hosting term at monthly rates escalated annually by 2.5 %, starting with the first month of renewal, such that the price shall annually automatically adjust to equal the summation of (t) the amount charged for Monthly Hosting Services & Support Fees during the immediately preceding year ( " Base Amount "), plus (it) the product of the Base Amount multiplied by 0.025 4 A portion of the monthly hosting fees will be allocated to a spectrum license agreement General project management, additional training after the initial training sessions, and other services will be priced separately Customer is responsible for monthly RF Field Equipment operating costs including power, WAN backhaul and site lease, if applicable Customer is also responsible for on -site field labor once remote diagnostics by Sensus indicate that a site visit is required Customer is responsible for internet connection or point -to -point data connection between the Customer's site and the Sensus data center Page 14 of 39 simsu5 284 of 703 Exhibit C Software Listinas Page 15 of 39 sEnsus 285 of 703 Software Version BUNDLED THIRD PARTY SOFTWARE Apache Tomcat Version 5.5 23 Apache Camel Version 2 5 Gees Version 2 2 3 -1 Java Version 1 6 20 JMS /Active MQ Version 5 4 2 Ntpd Version 3 9 Open LDAP Version 2 3 43 -3 Open SSH Version 4 4 Open SSL Version 0 9.8e -7 Perl Version 5 8 8 PostgreSQL Version 8 4 Spring Framework Version 3 0 5 Apache HTTP Server Version 2 2 3 copSSH Version 21 0 CURL Version 7 15 5 -2 PostGIS Version 1 3 5 -1 Sanssa Version 0 9.7 1 ImageMagick Version 6 2.8 0 -4 Ghostscript Version 8 15 2 -9 4 NON - BUNDLED THIRD PARTY SOFTWARE r Oracle database OR MS SQL Server (standard edition) Oracle Database 119 MS Windows Server 2003 (Stats) Enterprise Edition (64 bit installation) MS Windows Server 2008 (Database /Parser) Enterprise Edition (64 bit installation) RedHat Linux RedHat Enterprise Linux AS 5 5 Premium Edition Big Brother or HP Open View Version 3 1 Version 7 51 or newer Red Gate SQL Backup or Ventas Netbackup Standard Edition Vernon 6 0 or newer Google Earth Software Version 4 1 or newer Version FLEXWARE^" SOFTWARE Sensus RNI Version 3 0 FlexNet Base Station Software Version 100120 Page 15 of 39 sEnsus 285 of 703 Exhibit D Hosting & Support Services (if applicable) Description of Services This exhibit contains the details of the hosting services that Sensus shall provide to Customer for the prices set forth in Exhibit B. A. Termination of Hosting & Support Services. Customer shall have the option at any time after full deployment but before the end of the Term to terminate the Hosting & Support Services by giving Sensus one hundred twenty (120) days prior written notice. Upon delivery of the notice, Customer shall purchase the necessary RNI(s) and shall pay all applicable fees, including any unpaid hosting fees. Such notice, once delivered to Sensus, is irrevocable Should Customer elect to terminate the Hosting & Support Services, it acknowledges that, (a) it shall purchase the RNI hardware, (b) Sensus will cease to provide the Hosting & Support Services, and (c) the parties will fulfill their respective obligations as set forth in the Statement of Work in Exhibit F. B. Hosting & Support Services Definition. 1 " Hosting & Support Services means only the following services i Use of RNI hardware, located at Sensus' or a third party's data center facility (as determined by Sensus), that is necessary to operate the AMI System ii. Initial training (not to exceed five days) on the use of the AMI System and all product documentation, including any updates to product documentation ni Providing Updates and Upgrades to latest Sensus FlexWare Software releases iv. Providing FCC spectrum, pursuant to the terms of the spectrum lease, to operate the AMI System (for USA customers). v. Providing remote firmware maintenance for FlexNet Base Stations and SmartPoint Modules (Customer must provide IP access to each FlexNet Base Station in order to perform secure shell (SSH) functions). vi. Providing certain third party software required to operate the RNI (specifically, Microsoft SQL server, Microsoft Windows Server, Red Hat Linux OS, and other Bundled Software) vii. Providing secure Web portal access to the hosted FlexWare Software application for the Customer (Customer system administrator grants RNI access to authorized Customer personnel as they are added). viii Submitting a "daily reading file" in standard file format containing hourly consumption reads and all available alarms collected by the AMI System, including exception reports, such as zero consumption reads and non - responding meters (including traceability to the meter location when the meter installer provides the location information). ix 24x7x365 server and network monitoring and trouble ticket generation, advanced security monitoring and preventative maintenance monitoring using diagnostic software tools Page 16 of 39 sEnsus 286 of 703 x Network optimization after the final propagation study and FlexNet Base Station site plan is verified by Sensus, and network tuning of endpoints deployed in the service area xi Performing daily off -site vaulting of encrypted backup tapes containing one year of history for auditing purposes. xii. Providing current Sensus fixed base reporting software (for up to 50,000 SmartPoint Modules) for up to thirteen (13) months of hourly data retention for basic reporting, route processing and querying functionality. xni Providing telephone support consistent with the Sensus Customer Support Procedures as set forth in Exhibit G. xiv Providing "hot failover" disaster recovery solution within twenty four (24) hours. xv Providing FlexNet Base Station parts repair or replacement, at Sensus' discretion This excludes field repair labor and field maintenance labor. 2. " Hosting & Support Services does not include any of the following services i Normal periodic processing of accounts or readings for Customer's billing system for billing or other analysis purposes (other than daily file delivery) ii Field labor to troubleshoot any SmartPoint Modules in the field in meter populations that have been previously accepted. ni First response labor to troubleshoot FlexNet Base Station, Echo Transceivers, Remote Transceivers or other field network equipment. Iv Parts or labor required to repair damage to any field network equipment that is the result of a Force Maieure event v Customer understands that the Sensus route manager meter data management (MDM) application is limited to 50,000 or fewer SmartPoint Modules, and Customer must utilize an enterprise MDMS (or other suitable solution) to manage reading data when system size exceeds 50,000 SmartPoint Modules. If an item is not listed in subparagraphs (1) or (2) above, such item is excluded from the Hosting & Support Services and is subject to additional pricing. II. Further Agreements A. System Uptime Rate 1. Sensus (or its contractor) shall host the FlexWare Software application on computers owned or controlled by Sensus (or its contractors) and shall provide Customer access to the hosted FlexWare Software application via internet or point to point connection (i.e., Hosted - Access use), according to the terms below. Sensus endeavors to maintain an average System Uptime Rate equal to ninety -nine (99.0) per Month (as defined below). The System Uptime Rate shall be calculated as follows System Uptime Rate = 100 x (TMO — Total Non-Scheduled Downtime minutes in the Month) TMO 2 Calculations Page 17 of 39 sensu5 287 of 703 i "Targeted Minutes of Operation" or "TMO" means total minutes in the applicable month ( " Month ") minus the Scheduled Downtime in the Month. ii. "Scheduled Downtime" means the number of minutes during the Month, as measured by Sensus, in which access to the FlexWare Software is scheduled to be unavailable for use by Customer due to planned system maintenance. Sensus shall provide Customer notice (via email or otherwise) at least seven (7) days in advance of commencement of the Scheduled Downtime. iii. "Non- Scheduled Downtime" means the number of minutes during the Month, as measured by Sensus, in which access to FlexWare Software is unavailable for use by Customer due to reasons other than Scheduled Downtime or the Exceptions, as defined below (e g., due to a need for unplanned maintenance or repair). 3. Exceptions. " Exceptions " mean the following events. i. Force Maleure, n Emergency Work, as defined below, and iii. Lack of Internet Availability, as described below. 4 Emergency Work In the event that Force Maieure, emergencies, dangerous conditions or other exceptional circumstances arise or continue during TMO, Sensus shall be entitled to take any actions that Sensus, in good faith, determines is necessary or advisable to prevent, remedy, mitigate, or otherwise address actual or potential harm, interruption, loss, threat, security or like concern to any of the Host Systems or the FlexWare Software ( " Emergency Work "). Such Emergency Work may include, but is not limited to analysis, testing, repair, maintenance, re- setting and other servicing of the hardware, cabling, networks, software and other devices, materials and systems through which access to and/or use of the FlexWare Software by the Customer is made available (the " Host Systems "). Sensus shall endeavor to provide advance notice of such Emergency Work to Customer when practicable and possible. 5 Lack of Internet Availability. Sensus shall not be responsible for any deterioration of performance attributable to latencies in the public internet or point -to -point network connection operated by a third party Customer expressly acknowledges and agrees that Sensus does not and cannot control the flow of data to or from Sensus' networks and other portions of the Internet, and that such flow depends in part on the performance of Internet services provided or controlled by third parties, and that at times, actions or inactions of such third parties can impair or disrupt data transmitted through, and /or Customer's connections to, the Internet or point -to -point data connection (or portions thereof). Although Sensus will use commercially reasonable efforts to take actions Sensus may deem appropriate to mitigate the effects of any such events, Sensus cannot guarantee that such events will not occur. Accordingly, Sensus disclaims any and all liability resulting from or relating to such events. B. Host Site- Security. Although Sensus may modify such security arrangements without consent or notice to Customer, Customer acknowledges the following are the current arrangements regarding physical access to and support of the primary hardware components of the Host Systems 1 The computer room(s) in which the hardware is installed is accessible only to authorized individuals. Page 18 of 39 simsus 288 of 703 2. Power infrastructure includes one or more uninterruptible power supply (UPS) devices and diesel generators or other alternative power for back -up electrical power 3. Air - conditioning facilities (for humidity and temperature controls) are provided in or for such computer room(s) and can be monitored and adjusted for humidity and temperature settings and control. Such air systems are supported by redundant, back- up and/or switch -over environmental units 4 Such electrical and A/C systems are monitored on an ongoing basis and personnel are available to respond to system emergencies (if any) in real time 5. Dry pipe pre - action fire detection and suppression systems are provided. 6 Data circuits are available via multiple providers and diverse paths, giving access redundancy. C. Responsibilities of Customer 1. Customer shall pay all hosting & support fees according to the pricing schedule in Exhibit B 2. Customer may not (i) carelessly, knowingly, intentionally or maliciously threaten, disrupt, harm, abuse or interfere with the FlexWare Software, Host Systems or any of their functionality, performance, security or integrity, nor attempt to do so, (i) impersonate any person or entity, including, but not limited to, Sensus, a Sensus employee or another user, or (m) forge, falsify, disguise or otherwise manipulate any identification information associated with Customer's access to or use of the FlexWare Software application 3. The provisioning, compatibility, operation, security, support, and maintenance of Customer's hardware and software ( " Customer's Systems ") is exclusively the responsibility of Customer Customer is also responsible, in particular, for correctly configuring and maintaining (i) the desktop environment used by Customer to access the FlexWare application hosted by Sensus, and (u) Customer's network router and firewall, if applicable, to allow data to flow between the Customer's Systems and Sensus' Host Systems in a secure manner via the public Internet. 4. Each of Customer's authorized users will receive a username and password upon completion of the applicable Sensus registration process ( " Authorized Users ") Such usernames and passwords will allow Authorized Users to access the FlexWare Software application. Customer shall be solely responsible for maintaining the security and confidentiality of each user ID and password pair associated with Customer's account, and Sensus will not be liable for any loss, damage or liability arising from Customer's account or any user ID and password pairs associated with Customer. Customer is fully responsible for all acts and omissions that occur through the use of Customer's account and any user ID and password pairs. Customer agrees (i) not to allow anyone other than the Authorized Users to have any access to, or use of Customer's account or any user ID and password pairs at any time; (u) to notify Sensus immediately of any actual or suspected unauthorized use of Customer's account or any of such user ID and password pairs, or any other breach or suspected breach of security, restricted use or confidentiality, and (iii) to take the Sensus- recommended steps to log out from and otherwise exit the FlexWare Software application and Host Systems at the end of each session. Customer agrees that Sensus shall be entitled to rely, without inquiry, on the validity of the user accessing the FlexWare Software application through Customer's account, account ID, usernames or passwords Page 19 of 39 sensus 289 of 703 D. Disaster Recovery. In the case of a disaster and loss of access to or use of the FlexWare Software application, Sensus shall use commercially reasonable efforts to restore operations at the same location or at a backup location within twenty four (24) hours. Customer acknowledges and agrees that such an event may result in partial or degraded service when restored. The pre- disaster/loss level of service shall be restored as a soon as commercially reasonable Page 20 of 39 census 290 of 703 Exhibit E FCC Licenses Call Sign Market Channel Market Name Number Block Page 21 of 39 census 291 of 703 Exhibit F Statement of Work General Responsibilities Sensus will: 1 Provide a project manager to coordinate all FlexNet installation activities with Customer and be the main contact point between Customer and Sensus during deployment. The project manager will also coordinate all installation activities with the Sensus field engineers and contract installation crews hired by Sensus to install any equipment that is the responsibility of Sensus. For clarity, the Sensus project manager is not responsible for the installation of, or the coordination of the installation of, any meters or SmartPoint Modules, 2 Conduct a propagation study to determine the locations best suited for installation of the FlexNet Base Station's and to ensure proper communications with end point transmitters and the RNI Customer will: 1. Provide a key point of contact for project management activities to work with the Sensus project manager to help facilitate a timely installation of the FlexNet system 2. Provide Sensus a map of its Service Territory with latitude and longitude ( "lat/lon ") coordinates of its Service Territory boundaries, a list of meter locations, and a list of preferred Customer tower locations 3. Work with Sensus to develop a shipping schedule to include network and metering components for the Sensus AMI System. The shipping schedule will be updated at least quarterly, but may be updated on a more frequent basis as implementation proceeds. The shipping schedule shall identify each geographic area of the deployment, the specific locations of meters (street addresses and/or lat/lon if available) in that area, and the estimated date of installation in that area. The plan shall estimate the number of meters by Sensus part number and form type to be installed for each quarter of the project until completion. 4. Be responsible for monthly fees associated with the network access for all sites where network access is needed. 5. Provide communications link (high speed DSL is preferred) between the RNI and the FlexNet Base Station. 6. Purchase any routers, hubs, mounting equipment, uninterruptible power supply and/or security equipment needed to connect the RNI to Customer's internal network. 7 Be responsible for the payment of any taxes, renewal, regulatory or license fees associated with the network hardware and software. 8 Be responsible for applying for and purchasing any needed work permits. Page 22 of 39 sEnsus 292 of 703 RNI Responsibilities Sensus will: 1. Install the RNI hardware. The RNI consists of two servers which have mounting hardware and can be installed into a standard rack or rack cabinet If Customer has a suitable rack cabinet with adequate space, then Sensus can install the hardware on such rack, if approved by Customer. Each server requires 1 rack space (3 rack spaces would be needed to accommodate ancillary equipment). Customer will instruct Sensus as to the desired location for the RNI installation. 2 Supply and configure the RNI hardware and data management software necessary to operate on the RNI hardware. 3. Stage all Software and configure the RNI hardware for operation with the AMI System 4. Install the RNI hardware, test, and verify proper network connectivity to access the FlexNet Base Station. 5. Commission the RNI hardware and software and provide training to operate the software and manage the RNI to identified personnel at Customer's location. Customer will: 1 Purchase all needed RNI computer equipment 2 Provide a location for the RNI servers. 3 Provide a cabinet to house the servers when rack space is not available. 4. Provide the network cabling from servers to a network router 5. Be responsible for fees associated with acquiring and maintaining the static IP addresses needed to access network equipment located at the FlexNet Base Station site. 6 Provide the necessary static I addresses for the AMI System components. 7. Provide a power source for the RNI hardware equipment. 8 Secure a suitable contractor to connect the data management software to the billing system to allow for data to be imported for billing purposes. 9. Allow a minimum of thirty (30) to forty -five (45) days from the time the FlexNet Base Station, RNI and sufficient endpoints have been operational before requiring that data be used for billing purposes 10. Provide any necessary equipment should the Customer require system backup. 11. Perform system backup on a regular basis as recommended by Sensus. 12. Be responsible to assure that the servers provided for the FlexWare Software application are provided for the exclusive use of the AMI System. Customer cannot add, and /or delete applications within the FlexWare Software or the servers that house the software without the prior, written approval of Sensus. 13. Provide 24x7x365 high speed VPN connection to the RNI computer and FlexNet Base Station network by authorized Sensus AMR Technical Services personnel for the purpose of performing system maintenance, troubleshooting and system monitoring (if Customer prefers, they can require that Sensus personnel coordinate with them to have a remote login port opened only during the period Sensus requires access) Page 23 of 39 sEnsus 293 of 703 FlexNet Base Station Site Responsibilities Sensus will: 1. Determine the correct FlexNet Base Station configuration for the project and provide project management for the deployment of FlexNet Base Stations. FlexNet Base Stations are available in three configurations indoor, outdoor and rack mounted. 2. Identify and hire a qualified installation team to install and commission the FlexNet Base Station equipment and make final end connections to the equipment for an agreed upon installation fee 3. Provide the FlexNet Base Station and antennae sufficient to receive meter data and provide the meter data to the RNI via Customer's provided network 4 Provide the following equipment for the FlexNet Base Station Installation a) Ante[ BCD -87010 Omni Directional Antenna or appropriate panel antenna as required b) Up to 400 feet of 7/8" coaxial cable per FlexNet Base Station location c) N/F connectors for 7/8" coaxial cable required for antenna installation connection. d) Jumpers required to attached antenna to coax and to FlexNet Base Station (length of Jumper to be determined by individual site). e) RF Polyphaser surge current arrestor. f) Grounding Kits for 7/8" coaxial cable g) #6 stranded grounding wire for grounding FlexNet Base Station Cabinet. h) Antenna mount and standoff for antenna installation. i) Hoisting grips to install coaxial cable and to support coax cable. t) Equipment required to pickup, transport and install FlexNet Base Station on Platform. k) 1 hoisting grip per coax cable and hangars as needed 5 Have access to a ground field (supplied by Customer) to properly ground the FlexNet Base Station and antenna equipment 6. Mount the FlexNet Base Station cabinet (if needed) to the structure provided and identified by Customer 7. Make all data and power terminal, and antennae connections at the FlexNet Base Station Cabinet. This includes the connection from the power source (supplied by Customer) and connection of the CAT 5 data line (supplied by Customer) from the network access point at the site 8 Provide all strapping hardware needed to run the data and power cables from the base of the FlexNet Base Station site to the antennae if needed. 9. Install the antenna at an agreed -upon location on the antenna structure 10. Provide and install Andrew 7/8" coaxial cable from each FlexNet Base Station location to antenna mount location. Coax will be installed on the appropriate leg of tower or mounting structure 11 Provide and install antenna mount with a 3 foot stand -off for the antenna installation 12. Mount the Sensus provided Ante] BCD -87010 or appropriate panel antenna for installation. 13 Install the Sensus provided RF Polyphaser and bond it to the ground buss entry location 14 Install a 6 foot dumper from polyphaser entry port of FlexNet Base Station duplexer 15 Ground the FlexNet Base Station to common ground with appropriate #6 ground wire and appropriate ground lugs. 16 Program and commission the FlexNet Base Station for proper operation. Page 24 of 39 sEnsus 294 of 703 17 Sweep the antenna and coax line to ensure conformance to Sensus' published specifications 18 Perform drive -by testing to verify coverage 19. Not be held responsible for damage to any interior /exterior coatings on water tanks that result from welding of antenna mounts to tanks Parties will mutually agree to a scope of work prior to installation 20. Assume responsibility for damage to tower structure and equipment resulting from inferior workmanship Customer will: 1 Provide an area at the FlexNet Base Station site for installation if the FlexNet Base Station is to be installed at a Customer provided site and prepare the site as follows a) The site must have a network connection available for the FlexNet Base Station to communicate with RNI. The Ethernet connector on the FlexNet Base Station unit is an RJ-45 type, 101100 auto signaling rate. Minimum WAN bandwidth requirements are 128 kbps with a redundant path. Any network equipment to interface the FlexNet Base Station such as Juniper router / firewall, switches, etc. will be Customer provided. b) Customer will supply connectivity information to Sensus (IP address, default gateway, sub -net mask, etc.) c) Provide suitable antenna mounting structure such as a tower, mono -pole, or budding that is capable of supporting the weight of the antenna, cable, mounting hardware and wind loading d) An Indoor site should have adequate room for the rack facilitating opening of both front and rear doors, and an available 120V grounded outlet within 10 feet e) An Outdoor site installation single phase 240 VAC 30 amp circuit from Meter bank to disconnect panel on FlexNet Base Station f) An Outdoor site shall have installation of FlexNet Base Station concrete support pad or suitable steel support structure with a minimum loading capacity of 6001b./ sq.inch g) An Indoor site should have adequate environmental control /ventilation. Recommended environmental ranges are shown in Appendix A of the Tower Gateway Base Station Installation Manual. Although the unit is capable of operation in extreme temperatures, maintaining a moderate and constant temperature environment will promote trouble -free service and long life. h) The site must have all RF, and power connections properly surge arrested to prevent damage in the event of a ma /or lightning strike. A Halo type building ground installation with a tie available to connect to the rack ground bar is recommended, Motorola R -85 grounding specification preferred. i) Customer to supply a cable bridge between the antenna mounting structure and the indoor /outdoor FlexNet Base Station site if and as needed. 2. Provide the necessary trenching of the power line, conduit, and cabling needed to supply power from the power source outlet to the base station cabinet All electrical equipment will be installed in accordance with local codes. 3. Provide network access at the site where the FlexNet Base Station is to be installed. Customer should consult with a Sensus representative regarding the available options for network connections between FlexNet Base Station and RNI 4. Provide CAT 5 UV and weather resistant network cable from the network service provider access Page 25 of 39 sEnsus 295 of 703 link to the cabinet 5 Provide any conduit or trenching needed to run the data cable to the FlexNet Base Station. Customer is responsible to assure that data cable is located within 1 foot of the final location of the FlexNet Base Station. 6 Provide padlocks at each FlexNet Base Station location for security purposes 7 Install grounding material at the location of the FlexNet Base Station installation. At a minimum, the material should consist of # 4 or #2 stranded copper wire which will connect to the FlexNet Base Station 8 Provide access to a proper ground field at the FlexNet Base Station site to enable Sensus to properly ground the FlexNet Base Station and antenna equipment. 9 Be responsible for getting access /permission to any structure that is not owned by Customer. Echo Transceiver I Remote Transceiver Responsibilities Sensus will: 1 Provide mounting brackets for installation 2 Identify the optimum location to install the Echo Transceiver /Remote Transceiver and communicate those locations to Customer 3 Echo Transceiver /Remote Transceiver locations will be identified only after sufficient FlexNet Base Station's and endpoints have been Installed and it is apparent that additional infrastructure in the form of Echo Transceivers /Remote Transceivers is required to optimize system performance. Customer will: 1. Provide a 120 VAC power source and cable run, in compliance with local code, to the point where each Echo Transceiver /Remote Transceiver will be installed to supply all necessary power requirements. These boxes can be installed on top of poles, buildings, etc For such cable runs, 18 AWG UV and weather resistant power cable for runs less than 470 ft. and 16 AWG for runs less than 750 ft. are needed 2 Install the Echo Transceiver /Remote Transceiver units and ancillary equipment necessary to a structure. 3. Initiate, coordinate and acquire authorization for installation crews to climb poles, buildings and other structures necessary to safely affix cable runs as needed for the installation of the Echo Transceivers /Remote Transceivers 4. Provide adequate electricity to the Echo Transceiver /Remote Transceiver locations and be responsible for any and all recurring electricity charges for Echo Transceiver /Remote Transceiver operations. 5. Be responsible for on -going maintenance and support of the equipment after installation Page 26 of 39 sEnsus 296 of 703 Endpoints & Field Installation Responsibilities Customer will: 1 Purchase Endpoints "Endpoint', in this Exhibit only, means a Sensus meter or a Sensus SmartPoint Module installed on a third party meter 2 Install or hire a qualified installation contractor to install all Endpoints to be used in the AMI System 3 Be responsible for quality assurance for their personnel and /or an installation contractor as it relates to proper installation of Endpoints 4 Visit and troubleshoot Endpoints that are not reporting into the system. Investigate any non - reporting Endpoints to ensure that there are no cut wires, improper installations, improper programming and resolve all data entry errors in the system. 5. Assign an internal and /or installation contractor auditor to ensure installation work is correct Sensus will train this individual to properly identify and correct any known problems in the field This individual will be the primary contact to troubleshoot, identify and correct non reporting Endpoints and installation errors. 6. Once the installer has completed troubleshooting of installation issues, Sensus will investigate the remaining Endpoints to identify and fix any coverage issues 7. Coordinate with Sensus to establish the Endpoints installation schedule, shipment quantities, and overall project timeline. 8 Be responsible to rent or purchase approved handheld programming devices in sufficient quantities to meet the demands of the installers Page 27 of 39 sensus 297 of 703 Exhibit G Customer Support 1. Introduction 1 1. Purpose. The purpose of this document is to outline Sensus Technical Services procedures for identifying, tracking, escalating, and resolving user issues 1.2. Function. Sensus Technical Services provides utility customers with a single point of contact for Tier 1 support of technical issues as well as any coordination of additional resources required to resolve the issue. Requests that require specialized skills are to be forwarded to a senior support engineer or Technical Advisor within the team for further analysis. If Technical Services has exhausted all troubleshooting efforts for the product type, the issue will escalate to the Engineering Support Team. Occasionally, on -site troubleshooting /analysis may be required. The preferred order of on -site support is a) The customer (for assistance with the easiest and lowest time - consuming activities such as power on /power off). b) The local distributor. c) Sensus employees or contracted personnel, if required to fulfill a contract commitment. The following sections categorize and describe levels of support and procedures 2. Support Categories 2.1 General questions regarding functionality, use of product, how -to, and requests for assistance on Sensus AMR, AMI, RF Network Equipment, Metering Products, Sensus Lighting Control, and Demand Response Management System (FlexNet Home) 2.2. Proactive reporting and resolution of problems. 23. Reactive reporting to isolate, document, and solve reported hardware /software defects 24. Responding to service requests and product changes. 25 Addressing customer inquiries with printed or electronic documentation, examples, or additional explanation /clarification. 3. Support Hours 3.1. Standard Support Hours Toll -free telephone support (1- 800 -638 -3748 option #2) is available Monday thru Friday from 8 OOAM EST to 6.00PM EST. After - hours, holiday and weekend support for Severity 1 and Severity 2 issues is available by calling 1 -800- 638 -3748, option #8 Page 28 of 39 sEnsus 298 of 703 4. Support Procedures 4 1. Customer identifies an issue or potential problem and calls Technical Services at 1- 800 -638- 3748 Option #2. The Customer Service Associate or Technical Support Engineer will submit a SensusCare ticket. 4 2. The Customer Service Associate or Technical Support Engineer will identify the caller name and utility by the assigned software serial number, city, and state in which the call originated The nature of the problem and severity levels will be mutually agreed upon by both parties (either at the time the issue is entered or prior to upgrading or downgrading an existing issue) using the severity definitions below as a guideline. The severity level is then captured into SensusCare for ticket creation and resolution processing. Any time during the processing of this ticket, if the severity level is changed by Sensus, the customer will be updated. a Severity Levels Description Sev1 Customer's production system is down The system is unusable resulting in total disruption of work. No workaround is available and requires immediate attention. Example Network mass outage, all reading collection devices inoperable, inoperable head end software (e g., FlexWare, Sensus MOM) Sev2 Major system feature /function failure. Operations are severely restricted; there is a major disruption of work, no acceptable work- around is available, and failure requires immediate attention Examples Network equipment failure (e g., FlexNet Echo, FlexNet Remote, Base Station transceiver, or VGB), inoperable reading devices (e.g , AR5500, VXU, VGB, or CommandLink), head end software application has important functionality not working and cannot create export file for billing system operations. Sev3 The system is usable and the issue doesn't affect critical overall operation Example: Minor network equipment failure (e.g., Echo /Remote false alarms or Base Station transceiver false alarms), head end software application operable but reports are not running properly, modification of view or some non - critical function of the software is not running. Sev4 Minor system issues, questions, new features, or enhancement requests to be corrected in future versions Examples Minor system issues, general questions, and "How -To' questions Brief description of questions, problem symptoms, or error messages depending on nature of the incident. b. Brief description of questions, problem symptoms, or error messages depending on nature of the incident 43 The Customer Service Associate or Technical Support Engineer identifies whether or not the customer is on support. If the customer is not on support, the customer is advised of the service options as well as any applicable charges that may be billed. 4 4. Calls are placed in a queue from which they are accessible to Technical Support Engineers on a first - come -first -serve basis. A first level Customer Service Associate may assist the customer, depending on the difficulty of the call and the representative's technical knowledge. Technical Support Engineers (Tier 1 support) typically respond /resolve the majority of calls based on their product knowledge and experience. A call history for the particular account is researched to note any existing pattern or if the call is a new report This research provides Page 29 of 39 sEnsus 299 of 703 the representative a basis and understanding of the account as well as any associated problems and /or resolutions that have been communicated. a Technical Services confirms that there is an issue or problem that needs further analysis to determine its cause. The following information must be collected a detailed description of the issue's symptoms, details on the software /hardware product and version, a description of the environment in which the issue arises, and a list of any corrective action already taken. b Technical Services will check the internal database and product defect tracking system, to see if reports of a similar problem exist, and if any working solutions were provided. If an existing resolution is found that will address the reported issue, it shall be communicated to the customer. Once it is confirmed that the issue has been resolved, the ticket is closed. c. If there is no known defect or support that defines the behavior, Technical Services will work with the customer to reproduce the issue. If the issue can be reproduced, either at the customer site or within support center test lab, Technical Services will escalate the ticket for further investigation / resolution. If the issue involves units that are considered to be defective with no known reason, the representative will open a Special Investigation RMA through the SensusCare system If it is determined that a sample is required for further analysis, the customer will be provided with instructions that detail where to send the product sample(s) for a root cause analysis Once it is determined that the issue cannot be resolved by Tier 1 resources, the ticket will be escalated to Tier 2 support for confirmation /workarounds to resolve immediate issue. Technical Services will immediately contact the customer to advise of the escalation The response and escalation times are listed in Section 5. At this time, screen shots, log files, configuration files, and database backups will be created and attached to the ticket. Page 30 of 39 sEnsus 300 of 703 S. Response and Resolution Targets. Sensus Technical Support will make every reasonable effort to meet the following response and resolution targets Severity 6. Problem Escalation Process. 6 1. If the normal support process does not produce the desired results, or if the severity has changed, the issue may be escalated as follows to a higher level of authority 6 1.1. Severity 1 issues are escalated by Sales or Technical Services to a Supervisor if not resolved within 2 hours, to the Manager level if not resolved within 4 hours, to the Director level if not resolved within the same business day; and to the VP level if not resolved within 24 hours 61.2. A customer may escalate an issue by calling 1- 800 - 638 -3748, Option 2. Please specify the SensusCare ticket number and the reason why the issue is being escalated. 61 3 In the event that a customer is not satisfied with the level of support or continual problem with their products, they may escalate a given SensusCare ticket to Manager of Technical Services (1- 800 -638 -3748, Option 2) 7. General Support Provisions and Exclusions. 7.1 A Dell- provided three -year ProSupport hardware service plan plus a 4 hour "Mission Critical' upgrade accompanies the server /system hardware that Sensus procures on behalf of the customer. Sensus does not warrant third party server hardware. The customer may renew the ProSupport service plan directly with Dell. The "Dell Master Page 31 of 39 sEnsus 301 of 703 Standard Target Standard Target Resolution ResotUdon (one or store of the Rbs nffi8 follows Immediately assign trained and Satisfactory workaround is provided qualified Services Staff to correct Program patch is provided. 1 30 Minutes the error on an expedited basis Fix incorporated into future release Provide ongoing communication on Fix or workaround incorporated into the status of a correction. SensusCare Knowled a Base. • Satisfactory workaround is provided Assign trained and qualified Ser- , Program patch is provided 2 4 hours vices Staff to correct the error Provide communication as updates , Fix incorporated into future release occur. Fix or workaround incorporated into SensusCare Knowledge Base • Answer to question is provided • Satisfactory workaround is provided 3 1 Business Day 90 business days Fix or workaround incorporated into SensusCare Knowledge Base • Fix incorporated into future release • Answer to question is provided 4 2 Business Days 12 months Fix or workaround incorporated into SensusCare Knowledge Base 6. Problem Escalation Process. 6 1. If the normal support process does not produce the desired results, or if the severity has changed, the issue may be escalated as follows to a higher level of authority 6 1.1. Severity 1 issues are escalated by Sales or Technical Services to a Supervisor if not resolved within 2 hours, to the Manager level if not resolved within 4 hours, to the Director level if not resolved within the same business day; and to the VP level if not resolved within 24 hours 61.2. A customer may escalate an issue by calling 1- 800 - 638 -3748, Option 2. Please specify the SensusCare ticket number and the reason why the issue is being escalated. 61 3 In the event that a customer is not satisfied with the level of support or continual problem with their products, they may escalate a given SensusCare ticket to Manager of Technical Services (1- 800 -638 -3748, Option 2) 7. General Support Provisions and Exclusions. 7.1 A Dell- provided three -year ProSupport hardware service plan plus a 4 hour "Mission Critical' upgrade accompanies the server /system hardware that Sensus procures on behalf of the customer. Sensus does not warrant third party server hardware. The customer may renew the ProSupport service plan directly with Dell. The "Dell Master Page 31 of 39 sEnsus 301 of 703 Services Agreement" and "Pro Support for IT Services Description" documents may be found at www.dell.com /service contracts. 7.2 Sensus procures certain third party software licenses (e.g. Red Hat Enterprise Lmux) required to operate the FlexNet -based applications on the Dell hardware. Sensus registers all the applicable third party software licenses in the customer's name and ships all documentation and licensing information to the customer with the server The customer is responsible for maintaining all third party software licenses 7.3 In the event of a server hardware failure at the customer site, Sensus will provide replacement Sensus proprietary software (e g., FlexWare) either on digital media or downloadable from an internet site, as necessary. The method of software redistribution is at Sensus' discretion The customer is responsible for re- installing the replacement software. Sensus installation support is not covered under this standard customer support program but may be provided as a fee -based service 7.4. Sensus provides online documentation for Sensus products through the Sensus User Forum (http / /myflexnetsystem.com /Module /User /Login). All Sensus customers are provided access to this online database, which includes operation, configuration and technical manuals Sensus also hosts periodic user group teleconferences to facilitate the interchange of product ideas, product enhancements, and overall customer experiences. The customer shall provide names and email accounts to Sensus so Sensus may provide access to the Portal 7.5 Specialized support from Sensus is available on a fee basis to address support issues outside the scope of this support plan or if not covered under another specific maintenance contract For example, specialized systems integration services or out of warranty network equipment repair that is not covered under a separate maintenance contract. Page 32 of 39 sensus 302 of 703 Exhibit H Customer Acceptance Plan (CAP) The objective of the CAP is to verify that the AMI System will operate and meet or exceed the criteria set forth in this Exhibit All capitalized words not defined in this Exhibit shall have the meaning set forth in the Agreement to which this Exhibit is attached. The CAP shall consist of the Test Equipment, as defined below, and such additional goods as set forth below. The parties will jointly administer the CAP. Customer may choose to waive testing of any requirement if it believes that such testing is unnecessary Should any specific test be waived, such test shall be deemed to have passed. " Test Equipment means the quantity and types of Server Hardware and RF Field Equipment set forth in the final version of Customer's propagation study, as provided by Sensus For all tests below, Sensus will calculate the applicable performance requirements using the existing software features within the AMI System Unless stated otherwise below, any disputes regarding the performance of the AMI System shall be settled using printouts of meter read data from the RNI's database ( " RNI Database "). 1. Water Acceptance Test The objective of Water Acceptance Test is to verify that the water meters and water SmartPoint Modules in the AMI System, when actually installed in specific, mutually agreed reading routes (each a " Route "), will operate and meet or exceed the criteria set forth below. The test is intended to provide incremental acceptance of distinctly defined geographical areas and populations of meters Each Route shall contain a statistical sample of water Available Meters ( " Water Route Units ") Water Route Units only includes the water Available Meters installed in the applicable Route. The parties will mutually agree to each Route Before beginning the Water Acceptance Test, the Test Equipment must be installed in locations defined in the propagation study Additionally, all Water Route Units must be installed. Customer shall send written notice to Sensus once all Water Route Units are installed ( " Water Deployment Date Within thirty (30) days of the Water Deployment Date, the parties shall begin the Water Acceptance Test on the Water Route Units. For purposes of clarity, the tests in this section shall only be conducted on Water Route Units, and Water Route Units shall only include deployed water Available Meters Customer and Sensus shall work in good faith to undertake reasonable efforts to complete the Water Acceptance Test no later than thirty (30) days after commencement of testing. The Water Acceptance Test shall consist of only one test Water Read Success. A. Testing Specifications - Water Read Success The Water Read Success will test whether water Available Meters deliver billing reads within the Billing Window. Water Read Success shall only include Water Route Units that are Available Meters throughout the entire Billing Window This test is achieved when Water Read Success reaches a level of 98.5% successful reads during a Billing Window that begins on a mutually agreed upon date. Water Read Success = 100 x ((number of Water Route Units read during the Billing Window) / (Water Route Units population)). If Water Read Success is equal or greater than 98.5, then Customer shall promptly issue written notice to Sensus that Sensus has successfully completed the Water Read Success test for the applicable Route Such notice shall specify the applicable Route and shall state the date on which Page 33 of 39 sEnsus 303 of 703 the Water Read Success test was successfully completed if such notice is not provided to Sensus within five days after successful completion of the Water Acceptance Test for an applicable route, then the test shall be deemed completed and maintenance responsibility will pass to Customer at that time This process shall continue until all Routes have successfully completed the Water Acceptance Test. B. Completion of Water Acceptance Test Once all Routes have successfully completed the Water Acceptance Test, Customer shall promptly issue written notice to Sensus that Sensus has successfully completed the Water Acceptance Test for all Routes. Such notice shall specifically state that the test is successfully completed for all Routes, and shall state the date on which the test was completed for all Routes. If such notice is not provided to Sensus within five days after successful completion of the Water Acceptance Test, then the test shall be deemed completed Page 34 of 39 sEnsus 304 of 703 Exhibit I Terms and Trademarks 1. "Affiliate" of a party means any other entity controlling, controlled by, or under common control with such party, where "control" of an entity means the ownership, directly or indirectly, of 50% or more of either, (i) the shares or other equity in such entity, or (ii) the voting rights in such entity. 2. "AMI System" identifies the Sensus FlexNet Advanced Meter Infrastructure System comprised of the SmartPoint Modules, RF Field Equipment, Server Hardware, software licenses, FCC licenses, and other equipment provided to Customer hereunder. The AMI System only includes the foregoing, as provided by Sensus. The AMI System does not include goods, equipment, software, licenses or rights provided by a third party or parties to this Agreement. 3. "Available Meter" means an installed Sensus FlexNet meter or a Sensus SmartPoint Module which has been installed on a third party meter, and which, in either case, is not an Unavailable Meter (or on an Unavailable Meter in the case of SmartPoint Modules on third party meters) and which satisfies all of the following criteria A it functions properly, is powered and is not a damaged or failed meter B it is in a deployment area of meters for Customer such that a sufficient number of two -way meters are in range of each other, C it is serviced by a tower FlexNet Base Station or Echo Transceiver or Remote Transceiver that has not been subjected to a power failure greater than eight (B) total hours, D. neither it nor the FlexNet Base Station, Echo Transceiver or any other network equipment that serves that meter has been affected by a Force Maleure event, E. illegal or unauthorized lamming of the radio spectrum is not preventing or interfering with radio communication to or from the meter, F it is installed in the Service Territory, G it has not been reported to Customer under Sensus' or Customer's preventative maintenance, H its functioning or performance has not been adversely affected by a failure of Customer to perform its obligations or tasks for which it is responsible under this Agreement, L its functioning or performance has not been adversely affected by a failure or insufficiency of the back haul telecommunications network of Customer for communications among the components of the Sensus AMI System, and J it has been installed in compliance with the procedures and specifications approved by Customer and Sensus 4. "Billing Window" for a meter means the four day period commencing one day prior to the relevant billing day for such meter and ending two days after such billing day. 5. "CPP' means the percentage change, for the relevant period, of the United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI -U) "All Items Less Food and Energy" for the U.S. City Average for All Items, 1982 -84 = 100, not seasonally adjusted, or substantially similar succeeding index Any CPI increases called forth in this Agreement shall be calculated to the third decimal point (e.g. 2.576 %). 6. "Echo Transceiver" identifies the Sensus standalone, mounted relay device that takes the radio frequency readings from the SmartPoint Modules and relays them by radio frequency to the relevant FlexNet Base Station Page 35 of 39 sEnsus 305 of 703 7. "End User" means any end user of electricity/water /gas that pays Customer for the consumption of electricity/water /gas, as applicable 8. "Field Devices' means the meters and SmartPoint Modules 9. "FlexNet Base Station" identifies the Sensus manufactured device consisting of one transceiver, to be located on a tower that receives readings from the SmartPoint Modules (either directly or via an Echo Transceiver) by radio frequency and passes those readings to the RNI by TCP /IP backhaul communication. 10. "FlexWareT Software" identifies the Sensus software listed in Exhibit C under the heading "FlexWareTM Software" and any Updates and purchased Upgrades to such software 11. "In /Out Costs' means any costs and expenses incurred by Customer in transporting goods between its warehouse and its End User's premises and any costs and expenses incurred by Customer in installing, uninstalling and removing goods. 12. "Intellectual Property means patents and patent applications, inventions (whether patentable or not), trademarks, service marks, trade dress, copyrights, trade secrets, know -how, data rights, specifications, drawings, designs, maskwork rights, moral rights, author's rights, and other intellectual property rights, as may exist now or hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under the laws of the United States or of any other state, country or jurisdiction, any registrations or applications thereof, and all goodwill pertinent thereto. 13. "Ongoing Fee" means the annual or monthly fees, as applicable, to be paid by Customer during the Term as set forth on Exhibit B. 14. "Remote Transceiver" identifies the Sensus standalone, mounted relay device that takes the radio frequency readings from the SmartPoint Modules and relays them directly to the RNI by TCP /IP backhaul communication 15. "RF Field Equipment" means, collectively, FlexNet Base Stations, Echo Transceivers and Remote Transceivers 16. "RNI' identifies the regional network interfaces consisting of hardware and software used to gather, store, and report data collected by the FlexNet Base Stations from the SmartPoint Modules. 17, "Service Territory' means the geographic area described in Exhibit A 18. "Server Hardware" means the RNI hardware 19. "SmartPointT Modules" identifies the Sensus transmission devices installed on devices such as meters, distribution automation equipment and demand /response devices located at Customer's End Users' premises that take the readings of the meters and transmit those readings by radio frequency to the relevant FlexNet Base Station, Remote Transceiver or Echo Transceiver 20. "Software" means the Sensus software listed in Exhibit C under the heading "Sensus Software List" and any Updates and purchased Upgrades to such software. 21. "TouchCoupler Unit' identifies an inductive coupler connection from a water register to the SmartPoint Module 22. "Unavailable Meters" include meters with sockets with power cut at the pole, meters that are booted on the line side, sockets that are not provided power due to a power delivery system failure, meters with tamper, theft or other human induced failures that render the meter or SmartPoint Module incapable of providing a read, a Force Majeure event induced failures of the power delivery system, socket or meter, and /or any system or meter maintenance issue that precludes the meter from transmitting its message to the network. Examples of Unavailable Meters include A. Cut At Pole — a meter for which power has been turned off to the socket by Customer Page 36 of 39 sEnsus 306 of 703 B Booted on Line Side – nominally a meter for which power has been turned off by placing "boots" in the socket from which the power to the meter has effectively been turned off. C. Failed or flawed power delivery to the meter socket – Customer power generation, distribution or delivery system failure that has effectively turned off power to the socket and /or meter. D Tampered Meters – sockets, meters or distribution assets that have been modified by unauthorized personnel rendering the meter incapable of providing accurate usage readings from that meter E Broken TouchCoupler unit — the TouchCoupler unit is damaged by intentional or unintentional acts. F Broken Clip — the clip that holds the TouchCoupler unit into the radio package housing is broken and the unit can not complete the inductive electrical connection G. Improper installation of the TouchCoupler unit — the TouchCoupler unit is not pushed all the way into the housing clip causing the unit to not be able to complete the inductive electrical connection H. Unit not installed through the pit lid — the unit is not installed with the antenna positioned through the pit lid and properly secured with the retaining nut. The radio unit must also be securely attached to the antenna section. I Radio unit not securely attached to the Antenna unit — The water -proof SmartPoint Module housing is not properly installed and secured to the antenna unit J Damaged antenna - the unit's antenna is damaged by intentional or unintentional acts.` K Damaged radio package — the unit's water -proof radio package is damaged by intentional or unintentional acts. L Data Base errors — the unit is removed from the system but not updated in the database. Still shown as in the system when in fact has been removed. M. Phantom Units — the unit is removed from the system but is still transmitting and being heard by the system N Other Installation Defect —the unit is otherwise installed improperly so that it does not communicate with the FlexNet Base Station. 23. "Updates" means patches or other maintenance releases of the Software that correct processing errors and other faults and defects found in the last two previous minor or major releases of the Software 24. "Upgrades" means all releases of new versions of the Software which constitute a significant improvement in functionality or architecture of the Software. 25. "WAN SackhauP' means the communication link between the FlexNet Base Stations and Remote Transceivers and the RNI. Page 37 of 39 senses 307 of 703 Exhibit J Catastrophic Warranty Sensus provides the following Catastrophic Warranty on SmartPoint Modules sold or otherwise provided to Customer pursuant to this Agreement (for this Exhibit J only, "Units "). The Catastrophic Warranty applies only to SmartPoint Modules that are connected to Sensus meters and does not apply to any third party meters. Furthermore, this Catastrophic Warranty does not apply to SmartPoint Modules (or other equipment) that was purchased or obtained prior to or otherwise outside of this Agreement. As used herein, " Failure " and "Fail" means a malfunction that would be covered by the Base Warranty had it occurred within the Base Warranty period. That is to say, all limitations on and exceptions to the Base Warranty apply to this Catastrophic Warranty The " Base Warranty is included in the Terms of Sale, and is also available at, http 11www census com /Module /Catalog /File ?id =10 or available at 1 -800- METER -IT Starting on the Warranty Trigger Date, for the Catastrophic Term, in the event that more than four percent (4 %) of the entire population of Sensus Units fad within one Warranty Year, then Sensus shall (i) repair or replace all Units over the 4% failure rate at its own cost; and (i) pay twenty dollars ($20.00) to Customer for each failed Unit over 4 %. The number of Units for the 4% baseline in each year is the cumulative number of SmartPoint Modules installed at the Warranty Trigger Date or the Warranty Year anniversary immediately preceding the 4% failure baseline point. The " Warranty Trigger Date means the earlier of, (a) the date of successful completion of the Customer Acceptance Plan, or (b) three years after the date the first endpoint purchased by Customer is installed. Customer shall give Sensus written notice promptly after the occurrence of each event above, such notice shall state the date the event occurred. A " Warranty Year means the time period from one anniversary of the Warranty Trigger Date to the next anniversary of the Warranty Trigger Date. The term of the Catastrophic Warranty runs from the Warranty Trigger Date until the third anniversary of the Warranty Trigger Date (collectively, the " Catastrophic Term "). Notwithstanding anything to the contrary, for all Failures under this Catastrophic Warranty 1. Customer bears the total cost of repair and replacement for the first 4% of Units that fail during a Warranty Year, unless the relevant Unit is covered under the Base Warranty, in which case the terms of the Base Warranty will control. 2. Customer bears the cost of field labor for diagnostics, removal and installation of replacement equipment. 3. Customer pays the RMA freight to return the equipment to Sensus Sensus pays RMA freight back out to Customer. 4. Equipment is returned via the Sensus On -line RMA process Neither the Base Warranty nor the Catastrophic Warranty covers Units damaged by a Force Maleure, as defined in the Terms of Sale Page 38 of 39 sEnsus 308 of 703 6. K CONSENT AGENDA December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: PROPOSED RESOLUTION NO. R12 -127 - Approve a pledge of the municipalities of Palm Beach County endorsing the Mayors' Climate Action Pledge, affirming support for the Southeast Florida Regional Climate Change Compact, agreeing to consider implementing the Regional Climate Action Plan in whole or in part as appropriate for each municipality, and urging all Mayors of Palm Beach County to support the Mayors' Climate Action Pledge. EXPLANATION OF REQUEST: In October 2009, the counties of Broward, Miami -Dade, Monroe and Palm Beach convened a leadership summit to discuss the challenges that climate change and sea level rise pose for the region of southeast Florida. The Summit led to the adoption of the Southeast Florida Regional Climate Change Compact by all four county commissions to develop regional mitigation and adaptation strategies as part of a Regional Climate Action Plan (RCAP). The RCAP was finalized in October 2012 and represents three years of development and an extensive public process. Eight municipalities in Palm Beach County offered comments during the public process which were incorporated into the final document. It also represents a common framework to inform, improve, and advance regional policy and planning efforts and provides recommendations for local and regional planning interests. The RCAP is not a mandate for county or municipal actions. It serves as a living document with options for each government entity to adopt and utilize implementation strategies based on the interests and future vision of each individual municipality. The main purpose is to achieve emissions reductions and health benefits, advance new and 309 of 703 alternative fuels, foster a green economy, improve community livability, protect the environment and ensure the long -term resilience and economic vitality of the region. The recommendations are organized into seven topical areas that address specific goals: • Sustainable Communities and Transportation Planning • Water Supply, Management and Infrastructure • Natural Systems • Agriculture • Energy and Fuel • Risk Reduction and Emergency Management • Outreach and Public Policy The City of Boynton Beach adopted its Climate Action Plan in 2010 and staff has been diligently working on the implementation strategies to achieve our goal of an 18% reduction of greenhouse gas emissions by 2035. Working together regionally and mapping out strategies to create vibrant, resilient communities is the next logical step. Several RCAP implementation strategies have been identified as actions that have already been taken through our Climate Action Plan, and other strategies have been identified that will correspond with our future plans in the areas of transportation planning, natural systems, energy & fuel, risk reduction & emergency management and public outreach. The RCAP is also a tool for municipalities that may not yet have adopted a sustainability plan or climate action plan, by providing guidelines that can be followed in whole or in part as appropriate for each municipality. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Regional participation and cooperation will enhance our ability to apply for federal and state funding that requires regional partnerships and encourage the pooling of limited resources to achieve our collective climate action goals. Working collaboratively will serve to protect the assets of the region's unique quality of life and economy, guide future investments, and foster livable, sustainable and resilient communities. FISCAL IMPACT: None ALTERNATIVES: Do not approve the Mayor's Climate Action Pledge. 310 of 703 RESOLUTION R12- A PLEDGE OF THE MUNICIPALITIES OF PALM BEACH COUNTY ENDORSING THE MAYORS' CLIMATE ACTION PLEDGE, AFFIRMING SUPPORT FOR THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT, AGREEING TO CONSIDER IMPLEMENTING THE REGIONAL CLIMATE ACTION PLAN IN WHOLE OR IN PART AS APPROPRIATE FOR EACH MUNICIPALITY, AND URGING ALL MAYORS OF PALM BEACH COUNTY TO SUPPORT THE MAYORS' CLIMATE ACTION PLEDGE. WHEREAS, Florida is considered one of the most vulnerable areas of the country to the consequences of global climate change with Southeast Florida being at the frontline to experience the impacts of a changing climate, especially sea level rise; and WHEREAS, in recognition of the need for immediate, coordinated and visionary action to address the impacts of a changing climate and provide for economic and environmental resilience in Southeast Florida, in 2010 the counties of Palm Beach, Broward, Miami -Dade and Monroe (Compact Partners) entered into the Southeast Florida Regional Climate Change Compact (Compact); and WHEREAS, in accordance with the Compact commitment and through a two year collaborative process involving nearly 100 subject matter experts representing public and private sectors, universities, and not - for - profit organizations, the Compact Partners developed the Regional Climate Action Plan (RCAP); and WHEREAS, the RCAP offers recommendations that provide the common integrated framework for a stronger and more resilient Southeast Florida, including: • Providing the common framework for Sustainable Communities and Transportation Planning to be aligned across the region; • Recognizing the need to protect and address vulnerable Water Supply, Management and Infrastructure and preserve fragile Natural Systems and Agricultural resources; • Providing steps to move towards resilience and reducing emissions through exploring alternatives and decreasing the use of Energy and Fuel; • Building upon strength as effective emergency responders and integrating climate change hazards in Risk Reduction and Emergency Management Planning; 311 of 703 • Providing for effective Public Outreach initiatives to educate the public on the consequences of climate change and providing guidance for developing and influencing Public Policies related to climate change; and WHEREAS, recognizing that there are more than 100 municipalities within the region that will play an important role in the implementation of the RCAP, the Compact Partners included municipalities in the development of the RCAP; and WHEREAS, municipalities individually have been working to achieve sustainability, and the RCAP presents an opportunity to align these individual local efforts with the regional framework and vision; and WHEREAS, municipalities play a key role in the annual Regional Climate Leadership Summits, participated in RCAP Working Groups and now is the time to solidify local government support to advance the RCAP; and WHEREAS, the RCAP now serves as the foundation document of Climate Resilience Planning as part of the seven county Prosperity Plan in support for economic development; and WHEREAS, the RCAP does not provide a mandate but rather serves as a living guidance document with options that each County and local government may align to their own plans and adopt and utilize based on their interests and vision for the future; and WHEREAS, the willingness of counties and municipalities to jointly develop and advocate for mutually beneficial agreements, policies and strategies intended to influence regional, state and national resilience efforts advances "Good Neighbor" relationships; and WHEREAS, in 2005 the U.S. Conference of Mayors adopted the U.S. Mayors' Climate Protection Agreement (Mayors' Agreement) that became a national model for effective collaboration and the framework for more than 1,000 municipalities throughout the nation to take actions to reduce global warming and address the impacts of a changing climate (climate disruption); and WHEREAS, as of 2007, eight Mayors representing municipalities within Palm Beach County speaking on behalf of more than 22 percent of Palm Beach County's population endorsed the Mayors' Agreement; and WHEREAS, in 2012, the need exists for Mayors within the region of Southeast Florida to collaborate on a renewed agreement that will advance regional climate action planning within Southeast Florida efforts while continuing to advance the national goals of the U.S. Mayors' Agreement; and 312 of 703 WHEREAS, utilizing the U.S. Mayors' Agreement as a model for influencing regional climate policies and effective public outreach, all municipalities throughout the Southeast Florida region are invited to sign on to the 2012 South Florida Mayor's Climate Action Pledge and to collaborate on implementation of the RCAP starting today and for tomorrow. 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 municipality of the City of Boynton Beach endorses the Mayors' Climate Action Pledge. Section 3 . The municipality of the City of Boynton Beach affirms support for the Southeast Florida Regional Climate Change Compact. Section 4 . The municipality of the City of Boynton Beach agrees to consider integrating the Regional Climate Action Plan framework in whole or in part as appropriate for each municipality into existing and future municipal sustainability action plans, comprehensive plans and /or climate action plans where and when appropriate and financially feasible Section 5 . The municipality of the City of Boynton Beach urges all municipal Mayors within Palm Beach County to join the Mayors' Climate Action Pledge. Section 6 . This Pledge shall become effective upon adoption. 313 of 703 PASSED AND ADOPTED this day of December, 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — Mack McCray Commissioner — Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 314 of 703 MAYORS' CLIMATE ACTION PLEDGE A PLEDGE OF THE MUNICIPALITIES OF PALM BEACH COUNTY ENDORSING THE MAYORS' CLIMATE ACTION PLEDGE, AFFIRMING SUPPORT FOR THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT, AGREEING TO CONSIDER IMPLEMENTING THE REGIONAL CLIMATE ACTION PLAN IN WHOLE OR IN PART AS APPROPRIATE FOR EACH MUNICIPALITY, AND URGING ALL MAYORS OF PALM BEACH COUNTY TO SUPPORT THE MAYORS' CLIMATE ACTION PLEDGE. WHEREAS, Florida is considered one of the most vulnerable areas of the country to the consequences of global climate change with Southeast Florida being at the frontline to experience the impacts of a changing climate, especially sea level rise; and WHEREAS, in recognition of the need for immediate, coordinated and visionary action to address the impacts of a changing climate and provide for economic and environmental resilience in Southeast Florida, in 2010 the counties of Palm Beach, Broward, Miami -Dade and Monroe (Compact Partners) entered into the Southeast Florida Regional Climate Change Compact (Compact); and WHEREAS, in accordance with the Compact commitment and through a two year collaborative process involving nearly 100 subject matter experts representing public and private sectors, universities, and not - for - profit organizations, the Compact Partners developed the Regional Climate Action Plan (RCAP); and WHEREAS, the RCAP offers recommendations that provide the common integrated framework for a stronger and more resilient Southeast Florida, including: • Providing the common framework for Sustainable Communities and Transportation Planning to be aligned across the region; • Recognizing the need to protect and address vulnerable Water Supply, Management and Infrastructure and preserve fragile Natural Systems and Agricultural resources; • Providing steps to move towards resilience and reducing emissions through exploring alternatives and decreasing the use of Energy and Fuel; • Building upon strength as effective emergency responders and integrating climate change hazards in Risk Reduction and Emergency Management Planning; 315 of 703 • Providing for effective Public Outreach initiatives to educate the public on the consequences of climate change and providing guidance for developing and influencing Public Policies related to climate change; and WHEREAS, recognizing that there are more than 100 municipalities within the region that will play an important role in the implementation of the RCAP, the Compact Partners included municipalities in the development of the RCAP; and WHEREAS, municipalities individually have been working to achieve sustainability, and the RCAP presents an opportunity to align these individual local efforts with the regional framework and vision; and WHEREAS, municipalities play a key role in the annual Regional Climate Leadership Summits, participated in RCAP Working Groups and now is the time to solidify local government support to advance the RCAP; and WHEREAS, the RCAP now serves as the foundation document of Climate Resilience Planning as part of the seven county Prosperity Plan in support for economic development; and WHEREAS, the RCAP does not provide a mandate but rather serves as a living guidance document with options that each County and local government may align to their own plans and adopt and utilize based on their interests and vision for the future; and WHEREAS, the willingness of counties and municipalities to jointly develop and advocate for mutually beneficial agreements, policies and strategies intended to influence regional, state and national resilience efforts advances "Good Neighbor" relationships; and WHEREAS, in 2005 the U.S. Conference of Mayors adopted the U.S. Mayors' Climate Protection Agreement (Mayors' Agreement) that became a national model for effective collaboration and the framework for more than 1,000 municipalities throughout the nation to take actions to reduce global warming and address the impacts of a changing climate (climate disruption); and WHEREAS, as of 2007, eight Mayors representing municipalities within Palm Beach County speaking on behalf of more than 22 percent of Palm Beach County's population endorsed the Mayors' Agreement; and WHEREAS, in 2012, the need exists for Mayors within the region of Southeast Florida to collaborate on a renewed agreement that will advance regional climate action planning within Southeast Florida efforts while continuing to advance the national goals of the U.S. Mayors' Agreement; and 316 of 703 WHEREAS, utilizing the U.S. Mayors' Agreement as a model for influencing regional climate policies and effective public outreach, all municipalities throughout the Southeast Florida region are invited to sign on to the 2012 South Florida Mayor's Climate Action Pledge and to collaborate on implementation of the RCAP starting today and for tomorrow. NOW, THEREFORE, BE IT PLEDGED THAT Section 1. The municipality of the City of Boynton Beach endorses the Mayors' Climate Action Pledge. Section 2. The municipality of the City of Boynton Beach affirms support for the Southeast Florida Regional Climate Change Compact. Section 3. The municipality of the City of Boynton Beach agrees to consider integrating the Regional Climate Action Plan framework in whole or in part as appropriate for each municipality into existing and future municipal sustainability action plans, comprehensive plans and /or climate action plans where and when appropriate and financially feasible Section 4. The municipality of the City of Boynton Beach urges all municipal Mayors within Palm Beach County to join the Mayors' Climate Action Pledge. Section 5.This Pledge shall become effective upon adoption. ADOPTED this day , 2012. 317 of 703 7. A BIDS AND PURCHASES OVER $100,000 December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Approve award of the "Co- Operative Bid To Furnish, Deliver And Discharge Quicklime ", Bid No.: 009 - 2821- 13 /JMA, to Lhoist North America of Alabama, LLC as the lowest, most responsive bidder meeting all specifications. Estimated annual expenditure is $295,427.00. This product will be ordered on an "As Needed" basis. CONTRACT PERIOD: December 16, 2012 through December 15, 2014 EXPLANATION OF REQUEST: The City of Boynton Beach is lead agency on this co- operative bid that includes the Cities of Delray Beach and Lake Worth. Bid proposals were solicited based on chemical specifications for quicklime and quantities for the three participating Cities. On November 5, 2012, Procurement Services received and opened two (2) bid proposals for the supply of quicklime. TOTAL PRICE PER TON City of Boynton Beach City of Delray Beach City of Lake Worth Quantity in Tons 1,100 91 350 Carmeuse Lime and Stone $296.53 $296.53 $296.53 Lhoist North America of Alabama $268.57 $267.88 $268.57 318 of 703 Based on the bid submittals, Utilities Department Staff recommend that the bid be awarded to Lhoist North America of Alabama, LLC. The contract term is for a period of two years with the option to renew for three (3) additional one -year terms. 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 bid award 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. FISCAL IMPACT: Funds are available in account 401 - 2811- 536- 52 -35. Recent fiscal expenditures for this chemical are: • FY 08/09 - $237,022 • FY 09/10 - $272,438 • FY 10/11 - $220,647 • FY 11/12 - $226,696 ALTERNATIVES: The City of Boynton Beach could explore the use of other coagulants or anti - scalants. However, this may lead to higher water treatment costs or possible water quality infractions. 319 of 703 LU � v J � D m LU 0 « 3 D 0 C3 z « ■ > w 0 x # z ■ D 0 0 m � � { ■ § & ■ �&t 320 of 703 � \ & ° ■ L e = m o § § ƒ ( ? $� ■ <m ° ) @ $ �$ k = 0 (0 \ ) ) § y ƒ § �■ . _ < �� \ ■ / z ■ » co z \ \ § J r A k § i § LL § ( / } § z ( u ° g Q u )c 22 a (� §( ( «/ (( �! �s *s b� 2G )] < §§ 320 of 703 W 2 J Y U c� Y J m W a' Q 2 V _N D 0 Z Q G' W J W O N Z Ir m LL 0 0 m v- E o a e $ 8 � R '6 E y E 5 � < " a a� Q M t N 0 Z Ilm 321 of 703 fi ll E i 321 of 703 Lhoist Group Pkmmber 1, 2012 MEMM"d loan r I: wdpf4r w! Qw 40 Ina r i fo- MW fMPM � MO MRAW wWsal. IL III LIM 4< f4r1 LNO" M� W4 , ^.sra f d M M&& W wr*mw, MM KW%E 'IiM n be r» aal Brad err& �hd to aaf. OW mobdopWo "W 0616 *a to waAM w& ysu M be faint A� UMM . L JIgsures w Chen eat{ "4f41di LakefeNar�laa AS�s 4720 33813 Phan roll 322 of 703 Vb lhoist.com> ' - — 4 w =Tlr 1WowardMbbf us> i�. MW � rre /iiwist� ly ■ WI MUM NO � 1 0 r ■ IL tai toMizabeth.Hit @lhoist.cott` PM Amwim 323 of 703 1 1 'b'@W %W2 b' - Ievard F. r n - 324 of 703 li t A 7TT"' tint - Y 1Tae\l. ; �l .n '/- S r!` V 'V,• ` {r k �* 43 ,'� ,h � t rte- _i V. *t�J► � t.� Y' -. -. .:y � pj rL Q rf c., ti .. ■ 10mber. M D and On t be Broad=&= lMk2012 w Name Alabama, L " -- A *wAki WV Vii. -_ _ 'Code: 8 63 MX Number: ■14 - 1`136 116 Add-.�egs; 4720 Boulevard, Suite 203 ate /Zip: Lakelawil, illee•A�r J M 1 VVW (Date: 10/31 11 iw6w A. K GE ABLE 21 326 of 703 91/]1v11 _ M �M m ■ �ghly me Mat" t 4ww 9OFFi � haw w gate JL M= =; tM6 OU Mrcharges THIS PAGE GE TO BE CON MFJJ A BLE m 327 of 703 N@* 11 10,4 11 011 , County of Polk J0a 211 W Od di wmm, dwseee qv that: t a* Subscriw III VrES S Flo Florida Sales Manage■ This My commission expires. GE III ABLE 328 of 703 IFER JjjjjjjjjLWIM'le,m,7. ON OF FLORIDA cOU ) 1M 3 2 jb 12 IIIIIII� __ � PW Information; jalm T. r%MMAAL Flox-W6 i1 TITLE Lhoist North America of ALA LLC !MW NY 0MISKAGE IFABLE 329 of 703 I m J moma". meam a sFA ad ice.. ! ll�� l� r m . ■��Nr ®■IIII�F Now Yes i please indicate by an "X" in the AM cr c � la�iwe c) Pq DUCE (speaty) _ m,ority Owned 9usiness7 YES NO X r 1!f i iiiiiiib sambeso was =mq Issuing M1M POSAL A 330 of 703 I tft --1 _ _ I 4 M w M � m w f Al I Arl ■ , 16 WOM 0 M � a ME" ibugn All 331 of 703 V� � 0=01 of a& � Z he _ NNW 7 I& of tl� � ti ny p 'r I ■hiU1111111111 &i of Alabama, LLC .. ! . v ' PF I M Title: 1 JbIM Eger Date: 10/31/12 THIS PAG Ta 332 of 703 L 6 418 W11 d A W-MM a m r Vendor Nhm .'.\Ipndor Ahbom 14 SLAO %mombOent Sales &*m a r - 6814 4 0 ■ ■ r ■ r ■ 0 0 it I Yh L ■ ■ ■ ■ r ■ r ■ 0 0 it I 333 of 703 lrmwqLa PIMFM.% Yh 333 of 703 lrmwqLa PIMFM.% r ; N An Lhoist Group VVember 1, 2012 i kwh I ent Services k~ bwh Owl rd , Y Y�iiYY.Y e. Y i i Y Y Y ■ Y `I I I fil'I' 8ftsures Che� 1f LakdMV 4W QMM 4724 QWMJW MMWW 33813 Phomr. M FwM Fw- M Toll ,4r V7?0 FW W 334 of 703 � o ire Md M i�rs now I Cep s � �� _ rl�■ i*' � L *mss tioa to Proposal Page for the bid ■ d Discharge Quicklime / Ihoist Chemical Lime) t�■ x T �dr F i a i) HaTft America of Alabama, LLC a nd Heights P&&, Ste 203 335 of 703 wk, f 4 CARMEUSE NATURAL CHEMICAL Mailing Address Please note that facture Bid Packages /Requests /Contracts s hmIgA `i6a� to W Worate officdrat: K 11 Stanwix Street — 21" Flcor Pittsburgh, PA 15222 Attn: josie Zihmer Bid Results / Contracts Pleastimail, jqEE�i tabs /results to the following. Fax to 412- 995 -5515 attention josie 7ihmer ■ JbEjWe address. Email results to iosie.zihmerncarmeusena.com ■ Should you have any questions, please call me directly at 866 - 780 -0974. 0 , Sincerely, ,josie Zifimer ihmer Sales Representative 336 of 703 �� IL ■F 1�: fBiiF� CAS )A )11+1 A RWM% JW- MON906 ate, r mmrs 40 s +IANOM eexe M IM In 1� ri ■r mmume OwleiiL Chi &M, gm w ! m if 4D V TDW MWft gst a MVWM JF dr Dowd s ei< Ce w s )1wl IRORWWA ah Cgpww1on desires to restate its entire list of officers in order to reflect change! 1■ 0 MMMM� a hM Corporation; am= Ef■i wort 4irm= i�Y� >■� 1■k � +► hd i i�. Grp rr�ul � mnomwmwG r Al Am Gii ■ il.r:. w 1 pffulm T" noon, Nmbbdm Safety; 0 m 0 d Olwomm"Mvp 0 L r 'W lT FJTW V MNW TmT !fie e4rft & WOO oWlace and A@Pkw i ammm df 1 mi offim lb hmW lDmuience ir ioba�s�e iMe� �� rr 1#,kum b" VIO bw *1 Abl" so o 1% and they I mI4 wiv, 6 lb w aw l OWN l s sue s/ A s m atcute and EI carry out M%Mvp IM M7 T� IE05LTM Tlla> I a efal b unaama i1,illm L7w1dw11 drove Board oil ddbMW a No boo" mf% Cmmgiw 4 *m&m io vw jw 337 of 703 a io N dki 7A ConseDi of ft %mi Rd ark LmewAdl Ift IAWbIuM Written yu . El fm 91 338 of 703 ■ 2712 Florida Annual Resale Certificate for Sales Tax R n -1 THIS CERTIFICATE EXPIRES ON DECEMBER 31, 20'12 Business Name and Location Address Registration Effective Date Certfffcate Number CARMEUSE LIME & STONE INC 09/19/94 80. 8012044730 - 1 i STANWIX ST FL 21 PITTSBdRGH PA 15222 -1327 t an tangible personal property purc IN .4t ��4h d 4W to above Registration MMWPMMWD above business are being purchavi qrr personal prop s_ __ _ __._� Pere P Perh'• R�- 1 ■ petaorral property. • I e personal property • %W m Mkreal- by mantdactudng, ° R �fsreedrwfbe reassigned ortransferred. Thft �Ik■ ¢ ptoyees. IS{■ AMai Resale Ceriilfcate will subject the es. fiblommilliffidolm Omfinarneofsennr■phatacepY (dale) 'M7 a DR- -18 R. 10111 Business NMB and Location Address Registration Effective Data Certificate Number CARMEUSE LIME & STONE INC {18/27/94 16 - 8012044733 - 890 SW 21ST TER FORT LAUDERDALE FL 33312 -2236 This Is to certify that all tangible personal property purchased or rented, real property rented, or services purchased os or after the above Registration Effective Date by the above business are being purchased or rented for one of the following purposes: + Resale as tftble personal property. • Re -reniol as real property. • > ycorppratlon as �matertel, ir�red ■nl, or • Re -rental as tangible personal property. • incorporation into and sale aspen orthe mpalref mponerdjmrt of tangr'hte personal property • Resale of services. tangible personal property by arepatrdealer. th Iabeingpnxtucedtorsaleb�men .Wtudng, Re- mntafastraiientrenlalproperty. undina. or processlm. /` l Misuse of ih6 annual Resale Cediflate Will subject the user to penalties as provided by Presented ta: Presented by. trnavtnameo ,eron oCOpy ate 2012 Florida R.10/i1 Annual Resale Gertlficate for Sates Tax DR -13 M THIS ,,, CERTIFICATE EXPIRES ON DECEMBER 31, 2012 r , F , nYalVm 9 Business Name and Location Address Realstratlon Effective Date Certificate Number CARMEUSE LI ME & STONE INC 08/27194 26 - 8012044734 - 116 DRUID ST JACKSONVILLE F1 01MIErNIa tangible personal property purchased or rented, real property rented, or e business are being purchased or rented fbwm of the following pur ft Y ■ rral property. Re- renfat as real properly. ■• Or 1-party. • Incorporation into and sale as part of therepalyd ■ langfhfe personal property try a repairdeafec • Re -rental as transient rental property. F 1 1 reassigned or transferred. This certlficaie can only be used jby.-p tificate will subject the user to penalties as provided presente Anse named set on prroloc WW 339 of 703 1 E .4L� CA MUSE , W76MAL CHEMICALS Product "Lk wpm Packaging: Tmililiod Properties Chemical CA&& G� w Arwilwo Um Ann rol>� 1]i �� • Typical Pililarlaw ASTM Reactivity - Temp. Rise in 30 seconds ( °C) - Temp. Rise T ttai ( °C) Residue ( +30 Mesh): Loose Bulk Density ( #tft Average ( %) 0.79 0.051 93.0 95.2 1.82 0.70'7 0.291 0.167 Average ( %) 40.0 56.4 1.6 60 r FM * Not routinely analyzed at tl WNcslb ti The inforn7IIIIIIIIIIIIIIIIIIIIIIIIi � i M p r WMEMNIM W1 to the best of our knowledge, true and accrwate, &A a% J&JW wel6we p6w arm skIIIIII1111FAU iWNINWal variations based on variations in the raw*materio OqMft Wi* wrope&mw Ee& mw 16 advised to evaluate the product (specific compositi4P■, ■ N �+� almmmilFistics) independently for suitability in the interfied tk LV -129 sIRllllelk printed an 10/3112012, 10:08:17 AM Carmeuse Lime & Stone Longview Operation 599 Highway 31 South Saginaw, Alabama 35137 Rev 2 Issue Date: 811109 340 of 703 S f SE "WAliLLIC"WICALS For questions concerning water treatment products, please contact: Josie Zihmer Inside Sales RepresentatiM (866) 780 -0974 The complete listing of certified Carmeuse LPN OM (M M In VPM at the water cerification index on the NSF Iniie: htta: /hA nsf.oro/ Certified /PwsChemicals /' Certifications - Drinking Water Treatment Additives Issm: 906m," F Certified to NSFIANS160 341 of 703 NSF International has classified the following Carmeuse Lime manufacturing locations and their products for use as drinking water additives. El 'A r . � � ! Ef IZ i � U o .c ' K se � � � CJ 73 z olIi ol K -A is 342 of 703 Y J — AA CARMEUSE NATURAL CHEMICALS It Sa OPP City of Boynton Beach Date: 10/31/2012 Re: Affidavit of Complianoe ( +6f *vqM /AWWA B202 -02 Carme= Lojp�JEWF~quicklime products conform to ANSI 1AWWA B202-02. The followilg � lyft standard are provided on all water grade quicklime shippgj1Lqj custom #qqMM Wm*WqEjWr5 famples are taken after the kilns (Section 5.1.2) and analyzed. fly g Wtificate of analysis. • TeeFl4eeWww Pw*wwm* IIledfll pWo 8efsis OxWo- pocedure adapted from ASTM C -25 Yee Peeieti� %Wl OaLwaiamm flik" OAST) 111i j We IWAer (30 Mesh residue) R Vie. AeelsWr8sWWWP8"WW Cab% TA� PWW+i'K 11 IQ TWW AjP@m@4MMTft v W minutes go a " h9piEWPMoor> 5% Robert W. Rinker Quality Director Canneuse NA :4 KW. 31 fi l• il m 343 of 703 iii! Date of Oriain: 0610512002 COME t Date of Revision: 09/14/2012 *0JURAL IS PlllJ& PAM 52 " Pp� 411 -M -5500 Revision No 1♦ Cw. 41@996 -N94 e Mxierial Safety Data Sheet Produdt Nam 1OUIC PWWR PtA* = -NWt lb amQ if an emergency call this number 24 HOURS a day 7 DAYS a week.] AL20m" O"E wix Street, 21f-O'Floor gh, PA 15222 On 11, Ontario j35C 3K5 OuNkm >89 1quar?z Calcium oxide Quicklime, Lime, Steel Gradal.mg* lbaLQNa&AWW Rescreened, Steel Grade - Small, Steel Gradod wl ImesernwA 41610 Grade - Small, Water Grade -Small Rescreened. Mimi A6biw. i 6q IC)C Grade -Large Rescreened, PCC Grade -Smalj *11eroerlet 14! Owl &**%Pulverized Lime, Pulverized Lime with rVJJLFAMEM0 LVp CaO 1305 -78 -8 56.08 Water treatment, steel flux, caustic agent, pH adjustment, wAW absorption, construction Telephone: 412- 995 -5500 Fax: 412- 995 -5594 sm: JK OSHA PEL: 5 g(m' 1305 - 78 - 8 ACGIH TLV: 2 mg/m O. Reg. 833 TWAEV: 2 mg/m' OSHA PEL: 15 mg/m' 1309 - - ACGIH TLV: 10 mgW O. Reg. 833 TWAEV: 10 mg/m' OSHA PEL: 30 mg/m'/ (% silica+ 2) (total) 14808 - - 10 mg/O / (% silica+ 2) (respirable) ACGIH TLV: 0.025 mg/m (respimlje) O. Reg. 845 TWAEV: 0.1 mg/m Page 1 of 6 a 344 of 703 It Product NamC QUIC (continued) rr Z Overview: High Calcium lime is odorless, white or grayish -white in color, and ranges in size including lumps, pebbles, granules or powder. Contact can cause irritation to eyes, skin, respiratory system, and gastrointestinal tract. Contact may aggravate disorders of eyes, skin, gastrointestinal tract, and respiratory system. Eyes: Can cause severe irritation or burning of eyes, including permanent damage. Skin: Can cause severe irritation or burning of skin, especially in the presence of moistuf. Ingestion: Can cause severe irritation or burning of gastrointestinal tract if swallowed. Inhalation: Can cause severe irritation or the respiratory system. Long -term exposure may cauppren emeM damage. This product is not listed by MSHA, OSHA, or IARC as a carcinogen, be! IWPP yedaul may contain trace amounts of crystalline quartz silica, which has been classified bj kW W (Group I) carcinogenic to humans when inhaled. Inhalation of silica can also caust L lung disorder, silicosis. Irritant: Eyes, mucous membranes, moist skin, respiratory tract. Flammability: ' X� � ilMiable or combustible Explosive: In&#& � 0 Asive Reactivity: go jbjjEjrq water or strong acids producbE W 0jbENjF4nAgjpPexplosion in Health Effects: Inhalation: Acute irritation, sore throat, cough, sneezing. Chronic persistent coughing and breathing problems. Long -term exposure to silica can cause a chronic lung disorder, silicosis. Eyes: Acute severe irritation or burning. Chronic None known Skin: Acute severe irritation or burning, especially in presence of moisture. Chronic None known Ingestion: Acute sore throat, stomach aches, cramps, diarrhea, vomiting. Chronic None known Treatments: Inhalation: Move victim to fresh air. Seek medical attention if necessary. If breathing has stopped, give artificial respiration. Eyes: Immediately flush eyes with large amounts of water for at least 15 minutes. Pull back the eyelid to make sure all the lime dust has been washed out. Seek medical attention immediately. Do not rub eyes. �' Skin: Flush exposed area with large amounts of water. Seek medical attention immediately. Ingestiop: Give large quantities of water or fruit juice. Do not induce vomiting. Seek medical attention immediately. Never give anything by mouth if victim is rapidly losing consciousness or is unconscious or convulsitlL — Enka" Z V 345 of 703 Product Nam■ Q 346 of 703 Flash point: Non - flammable AutoigOtion temperature: Non - flammable Inflammability limits: Alone Explosion rist None by itself, but heat prods M i and strong acids can generate steam a ers. Hazardlus combustion products: None Extinguishing media: Use dry chemical fire extinMUM. in M M � f halogenated compounds, except that large amh&0&0 r ■W ■ ised to deluge small quantities of lime. Use wrloopob6 aMleguillillog inedia for surrounding fire conditions. Fire fighting instructions: Keep personnel away from and upwind of fire. Wear full fire- fighting turn-out gear (full Bunker gear), and respiratory protection (self - I contained breathing apparatus). Individual and collective precautions: Avoid creating conditions which release dust —use mechanical ventilation to remove dust from work spaces Avoid inhalata�o Moor W95 p&AmA& respirator if airborne levels exceed PEL. d Cleaning methods for spills: Reiwid w oVe jment (see Section 8). Dry methods (ioaqMIM6 9mloft mW be used to collect spilled materials, but void 40. rV 1♦ lolls, evacuate area downwind of clean-up apMMIribc to dllllllllllih dust exposure. For small spills, store spilled 16AA& & ✓Vgr, wJ644MWIL or metal containers. Dust residue on 000ll� nq V urailled ui water or dihrte vinegar. Precautions f hft net besele ood iete wFAce waters without controls (increases pH). the environme» PmW g�4p �piK• waterways. Waste Disposal: i IlfbIAM ad■i ■ SIM provinciallstate and local environmental Handling: In open air or in ventilated places, avoid skin and eye cotdbol, allill! id a111111111M dust W Storage) Store in dry places shelter M &mn000ih wAmrw'riir substances Keep out of reach of children 346 of 703 V Al Produci Nam■ [ QUIrKUME (continued) Exposure Limits: CalciurwOxidi_ dMIMi WL: 15 mg/m' (total); 5 mg/m' (respirable) F� Odor & Appearance: *eW TL.V: 1 mg/m pH: C*. hg6 833 TWAEV: 10 mg/m Magnes.aum Oxide OSHA PEL: 15 mg/m Boiling point: ACGIH TLV: 10 mg/m Vapor pressur■ Ont. Reg. 833 TWAEV: 10 mg/m Silica OSHA PEL: 30 mg/m' / (% SiO + 2) (total) Specific Gravilb 10 mg/m' / (% SiO2 + 2) (respirable) Solubility: ACGIH TLV: 0.025 mg/m (respirable) Ont. Reg. 845 TWAEV: 0.1 mg/m Engineering Controls: Use ventilation and dust collection to control exposure to below applicable limits. Respiratory Prey: *PW) OSH N -95 particulate respirator if airborne dust levels exceed PEL. Eye Protection: No IMetion (chemical goggles, safety glasses and/or face shiEW 1 40 ru Jwre there is a risk of lime exposure. Contact lenses shoull M In r� whwr w eking with lime products Hand ProtectiM Use clean dry gloves Skin Protection: When there is a risk of skin contact, w contact. Physical State: Solid Odor & Appearance: Odorless, white powder pH: 12.45 in saturated water solution at 25'13 Melting point: 4658 T (M 9" Boiling point: 5162 T (M L'f Vapor pressur■ Non volaM@ Vapor density: Non volatb Specific Gravilb 3.2-3.4 Solubility: - Negligible. But reacts with water to produce Ca(OH) and heat. Soluble in acids, glycerin and sugar solutions 347 of 703 F ProductNam4 QUICI�I, (co ntinued) ��; Reacts with water to form Ca(OH) and heat. ■arr�r temperature: None Reactivity: Reacts with acids to form calcium salts while generating heat. Reacts with carbon dioxide in air to form calcium carbonate. Cam1 f avoid: Vicinity of incompatible materials Incompatible materials: Water; Acids; reactive fluoridated, brominated or phosphorous compounds; aluminum (may form hydrogen gas), reactive powdered metals; organic acid anhydrides; nitro - organic compounds; interhalogenated compounds Hazardous decomposition products: None Toxicity: This product is not listed by MSHA, OSHA, or IARC as a carcinogen, but this product may contain trace amounts of crystalline silica, which has been classified by IARC as (Group I) carcinogenic to humans when inhaled in the form of quartz or cristobalite. No reported Carcinogenicity, Reproductive Effects, Teratogenicity or Mutagenicity. No LD5o or LCso have been identified for this product. Exposure Limits: Refer to Section 8 Irritancy: Can cause severe irritation of eyes, skin, respiratory tract and gastrointestinal tract. Chronic aposure: Inhalation of silica can cause a chronic lung disorder, silicosis. I Alkaline substaw llwt Iwaraaaac w a maximum of 12.4 in a saturated water solution �25C Calcium oxide �k CIN! la air to form calcium carbonate (CaCO3) Calcium carbonaMia Wil0iftow1bal Uncontrolled spilor since the increase pH could be detrimental to fish Harmful to aquaic Ah in Dispose according to federal, provincial/state and local environmental regulations If this product, as supplied, and unmixed, becomes a waste, it will not meet the criteria of a hazardous waste as defined under the Resource Conservation and Recovery Act. %W5& 348 of 703 ProducizNamn QUIC (continued) OT " Regulated for air transport only Proper Shipping Name: Calcium oxide UN Number: UN1910 Class: 8 Packing Group: III "E" Corrosive Material; "D2A" Materials causing other toxic effects mvsu� Health — 3 Fire — 0 Reactivity — 1 Specific Hazard - ALK Risk of serious damage to the eyes. Keep out of reach of children Avoid contact with water. Avoid contact with skin and eyes. In cal6of contact with eyes, rinse immediately with water for at least 15 minutes This product has been classified in accordance with the hazard criteria of the Controlled Products Regulation (CPR) of Canada and this MSDS contains all information required by the CPR Refer to Ontario Regulation 845: Designated Substance — Silica. RCRA Hazardous Waste Number: not limed RN M =.IN RCRA Hazardous Waste Classification (10 %M Ma: rN � CERCLA Hazardous Substance (40 CIS ISM 0� ~ JV RCRA, Sec. 3001; CWA, Sec. 311 (b)(4); CWA, Sec. 99PUL Ott gee. 112 CERCLA Reportable Quantity (RQ), not hated. SARA 3111312 Codes: not listed. SARA Toxic Chemical (40 CFR 372.65): net iiswi SARA EHS (Extremely Hazardous SubAmmk} (, 01% 355): Not listeA Planning Quantity (TPQ): not listed. All chemical ingredients are listed on the U.S. TSCA Inventory List. Air contaminant (29 CFR 1910.1000, Table Z -1, Z -1 -A) Specifically Regulated Substance (29CFR 1910): not listed. law Not listed. removed from objects (such as vehicles) using rags dampened with dilute vinegar. After apply (especially, chrome surfaces) mast be washed with water. r of this MSDS can be found at www.carmeasena.com "i t ained herein is believed to be accurate and reliable as of the date hereof. However, Carmeuse makes no representation, tee as to results or as to the information's accuracy, reliability or completeness. Carmeuse has no liability for any loss or �sult from use of the information. Each user is responsible to review this information, satisfy itself as to the information's lateness, and c the information to its employees, customers and other appropriate third parties. 349 of 703 Policy Name: ,r /vd"— Aesvp i Drug- and Alcohol -Free Work~ SEW -bow Wf ` @"A• Effective Date: Ile�ieed August 31, 2004 Policy Our ilhOMME6MIlhili, i RM hhhhhhih 1 . TMI is :W Y alie exenil o mom wwqmrr of ileme*ier w ado, to iL� aar iarwr cub tq ti ho rejer+e aw in oft o wawuoill* Carnwass i ... . - r/ r wwA aar■smand OEM f ■ MM, efficionooy haaD4 aW per If aM an� lI40&WNW alcold mm m adwa* MEWM 90 ICY f a 11111MIM Will a a I"M 4WW"s. It can ALAI 4A111V 44M r 1r 11111IM1111111M ia� onno ao"and health nMmft 'E qW I!4 4ML WV NM II � � it sw*erk iaaw r and ity. In keWM with ib eblilhom s ows qMp[!e" N&W hwoonil Is m9d1limft mamrillismilt 6 provide a "wk allwaawallt jWk io %NW d6p and d@&W &wj* IIIIV numw iEft Whhhh�e follow", d diarahra • 61kk pWaaj �, distribution, transfer, sale, dispensation, or manufacturing of i�r iA I WS dbll*ution, dispensation, possession, or sale of alcohol while on duty, while on FMMA awwai or managed by the company, while on -call, while operating any wMielo atrMl iyerous equipment; • Sopoig t&mmk 6JM W odor of alcoholic beverages on your person; • MOM -ilp hillihillihilig r testing when requested. Refusing to submit to an inspection of personal property on Carmeuse grounds or of onW person when requested; wr Failing to adhere to the requirements of any company- mandated drug or alcohol treatment or counseling program in which the employee is enrolled; ■ Conviction under any criminal drug statute; Failure to notify Carmeuse of any conviction under any cr (including pleas of nolo contendere, i.e., no contest) occu (5) days of the conviction; . Reporting for work or workMI mWop onp Monona@ aF awy illegal drug; Reporting for work or work weir *A Wffi o ON @W that may in any way affect Y & pGifiillllllladb, the safety of the employee or AM it Mrs i 350 of 703 Detf'Ullew A dry�// W■ M it ■■ pslissm silo isiyy � � 46 �d W � Wliform Con= iiz� U& saripr0000, sir me -,Am lid II& W kWWW statEM it Maiaaa " ii >� ■ �� listed M IN ■ M Wes: I!. "Moomp"Wo+% 0 P M fie, 7 l eY�a P. 6 1. Illlli■wi.■M osdsli■K a..My P■k ■oPit WAOAaq als.) { MWEN aa1110 OM-PE600 lairi■4 Emp� Rlf i� r�� *W R use eMpkft Ileverageskiviolation of this policy. Requirements The Carmeuse Drug- and Alcohol -Free Awareness Program will mM se,r general, and its effects in the workplace, specifically, including: The dangers of drug and alcohol abuse in the workplace; The Carmeuse policy of maintaining a drug- and alcohol -free workplace; Any available drug counseling, rehabilitation, and Employee Assistance Program, and; Corrective action measures imposed upon any employee for drug and alcohol abuse violations. Drug APPLICANTS - Carmeuse reserves t' 'N ' M ggived aka M m6mys sAdmiss sires Ming. Testing will be conducted by medical p■rr■rd 1h dsmMs1lM sirrr Md Wl Ilk a amble laboratory for results. Refusal to sulisE b isMa9 w1m MO1 rmwM o■ W � t employment. Candidates have their employment offer withdrawn. EMPLOYEES - Carmeuse reserves the ftk ie M "Immaa aiems Mali` and/or an evaluation for chemical dqp wnlwrai WIN= iiasrrnsae lea■■ ■aaaa■ie NNOA s it ■e employee is in violation of this policy ar Whom ■ 4loo ■ ie sasiM in an injury or property damage. Employes.- wisq " tie MeF E M working status for 30 days or more. MJXJf. r& W ! M M JJMMP!aaaaI 9rt Form before being tested. Refusal to sign "rQ�Ml I= MW MW h W"O MANAGERS /SUPERVISORS - In the evm* Ombm* assisleM wows that results in an injury or property damage, Managers /Supervisors must ■rirnit to drug or alcohol testing. In any other instance, the Human Resources ltspsiaost rmd he rrn%sllllsd in order to request that an employee to submit to drug or alcohol mil• Searches Searches may be conducted only by management or supervisory approved in advance by the authorized Site or Area Operations Ma Ms /her designee. A search may be performed when there Is reason to be ■ wMation of this policy. Employees may be required to per Carmeuse vehicles, purses or briefcases, 351 of 703 under idr aa. may retain any substances they b W�M". delivor EMM ■ 1111pimapdW6 bw offiorcement authorities. If a se drug ■ result in termination terrri � 4 Rest ALL MR4WFM ■e MUM 1 � Vy"W WWjW M JW the Drug- and Alcohol -Free WorVft PlIWAl0pWWVMR fW 0 a §69V pWOM Veen reviewed and explained to and *xle *q he*e na wi+ed a %W. A eW of Oftmikim will ie kept in the employee's personno MAN - ■ Inubrf wowalaressl are raapasible for the following: 1. Notifying Human Resourcel management when violationJ if 0 Policy occur. 2. Consulting with Human Resources to determine an approlMeie eewmanof eKow 0 3. Taking corrective action ma nisse y rnriM M h irmination, with employees who Violate the Drug- and Alcorl.Graa M � A&W 4. Proposing appropriate corral l � A* dQj9%i= f who has failed to adhere to any IN U � 5. Making a "good faith" effort V* aeo+ee to naii*itsim a Dmg- and Alcohol -Free Workplacq. NOT61t is within employees' health iaMrrririr aspeat is fair menagwsupervisor that they ar' taking a prescription drug which may welrrF;4 dim fal Wrar or physical or mental ability. HUMAN RESOURCES DEPARTMENT � f eft if iVpwing: 1. Providing new employees vwh a � @kft left. �. Securing a signed copy of &mm. 1. Consulting with leadership is deism6a aw aprwrisiair +curse of action. 4. Notifying employees that it it a aralliaa a1 ew#IwAiaW to abide by this policy. 5. Notifying employee's immeM srlaialmr or ofor aWpriate leader of any test resultUh order to determine employe lam. Corrective Action Im 4 of this policy will not be cry. APW MllM *F V1llrlf. f�f V net 1"Pted to, Fskmi to submit to testing or to penwlt a pwmh when *eWeeieiL er wr" IN WW &W Drag and Ohiishol Screening Consent Form prior to WOWS or i" gmAiwr me" alssom l wmk In Irmo ination rl esoployment. W: 352 of 703 �� r TT =■ x _ r tit1 I J C I •� ''Ill er I �`• -� � -'h .� 5 S i �CL I * I 1 ,. � r� J The [J(yr �� Beach (irrrmomYServices ftMp march Boulevard L@ 0 2031a /epilwNwdry f dda 33415 -0310 • �yp�� OM) 742 -6323 " X2 -6316 REQUEST FOR BID TO "FURNISH, DELIVER, AND DISCHARGE BULK QUICKLIME" BID No.: 009 - 2821- 131JMA Sealed bids mM W In PROCUREMENT SERVICES, City of Boynton Beac do L ..+ Boynton ■ee& 1 '�wM , or &MI to P.O. Box 310, Boynton Beach, Florida 33425 -0AM r W by: No)& � As LsLw Than 2:30 P.M. (Local Time). Bids will be opened in: PROCLNbNMW IdRID001II&CITY HALL 2ND R� Wp iffionjo designated. Weived after the assigned ile *Ad lllll� wN AN be considered. The Procurement !!lam time stamp shall be conc4ph a ee jo &e ■we0w" of filing. The City of Boynton Beach ■ %M lsponsible for the U.S. Meg W pride ewriere rAb regard to mail being delivered by a eeMed time so that a bid can bE so9okhrmi. K*mwmmd' has been made, the City reserves to consider bids that ha! I jWWmM r W I! tie City to be received late due to 4erirling by the City after receit, ■ 11Wb M. bids or proposals received br We 11tim reapMw! i 3 t 10 0'O EMP* 60 " iEcords disclosure requiren Wip p 908411ie0 NOW �� W 11W 4W d4e ater the opening of the proXIIIIIIIIIIAL If iw 00 r0e(e e# N& Or PNOOOR �r•'IM1 veepame to an invitation to bid ■ +4W I• 11IFEIIIIIIIIIIIII& VFN 'N+e 0 % 00"MOGWI� 0 69 " 16 wets of its intent to reissue the obi! , W MMEW 11114" ff P �do mmM from public records discloswo WW � ! -dB GO WIVE � ea a !I'eeislen ■- l ded decision concerning &o eawfiw f UM 10 C# vPWRIO" IAA � competitive solicitation. A lW, prepeeel, or *oft +t +K J111111111110 M' 1111111111W OW WOW rW IWths after the initial City nqft qopv" e# bid, or MINI tea• 0 W or pneposal documents should by ■fit 04 m 1 4F Ow C 1mbf In iwepeded without charge, but a choW 1N r W099" IGIIINLKAL� (.1 U 9 N! EjWW "FpW@@N, a jS ON dWW m&&p&W6& a s elicitation, A N INNOW III # CT t;erwrA6dm w prel IIIIIIIIIIIIIIIlliunicating of IWIIIIIII&W M IF offlXIIIIIIIIII% POWN47 IM" WSWAN ee *1 ow M & proposals wo wi jrwe e& S& Ne� t =Wj� eswlre4 {T} wpi all bids or e* A dbwahe NNW 11 0 prWeeee. �F% Cede Section 354 of 703 � M 73 2 -234). IopmW nominsgOolm during this 'bone of silence" period can result in pdhd 7 a proposer ii A Ih Crity Code Section 2 -236. Any qunpfmw wonOm {s erg Ikem(s) or portion of this bid should be directed to Julianne AlibrancL fir; TqK*qr 091) 742 -6322, E -mail: alibrandij @bbfl.us SCOP TM of this bid is to secure ■ ! 19 ice. Oiver and dischaqWW ! y . le two year term at the bef 011111111111i PM Or it Cities of Boyntod MOW Mwk and Lake Worth. Contact City of Boynton Beach Procurement 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Julianne Alibrandi (561) 742 -6322 Oftt Hours: — rwwwww, i Y. 1beffikA r }F n; , a w F 2 r 355 of 703 REQUEST FOR BID TO FURNISH, DELIMrIM 01111101114A111 BULK QUICKLIME Section 1— rL11111111WfTA1r4@MVIATION JL 'Ire of SmoA WO wes m M wepowes until November 5, 2012 at 2:30 in wl Oowieee heeled on the second floor of City Hall, fir, RwMw bw*6 R. 33435. B. AW am#aa ee mod"I A&r Ma nlh �111 NM and date will not be considered. It sMerrl be 60 eels weleweAs, ef4w pwp000r Is have their bid response delivered to �r MpFW W e* halaw be above stated time and date. It is fir_ = Eft JM W pvoqrjht air courier service or some other rhe•all IIIIIIIIIIIIIIn IMF tloral= ft =X �, that arrive after the above stated dvaslaao am a r&Wt I ff aft JW M MW !! fall not be considered, shall not be mpvm r al ft pWPk 1, &W ■hall be made for their return at the prepeeW% wAW expewee. Tim, Mimi seeewoe the right to consider submittals that hM il� qjjtrm*W� 41 om Or to nee *e es' ind We due solely to mishandling by the go 1W 9=W If W r ■'r VW in pe "V#d being made. C. It a1* aALnaap m iIIlla,,r 10 = qft ft go 0 1 attempt to notify all pros=d" 1:1in w1w Ilorio aWwM off, Fl■bM&1,11 a, 0 the responsibility of each MW 1P owillo *A EEy Procurement Services al fW 2 * 4e0""r+e N - �M ow w livered and to make any adder*Affi i FW ;f #F* D. 1 0 R A Ila ff I IIIIIII II of the bid response shall bs ewo met an tie outside BID TO FURNISH, to: City of Boynton Beach, slew Beach Blvd., Boynton Beach, FL asnomM'I/ L■. MAAWM" nliiii MAV er of the Miller Fm, oe poWillerr, imam iar lllln�lllll r dd above l4ie oa 'tbe mower;. Me AW 1b■ WM ! "thority to F ioinra 4ine prepeeer is !we evIkAW ft Mir mwW mole ■ k Federal I. D. Rtp� W"NOWWON „ "S OW M MM llllIlllllllllllp �! IV r" ig %ject any or all bids, to weiww ever l�alllalllla; of n" �4d, to re- advertise for bids, Ip yq" lb whole or in � ii R MM hi, tip any other such actions thal M is d"W" 1 "% ■W noel ""Q& A%fi ft. :9 356 of 703 COOPERATIVE PURCHASING The Invitation for Bid representli 0 9MMMM&p lll�IIIIII�ent for the Palm Beach County Pdrehasing Cooperative. _ IM Cevernment Agencies parti ■ M procurement and their respective "NOWe" locations are listed in the . each County Governmental Purchasing Cooperative Procurement Operational MEMI Lres: 4 Mw w1hV gamwerrwrital entity will be responsible for awarding a contract, am" 0 eww @Pdrti omd In order placement. Each entity will require separate bMM, r rib %r pWwm* 4o Ike Contractor(s) awarded this contract, and issue its IYdh M mompOn wrOudam rMLjred by the Contractor. • a — ,el* er emAw terms of each entity will prevail for the individual participating on%. Itweisi% Wow 5wo, delivery locations and insurance requirements will be in puree vpp 4th reereeWe agency requirements. r in r�i hits to a single entity or location will, in fact, be under M Ile dl padMIRiil entities referenced in the documents and cover lettt sMe�sellr Nel!e�l wlReiw�e. - "a LMMMMMM lM r MENlE10 f1< Mjv%M *@ Wed "pmW of those vM1 Ma IpM ceders as z MMA III' MO AM6 Oft ft !*ft priod. • filer■ of #% rjom jeer■ WwwmwSrM des dwell be d6sawd or *w*1111116M tb Ilo I OMW IF on a MMO W wpm 4++eel+ M4 mow 9000NOWN erif MW be LSO 3 N It ft wimmumv * ASS CITYISTATE2IP. o 1t�ment Boynton Beach, FL MW 33435 A WWWM& Iffier t Rd. W ater Delray Beach, FL �M T ftnt 33444 IlL eet OW of Lako Haim W" Alter Lake Worth, FL ■�■�q �� i Werth y__� went 33460 r� !I et 357 of 703 JW SPECIAL CONDITIONS -L iQ The CitV & MEOW lllsnnll� % requesting bids from verge tp gmpti' qpiddw per the conditions mA ipedleelllll[ as ead airied in this document. 10 IgggggggI: ft■qWP be for an IrJtlal pswsd of bm 10 vAb the option to renew for three A ■7! IMA JWr periods providing 00 gil MII.IM qMpe 40 4he extension and renewal lonais. This is i Q01plIgggggi MVNMIW b Bid issued by the City A beIrRim 1111606h on belyl W participM4 referenced within this NO Om � 2. PRICING Altbid prices, prior to award, shall 16 01hodin W w r of 90 days after bid opening date. 3. POST SALE AUDIT ADJUSTMENT ■ All items sold to the participating � 11 of this bid are subject to Post Sale Audit Adjustment. In the event a has not honored quoted price lists and discounts, the vendor will be I e charges. 4. MARKET CONDITIONS The participating co-op entities rewrm tie P*A to mss on the open market should lower market prices prevail, at which tin+p 4% NEENEy iRO#w shall have the option of meeting the lower price or relieving the participlffio fgp grIIIIIIgg Id EV obligation previously understood. 5. AWARD Award will be made to the responsible, responsive bidder meeting specifications, and is in the best interest of the participating entities. 6. METHOD OF ORDERING [terns shall be ordered via individu M Mr S1111111iiS M an "as needed" basis for the term of the elMd a&& W ividual purchase order or blanket purcha 7. VENDOR SERVICE REPRESENTATIVE Tte bidder must submit with his bid proposal the name, address, and phone numb EA" person(s) to be contacted for the placement of an order and the coordination of service. A contact for both regular work hours and after hours, weekends, and holidays must be identified. 8. COMPETENCY OF BIDDERS Pre -award inspection of the bidder% yb! rtwo p for to award of contract. Bi considered only from firms which ka the business of providing t and /or services as described in " bid @W sexi provide evidence that t established a satisfactory record of gerf"pWriioe ter w o~nt delivery fleet to insure ■�F can satisfactorily execute the serums Om �W RP4 conditions herein stated. 1 358 of 703 %Ww� = M r � allWhk�trued to mean g fully equipped and wdlllld�i h W with the most business practices in the industry and W br Nis pr+spsrwr/mMes of participating co -op entity. ` rr" 1 • ` r■I h! / / i �lllla If lllllllllllla Whitt or service does not comply with a4 id ioh ar M % to p ipating co -op entities performance elsr Ab& 44 AWWO"�fl IN Ila iylllllllllt M in &FA! / Ill! Mij ■7 Volated by the successful bidder, the Q V Mw}AM 111116ai i W d1JEW A %vith the participating governmental "ire vriia ads" wpf awa lllilliiiiiiiiio i 0 ioWtion to terminate the contract. >f W SPECIFIED A p"ase order or blanket purchase order will be issue] 4v Vv rquelsoNi rsideler M antling that all Quicklime delivered must meet tt1 �■ ME9ft irkred not as specified will be returned at the bidder's exMM Al the option of the participating co -op entities, samples from wq db!bY wap U 116libmitted to a OWendent testing laboratory to determine conformity to i i iftolkw. Bidders 3sume full responsibility for payment of of !If} Phduct offered or delivered that does not conform to themOdimn rho cations. 12. TERMS AND CONDITIONS No additional terms and conditions included with the NO mMp� aW M emA11111111111111 a considered and any and all such additional terms and condom " how W fop and are inapplicable to this bid. If submitted either purer OWLIft �rr�r� qr inadvertently separately in transmittal letters, specifications, �� OM It is understood and agreed the general and special conditionE i M M = ft 4W conditions applicable to this bid and the bidder's authorimA ,err+■ acknowledgement form attests to this. 13. COMPLPANCE WITH OCCUPATIONAL SAFETY AND HEALTH In compliance with Chapter 442, Florida Statutes, any item ow II resulting from this bid must be accompanied by a'Material Safety DaRALE& 01111111111A. Tft WDS must include the following information: A. The chemical name and the common name of the toxic substance. B. The hazards or other risks in the use of the toxic substance, including: 1. - Me pWbr In 11* amolesion, corrosivity, and reactivity; 2. - MV Ivrew* wgAp a W sly lisks from exposure, inclrm l& miiiiiiiiiiiil =mom vft* as being aggravated by exp�'Eri tr aft EMEWS WO f 359 of 703 . ` TA* rbww Pwmbo pToft and symptoms of overexposure. C. The pOW r@MM04n1 filing practices, necessary personal protective equipment, and othel NNW p9EMMO■ kv the use of or exposure to the toxic substances, including app NvOlment in case of overexposurf D. The orasrlaa w prom! f spills, fire, disposal, and first aid. E. A dqpr*WR i94 ley tomm J tie known specific potential health risks posed by the toxic subEW= may* b lWO awy person reading this information. F. The $&&aW MOM Merle, that the information was compiled and the name, address, and a memj16 iySMP111111iiiIIIIIIII Sober of the manufacturer responsible for preparing thr inforwai". c x 14. REs+ The Bidaf� 5 or icals added to the drinking water conforms As%w MA"d rd 60 (or referenced alternative standards). 15. SECURITY The awl MIMMIIIII iAMpired to complete the "Vender0irm Mop" I'.aW attache � tification of all personnel �I�� jP b OW I City delivery�nt to the awarded vendor 40 ME! �R 0 Person ns shall be reported to the �I1t writing, '0 provided by the City within �U& M f ft personnr � of the names submitted on•Ahs odd 1�Yor �� Form. All persoww is ■e Security Guard or OperaW RrqWi gpon apival abbe detire IsssAim. 016oto identification, purpose if M WO iE M Staff contact fW 4M VIL*ed Aar o ". , MMMM MIMI X00 ■" goorized vendor employees amlsr ..:ddhad ER Wonnel mod■ 0e o■ ■ VjMMpW jehicles, work site, equipmoO, we* -- -1 A� Is w elesib a Ili apy otv� d if Mformation pertaining to the C r'. We" wAl "'M d'seYSS, or dhes a" Anion systems, equipment anO ■ why wn City ppeeirel. %W loaving premises, all person ck out with the Security GIM lF No♦r on duty. T% awarded Vendor shall be held MEMEN" `IMMIM"Iwith these procedures. 16. QUANTITY g A w. ■ r The qud NNW W! 00010 i ■w701 wM6Ap entities reserve ihL MR ■ i 411? decrease 00 ip`I W *N41111III&IIIIM JOet actual requirer uak. 360 of 703 17. INSURANCE REQUIRED See Attachment "A ". 18. INDEMNIFICATION /HOLD HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to inderwwy tits "60 and to the fullest extent permitted by law, protect, defend, lil»+I mft +"Iffilb" IA participating co -op entity, their agents, elected officials arrel wwrisrsw lbw ewrrt, ednsl el claims, actions, liabilities, losses (including economic losse46 e*o lq�7 W* el M% aetaal sr alleged bodily injury sickness, disease or death, or injury to.* Mhob " Elf Ter fir including the loss of use resulting therefrom, or any other A iii it W resulting or claimed to have resulted in whole or in part ti IIY* �M iff imom AN R omission of the Contractor, any subcontractor, anyone direft or bNAMINY 440116A111611111 My MW i them, of anyone for whose acts any of them may be liable i mss of it writ; or bp violation of law, statute, ordinance, governmental adminie*w6 w ewisr, w * m1plelsw, •r infringement of patent rights by Contractor in the performanov erf ft irk of 41 lid % eleirrie er actions made by the Contractor or any subcontractor or other X" polprft ft Vftk. The indemnification obligations hereunder shall not be limitGd 4 A* Mtsi II■ M amount, type of damages, compensation or benefits payable by or Ire E t Weabod or any subcontractor under workers compensation acts; disability b@mW *Am obrrrow~e benefit acts or any statutory bar. Any costs or expenses, including attorney's fees, incurred by any participating Co -op11111111111114` enforce this agreement shall be borne by Contractor. 19. EXTENSION The sucfIIIIIIIIIIIIIII1161 MI IM carded f contract for two (2) years with the option to renew the contract 011111&! I% Z � Me (1) year periods. Option for renewal will only be exercised upon mWW rrirr e>rrrirrt*Ad with all original terms, conditions and unit prices adhered to qr- with no el W@As ,My own" will be subject to appropriation of funds by each participating co -op entity. 20. PROTECTION OF PROPERTY The successful bidder shall at all times guard against dam4d Ir 11111111111161111111111110 pop" it participating co -op entity or of other vendors or contractors rev d" I& Rd■ W replacing or repairing any such loss or damage. Each partbinry e» ewrbr w" wtN%M payment or make such deductions as deemed necesnq to Mom PWkobwwwmrwl eer replacement for loss or damage to property through negliWrW /f #w aesesseW bidder er his /her agents. 21. TRA The suc ~l M der 9MeA rret assign 4rsws&r, sswwr, *WbW or ellillwwAbr Contract, t mf rV 4r nil gf 06 v 61r, W *r Iw#ereM MOP@ e- his wits �swsr such C in am flliiiiiiri, w mmwfWr wowd drip wphmt correspd1111110 9W. 361 of 703 22. PAYMENT PaymerU Oil In NEW I" er prrPrder ideh"d or monthly statement basis (for actual deliveries MIN". AN � � P mvm@ include certified weight certificates indicatinj {mod•, M 1111110 i 1� ■ (♦' - - -1g the purchase order number and must be dly@pA 1b fry op"4� d��l MO. 23. pgUA&2Qk NTITIES IT IS FUFMM �QW OW? All %W 4114E ANY ENTITY OR MUNICIPALITY BE OBia'ii]IIIIIIII V9 M-MF Apo QFKW b1WX 1W F9*9RACT AWARDEE SHOULD THAT A WARds Ai1111110t OW f MWM WS W FPVT VOVERNMENTAL UNIT. 24. PRICING Prices twrW F1.■. Mtination, according to the rW W EfiN§1ff4W1hhl%Lforth in the propenel aull WW NWIWb s1 fuel surcharges. A. P" iW ti based qm delivered cost per ton. The s artAIIIII 16M i11161111111� INW, 9EWFlllIffii WW *WW charges. Pricing shall be NWn fm "iWMW%ra&/ t QNNNNNNI M Wft wN Jine 1, 2013. Pricing chanWe wM 6e Wkwalle4millso per year I n.aEdWMkdL �llllN NINNINi 24. C. ''Escalation /De- escl&&W. s, IweempidMfillso 01 AmAiallons in fuel prices, the City will allow rail and trucking fuel 9Wpg0@W edm*+!"twmofthecontract. - T%q#fuel surcharge rate will be based on actual contracts, invoices, m0m, II f = Vendor's rail carrier. Vendor shall provide documentation ie#wAod Me M r MWII pricing as part of the request for an adjustment to the rail "Whop" — ire truck fuel surcharge rate vA La ill ad M n- 910limill —4J.6. Average, as published bW ft L,kS. 11111speAd6W if Energy, istration for the third MorrdW wl &ft oW lllllm�ber. The ■�/ ■,rte r applied to the base contract pry per Ares boast s". C. EeselsAse eeeerr[ I. TFF go rp W■* p4le adjustments on December r swell )war. - N o WWor Nll�r SWFW qEtEWRIlocumentation to be given ommWerlNee ho a prlae WMMMW M i iplllllll� M ■ qWe decrease when the Vender's assts on volueed. ' lllffidlillr•ri but is not limited to putWENO W.P. FMW} nape& an G&M hosts, Platt's Coal Index, U.N. lll� qP Ulmir ft%Mw weree� ew iedreer Price Index (PPI) for al Ill , U.S. FWy h�rFer�rrerlierr raAon WTI publications on spA MAaalll ^, M 911 rshed ■qd+IIII L4"ee6ewe4ndex, BLS Mining Machin" aN NaFAFMA �, and NNNN *F=M6F rnmgWy internal cost reports andbr sell+dt bwWW". 362 of 703 -Al 2. m a lTri Molo600glIggli r qMmnrW lansfer costs require written AwastaA 1o& rte! t contractors provided to the ■I �1 160 Tit i � Ti rcharges may be adjuste*7 >�� r%&M alb". Yi M. ago MOMMM" n I# oloolo, VW Pet errs a direct pass- through of costs, and M MMoW jb qft WSOM no MEM10 #0 bg permitted. All cost increasWmust M tea• WIM MM M effect. M M &IVERIES It is the Cooperative's intent to purchase bulk quicklime from p-mmme &M an F"%We prompt and convenient shipment and service. Consideration will In ~ *MpireA * IRV supplier's method of delivery and to his reliability. If delivery requiremaft a ~Inw m d i met, the Cooperative reserves the right to cancel any award and to groom an the open market. A. Deliveries are required within 48 hours of the receipt al r auhr b 'ony maticipatinQ entity Deliveries to each location must be made dorm wwkiM kews unless special arrangements have been made by a particular erg. B. Delivery is required via pneumatic truck in approximatMV t &y-M (0 W ftckloads. Product must be discharged by the vehicle operator into dWO%e ia! As& qty's utility location listed above. C. CertiiIII Mst be furnished with all invoices indicating gross, tart and net weigh, a 41urchase order number. D. The tgoopope6iiie *A Net py charges for time spent +iaig AD & iLAVerienced drivqm nfti fgApm @mck or compressor, etc.), brW6N or 0616/ aR Yr hoses, or valve. MM MNION■I 9M� for split loads (if tanker deear17 exjV *A oW delivers bala= it M In 01Or vO water plant) will be acceplf. . Ilog, gweaeM for vM be responsible for setting up B rte■ aprW EpWule with S �q personnel. Any changes yi 1 ✓oggg�oIg ■ti 0 approved s��iete u 10 363 of 703 S I i E M. GO APPROXIMATE QUANTITY DELIVERY LOCATION ONNIMynton Beach 1,100 TONS 1620 S. Seacrest Blvd. IIIIIH L7oolbright Road k1i Boynton Beach, FL 33435 1111111110M Beach, FL 33435 Special Requirements* No loads before 7:00 A il Monday thru Friday. S needed. City of Delray Beach 100 N.W. IItAvenue Defray Beach, FL 33444 City of Lake Worth 1900 2r.d Avenue N. Lake Worth, FL 33461 -4298 AGGRE� � Special Requirement 1541 TONS 1190 SL'M i0 h1 t DOW 9*geh, X 39444 IMwe - ihru Y. P.M. 301 S. College Street Lake Worth, FL 33460 - bm-#A=wkWthru lm. b film 27. NOS& (' iilliMb The Citj -Gif 11111OXIllillm 6=16 a r , 110 Iw a "Notice of Award LettEr If Vw awardeeA I"(•!, K iC Aid ! � M Greed that a Contract shM M MR deemed 16 Im swellillillml "d mom} aIIIIIII11�1 Nib LEWM the successful bidder aW f participaRV *0 wffm adhe Igo been given to the awarded vA*Aor Or the entilr SFr *@ m&m%w4 g,eM, ewi rwewess order shall be issued to the WWdw covering fie. 28. SPECIFICATIONS FOR BULK QUICKLIME A. SAMPLE ANALYSIS N ill be tested weekly for a period of time established by any jMW sistently meets bid specifications. Tests can be conducted by Igr ■ift ■ Ilure to consistently meet required bid specifications for a B. PRODUCT SPECIFICATIONS 11 364 of 703 91 TONS Special Requirements ■ 350 TONS r.. .] The pebble quicklime shall conform to ANSI /AWWA Standard B202 -07 (reh � 6 ,NISI /AWWA B202 -02), "Quicklime and Hydrated Lime ", and shall be substantially #00 too foreign and deleterious matter, core, iron, ash and dirt. The amount of insoluble matter is eid is exceed 5.0 percent IN THE EVENT ANY SHIPMENT Mr UBLE MATTER IN EXCESS OF 6.0 PERCENT THIS SHALL DIATE CANCELLATION. Y. Its predominate physical size sM fffw JW ilm i 18" with no more than 2" of each shipment passing through a Na. = Y.t i� &We at the producer's plant. There shall not be more than 0.5% refa%md" Aea mesh sieve and 99.5% passing, after staking and wet washing. There AM I& i off f 92% available CaO as determined by chemical analysis in accordawee W= i Mndard B202 -07, Section 5.3.2. Also, in accordance with this standard, Son "she be a odnimum 40 degree C rise in temperature within three minutes; the slakoMmaAm is to be emmeete within 10 minutes (Section 5.4.1). All req* iR FINIM Canitation Foundation (NSF) certification required by the Environf d'QMW, Florida Department of Environmental Protection, or Palm Beach ObwW Hll f US vM dnet. C. QUALr" BQiNWGL W§gMEMENTS A physic M WMNW J NW 40 ftft w& each delivery. The analysis WJKM certified "p�� NJ 16 ilgill" laboratory. A one - pound, sample, MW dW aMdWMPWhj f M There sW bs a M eRW%awgMeIW. IliriWfi fiat, each entity reserves tIn 40% reject, al ffffIV fyMoMf. ark oW4osio. W" IM% le -meet the specifications givi allililfl The surf *0 W ~ ftr qi= fifer netfee4i m of any such failure to arran ge fir & reputabr � �l�f r W%JW VM J4) "Aft retained samples from the in quesfW6 M M =0 ■711 f7■ >llift 10 r leund by such determinatim". V$M Iaboratcqflm @wmW" WV}!mi JLJW = JL XW lyJW entity if the results pass igM"V*n or by the e4poRer f fief M. If the mgMir I'fi bW urdeamled and placed in the entity's storage silos prior to obtah" test rester O■ &MOW9to Mpirnburse the entity at the rate of 2% of the delivered cod p" VW fdf each liMMErOM to til'ft tVe material fails to meet the 92% minimum available eebbm oxide. W. 12 365 of 703 GENE06 � FMIDDERS FAMILIAWr W WW C p� b have full knowledge of wd 4a I" compiiamV www al Fed", 1>Aet eW 6&W ANUe, &WlBw rules, and regulation 90 IR any ma"w MAt 4ft eubrwerO MW the eewleea let to the City. Ignorance on 101 OR ■ the biddy IM MOW F4" uch regulations. BID FO m6 MMMMMr 10 ibli A %M ■'i M7 W 1:r*rrs provided. All bid prices, amounts and desslWw iimWAk� dod 16 SJW nVIAAAA1. TO bidder must state the price and the time of der* 1w WWWb tlbeb popow Sb iAr SriIll dWipment or service requested. The bidder Ib to be tesposel 1640 buslik w as am M Midual, partnership or corporation in the StaSr tF Piqlilift. POM bF rid 6* dN*e in a *caned envelope that has the company's name aW 8M MMi RJIIIAAAA� ft, m ~, MmAlliseerl [leS! mmd time on the outside of the sealed envelop16 rEg� PIIS ONOMM M MNWIW� �osal forms may be rejected. All proposd§ wA ApMt B M �■ � MMArrr• roposals which do not comply with these coadM w e EXECU'MiL idF b0i 0rep— A reed es dAm 16 erVU &@A 0 i Authorized represer'ftilloe M*ti MMMMA I~ *r* 40 e0*4e awd Neteeel ieds. NO BID: M Mt Arlo at, r�tr!� frrA �M of'b7t1t uIENT OF NO BID - avA "F1aU provided. Repeated 40111 e b pdo d ..A� MI 0 AsA! 0 r al of the vendor's mom hom well W. pWM: To &A a M, Mbt� �r submit a Dr "NO BI vd i r'nyF b i e reAe ind rre laise two i it� s � 16b A■r. BID DE M b Al�'i �r r �4irM 4S�eb the bid ie deA+re�re� Aw Mope+ time and OW6 PW ■ SA = MEN&& - RE 'CO Of 0~ ftEh iM Mg *eWerteblc fer" d0 U.S. Md1 or pidie am fr All rS ■ M no M A�71 VM M 00 proposal serr to eerreS�ersel. t1/s Ipr ddcio ArA rr>� I! considered. IA Pre Mw@M hee beery meh, the reee+wa AIIe No ■ d M m m ! been dr*r 1F� bs reaelrer �e1r M �t Irjr MIS Atlb the bid. AlliffiliAll; 01 err qr IffillpfriM 4% "0 rosqVin6le. RIGHT ' 1rhA %% � "M � 0 q� Aryl Mr Q Mme, Jp �e technical errors, a eeeey a pNAA0 sf g* MME AO M MMMMMMr V b>R M7 m10 gsponsive, responsAois tWWwN Wt n VommWis *A m" Ad6MMMgbaW6 M f M7 Lk. W Otermining the "mos* W- *Alssl s mi rim MtiMt aM ■iMMMMred. Such factors iViAliftAlft 40 w wMt dWM" mqb6onmmW Am purchase price; lib EMENOM *; MMMi it X54 training requirenMMRb; MME 2" AOP OW O1 {'f41"1 cost of an item. C�� MR MMl d1611f, M it FS AMMMMMIIi *9M b *+dy to the specificartrrwel brit Sim* dOLW Oi 41 WWWAti IM ability to supply "a VN&& seftb@( teiwgr b r-qrr1M AAAAAA&IIIIIA6 glAA p= in other contracts war #e 0r w @&w eewrwMeAt OdOW4. 366 of 703 9 RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at ■ lower price than responsive, responsible bidder meeting all aspects of the specifications and cons is determined that total cost is lower and the overall function is improved or not imps 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 advantaged69 IL M 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. Quall1111111111111111111111M a Within the State of Florida and the City of Boynton Beach; E. SuppMW Ad l&1@MMV riiiiiiiniltion in connection with the inquiry concerning responsibility. INIa OR IVE LITERATURE: Bidders must furnish all information requestey On Om fey mwPM8d on the bid form. Further, as may be specified elsewhere, each bidder rM NEW W W erlgp ion cuts, sketches, and descriptive literature and technical specificd SOMM qM IM MM s offered. Reference to literature submitted with a previous bid or on, M lM ! ale M M satisfy this provision. INTEREIM AW qws� i!M Inns and specifications should be directed to iw wpft w@ Wier &Am Ira M 3t■ prior to the bid deadline. Inquiries must refgs0 dw dale let whisl4 *N bia iulaUe a dt CONFLICT Tim MW fie* i@mftpet to all conflict of interest provisions of the Cly is � IMh QMM, # ft $t*te of Florida. ADDITI "a M go % acquire additional quantities of the bid prod6ew or ewW� al No = M ■ M ifs. If additional quantities are not acceptaft we bid /heel@ iwael be m mi@d M ! lCIFIED QUANTITY ONLY ". ri 0 u 367 of 703 H[ FEES: Samples of items, when called for, must be furnished free of expense, and if not WM asted or destroyed, upon request be returned at the bidder's expense. Request for 5% Mtn of samples may be made Within ten (10) days following the bid deadline. Each MArMal sample must be labeled with the bidder's name, manufacturer's brand name and NwrAw, and item reference. , DOMMJSTRATIONS: Performance of the equipment/services upon request can be deemed a MW (Othe evaluation process in determining the award of bidder. Demonstrations of the merits &MIM equipmentiservices that meet City requirements shall be requested by Procurement A6mAses. Equipment demonstrated shall'be a minimum of one (1) year old. All required staff, to be wsdlIgned per the individual bid product or service application, will form the Bid Award Nookee to evaluate and submit a group award recommendation. The City reserves the right iW "WV separate and independent awa€ds based on its needs and the combined evaluation F40LAR SUBCO■Tod If.2 rr subcontracts any portion of a Contract for any rem+, !Iq bidder rim i ft ieM" Address of the subcontractor and the name of the pems" r 0 contacted on Ow w mdkW 7rlwdule of Subcontractors ". The City of Boynton Beach r =tmiil the righb to wpoe# or n jest a w or all bids wherein a subcontractor is named and to make the award tj 0% ~, v*@, kv ire opinion of the City, will be in the best interest of and /or most advan b ft Oft. Tlq qty also reserves the right to reject a bid of any bidder if the bid names A Arm" ON �= previously failed in the proper performance of an award or failed to i! Y IIIIIIIIIIIIA C s of a similar nature, or who is not in a position to perform ' properly 6wAU nw w*w dl Tie Amy reserves all rights in order to make a determination as to the fofegoing. ADDENEW From time to time, the City may issue an addendum to change the in*d sr 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 SergiM 1p* immediately secure all addenda before submitting bids. It is the usual practice for t* Qft"F mail an addendum to known bidders, but it cannot be guaranteed that all bidders wil ittiiiiillm ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addirMIII Ay notation on the bid and shall adhere to all requirements specifieq in each addendum p0lloir As, submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subjIIM ID W qmMWff ame + i rejected, unless addressed in the Special Conditions Section 011111111110 Allona. EXCEPTIONS: Incorporation in a bid of exceptions tai mW pedbdd* dr 1a Contract documents may invalidate the bid. Exceptions to the TechnieJanti 50M VowAsima shall be clearly and specifically noted in the bidder's proposal' im a oopavle shed marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet IWI W gggo" to Ili bid. The use of bidder's standard forms, or the inclusion of manufacLr" NVIIIIIIIIIIIII doorIgRM shall not be construed as constituting an exception within the intent of &A ALTERNATES: Where a base bid is provided for, the bidder oW wad a M w Me base bid and may exercise their own prerogative in submitting a bid an *Aomoie 11111164sx TMe Owner reserves the right to accept or reject the alternates or base t4 ArgroeraMmeten 414oreof. The Offlner, or a representative, further reserves the unqualifieW FM 4p WnNRwft "kether any particular item or items of material, equipment, or the like, ig ■7 MprWo I✓, ■V reserves the unqualified right to a final decision regarding the approval a aoiiiillMr d tltR III=- NONCONFORMANCE TO CONTRACT CONDITIONS: Items awr Aw i b1 admpliance with specifications under the direction of appropriate testing Whoo bwss. Tged&w Gadved from 15 368 of 703 arty testes -�I' s�scifications are public records and open to examination thereto in acc�� w 119, Florida Statutes. Items delivered not conforming to specificd W SID MOM End retumecj, at vendor's expense. These items and items not deliveret A pf AMldEyi M ■ the bid and or Purchase Order may result in the bidder being found irw &EWt 6 r/ra areal any and all procurement costs may be charged against the defaulted ObalimAer. AmLoiWWbn of these stipulations may also result in the vendor's name being re 4mw ire 0bo A Wynton Beach's vendor mailing list. DISPUTM: IF ti (V wT Wvbf or difference of opinion as to the items to be furnished hereunde, tl10 t i r Q* Manager shall be final and binding on both parties. ANTIT : In submitting a bid to the City of Boynton Beach, the bidder offers apWaloomAet 10a IbW is accepted, the bidder will convey, sell, assign or transfer to the City of @Mp4pa fievok al ftWo, title and interest in and to all causes of action it may now or hereafter =oft ~ ft ■Trust laws of the United States and State of Florida for price fixing rem ■ to ligirlissiggii commodities or services purchased or acquired by the City of Boynton �. At ti■ Cy dr Innton Beach's discretion, such assignment shall be made and become di ■ Sal0k%t FUrchasing agency tenders final payment to the bidder GOVERW113611k SLEMEN233NS: In the event any governmental restrictions MW OL imposed wFritk wetd� i to alteration of the material, quality, workmarip & performd 0 ft Be%= on this proposal prior to their delivery, it shag M hs, responsOM K 01 lltENEW Oder to notify the City at once, indicating in a letter the gr@As regulatioil v� EWpW a iteration. The City reserves the right to accept Wr tugh alteratioaes 0-- -1 A a- sway prbe a4ustments occasioned thereby, or to cancel the ContFW It "o expense is &@ M. LEGAL REQUIREMENTS: 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. ON PUBLIC ENTITY CRIMES - All Invitations to Bid as defi�IR t . l.IM1(14), Florida Statutes, requests for proposals as defined by Section 287ATW ", � MORAM and any contract document described by Section 287.058, Florida did6bsl OW M@ribb di statement inTorming persons of the provisions of paragraph (2)(a) of 6086" W-1w no" Statutes, which reads as follows: °A person or affiliate who has beery i111d11d 4%40 ■ice vendor list following a conviction for public entity crime may not submit ar W an l irlt■A ad provide any goods or services to a public entity, may not submit a bid on • @&&@d sAa a des entity for the construction or repair of a public building or public work, m' 4ret esb" Wigs so leases of real property to a public entity, may not be awarded or Messrs perk ee a sm4ractor, supplier, subcontractor, or coaisultant under a contract with or 00 lw ft, V4 wpy not transact business with any public entity in excess of the threshoW EREWN FREON R Section 287.017, for CATEGORY TWO for a period of 36 months froiL tint dEliO M" p� on the convicted vendor list ". ADVERTISING: In submitting a bW, Me ONOw rr to use the results as a part of any commercial advertising. Violation *1111 l�Mis id subject to action covered under "NONCONFORMANCE WITH CO ASSIGNMENT: Any Purchase Origf MOM XAssslIt Is 00 bid invitation and the funds whick may be come due hereunder are nE MOs� EMN Oh the prior written approval of the City. 16 369 of 703 LIABILI : YW JUNE" harmless the City of Boynton Beach, Florida eJ�--o ----ft "Em Ed M MO M*%M from liability of any Idnd in the performewee of Otis . RoNlisr, be mobdU shall indemnify, save harmless and undertakp fie* of &M t%� ite OwwwAiiseboons, agents, servants an employees from and ag*0 ■T fN I# WOOs qg%6 q6rMn" er causes of action arising during the term of M QNSM ft AW OREr f 4=* 0l, IW of life, or damage to property arising directly Jr I= ft 1t Contract and from and against all costs, oaraad b", aapaatat did A an about any such claims, the investigagm 11111loomA of Be dWlkwe of any adW f lidbedings brought thereon, and from and against erg onilo s w ' wlli& may be oalro od therein. The City shall notify the bidder vw�in 0+ {4b � e i p@@* 61 4he � of wq whim, suit or action against the City qfi arising 0 W i� *W" M* � VV o�+s the 6Wder hereunder, for which the City may be entit= ■ i EM f 1W WON, under the provisions of this Contract. Bidder AM aS&tiIIIIII6 990 f M dill■ 0 11 M �h claim suit or actions. The bidder shall also be llllll� U fias eW Ilk M dWW i eys' fees and damages which may be incumW or hV Cqp MV woieoa off IM id's breach of any of the provision of the cont*eot. INIder ohel Not be'eeVowabb #er well ads of the City or its employs PURCHMf" NT AGENCIES: This bid may be expanddt ■ iTi� I* mne cases, Cooperative Purchasing Agreemanl dlv dbr A Ir�l iQ OW aehasing exists between the City of Boynton No*& 6M ■w oarprM M fWmitting a response to this Invitation to Bid a {F�et mod* wqoenee AN ee��e Me w W Ie ALL POLITICAL SUBDIVISIONS OF PALM i ■ P Q1VQ04 fW ft Fj�ffl tiiee& County School Board, under the some , IN W EON" Wo ft .f effective period as this bid. This agreemert 16 no wa+y � .o ids M IL do t ANY POLITICAL SUBDIVISION OF PALM ICI GMWR, emf tio, Mk Haab County School Board, to re -bid any or all itew . k is hewbf mode a pert of Ab I n a Wd that the submission of any bid in response 4p ft rsR_ r!_i e�-kw a bid w de under the same conditions, for the same C✓♦ MM, AN % jW � ffo4 ngl1r %is this bid, to the PALM BEACH COUNTf i AWARD' MI&Tli&IM- TW iew menebiry A wN &k dt MA" 160 "f v Contract or Purch= ~. EMlqhq" er Fynohoee Nrdom wm be ®waded bifi ■w MI a the most responsMk VIII WON 9*� M rfpgroo jq& moob inkofteove A ie the City, price anlr of I& V M ft nqft iMNI* EW we evaluation factors Aj la M �. Tok Q* Alfa ft Mo jr r=g ■'P fM qd bids and to waive Iootalid omom as col Oft toll It &! AM Wig 46 W award by any bider, ' Nar& an a�f d 16a M i� ■I M {ileparation costs insorwd In no one rr No awarf he aeillb " M iecessary investigqjwp hM oW sate Fe ar bwIld M a w Be EV b adlillisfied that the moss his rlfiM fthW iF WgHW it lie the work aad Mae &e necessary organizOM, SIMIN t! folllpMg 0 fir (U VW RNOW +mft w§Mw #pp *F Weeified. AS SP A Order will be issued to the successful bidder with the understawl6l bd dl fbwAhervices delivered must meet the specifications herein. Items /sevwsss dolls mmol well m q ecified, will be returned at no expense or penalty to the City of Boynton bah. DELIVERY: Prices shall be quotecNF.V. Florida. F.O.B. destination indicates that the seller is responsible for the I Monka its destination. Any and all freight charges are to be included in the br 11111111111111116 payment terms must be shown. 370 of 703 WARRAWn Each item, Including 0 d000lom& IN VO 00610" accessui■ ■dot "I be guaranteed by the bidder &ft111§ IIF� MOM WO workmaplpll% M MEMM* IMI be for a period of 365 Amp w ti 901& m standard M6MW4 WEEW i 1 ver is longer. The warranty wi "to � MENEM the corm ter od � be honored by any of the mlEgrkekwafle wAlliellilmd ��• Warranlr +A *pow pn, 6%w and any necessary sh "M AWFIft +e1111sim mW 1+ accomp*#wd erg CV pwrePV it space is available; this will NL dl ft NEW 9=Vftc 1 10 004 %. Contact # #ewkms for permission to perform mOMEM � W ice' per• WarranIV In EW i ft i*t 10 acceptance by the City; hawaWk, IN d111111B � !I� W equipmM = at iINEENEW placed in service, the biddeo wA po@rft dh dY i EMMW start-up fda Tbo lei delay will be coordinated --. - - 1d �erd�■ PRICE& JLIM Firm prices shall be IM OMM qr p4riosd in ink, and include d remi hand6% *Mapping charges and delivery Ib ft NN&UNM gown herein. Bidder is b eft i bush discount for prompt invdI6 pop�. EINMMMri irne will be computfl "M ft 9= li Victory delivery at place of a a i■ NEW of correct invoice ■ Ila i>• IMMENIM, 91Mhever is later. Upon dW%*PA ■w J1W d make final inspection. If this inspection shows that the equipmrWommWe pis is w &Weredlperformed in a satisfactory manner in accordance with the spc-11--p-i— _ Ulpt eMeA receive the same. Final payment due the bidder shall be withheld! uM IML&i hen is made by the UTILITIES DEPARTMENT and merits of perform"M ��. TM M acceptance will be done in a reasonable and timely manner. Acceptam a didi bdl a !ty (30) days. If any equipment/service has to be rejected for any reamm ■w bMMs dldl he required to pick up the equipment, accomplish the necessary repairs epO potom An ei - rw# to the City. Warranty repairs may be accomplished on City property f gMEEe p F*84861% Us will be at the discretion of the City. Title to or risk loss or damagelD Id fW Ipilpfil ie ft responsibility of the bidder, unless such loss or damages have been pr■ f W640 TEMi Elf r■gligence 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 sch�� prices, extensions and all instructions pertaining to supplies and services. Failur ix. 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 any M shipped as a result of this bid shall be new (current production model at the time okh" 104. All containers shall be suitable for storage or shipment, and all prices shall include NErRINIO commercial packaging. METY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and � cated assemblies shall carry U.L. approval and reexamination listing where such has established. T LICEN" �� I Nbll be the responsibility of the successful bidder to obtain all licenseEI,M p= r IMMEME, to complete this service at no additional cost to the City. Licenses i F�� = ladily available for review by the Purchasing Agent and City nspectAL is 371 of 703 -11 M CoMPLMMWL SAFETY AND EdWk IMP OWMai , materia4 qr�, Ma, wed in this bid meets all O.Q.K& qty. Odds* Isrt I M d certifies Mai i wmwMid so I& srccessful bidder, and the rMWM art. qMd ter il subsegeonlrr find to N drat in any O.S.H.A. requireria II 4M diiiiiiiiiiii of INOW, 0 costs ne� 1p IpNyr {e materials, equipment, d&., E6 dNIP� v aforemEy■IqWkqwVw*pftll be borne by the bidder. Bidder " ■1 Mtffpillipm, ��, I♦+t, etc. sW eyuytiy W& @A O.S.H.A. and Stale &W* A f i W fMµ�. PALM ERAQ The corff Will ip onym t! mb wal *l 111111IMlia Beach County has the aWMW ■ investigyi ■ O NEW RIMM to &e �M and performance of any e@ 1111W resulting = �rM WW R may demand and obtain reueWls *Ad testimoiy MM M it 0 iINErVEOI ■rd lower tier subcontractme. TU contractar • !M M M � O 01 other remedies and consgtilil e provided l+p is" the IdWwr of ier i 3� ctors or lower tier subcont 0 W fully cocMiMmie W& he [seder dawwei AlWW ro+grwdlW maybe deemed by the murf011pollil to be a "goy www a w h Be ast 1mOgME 1s ismAimW bn. Qt1ESTIWM AAW M r in W br"M w portion of this bid or Invitation to Bid should /o d1116mmillmill ■ through Thursday, 8:00 A.M. to 6:00 P. E%%Mlllll 11111111111 11 RENEV1fdL: TfM Unft P6Wpe VmVW may Pomw the contract, at the sanM NNW conditiolk AN MM, OF ils subject to vendor ac ssttisfacl* r rl be in the best interest of t 19 372 of 703 I 1 tlMe c �� , s � seas is � ac.ki�..■ ef� �.�w iwYi�s .. i irrrd m uspea ammomgrc rrbL" 1 mama& ilk pow is lrs*1mw ■m owmom qwm=b* 'L Amem mm aunt d *Pam i' ml Lwim& mwx div In No � W M i od R � M &a %o &ir* mo Rleeroew" llm%wndgse __ _ TYPE (Occurrence Based Only) -------------------------------------- General Liability General _ 111 1,000.00 000.00 Lommereial General Liability Products C 000.00 owners & Contractor's Protective (OCP) Personal & Liquor Liability Each Occ 000.00 [ rofessional Liability Fire D ,000.00 mplayees & Officers Med. Expe 5,000.00 ollution Liability bestos Abatement ad Abatement road Form Vendors U remises Operations nderground Explosion & Collapse Products Completed Operations I ontractual - R dependent Contractors road Form Property Damage ire Legal Liability A*mobile Liability Combined Single Limit ! M,000.00 Any Auto Bodily Injury (per person) GALfetermined All Owned Autos Bodily Injury (per accidentL 7'on-termined Scheduled Autos Property Damage iimmsetermined thred Autos Trailer Interchange 11 M,000.00 Edon -Owned Autos PIP Basic Jntermodal Gagge Liability Any Auto Auto Only, Each Accident Other Than Auto Only 000.00 000.00 000.00 E1 000.00 Garage Keepers Liability Each AccidA Aggregate Excess Liability _ r* ------------------------------ Each OccurA to be determined Umbrella Form Aggregate to be determined M ------- - -- - --- ------------------------------------_------------------------ • ------------ Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 PrVerty Homeowners Revocable Permit S 300,000.00 Builder's Risk Limits based on Project Cost Other - As Risk Identified to be determined INSWRANCEAD VISORYFORM 20 373 of 703 BIDDER ACKNOWLEDGEMENT SObmit M 146 PINIQ111111111ARMENT SERVICES M IE. Wton Beach Boulevard vim l90 M�ls� Mach, Florida 33425 -0310 fie. (561) 742 -6310 E?Xoadca 9NOW 14,204 Bid TitlE1 TIC DELIVER AND DISCHARGE BULK QUICKLIME" a Bid Number: 009- 2821- 13 /JMA Btd Received By: NOVEMBER 6, 2012, NO LATER THAN 2:30 P.M. (LOCAL TIMIE) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: November 5, 2012, no later than 2:30 P.M. (local time) and may not be v*hdrawn within ninety (90) days after such date and time. x All awards matle = ■ result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: _ Carmeuse Lime & Stone Federal I.D. Number: 25- 1254420 A Corporation of the State of: Delaware Area Code: 412 Telephone Number: . 995 -5500 Area Code: 412 FAX Number: 995 -5515. Mailing Address: 11 Stanwix Street, 21st Flom City /State /Zip: Pittsburgh /PA/15222 ■ a Vendor Mailing Date: October 3 1, 2012 Bruce D. Routhieaux, V.P., Sales Name Typed F Ci ACKAGE EPTABLE 21 374 of 703 PROPOSAL BLANK Y BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA TO FURNISH, DELIVER AND DISCHARGE QUICKLIME To All Bidders: Date: October 31. 2012 µ The undNEIl7r 10 Mshe has carefully examined the specifications and is thoroughly faMiliar 1IIIIIIII117■ X � aim i the quality, type and grade of product/service called for. When slaws wino V w owe bid proposal price for this product and /or service, inch@@@ 4w many irel &weber oelwbiNolen item(s) are to be tabulated and considered. Attach El VINNIM proposal9 fe*q=h. The uncNEIgNO ■ UNsh, deliver and discharge the quicklime in accordanc■r11111111111 111111111 specificd 0 iii dr A il. NMIE OF BASE PRICE Ili PER TON FREIGHT RATC PER TON RAIL "ENW9F" P *TK)N � City of 11 I.0 Beach 276.23/Ton N/A N" .99 City of Beech 76.23 Ton* N/A City of to i Worth 01 76.23/Ton* N/A 129.OLAFWU 11NMO.9a i 9 j"Q Ip /j fired price of $296.53/Ton, V~ WR a 24 tart BKRiWW long h Lti f. 10 NAE TO BE SUBMITTED FOR BID PACKAGE 18 N E1111IVSIDERED COMPLETE AND ACCEPTABLE 22 ?t 375 of 703 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of Pennsylvania R County of Allegheny Bruce D. Routhieaux , being first Ift fir, 40FVW and says that: 1) He is Vice President of Sales of Carmeuse Lime & Stone rp% (Name of Corporation or Firm) the } ioregbnijlptl the attached bid: 2) He i1 f TENNEft the preparation and cones E%W iir W a" i pertin= EEWting such bid; 3) Said Biel is peamime =W is ad a collusive or sham bid; 4) Furth■, ft qW jIMW mW jny of its officers, partnerqj swnwo, awls, rsprssentatives, empMIIIIIIIIII ■ JEMW 1p MMst, including this affiant, hM jM q WW 101do, jonspired, conrI111111111111111 f IIIJEW MM" ar indirectly with any other MME *R R IIIIIIIIIIIIn ft submit a colluillr/ or iirl M A inpection with the Contract fdf rM'IMII tMe r MM has been subrOmM or ie rsllllllilllat# Melding in connection with sLA WINK a? = ■ In manner, direaft er �rsdfj, est�t By agreement or collusion or �e or sonference rr *ll�r with e Vgkitw, *m er person to fix the price or prises lk Me der A or of any other WjkkE6 t Op ft ■qqrqphead, profit or cost element eA *a 6W pose sr 1qe WU price of any Mme IiIIIIiIiiit, d• 0 � through any collusion, apit, "Wm9 jwq or unlawful agre■� M/ iVillinst the City of Boynton BEIIW f IW pl� MWmWed in the prope"d 6srlillillillill; ilk 5) The prl*e or pwses looted iw As wi"Mol 10 on fir and proper and are not tainted by an agooR wmmp&IW Rmmr*IIllI� tr vidWul agreement on the part of the bidder if Er if N EJEM �, ! employees, or parties in interest, " inclui"Yi irsi. (Signed Bruce D. Routhieaux ilk �■ (Title) Vice President of Sales u We st day o October 20 12 iG j F AENNSYLVAN[q W �nission expires — �[�,C�, �.0 /� yO 'kO NotWryPubkc Mdn ' moires p county Capon or ACKAGE EPTABLE 23 376 of 703 ■ r I WTI- KICKBACK AFFIDAQ Pennsylvania STATE OF4 -XNRUX ! COUNl1r $ i �.Ioryr� z I, the uZWEIgM WMW So Worn, depose and say that no portion of the sum herein bid will be paid i by irf00IIIIIIIIIII 010 City of Boynton Beach as a commission, kickback, reward of A dire* ,ar WAWd LV � @a any member of my firm or by an officer of the corporation. ny: ,6 � N AME - SIGNATURE Sworn and subscribed before me this 31st day of octo 20 Printed Information: Bruce D. Routhieaux _ NAME V Vice President of Sales J / TITLE NOTARY PUBLIC, State ofd at Larg Carmeuse Lime & Stone COMPANY to u "OFFICIAL NOTARY SEAL" STAMP THIS PA ACKAGE TO BE C EPTABLE 377 of 703 li CONFIRMATION OF MINORITY OWNED BUSINESS A requedwill berm Ile be re" M pMrt of our files for future use and information. Please f1pdW indicate in be spreepri6 des provided which category best describes your company. Return t4s iisnmvMk pow bW p"osal sheet making it an official part of your bid response. s16 Yek No 0Yes, please indicate by an "X" in the appropriate box: } AMERICAN INDIAN ASIAN y BLACK HISPANIC WOMEN � ) OTHER - specify) i x) NOT APPLICABLE Do you QMliVEMon gWlifying your business& `Minority Owned Business? N/A YtS NO = � If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification s di THIS PAGE NO@@ PROPOSAL � -1 25 378 of 703 i • e .d CONFIRMATION OF DRUG -FREE WORKPLACE V P,referewaa dd• U � m Wnesses with drug -free workplace programs. Whenever *m as more bids vlll" aas;wp d wim aspect to price, quality, and service are received by tom 00 of Boynton &seek or bV ewr subdivision for the procurement of commodities or c/I*jj� � siM service% e N d a business that certifies that it has implemented a dn-17 mrkplat "I "gkw preference in the award process. Established procdi,1111111111111111 0 plocess9p 0 M 10 0 *eked if none of the tied vendors have a drug -free usipMA prograrm le a!16 lea JM -free workplace program, a business shall: 1) Pubk% a mill ~g employees that the unlawful manufacture, distribution, dispwwwiM, rwessdrrK +e we of a controlled substance is prohibited in the workplace and spegf" IV arNmw Ow6willll be taken against employees for violations of such prohibition. 2) InfoAh 600� M7 Mangers of drug abuse in the workplace, the business's policy of mENNEflr & ae*rW ■orkplace, any available drug counseling, rehabilitation, and emplw"o soel+ i was, and the penalties that may be imposed upon employees for drug simwvielbMrw. ' 3) Give9wh wee wPMWsd in Ire eewwrwdties or contractual servicerthat are underO164 lf*■ df d+NebieseMiew(1). 41 In tha �I EMM ft rMM&M (1A w* ft employee that, as a condition of wor" ow Illita & I Omt are under bid, the employee will abide IV &e 6s at &* AWINO nt NJ wll Mdfr ao anployer of any conviction of, or plea of gl* 9R nrb ew omwh ro 1e, swy *bkA" 0 4Me4AW 693 or of any controlled substance law Id M7 U~ Jbilillia; wr in slsfe, fs* a dd 4m eswirring in the workplace no later than five w Wip #ft lllllllillir wm . 5) Impaas a oM6 a me, or r4ire the satisfactory participation in a drug abuse assistance or rehAlkske preqawa r9wiA is available in the employee's community by, any employee who is we swwwobsk 6) Make i 910 Ift ROW to continue to maintain a drug -free workplace through imply if"ID •011M. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. A, I Vendor's Signature Bruce D. Routhieaux, V.P., sales lqj�W TO BE SUBMITTED FOR BID PACKAGE NSIDERED COMPLETE AND ACCEPTABLE IF, t 379 of 703 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Co UM r ip wn" r6! Ir Impodw del of Palm Beach County has the allthori* ■ i � ■&A M MUM Ile VIM negotiation and performance of tlos combed, avA hip so MWreermay d6www and obtain records and testimony from the CA� r 0 =hwdmmWwwW IIIIIIIIIIIIIrlbr subcontractors. The contractor understands aPA dVMWA ■t M b0ition to all other remedies and consequences provided by law, 4w blim # 0V Contractor or its subcontr� lower tier subcontractors to fullV AdNp� M In M6pector General when r nay be deemed by the municipgft !y hp I "MK"d breach of this contract jus 'Al tArmination. If Carmeuse Lime & Stone CONTRACTOR NAME By Bruce D. Routhieaux Title: Vice President of Salee Date: October 31, 2012 3 r. 27 THIS PA TO BECO 380 of 703 i :4 ^ w, OW a M 7 T A lj1TER DATE... WILL COMPLETE IF AWARDED ** EXHIBIT A VENDOR PASS REQUEST VENDOR NAME: VENDCUddilft Contact Name: Von&M Contact Phone No.: LIST OPT REQUIRING ENTRY TO FACILITI9S: (Pictur for all listed individuals.) TO BE PERFORMED a 28 c 381 of 703 ') r r N/A STATEMENT OF NO BID If you are not bidding this service /commodity, please complete and return this W 1k PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach BouleWA, IROL Box 310, Boynton Beach, Florida 33425 -0310. Failure to respond may result in deletion of vendor's name from.the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: - _ _ M ADDRESS: TELEPHONE: SIGNATURE: DATE: 9K, fle undersigned have declined to bid on your Bid No.: 009 - 2821- 13 /JMA to "Furnish, 111111o#wr and Discharge Bulk Quicklime" because of the following reasons: Specifications too "tight", i.e., geared tow■" MEM t rer only (explain below) Insufficient time to wilipilim4rWr 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: 29 382 of 703 CITY OF BOYNTON BEACH SPECIFICATIONS FROM 2008 BID DOCUMENTS ( �_R x ): SAMPLE ANALYSIS The successful awardee's product will be tested weekly for a period of time established by any entity to determine if quicklime consistently meets bid specifications. Tests can be conducted by each participating co -op entity. Failure to consistently meet required bid specifications for product quality will be grounds for contract termination. PRODUCT SPECIFICATIONS The pebble quicklime shall conform to ANSUAWWA Standard B202 -07 (revision of ANSUAWWA B202 -02), "Quicklime and Hydrated Lime ", and shall be substantially free from foreign and deleterious matter, core, iron, ash and dirt. The amount of insoluble matter is not to exceed 5.0 percent IN THE EVENT ANY SHIPMENT RECEIVED CONTAINS INSOLUBLE MATTER IN EXCESS OF 5.0 PERCENT, THIS SHALL BE GROUNDS FOR IMMEDIATE CANCELLATION Its predominate physical size shall range from 1/4" to 3/8" with no more than 2" of each shipment passing through a No. 100 U.S. Standard sieve at the producer's plant. There shall not be more than 0.5% retained on a No. 100 mesh sieve and 99.5% bassing_ after slaking and wet washing. There shall be a minimum of 92% available CaO as determined by chemical analysis in accordance with ANSUAWWA Standard B202 -07, Section 5.3.2. Also, in accordance with this standard, there shall also be a minimum 40 degree C rise in temperature within three minutes; the slaking reaction is to be complete within 10 minutes (Section 5.4.1). All requirements for National Sanitation Foundation (NSF) certification required by the Environmental Protection Agency, Florida Department of Environmental Protection, or Palm Beach County Health Unit will be met. QUALITY CONTROL REQUIREMENTS 383 of 703 A physical and chemical analysis MUST be furnished with each delivery. The analysis shall be certified and performed by a reputable recognized testing laboratory. A one - pound, air -tight sample, MUST also accompany each load delivered. There shall be a minimum of 92% available CaO. Added to that, each entity reserves the right to reject, at supplier's expense, any shipment, which fails to meet the specifications given above. The supplier shall be given ten days after notification of any such failure to arrange for a reputable independent laboratory to analyze one (1) of the retained samples from the shipment in question. Both the entity and the supplier will be bound by such determination. The laboratory fee covering any such analysis will be paid by the entity if the results pass inspection or by the supplier if they fail. If the material has been unloaded and placed in the entity's storage silos prior to obtaining final test results, the supplier shall reimburse the entity at the rate of 2% of the delivered cost per ton for each percentage point that the material fails to meet the 92% minimum available calcium oxide. 384 of 703 7. B BIDS AND PURCHASES OVER $100,000 December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Approve utilizing the GSA Pricing Contract Number GS -07 -561 OR with Contender Boats Inc. for $139,114.32 for the purchase of a 32' Contender Tournament with twin Mercury Verado 300XL engines and an Amera -Trail triple axle trailer. EXPLANATION OF REQUEST: The Police Department is requesting use of the GSA Pricing Contract Number GS- 07 -561OR with Contender Boats Inc. for $139,114.32 for the purchase of a 32' Contender Tournament with twin Mercury Verado 300XK engines and an Amera -Trail Triple axle trailer. This boat would be a replacement for the current boat (Marine One) which the Police Department uses to patrol the inlet and Intracoastal waterways. The GSA procurement procedure meets or exceeds the City's competitive procurement requirements. Marine One (2001 27' Zero Tolerance) is currently out of service and requires approximately $43,000 in repairs /equipment purchases. The current estimated auction value of the boat is $4,000. In addition, the fiberglass hull is no longer structurally sound, which creates a significant safety issue for officers. This is not repairable. The repairs needed include: • The twin engines stall or fail. Both need to be replaced. • The two bilge pumps fail. Both need to be replaced. • There is a leak in the hull causing the vessel to take on water. • There are chronic electrical issues (running lights, batteries, blue lights, etc.) requiring the complete re- wiring of the vessel. 385 of 703 The equipment needed includes: • New radar unit. The current unit is not operational due to corrosion from salt. In addition, the technology is outdated and obsolete. • New GPS unit. The current unit is not operational due to corrosion from salt. In addition, the technology is outdated and obsolete. • New trailer. The trailer was manufactured in 2001 and has significant rust. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Marine Unit was initiated In 1998 and was developed with several key missions in mind: the promotion of marine safety, response to maritime accidents /distress calls, narcotics interdiction, and illegal immigrant smuggling interdiction. Officers Gregg Koch and Darin Hederian are currently assigned to the Marine Unit and were chosen as the 2011 Officer of the Year. Below is the nomination highlighting some of their achievements: 1. From capsized boats to bundles of marijuana, it was anything but an ordinary year at sea for Marine Unit Officers Gregg Koch and Darin Hederian. 2. It began with the March 31 rescue of a woman whose sailboat capsized just north of the Boynton Beach boat ramp. On April 14, the officers rescued a man in distress on a sailboat off the shores of Boynton Beach where the surf was in excess of 4 -foot waves and conditions were extremely rough. 3. On November 17, while conducting manatee safety patrols, Koch and Hederian hit the `jackpot," when they observed a boat strike two sand bars with one of its outboard engines tipped up and not running. Officer Koch boarded the boat to conduct a safety inspection. The two men on board appeared very nervous and could not provide documentation for the vessel. They took off running when Officer Koch approached the cabin door. Officer Hederian gave chase, Officer Koch opened the cabin door to find 20 45 -pound bails of marijuana stuffed inside. With the help of U.S. Immigration and Custom Enforcement agents who happened to be in the area, both suspects were taken into custody. The boat was seized, along with nearly 1, 300 pounds of marijuana valued at more than one million dollars. 4. Less than a month later, Koch and Hederian observed an abandoned boat that had been beached at Harvey J. Oyer Jr. Park. Once they boarded the vessel, they found water, a bag filled with bread and an extra fuel drum, which suggested a possible smuggling operation. A K9 was called and immediately alerted to the forward bow of the boat. Located inside a hidden compartment under the steering wheel — a garbage bag filled with 11 bundles of marijuana that has a street value of $20, 000. In addition, R11 -085 Interlocal Agreement for Law Enforcement Services between Palm Beach County and the City of Boynton Beach Police Department- Manatee Protection was approved by the City Commission at their regular meeting held on August 16, 2011. This Agreement is for the period November 15, 2011 through March 15, 2014 and requires the Boynton Beach Police Department Marine Unit to provide law enforcement officer(s) to patrol the waters of the Enforcement Area and to enforce all applicable laws. The law enforcement officer(s) will provide services on Saturday, Sunday and Martin Luther King and President's Day between the hours of 6 a.m. and 6 p.m. for the period of 11/15/2011 to 03/31/2014. The services provided per this Agreement will be in addition to the regular patrol functions of the Marine Unit and will not decrease the current coverage /enforcement functions of the Unit. For fiscal year 2011/12, we received $18,393 to cover officer(s) overtime salaries, benefits and all other expenses 386 of 703 incurred in fulfillment of this Agreement. In order to terminate this Agreement, we need to provide them with thirty (30) days prior written notice. Without a new police vessel /trailer, we will be unable to continue promotion of marine safety, response to maritime accidents /distress calls, narcotics interdiction, and illegal immigrant smuggling interdiction. FISCAL IMPACT: The $139,114.32 will be taken from the State Law Enforcement Trust Fund account (691- 5000 - 590- 04 -25) which currently shows a balance of $199,677. Florida State Statute 932.7055 provides that when a law enforcement agency seizes property or currency pursuant to the state forfeiture statues, the proceeds are deposited into a Law Enforcement Trust Fund. The funds may be expended for law enforcement purposes upon request of the Chief of Police to the governing body of the municipality. This expenditure meets the requirements of the statute in that the law enforcement purpose is clear and this type of expenditure has not appeared in our budget at any point. It should be noted the following transactions have occurred or are scheduled to occur to offset the price for this vessel /trailer: 1. A 2008 23" Proline was forfeited under BBPD case 09- 047278. This boat was sold by Gaston Seagate Marine Sales (4900 SE Federal Highway Stuart, FL 34997) on 01/25/2012 for $27,547.00. Check #103 was received by the city and deposited into the State Law Enforcement Trust Fund account. 2. Honda P225 Horsepower engines were forfeited under BBPD case 10- 053407 and 10- 061725. The engines were sold by Gaston Seagate Marine Sales (4900 SE Federal Highway Stuart, FL 34997) on 02/12/2012 for $4,000.00. Check #103 was received by the city and deposited into the State Law Enforcement Trust Fund account. 3. A 2005 Cobia Walkabout was forfeited under BBPD case 09- 060794 and is currently on consignment at Gaston Seagate Marine Sales (4900 SE Federal Highway Stuart, FL 34997). The estimated value for this vessel is $28,000.00. Once this vessel is sold, those funds will be deposited into the State Law Enforcement Trust Fund account. 4. A 1988 18' Donzi including Mercury 2.5liter outboard engine was forfeited under BBPD case 11- 054222. This vessel is currently scheduled for auction through JJ Kane Auctioneers, West Palm Beach, FL on 11/30/2012. The estimated value for this vessel is $5,000.00. Once this vessel is sold, those funds will be deposited into the State Law Enforcement Trust Fund account. 5. A 2001 27' Zero Tolerance including twin 225HP Mercury motors and 2001 dual axle trailer (Marine One) was forfeited under BBPD case 02- 015646. This vessel /trailer is currently scheduled for auction through JJ Kane Auctioneers, West Palm Beach, FL on 11/30/2012. The estimated value for this vessel /trailer is $4,000.00. Once this vessel is sold, those funds will be deposited into the State Law Enforcement Trust Fund account. 6. A 1989 32'5" Donzi including twin 250HP Johnson motors was forfeited under BBPD case 12- 033122. This vessel is currently scheduled for auction through JJ Kane Auctioneers, West Palm Beach, FL on 11/30/2012. The estimated value for this vessel is $15,000.00. Once this vessel is sold, those funds will be deposited into the State Law Enforcement Trust Fund account. 387 of 703 7. A 1998 18'4" Pro Sport including 115HP Yamaha motor was forfeited under BBPD case 10- 58964. This vessel is currently scheduled for auction through JJ Kane Auctioneers, West Palm Beach, FL on 11/30/2012. The estimated value for this vessel is $2,000.00. Once this vessel is sold, those funds will be deposited into the State Law Enforcement Trust Fund account. In summary, the expected net cost to the State Law Enforcement Trust Fund account would be $53,567.32. This is calculated as the price of the new vessel /trailer $139,114.32 minus the funds received from the above sales of $31,547 and funds expected to be received from the above sales of $54,000. ALTERNATIVES: Advertise for Sealed Bids. Not replace the boat and disband the unit and notify Palm Beach County of our intent to terminate the Interlocal Agreement for Law Enforcement Services - Manatee Protection. 388 of 703 Contender Boats Inc. ! 1820 &F- 3e ArMM I HOMS$tnd, FI 35095 f Tat (305) 290.1500 ! FG& (305) 2 -1700 QUOTE SOLD TO BOYNTON 1 317112 ■ 07 -Mar-12 ADDRESS TERMS: b r"m _ M 389 of 703 Standard Form 1449, Contract for Commercial Items Contender Boats, Inc. Contract Number GS- 07F -6610R GENERAL SERVICES ADMINISTRA71ON FEDERAL SUPPLY SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOGIPRICE LIST SCHEDULE TITLE: Federal Supply Schedule 054 - Law Enfarcernertl, Security, and Industrial Products Acquisition Div. FSC Group: 19 -Marine Craft and Equipment . CONTRACT NUMBER: GS 07 - 581JB CONTRACTOR'S ADMINISTRA nI� trator as Above BUSINESS SIZE; Small 0 4,16F i R L ITEM NUMBERS (Sin's) DESCRIPTION A" Powered Boats 1b: LOWEST PRICED MODEL NUMBER AND PRICE FOR EACH SIN: (Government net price based on a unit of one - Contractor to Insert) A i1M■■L P RICE g, $315,000 PER SIN and per Older ur order over the Maximum Order Identified In this cataloglpricalisl, you have an opportunity to ce Before placttlg your order, contact the aforementioned contractor for a better price. The for this requitement (2) offer the lowest price available under this contract or (3) decline the the maximum order may be place underthe schedule contract In accordance vdth FAR 6.404. 9, $100 0�1 4s r E: Domestic, 50 states, Washington, DC, Puerto Rica, US Territories and to a CONUS port or r orders received from overseas activities 5. POINT(s) OF PRODUCTION: Homestead, FL 33035 (Dade County) 6. DISCOUNT FROM LIST PRICES: 5% from the accepted pricellaL Forceleulstdon ofthe GSA Schedule price (price paid by customers ordering from the GSA Schedule, and the price to be loaded in the GSA Advantage), the contractor should deduct the appropriate basic discount from the list price and add the prevailing IFF rate to the negotiated discounted price (Net GSA price). 390 of 703 > 1 M. LuAmmi f ONMM W OliioiWi 0): None I11111l11111111M MIIIISIO*!SlaMIS: Net 30 - --`- -- Garda must be accepted at or belaw the micro- purchase threshold.- Yes tt■ ands are accepted above the micro- purchase threshold. - Yes None tt Shipped M Days after receipt of order �, L� dRi1�L!!Ik t1sA6 ifs, �il■iiYYrIP riril�iiiif 4iiiii(fiOif: err +PIII- S: Agencies can contact the Contractor's repr otor for the purpose of requesting accelerated MMFFW -*repay and Add Contender Boats, Ina 1620 S.E. 39 Ave. Homestead, FL 33030 10 iiilllfiYTi�i�1 $�■�t�iW11gW provide copy of Warranty. W. 5 OF GOVERNMENT PURCHASE CARD ACCEPTANCE. (any thresholds above the micro - �, �� {IFAPPLICAB].EJ: ttttt# ARTS PRICE LISTS AND ANY D)SCOUNTS �. PORMWAPPWWNMR INA 31. MW OF AdMilli ift h* X. w lilawrl � . i iiid (tom rtartattttr11111111 tt0" rr. MaMNG REGISTRATION IN CENTRAL CONTRACTOR REGISTRATION §Mj* atlon valid until 1/2712015. 391 of 703 IC R Iy Il NO. W.- 11 11 11 � i 11 ii , II �. 11 Il II it , II 11 II �l Il , 11 li �i � 11 11 I 11 R R R 11 II I1 11 II I: i 7 11 11 11 II II I y II � 11 11 � 11 II �I 7 :7 11 All II ,I 'r4 x � I _ I I 1: �� II rv °lprr II iI �' ;�'1r w 11 1! P PON 11 IMF I■9I Iy ■■qJ ■■er 11 not u r ,pi r 4 11 ��w1 ° �w u ■ 'I Ik r a1 11 li II rl +� a u !� ■ 11 11 i� ��, i !I 11 11 ■ ar 11 II it !I u ! 11 11 W L' Ir rl II 11 p 1,., '111 _i I� 11 ' rt 1. 11 7 fi rr „ :d II , 11 YJ II l i 7 f II ' u II i it i � I , 11 1 11 4 II 11 f!IF7 — -- -- -- -- Mid Pm II II nl�r IF"r'!" . If' r " q II e w w r. 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V 11 IIl d VAl 11011 IL1i ICI i�Il �� I XDURONEGOOD I�lir� �pBndLu i i�1@Eil autia"OrIODU i E#JU7$iDl I Duu0naguou QUOquagOOD c uudallaouUill moa ELS I I �CIil1lF]f�F� mi 1 .411 imai ii ii v 11 I 111 HOW luuul ipinnn lullal laul 11 399 of 703 400 of 703 Inumill Fulldl d� Z000l i 1311t alit M IL u 1301 iQli M1111 o i�e� our it III WHO IDI 11 1 1 121 WIF IMOI IF 1113 x on": Al 11don I s udm mHou m ill I 11110111 ii 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Approve negotiated settlements in case of Christie Bolden, et al v. City of Boynton Beach EXPLANATION OF REQUEST: Defense Counsel: Benjamin Bedard, Roberts Reynolds Bedard & Tuzzio Plaintiff Counsel: Linnes Finney, Greenspoon Marder Incident: On March 3, 2006, a motor vehicle accident occurred between Dedrick Glover and Christie Bolden. A City Police officer followed Mr. Glover after refusing to stop following an effort to have him reduce the volume of music from his car. Mr. Glover proceeded through a stop sign and struck Ms. Bolden's vehicle which had five minor passengers in her vehicle who were all seriously injured. Plaintiffs claim Police Officer conducted a negligent high speed chase. City contests the claims made by Plaintiffs. Current total medical claims for all Plaintiffs exceed $248,000. Mediation negotiations occurred resulting in a recommended settlement of $16,333 each for Christie Bolden and five minor Plaintiffs totaling $98,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Recommendations for settlements of claims of this nature are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Settlements will be charged to the Risk Management budget expense line item 522 - 1710 - 519 - 49.20, Self- Insured Losses, for first and third party claims. ALTERNATIVES: Failure to approve settlements will result in claim being litigated. Value of this entire case at trial is estimated at $200,000 +. Defense trial legal costs are estimated at $50,000. 402 of 703 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerierre Interim City Manager THRU: Carisse Lejeune Interim Assistant City Manager FROM: Charles J. Magazine, Risk Manager DATE: November 7, 2012 SUBJECT: Christie Bolden et al v. City of Boynton Beach Date of Loss: March 3, 2006 Risk Management recommends the City Commission ratify the: X Settlement _ Judgement in the above stated manner. RESERVES Indemnity: $ 200,000 Expenses: $ 75,000 Demand Original: $ 200,000 Final: $ 167,000 Offer Original: $ 18,000 Final: $ 98,000 X SETTLEMENT $ 98,000 NOTE: This settlement is the compromise of 'a claim for damages. Payment by the City is not to he construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ -0- Current Legal Fees: $ 48,443 JUDGEMENT $ - Current Adjustment Fees: $ - Current Legal Fees: $ - CASE NARRATIVE On March 3, 2006, a motor vehicle accident occurred between Dedrick Glover and Christie Bolden. A City Police officer followed Mr. Glover after refusing to stop following an effort to have him reduce the volume of music from his car. Mr. Glover proceeded through a stop sign and struck Ms. Bolden's vehicle which had five minor passengers in her vehicle who were all seriously injured. Plaintiffs claim Police Officer conducted a negligent high speed chase. City contests the claims made by Plaintiffs. Current total medical claims for all Plaintiffs exceed $248,000. Mediation negotiations occurred resulting in a recommended settlement of $16,333 each for Christie Bolden and five minor Plaintiffs totaling $98,000. 403 of 703 Cjm /ClaimglBoldenC et al 02 12- 4- 12.doc 404 of 703 ' I ROBERTS, REYNOLDS, BEDARD & TUZZI0,1?LLC L A W Y E R S GEORGE P. ROHERTS, JK oFc- -1 470 COLUMBIA DRIVE - SUITE Clot REI JA AN H. REYNOLDS- 3R- FlENIMIN 3. IIF UARO WEST PALM BEACH, FL 33409 GERARDA. TIJZZID TELEPHONE (561) 688 -6560 FACSIMILE (561) 688 -2343 LAURA F. RFOARD DANNA P. CLEMEN I' ABBY GOLDMAN SHELL1A.HEALY 7501 WILES ROAD - SUITE 201 CORAL SPRINGS, FL 33067 BRADLEY I. ELLIS ANTHONY ANTHONY TELEPHONE 954 656 -8388 ( ) JEFFREYW.HURCOMB FACSIMILE (9541656-8389 STEPI IANIE W. KAUFER NICHOLAS C. JOHNSON BENJAMIN R. KELLEY R"PA,COM ANDREA AA IIGO bbeda €(VRiTbPa.CO1I1 GILLIAN U. SYKES BRITYANY 13. JACORS ddc1HC31Kl PARALEGALS KATHR 'N L ALEVES JCNNIFERG RIiITTALL MICHELLE L. SNIIJH D[A,4E HOSWORTH KIiHECCA K. DAVIS TIFFANIE T.WALLEN PLEASE REPLY TO: NEST PALM BEACH Confidential matter exempt f•om disclosure or inspection per FS 119,07, 768.28 ct: 768.301. November 7, 2012 VIA ]EMAIL: mag-azinec( bbll,us webbPC(_0b$.us Mr. Charles Magazine City of Boynton Beach Risk Management Department 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 -0310 Re: Bolden v, CBB DOL: 3/3/06 Our Nile No.: 109 -238 Dear Mr, Magazine: As you are aware, we have tentatively, subject to the City Commission's approval, settled the negligence claims brought against it by Christie Bolden, individually and as next friend of Antonio Robinson and Antanaz'sha Robinson, minors; Darron Brown and Raven Brown, minors, by and through their next friend, Arnissa Deal; and Jaekwon Mcgee, a minor, by and throughhis next friend, Shanetla Williams for $ 16,333.33 each totaling $97,999.98 for all six (6) claims. By way of background, this case arose out of a motor vehicle accident between Dedric Glover and Christie Bolden on March 3, 2006. Plaintiffs alleged that Sergeant Crowell observed Dedric Glover driving his motor vehicle with the volume on his sound system raised and motioned him to stop in order to ticket him for a non-criminal traffic infraction of running a stop sign; however, Glover continued to drive south on NW 3` Street. Plaintiffs alleged Sergeant Crowell then cngagcd in hot pursuit of 405 of 703 Bolden v. CBB Mr, Charles Magazine Page 2 /November 7, 2012 Crlover on NW 3' Strcet leading to the intersection of NW 6" Avenue, At that lime, Bolden was operating her vehicle going east on NW 6" Avenue and was struck by Glover. Plaintiffs alleged Sergeant Crowell's negligently operated his vehicle so that it contributed to causing Glover's motor vehicle to collide with Plaintiff s vehicle. Plaintiffs alleged Sergeant Crowell's actions violated the Boynton Beach Police Department's pursuit policies. As a result of the above, Plaintiff's claimed significant damages. The following is a summary of the alleged injuries and medical bills incurred as a result of same: A. Christie Bolden As a result of the accident, Bolden suffered a complex fracture of the pelvic ring, including the left acetablulum and also suffered multiple left rib fractures. As a result of these injuries, she suffered from anemia and required D V'T prophylaxix. She has testified she had along and difficult rehabilitation and was in a wheel chair for approximately 3 months followed by a walker for several weeks and eventually began walking on her own, Bolden also complained of recent shoulder pain and was told it was most probably a rotator cuff injury which would necessitate surgery for the pain relief. Bolden was also fired on the night of the accident, which she believed was because her employer did not want to pay her medical bills. Unemployment was unavailable to her because she had not been there long enough, She then proved to Georgia and has been steadily employed since that time. Bolden claimed a total of $45,740.41 in medicals to date. B. Atanaz'sha Robinson Robinson was ejected out of the vehicle and sustained a concussion, She is now 9 years old and in the 4" grade and on grade level at Dooley County Elementary School, She complains of migraines. Those began a couple of years ago. She has treated with an eye doctor for vision problems in the right eye which could contribute to the migraines. She wears glasses for same. Robinson's medical bills to date total $38,176.30. C. Antonio Robinson Robinson (Antonio) was also ejected and suffered a concussion. IIe is in the 3' grade as he repealed 2 " grade due to "medical problems." However, he is not in any special classes. He has been diagnosed ADHD and takes Ritalin and Concerta for same. When the medication wears off, he becomes a behavioral problem and they have had to increase the dosage of his medications to the highest dosage. He has been seen by two psychologists and plans to treat with a third. Robinson's medical bills to dale total $37,731.05. 406 of 703 Bolden v. CBB Mr. Charles Magazine Page 3 /November 7, 2012 D. Darron Brown Damon Brown is 14 years old and in 7' grade at Cluista McCullife Middle School. He sustained a broken left femur penetrating the skin and a fractured skull. He repeated 3` and 7 ° i grade, He should be a freshman in high school. IIe has been classified as a TBI student (traumatic brain injury) by the School District of Palm Beach County. Therefore, he was transferred from Congress Middle School because his current school has TBI program. Even in the program, he was retained last year. He had been playing football until recently when he felt a pop. He was taken to Bethesda, His mother, Arnissa Deal, was told that his spine was curved due to one of his legs being shorter than another from the accident. Therefore, he has stopped playing due to the pain. He was recently taken to orthopedic surgeon, Dr. Peter Romano in Plantation who advised against surgery at this time due to something dealing with his growth plates. They discussed a lift for his shoe which no one had ever recommended before. Brown's mother testified he has behavioral problems. He has seen a counselor from the Chrysalis Center who was coming to see him at school twice monthly and at home twice monthly, She also got the Urban League of Palm Beach County /Mentors involved and they send someone to take him places. He will be seeing a psychiatrist in the near future. Brown is picked on at school because orie of his legs is shorter. He recently was in a fight and arrested at school. No charges were filed but he had to do community service, attend anger management classes and was suspended. Brown's medical bills to date total $32 E. Raven Brown Raven Brown is 16 and in 10" grade at Boynton Beach High School, She suffered a fractured skull necessitating placement of a metal plate with screws in her head. She repeated 3r grade. She is an ESE student and also a TBI student. She also is provided a speech coach. Brown has severe headaches all of the time. She testified she is good behaviorally but still went to PACE to get her back on track academically. She is followed by a cardiologist, Dr. Martinez, due to a "leakage in her heart." She is prohibited from doing P.E. at school. Dr. Martinez told her it was due to the accident. Brown's medical bills to date total $$37,171.50. F. Jae Kwon McGee Jac Kwon McGec is in 11' grade at Atlantic High School and in the IB program. He suffered blunt abdominal trauma rupturing his spleen which was surgically removed. He recently began eligible only for the IBCC Certificate instead ol'being eligible for an IB diploma because his grades fell, which his mother attributes to having to miss school for bei ng sick. He played varsity basketball last year, however, she is not allowing him to do so this year because they are focusing on his grades. 407 of 703 Bolden Y. CBB Mr. Charles Magazine Page 41November 7, 2012 He does not want to play football because lie is seared of being hit in the stomach area (spleen removed), McGee is only followed by his pediatrician. He gets shots yearly to prevent him or lessen the chance of him getting sick due to the spleen removal. He had to be taken to the hospital last year because of fever over 100.9. He also has seen a plastic surgeon who advised against scar revision, McGee's medical bills to date total $56,716.40. Plaintiffs' past medical bills to date exceed $248,000.00. The above referenced medical bills do not account for any future medical care which will certainly be incurred by all Plaintiffs as their injuries were severe and permanent in nature. Florida Statute § 768.28 (2006) provides in part: (5) The state and its agencies and subdivisions shall be liable for tort claims in the same manner and to the same extent as a private individual under like circumstances, but liability shall not include punitive damages or interest for the period before judgment. Neither the state nor its agencies or subdivisions shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $100,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or ,judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $200,000. The t� medical bills in this case alone exceed the statutory cap on damages. Liability was contested by the City. It is undisputed that on March 3, 2006, Sergeant Crowell was standing on the corner of NW 3" Street and NW 12` Avenue in Boynton Beach, talking to a small group of individuals. His patrol vehicle was parked on t.lie southwest corner of the intersection, and was partially in the roadway. Just after 7:00 pm at night, Sergeant Crowell observed Dedric Grover approaching in his vehicle traveling east on NW 12' Avenue and approaching a stop sign. Mr. Grover attracted the attention of Sergeant Crowell because there was "[v]cry loud music emanating from his [ Grover's] vehicle." Mr. Grover admits that his music was on and it was loud. Sergeant Crowell asked Mr. Grover to turn his music down. Mr. Grover turned his music down, but then, according to Sergeant Crowell, Mr. Grover turned his music back up. As a result, Sergeant Crowell flashed his flashlight in the direction of Mr. Grover's vehicle to get his attention, and asked Mr. Grover to pull his vehicle in front of Sergeant Crowell's patrol vehicle so that he could issue a citation to Mr. Grover for loud music. Instead of pulling over as he had been directed to do, Mr. Grover instead accelerated and drove off down NW 3r Street. The reason Mr, Grover "hauled tail" after Sergeant Grover asked him to pull over was because he was scared of the police and did not want to be harassed. After Mr. Grover drove away down N W 3`d Street, Sergeant Crowell radioed that a vehicle had taken off southbound down NW Yd Street. Sergeant Crowell then walked to his patrol vehicle, 408 of 703 Bolde❑ v. CBB Mr. Charles Magazine Page S /November 7, 2012 got in, and proceeded to drive down NW 3" Sheet. As he approached the intersection of NW 3` Street and NW I0" Avenue, Sergeant Crowell slowed and turned on the lights of his patrol vehicle. At that time, Mr, Grover was approximately two blocks ahead of Sergeant Crowell, Mr. Grover saw Sergeant Crowell in the distance behind him, saw the red and blue lights flashing on the patrol vehicle, and understood that Sergeant Crowell wanted him to stop. However, Mr. Grover refused to stop, and continued driving down NW 3r Street. Mr. Grover then ran the stop sign at NW 3" Street and N W 6'" Avenue, and collided with the Plaintiffs' vehicle. At the time the accident occurred, Sergeant Crowell's patrol vehicle was two blocks behind Mr. Grover. All Sergeant Crowell could observe of the accident in the distance was taillights and headlights. It took Sergeant Crowell ten seconds alter the accident occurred to arrive at the scene. Thirty -onc seconds elapsed from the time that Mr. Grover drove away from Sergeant Crowed at the intersection of N W 3` Street and N W 12" Avenue until Mr. Grover made impact with the Plaintiffs' vehicle at the intersection of NW 3` Street and NW 12 Avenue. Twenty -one seconds elapsed from the time that Sergeant Crowe]1 began to drive his patrol vehicle on NW 3` Street until Mr. Grover impacted the Plaintiffs' vehicle. Only twelve seconds elapsed from the time that Sergeant Crowell activated the lights on his vehicle until Mr. Grover impacted the Plaintiffs' vehicle. At the time Sergeant Crowel I turned on his lights, he did not consider himself to be in hot pursuit of Mr. Grover. From the time Mr. Grover drove away from hi in until the point of impact, Sergeant Crowell took no other action than to briefly use his radio, enter his patrol vehicle, drive down NW 3"' Street in a straight line, and turn on his lights. It was the City's position that Sergeant Crowell was not in hot pursuit of Mr. Grover prior to the accident as 31 seconds elapsed from the time Mr. Grover drove away from Sergeant Crowell until he made impact with the Plaintiffs' vehicle. The video is clear that Sergeant Crowell walked to his vehicle in no apparent rush before proceeding down NW 3 1d Sheet. Additionally, only 12 seconds elapsed from the time the lights and sirens were activated until the impact occurred, and Sergeant Crowell's patrol vehicle was two blocks behind Mr. Grover. Plaintiffs, however, contended that Sergeant Crowell's decision to initiate and continue to pursuit of Mr. Glover as well as his actions during the course of that pursuit were negligent. In other words, that the pursuit was conducted in a negligent manner. Plaintiffs also contend that Sergeant Crowell overreacted when he pursued Grover over a noise violation. Plaintiffs also argue Sergeant Crowell violated the City's own policies governing pursuits which is evidence of negligence. While we certainly believe we had a good argument on liability which is also supported by the video evidence, this was a residential neighborhood, and, initially this arose out of a noise violation. If a jury assigned just 10% fault to the City, a judgment would still exceed the $200,000 statutory cap once fixture medical costs and pain and suffering were taken into account. Five (5) of the Plaintiffs were minor children who sustained significant, life- altering injuries. Even if we litigated this case to conclusion with a defense verdict, the cost of defending this matter, as there are six (6) Plaintiffs, through a trial and potentially a subsequent appeal would have far exceeded the 409 of 703 Bolden v. CBB Mr, Charles Magazine Page 6 /November 7, 2012 total settlement of $97,999.98. Therefore, the most economical decision was to resolve the matter. Therefore, we believe that the above settlenient(s) are reasonable and recommend the City Commission approve same at their next upcoming City Commission meeting. Please advise me of the date this is expected to be put before the City Commission for their approval and the outcome of same. e a •d s, i ll JAM IN L. BEDARD For the Firm BLS /Ick cc: Charlotte Lee, Meadowbrook Ins Group, via email: Charlotte.Lee�,meado`vbrook.com 410 of 703 10. A CITY MANAGER'S REPORT December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Report by Boynton Beach Police Department regarding crime rates in the Palm Beach Leisureville community. EXPLANATION OF REQUEST: Per the request of Commissioner Holzman, Police Chief Matt Immler will give a presentation regarding crimes rates and statistics for the Palm Beach Leisureville community in Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not allow presentation 411 of 703 10. B CITY MANAGER'S REPORT December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Approve continuing the Agreement as further defined herein with DavenportLawrence for Phase 2 of Project Management Services for Utility Water Meter Technology Migration for (a) Transitional Project Management Services, (b) AM Meter Infrastructure Project Management and (c) Process and People Design Change Aligned with Customer Information Systems for total estimated fees and expenses of $212,500. EXPLANATION OF REQUEST: On April 17, 2012, the City Commission approved an Agreement with DavenportLawrence for Phase 1 and Phase 2 for Project Management Services for Utility Water Meter Technology Migration in order to assist and to advise the City with Predeployment Project Management Services. (A copy of the signed Agreement is attached.) At that time, it was agreed that DavenportLawrence would provide ongoing support in Phase 2 at consistent hourly rates that were proposed and approved for Phase 1. However, the Project Management Services for Phase 2 would continue at the conclusion of Phase 1 on September 30, 2012 consistent with the previously authorized services as now detailed herein. Phase 2 is for an initial period of October 1, 2012 through September 30, 2015 (the projected time schedule for technology migration) with the option to renew at the same terms, conditions and prices for one (1) year periods subject to consultant acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. The Agreement will automatically renew for each period unless cancelled by either party in accordance with the Termination clause of the Agreement. DavenportLawrence and City staff members recognize the components of the project management scope as noted above AND additionally recommend components of back 412 of 703 office technology /systems design and process enhancements within Customer Relations for Phase 2 as follows with a project completion target of April 1, 2014. 1. Project Management Services (Transition - October 1 to December 1, 2012) The transitional period of Phase 2 — AMI Meter Infrastructure Project Management during migration included the following components: 1. Performance Measurement (Weekly Project Calls, Status Reports, Monthly On -site) 2. Vendor Coordination (Collaboration with Sensus, Line -Tec, and SL- Serco) 3. Schedule Adherence (Project Planning and Milestones) 4. System Acceptance / Warranty Management (Equipment Performance and Corrective Measures) 5. North Tower Site Selection and Authorization 6. Field Work Order Management Process Design and Management 7. Technical Support- Field Work Order Tool 2. AMI Meter Infrastructure Project Management (70 Weeks) Dave n portLawren ce will continue oversight of the project management responsibilities for the City's AMI project through coordination with project team members, SENSUS, SL- Serco, and Line -Tec. The scope of Phase 2 Project Management will include a gradual reduction in project oversight as milestones are achieved and project control is gained by Meter Services and Line - Tec (installer). 1. Performance Measurement 2. Vendor Coordination 3. Schedule Adherence 4. System Acceptance and Warranty Management 3. Process and People Design Change Aligned with Customer Information Systems (CIS /SunGard) a. Human Capital Resource Management 1. Resource Allocation 2. Technology and Training for Efficiency 3. Functional Integration and Staffing b. Customer Relations and Customer Service Process Support 1. Customer Pay Options 2. Accuracy and Function in Account Management 3. Communication Tools and Effectiveness in Service 4. Counter Support and Customer Relations Best Practices c. Back Office Efficiency and Systems Design 1. SunGard CIS Evaluation and Business Process Alignment 2. Data Integrity Solutions 3. Transactional Processes and SOPs 4. Work Order Management Integration and Performance (Field to Finance) d. Revenue Collection Procedures 1. Effective Internal and External Collections Processes 2. Reversing Trends in Aged Delinquencies 3. Revenue Policies Aligned with Execution and Benchmarks 4. Utility Revenue Leakage Assessment and Resolution HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? As the foregoing areas contribute substantially to the overall success of the AMI, the City will be able to more effectively leverage the investment and the strength of the technology throughout the utility customer account "system ". The importance of managing the AMI capital project as a 413 of 703 system cannot be overstated given the negative influences to the strength of the meter reading technology if other components of the system are not properly designed, aligned, and applied. Through functional and process improvements to the Customer Information System and Customer Relations operations, the City will improve customer service, lower operational costs, and improve collection of utility revenues (increase customer collections, reduce account delinquencies). FISCAL IMPACT: Fees for this project are paid from the Utility Capital Improvement Fund 403 - 5000 - 533 - 65.02, Project WTR 138, budgeted in total for $3,194,634 for equipment and services in the adopted FY 2012 -2013 Capital Improvement Plan budget. The fees for (a) Transitional Project Management Services, (b) AMI Meter Infrastructure Project Management and (c) Process and People Design Change Aligned with Customer Information Systems are fully funded through reductions in the project costs associated with the work of DavenportLawrence in contract negotiations between the City and SENSUS, the meter vendor. Phase 2 fees are determined based upon the agreed and approved scope of services. In addition, Phase 2 will require substantial on-site analysis and initiative implementation contained within the Scope of Services by the Project Team. Out-of-pocket expenses se for travel reimbursable in compliance wi h City of Boynton Beach travel reimbursement rates based on per them allocations. • Project Management Services (Transition) $ 28,205 • AMI Meter Infrastructure Project Management $ 67,045 • Process and People Change Aligned with Customer Information Systems $ 99,330 • Out -of- Pocket Expenses 17,920 Total Fees & Expenses Based on Scope of Work $212,500 The fee allocations are based on consistent hourly fee allocations (as represented in the original Response to the RFP and the previously signed Agreement) and time estimates for each of the major categories of the change management process with the inclusion of a functional consultant for SunGard and Customer Service Subject Matter Expert (SME) as follows: • $145 — Project Manager • $145 — Project IT Lead • $135 — SunGard Functional Consultant (Added for Phase 2) • $135 — Customer Service SME (Added for Phase 2) • $ 95 — Project Field Inspector • $ 65— Project Administration ALTERNATIVES: Do not continue engaging an external Project Manager. However, due to the complexity and unavailable internal staff time and skills necessary to support this engagement, staff highly recommends engaging an external Project Manager to manage this multi - million dollar transition project for the City of Boynton Beach Utility to help mitigate risks and reduce overall cost. 414 of 703 is - 0'i 1 CONSULTANT AGREEMENT FOR "PROJECT MANAGEMENT UTILITY WATER METER TECHNOLOGY MIGRATION" THIS AGREEMENT, entered into this 17th day of April, 2012, bEMra Y I* Jr Mtpdlks, Mied� a political subdivision of the State of Florida, hereinaFthr referred to a! W 7TP, = hereinafter referred to as 'the Consultant", in consideration of the nMMM MMMM� MRM. MM MIMMIMMI hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the services in connection with the project designated PROJECT MAMA (Elk Wit ifTr !! METER TECHNOLOGY MIGRATION. 2. TERM The taww al "A ENT shall for an initial periart %std OMOWAft 3J, 1 015 (the projedai in& sale" I& fm%nology migration) with the oprom lip now M Me no" terms, condititIIIIIIIIIIIIIii� " 1M■ ! Akb M year periods subject to MaaaAW waliiweg satisfactory performs ■1r � OR renewal will be In the best i� i ! Ift.19■ M EMENT will a4MMMlMW R tir period unless cancelled by MMM a" i1 !t with the TermiM10 etriMM If IV ENT. /. • iii &mdbnt agrees to perform the sersiasa in *ml imisding the r1 A Harr, rria/i, quipment and supplies, identifier) iu be EIIIII., !■ 1 dated , i� irMi>i by reference as if attached harsh 1. �rarawaiaa/aw ■ MlMMM 11111 !•Tti4ement /. as !Ia'aMirM !. �aisWaw MHt �doplood MEMPAida l� pct to modification) 1 Ma�nertee Meesarement Tracking 3 r s Papplimpi kni ller) Oversight 3 �! MrlrHraafirel Transition of Work Pro A Management and Compliance I .000M Oversight and Issue Management ■ Prw PAYMFAV. 04 CV� *W Mai Consultant in accordance with the following Hourly Fee S ard plus oubelpa arpaaaa is 1r� Policy for Phase land Phas2 $14 /Mf —!VMM� $14P /[■M ITS $ 96 / Fiwr F $ PhM M Mddd'IMM M M 806t PhM / OW*IN in MI W 415 of 703 sL !r ! IiM E 11 . Al �11i, dam, � id other h! tic A till I�lj� bier this afwrt the Est fer n aye made is e M iWsiM woes, espies, of aei e�sisiaee it irk aireeee ad wr it ni ■ensultant's 1. ZMALumUt t wit L M& Mwiwm rr6m. w � MMr �+r Md by this ■acme �, !1 d =111 = M ■ fi�4 ! WO MI drrr, e■inances d♦I � >•>• � � fR Ala � t� r,� � ��. 1 ABOWNFOATM. 1lw* wl stwl dd nd end kew 66iiiiihm 11! 04, 16 offices, ap d dmo§Akg i l! al mites, laeaea eir i� oraW �r thereof, � !1� = ! IM 91 9 ! ■ � NEAR injuries, MM! d=OrVqIW 4 h l W fR� JIM= = V /d by a ww �l sel ew "Opkasw irs lash. h ! 0006PU fS of this 1+1� or I f' 0 per sewweeae w+i 1, ewdi4, regate ba Paapafaj g eef iar�aeae 1� :ems ,�. i i r f Nor ad and ■ Pesii"M PwhrY ■ iensstl i�w1 1 wwej�l�r thiMl yys prior wine sie fL W art rarnasr es +M�d seirr stteA be rehend to the � lrl� � ilk frilly d'!.ltll� ®. MAIN~ 1 lips dessusm and the qq IF W iede*saial eeeiasterr�i nspat tae ii i - s � �lrx aei +rP� suPOW llii 3 the � � cif �• �i �* � ■Il � iidset�_ ! �■ � f i �ridfl +� � sr isMrss redusi Nnsi � rseieF q+*9low"A�a Pruian R"VIOWa ism&mint werwri list 16 ion PM wspioyed or r� MOMW Jr Imo. i !s a ea jrie be ul it t, i 11111111W ! 004M 111116111111111111 W ■ VW _� i waift ��tr or person, JWW Eft load. a, rR wes OW ether e Owmliisn ewrtii0it Lpen w *O+f f mllh�l gF mak ng PW hraesh er W eF fry ■flirt ! l! without r, a ist the sswYest�we sr ePs�w r��er, the 1..,� e.a'irrl.et IR DWaMMMM I PRIONWEa Fl,a oerieeKe '�l+r 1� ! ,�llF, M■ ■.t ieolwiaets ea l� p.wid■ o.MR r�li�w��y f+� �. !r � � Itl! df � �t.....rt fa.ist� Me esteal.n.eid r wr�iepw SIT 'less 6noWbet m*m wi w w w eny of the services covered tff � i! �e etrpaaae+�is eseaeaief fAe� f3 rEFI il*11her OM OPrWMETWINVO /AGREEMENT or anytime limitation ter *� h An ekd ■st esessaMM s weaves oftny other provision 416 of 703 14 TERMINATION a. The City reserves the right ti terminate this AGREEMENT A &W rr by #it tan rW "p written notice to the Consultai b. In the event of the death of a member, partner or ofrraar *f Ow IV It 11 supervisory personnel assigned to the project, the survivir� iwaiara 6w+aa�a�+Y agree to complete the work under the terms of this AGR�T�� b rib as hip an City. This section shall not be a bar to renegotiations of — -, members of the Consultant and the City, if the City so choovs UTES Any dispute arising out of the terms or condi ! M sfi V dicated within the courts of Florida. Further, this AGREEMEK MIN AM � 0 DICES. Notices to the City of Boynton Beach shall be sent to the following address: Wa`h T. GWRW Niiiii�ii, pL X3425 -0310 NotioN tit tt AN be saMb be Yard Wba I• 111116dj 1111111ANS012, Suite C 1W t , FL 33410 1P M(PR&RAW A6&T. This AGREEMENT, togeth W "I MENT deride, mpiaes& tbs sirs aW Wkja ted AGREEMENT between t and 01 4= representations, or agreemen MM O�EryIW hstrument signed by both City �. ■ 417 of 703 IN WITNESS WHEREOF, the 0 multiple copies, each of which F A RNNP*MW � this 17 day of April, 2012. CITY OF BOYNTON BEACH - "e. - 'Z' I /" - I City Manager Attest(Auth en tica ted. (Corporate Seal) 4 Approved as or OfrkmMf the City A VA ti ■ 418 of 703 10. C CITY MANAGER'S REPORT December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Accept staff report on Civic Engagement and Community Outreach for discussion and direction to address Advisory Board recruitment and citizen volunteerism. EXPLANATION OF REQUEST: No organization exists in a static environment. Social, political and economic trends continually impact the demand for its offerings and services. Even as advances in technology present new opportunities, they also generate new expectations. Needs and community demographics are all subject to change. So too are methods for delivering programs and services. It is therefore essential that moving forward, the City have a Strategic Plan that reflects the needs and desires of the community. Programs, services and operations should periodically be reexamined and reshaped in light of current realities, future projections and budgetary resources, and implementation strategies be put in place to realize the plan. Civic Engagement is a key part of good governance and strategic planning as it gives policy makers better information to support their decision - making, program development and service delivery, while meeting rising citizen expectations of government transparency and responsiveness. The goal of civic engagement is to ensure that the decision - making is well- informed and offers citizens the opportunity to contribute their ideas and knowledge to policy development. An engaged community generates new ideas and solutions; offers greater diversity of views; builds trust in decision - makers; promotes mutual learning between participants; provides insight into previously unknown special needs; improves relationships with the community; fosters mutual respect among stakeholders; and results in strong, sustainable outcomes. 419 of 703 The challenge that has been facing Boynton Beach is how to recruit members of our community to participate in civic engagement. When embarking upon a community outreach program it is important to first identify who are the people that we want to reach out to. Why are we reaching out to them? What are we trying to achieve through community outreach? If the goal is to fill vacancies on existing Advisory Boards, then we are forced to take a closer look at the goals and objectives of the Boards themselves. We also need to understand the demographics of our community and what the drivers for volunteerism are. Boynton Beach is a very diverse city with a median age of 42, according to the 2010 Census. Preliminary research indicates that there are three major categories, divided into age groups, of people who have an interest in volunteering. Although the motivators may appear different, there are unifying themes between the groups. Baby Boomers (born 1946- 1964), are coming up on retirement but don't see themselves slowing down as they age. Many will be just as active as before, but they will be looking to replace their old jobs with a cause they are passionate about. Many of these individuals are now leaders in their professional lives and want work that will be satisfying and will become frustrated if their expertise isn't being utilized to its fullest. Many of the individuals in this age group are looking for more challenging opportunities, additional flexibility and unique experiences. Generation X (born 1965- 1981), otherwise known as post -Baby Boomers, are connected to communities via home ownership, children and more stable employment. Most are starting to climb the corporate ranks but also work very hard to balance work and life, as they are likely to have school -age children still at home. The group as a whole is known to be very independent. They want to be involved in shaping the communities they live in, but have challenges managing their time between work, home and volunteering. They are also likely to be resistant to micro - management and want to volunteer in their own "hassle- free" way. Millennials (born 1982 -2004) are interested in a wide array of volunteering types and time commitments, from micro - volunteering opportunities, to one -time volunteer events, to family and group volunteering, to leadership commitments. Millennials want to use their backgrounds and skills to help nonprofits and influence public policy, and they're ready to harness the impressive power of their online and off line networks to do so. According to the 2012 Millennial Impact Report, 58% want short -term volunteer commitments. What this preliminary research indicates is that we need to re -think the volunteer opportunities we offer within the City. Based upon the preliminary research, the first overall impression is that the work should be challenging. All three groups have ranges of skills and abilities that they want to utilize. Next, the work should be meaningful. They do not want to waste their time and will volunteer for projects that have specific goals and objectives and a definable end result. And finally, the time -frame has to be flexible with meetings that work for everyone and can be adjusted as necessary, with a project timeline no longer than a year (3 -6 months preferably). 420 of 703 In order to maximize the potential for volunteer recruitment, existing Advisory Boards should be carefully evaluated for social, environmental or economic significance, and specific projects and committees should be identified through the Strategic Planning process that can be marketed through active community outreach. This challenge is not unique to Boynton Beach. In fact, last week there was a news report on Boca Raton's advisory board participation. They've experienced a serious decline in the number of volunteers. Traditional approaches to volunteerism are no longer effective. Communities throughout the country are addressing this problem and there are several models from which can we learn and develop new approaches. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In order to address civic engagement and community outreach, several programs have been developed, implemented and /or identified by staff and community partners. • The Gateway Program, developed by the Human Resources department, is an internship program designed to Get Aspiring Talent Exposed to Success in the public sector. The design phase of the program is complete and implementation is currently underway. However, in order to maximize awareness and participation in the program, outreach efforts need to be continuous. There are many effective ways to reach out to the target market of students and academic institutions, but acquiring the resources to do so remains a challenge. While conducting site visits to develop relationships with local academic institutions ranks high on the list of outreach efforts, City website advertisements, creation and distribution of print materials, social media use (Facebook and Twitter), giveaways, press - releases, and word -of -mouth remain fundamental approaches to selling the internship opportunities to talented individuals. • Footprints on Boynton Volunteer Program is intended to offer opportunities for all the citizens of Boynton Beach to prosper and thrive by working together to provide services and complete projects that meet the needs of the community. Also developed by the Human Resources department, this program is in the implementation phase. Outreach efforts are needed to promote to different groups in the community how they can each be engaged in responsible and challenging movements for the common good of their City. The outreach methods mentioned above, namely the use of the City's website, creation and distribution of print materials, social media, giveaways, and word -of -mouth will all be useful in this case. But it will take the allocation of time and resources for the accurate tracking of effective outreach efforts, placement and volunteer hours. • The Collaborative Initiative combines the efforts and resources of the City, CRA and Greater Boynton Beach Chamber of Commerce working together towards the common goal of moving our city forward into a prosperous future. The Collaborative joins government, business and residents working together to Build a Better Boynton. A series of Community Outreach events have been planned to meet with the citizens and businesses of Boynton Beach, share the good news of the great things happening in Boynton, and receive feedback on the needs and desires of the community. The second event in the series will be held on January 30, 2013 at the Boynton Beach Library. • Economic Development activities focus on economic development plans, community development, and the use of quantitative and qualitative methods to address social, environmental and economic needs of the community. The City 421 of 703 is actively recruiting a Manager of Economic Development who will work with the CRA, and other public, private and non - profit agencies and groups to identify economic development goals, strategies, and projects that will enhance economic development, promote business retention and development, and promote job creation in the city. An integral part of the plan will include marketing, outreach and community engagement to energize and focus the community on a holistic approach to creating jobs. The City needs to invite everyone to join the conversation to elevate our community's unique attributes and demonstrate why we are the prime location for job - producing investments. Brand Promise Culturalization is also part of that process. Through the creation of the Brand Promise by our community stakeholders, we have begun identifying our community's unique attributes. We held our Employee Kick -off for the Brand Promise on November 28, 2012 to begin training our employees on how to become ambassadors for the city and incorporate the Brand Promise into their everyday roles and responsibilities. But there is still much work to be done. With the knowledge we have gained thus far we can begin to market the Brand Promise to our community. Through a Customer Satisfaction Survey we can confirm we are moving in the right direction and offer the citizens and businesses the opportunity to become part of the on- going, strategic planning process. Another aspect of our Brand Promise Culturalization is the Education Initiative which is a major undertaking to identify and market the many excellent and diverse educational opportunities we have here in Boynton Beach. Civic Engagement and Community Outreach is vital in achieving the goals that have already been identified and for determining what other services and programs are needed and desired within the community through a strategic planning process. As an organization we need to work smarter by targeting our outreach efforts towards the citizens that need to be engaged in the process and by creating those responsible and challenging volunteer opportunities that will help to Build a Better Boynton. FISCAL IMPACT: All civic engagement and community outreach efforts to this point have been achieved with existing staff and budgetary resources. However, going forward in engaging civic participation to the level that will be meaningful and helpful, staff will need to obtain the services of a marketing professional through various phases of these programs. Ultimately, when our budgetary climate allows, staff recommends creating a position for a Communications Director /Manager to spearhead and grow these and other programs into the future. 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Q�� C � "` ce C Q cc E O1 N W E C o W mn Y E L kw. C N C ?� N cc o >> o c .. -a G ILI 3_ o � o•m w c C c c 'in c�� G .. w y N 0 ° s Y d N i0 W U ¢ Q N d� ,�_O1. E r w Q E= v+ mEE E�'p O C C a aim N m ac U an > 7 8 a o 8 a c ` c� N cw E E m$� E E a v u c u ¢ v L Oa N O ut ~ N O O .0 d T 3� cp N va a� •..,. y ru N a cl Q C v v Z N a7 Lu 6 V C 'NQ y f.0 xQ �~ EQ 'rnc�Qa�iu 'n c a�� = d3 E L C) o N J C � Q -a O c Z 2 U H via 8 E :3< "a cm�m cQ U rn Of E a )o 0 obi � v c vE Ea N NO Lc ~ U OOO _ N L °'"d v V UocccoE H a/ ad .' vi C '- Ol • In v L vi E E � cu U v d U f m ,t �afinQ�Qf dm HF Ffm ;rat a � a a Z aH Z M 1D Y� M 10 � r'. C� Y G�� u,�a MfA Qd 0 u 4 rA D 7 M Q G W W 7 vat O C F O Q f$ GO W � F N 3 W a LL a ti Z g W N � ^ Ce a. O v Z Lu �m '^ W a oe � o O y 5 y c LLI ° a LL o W oc c a O O a O to Z w W W Z U a' U W Z 4 Z OC Z a W 0 0 M N O O Ln 0 0 0 0 0 0 0 0 M N O N N O N O 0 0 a� 0 M M o O � o N M N 01 2' 0 v c v F E 424 of 703 The GatEWProgram: Information Packet The GATE Program 2 ' 013 Thrrir "u for your interest in the Cit* oP1iAl internship program. 11p feiie" pages contain information specific to application requirements, Ohs, and admissions. This opportunity is designed to parallel your e6ofies with relative profeissional exp1rience alongside Boynton Beach Re"nals. Work'in the public sector is gratifying and you too can soon some of the many pleasures of being a public servant. Sp2013 Getting Aspiring` Talent Jxposed to 425 of 703 Contact Information: Regina -Marie Cassagnol Human Resources Project Manager Email: FassagnQ1 @ -bb. fl -us Il Tel.: ('561)742 -6273 The Gat" Program: Information Packet Cover Photo Gout *sy of Charlie Crawford. "The Gateway Program: Getting Aspiring Talent ■mpowdirSuwwesr 426 of 703 The Ga4W Program: Information Packet 2 Table of Contents Synopsil i' id= ................................................................................................. ..............................] StudentMkWjMW 10 MMWI� ...................................................................... ............................... Graduate or Professional Studeriff :...................................................................... ..............................A Undergraduate Students:........... ................................ ..............................4 Compensation........................................................................................................... ..............................4 Application ................................................................................................. ............................... 5 GatewaySessions ................................................................................ ............................�. ProgramEvaluations ................................................................................................. ..............................6 InternBiweekly Reports ....................................................................................... ..............................6 Networking ............................... ................................ ..............................6 Terminations/Withdrawals from Placement ............................................................. ..............................6 Volunteer and Community Service Opportunities ...... ................................................................ ......... F "The Gateway Program: Getting Aspiring TaIMrbpa dtoIW&~ 427 of 703 The Gatea" Program: Information Packet F The Gates Program Boyntol. Beach Professioi ; al e s Getting Aspiring 7alent,.Fxposed to Success. Synopsis of Program The City of Boynton Beach offers diverse internship opportunities to students ate graduates from accredited academic institutions in an effort to provide them with valuable hands -on experience with which to parallel their academic studies. According to Dr. Stringer from the Universi4FmIl a Iews: %w purpose of internships is to provide students with a transition from the traditional academic curriculum to a practical application of theories, concepts, knowledge, and skills in a professional setting" (Stringer, 2004) In this case, students will be exposed to projects in I& municipal government setting. As they prepare to commence their future professional ca`" our hope that this experience will provide them with the necessary tools to succeed in their professions while instilling in them a deeply rooted interest in pursuing careers in the public sector. Student Eligibility and Requirement's The Gateway Program is extremely selective and only those with demonstrated potential to thrive in their chosen field of study get invited to embark on this project - intensive journey. Interns will work alongside Boynton Beach City professionals and will have many sources from mJM ■ draw information specific to their course of study while expanding their understanding of government. 1 Stringer, A. (2004). University of Northern Iowa Internship Manual. University of Northern Iowa. RetriewWll�n www.uni.edu/ stringer /docs /intemship_manual.pdf "The Gateway Program: Getting Aspiring Talent Exposed to Success" 428 of 703 The Gate" Program: Information Packet r� Individuals applying to the Q ii ng P4� � in dergraduate or graduate program at a college, city MAW 90j�ity or vocational/technical school, or must have graduated in the past two years from an undergraduate or graduate program at a college, community college, university, or vocational/technical school. The following requirements must be met in order to be considered for placementi Graduate or Professional Students: • Proof of a 3.2 graduate program G.P.A. • Matriculation in a related field of study. • Be &b Ed Ei&MW-VWJ a minimum of 25 hours per ME& f � by the academic institution. Hours vary by office. Some assignments may be full -time (40 hours /week). UnderWwAwAe StuAPAW • Proof of a 3.0 undergraduate • Matriculation in a related field of study. • Be able and willing to work a minimum of 25 hours pa 1l= f n d W >ty the Scademic institution. Hours vary by office. Some assignments may be full -time (40 hours /week). Compensation The majority of internship opportunities will be unpaid =lose will gladly extend letters of recommendation to interns who demonstrate professionalism and proficiency throughout their assigned tasks. School credit will be attained only when approved by the academic institution. Interns must mention this intention on N M or Finely consultation between Human Resources and the school. "The Gateway Proms Neft holi7 Talsm % eesdle 429 of 703 The Gate NEW= �M[ Packet Applicalpn Packed; Complete application packele must be soeei*4 @Aw by Human Resources price deadline as specified in the schedule of sessions below. A complete application packet includes: a Application for internship • Current resume q Letter of recommendatioil bEhft b=ho" Off ■ 1* fiMENIeAtitution) • Official Transcript(s) S ■ Personal statement (350 — 500 words essay expandir` w17M GYM W what you hope to gain from this opportunity) Gateway Sessions TP r Cif of bryo4 bmb offers three (3) distinct cessions for internships. Students who are interested in interning with the City of Boynton Beach should pay special attention to deadlines as application rn%m swomish wM not be accepted after the due dates except for some rare cases when it is not haelois to Rom 6e iwhs hip opportunity coincide w* in EJERWE 41*+qJMto the intensity of the related projects. "The Gateway Pro M" OPM 1 *Mr 430 of 703 Tabl! 1 -v 1MUMPA it fissions --Timeline The Gate lltrrti : hOmmAi m Packet PrograMi Evaluations Intern Biweekly Reports 6 Throughout the duration of the program, interns will be expected to complete an` `r Human Resources biweekly reportl related to a specific period of time. The report is to be completed every other week and submitted vi! e-mail. The following items will make up the report: 1. Biweekly Cover Sheet 2. Hours Log Sheet 3. Short answer essay which expands on the following: • Projects you are currentqr� • Key- points you feel you mw leans WWkig 06 period. • Anything else you may want to share. Networking While interns will have the occasion to interact with City of Boynton Beach Professionals, the opportunity to meet with Elected Officials may be arranged depending on the circumstances. Terminations /Withdrawals from Placement Interns are expected to act WV%MjMW Ed JkW FM the same rules and policieB M our general employees. Violation(s) of policies and instances of unruly conduct will be addrumdmE case -by -case basis and may lead to disciplinary action up to and including termination from opportunity. Veer and Community Service Opporfuni4p Individuals seeking community service hours, volunteer opportunities, or those v%pdrgd meet the requirements set above should look into our Footprints on Boynton volunteer program. 'The Gateway Prorwt: EA% AwpiAn Vent Exposed to Success" 431 of 703 The Gatev�m �j Program Boynton Beach Professionals Getting Aspiring Talent jxposed to Success City of Boynton Beach MP E. Boynton Beach Blvd. ]Wton Beach, Florida 33435 Application for Internship thone: (561)742 -6275 Fax: (561)742-6274 Name: Address: City: State: Phone: E -mail: Select the academic term for which you are applying: ❑ other 2012 ❑ Spring 2073 Summer Please select the Department (division when applicable) in which you are interested in pursuing an ❑ Business Tax ❑ Finance ❑ I.T.S. ❑ ■iic ■e& ❑ City Clerk ❑ Fire Rescue ❑ Library J1 PVM "Parks ❑ Development/Building ❑ Golf Course ❑ Planning and Zoning ❑ ■01 moment ❑ Engineering ❑ Human Resources ❑ Police `e" Please indicate the specific area that interests you (i.e.: Procurement - Films! MopWMW>!yt Number of hours that you are available per week: Summarize special skills and qualifications you have acquired from employment, previous volunte other activities including school hobbies orsports: Are you eligible to receive academic credit for your internship at the City of Boynton Beach? ❑ If yes, please provi the contact infor of our academic advis as requested below Y Academic Advisor Name: E -mail: Current College or University: - City: W S Major /Area of Study (if applicable): Type of degree you are pursuing: Date degree expecte Academic Level: ❑ Freshman ❑ Sophomore Lj Junior enior ❑ Graduate If you selected 'other" above, please specify h Ab: Rev. 432 of 703 Application for Internship State.. G.P.A.: y (if applicable): �►ed: Date degree receive ty. - .P.A.: y (if applicable): shed: _ _ Date degree receive its available online? ❑ Yes ❑ No (If no, please #Wde an official copy with the application) ledgment and signing of this form, I hereby understmW wW aelqqew)1p ft 06 serving as an intern Knot be compensated or be eligible for any benefits, wi 16h awarirr se Wiser's Compensation irk performed by me on a voluntary unpaid basis as aD 4 fw 40 C" if OWnton Beach. ty of Boynton Beach, Florida for any injury sustained i IMMM@n Aawami oe a. result of the s as a volunteer worker for said municipality, and fuK6VJIM In hft 1* Cftof Boynton Beach ims or damages incurred by the City as a result of my eaima ox I ack nowledge th at I have read and understand the statements above. HaveJJF#4 1A convicted of a felony? ❑ Yes ❑ No If yes, please explahl IM information contained in this application to be true and correct to the best of my knowledge. I agree ents in this application shall be sufficient cause for rejection or dismissal. I authorize the use of is application to verify my statements, and authorize all my previous employers (except my less I consent thereto) and other persons, including but not limited to school authorities, having Die to release such information to the City of Boynton Beach. I hereby agree to release the City of %prida, from and against any and all claims, causes of action, or liability of whatsoever kind or W& have or may have in the future, arising out of, or in connection with, person(s) providing the City with information about me in connection with this application for interning or volunteering. BOX I ACKNOWLEDGE ALL OF THE ABOVE TERMS middle, and last name): p L mendation Q ill" bu neipt (If not online) Mill Resources Project Manager submit the application, please click on the button low or save and e-mail it to cassagnolr @bbfl.us plications will not be considered until pplemental documentation has been received. Rev. 08/12 9111r.4ft 433 of 703 Footprints on Boynton: Volunteer Program 11*City of 80 7Mon Bach Footprints on, 'Boynton! \Volunteer Program ,,wr' Fw- atiarr, please contact. 1 ,QQ, Ea,$t Boynton Beach Blvd. Boynton 1 '%, &161-i0a, M435 'Nal.: (561) 742 -6275 Fa[.:�W742 -6274 "Leaving your Ma eaningful Service." 434 of 703 Footprints on Boynton: Volunteer Table Of Contents To our Prospective Volunteers: ........................................................................ ......................... ............... 3 What is a volunteer? Why should you volunteer? Who can volunteer? Where can you volunteer? .................................................................................................................................... ............................... it About City Government .................................................................................................. ............................... E About Footprints on Boynton! ............................................................................................. ............................... i Application ................................................................................................................. ............................... 5 Orientation. ............................... - '...... .............................�1 Supervision ....................................... ............................... ................................................... ..............................� City Hall Hours of Operation ................................................................................................ ............................... g Useof City F9uipment ............................................................................................................ ............................... 6 Ethics .............................................................................................................................................. ............................... Solicitation ......................................................................................................................... .........................�..... Internship Opportunities ....................................................................................................... ............................... a ADAStatement ........................................................................................................................... ............................... 6 Rules Expectations .................................................................................................. ............................... } Volunteer Application ...................... r. ................................... . ..... I. ,.. ........ ..... ............ ............. 8 Volunteer Hours Log Sheet ... ................... I......................_......... .. ■......................... ;,. ■....;x......10 VolunteerEvaluation ...... _.. ........ s. ................................. ■...........,............. .............................11 Volunteer Assessment of Program ...... ■ ... ... .............. . .................................................... _ ... . .... 12 "Leaving your Mark In the World through Meaningful Service." 435 of 703 Footprints on Boynton: Voluntedr Mrl#%b Tb our Pros'peotive Voltin'teers: Tha& ywa Fw ywsw ia� im 1'aabrk e!'@lno ft Qyl} $ off" MM1 Xhji. 9re dPPNaAk yam ammailm to making ■ use kvW eswiM #re ownumnio. VeltMering with to C�b d)j j � is i L�W mama@@ Werience in W 6wL y%w wA Now f ft moo mw ropy4 W% pip exprj r ENO % Wes! ib s fw &MAW way. Whorl" w r ass 6W% % Nswwr nvfwirst rswr rppi*� mark in the w MW WWWO P% ff EMM I NIM % MEPIM &Mdated community service hours, Footprir 06"4" aW Lina a ap at go 3wa. 'die is beemse the mission of the program is to build a waif eerffmUjty #awWo f i 4W Sl VPWIWent of diverse volunteers within the City of MWI,~ 06asMk NLirU yew iiawi& to wvew ywu will j oin many other Footprints volunteers afire dwK" 1lreir Brim Pad !Plea! Ar � of this beautiful community. The work of 4' Nft � iii. tiW5 1ppMjLr .5Wb r1w emu /tat serve the community to the level that we do w4ewt §nirwwA&oiPw! There are many ways that you can swats an inVest w w Feelgrints Volunteer! While the governing body of the City has the 061WIN of MEMM is health, safety, and general welfare of the City by providing the citizens wdL awawary raNis oavices, you can help the City to: D Extend and enrich the serviaaa ywy beg a0w" a Increase direct services to tke qjjrr i# ti♦ amity. .o Build a closer relationship miL U aawmuall } Supplement the work of the reseeaao. ms See that Boynton Beach rerMB l 09� drat ■ mAiar Is 061* we&, iwitaA, and raise a family! Community support and engagement are key factors in bringing out the best in a city and its government. Interested and enthusiastic volunteers can aid in bringing about the unification of citizens and staffinto a Harmonious team. As a volunteer, you will have an opportunity for meaningful service to, and direct participafion in, the operation of your City government. Once again, thank you for your concern, interest, and involvement in the community of Boynton Beach. We look forward to what we hope is a long and productive association. Sincere!' Hunan Resources Department City of Boynton Beach Ray. 11/201,1 "Leaving your Mark In the World through Meaningful Service." 436 of 703 Footprints on Boynton: Volunteer Program ti NNA& IhM� Why should yoq volunteer? %%q can volunteer? Where can you yolunf? WHAT? A volunteer is an individual who sees a need aad is concerped and willing to do something about it. It is a person who, of his /her own free will, contributes talents, trine anal services to a program without pay. Volunteers supplement staff but do not replace them. WHO? Residents, non - residents, adults, seniors, and youth ages 15 and up are all welcome to volunteer with the City of Boynton Beach, WHY? Volunteering gives you an opportunity to hey iden*fP community needs, do something wa share your talents, have a lasting effect on the c Ynum , learn new skills, ga n experiences which may lea to employment opportunities, form new friendships, and more! WHERE? Depratment Administration Office Work Recreation and Parks Athletic Programs Special Events w About the Cit3 -Government The City of Boynton Beach is organized under the Commission/Manager fbrm of government. The City Gommission, consisting of five members, is elected by the citizens. The Mayor presides over meetings of the Gity Commission and acts as the official representative of the City at a variety of activities and occasions. The City Commission appoints a City Manager who serves as the chief administrative officer of the City. The City Manager supervises City departments, is responsible for expenditures of all City funds, and coordinates the various activities of the Gity. Also included in the duties of the "Leaving your Mark In the World through Meaningful Service." 437 of 703 Footprints on Boynton: Volunteer Program City Manager is the overseeing of the execution of the various laws, resolutions and orders adopted and directed by the City Commission, Tlc YMmost aims of the Boynton Beach pw�ent. are to assure, on behalf of the lN6ft the health, safety, and general hire of fhe Cit}o, to provide the citizens wft i"essary public services and to make && a�nunity a pleasant place in which to iise aeei work. Every employee of the City LA a important role in providing these eereiees A.bolkt Footprints On Boyhfon! TL& a&ninistrators of the Foot im s Volunteer Program at the City ot Noytitoe Aaach are committed to citizens' rm4e jetion in the expansion and anent of City services provided tb 1 iveMleens of Boynton Beach. R"1flie program is not designed to have the 4e`r replace staff, but is aimed as volunteers serve a supplementary mi mrplimentary role. The Footprints on ■mpAm Program proposes that volunteers. eiIng Ifforded appropriate training, can a>ent present services and be valuable rammly m o f the service delivery system off' ■e Ck of Boynton Beach. I'* MW at M Ilse is W provide Soma* ro ey Citizens of Boynton Beach - lwwi6e jrem with an enriched prqpW of lervices without additional @a&. City of Boynton Beach —ems it lelivery system. r t- ,ity employees - provide them with a supplemental work force. 'r Volunteer - provide an opportunity for rireaningful service to, and direct plrtifioet j% ft qWation of hiW%w3y 1wmrwwA. We sincerely hope that each volunteer finds personal satisfaction in the knowledge that he, /she is contributing to the welfare of our community and to ensuring better lives for all our citizens. Application process fh order to be considered, all individuals interested in volunteering with the City must fill out the Footprints on Boynton Volunteer Applicaton Form and submit it to Yuman Resources. Volunteers will nor' be able to assume their positions and duties until the Human Resources Department has processed the application and the volunteer has acknowledged receipt of this handbook. Volunteers are subject to a criminal history check through the VECHS Program prior to being placed in their departments. All volunteers working wiAr vulnerable. population/groups will be subject to a DCF criminal history check. Depending on the nature of the volunteering opportunity, a drug screen may be required. A criminal record or positive drug screen may prevent you from volunteering. Orientation Volunteers will receive nmmAmwkR wi" will vary lly 16 paWl6i m& ipallnent. The goal *11" minm0im is to Wure that volunteers uA� 96 flip that will exis *mw mW4he e9wmization and also 1 SEWillift 10 fW1411111111 with the functions ei't61 emio. qkWartment, or activity'lilk VIU Milly will be associatell. Sffdexdj§ Each volunteer will be assigned to a IlLrmh supervisor when they begin their Piweteer job. The supervisor will be the maim 13i11a "Leaving your Mark In the World through Meaningful Service." 438 of 703 Footprints on Boynton: Volunteer Program 6 of information to the volunteer. Supervisors have the responsibility of directing volunteers in training, understanding duties, work schedules and volunteer related matrrs. Volunteers are encouraged to discuss any questions, concerns, problems, difficulties, misunderstandings or suggestions with their supervisors. If this does not resolve the matter, volunteers should contact the volunteer coordinator in Human Resources for additional assistance. City Hall, Hours Oi Operation The City )"fall hours of operation are 7:00 a.m. to e 00 p.m., Monday through Thursday. City. Hall is closed on Friday, Saturday, and Sunday. Volunteers who are stationer! at other sites may be needed on the weekends. Ass a welunteer, you play a vital roll ig !p 4qpVFmW. )W lely upon your help and therefore tMp= that you notify your super, ao Paoli iu a1116e oopossible, if you are unable to work em wq assigned day. This will allow Buns ter mi ■r for rescheduling where necessary, Ose Of CLty RquiipmgAt Telephoror - )iwir # r are available for limitld Igm M. CARk 90th your supervisor majvAllsp A6d6 prow you may use. Perwera� lel�ill�e �l� �l prohibitQ9. lb At aol df Niopb000s while conductiS Nl *m*q L be "l to identify yourself iii dlp�, wALM l pleasant tone of V"im Vehicles - Volunteers cannot operate any City motor vehicles. Machines - City equipment (computers, typewriters, copy machines, etc.) is only for the use of City employees or volunteers in the coarse of performing City duties and may not be used for personal reason. Before using any equipment, pleasocheck w4h your supervisor. E1lhilb No employee or volunteer of the City shall accept azy fee, glfl or other item of value in the course of, or in connection with, their duties. Solikcitation The City prohibits solicitation on or @4 CNN property unless officially approved by dw Gify Manager and/or City Cora. Printed or written announcemenil ~ anywhere on City property which kwl wA outside activities must be wthorized bk l supervisor. whip Opportunities UWP%Wls seeking structured internship %spsrMwdties should look into our GateM rpoillo— AIP.A Statetpent The City of Boynton Beach, Flori■K io w� Equal Opportunity Employer. In conobillin with the Americans with Disabilities lit IV U.S. C. 12101 et. seq.), tyre City of Beach will provide r accommodations to qualif ed individuals with disabilities and encourages both prospective and current volunteers to discuss potential accommodations with the Human Resources Department. "Leaving your Mark I& Alt 7orill iravo IllpmENJUNOMW 439 of 703 Footprints on Boynton: Voluntedr=WL Rules and Expectationg Volunteers are expected to act professionally and abide by the same rulers and polio M our general employees. Violation(s) of policies and instances of unruly conduct wil?be addressed on a case -by -case basis and may lead to disciplinary action up to and including termination from opportunity. Although not all- inclusive, this list contains some general rules: 7 Each supervisor has the sole responsibility for the operation of the center under his/her rasponsibility..Tailure to follow' The supeirisor'* instruction(s) will result in dismissal from the Volunteer Program. • All volunteers will be monitored by staff and given supervisory visits as well as in- pervice training. All volunteers will be evaluated regarding performance. • Schedule changes must be approved by staff. �A No volunteer has authority over other volunteers. • Volunteers are to assist staff and their actions reflect on the department, as wO City of Boynton Beach. • Always be consistent, fair, and courteous when enforcing the rules and regulations Always be polite, helpful and friendly to patrons, other volunteers aad employeet. * Maintain a professional appearance at all times. • Keep the staff informed of activities av the facility. Maintain accurate logs and reports. Most importantly, the documentation is essential for liability purposes. /always notify Itaff of any important and unusual events that occur. • Use of alcohol or illegal drugs is prohibited. "Leaving your Mark Fv *m VA@ ld teem* OMeaningful Service." 440 of 703 Footprints on Boynton NOEL Volunteer Ap u -mail: molmmIll Date to complete by: I Number of hours mmM P ate to complete by: INumber of hours diiiiiM Ph= iWiiidW WIN In MEMO program that cannot be rushed in order to meet applicants mss. you are interested in volunteering: ttaelrrees T� �Irrerrs� ❑ LTS. — ❑ Public works �� ❑ ! ❑ Library ❑ Recreation and Parr � F w�� ❑ Planning and Zoning Risk Management X17 1 ❑ Police ❑ Utilities Xou: Irarwr Volunteerforspeclal t you are available per we IIIIII J %neral times during which yo are available far volu nteer assignments: Weekd�Msrwlr�s ❑ We ay rnoons ❑ Weekday Evenings eekend Aftemoons ❑ Weekend Eveninja have acquired from employment, previous volunteer w& in UV IF]PmmW Beach in the past2 ❑ ves ❑ No de the department: lb t trMrC■�r .4 vol unteering experiences) if a li vable It�.asr. ttll■ 441 of 703 Volunteer Application Pace 2 oft Relationship: - - State: - E-mail: n: ItarsI I aar% &at the information contained b hb grbmih w Ill lli ltd correct to the best of my naaaa dr iowledgment and signing of bb hom I bwslr wd6elsnd and acknowledge that, selft N M&bM vMb� 11I not be compensated or be djIM ft go bon" jah the exception of Worker's Mrrt mark performed by me on a vehn a" vrMdklbmb as =intern for the City of Boynti�l�, M Alll W City of Boynton Beach, Florin Ur mW dudelag a or damages incurred as a rem_ M *fat pies as a volunteer worker for md b0her agree to hold the City o�PMb M MFjllaims or damages incurred * br Nip as a atati elf aV actions. ��boxI acknowledge that I have l♦ rasabove. Printed Name D Guardian if a minor N ame o f Parent/Guardian Relationship D Please send to: h Human Resources 100 E. Boynton Beach a' Tel --(561)742 - 6275 &aw � W� Rev. 08/12 442 of 703 Footp on Boynton Volunteer Program Human Resources Dep fl 100 East Boynton Bead Boynton Beach, FL 3342 Tel.:(561)742 -6275 Hours Log Sheet Name: Date: 1� Yea ❑ No Volunteer. Slgnaw Date Supervisor. Sig ura Date Completethis Sorm to R6gi� -Marie is tks �psp�! via e-mail or u a haai ms RBgina -Marie CassagnoM man Resources project Manager 100 B. Boynton Beach Blvd., Boynton Beach, FL 33435 E -mail: cassagnolr@bbl I R oL1561) 742 - 6274 443 of 703 AeeOpile on beolea: vsknor f"ram VOLUNTEER EVALUATION Name Facili Evaluation Date Volunteer's Signature Supervisor's Signature 1 Leadership skills 2 Initiative - works well without detailed instructions 11ssaiiiIs responsibility 4 Alto follow through with assignments 'A %=ty A M16Nasm 7 Attitud 8 Dependability 9 Friendly /cordial relations with public 10 Ability to accept guidance and criticis 11 Ability to work well with all levels 12 Care of I* 13 FacilityAw" Mwlle" _ 14 Attend #" 15 Punctuality 16 Personal appearancelfollows dress code COMMENTS RECOMMEND FOR USE IN FUTURE: YES( ) MR 7 "Leaving your Mark in the World through Memahq& 9ew�ee." 444 of 703 VOLUNTEER ASSESSMENT OF THE VOLUNTEER PROGRAM AA IW Iff ■ur continuing effort to improve our program, please fill out the following questionnaire 90 days 1W Wing volunteer work. All responses will be kept completely confidential. Do not sign unless you 70r6411D• 4. tW IWg have you been volunteering with us? Location? 2. Whit is the best experience you have had while volunteering with us? What is the worst experience? 3. To what extent do you think voluntei b& d@@@OW A5'IIIIII* alvff of the City of Boynton Beach? Well accepted Genf} wd seespIllbid II mUmme exceptions _Mixed reception _Geoird rdt+r3&AssioW, bA some exceptions Not wd eee4le* 4. To what extent do you think voluntgM Ew imgrNo 1p" lions that will affect their vo« Wr!* . Well involved _Sonvs*"W M90v r Not well involved 5. To what extent do you think volurtewr wassessolled k aw Wicipants /patrons? Well accepter pRwr _ Not well accepted 6. To whatlextert do you think voluntEM j vffw � No assignments they are given? Comfortabll I+r9WEMMjrable _Don't know 7. Do you feel that volunteers receive the City when they begin work? Yes No Don't know 8. Do you %W III enough training in how to carry out their assignments? Yes No _Don't know 9. In your experience, does your volunteerjob match the description of work given to you who you were interviewed? _Yes _Somewhat No find your volunteer work to be interesting, challenging and rewarding? _Yes Somewhat No 11. Do you think that volunteers are provided with sufficient feedback by those they work with? _Yes _Somewhat No _Don'1V= 12. Do you think volunteers have sufficient opportunity to advance in responsibility in this agen94 _Yes omewhat No Don't�r 13. Are there new areas in which volunteers might be of help in our agency? 14. Can you suggest any ways that we might use to recruit new volunteers? 15. Overall, how would you rate our volunteer program? (Please circle; 1= poor, 10 = excellent) 1 2 3 4 5 6 7 8 9 10 Comments: Please return ti1¢�Illllllll ■ 11110 445 of 703 Do you have IDEAS or SUGGESTIONS on how to BUILD a brighter future for Boynton Beach? Light refreshments and beverages served. *Free childcare (4 - 12 years), and pizza, will be provided at the Art Center WEDNESDAY, JANUARY 30, 2013 1 6 - 8 PM CITY LIBRARY PROGRAM ROOM 1 208 S SEACREST BLVD RSVP: FARAH PERSAUD 1 561 - 742 -6010 1 PERSAUDF @BBFL.US a E 446 of 703 ffm I 10. D CITY MANAGER'S REPORT December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Update on the Brand Promise Marketing Plan and Brand Promise Image. EXPLANATION OF REQUEST: On March 6, 2012 the City of Boynton Beach Brand Promise, created by a stakeholder committee representing residents and businesses throughout the City, was introduced. Then on July 3, 2012 the Brand Promise Marketing Plan was presented to the City Commission, also created by a stakeholder committee of representatives with marketing skills and experience. There was consensus on the effort from the Commission and since that time, staff and partner stakeholders have been working on several implementation goals. The first of many potential marketing partnerships has been established within the community through targeted outreach and events. The Brand Promise was introduced to local businesses and HOA board members that attended the first "Build a Better Boynton" community outreach series hosted by the Collaborative Initiative (City, CRA and Chamber) at the Woman's Club on May 4, 2012. It has also been introduced at the Chamber of Commerce State of the City Luncheon. The Brand Promise continues to be displayed in City Hall and at all City Commission meetings. The Brand Promise tag line has been integrated into City email, business cards and correspondence. The process to create employee Brand Promise awareness and engagement began with a kick -off meeting on November 28, 2012 at the Boynton Beach Library. The Human Resources department has created a program for culturalization that will empower all employees to become ambassadors of the City and incorporate the Brand Promise into their daily roles and responsibilities. 447 of 703 A visual representation of the new branding has been created to include the Brand Image and tag line, and Guidelines for Usage document. This image can be utilized on web sites, social media, and collateral materials including signage, printed brochures, cards, posters and give - aways. It can also be used for advertising campaigns and street banners as part of a larger economic development toolkit. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Creating a brand for a city is more than a process of creating a slogan, advertisement, logo or marketing materials; branding is the cumulative, collective and often complex result of all the political, marketing, operating and development decisions that defines the City's image over time. Boynton Beach has diverse ethnic groups, cultures, districts, neighborhoods, and icons, which when combined, generate an "eclectic" energy. By demonstrating and featuring the various unique and diverse options, the City will be able to expand the target audience, educate the region on its uniqueness, and capitalize on its long history as the "Gateway to the Gulfstream." The image of a location is a critical factor in influencing the decision of businesses or individuals to locate, to invest or to visit a community. The community's images are derived from ideas or impressions based on economic, political or physical associations connected with the City. They also result from "word of mouth ", news stories, personal impressions and advertising. Once developed, the image of a community is slow to change. This is the primary driving factor for re- branding the City's image to accurately depict and market our uniqueness and amenities. A strong brand identity is a powerful tool for creating a vibrant, sustainable and economically healthy community. FISCAL IMPACT: To date $12,250.00 has been spent to develop the Brand Promise, Brand Promise Marketing Plan and Brand Promise Image. • $9750.00 to Dale Carlson Marketing & Communication Services for the facilitation of the Brand Promise creation process. • $3500.00 to Deborah Bottorff &Associates for the Brand Image design and Guidelines for Usage document. All additional efforts were staff time and stakeholder volunteers. ALTERNATIVES: Not to accept the update report and reject the Brand Promise Image chosen by community stakeholders. 448 of 703 10. E CITY MANAGER'S REPORT December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Discuss funding options for the enhancement of Congress Avenue median landscaping EXPLANATION OF REQUEST: At it's November 7, 2012 meeting, the City Commission requested staff to further refine costs associated with enhancement of median landscaping on Congress Avenue. The Commission further asked that staff identify funding alternatives to complete this work. Staff has prepared an estimate of costs to improve the landscaping. The attached scope of services better defines the additional work that is proposed and the cost of each component. Essentially, landscape maintenance frequency will be increased, pest control will be reinstated, fertilization will be doubled and new plants will replace those that have died. The total estimated cost of this work is $99,500. Note that over one half of the cost is associated with new plantings and watering for plant establishment. If approved, staff proposes to complete the new plantings next spring to coincide with the onset of the rainy season. This may allow for reduced watering expenses. Added maintenance services would begin following approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Congress Avenue is a highly travelled corridor. Therefore, enhancing the landscape appearance will improve public perception about the appearance of our City and assist with our Economic Development Initiatives. 449 of 703 FISCAL IMPACT: Initial expense is $99,500 with subsequent years' expenses being slightly less as new plants become established. This work is not contemplated in the current budget. In order to fund this work, it will be necessary to allocate an additional $99,500 to the Parks and Grounds General Fund budget, line item 001 - 2730 - 572- 46 -98. Staff recommends that the Capital Fund 302, which currently is projected to have a fiscal year ending balance of $223,000, be the funding source for this work in Fiscal Year 2012 -13 through the transfer of funds from the Capital Fund to the General Fund. Staff will submit the appropriate budget amendment at the time of awarding the contract for these services. In Fiscal Year 2013 -14, the City will need to budget these recurring maintenance cost in the Parks & Grounds General Fund budget as mentioned above. ALTERNATIVES: Do not fund enhanced landscape maintenance services on Congress Avenue at this time and instead consider enhancing these programs during next year's budget cycle. 450 of 703 ADD'L SERVICES RECOMMENDED FOR THE MEDIANS ALONG CONGRESS AVENUE North to South City Limits ANNUAL INCREASE BASIC MAINTENANCE Increase Service from 39 to 44 Congress Ave.Medians $2,610.00 SUBTOTAL $2 MULCH Increase Service from 0 to 1 Congress Ave.Medians $2,268.00 SUBTOTAL $2 ARBOR SERVICES Increase Service from 0 to 1 Congress Ave.Medians $2,016.00 SUBTOTAL $2 PEST CONTROL Increase Service from 0 to 3 Congress Ave.Medians $7,560.00 SUBTOTAL $7 TREE FERTILITIZATION Increase Service from 2 to 4 Congress Ave.Medians $1,008.00 SUBTOTAL $1 PALM FERTILITIZATION Increase Service from 2 to 4 Congress Ave.Medians $1,008.00 SUBTOTAL $1 SHRUB FERTILIZATION Increase Service from 2 to 4 Congress Ave.Medians $1,008.00 SUBTOTAL $1 TURF FERTILIZATION Increase Service from 2 to 4 Congress Ave.Medians $1,008.00 SUBTOTAL $1 Irrigation Supplies & Installatio $12,000.00 Trees & Installation $16 Plants & Installation $31 Water to establish new plants/trees $22 SUBTOTAL $81,000.00 451 of 703 10. F CITY MANAGER'S REPORT December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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 traffic control options on Old Dixie Highway. EXPLANATION OF REQUEST: The City has received several resident concerns about traffic conditions along Old Dixie Highway from Gulfstream Boulevard to Federal Highway. Specific concern has focused on both speeding vehicles and excessive truck traffic. At our July 17, 2012 Commission meeting Ms. Linda Stabile and Ms. Toni Donlon presented a petition (attached) from neighbors expressing their concerns for safety, namely large truck volume and speeding vehicles. Over the past several months staff has been discussing this matter with several of the residents in the neighborhood. Attached you will find an engineering report drafted by staff that evaluates the conditions that were cited and explores several options to address these concerns. With the recently constructed Walmart, traffic volume has increased as anticipated. Based on several studies (detailed in attached report) the traffic counts are actually 4.9% higher than originally projected. This is not an unusual or unacceptable variation. Additionally, with the construction of Seabourn Cove underway, we know that construction vehicles are using Old Dixie Highway north of Seabourn Cove despite the fact that the contractor has posted signs on site advising construction vehicles to turn south towards Gulfstream when leaving. Staff has had discussions with Seabourn Cove to direct their construction vehicles south on Old Dixie Hwy. Our Police Department has begun increased traffic enforcement in the area. 452 of 703 Staff anticipates that once Seabourn Cove Phase II is completed there will no longer be construction vehicles nor will there be construction employees utilizing Old Dixie Highway. We anticipate the problem will cease. After careful review of numerous options (outlined in attached report) and lengthy discussions with neighborhood representatives, the option of a temporary road closure was identified as a viable alternative for Commission consideration. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? To be determined depending on option chosen. Fiscal Impact: All options and costs are outlined in the attached documents ranging from $18,700 - $107,000, none of which are currently budgeted. Should the Commission desire to proceed with any of the options staff will need to review the budget and current programs to determine where funds may be made available. Alternatives: Choose another alternative; take no action. 453 of 703 Meeting Minutes Regular City Commission Boynton Beach, FL July 17, 2012 Mayor Hay read the Citation for Gertrude Sullivan, a community activist and Ion g -time resident of Boynton Beach. She served the community in many capacities. Commissioner Ross noted the schedule for the budget workshop had changed. Mayor Hay explained three days had been scheduled, but the workshop concluded in two days and the Wednesday public session was no longer needed. There would be a closed - door session with the Commission at 12 noon on Wednesday. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS 4b `� (at the discretion of the adjusted depending on Commission) David Flooring, owned a businb& R 417 W 11P due and had several issues. He had sued the City for public recomb 00 hm* no Wei* provided for several months. The suspended Mayor was arrested 1pr pied Wrblving the public records request. The Court ruled against the City ■o Amoo ihm I' to pay his attorney fees in the amount of over $22,000. Attornor -ChvOlW F* mWonded to Mr. Floering's attorney for over a month. He anticipated a wR 1"N N get his money back. Mr. Floering had also requested i sm W%1% IRAttorney Cherofs billable hours. Over the last ten years over $6 MOM MO Mw aime to the City of Boynton Beach for legal services. At the rate of $ *IS V 4W, 414" would be over 80 billable hours a week. Obviously more than owa• d8W%ft ■tom. Mr. Floering did not feel the number of billable hours being R Vu Oft NW been provided to him. He had also attempted to get verificakw W. ONkeM law firm represents 12 other municipalities and numerous ~ glimmimmmuft agencies. Mr. Floering wanted clarification on Attorney Cherofa ME&W v^ IN An ever agencies and how much was being billed to each of those erIIIIIIIIIIIIIIIIiIIII. HR VIM to determine if the billable hours were a fair representation of the a>itk Ww vW8• bgloring saving some money in the Legal budget may be worth inveeWAAR &N. ill" opined. Mr. Floering maintained that other municipalities are billeN 0n1 No ft ana>ur+t that was being billed in the City of Boynton Beach. Mark Karageorge, 240A Main Boulevard, requested the public be allowed to speak on two items 5.6 and 10,A. Mayor Hay advised the decision would be made at the time the Items were before the Commission. Toni Donlon, 113 Ridgepoint Drive, advised residents from Tradewinds Estates West had been interviewed by a news reporter relating to traffic problems experienced due to high density development with no regard for protection of her neighborhood. There has been ongoing dialogue with City staff to no avail. Ms. Donlon had initially emailed staff 454 of 703 Meeting fAii Regular COW 64wANWU Boynton fish, F'L July 17, 2012 regarding doMp and won trucks traveling Old Dixie Highway and was told the developere +rare d6poWS 1100M onto Gulfstream Boulevard. Stray trucks would be a possibility. ■ )iw lliiiiliiiiir Im some situation exists because no deterrents have been instituted. l'hlim MW op. D■g w•again complained to staff about the truck traffic and the response reoiiw w" #W a OWully operated truck would be no more of a hazard than an autommlIft M +w aim %r braking distance of larger trucks was not considered or the extent # ppierlp iaw4e fiat could result in an accident. Drivers, not familiar with the area, mAwN obam0t fir that should have been considered. She noted a traffic volume ark sXMIJ Un" W been conducted and the results were questionable. Bicyclists aw ieftn%r h AdWr along the roadway. There is definitely an increase in traffic levaWL &M to +merit and Seabourn Cove residents. She submitted a petition signed by rsjWWri el Tmd6WIhds Estate West that outlines the road conditions and recommel& NM �sures. They strongly opposed sidewalks and urged the Commiss=ar 0 irk tp work with the communities to arrive at appropriate solutions I@ MV pFeaWni. 17re funding should be budgeted for the traffic calming measures Linda Stabile, 3811 Wall Street, Delray Beach, in Tradewinds Estates West, indicated the residents had spent two years attempting to have staff resolve the traffic problems in the neighborhood. The problems were the result of the City's approval of Walmart and two housing developments. She sought assistance in having the traffic engineer acknowledge the safety issues, prompt the traffic engineer to work with the community residents to agree on solutions and approve any necessary financing to resolve the issues Tradewinds Estates has 50 single family homes that are now surrounded by high density development and a recently completed Walmart. Delivery trucks for Walmart continue to use Old Dixie Highway and the management of Walmart had to be notified by the area residents. The developers of Seabourn Cove were contacted too. Ms. Stabile asserted the residue %w $w psk' Wes and property and pomm" a handout why the residents di so art sM Om traffic engineer's cona,■ � rri. Excuses had been made why th■ Wbmitted could not be ur>/efollillift His recommendation was to pro+ iitdWbft, t action that would not slovr Ilan t decrease volume or prohibit hemp mrft ■rr roar CId Dixie Highway. The bbrMW would be put at even greater risk. qjV* CowgwwAianer Abrams responded pmrmp* when contacted, but advised the a ON mN9W ft Oisdiction of Boynton Bel+. Ms. Stabile pointed out the resit df TtIN� IM not oppose the progress in the area, but demanded the same qmpW `9#wwm Y 4he homeowners for protection of their lives and property. The OV w@A k UN Mponsible for any further harm if action was not taken soon. David Katz, 67 Midwood Lane, commented the law suit settlement for $22,000 in regard to the public records request was a disappointment. He hoped no further funds would have to be expended for Mr. Floering to retrieve his attorney fees. He also mentioned the brief prepared by the City Attorney that had been filed in his lobbying 455 of 703 11 City of Bmqmi■ ■mmh - Neighborhood Traffic Calming Policy Neighborl_1 ll for North Old Dixie Highway in TradeWinds Estate Went „Petition Ar Mi aw IlMd bumps; circles; "Local Traffic- may' or "NO L IK41 figm dead end at Miller Road. 111111111 11111111111111111111111111111IGNED AGREE TO THE FOLLOWING: 1 • JM l Iff dWPMMiMM 16 Ifereby certify that they rele WM& +Rbnmftd ! As Ow Ada 1010IM q*uMPWt of North Old Dixie Highw* I. AN ffqMWV4VIt Ift 0 hereby agree to the foll in ft wed impacted area Win 00111imm ul[Ing , subsequent bacidng up onto woe of sidewalks; i 1111111111111161115061 by residents in nearby condominiums and houses to the bus on Federal Highway use by People taking leisurely strolls walking their does bicycling and the Iihe v1iice of street lights; i nt fatality at a dannerous curve in the road and a urve• Mdolnze to Policing due to the involvement of two d' Beach IM torpor ited, and Boynton Beach)• • MhM&i► waste management trucks four days a week (Mondays and Thursdays for Palm Beach i M Lesdays and Fridays for Boynton Beach)' AMINI iUS stop; a traffic noise and disruption due to Waimart's 24 hours of operation as well as two i>ll1whimift developments currently under construction: and 16mage to the roadway due to heavy and incessant 3. All persons signing this petition do hereby agree that the following contact person(s) represent the neighborhood as facilitator(s) between the neighborhood residents and the City of Boynton Beach in the matters pertaining to the above petition. M - Name Address Telephone Number Linda. Stabile _ 3811 Wall Street 561 -665 -0341 Toni Donlon 3570 North Old Dixie Highway 561- 901 -2201 - 456 of 703 r MW= dm a Neighboorhood Traffic Calming J" 41 IIIIJILAM 10 N* on M � M "ii p 7 ZTi l r BC c[A t 334 9 t 2 2 03 WU - - ..rte 0 Iwo ■ M" �: •� �7'r ,a•�l�,r.�r 3.a 5'83 if..i." MOM Phone signature a; ■ Name(Print) Aditw Phone Signahre ■ N c• A MA Nwit" w ". Phone Signature r . -;Ip ji ! -_ Phone Signature MY* Ir ■ ��^^ p Ir n Z �i2 N 457 of 703 • amp I L rmress Pnone EDAM r...Pw.* Owress Phone abwbm F 4 Phone �A I r_- 0 5 53r -USA .� 3 P 5 bJA A6 ■ K' ■..pi.�Y +.rrr. M.rw Signekme MIA f- r Z /aA 0 ME 458 of 703 74M EmbEN of ImbMEb ft= %4N WE � =6 MbEFy Livergood's positioning of the traffic ee"g afti"W" %WA ima =A, A wh A was in the TradeWinds Estate West idNLM� rli'TC MOM 10 � RVVM Iffila■ Ze e reflection of the traffic volume and gin j 4op 1p 1F alert lvm# 41m od 4w @= w 1w w�w utilized. We also take exception to the conclusions drawn by Jeffrey Livergood which were based on the City Code (in bold). Using Mr. Livergood's statistics, we are drawing our own interpretations /conclusions. (Sec. 14 -6). Traffic calming measure; (a) (1) Traffic calming shall be consid sed *Wig es Alow lid streets with average dalk *Po% volumes greater than 500 vehicles per day. The traffic data collection as of December, = 0 �P" 14 Walmart) was 649 vehicles per day, already exceeding the standards set by the Ordinance. T* M* traffic data collection as of March, 2012, was a whopping 1,052 vehicles per day. It has adweO doubled! Mr. Livergood makes light of his own iwtw If AAbvft� of these vehicles to personal vehicles of construction workers at Seabourn Cove. %Ikm i W pNV1W such a conclusion? Besides, upon the completion of Seabourn Cove, we maialsim Aft dm *I% ,4ie will not decrease, as Mr. Livergood states, but will continue to increase duata dia=vii lair wall by additional Walmart customers and residents of the then- completed Estates it J%Mio= Clip Mi ftabourn Cove's Phase I. (a) (2) Traffic calming shall be consia 6md e* wbon ire W percentile speed is greajr mph for those streets posted at 30 m j. M Lalolpoft E stics show that the measurel MI percentile speed at our location was 331VJ6 wt JivieWisill 39 mph. If safety of vehiclwmi pedestrians is an issue, perhaps one co>dr @AeY a � leaatq in interpretation of the City C o&. de Mr. Livergood himself states in writing. `Tin Ell� � 1♦ended to provide guidance SUM IL consider traffic calming." Does he truly mesa pie lie meaning engraved/etchlo jr go%? There are other conclusions drawn by Mr. Livergood that the residents of TradeWinds Estate West find misleading. He mentions in his conclusions that "the quality of life in the local residential neighborhood could be greatly enhanced by improving pedestrian safety. 1 believe we have a number of options related to sidewalk construction". He blames the residents for the lack of pedestrian safety due to the way they park their personal vehicles and suggests the restriction of parking on the Old Dixie right of way. 1 guess that would mean that we would have houses, but no place at all to park our vehicles. Sidewalks, too, are equally problematic since, while protecting pedestrians, they would have no impact on the speed and volume of traffic and would place bicyclists and other vehiclel at even greater risk. It seems that Mr. Livergood, during this year and a half, has not even addressed the the proper posting of 30 mph speed limit signs. The one in front of 3811 Wall Street has been missing although the post, until very recently, was still in place (albeit crooked). Where are the signs? It seems that Mr. Livergood is not choosing to acknowledge the suggestions made by the residents of TradeWinds Estate West. We are reasonable people and are willing to settle for speed limit signs and for speed bumps —which we believe are the least costly solutions for the City of Boynton Beach. Yet Mr. Livergood is suggesting yet another traffic study after the completion of Seabourn Cove and/or a study to see if speed bumps meet the criteria. He concludes, "In my professional opinion, this roadway can handle a much greater traffic volume than it does today ". Obviously, Mr. Livergood does not live in or has not visited anyone in this neighborhood —or h%would not make such a short- sighted statement or continue to stonewall us. 459 of 703 Old Dixie Highway Traffic Mitigation Options Jeffrey R. Livergood, P.E. November 2012 The City has received several resident concerns about traffic conditions along Old Dixie Highway from Gulfstream Boulevard to Federal Highway. Specific attention has focused on vehicular volume, vehicle speeds, and vehicle classification (trucks, for example). The intent of this staff report is to evaluate potential traffic mitigation measures that would address these concerns. Old Dixie Highway History The historical significance of Dixie Highway (or Old Dixie Highway as named in some sections) is quite fascinating. This roadway was created from 1914 to 1926 and served as the primary migration route for people from the north to the south. To further research this history, staff conferred with Warren Adams, City Historic Preservation Planner who provided historical documentation of Old Dixie Highway prepared by Dearborn Preservation Research Inc. The Dearborn discussion is included in this report. Old Dixie Highway has a following much like the famous Route 66 that moved people westward. In fact, there are numerous printed directions for those who wish to travel this nostalgic corridor. One such route is noted at the following web site: http Staff provides the above information as part of this report because the Commission may wish to consider the historical characteristics of Old Dixie Highway as it deliberates various traffic mitigation measures. Old Dixie Highway — Current Conditions The construction of Federal Highway in Boynton Beach changed the historical traffic usage of Old Dixie Highway. Today Old Dixie Highways functions as a local collector route in that it "collects" traffic from adjacent roadways and properties and carries that traffic to larger arterial highways. Recently, Walmart constructed a new store on the north side of Gulfstream Boulevard between Federal Highway and Old Dixie Highway. During the planning process for this store, there was much public discussion about the potential to change traffic conditions in the region, particularly along Old Dixie Highway. As a result, traffic conditions (volumes and speeds) were measured pre and post Walmart construction to accurately gauge the traffic impact. Traffic Volume Pre Walmart traffic on Old Dixie Highway 649 veh. per day (Measured by Kim ley Horn in 2010) 460 of 703 Projected traffic on Old Dixie (developer traffic study) 973 veh. per day (649 + 324 estimated trips that would use Old Dixie) Post Walmart traffic on Old Dixie Highway 1052 veh. per day (Measured by City Staff, March 2012) Post Walmart traffic on Old Dixie Highway 1023 veh. per day (Measured by Kimley Horn, October 2012 The actual traffic on Old Dixie is somewhat higher today (1023 versus 973) than what was anticipated by the traffic engineer for Walmart. This variance of 50 vehicles is 4.9% of the current measured volume. Staff notes that it is likely that some of these 50 vehicles can be attributed to construction activity at Seabourn Cove. We know that construction vehicles are using Old Dixie Highway north of Seabourn Cove despite the fact that the contractor has posted signs on site advising construction vehicles to turn south towards Gulfstream when leaving. Furthermore, it is both difficult and impractical for the Seabourn Cove developer to restrict private automobiles of employees from travelling on any portion Old Dixie Highway, a public street. Regardless, we know that when Seabourn Cove is complete there will no longer be construction vehicles nor will there be construction employees utilizing Old Dixie Highway. Staff finds the traffic volume on Old Dixie Highway is reasonably in conformance with the projections put forth during Walmart plan review and subsequent City Commission approval. By approving the Walmart site plan, the City was in fact approving and accepting the traffic growth on Old Dixie Highway. Furthermore, Old Dixie Highway has always functioned as a collector roadway since it terminates at Federal Highway and continues into Delray Beach. The current traffic volume of 1023 cars is reasonable for this roadway and will decrease when Seabourn Cove is complete. Note that Seabourn Cove Phase I provides for a secondary, resident only, gated access onto Old Dixie Highway. This access location is farther south and will likely be seldom used with the majority of traffic distributed south to Gulfstream Boulevard. Staff does not find the traffic volume on Old Dixie to be unreasonable when compared to other collector roads within the City. Examples of similar collector type roads in the City would include the following roads east of 1 -95. 1. Mission Hill Road 2. Chapel Hill Boulevard 3. Ocean Avenue 4. Martin Luther King Jr. Blvd 5. Gateway Boulevard, east of Seacrest 6. Miner Road Vehicle Speed 461 of 703 Speeds along the route vary by locations. Staff specifically measured vehicle speeds in two locations since the roadway characteristics are markedly different along the corridor. For reference, the posted speed limit is 30 MPH. Speed Analysis Number 1 — Southern Portion of Old Dixie adjacent to Seabourn Cove The measured 85 percentile speed at this location was 40 MPH in March 2012 a measured at 39 MPH in October 2012. This is expected since there are few driveways (conflict points) in this vicinity. The railroad tracks are on the west side of the right of way. This design yields a more "open" feeling to the motorist, hence the higher speeds. FDOT speed zone determination processes would suggest that the posted speed limit on this portion of Old Dixie Highway should be greater than 30 MPH. Staff does not recommend raising this speed limit given the close proximity to residential areas to the north. Speed Analysis Number 2 — Northern Portion of Old Dixie in the residential area The measured 85 percentile speed at this location was 33 MPH in March 2012. This is a reasonable measurement for a road posted with a speed limit of 30 MPH and is very consistent with other studies conducted over the years in other parts of the City. Although engineers do not use "average speed" for data analysis, staff notes that the average speed measured was 27 MPH in the residential area. Given the unique design of the residential area, staff would support a speed limit reduction to 25 MPH. There are a number of access points and sight obstructions that would allow this reduction. However, reduction of the speed limit to 25 MPH would place an enforcement burden upon the Police Traffic Division, a unit of the Police Department that is in high demand throughout the City. Vehicle Classification Subsequent to completion of Walmart, area residents have expressed concern about what they believe to be excessive truck traffic on Old Dixie Highway through the residential portion of Old Dixie Highway. Staff observations, combined with resident reports, confirm that trucks from the Seabourn Cove construction site continue to use Old Dixie Highway to the north and there continue to be Walmart delivery trucks along this route as well. Upon completion of Seabourn Cove, construction traffic will be virtually eliminated and only a few rogue Walmart delivery vehicles will remain, assuming that Walmart management fails to better control their delivery vehicles. Obviously, trucks travelling at a speed greater than the posted speed limit are more hazardous than speeding automobiles. The extent of damage from a collision with a heavy truck is far more severe than with an automobile. Therefore, it is always desirable to minimize truck/vehicle collisions where possible. Furthermore, minimizing pedestrian conflicts can enhance safety. As a result of the closeout of Walmart, City staff asked the design engineer for Walmart to conduct a vehicle classification study along Old Dixie Highway so that vehicles types could be tallied over a 24 hour representative weekday. The 462 of 703 classification study was conducted on October 23, 2012 and yielded the following data: 75.7% passenger cars 16.9% pick -up trucks / vans 1.2% buses 1.2% motorcycles / scooters 4.1% two -axle six -tire single -unit trucks 0.5% three -axle single -unit trucks 0.4% four+ axle single -unit trucks Staff recognizes that this merely represents one sample day and does not capture those unique days where construction traffic may be worse. However, the measured classification data on this date does not suggest a truck volume is extraordinary, particularly when considering three and four axle trucks. With respect to buses, staff has no further data to report other than public school students do not have bus stops on Old Dixie. Rather, students residing along Old Dixie walk to the bus stops, primarily on Federal Highway, or they are driven to school by their parents. Summary of Traffic Conditions on Old Dixie Highway Staff finds that traffic volume and speed are comparable to other similar streets within Boynton Beach. Truck traffic volume has been elevated during the construction of Walmart and Seabourn Cove despite numerous City requests of the developer to have these vehicles redirected to the south. Construction truck traffic comprises the vast majority of the truck traffic on Old Dixie Highway and these vehicles will obviously no longer be present when construction is complete. Staff finds that traffic conditions on Old Dixie Highway are acceptable when compared to the rest of the City. Resident Concerns and Possible Mitigation Measures It is important to note that staff evaluation of traffic conditions on Old Dixie is an analytical engineering analysis. It is absolutely necessary to collect accurate data for evaluation and comparison City -wide because it is this very data that engineers use to formulate solutions to measurable problems. It is imperative to sufficiently measure traffic conditions in order to utilize the most effective mitigation techniques. As noted above, staff does not find that traffic conditions warrant utilization of mitigation techniques from a strictly analytical perspective. This analytical analysis has been completed void of personal opinion and does not consider community vision by elected officials. Residents who reside adjacent to, or near, Old Dixie Highway have their own unique perspective of traffic conditions that are likely not be identified in the analytical data. This is a normal phenomenon because residents are witness to all the good and the bad driving behaviors near their homes. As such, residents residing along Old Dixie Highway have asked that the City consider traffic mitigation measures that could improve their quality of life. 463 of 703 Should the City Commission wish to respond to resident concerns by implementing certain mitigation measures, staff suggests that the following alternatives be considered: Restrict Truck Traffic This is a very simple solution that eliminates all truck traffic on Old Dixie Highway, even though the measured volume is relatively low and will be lower yet upon complete of area construction projects. The City has, in fact, placed signs on the south end of Old Dixie restricting truck traffic on Old Dixie. Furthermore, the Florida Department of Transportation is willing to install truck restriction signs on Federal Highway in advance of turning movements onto Old Dixie Highway from Federal Highway. This will require a subsequent separate resolution by the City Commission. Restrictions such as this require compliance by truck operators and can impart an added enforcement requirement on the Police Department. 2. Place Traffic Calming Measures: The study of traffic calming measures is far more expansive than this agenda item is intended to capture. Traffic calming, however, is essentially a modification in roadway design characteristics that change a motorist's driving behavior, usually for the betterment of an area. Traffic calming measures should not be used indiscriminately and should be used only where traffic conditions are so unique and /or hazardous and they should be used only after all other traditional traffic mitigation measures (Police presence, for example) have been exhausted. Implementation of traffic calming can be a strain on local municipal resources during the technical analysis of warrant criteria, the evaluation of traffic calming applied to a specific area, and then capital implementation. In 2002, In order to manage traffic calming requests throughout the City, the City Commission codified minimum thresholds that must be met for the City to even consider traffic calming. The belief was that simple traffic counts could first be used to gauge traffic volumes and speeding and, if the thresholds were exceeded, additional in depth study would be warranted. The City Code does not guarantee traffic calming would be applied. The provisions of Section 14 -6 are as follows: Sec. 14 -6. Traffic calming measures. (a) The city shall consider placement of traffic calming measures only upon completion of an initial traffic study. Traffic calming shall be considered: (1) Only on those local streets with average daily traffic volumes greater than 500 vehicles per day; and (2) Only when the 85th percentile speed is greater than 30 mph for those streets posted at 25 mph, or greater than 35 mph for those streets posted at 30 mph. (b) Signing, striping and other devices identifying traffic calming measures shall conform to the current Manual on Uniform Traffic Control Devices. 464 of 703 Even though the Old Dixie Highway traffic volume exceeds 500 vehicles per day; the 85 percentile speed is 33 MPH and therefore does not exceed the threshold outlined above. Therefore, traffic calming measures cannot be utilized on Old Dixie Highway. Of course, the City Commission could amend the City Code to allow lower thresholds to serve as the trigger to review traffic calming measures City -wide. However, this must be uniformly applied to all parts of the City suggesting more frequent public requests for traffic studies and traffic calming. These analyses cannot be completed with current staffing levels nor can traffic calming measures be implemented given current Capital Improvement Plan budget constraints. 3. Consider Road Closure: One could successfully argue that a road closure is merely another form of traffic calming and therefore the City Code provisions related to traffic calming would apply. However, road design is often considered integral to neighborhood planning and subsequent road closure could be simply a modification of the neighborhood plan. There is no doubt that closing Old Dixie Highway would mitigate many of the resident traffic concerns. Public streets are for use by everyone. Therefore, closing any roadway should be done with due consideration to all those users include nearby residents, delivery vehicles, garbage collection, postal services, transportation vehicles, and most importantly emergency vehicles (Police and Fire). At the request of residents, staff has prepared a potential road closure plan and construction cost estimate. Staff believes that the proper location to close Old Dixie would be in the vicinity of Miller Road. The design contemplates back to back cul -de -sacs and landscaping. The estimated cost to permanently close the Old Dixie Highway is approximately $107,000. This expense is not contemplated in the current year budget. Temporary Road Closure: As an alternate, the City could consider closing Old Dixie Highway on a temporary basis until the completion of the Seabourn Cove project(s). In order to accomplish this, staff had a traffic control company prepare a proposal that contemplates closure of Old Dixie Highway to through traffic at both Federal Highway and Miller Road via the placement of construction barricades and signs. The initial cost to implement the temporary closure is $2,500 with an ongoing rental expense of $900 per month. The closure would be in place until the completion of Seabourn Cove Phase II, a period of around 18 months, yielding a total temporary closure cost estimated at $18,700. This expense is not contemplated in the current year budget. Staff believes it may be possible to have the developer of Seabourn Cove share in this expense. However, there have been no discussions with the developer in this regard pending direction from the City Commission. 4. Construct Sidewalks: When the public expresses concerns about traffic, those concerns are usually based upon hazards that can arise when there is conflict between other vehicles or pedestrians. 465 of 703 City staff is a strong proponent of constructing sidewalks in our community where possible. In fact, until only recently as a result of budget reduction, the City was spending around $150,000 annually on sidewalk construction. Staff believes that construction of sidewalks through the residential portion of Old Dixie Highway is likely the most effective measure to impart safety in the local neighborhood. It just makes sense that if you can separate pedestrians from motor vehicles then safety is greatly enhanced. This is true in any traffic scenario. As part of this evaluation, staff has prepared a proposed sidewalk plan and construction cost estimate. The design contemplates construction of sidewalk on the south side of Old Dixie Highway and connecting to what will be a new sidewalk linear park on the east side of Old Dixie Highway that is being constructed by the developer of Seabourn Cove. Construction of the sidewalk through the residential area would then provide safe walking for area residents all the way to Gulfstream Boulevard and would provide safe access to student bus stops. The estimated cost to construct sidewalks is approximately $92,000. This expense is not contemplated in the current year budget. 5. Increase Police Presence: Police presence is always an outstanding deterrent to aberrant driving behavior. Community Impact 1. Restrict Truck traffic. As discussed above, it is very likely that when all area home construction is complete, the truck volume, even though minimal now, will decrease much further. Staff supports the restriction on trucks but cautions that this places an enforcement burden upon the Police Department. 2. Place traffic calming measures. Because the minimum code standards are not realized, traffic calming cannot be considered on Old Dixie Highway. As noted, the Commission could amend the City Code to reduce the standards City -wide. Staff does not support this action given current staffing levels and reduced capital budget levels. 3. Road Closure: Closing a roadway to address very localized traffic concerns may satisfy a select group of residents. But, as noted earlier, prior to closing a road further analysis of the more global impact upon others would be required. Impact on commerce and, more importantly, impact on emergency response times to those residing south of the closure should be considered. Also of note is that there is a boat storage facility just north of Miller Road that encroaches into the public right of way. To construct the northern cul -de -sac, that encroachment onto public land will have to be eliminated. Temporary Road Closure: Lastly, as noted earlier, the City may wish to consider a temporary closure of Old Dixie highway by placing construction barricades. This closure would provide that local traffic only be allowed to access Old Dixie Highway from Federal Highway and the road would be blocked completely at Miller Road. The temporary closure would be removed upon completion of the 466 of 703 Seabourn Cove project(s). During the closure period staff would measure traffic speed and volume in order to measure the impact of road closure on traffic in the neighborhood. 4. Sidewalk Construction: Sidewalk construction in this area would likely have the most positive benefit for the safety of pedestrians. Residents could walk to the new Walmart and enjoy the new passive linear park. Students would have safer movement to bus stops. Absent sidewalk, residents will have to walk along the road edge. But, sidewalk construction would have its drawbacks as well. Many residents park their private vehicles in the public right of way and have placed plantings in the public right of way. In order to construct sidewalk on public right of way, residents would have to accommodate their private parking needs on their own property and those plants blocking the new sidewalk would be removed. In fact, clearing the right of way improves sight lines for those exiting driveways. Report Summary Staff finds that the existing traffic conditions on Old Dixie Highway are similar to many other streets in the City. Volume on Old Dixie Highway is reasonable compared to the remainder of the City and speeds are comparable as well. Staff acknowledges that truck traffic is higher than would be expected on most other residential streets but it is fairly certain that truck volume will decrease significantly upon completion of the Seabourn Cove. The City Commission may choose to implement one or more of the possible traffic mitigation measures. However, none of the above alternatives are budgeted. Should the City Commission wish to pursue the permanent road closure and /or sidewalk construction, staff recommends that the improvement(s) be included in the FY 2013/14 Budget Capital Plan for deliberation during next summer's budget meetings. 467 of 703 N V F DEAABORN ■ ■ PRESERVATION RESEARCH INC ■ k "� 1 A� ■■ ■ II J. 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QUOTE • MOT Plan: $250.00 • Message Boards: $1,400.00 (2) @ $50.00 ED x 14 days • Equipment Rental: $30.00/day 3 Road Closed Ahead 1 Detour Ahead 4 Type B Lights 2 Road Closed To Thru Traffic 1 Detour F (Lg.) 1 Detour --) (Lg.) 2 Road Closed 10 Type III Barricades 2 Detour U -Turn 2 Detour --) (Sm.) 3 Detour F (Sm.) 4 Detour (straight arrow) • Setup: $850.00 Includes post- mounting of signs 472 of 703 City of Boynton Beach Public Works Department Engineering Division BMW 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 (561) 742 -6980 Office (561) 742 -6285 Fax Civil Engineer 1.00 LS $8,500.00 $ 8,500.00 Surveyor 1.00 LS $2,000.00 $ 2,000.00 Mobilizations 1.00 EA $ 3,500.00 $ 3,500.00 Plans /Printing 1.00 LS $ 500.00 $ 500.00 Close Out /As- Builts /Survev 1.00 LS S 750.00 S 750.00 Maintenace of Traffic 1.00 LS $ 1,000.00 $ 1,000.00 Clearing and Grubbing 0.26 AC $ 2,500.00 $ 647.38 Asphalt Removal 1,264.00 SF $ 1.00 $ 1,264.00 12 "Stablized Subgrade 1,378.67 SY $ 6.00 $ 8,272.00 8" Shellrock 1,378.67 SY $ 20.00 $ 27,573.33 1- 1 /1 " Type S -3 Asphalt 1,253.33 SY $ 14.00 $ 17,546.67 Split Rail Fence 55.00 LF $ 20.00 $ 1,100.00 Signs 10.00 EA $ 250.00 $ 2,500.00 Pavement Markings 1.00 LS $ 750.00 $ 750.00 Coco Plum Hedge 7 Gal - 1.5'stagered 50.00 EA $ 25.00 $ 1,250.00 Planting Soil 65.00 YD $ 25.00 $ 1,625.00 Mulch 25.00 YD $ 18.00 $ 450.00 Bahia Sod 3,436.00 SF $ 0.33 $ 1,133.88 Irrigation (Assumes Tie -In to Seabourn) 1.00 LS $ 1,000.00 $ 1,000.00 SUB TOTAL -1 PERMIT (ALLOWANCE) 2.30% $ $ 81,362 1,900 INSURANCE 1.00% $ 900 SUB TOTAL - 2 $ 84,162 CONTRACTOR OVERHEAD & PROFIT 12.00% $ 10,100 CONTINGENCY 15.00% $ 12,700 TOTAL PROJECTED COST $ 106,962 Project Estimate 1011912012 Page 1 474 of 703 Quantity Units Unit Price Total Price City of Boynton Beach Public Works Department Engineering Division BMW 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 (561) 742 -6980 Office (561) 742 -6285 Fax Civil Engineer (IN HOUSE DESIGN) 1.00 LS $0.00 $ - Surveyor 1.00 LS $2,500.00 $ 2,500.00 Mobilizations 1.00 Fla $ 500.00 $ 500.00 Plans /Printing (IN HOUSE) 1.00 LS $ - $ - Close Out /As- Builts /Survev 1.00 LS S 500.00 S 500.00 Maintenace of Traffic 1.00 LS $ 750.00 $ 750.00 Tree Removal 7.00 Fla $ 750.00 $ 5,250.00 Fence and Structural Removal from ROW 1.00 LS $ 2,500.00 $ 2,500.00 4" Concrete Sidewalk 1,283 linear feet 6,415.00 SF $ 5.00 $ 32,075.00 12 "Stablized Subgrade 376.93 SY $ 6.00 $ 2,261.60 8" Shellrock 376.93 SY $ 20.00 $ 7,538.67 1 -112" Type S -3 Asphalt 282.89 SY $ 14.00 $ 3,960.44 Asphalt (Driveway Aprons) Includes base & subgrade 285.56 SY $ 25.00 $ 7,138.89 Signs 4.00 Fla $ 250.00 $ 1,000.00 Pavement Markings 1.00 LS $ 750.00 $ 750.00 Fire Hydrant Relocation 2.00 EA $ 1,500.00 $ 3,000.00 SUB TOTAL - 1 PERMIT (ALLOWANCE) 2.30% $ 1,700 INSURANCE 1.00% $ 700 SUB TOTAL - 2 $ 72,125 CONTRACTOR OVERHEAD & PROFIT 12.00% $ 8,700 CONTINGENCY 15.00% $ 10.900 TOTAL PROJECTED COST $ 91,725 Project Estimate 11/6/2012 Page 1 476 of 703 Quantity Units Unit Price Total Price 11. A UNFINISHED BUSINESS December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El 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: Hear update from City Attorney regarding conveyance document for Old High School property. EXPLANATION OF REQUEST: At an earlier City Commission meeting the City Commission authorized the preparation of a conveyance document to transfer ownership of the Old High School to Boynton Old High School Partnership, LLC. The City Attorney along with City and CRA staff has been working with the Partnership's representative and attorney on a Purchase Agreement. The most recent version, still under review, is attached but should represent a near final overview of the transaction. The City Attorney will review the Agreement with the Commission and provide any additional updates. Areas /issues that still require review and discussion: 1) Land area to be conveyed 2) Responsible party for platting (incurring costs) 3) Confirm value of incentives and funding source 4) Financial due diligence from purchaser not yet complete 5) Confirm and discuss definition of excluded uses 6) Confirm timeline for obtaining financing — shorten to extent possible with date certain established 7) Discuss historic designation 8) Discuss risk of loss or damage - possible unforeseen costs 477 of 703 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? tbd FISCAL IMPACT: tbd ALTERNATIVES: tbd 478 of 703 REAL ESTATE PURCHASEAGREEMENT THIS REAL ESTATE PURCHASEAGREEMENT ( "Agreement ") is made and entered this day of December, 2012, by and between the City of Boynton Beach, a Florida municipal corporation (the "SELLER "), and Boynton Old School Partnership, LLC, a Florida limited Liability Company ( "PURCHASER "). WITNESSETH WHEREAS, SELLER is the fee simple owner of the real property upon which historic Boynton Beach High School building consisting of approximately 28,000 +/- gross square feet ( "Building ") is located in Boynton Beach, Palm Beach County, Florida, on the real propertu Deleted: as being more particularly described in Exhibit "A" attached hereto ( "Property ") consisting of acres.;: and Deleted: that certain Ground Lease Age ra dated , by and between PURCHASER as Lessor and WHEREAS, the Building is being acquired with the primary intent of renovation to s offices, stores and restaurants as shown on the preliminary site plan and preliminary elevations attached hereto as Exhibit "B" ( "Contemplated Improvements "). - Deleted: A WHEREAS, as an express condition precedent performing the Contemplated Improvements SELLER desires to sell to PURCHASER, and PURCHASER desires to purchase from SELLER, the Building and Property upon the terms and conditions herein below set forth. NOW, THEREFORE, for and in consideration of the premises, the payment of Ten Dollars and No Cents ($10.00) in hand paid by PURCHASER to SELLER, the mutual covenants and agreements herein set forth, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by the parties hereto, the parties hereto do hereby covenant and agree as follows: 1. Definitions. (a) Building means that certain Boynton Beach High School building consisting of approximately 28,000 +/- gross square feet located in Boynton Beach, Palm Beach County, Florida together with all the right, title and interest of the SELLER in and to any _ , - Deleted: as bein e particularl site lans, site plans approvals, development plans, specifications impact fee credit and P P PP P P P P deacribed in that —tai, Ground Lease Agreement dared by all other related matters and things owned by the Seller which relate to the Building; it and between PURCHASER as Lessor and being the intent of the SELLER to sell transfer and set over unto and convey to the Seller as Lessee PURCHASER all interests of the SELLER whatsoever kind, type, nature, description or characterization in and to the Building, fee and clear of all liens, claims, interests and encumbrances of possible liens, claims, interests or encumbrances of whatsoever kind, type, nature description or characterization (except for the Permitted Exceptions (as hereinafter defined)) and shall include: - Deleted: real property subject to the (i) The building and improvements located on the Property,; Ground Lease 479 of 703 (ii) Any interest the Seller may have in all right -of -ways, alleys, privileges, easements and appurtenances which are on or benefit the Building; (iii) All right, title and interest of SELLER to any unpaid award to which the SELLER may be entitled (i) due to the taking by any pending condemnation or eminent domain of any right, title or interest of the SELLER in the Building and (ii) for any damage to the Building due to the change of grade of any street or highway; (iv) All rights under assignable licenses, permits, variances, approvals and similar authorizations with respect to or affecting the Building (collectively, "Permits ")All rights under assignable plans, specifications, drawings, contracts, agreements, warranties, sales agreements, development agreements, construction agreements, maintenance agreements, management agreements, employment agreements, service agreements, advertising agreements and marketing agreements with respect to the Building (collectively, "Contracts" and each individually a "Contract "), it being understood that PURCHASER may elect not to accept an assignment of any one or more of the Contracts, and that SELLER shall be required to use reasonable efforts to obtain any necessary consents to the assignment of any Contract that PURCHASER shall be assigned; provided, however, in the event that SELLER is unable, despite its reasonable efforts, to obtain such consents to the assignment of any Contract or Permit, the PURCHASER may elect, in is discretion, to (a) elect to have SELLER forego any further efforts to obtain such consent and proceed to Closing; or (b) terminate this Agreement, in which event the Earnest Money shall be returned to PURCHASER and this Agreement shall terminate and PURCHASER and SELLER shall have no further obligations or liabilities hereunder other than as expressly provided herein. PURCHASER shall be responsible for entering into any new service contracts as of the Closing Date, as no assignment of such service contracts will occur as part of the Closing; and (v) All furniture, equipment, machinery, inventories, supplies, signs and other tangible personal property, if any, owned by SELLER and installed, located or situated on or used in connection with the operation of the Building (collectively, the "Personal Property"). (vi) SELLER shall provide copies to PURCHASER of all service contracts within seven (7) business days of the Effective Date. SELLER shall within seven (7) business days of the Effective Date terminate any and all service contract affecting the Building. (b) (c) Deed means a Special Warranty Deed which shall convey the Building and Propert y from the SELLER to the PURCHASER, subject to the Permitted Exceptions, which shall contain a reverter clause regarding (i) Development Agreement to be sir ed by both PURCHASER AND SELLER by February 1, 2013; (ii) PURCHASER to obtain land use, site plan and construction plan approvals by July 1, 2013; (iv) PURCHASER has obtained a Certificate of Occupancy for the building by January 1, 2015. Any reversionary interest will be subject to any mortgage on the property. ]an which shall 480 of 703 also contain deed restrictions which shall preclude adult entertainment, schools, half -way houses, sober houses, gas stations or dry cleaner Deleted: zmsist din the [witth h the p app roved � r — the Property consiste roved (d) Development Agreement. An agreement to be entered into between the PURCHASER a1, ply and SELLER on or before the Closing Da% ,and its terms and provisions shall be _,- Deleted: on or before December 18, -- - - - - -- shall b - consistent with Sections 163.3220 - 163.3243 of the Florida Statutes. zolz (e) Earnest Money means the sum of One Hundred ($100.00) Dollars, which shall be delivered from PURCHASER to Escrow Agent pursuant to Section 2 herein. (f) Effective Date means the date the last one of the SELLER, PURCHASER and ESCROW AGENT executes this Agreement and delivers an unaltered counterpart hereof of the other parties. (g) Escrow Agent means Goren, Cherof, Doody & Ezrol, P.A. with offices at 3099 East Commercial Blvd., Fort Lauderdale, FL 33308. (h) t , -- Deleted: Ground Leese means that certain Ground Lease A6 eemenl dat d (i) Permitted Exceptions means (i) all exceptions to title, liens and other encumbrances of by and between PURCHASER aa Lessee and SELLER as record, except for any Liens (as hereinafter defined), which Liens shall be satisfied by U.., SELLER on or prior to the Closing Date; (ii) zoning ordinances and regulations and other laws or regulations governing use or enjoyment of the Buildin and Property (iii) matters affecting title created by or on behalf of, PURCHASER; (iv) Liens to secure taxes and assessments not yet due and payable; (v) ad valorem taxes not yet due and payable, and (vi) any matters which would have been disclosed by a current survey;,Liens means any , , -. Deleted: and (vii) the GmundLeaae.y of the following encumbrances on the Building or any portion thereof; (a) any mortgage 144 or deed of trust granted or assumed by SELLER; (b) any mechanic's or materialmen's lien; (c) any lien for unpaid taxes, assessments, utility, water, sewer or other governmental charges; (d) any common law liens that may have been placed of record against SELLER; and (e) any other lien or encumbrance granted, assumed or suffered by SELLER and securing the repayment of money or other claims made against SELLER. 0) Confidential Information means all documents and materials provided or otherwise made available by SELLER to PURCHASER or otherwise developed by PURCHASER in connection with its investigation of the Building for purposes of this Agreement. 2. Earnest Money. Simultaneously with the execution of this Agreement, PURCHASER shall deposit with the law firm of Goren, Cherof, Doody & Ezrol, P.A., in trust (the "Escrow Agent "), by certified or cashier's check or by wire transfer of funds, an earnest money deposit in the amount of One Hundred Dollars ($100.00) ( "Earnest Money "). The Earnest Money shall be held in escrow by the Escrow Agent and invested in a state or national banking association and held and disbursed in accordance with the terms and provisions of this Agreement. Except as otherwise provided herein, the Earnest Money shall be paid over to SELLER and credited against the Purchase Price (as hereinafter defined) at the consummation of the sale by SELLER and the purchase by PURCHASER of the Building in accordance with the terms and provisions of this Agreement (herein referred to as the "Closing ").The purchase price to be paid by PURCHASER to SELLER 481 of 703 for the Building shall be the sum of Teter Dollars ($10.00 ) _ _ (hereinafter referred to as the_ Deleted: zem "Purchase Price ") as Property is being conveyed from SELLER to PURCHASER in exchange Deleted: 0.00 for redevelopment of Property by PURCHASER.. Inspection Period. PURCHASER waives any and all rights to any inspections of the Property and acknowledges it has had the opportunity to fully inspect the Building. PURCHASER warrants its acceptance of the Building for its intended purpose. PURCHASER has engaged in a thorough and complete environmental inspection of the Building and its components and is satisfied with the results of said inspection(s). SELLER shall provide to PURCHASER the documents and materials pertaining to the Building listed on Exhibit "Q' attached hereto, to the extent such documents or materials exist, which Deleted: B ----------------------------------------------------- were obtained by or on behalf of SELLER and are in SELLER'S possession and control, within fourteen (14) calendar days of the Effective Date. Site Plan and Other Related Approvals. PURCHASER agrees that on or before March 4, 2013, PURCHASER shall submit to the City of Boynton Beach an application for, site plan approval, and any other approval application_ _ , Deleted: formal for the Contemplated Improvements ( "Approvals Submittal Period ") including but not limited to a land use plan amendment and rezoning applications The parties agree that they will act promptly throughout the approval process in an effort to obtain the aforementioned approvals in as short a time period as is possible within the applicable laws that define the approval process. With respect to such approvals, PURCHASER shall not be deemed to have obtained or received the approvals until or unless all appeal periods shall have passed without any appeal having been taken or, if any such appeal shall have been taken, such appeal(s) shall have been finally and conclusively resolved in favor of PURCHASER. Closing Date and Closing Procedures and Requirements. 5.1 a. The purchase and sale contemplated by this Agreement ( "Closing ") shall be closed (parties must choose one option) ❑ on or before January 31, 201L provided this Agreement and the Development Agreement are- - - Formatted: no bullets or approved by the City Commission of the City of Boynton Beach on or before December 18, `; numbering 2012. Deleted : within 30 days of the effective date from this agreement ❑ on the date PURCHASER closes on all the Financing necessary for the Deleted` which in no t will be later than January 4, 2013 redevelopment of the Project and this Agreement and the Development Agreement are approved Formatted: sods next by the City Commission of the City of Boynton Beach on or before December 18, 2012. b. Within 10 days of the effective date, PURCHASER shall have an appraisal of the Buildin and Property performed. Such appraisal shall form the basis of the determination of all documentary stamps costs, taxes and all other fees payable by the PURCHASER under this agreement. 482 of 703 C. At Closing, the PURCHASER shall pay (i) the cost of documentary stamps to be affixed to the deed, transfer fees, sales taxes, any other tax or fee imposed by law and all recording fees; and (ii) the premium for the Title Policy. Each party shall pay for the services of its own legal counsel. d. Fees charged to PURCHASER by the City of Boynton Beach in connection_ Deleted: Anyandallf with obtaining the Approvals, including but not limited to the Delegation Request, Permitting, Re- Zoning of the Property, Land Use Plan Amendment and Application for siteplan approval of , - Deleted: formal contemplated improvements, up to an amount not to exceed One Hundred Thousand Dollars and Deleted: PURCHASER 00 /100 ($100,000.00) shall be deferred and paid at Closing by SELLER e. Conveyance of Title At the Closing, SELLER shall execute and deliver the ownership of the Buildin and Property to PURCHASER, subject to the Permitted Exceptions. SELLER and PURCHASER agree that such documents, resolutions, certificates of good standing and certificates of authority as may be necessary to carry out the terms of this Agreement shall be executed and/or delivered by such parties at the time of Closing. 5.2 Taxes and Assessments Ad Valorem Taxes. PURCHASER and SELLER shall comply with , _ - Formatted: Font: (Default) Tlmes Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of New Roman closing. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the Parties shall re- prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing.. PURCHASER will be responsible for all unpaid special assessments_, .- accrued from the date of the closing. 6. Warranties and Representations of Seller. To induce PURCHASER to enter into this Agreement and to purchase the Building and Pro e , SELLER, in addition to the other representations and warranties set forth herein, makes the following representations and warranties to the best of the SELLER'S knowledge, each of which is material and is being relied upon by PURCHASER and shall survive Closing hereunder: a. That to the best of the SELLER's knowledge, except as otherwise provided herein, there are no actions, suits or proceedings of any kind or nature whatsoever, legal or equitable, affecting the Building or any portion or portions thereof or relating to or arising out of the ownership of the Building, in any court or before or by any Federal, state, county or municipal department, commission, board, bureau, or agency or other governmental instrumentality; this shall include any pending or contemplated bankruptcy proceeding where the City of Boynton Beach is a party. b. That to the best of the SELLER'S knowledge, SELLER has the full right, power and authority to enter into and deliver this Agreement and to consummate the purchase Deleted: All taxes attributable to the year in which the Closing occurs shall be prorated and adjusted as of the Closing Date as an adjustment at the Closing (regardless of whether such taxes and special assessments are then due and payable or delinquent, and taking into nsideralion the maximum allowable discount). PURCHASER shall only be liable fur taxes assessed on the Building and said taxes determine based upon the appraisal obtained by the PURCHASER in cordance with paragraph 5.1(b) herein 483 of 703 and We of the Building in accordance herewith and to perform all covenants and agreements of SELLER hereunder. C. There are no leases, tenancies, or occupancies affecting the Building except the Leases that will be produced in accordance with Exhibit "C', There are no Deleted: se d- s commercial leases (such as billboard, cell tower, retail or office) affecting the Building. d. The SELLER is not a foreign entity under the Foreign Investment Real Property Tax Act ( "FIRPTA "). e. For purposes of this Agreement, whenever a representation is qualified by the phrase "to the best of SELLER'S knowledge" or "to SELLER'S knowledge" or by words of similar import, the accuracy of such representation shall be based solely on the actual (as opposed to constructive or imputed) knowledge of , who serves in the capacity of as to site issues relating to the Building and , who serves in the capacity of as to corporate matters set forth herein (the "Designated Seller Representatives "), without independent investigations or inquiry. No Additional Encumbrances From and after the date hereof, SELLER shall not, without obtaining PURCHASER'S prior written consent in each instance, create, incur, consent to or permit to exist, any easement, restriction, right -of -way, reservation, mortgage, lien, pledge, encumbrance, lease, license or occupancy agreement which in any way affects the Building_EMperty or any portion thereof other than those of record as of the date hereof and Seller hereby covenants that Seller shall comply with and abide by all of the terms and provisions of such existing easements, restrictions, rights -of -way, reservations, mortgages, liens, pledges, encumbrances, leases, licenses and occupancy agreement through the Closing Date hereunder. f. There are no pending suits or proceedings against or affecting SELLER or any part of the Building or Property which (i) do or could affect title to the Building Pr, operty or any part thereof; or (ii) do or could prohibit or make unlawful the consummation of the transaction contemplated by this Agreement, or render SELLER unable to consummate the same. g. The SELLER has full power and authority to execute and deliver this Agreement and all documents now or hereafter to be delivered by it pursuant to this Agreement, to perform all obligations arising under this Agreement, and to complete the transfer of the Building and Property contemplated by this Agreement. This Agreement has been duly executed and delivered by the SELLER and constitutes a valid, binding and enforceable obligation of the SELLER, subject to bankruptcy and other debtor relief laws and principals of equity. Real Property Sold As Is, Where Is, Release: SELLER makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by SELLER at Closing in accordance with this Agreement, and SELLER makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. The PURCHASER specifically acknowledges and agrees that SELLER shall sell and 484 of 703 PURCHASER shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the SELLER'S representations and warranties specifically set forth in this Agreement, PURCHASER is not relying on any representations or warranties of any kind whatsoever, express or implied, from SELLER its agents, officers, or employees, as to any matters concerning the Property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7) the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi - governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (11) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. As used herein, the term "Hazardous Materials" means (i) those substances included within the definitions of "hazardous substances ", "hazardous materials ", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances ", "hazardous materials ", "toxic substances" or "solid waste ", (iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. Deliveries and Covenants. The SELLER shall convey its title to the Building and Property o PURCHASER on the Closing Date. On the Closing Date, subject to the Permitted Exceptions. On the Closing Date, SELLER shall deliver to PURCHASER, the following: (a) Special Warranty Deed which shall contain a reverter clause- - Formatted: Body Text, Left regarding (i) Development Agreement to be signed by both PURCHASER AND SELLER by February 1, 2013; (ii) PURCHASER to obtain land use, site plan and construction plan approvals by July 1, 2013; (iii) PURCHASER has obtained a 485 of 703 Certificate of Occupancy for the building by January 1, 2014. Any reversionary interest shall be subject to any mortgage on the property. and which shall also contain deed restrictions which shall preclude adult entertainment, schools, half -way houses, sober houses, gas stations or dry cleaners (b) A Bill of Sale with respect to the Personal Property to be conveyed by the SELLER to the PURCHASER, if any. (c) A_Development Agreement executed by both PURCHASER SELLER on or before Closing, and other necessary documents to he executed by_both SELLER and PURCHASER. (d) An Assignment and Assumption Agreements (to be executed by both SELLER and PURCHASER), pursuant to which the SELLER shall assign to PURCHASER all of its rights under all Permits, Leases and Contracts to be assigned to PURCHASER in accordance with the terms hereof. (e) Possession of the Building and Property free and clear of all parties in possession and all keys, codes and other security and mechanical devices for the Building, including a listing and labeling thereof. From and after the execution of this Agreement, the SELLER shall not without PURCHASER's prior written consent, create any encumbrance on the Building or Pro e . For purposes of this provision the terms "encumbrance" shall include (without limitation) any lien, claim, option, right of first refusal, encroachment, right -of -way, lease, easement, covenant, condition, restriction, mortgage, deed or trust, assignment of rents, judgment or mechanic's lien. 8. Risk of Loss. Except as set forth below, risk of loss or damage from fire or other casualty including tropical event or earthquake is assumed by the SELLER until the Deed is delivered by the SELLER to PURCHASER. In the event that any portion of the Building is destroyed or rendered unleaseable by fire or other casualty then the following shall apply: (a) If the cost to repair the damage to Building, as determined by the insurance adjuster, is not more than $1,000,000, PURCHASER shall complete the transaction hereunder and all insurance proceeds (including property /casualty, rent loss and business interruption) shall be assigned to and paid to PURCHASER. The SELLER shall pay to PURCHASER on the Closing Date the full amount of any deductible under such Company's fire and extended coverage insurance policy, or PURCHASER shall be given a credit therefor at Closing. PURCHASER shall also be given a credit at Closing in an amount equal to any uninsured loss. (b) If the cost to repair the damage to the Building, as determined by the insurance adjuster, is more than $1,000,000, PURCHASER shall have the option to (i) Deleted: (iii) Commencement of Building Renovation by October 1. 2013; (iv) PURCHASER has obtained a Certificate of Occupancy for the Building by June 1, 2014. Deleted: the obligation of PURCHASER to obtain financing within nine (9) months' expiration of the Effective Date, and which shall also contain deed restrictions regarding the development of the Property consistent with the approved site plan Deleted: <#>Ninety nine (99) year Gromd Lease between SELLER Lessee a n d P as L es—. 1 Deleted: December 1 S, 2012 486 of 703 complete the transaction hereunder and collect all insurance proceeds (including property /casualty, rent loss and business interruption) or (ii) terminate this Agreement by providing written notice to SELLER and receive an immediate return of The Earnest Money, plus all accrued interest. 9. Conditions Precedent to Closing. The obligations of PURCHASER to pay the Purchase Price, and to perform PURCHASER'S other obligations at the Closing are and shall be subject to the satisfaction of each of the following conditions on or prior to the Closing Date: (a) SELLER shall have delivered SELLER'S executed closing documents to PURCHASER. (b) Title to the Building and Property shall be free of all encumbrances other than the Permitted Exceptions and the Building and Property shall be free of violations of record of any applicable law. (c) All of the representations and warranties of SELLER contained in this Agreement shall have been true and correct when made, and shall be true and correct on the Closing Date with the same effect as if made on and as of such date. SELLER shall not be obligated to close under this Agreement unless each of the following conditions precedent shall be satisfied or waived by SELLER on or prior to the Closing Date: 0) No Breach PURCHASER shall not be in breach of this Agreement. (ii) Accuracy of Representations. The representations and warranties made by PURCHASER in this Agreement shall be true and correct in all material respects on and as of the Closing Date as if they were made on the Closing Date. (iii) Development Agreement. PURCHASER and SELLER shall enter- - - - Formatted: Heading s, Just�ed, into a Development Agreement simultaneously with the execution of the Indent: Left: 1.5 Deed on the Closing Date. Deleted: n�r� umber i s, zolz 10. Enforceability. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law, provided that such enforcement comports with the parties' intentions as set forth in this Agreement. The terms of this Agreement shall not be construed against either party despite the fact that such party or its counsel prepared it or actively engaged in the negotiation of its terms and conditions. 11. Successors and Assigns. 487 of 703 This Agreement shall bind, and shall inure to the benefit of, SELLER and PURCHASER, and the respective, legal representatives, successors and assigns of SELLER and PURCHASER. Notwithstanding the foregoing, PURCHASER shall not assign all or any part of its interest in and to this Agreement without the prior written consent of the SELLER, and notwithstanding any such consent and subsequent assignment, the originally — named PURCHASER herein shall remain fully obligated and responsible for the satisfaction of the terms and conditions of this Agreement to be satisfied by the PURCHASER. 12. Counterparts; Captions. This Agreement may be executed in counterparts, which counterparts shall be deemed originals for all purposes, and which together shall be deemed one agreement. Captions and headings in this Agreement are for convenience only, and shall not be interpreted to limit the scope or meaning of any provision hereof. 13. Warranties and Representations of Purchaser. To induce SELLER to enter into this Agreement and to sell the Building and Property PURCHASER, m addition to the other representations and warranties set forth herein, makes the following representations and warranties to the best of the PURCHASER'S knowledge, each of which is material and is being relied upon by SELLER and shall survive Closing hereunder; a. That to the best of the PURCHASER'S knowledge, PURCHASER, has the full right, power and authority to enter into and deliver this Agreement and to consummate the purchase and sale of the Building and Property in accordance herewith and to perform all covenants and agreements of PURCHASER hereunder. b. That the execution and delivery of this Agreement and the consummation of the transaction contemplated herein shall not and do not constitute a violation or breach by Purchaser of any provision of any agreement or other instrument to which PURCHASER is a party or to which PURCHASER may be subject although not a party, nor result in or constitute a violation or breach of any judgment, order, writ, injunction or decree issued against PURCHASER. c. PURCHASER ACKNOWLEDGES THAT IT WILL HAVE A FULL AND COMPLETE OPPORTUNITY TO CONDUCT SUCH INVESTIGATIONS, EXAMINATIONS, INSPECTIONS AND ANALYSIS OF THE BUILDING AND MARKET CONDITIONS AS PURCHASER, IN ITS ABSOLUTE DISCRETION, MAY DEEM APPROPRIATE. PURCHASER FURTHER ACKNOWLEDGES THAT EXCEPT FOR SELLER'S REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT (THE "SELLER REPRESENTATIONS "), PURCHASER HAS NOT RELIED UPON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES BY SELLER OR ANY AGENT OF SELLER. EXCEPT FOR THE SELLER REPRESENTATIONS, PURCHASER AGREES THAT THE BUILDING SHALL BE SOLD AND THAT PURCHASER SHALL ACCEPT POSSESSION OF THE BUILDING ON THE CLOSING DATE STRICTLY ON AN "AS IS, WHERE IS, WILL ALL FAULTS" BASIS, AND THAT, EXCEPT FOR THE SELLER 10 488 of 703 REPRESENTATIONS, SUCH SALE SHALL BE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY SELLER, EXPRESS OR IMPLIED. 14. Defaults. If EITHER PARTY, shall fail or refuse to consummate the transaction contemplated herein in accordance with the terms of this Agreement as a result of material breach hereof by the Breaching Party, the Non - Breaching may, in its sole discretion, either (a) seek equitable relief to enforce the terms of this Agreement by way of specific performance or (b) terminate this Agreement on written notice Breaching Parry. 15. Assignment. All or any portion of PURCHASER'S rights and duties under this Agreement shall be transferable and assignable to an entity owned by, controlled by or affiliated with PURCHASER; however, in the event of any such transfer or assignment, PURCHASER shall remain personally liable for the performance of all obligations, covenants, conditions and agreements imposed upon PURCHASER pursuant to the terms of this Agreement or otherwise in connection with the transaction contemplated hereby. 16. Condemnation. In the event the Building or any substantial portion or portions thereof shall be taken or condemned or be the subject of a bona fide threat of condemnation by any governmental authority or other entity prior to the Closing Date, PURCHASER shall have the option of either (a) terminating this Agreement; or (b) closing in accordance with the terms of this Agreement. 17. Real Estate Commission. PURCHASER hereby represents and warrants to SELLER that PURCHASER has not engaged or dealt with any agent, broker or finder in regard to this Agreement or to the sale and purchase of the Buildin and Property contemplated hereby. PURCHASER hereby indemnifies SELLER and agrees to hold SELLER free and harmless from and against any and all liability, loss, cost, damage and expense, including, but not limited to, attorney's fees and costs of litigation, both prior to and on appeal, which SELLER shall ever suffer or incur because of any claim by any agent, broker or finder engaged by PURCHASER, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and Purchase of the Building and Property contemplated hereby. This shall survive closing. SELLER hereby represents and warrants to PURCHASER that SELLER has not engaged or dealt with any agent, broker or finder in regard to this Agreement or to the sale and purchase of the Building and Property contemplated hereby. SELLER hereby indemnifies PURCHASER and agrees to hold PURCHASER free and harmless from and against any and all liability, loss, cost, damage and expense, including but not limited to attorneys' fees and costs of litigation both prior to and on appeal, which SELLER shall ever suffer or incur because of any claim by any agent, broker or finder engaged by SELLER whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and Purchase of the Building and Property contemplated hereby. This obligation to indemnify the PURCHASER shall survive closing. 18. Purchaser Contingencies. 11 489 of 703 PURCHASER'S obligations hereunder are expressly contingent upon (a) the SELLER's ability to deliver to PURCHASER and the delivery to PURCHASER of (i) good, marketable and insurable title to the Building and Property free and clear of liens, encumbrances and restrictions (except for the Permitted Exceptions) and (ii) good and lien -free title to the Personal Property; (b) SELLER furnishing PURCHASER with all necessary approvals, including without limitation, approvals of the Companies' shareholders and directors, authorizing the transaction contemplated hereby; (c) SELLER furnishing PURCHASER, prior to the end of the Inspection Period, with copies of all permanent and unconditional certificates of occupancy acceptable to PURCHASER evidencing that all buildings, improvements and construction on the Sites have been fully completed in accordance with all laws, statutes, codes, ordinances, rules and regulations, (d) The City Commission of Boynton Beach authorizes the transaction by a majority vote. 19. Seller Contingencies: (a) SELLER may terminate this Agreement if PURCHASER has not executed a DEVELOPMENT AGREEMENT with SELLER by the Closing Date, which said Development Deleted: byDber 18,2012 Agreement is to be recorded in the Public Records of Palm Beach County, Florida (b) SELLER may terminate this Agreement if PURCHASER does not file a formal application for site plan approval and all other approvals with the City of Boynton Beach Qn or - Deleted: or before March 4, 2013. _ _ - Deleted: Mthi. by (c) SELLER may terminate this Agreement after July 1, 2013 if PURCHASER has not Deleted: m of obtained all necessary approvals and pulled all necessary permits for the redevelopment of the Buildin provided the failure to obtain the necessary approvals are not delayed by fault of the Deleted:. SELLER �-O. Notices. Any notices which may be permitted or required hereunder shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, transmitted via facsimile or within three (3) days after depositing with the United States Postal Service, postage prepaid by registered or certified mail, return receipt requested, or within one (1) day after depositing with Federal Express or other overnight delivery service from which a receipt may be obtained, and addressed as follows: To Seller at the following address: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Telephone: Facsimile: with a copy to: 490 of 703 James A. Cherof, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771 -4500 Facsimile: (954) 771 -4923 To Purchaser at the following address: Boynton Old School Partnership, LLC 826 South Federal Highway, #3 Lake Worth, FL 33460 Attn: Juan Conlin Telephone: Facsimile: with a copy to: Y. Lisa Heron, Esq. Smith, Currie & Hancock, LLP 101 NE 3rd Ave Suite 1910 Fort Lauderdale, Florida 33301 -1286 Telephone: 954- 769 -5329 Facsimile: 954 -524 -6927 To Escrow Agent: James A. Cherof, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771 -4500 Facsimile: (954) 771 -4923 or to such other address as either parry hereto shall from time to time designate to the other party by notice in writing as herein provided. 21. Escrow Agent. Escrow Agent shall not be entitled to any fees or compensation for its services as escrow agent hereunder. Escrow Agent shall be liable only to hold the Earnest Money, to invest same as provided for herein, and to deliver same to the parties named herein in accordance with the provisions of this Agreement. Escrow Agent, as escrow agent, is acting in the capacity of a depository only, and shall not be liable or responsible to anyone for any damages, losses or expenses unless same shall be caused by the gross negligence or willful malfeasance of Escrow Agent. hi the event of any disagreement among any of the parties to this Agreement or among 13 491 of 703 them or any of them and any other person, resulting in adverse claims and demands being made in connection with or for any Buildin or Property involved herein or affected hereby, Escrow Agent shall be entitled to refuse to comply with any such claims or demands as long as such disagreement may continue, and in so refusing, shall make no delivery or other disposition of any Building or Propert )L then held by it under this Agreement, and in so doing Escrow Agent shall not become liable in any way for such refusal, and Escrow Agent shall be entitled to continue to refrain from acting until (a) the rights of adverse claimants shall have been finally settled by binding arbitration or finally adjudicated in a court assuming and having jurisdiction of the Buildin or r Property involved herein or affected hereby, or (b) all differences shall have been adjusted by agreement and Escrow Agent shall have been notified in writing of such agreement signed by the parties hereto. Further, Escrow Agent shall have the right at any time after a dispute between Seller and Purchaser has arisen, to pay any deposits held by it into any court of competent jurisdiction for payment to the appropriate party, whereupon Escrow Agent's obligations hereunder shall terminate. 22. General Provisions. No failure of either party to exercise any power given hereunder or to insist upon strict compliance with any obligation specified herein, and no custom or practice at variance with the terms hereof, shall constitute a waiver of either parry's right to demand exact compliance with the terms hereof. This Agreement contains the entire agreement of the parties with respect to the transfer of fee simple title to the building only and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. Any amendment to this Agreement shall not be binding upon any of the parties hereto unless such amendment is in writing and executed by SELLER and PURCHASER. The provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective administrators, executors, personal representatives, successors and assigns. Time is of the essence of this Agreement. Wherever under the terms and provisions of this Agreement the time for performance falls upon a Saturday, Sunday, or Legal Holiday, such time for performance shall be extended to the next business day. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same agreement. The headings inserted at the beginning of each paragraph are for convenience only, and do not add to or subtract from the meaning of the contents of each paragraph. SELLER and PURCHASER do hereby covenant and agree that such documents as may be legally necessary or otherwise appropriate to carry out the terms of this Agreement shall be executed and delivered by each part at the Closing. This Agreement shall be interpreted under the laws of the State of Florida. 23. Severability. This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or enforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law. 14 492 of 703 24. Attorneys' Fees. In the event of any dispute hereunder or of any action to interpret or enforce this Agreement, any provision hereof or any matter arising here from, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including, but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses whether suit be brought or not, and whether in settlement, in any declaratory action, at trial or on appeal. This provision shall survive Closing or the termination of this Agreement. 25. Effective Date. The Effective Date of this Agreement shall be the date upon which the last party to sign this Agreement has executed this Agreement. PURCHASER shall confirm to SELLER in writing the date of the Effective Date. PURCHASER recognizes that though it has negotiated this Agreement with SELLER'S representatives and has signed it, SELLER cannot execute this Agreement until it has fully complied with the provisions of Section 8.03 of SELLER'S Charter. If the City Commission of Boynton Beach approves this Agreement in accordance with Section of the Charter, then the Effective Date shall be the date upon which SELLER executes this Agreement. 26. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 27. Consent. Except as may be otherwise expressly provided herein, in the event that either party is required to consent to a particular action or event, such consent shall not be unreasonably withheld, conditioned or delayed. 28. Time of the Essence Time is of the essence with respect to each provision of this Agreement. Provided however, if the date for performance is on a Saturday, Sunday or federal holiday, the date for performance shall be extended to the next business day. 29. No Third Party Beneficiaries This Agreement is an agreement between SELLER and PURCHASER only and no third parties shall be entitled to assert any rights as third party beneficiaries hereunder. 30. Counterpart Execution 15 493 of 703 This Agreement may be executed in two or more counterparts, all of which together shall constitute but one and the same Agreement. To facilitate the execution and delivery hereof, the parties may exchange executed counterparts hereof, or of any amendment hereto, by facsimile or other similar electronic transmission, which transmission shall be deemed delivery of an original executed counterpart by such party. IN WITNESS WHEREOF, Purchaser, Seller and Escrow Agent have caused this Agreement to be executed as of the dates set forth below. WITNESSES: Print Name: Print Name: WITNESSES: Print Name: Print Name: ESCROW AGENT: Goren, Cherof, Doody & Ezrol, P.A. "PURCHASER" Boynton Old School Partnership, LLC BY: Juan Conlin Title: Manager Date: "SELLER" City of Boynton Beach By: Name Title Date: 16 494 of 703 EXHIBIT "A" Legal Description 495 of 703 EXHIBIT "B" Preliminary Site Plan and preliminary elevations. 496 of 703 EXHIBIT "C" LIST OF DUE DILIGENCE MATERIALS REQUESTED BY PURCHASER To be completed by Purchaser 497 of 703 HA GOV CLtENTSkBB 90619904890 BB HIGH SCHOOMBuildiag Purchase Agrcemeut 11.27.12 redli d" 20 498 of 703 13. A LEGAL December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 7, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ® PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: PROPOSED ORDINANCE NO. 12 -018 - SECOND READING - PUBLIC HEARING - Approve abandonment of a portion of a Utility Easement (ABAN 12 -001) at 501 SE 18th Avenue, Sunshine Square Shopping Center, zoned C -3 (Community Commercial). Applicant: James Mirrione, E & A Sunshine Square, LLC. EXPLANATION OF REQUEST: James Mirrione of E & A Sunshine Square, LLC, is requesting to abandon a portion of a utility easement in conjunction with the new Publix Supermarket at the Sunshine Square Shopping Center. The portion of the twelve (12) foot -wide utility easement to be abandoned runs in an east -west direction for a distance of approximately 355 feet. The subject easement was originally dedicated to the City for utility purposes and the City's own utilities were the only service provider utilizing the easement. As a result of the reconstruction of the Publix Supermarket, the developer and Utility staff agreed to have the utilities relocated out of this easement and into a new easement, to reduce site conflicts. Therefore during construction, this easement was physically abandoned and a new easement created. The subject request is essentially a housekeeping matter to formalize and closeout the abandonment of that portion of the easement already vacated in the field, which no longer serves a public purpose. The applicant drafted a legal description and sketch for the newly created easement, which was reviewed and approved by the Utilities and Engineering Departments, and recorded in the County records. 499 of 703 Based upon the provision of the new utility easement, staff recommends APPROVAL of the applicant's request. The Planning & Development Board reviewed the request at their October 23, 2012 meeting and recommends the abandonment be approved. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The abandonment of the portion of the utility easement will not adversely impact City services, as a new utility easement has been dedicated and recorded in the Palm Beach County records. FISCAL IMPACT: N/A ALTERNATIVES: None recommended. 500 of 703 ORDINANCE NO. 12 -018 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING ABANDONMENT OF A PORTION (355 FOOT STRIP) OF THE TWELVE (12) FOOT - WIDE UTILITY EASEMENT, LOCATED AT 501 SE 18 AVENUE, SUNSHINE SQUARE SHOPPING PLAZA, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, James Mirrione of E & A Sunshine Squre, LLC., is requesting to abandon a portion (355 foot strip) of a twelve (12) foot -wide utility easement located at 501 SE 18 Avenue, Sunshine Square Shopping Plaza, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning & Zoning Board, and the City Commission on the proposed abandonment; and WHEREAS, staff finds that this portion of the utility easement is being vacated because there are no longer any public utilities located within the easement and will not have any public utilities in the future, therefore no longer serves a public purpose, and the City Commission adopts that finding. 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 incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion (355 foot strip) of the twelve (12) foot -wide utility easement located at 501 SE 18 Avenue, Sunshine Square Shopping Center in the City of Boynton Beach, subject to staff comments. The property being abandoned is more particularly described as follows: A STRIP OF LAND BEING A PORTION OF LOT 1, AS RECORDED IN PLAT BOOK 1, AT PAGE 4 AND BEING A PORTION OF THAT CERTAIN 12.00 FOOT WIDE UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 881, AT PAGE 840 AND OFFICIAL RECORDS BOOK 884, AT PAGE 459, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LANDS LYING 501 of 703 AND SITUATE IN A PORTION OF THE NORTHEAST ONE - QUARTER (NE '/4) OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE SOUTH 89 43'15" WEST ALONG THE NORTH LINE OF SAID SECTION 33, FOR 1,248.84 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT -OF -WAY LINE FOR FLORIDA EAST COAST RAILROAD; THENCE SOUTH 08 11'15" WEST ALONG SAID EASTERLY LINE, FOR 529.77 FEET TO THE POINT OF BEGINNING OF A 12.00 FOOT WIDE STRIP OF LAND LYING 6.00 EACH SIDE OF AND ADJACENT TO THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 89 43'15" EAST, FOR 355.87 FEET TO THE POINT OF TERMINUS. SUBJECT TO EXISTING EASEMENTS, RIGHTS -OF -WAY, COVENANTS, RESERVATIONS AND RESTRICTIONS OF RECORD, IF ANY. SAID LANDS LYING AND SITUATE IN PALM BEACH COUNTY, FLORIDA A location map is attached hereto as Exhibit "A." Section 3. The Interim City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this 7 th day of November, 2012. 502 of 703 SECOND, FINAL READING AND PASSAGE THIS day of , 2012. ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — Mack McCray Commissioner — Commissioner — Steven Holzman Commissioner — Marlene Ross 503 of 703 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion (355 foot strip) of the twelve (12) foot -wide utility easement located at 501 SE 18 Avenue, Sunshine Square Shopping Center in the City of Boynton Beach, subject to staff comments. The property being abandoned is more particularly described as follows: A STRIP OF LAND BEING A PORTION OF LOT 1, AS RECORDED IN PLAT BOOK 1, AT PAGE 4 AND BEING A PORTION OF THAT CERTAIN 12.00 FOOT WIDE UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 881, AT PAGE 840 AND OFFICIAL RECORDS BOOK 884, AT PAGE 459, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LANDS LYING AND SITUATE IN A PORTION OF THE NORTHEAST ONE - QUARTER (NE '/4) OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE SOUTH 89 43'15" WEST ALONG THE NORTH LINE OF SAID SECTION 33, FOR 1,248.84 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT -OF -WAY LINE FOR FLORIDA EAST COAST RAILROAD; THENCE SOUTH 08 11'15" WEST ALONG SAID EASTERLY LINE, FOR 529.77 FEET TO THE POINT OF BEGINNING OF A 12.00 FOOT WIDE STRIP OF LAND LYING 6.00 EACH SIDE OF AND ADJACENT TO THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 89 43'15" EAST, FOR 355.87 FEET TO THE POINT OF TERMINUS. SUBJECT TO EXISTING EASEMENTS, RIGHTS -OF -WAY, COVENANTS, RESERVATIONS AND RESTRICTIONS OF RECORD, IF ANY. SAID LANDS LYING AND SITUATE IN PALM BEACH COUNTY, FLORIDA IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2012. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet M. Prainito, MMC Lori LaVerriere, Interim City Manager City Clerk 504 of 703 STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Janet M. Prainito, Interim City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2012. NOTARY PUBLIC, State of Florida My Commission Expires: 505 of 703 �me- IN - W wMe long 506 of 703 OPT ' f 1 rr f . ISM n*"1W - dD & f S O M A . . 7c= ' � ' 7 � �. LW „ r d r 507 of 703 • � f ,. •tip• � - _,� � ,1 �.. 1 � Y , � . _- � • • • . • r ' • 1• ' s r ' • ..I• a - � _ � ri Ile- apt- Jammu J 1 I • r J . 1 Ir . T.! ^ 1 � I r - , 1 '�� i 1 •1 al ISO, �L = iom ta jr e • - 6 .- z 1 1 1 • _ _ 508 of 703 EXHIBIT "A" - SITE LOCATION MAP 509 of 703 zoo 100 0 200 400 600 8 0 eet ® WI Wantman Group, Inc. Engineering'i Planning # Surveying 4s. Env,ronmentol 2035 VISTA PARKWAY, SUITE 100, WEST PALM BEACH, FL 33411 (866) 909 -2220 phone (561) 687 -1110 fox CERTIFICATE OF AUTHORIZATION No. LB 7055 ORLANDO — PORT ST LUCI£ — TAMPA DESCRIPTION & SKETCH PREPARED FOR: EDENS LEGAL DESCRIPTION: SKETCH OF 12' U.E. TO BE A84NDONDED Portion of Lot 1 Plat Book 1, Page 4 Palm Beach County, Florida (Sunshine Square - Publix Plaza) A STRIP OF LAND BEING A PORTION OF LOT 1, AS RECORDED IN PLAT BOOK 1, AT PAGE 4, AND BEING A PORTION OF THAT CERTAIN 12.00 FOOT WIDE UTILITY EASEMENT, RECORDED IN OFFICIAL RECORDS BOOK 881, AT PAGE 840 AND OFFICIAL RECORDS BOOK 884, AT PAGE 459, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LANDS LYING AND SITUATE IN A PORTION OF THE NORTHEAST ONE- QUARTER (NE 114) OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE SOUTH 89'43'15" WEST ALONG THE NORTH LINE OF SAID SECTION 33, FOR 1,248.84 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT -OF -WAY LINE FOR FLORIDA EAST COAST RAILROAD; THENCE SOUTH 08'11'15" WEST ALONG SAID EASTERLY LINE, FOR 529.77 FEET TO THE POINT OF BEGINNING OF A 12.00 FOOT WIDE STRIP OF LAND LYING 6.00 EACH SIDE OF AND ADJACENT TO THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 89'43'15" EAST, FOR 355.87 FEET TO THE POINT OF TERMINUS. SUBJECT TO EXISTING EASEMENTS, RIGHTS -OF -WAY, COVENANTS, RESERVATIONS AND RESTRICTIONS OF RECORD, IF ANY. SAID LANDS LYING AND SITUATE IN PALM BEACH COUNTY, FLORIDA. (NOT A SURVEY - DESCRIPTION AND SKETCH ONLY) SURVEYOR'S NOTES: 1. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSM,17E A FIELD SURVEY AS SUCH. 2 BEARINGS BASED ON THE NORTH LINE OF SEC77ON 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORILK SAID NORTH LINE HAVING AN ASSUMED BEARING OF S 89'43'15" W AND ALL OTHER BEARINGS RECITED HEREON ARE RELATIVE THERETO. DATE. REVISION: BY.• 08120112 REVISED PER CITY COMMENTS MRG FOR THE FIRM WANTUO GROUP, INC. era a I I I OFFICE I MRG I DAB 03106112 I JOB 11011061.01 1 I I ICHECKED I DGZ I SHEET 1 OF 3 IDWG72700 -12ft UE AB' 510 of 703 ® WGI LOOM Wdritman Group, Inc. 1 2 = Center line Engineering ,� Planning s;. Surveying, Environmental ORB = Official Records Book 2035 VISTA PARKWAY, SU17E 100, WEST PALM BEACH, FL 33411 PBCR = Palm Beach County Records (866) 909 -2220 phone (561) 687 -1110 fax PB = Plat Book CERT06ATE OF AUTHORIZATION No. LB 7055 PG. = Page ORLANDO — PORT ST. LUCIE — TAMPA www.wantmongroup.com R/W = Right — of — Way DESCRIPTION & SKETCH U. E. = Utility Easement PREPARED FOR: Q EDENS t (Basis of Bearings) i z �� 2620.09' (Measured) To North 1/4 Corner Section 33 -45 -43 Found Palm Beach County, Brass Disc Woolbright Road n' S89'43'15"W 1248 Avenue 4 "r. V— — — _ - - -- -- NORTH LINE SECTION 33 -45 -43 Q t (Basis of Bearings) i z �� POINT COMMENCEMENT S89 °43'15'W 0 Northeast Corner 1 (Assumed) I__ — _ Q Z Section 33 - 45 - 43 t-. I — 12' UTILITY EASEMENT (ORB 884, PG. 459 PBCR) I s' Z � K Found Palm Beach County, Brass Disc I (ORB 881, PG. 840 PBCR) 10' UTILITY EASEMENT -- ! _� Z Q (ORB 112 1, PG. 536 PBCR) i j LOT 1 POINT OF (PB 1, PG. 4, PBCR) PORTION OF THE NORTHEAST 114 BEGINNING OF SECTION 33 -45 -43 FOR SKETCH OF DESCRIPTION SEE SHEET 3 12' UTILITY EASEMENT 0 i (ORB 884, PG. 459 PBCR) V (ORB 881, PG. 840 PBCR) z CO ---------- - -L - - -- - -- O � r -- li SCALE: 1 " = 200' J (Intended Display Scale) DATE- REI4SIOM BY.• 08120112 REVISED PER CITY COMMENTS MRG I (NOT A SURVEY - .DESCRIPTION AND SKETCH ONLY) I I I J OFFICE I MRG I DATE 03106112 J J08 11011061.01 1 L I _ CHECKED I DGZ ISHEET 2 OF 3 _ JDWG 72700_ 12ft UE AEI 511 of 703 ® WGI = Center line Wantman Group, Inc, = Official Records Book Engineering * Planning * Surveying 4i Environmental = Palm Beach County Records 2035 tWSTA PARKWAY, SUITE 100, WEST PALM BEACH, FL 33411 = Plat Book (866) 909 -2220 phone (561) 687 -1110 fox = Page CERTIFICATE OF AUTHORIZATION No. LB 7055 = Right —of —Way ORLANDO — PORT ST. LUCIE — TAMPA www.wantmangroup.com SCALE. 1 " = 60' DESCRIPTION & SKETCH (Intended Display Scale) PREPARED FOR: EDENS i! r FOR POINT OF COMMENCEMENT SEE SHEET 2 LOT 1 (PB 1, PG. 4, PBCR) ai ( PORTION OF THE NORTHEAST 114 • N OF SECTION 33 -45 -43 12' UTILITY EASEMENT (ORB 881, PG. 840 PBCR) � � o EASEMENT O J O W D o 4 N89'43' 15 E 355.87' — 12' UTILITY EASEMENT (ORB 884, PG. 459 PBCR) (ORB 881, PG. 840 PBCR) ° o POINT OF TERMINUS LEGO& q = Center line ORB = Official Records Book PBCR = Palm Beach County Records PB = Plat Book PG. = Page R/W = Right —of —Way U. E. = Utility Easement DA 7E.- REVISION: BY.- 08120112 REVISED PER CITY COMMENTS MRG (NOT A SURVEY—DESCRIPTION AND SKETCH ONLY) OFFICE MRG DATE 03/06112 JOB 11011061.01 CHECKED I DGZ SHEET 3 OF 3 DWG 72700_12ft UE A POINT OF BEGINNING 512 of 703 EXHIBIT "C" Conditions of Approval Project name: Sunshine Square File number: ABAN 12 -001 Reference: DEPARTMENTS INCLUDE REJECT ENGINEERING /PUBLIC WORKS/ UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S: \Planning \SHARED \WP \PROJECTS \Sunshine Square\ABAN 12- 001 \COA (after P &D Mtg.).doc 513 of 703 L • S 1 L _ 1' .'..r Wit • .� �. f, r r r . - , r J '' • 1 , L U 4 - r- ti - 5y S L 1 1. . 4 • A r r'M L WJ L = } _ _ L { y r 1 Nir OR NO A111�1111(1; 6"0 Will —. . Y ' ' 1 L • 5 .~ 11 e ` v* Poe #0 fift IM S - • � i��1��SS . 1 ' a ' r ti % • • r t _• r , k - r , ti ti - r. L • , • , - • , • • _11% • L • , % 514 of 703 13. B LEGAL December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: PROPOSED ORDINANCE NO. 12 -019 - SECOND READING - PUBLIC HEARING - Approve changes to the City's Code of Ordinances, Chapter 26 - Article IV — Sewers, pursuant to Chapter 62 -025 of the Florida Administrative Code regarding Industrial Pretreatment Regulations and their proper enforcement. EXPLANATION OF REQUEST: The Utility works in conjunction with the City of Delray and the SCRWWTP to meet the requirements of chapter 62 -625 of Florida Administrative Code regarding our Industrial Pre - treatment Plan. A recent audit of the plans by the FDEP identified the need to make revisions following changes to the rule in May, 2010. Due to the extent of the changes the parties hired Mathews Consulting to work through the issues and prepare revisions acceptable to the FDEP. This work has now been completed and the FDEP have indicated their approval of the revised documents. As a first step the Commission has already approved a change to the Interlocal Agreement with the City of Delray and we are now moving forward with the next phase. This includes both a change to the City's ordinance regarding industrial pretreatment and approval of the associated Enforcement Plan which will occur following the second reading. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will bring the City into line with the requirements of the Florida Administrative Code. FISCAL IMPACT: None ALTERNATIVES: The proposed changes are mandated by the Florida Administrative Code and a necessary requirement for the SCRWWTP operating permit. 515 of 703 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26. WATER, SEWERS AND CITY UTILITIES, ARTICLE IV, SEWERS TO INCORPORATE THE NEW REQUIREMENTS CONTAINED IN THE REVISED INDUSTRIAL PRETREATMENT REGULATIONS AND THEIR PROPER ENFORCEMENT TO COMPLY WITH FDEP REQUIREMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Utilities Department works in conjunction with the City of Delray Beach and the South Central Regional Wastewater Treatment and Disposal Board to meet the requirements of Chapter 62 -625, Florida Administrative Code regarding our Industrial Pre- Treatment Plan; and WHEREAS, a recent audit of the Plans by the Florida Department of Environmental Protection identified the need to make revisions following changes to the rule in May, 2010; and WHEREAS, the City Commission has already approved a change to the Interlocal Agreement with the City of Delray Beach and it requires moving forward with the next phase by changing the City's ordinance regarding industrial pretreatment and approval of the associated Enforcement Plan which will occur following second reading of the ordinance; and WHEREAS, the City Commission of the City of Boynton Beach, Florida has determined that it is in the best interests of the citizens and residents of the City to amend Chapter 26, clarifying certain subdivisions and bringing others into compliance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. That Chapter 26, Article IV, Sewers, hereby amended by adding the words 516 of 703 and figures in underlined type, and by deleting the words and figures in struck - through type in the manner shown in attached Exhibit "A ". Section 3. Each and every other provision of Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective ninety (90) days after passage. FIRST READING this day of , 2012. 517 of 703 SECOND, FINAL READING AND PASSAGE this day of , 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — Mack McCray Commissioner — Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (CORPORATE SEAL) 518 of 703 Boynton Beach Model SUO ntSO Reference Comment 7Referenic�e The definition of COD is not correct. It is a measure of the 1.4 l 26 -115 oxidation of organic and inorganic matter. The Department suggests revising the definition to be consistent with the language found in the Model Ordinance. The EPA has revised the definition of "existing source ". The 1.4 K § 26 -115 Department recommends using the definition found in the Model Ordinance. 1.4 Mend The Department recommends the definitions of "indirect And § 26 -115 discharge" and "interference" be revised to reference Chapter 403, 1.40 Florida Statutes (F.S.), as found in subsections 62- 625.200(6) and ( 9), F.A.C., respectively. 1.4 P § 26 -115 The Department recommends including the definition of "local limit", as found in the Model Ordinance. The Department suggests referencing subsection 62- 625.410(5), 1.4 ZZ § 26 -115 F.A.C., as found in the definition of "pretreatment" (subsection 62- 625.200 1 , F.A.C.), None § 26 -115 The Department suggests removing "TTO (total toxic organics)" from the definitions and throughout the SUO. The general prohibitions are not complete. The prohibitions must 2.1 § 26 -142 include pass through and interference in accordance with p aragraph 62- 625.400 1 a , F.A.C. § 26- 142(bb) The Department recommends the removal of the TTO because the 21 B(9) and limits are not technically based. Should the City of Boynton Beach § 26- choose to maintain the specific pxohibition on TTO please correct 147 b 1 d the reference to 40 CFR in Section 26 -147 b 1 d. The Department recommends including the authority to calculate equivalent limits for production -based standards, La addition to 2.2 B, H, and § 26- 148(b) standards expressed only in terms of mass or concentration. This I section may reference subsection 62- 625.410(4), F.A.C., for specific requirements for production -based standards, or include them directly as shown in the Model Ordinance. The Department recommends that application be due 90 days 4.4 § 26- 160(d) prior to discharge to correspond with the 90 -day time frame for baseline monitorial reports BMRs . The industrial user application contents are not complete. In addition, the application contents refers to the BMR contents in 4.5 A § 26- 161(a) Section 26 -156, which then refers to 62- 625.600(1), F.A.C. The Department recommends including all applicable application contents, including monitoring waiver requests, found in the Model Ordinance. 519 of 703 Model SUO Boynton SUO Reference Reference Comment The Department recommends the report certification statement be included in the SUO only once and referenced elsewhere in the 4 7 § 26- 161(e), SUO as appropriate. However, if the statement is in multiple and § 26- 159(a), locations please ensure the language is correct. In addition, please 6.14 A and include the statement requiring the authorized representative of § 26- 157(f) the user be updated if a new individual is responsible. Refer to the Model Ordinance, and subparagraph 62- 625.410(2)(b)2 and subsection62- 625.600 11 , F.A.C., and revise the SUO accordingly. Any grant of a monitoring waiver must be included in the 5.2 A.(8) § 26- 160(f) discharge permit. Please refer to the Model Ordinance and revise the SUO as appropriate. A section addressing permit revocation could not be found. The 5.6 § 26 -160 Department recommends that permit revocation provisions be included. Please refer to the Model Ordinance and revise the SUO as appropriate. The BMR requirements are only included in the SUO by reference 6.1 B to 62- 625.600(1), F.A.C. The Department recommends including and § 26- 156(a) language found in subsection 62- 625.600(1), RAC., and Sections 4.5 A 4.5 A and 6.1 B of the Model Ordinance (see comment 4.5 A above ). All BMRs must be signed and certified in accordance with Section 6.1 B(5) § 26 -156 53.101(B). This requirement could not be found. Please refer to the Model Ordinance and revise the SUO as appropriate. The requirements for a 90 -day compliance report, Section 53.080(C), are not complete. The Department recommends 6.3 § 26- 156(c) including the language found in subsection 62- 625.600(3), F_A.C., and Section 6.3 of the Model Ordinance. Please revise the SUO as appropriate. The section regarding hazardous waste discharge notification is not complete. An additional notification to the Florida 6.9 § 26 -155 Department of Environmental Protection pretreatment authorities is required by subsection 62- 625.600(15), F.A.C. Please revise this section accordingly. Please include the requirement that all sampling must comply with "The Department of Environmental Protection Standard 6.11 § 26- 158(c) Operating Procedures for field Activities (DEP- SOP - 001/01)". Please refer to paragraphs 62- 625.600(6) (c) and (d), F.A.C., and revise the SUO accordingly. Also, please correct the internal reference in this section. 614 B § 26- 157(h) There appear to be a typo in the reference to the definition of "NSCIU" please correct. 520 of 703 Model SUO Boynton SUO Reference Reference Comment A section addressing the monitoring waiver certification statement 6.14 C § 26- 157(a) could not be found. The certification statement and requirement for submittal on each report must be included. Please refer to the Model Ordinance and revise the SUO as appropriate. 7.1 C The Department recommends the SUO include the right to require installation of monitoring equipment and remove any to § 26- 158(a) obstructions. Please refer to the Model Ordinance and revise the 7.1 E SUO accordingly. The minimum civil and criminal penalties are not correct. In accordance with 40 CFR 403.8 (f)(vi)(A) and 62- 625.500(2)(a)5.a, 11.2 P.A.C. all control authorities shall have authority to seek or assess a § 26-177 civil or criminal penalties in at least the amount of $1,000 a day for 11.3 each violation by industrial users of pretreatment standards and requirements. Please revise the SUO accordingly. The section regarding affirmative defenses to prohibited discharges violation is not complete. Please refer to the Model 13.2 § 26- 176(a) Ordinance and paragraph 62- 625.400(1)(b), F.A.C. and revise the SUO accordingly. 521 of 703 CITY OF BOYNTON BEACH, FLORIDA, CODE OF ORDINANCES PART II CODE OF ORDINANCES CHAPTER 26 — WATER SEWERS & CITY UTILITIES ARTICLE IV. SEWERS Table of Contents: Section 26 -112 Purpose. Section 26 -113 Policy and Scope. Section 26 -114 Application of chapter. Section 26 -115 Abbreviations and Definitions. Section 26 -116 Compliance with provisions or more stringent regulations. Section 26 -117 Disposal of sewage other than through regional facilities. Section 26 -118 Right to refuse waste upon noncompliance. Section 26 -119 Depositing objectionable wastes on public and private property. Section 26 -120 Discharging into natural outlets. Section 26 -121 Privies, septic tanks, and other facilities. Section 26 -122 Suitable toilet facilities. Section 26 -123 Discharge prohibited in storm sewer system. Section 26 -124 Damaging or tampering with sewage works Section 26 -125 Connecting building sewer to private sewage disposal system. Section 26 -126 Written permit to be obtained; application; inspection fee. Section 26 -127 County to inspect installations. Section 26 -128 Compliance with state department of environmental protection and other current regulations. Section 26 -129 Connecting private sewage disposal system to public sewer. Section 26 -130 Maintenance of private sewage disposal facilities. Section 26 -131 Written permit required for use of public sewer; application; fee. Section 26 -132 Costs and expense of installation and connection of building sewer; indemnification. Section 26 -133 Separate building sewer provided for every building. Section 26 -134 Use of old building sewers with new buildings. Section 26 -135 Building sewer specifications. Section 26 -136 Gravity flow of building drain to public sewer. Section 26 -137 Surface runoff or groundwater. Section 26 -138 Inspection of connection to public sewer. Section 26 -139 Barricades and lights around sewer excavations. Section 26 -140 Wastes discharged into sanitary sewers to meet criteria. Section 26 -141 Discharge of stormwater and other unpolluted drainage. Section 26 -142 Prohibited discharges to sewers. Section 26 -143 Reserved. Section 26 -144 Pretreatment, equalization of waste flows. Section 26 -145 Interceptors. Section 26 -146 Maintaining flow - equalizing facilities and /or interceptors for preliminary treatment. Section 26 -147 Admission of industrial and commercial waste. 522 of 703 Section 26 -148 Compliance. Section 26 -149 Application of more stringent requirements; City shall notify affected users. Section 26 -150 City's right of revision. Section 26 -151 Excessive discharge. Section 26 -152 Prevention of accidental and slug discharges. Section 26 -153 Written report required describing cause of discharge. Section 26 -154 Notice to employees in event of dangerous discharge; emergency notification procedure. Section 26 -155 Notification of the discharge of hazardous waste. Section 26 -156 Compliance reporting requirements. Section 26 -157 Other reporting requirements. Section 26 -158 Inspection and sampling. Section 26 -159 Information and data to be made available. Section 26 -160 Special permit required; term. Section 26 -161 Application for permits; contents. Section 26 -162 User charges; wholesale sewer rates; calculation of sewer surcharge. Section 26 -163 Application of surcharge over standard use fee. Section 26 -164 Industrial cost recovery system. Section 26 -165 Review and amendment on annual basis. Section 26 -166 Notice of violations; liability for expense, loss or damage. Section 26 -167 Responsibility for treatment and disposal. Section 26 -168 Right to enter premises and obtain information concerning discharges. Section 26 -169 Suspension of wastewater treatment service; notice to stop discharge; failure to comply. Section 26 -170 Publication of users in signification violation. Section 26 -171 False statements of documents prohibited. Section 26 -172 Show cause hearing. Section 26 -173 Legal action against use for appropriate relief. Section 26 -174 Retention of records required. Section 26 -175 Enforcement plan. Section 26 -176 Remedies. Section 26 -177 Penalties. Section 26 -178- Section 26 -204 Reserved. 523 of 703 DIVISION 4. INDUSTRIAL AND COMMERCIAL WASTE Subdivision A. General Provisions Sec. 26 -112. Purpose. The purpose of this chapter is to regulate industrial waste pretreatment facilities and discharge of industrial waste into the Wastewater Facility (WWF) operated by the South Central Regional Wastewater Treatment and Disposal Board and providing for pollutant limitations, data collection, monitoring, and sampling, and providing for penalties for the violation thereof for the following purposes: (a) To prevent the introduction of pollutants into the city's wastewater system which will interfere with the normal operation of the wastewater collection system or the wastewater treatment plant, or which will contaminate the resulting municipal sludge; (b) To prevent the introduction of pollutants into the city's wastewater collection system which do not receive adequate treatment by the WWF, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; (c) To protect the Wastewater Facility workers and the general public; (d) To provide for fees for the equitable distribution of the costs of operation, maintenance, and improvement of the Wastewater Facility; (e) To improve the opportunity to recycle and reclaim wastewater and sludge from the system; and (f) To enable the city to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the WWF is subject. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -113. Policy and scope. The policy is established that the provisions of this chapter will be enforced to the fullest extent possible under the provisions of Federal Pretreatment Regulations 40 CFR Part 403 and Florida Administrative Code Rules, 62 -302, 62 -600, 62 -604, 62 -610, and 62 -625 issued by the Florida Department of Environmental Protection. The standards set forth are minimum requirements to ensure the general health and welfare of the public. Except as otherwise provided herein, the city shall administer, implement, and enforce the provisions of this chapter. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) 524 of 703 Sec. 26 -114. Application of chapter. (a) The use of city wastewater facilities by any entity or local government shall subject that entity or local government to the application of this chapter. This shall include, but not be limited to, wholesale, retail, and large agreement users, whether inside or outside the city limits. (b) The regulations of this chapter shall apply to all users of the sewer facilities of the city whether inside or outside the city, including all other local governments such as, but not limited to, the Town of Highland Beach, the Town of Gulf Stream, and contributions from incorporated or unincorporated agencies of Palm Beach County. Furthermore, all local government users shall be required, within 60 days after enactment of this chapter and notice thereof, to enact ordinances substantially similar to this chapter and to apply and enforce the same to all users of their public and sanitary sewer systems. (Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -115. Abbreviations and Definitions. The following abbreviations, when used in this chapter, shall have the designated meanings: BOD Biochemical Oxygen Demand CFR Code of Federal Regulations COD Chemical Oxygen Demand DEP Department of Environmental Protection EPA United States Environmental Protection Agency FAC Florida Administrative Code FDEP Florida Department of Environmental Protection gpd gallons per day mg/l milligrams per liter NPDES National Pollutant Discharge Elimination System O &M Operation and Maintenance POTW Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act 525 of 703 SIC Standard Industrial Classification TSS Total Suspended Solids TT0 T o t a l T ex i m . / lr..., B ie s USC United States Code WWF Wastewater Facility For the purpose of this chapter, all definitions shall be applied and interpreted in accordance with 40-3Rule 62 -625, F.A.C. as amended. Act and The Act. The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et seq. Approval authority. The Florida Department of Environmental Protection. Authorized representative of the user. (1) If the user is a corporation a responsible corporate officer. a. The pr esident , o ret., -,. t feasu o w id e ,t of the c orpo r a tio n ; charge of employing more than 250 per-sons or- having gross annual sales or- expeRditwes exceeding or delegated to the manager- in v.xidh eor-porate proeedures. (2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. (3) If the user is a federal, state, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (4) The individuals described in paragraphs (1) through (3), above, may designate another authorized representative if the authorization is in writing by the individual described in (1) through (3) above the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city. Best Management Practices or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in 526 of 703 subsections 62- 625.4000)(a) and (2), F.A.C. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, industrial sludge or waste disposal, or damage from raw materials storage. Board. The South Central Regional Wastewater Treatment and Disposal Board, including, in the appropriate case, the regional treatment facilities, and all its other attendant facilities. Board (WWF). The Board of Directors of the South Central Regional Wastewater Treatment and Disposal Board. B.O.D. (Denoting Biochemical Oxygen Demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° centigrade, usually expressed as a concentration (e.g., mg/1). Building sewer. Sewer conveying wastewater from the premises of a user to the collection system which transmits wastewater to the WWF. Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 USC Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 -471. Categorical industrial users. An industrial user subject to categorical pretreatment standards under Rule 62- 625.410, F.A.C., including 40 CFR Chapter I, Subchapter N, Parts 405 - 471, as of July 1, 2009, herby adopted and incorporated by reference. Chemical oxygen demand (C.O.D.). A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water. " measurement o f the o xyg e n e o f th . City. The City of Boynton Beach; all that land and water area included within the boundaries of the "City" in which the Commission proposes to acquire, establish, construct, extend, operate, and maintain sanitary sewerage facilities, except as follows: (1) All state and federally owned land and water area located in the city or county, except where the state and federal government consent to the provisions of this chapter. (2) All land and water area duly franchised by the city or county to privately owned sewer utility companies for the provisions of sewer service, except where the privately owned sewer utility companies consent to the provisions of this chapter. Collection system. The system of public sewers to be operated by the city and connected to the WWF facilities. Compatible pollutant. A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus 527 of 703 additional pollutants identified in the NPDES permit if the wastewater facility was designed to treat those pollutants, and in fact, does remove the pollutant to a substantial degree. Composite sample. A series of samples taken over a specific 24 -hour time period at intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample. Flow proportional sampling is mandated unless circumstances do not permit it, then it shall be time proportional. Samples shall be taken during effluent discharge times only. Cooling water. The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat. Direct discharge. The discharge of treated or untreated wastewater directly to the waters of the State of Florida. Director of utilities, utilities director, or director. This refers to the individual in charge of the Utilities Department for the city. Discharge. Means disposal of, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. Domestic wastewater. Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from household or toilet waste resulting from human occupancy. It may or may not contain ground water, surface water, or stormwater. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of that agency. Executive director. The administrative director or his authorized deputy, agent or representative of the South Central Regional Wastewater Treatment and Disposal Board. The Executive Director is the authorized administration authority of the South Central Regional Wastewater Treatment and Disposal Board. Existing source. Any source of discharge that is not a "New Source." Any sour-ee of standard is thereafter ,,,,,,,,,,,,,lgated i aee erdanee w ith ce 30 of the Aet Garbage. The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods. Grab sample. n sa mple w hi c h i t.,ve F,.,.,r . an te st..eafn o n a effl t;..,e b ,.,; -h reg ard t the floe, i the 1 .,gte g-t -rP-A n An .. ... ..F ti...e ,..mot to e x c eed fiftee (1 5) minu An individual, discrete sample collected at a specific time. A grab sample includes all sub samples or aliquots (e.g. individual containers for specific analytes or analyte groups), sample fractions (e.¢. total and filtered samples) and all applicable field quality control samples (e.g. field sample duplicates or split samples) collected at the same locations within a time not 528 of 703 exceeding 15 minutes. Grantee. Recipient of a federal grant for all or a portion of a treatment works as administered by the Environmental Protection Agency. Holding tank waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum -pump tank trucks. Indirect discharge or discharge. The introduction of non - domestic pollutants from any source regulated under Section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317) and F.S. ch 403 into the WNW (including holding tank waste discharged into the system). Industrial or commercial waste. The liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or sanitary sewage. Industrial and commercial waste discharge permit. A permit issued to control the process flows from industry, commerce, or institutions that may be discharged into the sanitary sewer system. This permit is issued in addition to any other types of permits. When issued, the permit will define the characteristics and volume of the flow and acceptance or rejection of individual waste components and/or require high strength waste surcharges. Industrially classified user. An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial or commercial activities, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resulting from human occupancy. Industrial user. A source of indirect discharge and discharge of industrial and commercial waste which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act. (33 U.S.C. 1342). Instantaneous maximum allowable discharge limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the WWF, its treatment processes or operations, or its sludge processes, use or disposal; and thereafter, is a cause of a violation of the NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory /regulatory provisions or permits hereunder, or any more stringent State or local regulations: F.S. ch 403; Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. 529 of 703 Local Limit. Specific discharge limits developed and enforced by the Director upon industrial and commercial facilities to implement the general and specific discharge prohibitions listed in Rule 62- 625.400,F.A.C. Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. Milligrams per liter (mg/7). The number of units of minor constituents present with each one million (1,000,000) units of the major constituent of a solution or mixture. Milligrams per liter shall be considered equivalent to parts per million. Monitoring costs. Those costs incurred by the City in performing monitoring and/or sampling as prescribed by 40 CFR 403. National categorical pretreatment standard. Any federal regulation containing pollutant discharge limits promulgated by the EPA which applies to a specific category of industrial users. National Pollutant Discharge Elimination System or NPDES Permit. A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). National prohibitive discharge standard or prohibitive discharge standard. Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5 Natural outlet. Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body. New source. (1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: a. The building, structure, facility, or installation is constructed at a site which no other source is located; or b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c. The production of wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2) Construction on a site at which an existing source is located results in a modification 530 of 703 rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (1)(B) or (C) above but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: a. Begun, or caused to begin, as part of a continuous onsite construction program: (i) any replacement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including land clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the replacement, assembly, or installation of new source facilities or equipment; or b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. Noncontact cooling water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Non - significant categorical industrial user. An industrial user that discharges 100 alg lons per day (gpd) or less of total categorical wastewater (excluding sanitary, non - contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and: (1) Has consistently complied with all applicable categorical pretreatment standards and requirements; (2) Annually submits the certification statement required in Sec. 53 of this Chapter together with any additional information necessary to support the certification statement; and (3) Never discharges any untreated categorical process wastewater. _Pass through. A discharge which exits the Treatment Works into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the wastewater treatment plant permit, including an increase in the magnitude or duration of a violation. " diseh " R° of a WW-F's NPDES pefrait, er- a violation of a State or- Fedeml water quality standard E)r- increases poUutant either alone or in eop�unefion v.ridh o-t—her user's diseharges of the pollutant into the j I . o .. 13AX A 4..1.ates 4 4} ... s fatigh 1.0.. the . T o . 10 531 of 703 a ll ow ed b the Cit or- by Feder or - State l aw . (2) p}sv ••,h;••h�rmvrrocmv�arr 1�...1;F mr,,. a c �- - ---- -- -i-v 'r the, nee imaAal adisehfge. ( .di F .tether „neon w ould r in p ass thvough... (4) Knows o r h to L amy th.,t th [RAW i for ., o l., ting its final �� as re aso n — . e s r vi ola t io ns. Permit. A permit issued to a wastewater treatment plant in accordance with Chapter 62 -620, F.A.C. _Person. Any individual, partnership, co- partnership, firm, company, association, society, corporation, joint stock company, trust, estate, governmental entity, group, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local entities. Point source. The initial point of discharge into a sewer system. pH. Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution; a measure of the acidity or alkalinity of a solution, expressed in standard units. Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). Pollution. The man-made or man- induced alteration of the chemical, physical, biological, and radiological integrity of water. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing those pollutants into a WWF. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or by other means, except as prohibited by 40 CFR Section 403.6(d) 62- 625.410(5), F.A.C. Pretreatment requirements. Any substantive or procedural requirement for treating of a waste prior to inclusion in the WWF. Pretreatment standards. National Categorical Pretreatment Standards or alternative discharge im 532 of 703 limits, whichever is applicable. Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 26 -142. Properly shredded garbage. The wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 -inch (1.27 centimeters) in any dimension. Public sewer. A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. Publicly ewned- *°^ ^n* Treatment wWorks (POTW). In this case, the regional treatment plant operated by the South Central Regional Wastewater Treatment and Disposal Board, and the collection sewer system owned and operated separately by the Cities of Delray and Boynton Beach. (Also see Wastewater Facility —WWF.) Regional treatment facilities. The South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal Board of Palm Beach County, Florida. Replacement. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which those facilities were designed and constructed. Responsible Corporate Officer. (1) A president, secretary, treasurer, or vice- president of the corporation in charge of a principle business function, or any other person who performs similar policy- or decision - making functions for the corporation; or (2) The manager of one or more manufacturing, production, or operating facilities, provided the manager; a. Is authorized to make management decisions which govern the operation of the regulated facility including having ¢ he explicit or implicit duty of making maior capital investment recommendations; b. Is authorized to initiate and direct other comprehensive measures to assure long -term environmental compliance with environmental laws and regulations; c. Can ensure that the necessary systems are established or actions taken to IF, 533 of 703 gather complete and accurate information for control mechanism requirements; d. Has been assigned or delegated the authority to sign documents in accordance with corporate procedures. _Sanitary sewage. The household and toilet wastes resulting from human occupancy. Sanitary sewer. A sewer which carries sewage and to which storm, surface, and ground water are not intentionally admitted. Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Sewage. A combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with ground, surface, and stormwater that may be present. Sewage works. All facilities for collecting, pumping, treating, and disposing of wastewater including the WWF. Sewer. A pipe or conduit for carrying sewage. Shall is mandatory; May is permissive. Significant industrial user. Except as provided in paragraphs (3) and (4) below: (1) Categorical industrial users; and (2) Any other industrial user that: (a) Discharges an average of twenty -five thousand (25,000) gallons per day (gpd) or more of process wastewater to the Treatment Works (excluding domestic wastewater, noncontact cooling and boiler blowdown wastewater); (b) Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or 13 534 of 703 (c) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the Treatment Works operation or for violating any pretreatment standard or requirement. (3) The City may determine that an industrial user subject to categorical pretreatment standards under Rule 62- 625.410, F.A.C. including 40 CFR Chapter I, Subchapter N, Parts 405 -471, is a non - significant categorical industrial user. (4) Upon a finding that a user meeting the criteria in Section (B) of this definition has no reasonable potential for adversely affecting the Treatment Works operation or for violating any pretreatment standard or requirement, the City may at any t ime, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 62- 625.500(2)(e), determine that such user should not be considered a significant industrial user. (1) A user u bj ee t t ea t°.. o r e pr°tr °.,t,,, °„t s t.,. d ,, (2) " s°~ t - Pise4ffges an aver-age of 25,000 gpd or- more of pr-ooesswastemiter-te the P4:)T-W- h-. Cena4butes a pieeesswaste e-)} 4:nalces tip 5% or- more of d4e age E. I ,1esig.,.,4°,1 a ,.h by th ,.;t,. a the- b ffis ;., th it h .. ° .,.,hl° r. °..4:..1 9r- adver-sely affeeting the POT-W's opemtion or- for- violating any pretreatment standard or- (3 Upon ., fi.,.li" th.,t ., us m eet i ng th° ..r:t °r:., ; su .ti (2) of th;,; d fi 4 no reaso nable pote for . d a ff- °..ti th POTW's o peFat i on o r for yiol.,t;..g any ppet4:eatment standard or- requir-emew, the City 4pay at any time, on its ov initiative or- in response to a petition received fiom a user-, and in aeeer-danee with procedures in 4 0 CFR Significant non - compliance. Means that violations of this chapter by a user subject to pretreatment standards meet one or more of the following criteria: (1) Chronic violation: 66% or more of all measurements taken for the same pollutant during a six -month period exceeded (by any magnitude) numeric pretreatment standard or requirement, including instant (2) Technical review criteria (TRC) violation: 33% or more of all measurements taken for the same pollutant during a six -month period equaled or exceeded the product of the dam ... 14 or th ^ °r-age h4nit numeric pretreatment standard or requirement including instantaneous limits, multiplied bytifnes the applicable TRC. (Fo - 14 535 of 703 TRC equals 1.4 for BOD, TSS and Oil and Grease; and 1.2 for all other pollutants except pH); (3) .° F ° ° 9 w °ra °r T° °aAny other violation of a pretreatment standard or requirement (daily maximum, long -term average, instantaneous limit, or narrative standard) that the City determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city or wastewater treatment plant p ersonnel or the general publicZ; (4) A discharge that caused imminent endangerment to human health, welfare or to the environment and resulted in the city exercising its emergency authority, ....a c°,..; 26 , 47. (5) Failure to meet a compliance schedule milestone date within 90 days or more after the scheduled date contained in a control mechanism or enforcement order for starting construction, completing construction or attaining final compliance (6) Failure to submit a required report within forty -five (45) days of its due date; (7) Failure to accurately report non - compliance; or (8) Any other violation or group of violations including a violation of best management practices, which the Director determines may cause interference or pass through or will adversely affect implementation of the city's pretreatment program. Significant violation. A violation that remains uncorrected 45 days after notification of non- compliance; which is part of a pattern of non - compliance over a 12 -month period; which involves a failure to accurately report non - compliance; or which resulted in the W WF exercising its emergency authority under Section 403.8 (F)(1)(vi)(B) of the Act. Slug load or slug discharge Any discharge of water se ndus W • °°'° whip" in eperatiea non - routine, episodic nature, which has reasonable potential to cause interference or pass tlier or in any other way violate the treatment works regulations, local limits or permit conditions Standard industrial classification (SIC). Classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, as amended. State. State of Florida. Storm drain or storm sewer. A sewer that carries stormwater and surface water, street wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and commercial waste. Stormwater. Any flow occurring during or following any form of natural precipitation and 15 536 of 703 resulting therefrom. Superintendent. The person designated by the WWF to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative. Surcharge. An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits. Suspended solids. Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. Milligruffis per- fiter- f6r- the texie or-ganies listed I—IRd—lar- 40 C---I-"-R 433.4 1. Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts. Treatment plant. That portion of regional treatment facilities designed to provide treatment to wastewater and is operated by the South Central Regional Wastewater Treatment and Disposal Board. Treatment works. The wastewater treatment plant, interceptors, force mains, lift stations, and collection systems. User. Any person who contributes, causes, or permits the contribution of wastewater into the WWF. User charge or user fee. A charge levied on the users of the treatment process facilities for the cost of operation and maintenance of those facilities and other equitable and necessary charges. Wastewater. The liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the WWF. Wastewater facility (WWF). Any or all of the following: the collection/transmission system, the treatment plant, and the reuse or disposal system. Wastewater treatment plant. Any arrangement of devices and structures used for treating wastewater, such as the WWF. Watercourse. A channel in which a flow of water occurs, either continuously or intermittently. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99; Ord. 10 -002, § 2, 1- 19 -10) 16 537 of 703 Sec. 26 -116. Compliance with provisions or more stringent regulations. (a) The use of public sanitary sewers shall be as outlined in this chapter or through other regulations as may be promulgated by the city or the WW under the authority of this chapter. (b) No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by health agencies. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -117. Disposal of sewage other than through regional facilities. (a) The disposal of sewage by means other than use of the available regional wastewater facilities shall be in accordance with city, county, state, and federal law. (b) The disposal of sewage to the WWF shall be as outlined in this chapter and shall be subject to standards which meet or exceed the city industrial and commercial waste ordinance requirements as they shall exist from time -to -time. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -118. Right to refuse waste upon noncompliance. The city shall have the right to refuse waste from any user where wastewater does not comply with this chapter. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -119. Depositing objectionable wastes on public and private property. It shall be unlawful for any person to place, deposit, or permit to be deposited, in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human excrement, garbage, or other objectionable waste. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -120. Discharging into natural outlets. It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 WA 538 of 703 Sec. 26 -121. Privies, septic tanks, and other facilities. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -122. Suitable toilet facilities. The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the city and abutting on any street, alley, or right -of- way in which there is now located or may in the future be located a public sanitary sewer of the city are required, at their expense, to install suitable toilet facilities therein, and to connect those facilities directly with the proper public sewer, in accordance with applicable state and county regulations, within 90 days after date of official notice to do so. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -123. Discharge prohibited in storm sewer system. Under no condition shall the discharge of domestic, sanitary, industrial, or commercial waste be permitted into the storm sewer system. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -124. Damaging or tampering with sewage works. No person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Subdivision B. Private Sewage Disposal System Sec. 26 -125. Connecting building sewer to private sewage disposal system. Where a public, sanitary, or combined sewer is not available under the provisions of Section 26 -122, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subchapter. M 539 of 703 (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -126. Written permit to be obtained, application, inspection fee. Before the commencement of construction of a private sewage disposal system, the owner shall obtain a written permit signed by the authorized city official. The application for the permit shall be made on a form furnished by the city which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the authorized city official. A permit and inspection fee of $50 shall be paid to the city at the time the application is filed. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -127. County to inspect installations. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the county. The county shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the county when the work is ready for final inspection and before any underground portions are covered. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -128. Compliance with state department of environmental protection and other current regulations. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Environmental Protection. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities unless it conforms to all current regulations. No septic tanks or cesspool shall be permitted to discharge to any natural outlet. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -129. Connecting private sewage disposal system to public sewer. At a time when a public sewer becomes available to a property served by a private sewage disposal system, as provided herein, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -130. Maintenance of private sewage disposal facilities. 19 540 of 703 The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 20 541 of 703 Subdivision C. Installations and Connections Sec. 26 -131. Written permit required for use of public sewer; application; fee. (a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. (b) The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the city. A permit and inspection fee shall be paid to the city at the time the application is filed. The permit fee for those establishments discharging industrial wastewater is further explained in this chapter. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -132. Costs and expense of installation and connection of building sewer; indemnification. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner or user. The owner and user shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -133. Separate building sewer provided for every building. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -134. Use of old building sewers with new buildings. Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the Building Official, to meet all requirements of this chapter. (Ord. No. 93 -8, § 2,5-18-93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) 21 542 of 703 Sec. 26 -135. Building sewer specifications. (a) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, joining, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city. In the absence of code provisions, or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WEF Manual of Practice No. 9, as same may be amended from time -to -time, shall apply. (b) All connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Building Department before installation. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -136. Gravity flow of building drain to public sewer. Whenever possible, the building sewer shall be brought to the building at any elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by that building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -137. Surface runoff or groundwater. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or any other connected appurtenances, or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -138. Inspection of connection to public sewer. The applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the city officials or city representatives. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) 22 543 of 703 Sec. 26 -139. Barricades and lights around sewer excavations. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Subdivision D. Use of Public Sewers Sec. 26 -140. Wastes discharged into sanitary sewers to meet criteria. All waste discharged to public sanitary sewers, which in turn discharge to the regional treatment facilities (WWF), shall meet or exceed the following criteria of this subchapter. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -141. Discharge of stormwater and other unpolluted drainage. (a) No person shall discharge or cause to be discharged any stormwater, surface water, ground water, uncontaminated cooling water or unpolluted industrial process waters to the sanitary sewer. (b) Stormwater and all other unpolluted drainage shall be discharged to those sewers as are specifically designated as storm sewers, or to a natural outlet approved by the proper city or county official. Industrial cooling water or unpolluted process waters may be discharged on approval of the Utilities Director to a storm sewer or natural outlet. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -142. Prohibited discharges to sewers. No person shall discharge or cause to be discharged any pollutant which causes pass through, interference, or —the below described materials, waters, or wastes (collectively, the substances) if it appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary sewer systems, or have an adverse effect on the receiving water body, or can otherwise endanger life, limb, public property, or constitute a nuisance. The decision shall be based on those factors as the quantities subiect wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability 23 544 of 703 of waste in the wastewater treatment plant, and other pertinent factors. The substances restricted are: (a) Flammable or explosive liquids, solids, or gases, including, but not limited to, gasoline, benzene, naptha, fuel oil, or other materials with a closed -cup flashpoint of less than 140 F. (60 C.) using the test methods specified in 40 CFR 261.21. (b) Pollutants having a pH of less than 5-:05_5, or greater than 9.5, or otherwise causing corrosive damage to the WWF or its equipment or personnel (c) Pollutants, including oxygen - demanding pollutants (BOD, etc.) released at a flow rate and/or concentration which, either singly or by interaction with other pollutants, will cause interference with the WWF. (d) Any liquid having a temperature higher than 150 F. or causing the wastewater treatment plant influent to exceed 104 F. (e) Any water or waste containing petroleum oils, mineral oils, or non - biodegradable cutting oils in amounts that will cause interference or pass through, or any fats, wax, grease, or other oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32 F. and 150 F. (O C. and 60 C.). (f) Pollutants which result in the presence of toxic gases, vapors, or fumes within the WWF in quantities that may cause acute worker health or safety problems. (g) Any trucked or hauled wastes, except at discharge points designated by the Director. Industrial waste haulers may discharge loads only at locations designated by the Director. No load may be discharged without prior consent of the Director. The Director may collect samples of each hauled load to ensure compliance with applicable standards. The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge. (h) Any water or wastes containing toxic or poisonous or pathogenic solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance or an acute health or safety hazard, interfere with the ability to repair or maintain the WWF, or create any hazard in the receiving waters of the wastewater treatment plant. (i) Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders. Penalties, see Sec. 26 -177 0) Wastes which impart color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consistently impart color to 24 545 of 703 the treatment plant's effluent. (k) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations. (1) Sludges, screenings, or other residues from the pretreatment of industrial wastes. (m) Medical wastes, except as specifically authorized by the Director. (n) Wastes causing, either alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test. (o) Detergents, surface active agents, or other substances which may cause excessive foaming in the WWF. (p) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not. (g) Any waters or wastes containing Phenols or other taste or odor producing substances, in a concentration exceeding limits which may be established by the POTW as necessary treatment of the composite sewage to meet the requirements of the state, federal, or other public agencies of iurisdiction for that discharge to the receiving waters. (r) AU garbage that has not been properly shredded, which shall mean particles in size no greater than 1/2 inches measured in any dimension. (s) Any waste containing restricted substances in quantities in excess of the City's local limits, measured at the point of discharge into any sewer system, as adopted by the South Central Regional Wastewater Treatment and Disposal Board and contained in the Interlocal Agreement entered into between the City of Boynton Beach and the City of Delray Beach. Such local limits are incorporated herein by reference. The City may also develop best management practices (BMPs) to implement local limits. Such BMPs shall be considered local limits and pretreatment standards for the purpose of this Article. (t) Any waste from sodium -cycle action exchange (water softening) units from industrial or commercial users where the chloride content exceeds 645 milligrams per liter. (u) Any water or waste with a chlorine demand greater than 15 milligrams per liter. (v) Any radioactive wastes or isotopes or half- life or concentration as may exceed limits established by the POTW in compliance with applicable state or federal regulations. (w) Volume of flow or concentration of wastes constituting a slug discharge as defined in Section 26 -115. (x) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to 25 546 of 703 that degree that the wastewater treatment plant effluent cannot meet the requirement of other aeencies havine iurisdiction over discharge to the receivine waters. (y) Any waters or wastes containing suspended solids in excess of 400 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. (z) Any waters or wastes with a five -day. 20 C. B.O.D. greater than 400 milligrams per liter unless the user is approved by the city and provided further that the user complies with the reauirements of the citv's high strength sewer surcharge system. (aa) Any waters or wastes containing chemical oxygen demand (COD) greater than 800 mg/L unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. with n ° par -w- oy°« 1 ... Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the WWF. Except where expressly authorized by an applicable pretreatment standard or requirement, no user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The City may impose mass limitations on users that are using dilution to meet applicable pretreatment standards or requirements. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -143. DisehaFge of eeFtain wastes FestFieted. Reserved. No per-sen shall disehff go OF IM-- *0- h-0- WN S Ghafged, the bOl W.A.' d-0- Mia4er-WS, WateFS, Or- wastes (ealleetil"ely, the substanees) if it appeaFs likely that aeeept;ffinc-t-, Rf t-14FIRS 40.4114014 PFIR hFIFFR Rhe v"astev"ate-F tFeatment pr-06ess or- equipmew, the pubhe sewer-s, the saBitwy sewer- systems, or- have an adveFse effeet an the r-eeeiving watef body, or- ean other-wise endangef life, limb, publie- subjeet wastes in relation to flows and velocities in the sewers, materials of eenstpaction of the degree of tfeatability of waste in the wastev� tFeatment plant, and other- peffinent factors. Th (a) Any liquid havin a t°.np «° hi th 1 Cl1L' F a eaus tl.° was t°..w a t°« (b) f Ty ai or-waste eewainiRg fats, Y A a* ,gr ° case, of oils, 'A4ethef ° c =iul4fied of list, in substanees which may solidify or- become riGEeuS ante t�l eS�vcwc- 32E F. —.d 15nr.> (OE r a nd 60E 26 547 of 703 i' i i . i womm. 27 548 of 703 140F IJ RILMS the user- is appr-aved by the eity and provided ftii:ther- that the i Hsiew en-FaPhes with the requir-em o f the city high strength s ewer- feharge s ( n ...., ton nton t ; ho l ao a irnl» o to tl 800 ( Total toxic o rgap A es a s d i nn CF-R PaFt n 1 2 03[ ., o f t eed 5 Fagil (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99; Ord. No. 01 -58, § 2,12-4-01; Ord. 10- 002, § 2, 1- 19 -10) Penalty, see Sec. 26 -177 Sec. 26 -144. Pretreatment, equalization of waste flows. (a) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 2626 -142 and which, in the judgment of the Utilities Director, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Utility Director may: (1) Reject the wastes. (2) Require pretreatment to an acceptable condition for discharge to the public sewers. (3) Require control over the quantities and rates of discharge. (4) Require payment to cover the added cost of handling and treating the wastes not covered by existing fees or sewer charges as contained in the strength charge system. (b) If the WWF permits the pretreatment or equalization of waste flows, the plans for the design and installation of the equipment shall be subject to the review and approval of the WWF and the city and subject to the requirements of applicable codes, ordinances, laws, and compliance schedules as established by the city. In addition, any major contributing industry as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and any other regulation as shall from time -to -time be established by EPA or other appropriate regulating governmental agency. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -145. Interceptors. Grease, oil, hair, lint and sand interceptors are to be provided when, in the opinion of the Utilities Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that those interceptors shall not be required for private living quarters or dwelling units. All 28 549 of 703 interceptors shall be of a type and capacity approved by the city and shall be so located as to be readily and easily accessible for cleaning and inspection. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -146. Maintaining flow - equalizing facilities and/or interceptors for preliminary treatment. Where preliminary treatment or flow equalizing_facilities and/or interceptors are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the user at his or her expense. Use of solvents and/or detergents and/or soaps, and/or degreasers is restricted to those levels which do not interfere with the proper functioning of the interceptors. Interceptors like, but not limited to, grease traps, lint traps, or grit traps must have a watertight closure for their inspection covers. The covers themselves must be of a type to conform with the plumbing codes of the city's Building Department. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -147. Admission of industrial and commercial waste. All users of the public sewers or sanitary sewers shall recognize and comply with the following: (a) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. It shall be the policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes, or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. It is also recognized that to provide this service, additional facilities or treatment are required, and the cost of that must be borne by the user receiving the benefits. (b) (1) Approval in advance by the city is required for the anticipated admission of industrial or commercial wastes into the public sewers having: a. A five -day, 20 C. B.O.D. greater than 220 milligrams per liter, or chemical oxygen demand (COD) greater than 440 milligrams per liter. b. A suspended solids content greater than 175 milligrams per liter. c. An oil/grease content greater than 100 milligrams per liter. 29 550 of 703 (2) The user shall provide chemical analyses of the discharge according to a schedule to be established by the WWF and continued discharge shall be subject to approval of the city. (c) Samples shall be collected so as to be a representative sample of the actual quality of the wastes. Samples for analysis may be collected by the user or his or her representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the city or a wastewater treatment plant operator licensed and registered in the state, or a water testing laboratory certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136 Chapter 62 -160, F.A.C. and Chapter 62- 625.600, FAC (also see 26 -158). (d) When required by the Utilities Director, any establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole or other suitable control station downstream from any treatment, storage, or other approved works to facilitate observation, measurement, and sampling of all wastes including all domestic sewage from the establishment. The location and methods of construction of the control station shall be approved by the Utilities Director. The control station shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to verify in- product water retention or other uses of metered flow, they may, at their sole expense, install a flow - metering device as approved by the Utilities Director. The control station shall be accessible to city personnel at all times for sampling. All authorized WWF or city employees shall be permitted, upon suitable notice to the user, to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with provisions of this chapter. When required, construction of those facilities shall be completed within 90 days following written notification by the city. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99; Ord. 10 -002, § 2, 1- 19 -10) Penalty, see Sec. 26 -177 Subdivision E. National Categorical Pretreatment Standards Sec. 26 -148. Compliance. (a) Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations and as required by the city. Industrial users with integrated facilities shall comply with any alternative discharge limits as set by the city. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained solely at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review at the request of the city. The review of those plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the city prior to 30 551 of 703 the user's initiation of the changes. (b) The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405 -471 are hereby incorporated. (1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(C) and Rule 62- 625.410(4), FAC. (2) When wastewater subject to a categorical pretreatment standard is mixed wastewater not regulated by the same standard, the Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(E) and Rule 62- 625.410(6), FAC. L3L----43)--A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13 and Rule 62- 625.700, FAC, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. (4) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the D may convert the limits to equivalent limitations expressed either as mass of pollutant discharges per day or effluent concentration for purposes of calculating effluent limitations applicable to Individual Industrial Users, in accordance with 62- 625.401(4), F.A.C. (54) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15 and Rule 62- 625.820, FAC. (c) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (d) All records relating to compliance with pretreatment standards shall be available to officials of the city, the WWF, EPA, or FDEP upon request. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -149. Application of more stringent requirements; city shall notify affected users. Upon the promulgation of the national categorical pretreatment standards or alternative 31 552 of 703 discharge limits for a particular industrial subcategory, the pretreatment standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter and shall be considered part of this chapter. After the city receives notice, the city shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) 32 553 of 703 Sec. 26 -150. City's right of revision. The city reserves the right to establish by further ordinance or regulation more stringent limitations or requirements on discharges to the sewage works if deemed necessary to comply with the objectives presented in this chapter. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -151. Excessive discharge. All users are prohibited from increasing the use of process water or, in any way, attempting to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment standards, alternative discharge limits, or in any other pollutant - specific limitation developed by the city or state. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -152. Prevention of accidental and slug discharges. (a) A user shall provide protection from accidental discharge of restricted and prohibited materials or other substances required by this chapter. Facilities to prevent accidental discharge of prohibited and restricted materials shall be provided and maintained at the owner's expense. (b) Prevention of accidental discharges requires, but is not limited to, providing secondary containment for storage of potentially hazardous and/or regulated materials. The containment requirements are those specified in, but not limited to, 40 CFR 264.170 through 176 and the Palm Beach County Wellfield Protection Ordinance 88 -7 Section 5.01 through 5.04. Containment requirements must meet or exceed the following criteria of this subchapter: (1) Containment Volume to be provided shall be in accordance with the regulations and ordinances listed and shall meet or exceed the largest of the volume requirements found in those regulations and ordinances. (2) Storage Sheltering. All outdoor storage shall be sheltered from rainfall, or a suitable means of removing rainwater from secondary containment areas shall be provided. (3) Conditions of the Stored Vessel. All stored containers shall be maintained in sound condition; no rust, corrosion, or other signs of deterioration of the primary containment wall shall be permitted. All stored containers shall be closed and sealed during storage. (4) Segregation of Chemically Reactive Contents. Materials which are potentially reactive with each other shall not be stored in the same containment area, unless physical barrier separations are provided within the common area. 33 554 of 703 (5) Stand -by Materials/Equipment. Absorbents and pumps for pumping out spills shall be available when needed. (6) Design of Containment Floor /Base. The floor or base of the containment area on which the stored vessels rest shall either be sloped or raised or provided with a drain faucet to prevent or minimize contact between the storage container wall and spilled content. (7) Materials of Construction for Containment. The walls, sidings, and floor or base of the containment area shall be constructed of materials which are chemically inert with the stored materials and which render the provided containment volume leak proof. (c) On the request of the city, the user shall be required to submit detailed plans showing facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety (90) days after notification by the city. If further required by the city, a user who commences contribution to the public sewers after the effective date of this chapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements. (d) The City shall evaluate, at least once every two years, whether each significant industrial user needs a plant to control slug discharges. New significant industrial users must be evaluated within 1 year of being designated a significant industrial user. Significant industrial users are required to notify the City immediately of any changes at its facility affecting the potential for a slug discharge. If the City decides that a slug control plan is needed, the plan shall be prepared in accordance with the requirements of Rule 62- 625.500(2)(b)(6), F.A.C. (de) In the case of an accidental discharge, including slug discharges and prohibited discharges, it is the responsibility of the user to immediately notify by telephone, the Utilities Director, the Executive Director of the WWF, and the WWF. The notification shall include location of discharge, type of waste, concentration and volume, and correction actions. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -153. Written report required describing cause of discharge. Within five (5) days following an accidental discharge, the user shall submit to the WWF and the city a written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. The notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the public /sanitary sewer system, the sanitary sewer system, the WWF, fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 34 555 of 703 Sec. 26 -154. Notice to employees in event of dangerous discharge; emergency notification procedure. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees of whom to call, in the event of a dangerous discharge. Furthermore, all employers shall ensure that all employees who may cause a dangerous discharge to occur are advised of the emergency notification procedure. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -155. Notification of the discharge of hazardous waste. (a) Any industrial user who commences the discharge of hazardous waste shall notify the Director of Utilities, the Executive Director of the WWF, the EPA Regional Waste Management Division Director, and- Z the State hazardous waste authorities and the State's pretreatment authorities in writing of any discharge into the City Sewer System of a substance which is a listed or characteristic hazardous waste under Section 3001 of RCRA or 40 CFR part 261 Chapter 62 -730, F.A.C Such notification must include a description of any such wastes discharged, the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other ), discharged during t following *heed°° ^- ent Any notification under this paragraph need be submitted only once for each hazardous waste discharged. This requirement shall not aMply to pollutants already reported under the self-monitory requirements. Notification is required no later than thirty (30) days after the discharge of the listed or characteristic hazardous waste. If the industrial user discharges more than 100 kilograms of such waste per calendar month to the WWF, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: (1) An identification of the hazardous constituents contained in the waste, (2) An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and (3) An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. Any notificPation under- this paragraph need be sub-4nitted- -only once for- each h_a; I.v_astp (b) Dischargers are exempt from the requirements of paragraph (a) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR Part 261.30(d) and 261.33(e) or Chapter 62 -730, F.A.C. Discharge of more than 15 kilograms of non -acute hazardous waste in a calendar month, or any quantity of acute hazardous waste, requires a one -time notification. Subsequent months during which the industrial user discharges more than 15 kilograms of 35 556 of 703 hazardous waste do not require additional notification, except for the acute hazardous wastes specified in 40 CFR 261.30(d) and 261.33(e) or Chapter 62 -730, F.A.C (c) In the case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the Utilities Director, the Executive Director of the WWF, the EPA Regional Waste Management Division Director, and the State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations, except for the exemption in paragraph (b) of this section. (d) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of wastes generated to the degree it has determined to be economically practicable and that it has selected the method of treatment, storage, or disposal currently available which minimizes the present and future threat to human health and the environment. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Subdivision F. Reporting, Inspections, and Monitoring Sec. 26 -156. Compliance date eepent reuortins requirements (1) Baseline Report. Within ninety (90) days after the effective date of a pretreatment standard, existing industrial users currently discharging to, or schedule to discharge to the Treatment Works shall submit to the Director a baseline report that meets the requirements of Rule 62- 625.600(1), F.A.C. At least ninety (90) days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable pretreatment standard, shall submit to the Director a baseline report that meets the requirements of Rule 62- 625.600(1), F.A.C. New sources shall include in this report information on the method of pretreatment it intends to use to meet applicable pretreatment standards. (2) Compliance Schedule and Progress Reports. If additional pretreatment of O &M will be required to meet the pretreatment standards, the industrial user shall provide such additional pretreatment or O &M as specified in a compliance schedule. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The compliance schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standard (e.g hirin an n engineer, completing preliminga plans, completing final plans, executing contract for major components, commencing construction, completing construction). No increment of progress shall exceed nine (9) months. Within fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Director including, at a minimum, whether or not it complied with the increment of progress to be met on such date, and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial 36 557 of 703 user to return the construction to the schedule established. Compliance schedule reports shall meet the requirements in Rule 62- 625.600(2), F.A.C. In no event shall more than nine (9) months elapse between such progress reports to the Director. (c) Final Compliance Report. Within thirty (30) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the public /sanitary sewer system, the user shall submit to the Utilities Director, a menitefifg report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by those pretreatment standards or requirements. The report shall meet the requirements of Rule 62- 625.600(3). The report shall state whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -157. Periedie - Other reporting reguirements repeat. (a) Periodic Compliance Report. Each significant user and/or permittee except non- significant cate¢orical industrial users, shall submit to the city during the months of Ma}- and 1' ieveR+bef unless required more frequently in the pretreatment standard or by the city, a report indicating the nature and concentration of pollutants in the effluent which are limited by those pretreatment standards or this chapter. The reports must be based on sampling and analysis performed in the period covered by the report. Periodic compliance reports shall meet the requirements of Rule 62- 625.600(4) and (7), F.A.C. If an industrial user monitors any regulated pollutant at the appropriate monitoring location more frequently than required by the City, the results of this monitoring shall be included in the report. In addition, this report shall include a record of daily water consumption which, during the reporting period, exceeded the average daily water consumption reported in the submission information. At the discretion of the city and in consideration of those factors as local high or low flow rates, holidays, budget cycles, and the like, the city may agree to alter the months during which the above reports are to be submitted. The City may also reduce the reporting requirements to a frequency no less than once a year, unless required more frequently in the pretreatment standard or by FDEP, if the industrial user meets the requirements of Rule 62- 625.600(4)(d), F.A.C. The user shall be responsible to quantify that fraction of daily water consumption designated for discharge to the sanitary sewer, if different from the total water consumption. In cases where the pretreatment standard requires compliance with best management practice (BMP) or pollution prevention alternative, the industrial user shall submit documentation required by the City or the pretreatment standard necessary to determine the compliance status of the industrial user. The City may authorize an industrial user to waive sampling of a regulated pollutant if the industrial user provides a certification statement and demonstrates compliance with Rule 62- 625.600(4)(b) and (c), F.A.C. 37 558 of 703 (b) Reports of Changed Conditions. Each user must notify the Director and the Executive Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change. (1) The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission under Section 26 -161. (2) The Director may issue a wastewater discharge permit under Section 26 -160 or modify an existing wastewater discharge permit under Section 26 -160 in response to changed conditions or anticipated changed conditions. _(c4M For purpose of this requirement, significant changes include, but are not limited to, flow 20% percent or greater, and the discharge of any previously unreported pollutants. Lcj-}} Reports of Potential Problems. a411 In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, er-a slug lead discharge or prohibited discharge that may cause potential problems for the WWF, the user shall immediately telephone and notify the of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. b-.M Within five (5) days following such discharge, the user shall, unless waived in writing by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter. e431 A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in a paragraph (A), above. Employee shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. (d) Report from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as required. (e) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (f) Siznatory Requirements. Sigmatory requirements for all industrial user reports shall be as stated under Sec. 26926 -161 (e) of this Chapter. (g) Notice of Violation / Repeat Sampling and Reporting. If sampling performed by a user 38 559 of 703 indicates a violation, the user must notify the Director within twenty -four (24) hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. If the Director has performed the sampling and analysis in lieu of the industrial user, the Director must perform the repeat sampling and analysis unless the user is notified of the violation and the Director requires the user to perform the repeat analysis. The user is not required to resample if the Director monitors at the user's facility at least once a month, or if the Director samples between the user's initial sampling and when the user receives the results of this sampling. (h) Annual Certification by Non - Significant Categorical Industrial Users. An industrial user determined to be a non - significant categorical industrial user as defined in Sec. 53-.00426- 115 of this Chapter, must annually submit the following certification statement, signed in accordance with the signatory requirements of Paragraph (Ff) above. The certification must accompany any alternative report required by the City: "Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR [specif applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief that during the period from (month, day,yearl to [month, day, year]: (1) The facility described as [industrial user name] met the definition of a non - significant categorical industrial user as defined in the City's Ordinance, Sec. 5'.'�- ^�`T26 -115; (2) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and (3) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information: [documentation of basis to continue exemption]. (Ord. No. 93 -8, § 2,5-18-93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -158. Inspection and sampling. (a) The city, through its employees, is authorized to inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of their duties. The city, WWF, state DEP, and EPA shall have the right to set up on the user's property those devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements 39 560 of 703 with their security guards so that upon presentation of suitable identification, personnel from the city, WWF, DEP, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities (also see Section 26 -168). Penalty, see Sec. 26 -177. (b) Anal,, t� Requirements. _The use M e samples using ffi—ini muffi- of -"- Hr- (4 ) grab samples ;vh-P-F-P- ahe u dpmons#ates 4iat this w4l pr-wide A representative sample of the effluent being diseharged. In addition, grab samples may be onal sampling are samples for- oil and grease, temperature, p14, eyanide, , ,. ,11F d -08 .1.1 9 1 a gIo .. ., 1 R d S W hi G h .St ho Oh-tAi Re-d US grab eallec60" te chni pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the requirements of 40 CFR Part 136, Chapter 62 -160, F.A.C., and Rule 62- 625.600(6)(d) and (e), unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain appropriate sampling or analytical techniques for the pollutant in question, the laboratory, with approval of the industrial user, the City and FDEP, shall identify propose a method for use in accordance with Rules 62- 160.300 and 62- 160330, F.A.C.. (c) Sample Collection. Except as indicated in subsection (141) below, the user must collect wastewater samples using 24 -hour flow proportional composite collection techniques. In the event flow proportional sampling is not feasible, the Director may authorize, in writing, the use of time proportional sampling or a minimum of four (4) samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. The City shall require the number of crab samples necessary to assess and assure compliance by industrial users with the applicable pretreatment standards and requirements. Sample collection shall meet the requirements of Rule 62- 625.600(6)(cd) -(f), F.A.C. (1) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab sample techniques. (2) All samples shall be representative of daily operations. Both daily maximum and average concentration (or mass, where required) shall be reported. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the industrial user shall submit documentation as required by the City or the applicable standards to determine compliance with the standard. (3) Samples shall be taken immediately downstream from pretreatment facilities, if such exist, or immediately downstream from the regulated process if no pretreatment 40 561 of 703 exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the industrial user shall measure flows and concentrations necessary to allow use of the combined waste stream formula of Rule 62- 625.410(6), F.A.C., in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with Rule 62- 625.410(6), F.A.C., this adjusted limit, along with supporting data, shall be submitted to the City. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) See. 26 -159. Information and data to be made available. (a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency in accordance with applicable state statutes or federal law. All reports submitted to the city shall be signed by an authorized representative and contain the €oflewingcertification statement found in Section 26- 161(e) of this Chapter. (b) Information and data obtained from reports, surveys, permit applications, permits, monitoring requirements, and inspection and sampling activities shall be made available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. (c) When requested and demonstrated by the user furnishing that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be made available to the public without restriction. A copy of the procedure for handling confidential information will be kept on file at the WWF. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) 41 562 of 703 Subdivision G. Waste Discharge Permits Sec. 26 -160. Special permit required; term. A special permit will be required for each Significant Industrial User, and all other Industrial Users identified as having other than domestic wastes or waste from sanitary conveniences at the discretion of the Utilities Director. The fixed life of a permit is set up to five years from date of issue, and a renewed waste discharge permit will have a fixed life of up to five years. These permits may involve the implementation of a formula for surcharge for wastes which exceed the sewage parameters for strength as set forth in Sections 26 -162 through 26 -165. - P e-r - - 4s °'m" a . be 4aftSf 66HVeyed, Et%igFied, OF 881d. Penalties, see Sec. 26 -177 (a) Wastewater Analysis. When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within sixty (60) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information. (b) Wastewater Discharge Permit Requirement. (1) No significant industrial user shall discharge wastewater into the WWF without first obtaining a wastewater discharge permit from the Director, except that a significant industrial user that has filed a timely application pursuant to section (c) of this section may continue to discharge for the time period specified therein. (2) The Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter. (3) Any violation of the terms and conditions of a waste water discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Section 26 -177. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. (c) Wastewater Discharge Permitting: Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging waste water into the WWF prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within thirty (30) days after said date, apply to the Director for a wastewater discharge permit in accordance with Section 26 -161, and shall not cause or allow discharges to the WWF to continue after thirty (30) days the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the Director. (d) Wastewater Discharge Permitting: New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the WWF must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 26 -161, must be filed at least &i4y (30) ninety 90 days prior to the date upon which any discharge will begin or 42 563 of 703 recommence. (e) Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire. (f) Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect against damage to the WWF. Wastewater discharge permits must contain: (1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed (5) five years. (2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City of Boynton Beach in accordance with paragraph �c4N of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (3) Effluent limits including best management practices, based on applicable pretreatment standards; (4) Self- monitoring, sampling, reporting, notification, and record - keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and (5) Process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge in accordance with Rule 62- 625.600(4)(b), F.A.C., or a specific waived pollutant in the case of an individual control mechanism; L6LA statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. (7) Requirements to control slug discharges, if determined by the City to be necessary. Wastewater discharge permits may contain, but need not be limited to, the following conditions: (65) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; (79) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; 43 564 of 703 (SLO) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges; (qLl) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the WWF; (4-0L2) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the WWF, (44L3) Requirements for installation and maintenance of inspection and sampling facilities and equipment; (1-2L4) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and (4-3 Other conditions as deemed appropriate by the Director to ensure compliance with the ordinance, and State and Federal laws, rules, and regulations. (g) Wastewater discharge permit modification. The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (1) To incorporate any new or revised Federal, State, or Local pretreatment standards or requirements. (2) To address significant alterations or additions to the users operation, process, or wastewater volume or character since the time of wastewater discharge permit issuance; (3) A change in the WWF that requires either a temporary or permanent reduction or elimination of the authorized discharge; (4) Information indicating that the permitted discharge poses a threat to the City of Boynton Beach WWF, City personnel, or the receiving waters; (5) Violation of any terms or conditions of the wastewater discharge permit; (6) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; (7) Revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; (8) To correct typographical or others errors in the wastewater discharge permit; or (9) To reflect a transfer of the facility ownership to a new owner or operator. 44 565 of 703 (h) Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which: (1) States that the new owner and /or operator has no immediate intent to change the facility's operations and processes; (2) Identifies the specific dates on which the transfer is to occur; and (3) Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. (i) Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 26 -161, a minimum of thirty (30) days prior to the expiration of the user's existing wastewater discharge permit. (i) Permit Revocation. The City may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons: (1) A failure to notify the Director of significant changes to the wastewater prior to the changed discharge; (2) Failure to provide prior notification to the Director of changed conditions pursuant to Section 26 -157 (b) of this ordinance; (3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; (4) Falsifying self - monitoring reports and certification statements; (5) Tampering with monitoring equipment; (6) Refusing to allow the Director, or authorized personnel, timely access to the facility premises and records; (7) Failure to meet effluent limitations; (8) Failure to pay fines; 45 566 of 703 (9) Failure to yay sewer charges; (10) Failure to meet compliance schedules; (11) Failure to complete a wastewater survey or the wastewater discharge permit application; (12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or (13) Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or this ordinance. Individual wastewater discharge permits shall be voidable upon nonuse, cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -161. Application for permits; contents. (a) Contents of Application. All users required to obtain a wastewater discharge permit must submit a permit application. The Director may require all users to submit as part of an application the following information: (1) All information required by Section 26 -156 and FAC 62- 625.600(1) (2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be discharged to the WWF; (3) Number and type of employees, hours of operation, and proposed or actual hours of operation; (4) Each product produced by type, amount, process or processes, and rate of production; (5) Type and amount of raw materials processed (average and maximum per day); (6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of 46 567 of 703 discharge; (7) Time and duration of discharges; and (8) Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (b) This application will define all of the pertinent data concerning the acceptance of industrial and commercial waste flows and will provide the basis for the issuing of a permit certificate specifying limitations on what the user may discharge. The Permittee may appeal specific conditions of the permit for a period of 30 calendar days following the date of issuance. After this period, the Permittee waives all right to appeal the conditions of the permit. (c) The initial permit shall be effective for a period of up to five years from date of issuance and must be renewed annually by the applicant in order to continue that waste discharge. (d) An application for an initial permit shall be accompanied by a cashier's check for the first year's fees in the amount of $500 plus the City's monitoring costs as prescribed by 40 CFR 403. (1) Industrial and commercial waste discharge permit form. The form of permit for industrial and commercial wastes shall be as specified by the city. Specific provisions for continued acceptance by the city of the waste shall be attached to and made a part of the permit to discharge. The city may prescribe those items as equalized flow discharge, prechlorination, or additional limitations on waste characteristics not adequately described in this ordinance or may prescribe pretreatment quality, requirements for the waste flow in detail. (2) Renewal of industrial and commercial waste discharge permit. The application for a renewed waste discharge permit shall be of a form specified by the city. (e) Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user, as defined in FAC 62-625.600(t I)- and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons, who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 47 568 of 703 (f) Wastewater discharge permit decisions. The Director will evaluate the date furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Director will determine whether or not to issue a wastewater discharge permit. The Director may deny any application for a wastewater discharge permit. (g) Administration of permits. (1) The administration of the industrial and commercial waste discharge permit program and the application of the surcharge formula imposes additional obligations of the cities. (2) The city, in addition to determining the waste flow volumes and analyzing the waste strengths for development of the surcharge, must also maintain an accurate record of the permit applications, permits, meter installation details, meter calibrations, and shall make available to each establishment the necessary renewal application forms. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Subdivision K User Charge and Industrial Cost Recovery System Sec. 26 -162. User charges; wholesale sewer rates; calculation of sewer surcharge. (a) There is imposed upon the owners or upon the users of each retail and wholesale customer served by the sewer system, a monthly user charge for the use thereof as follows: (1) Sewer rates. A charge for waste resulting from human occupancy which shall include all of the following factors for the operation of the collection system and treatment of wastewater by the regional wastewater facility: a. Operation and maintenance; b. Debt service; c. Capital costs; d. System expansion; e. Others as applicable Consult the Water /Sewer Billing Department for the prevailing rates expressed as $ /1,000 gallons of water consumption. (2) Sewer surcharge. A surcharge for waste in excess of the parameters for strength established in the industrial and commercial waste ordinance, and set forth in Section 26- 162(b2) 48 569 of 703 which may be assessed to applicable customers. (b) Wholesale sewer rates. (1) This section is applicable to those wholesale customers which maintain their own wastewater collection systems. They shall be charged a flat rate per 1,000 gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each wholesale customer's individual wastewater collection system. (2) The metering device shall be satisfactory to the city and shall provide for a separate remote 30 -day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties. (3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of the meter, are and shall be, the wholesale customers responsibility. The wholesale customer will provide to the city or its designated representative full details on the proposed meter installation and assurance that the installation will commence only upon the written authorization of the city. The city shall provide an authorization within ten (10) days after receipt by the city of the details of the above proposed meter installation. (4) The meter shall be read monthly by a duly authorized agent of the city, and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in meter readings, the city shall have the right to request that the meter be tested by an independent organization in accordance with standard practices. If the meter shall be found inaccurate or defective, the cost of the meter test shall be borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the city. (5) In the event of extenuating circumstances, the Commission may, at its discretion, direct that sufficient proof other than the installation of a metering device may be acceptable to determine the quantity of wastewater discharge. (c) Calculation of sewer surcharge. (1) Calculation of the sewer surcharge shall be in accordance with the following: 49 570 of 703 Percent of Effect Allowable Level of Parameter on Costs Sewage Strength BOD -5 41 400 mg/I (pp-) TSS 15 400 49 570 of 703 COD 41 800 " " Let: F =F1 +F2 Where: F = The factor to multiply the sewer rate for a surcharge due to excess strengths. F1 = The strength factor for BOD -5 or COD, whichever is higher. F2 = The strength factor for TSS (total suspended solids) (2) The surcharge will be added to the sewer rate to develop the monthly cost per customer. As an example of sewer charge calculations utilizing sewer rate and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of 100,000 gallons; COD of 900 mg/l; BOD5 of 500 milligrams per liter; total suspended solids of 900 milligrams per liter; Prevailing monthly sewer rate is $1.52 per 1,000 gallons. i. Sewer rate: $1.52/1000 gallons (100,000 gallons /month)= $152 /month ii. Sewer surcharge calculation: Fl = 0.41 (900-800) = 0.051 800 F2 = 0.15 90( 0 -400) = 0.188 400 F= 0.051 +0.188 =0.239 iii. Total monthly charge (sewer rate plus surcharge): $152 /month+ $152 /month( 0.239) _ $188.33 (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99; Ord. 10 -002, § 2, 1- 19 -10) Sec. 26 -163. Application of surcharge over standard use fee. (a) A surcharge shall be applied over and above the standard sewer use fee when the wastes from any lot or parcel of land, upon which there is located any building or activity, contain B.O.D., C.O.D., ammonia, or suspended solids concentration higher than defined herein. (b) The surcharge in dollars shall be computed by the formulas included in this subchapter established for the user charge and industrial cost recovery system. Computation of surcharges will be based on effluent analyses at a frequency determined by the user's water consumption as follows: 50 571 of 703 (1) Monthly effluent analyses for water usages at more than 100,000 gallons per month. (2) Semi annual effluent analyses for water consumption less than 100,000 gallons per month. Surcharges will remain in effect until a new effluent analysis is required or changed based on interim analyses by the user using a Certified Water Testing Laboratory at the user's expense. Sewer surcharges will constitute a new line item on the prevailing water /sewer bill prepared monthly per user of the system and subject to prevailing regulations /penalties for late or non- payments. Reimbursements of surcharge related monitoring expenses initiated by the City of Boynton Beach are required. (c) Nothing in this chapter shall restrict the city from making additional adjustments in rates if it is found that the nature or quantity of the waste creates an additional burden on the system or if those adjustments are necessary to comply with regulations of the State Department of Environmental Protection or the United States Environmental Protection Agency. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -164 Industrial cost recovery system. (a) At the discretion of the Director of the Public Utilities System, there is imposed upon all users of each industrially and commercially classified property served by the sewer system an annual cost recovery assessment. (b) The annual cost recovery is as follows: (1) SIU Industrial Permit Fee —$500 plus monitoring costs. (2) Commercial/Industrial User Fee —$50 plus monitoring costs. Permit fees, commercial/industrial user fees and related monitoring costs reimbursements must be paid within 30 days of permit issuance or receipt of monitoring cost recovery notice. Commercial/industrial user fees will be billed as a new line item on the prevailing water /sewer bill prorated over a period of 12 months, but billed monthly; a monthly payment of $4.17 will be added to the prevailing water /sewer bill. (c) SIU industrial permit fees and commercial/industrial user fees shall be prorated for existing permit holders and users upon enactment of this division. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -165. Review and amendment on annual basis. 51 572 of 703 This subchapter shall be subject to review and revision on the minimum of an annual basis, and the city reserves the right to modify this subchapter or any parts thereof at any time or from time -to -time. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -166. Notice of violation; liability for expense, loss, or damage. (a) Any person found to be violating any provision of this subchapter shall be served by the city with written notice stating the nature of the violation. The person shall provide a written plan within 30 days for the satisfactory correction thereof. (b) The Director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this ordinance and shall be judicially enforceable. (c) Any person violating any of the provisions of the subchapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of that violation. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Subdivision L Administration Sec. 26 -167. Responsibility for treatment and disposal. The WWF is responsible for the proper treatment and disposal of all waste that is proper to process through the regional treatment facilities, beginning at the point source. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -168. Right to enter premises and obtain information concerning discharges. (a) To the extent permitted by general law, the proper official and other duly authorized employees of the city or the WWF bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observations, measurement, sampling, and testing in accordance with the provisions of this chapter. The official or his or her representatives will not inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. 52 573 of 703 (b) To the extent permitted by general law, the proper official and other duly authorized employees of the city or the WWF bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within that easement. Penalty, see Sec. 26 -177 (c) If the Director or designee has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Director may seek issuance of an inspection warrant pursuant to Sections 933.21- 933.26, Florida Statutes, from the Palm Beach County Court. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -169 Suspension of wastewater treatment service; notice to stop discharge; failure to comply. (a) When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self - monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established by a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against or a prerequisite for, taking any other action against the user. (b) The city may suspend the wastewater treatment service to any user, including other local governments, when the suspension is necessary, in the opinion of the Utilities Director, in or DEP to stop an actual or threatened violation which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the WWF, caused the WWF to violate any condition of its NPDES permit, or causes the city to be in violation of any of its agreements with the WWF. (c) Any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the user to cause the user to voluntarily comply with the suspension or DEP, the city shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the city or WWF systems or endangerment to any individuals. The city may reinstate the wastewater 53 574 of 703 treatment service upon proof of the elimination of the non - complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days from the date of the occurrence. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99; Ord. 10 -002, § 2, 1- 19 -10) Penalties, see Sec. 26 -177 54 575 of 703 Sec. 26 -170. Publication of users in significant violation. The city shall publish annually i "laFgest daily Fw .....i lisp i n the ° , a list of the industrial users which, during the previous 12 months, were in "significant noncompliance" with applicable pretreatment standards and requirements as defined in Sec. 26 -115 Public notification shall be included in a newsyayer(s) of general circulation within the iurisdiction served by the WWF that meets the reauirements of Sections 50.011 and 50.013. F.S: M �TlTT e., ESSP.!!f'.l.�_ (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Subdivision J. Violations; remedies 55 576 of 703 Sec. 26 -171. False statements of documents prohibited. No person shall knowingly make any false statements, representations, or certification in any application record, report, plan, or other document filed or required to be maintained pursuant to this division, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this division. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -172. Show cause hearing. (a) A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 26.142 of this chapter or the prohibitions in &--etiR-a 1-6-143 of "s &apter- if it can prove that it did not know, or have reason to know, that its discharge alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (1) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or (2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City of Boynton Beach was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (b) Any user subject to enforcement action under the provisions of this division may request a hearing before the Utilities Director within ten days of receipt of notification or proposed enforcement action. A hearing is to be held by the Utilities Director concerning the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Utilities Director why the proposed enforcement action should not be taken. (c) The Utilities Director may conduct the hearing and take the evidence, or, at the Utilities Director's sole discretion, may designate the City Attorney or an independent arbitrator to: (1) Issue, in the name of the city, notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in that hearing. (2) Take evidence and hear testimony (the strict rules of evidence shall not apply to any hearing). (3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendation to the Utilities Director or his or her designee for action thereon. 56 577 of 703 (d) At any hearing held pursuant to this division, testimony taken must be under oath and recorded stenographically, with the costs thereof to be borne by the user. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. (e) After the Utilities Director or his or her designee has reviewed the evidence, he or she may issue an order to the user responsible for the noncompliance(s) stating that, following a 30- day time period to provide remediation of noncompliance(s), penalties as per Section 26 -177 will go into effect. Further orders as are necessary and appropriate may be issued. (f) The city shall also establish and assess against the user, appropriate surcharges or fees to reimburse the city for the additional cost of operation and maintenance of the wastewater treatment works due to the violation of this division. (g) Costs for conducting a show cause hearing shall be borne by the user requesting the hearing if the enforcement action is upheld. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99; Ord. 10 -002, § 2, 1- 19 -10) Sec. 26 -173. Legal action against use for appropriate relief. If any person discharges sewage, industrial wastes, or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the City Attorney may commence an action against the user for appropriate legal relief, in the appropriate court which has jurisdiction; and to the extent permitted by law, shall seek recovery of all city costs and expenses related to those actions against the user by the city. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -174. Retention of records required. All users are required to retain and preserve for no less than three years, any records, books, documents, memoranda, reports, correspondence, documentation associated with best management practices, and any and all summaries thereto, relating to monitoring, sampling, waste hauling and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the WWF or the city pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Users shall make such records available for inspection and copying by the City and/or FDEP. All sampling and analysis activities shall be subject to the record - keeping requirements specified in Chapter 62 -160, F.A.C. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 57 578 of 703 Sec. 26 -175. Enforcement plan. An escalating enforcement strategy shall be used by the city to maintain compliance with this chapter. The various types of enforcement actions shall be used as determined by the Director and/or Code Enforcement Division and/or the City Attorney depending on the type or severity of the violation. A copy of the enforcement plan will be kept on file at the WWF. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -176. Remedies. ( n rr., w,,,.;,., def f A;..,." , „l,,.;on prohibited Discharge Standards. A User shall have an affirmative defense to an enforcement action brought against it for noncompliance with the e neral prohibitions in subsections 26 -142 of this title or the specific prohibitions in subsection 26 -142 (a) through 26 -142 (aa) if it can be proven that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (1) A local limit exists for each pollutant discharged and the User was in compliance with each limit directly prior to, and during, the pass through or interferences; or (2) No local limit exists, but the discharge did not change substantially in nature or constituents from the User's prior discharge when (the City) was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (34-) Consent orders. The Director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant ta- Sortioa 26 ' 72(P4to this ordinance and shall be judicially enforceable. (b) Upset. (1) For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements for paragraph (c), below are met. 58 579 of 703 (3) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: a. An upset occurred and the user can identify the cause(s) of the upset; b. The facility was at the time being operated in a prudent and workman- like manner and in compliance with applicable operation and maintenance procedures; and c. The user has submitted the following information to the Director within 24 hours of becoming aware of the upset if this information is provided orally, a written submission must be provided within five days: i. A description of the indirect discharge and cause of noncompliance; ii. The period of noncompliance, including exact dates and time or, if not corrected; the anticipated time the noncompliance is expected to continue; and iii. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. d. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. e. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. f. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. The requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (c14) Bypass. (1) For the purpose of this section, a. "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility. b. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. (2) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also if it also is for essential maintenance to assure 59 580 of 703 efficient operation. These bypasses are not subject to the provision of paragraphs (b)(3) and (4) of this section. (3) a. If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten days before the date of the bypass, if possible. b. A user shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. (4) a. Bypass is prohibited, and the Director may take an enforcement action against a user for a bypass, unless: i. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. ii. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back -up equipment should have been installed in the exercise of reasonable engineering judgemeet to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and iii. The user submitted notices as required under paragraph (b)(3) of this section. b. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in paragraph (b)(4)a. of this section. (Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -177. Penalties. Failure to comply with any Chapter 26 ordinances that relate to the actual and /or potential introduction of prohibited and/or restricted effluents into the sanitary sewer system requires penalties as mandated by federal law; e.g. Federal Pretreatment Regulations Section 403.8(f)(1)(vi)(A) requires penalties ap-te - at least the amount of $1,000.00 per day per violation which goes uncorrected. (a) Any user who is found to have violated an order of the city or who fails to comply with any provision of this chapter for which another penalty is not provided, and the orders, rules, and regulations issued hereunder, shall be penalized up-to at least the amount of $1,000 per day for 60 581 of 703 each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long -term average discharge limits, fines shall be assessed for each day during the period of violation. A lien against the user's property will be sought for unpaid charges, fines and penalties. In addition to the penalties provided herein, the city may recover all reasonable attorneys' fees, court costs, court reporters' fees, and other expenses of litigation by appropriate motions or suit at law against the user or person found to have violated this chapter or the orders, rules, regulations, and permit issued hereunder. (b) Penalties for continuing violations. Any person who shall continue any violation beyond the time limit provided for in Section 26- 166(a) shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding $5,000 for each offense. Each day in which any violation shall continue shall be deemed a separate offense. (c) Whoever violates Section 26 -171 shall, upon conviction, be punished by a fine of nat m at least the amount of $1,000 or by imprisonment for not more than 60 days, or by both. (d) If sampling performed by a user indicates a violation, the user must notify the Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within 30 days after becoming award of the violation. The user is not required to resample if the Director monitors at the user's facility at least once a month or if the Director samples between the user's initial sampling and when the user receives the results of this sampling. (e) The remedies and penalties provided for in this chapter are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99; Ord. 10 -002, § 2, 1- 19 -10) Sees. 26 -178— 26 -204. Reserved. m 582 of 703 CITY OF BOYNTON BEACH, FLORIDA, CODE OF ORDINANCES PART II CODE OF ORDINANCES CHAPTER 26 — WATER SEWERS & CITY UTILITIES ARTICLE IV. SEWERS Table of Contents: Section 26 -112 Purpose. Section 26 -113 Policy and Scope. Section 26 -114 Application of chapter. Section 26 -115 Abbreviations and Definitions. Section 26 -116 Compliance with provisions or more stringent regulations. Section 26 -117 Disposal of sewage other than through regional facilities. Section 26 -118 Right to refuse waste upon noncompliance. Section 26 -119 Depositing objectionable wastes on public and private property. Section 26 -120 Discharging into natural outlets. Section 26 -121 Privies, septic tanks, and other facilities. Section 26 -122 Suitable toilet facilities. Section 26 -123 Discharge prohibited in storm sewer system. Section 26 -124 Damaging or tampering with sewage works Section 26 -125 Connecting building sewer to private sewage disposal system. Section 26 -126 Written permit to be obtained; application; inspection fee. Section 26 -127 County to inspect installations. Section 26 -128 Compliance with state department of environmental protection and other current regulations. Section 26 -129 Connecting private sewage disposal system to public sewer. Section 26 -130 Maintenance of private sewage disposal facilities. Section 26 -131 Written permit required for use of public sewer, application; fee. Section 26 -132 Costs and expense of installation and connection of building sewer, indemnification. Section 26 -133 Separate building sewer provided for every building. Section 26 -134 Use of old building sewers with new buildings. Section 26 -135 Building sewer specifications. Section 26 -136 Gravity flow of building drain to public sewer. Section 26 -137 Surface runoff or groundwater. Section 26 -138 Inspection of connection to public sewer. Section 26 -139 Barricades and lights around sewer excavations. Section 26 -140 Wastes discharged into sanitary sewers to meet criteria. Section 26 -141 Discharge of stormwater and other unpolluted drainage. Section 26 -142 Prohibited discharges to sewers. Section 26 -143 Reserved. Section 26 -144 Pretreatment, equalization of waste flows. Section 26 -145 Interceptors. Section 26 -146 Maintaining flow - equalizing facilities and /or interceptors for preliminary treatment. Section 26 -147 Admission of industrial and commercial waste. 583 of 703 Section 26 -148 Compliance. Section 26 -149 Application of more stringent requirements; City shall notify affected users. Section 26 -150 City's right of revision. Section 26 -151 Excessive discharge. Section 26 -152 Prevention of accidental and slug discharges. Section 26 -153 Written report required describing cause of discharge. Section 26 -154 Notice to employees in event of dangerous discharge; emergency notification procedure. Section 26 -155 Notification of the discharge of hazardous waste. Section 26 -156 Compliance reporting requirements. Section 26 -157 Other reporting requirements. Section 26 -158 Inspection and sampling. Section 26 -159 Information and data to be made available. Section 26 -160 Special permit required; term. Section 26 -161 Application for permits; contents. Section 26 -162 User charges; wholesale sewer rates; calculation of sewer surcharge. Section 26 -163 Application of surcharge over standard use fee. Section 26 -164 Industrial cost recovery system. Section 26 -165 Review and amendment on annual basis. Section 26 -166 Notice of violations; liability for expense, loss or damage. Section 26 -167 Responsibility for treatment and disposal. Section 26 -168 Right to enter premises and obtain information concerning discharges. Section 26 -169 Suspension of wastewater treatment service; notice to stop discharge; failure to comply. Section 26 -170 Publication of users in signification violation. Section 26 -171 False statements of documents prohibited. Section 26 -172 Show cause hearing. Section 26 -173 Legal action against use for appropriate relief. Section 26 -174 Retention of records required. Section 26 -175 Enforcement plan. Section 26 -176 Remedies. Section 26 -177 Penalties. Section 26 -178- Section 26 -204 Reserved. 584 of 703 DIVISION 4. INDUSTRIAL AND COMMERCIAL WASTE Subdivision A. General Provisions Sec. 26 -112. Purpose. The purpose of this chapter is to regulate industrial waste pretreatment facilities and discharge of industrial waste into the Wastewater Facility (WWF) operated by the South Central Regional Wastewater Treatment and Disposal Board and providing for pollutant limitations, data collection, monitoring, and sampling, and providing for penalties for the violation thereof for the following purposes: (a) To prevent the introduction of pollutants into the city's wastewater system which will interfere with the normal operation of the wastewater collection system or the wastewater treatment plant, or which will contaminate the resulting municipal sludge; (b) To prevent the introduction of pollutants into the city's wastewater collection system which do not receive adequate treatment by the WWF, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; (c) To protect the Wastewater Facility workers and the general public; (d) To provide for fees for the equitable distribution of the costs of operation, maintenance, and improvement of the Wastewater Facility; (e) To improve the opportunity to recycle and reclaim wastewater and sludge from the system; and (f) To enable the city to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the WWF is subject. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -113. Policy and scope. The policy is established that the provisions of this chapter will be enforced to the fullest extent possible under the provisions of Federal Pretreatment Regulations 40 CFR Part 403 and Florida Administrative Code Rules, 62 -302, 62 -600, 62 -604, 62 -610, and 62 -625 issued by the Florida Department of Environmental Protection. The standards set forth are minimum requirements to ensure the general health and welfare of the public. Except as otherwise provided herein, the city shall administer, implement, and enforce the provisions of this chapter. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) 585 of 703 Sec. 26 -114. Application of chapter. (a) The use of city wastewater facilities by any entity or local government shall subject that entity or local government to the application of this chapter. This shall include, but not be limited to, wholesale, retail, and large agreement users, whether inside or outside the city limits. (b) The regulations of this chapter shall apply to all users of the sewer facilities of the city whether inside or outside the city, including all other local governments such as, but not limited to, the Town of Highland Beach, the Town of Gulf Stream, and contributions from incorporated or unincorporated agencies of Palm Beach County. Furthermore, all local government users shall be required, within 60 days after enactment of this chapter and notice thereof, to enact ordinances substantially similar to this chapter and to apply and enforce the same to all users of their public and sanitary sewer systems. (Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -115. Abbreviations and Definitions. The following abbreviations, when used in this chapter, shall have the designated meanings: BOD Biochemical Oxygen Demand CFR Code of Federal Regulations COD Chemical Oxygen Demand DEP Department of Environmental Protection EPA United States Environmental Protection Agency FAC Florida Administrative Code FDEP Florida Department of Environmental Protection gpd gallons per day mg/l milligrams per liter NPDES National Pollutant Discharge Elimination System O &M Operation and Maintenance POTW Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act 4 586 of 703 SIC Standard Industrial Classification TSS Total Suspended Solids USC United States Code WWF Wastewater Facility For the purpose of this chapter, all definitions shall be applied and interpreted in accordance with Rule 62 -625, F.A.C., as amended. Act and The Act. The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et seq. Approval authority. The Florida Department of Environmental Protection. Authorized representative of the user. (1) If the user is a corporation, a responsible corporate officer. (2) If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively. (3) If the user is a federal, state, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (4) The individuals described in paragraphs (1) through (3), above, may designate another authorized representative if the authorization is in writing by the individual described in (1) through (3) above, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city. Best Management Practices or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in subsections 62- 625.400(1)(a) and (2), F.A.C. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, industrial sludge or waste disposal, or damage from raw materials storage. Board. The South Central Regional Wastewater Treatment and Disposal Board, including, in the appropriate case, the regional treatment facilities, and all its other attendant facilities. Board (WWF). The Board of Directors of the South Central Regional Wastewater Treatment and Disposal Board. B.O.D. (Denoting Biochemical Oxygen Demand). The quantity of oxygen utilized in the 587 of 703 biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° centigrade, usually expressed as a concentration (e.g., mg/1). Building sewer. Sewer conveying wastewater from the premises of a user to the collection system which transmits wastewater to the WWF. Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 USC Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 -471. Categorical industrial users. An industrial user subject to categorical pretreatment standards under Rule 62- 625.410, F.A.C., including 40 CFR Chapter I, Subchapter N, Parts 405 - 471, as of July 1, 2009, herby adopted and incorporated by reference. Chemical oxygen demand (C.O.D.). A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water. City. The City of Boynton Beach; all that land and water area included within the boundaries of the "City" in which the Commission proposes to acquire, establish, construct, extend, operate, and maintain sanitary sewerage facilities, except as follows: (1) All state and federally owned land and water area located in the city or county, except where the state and federal government consent to the provisions of this chapter. (2) All land and water area duly franchised by the city or county to privately owned sewer utility companies for the provisions of sewer service, except where the privately owned sewer utility companies consent to the provisions of this chapter. Collection system. The system of public sewers to be operated by the city and connected to the WWF facilities. Compatible pollutant. A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the wastewater facility was designed to treat those pollutants, and in fact, does remove the pollutant to a substantial degree. Composite sample. A series of samples taken over a specific 24 -hour time period at intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample. Flow proportional sampling is mandated unless circumstances do not permit it, then it shall be time proportional. Samples shall be taken during effluent discharge times only. Cooling water. The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat. Direct discharge. The discharge of treated or untreated wastewater directly to the waters of the State of Florida. 588 of 703 Director of utilities, utilities director, or director. This refers to the individual in charge of the Utilities Department for the city. Discharge. Means disposal of, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. Domestic wastewater. Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from household or toilet waste resulting from human occupancy. It may or may not contain ground water, surface water, or stormwater. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of that agency. Executive director. The administrative director or his authorized deputy, agent or representative of the South Central Regional Wastewater Treatment and Disposal Board. The Executive Director is the authorized administration authority of the South Central Regional Wastewater Treatment and Disposal Board. Existing source. Any source of discharge that is not a "New Source." Garbage. The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods. Grab sample. An individual, discrete sample collected at a specific time. A grab sample includes all sub samples or aliquots (e.g. individual containers for specific analytes or analyte groups), sample fractions (e.g. total and filtered samples) and all applicable field quality control samples (e.g. field sample duplicates or split samples) collected at the same locations within a time not exceeding 15 minutes. Grantee. Recipient of a federal grant for all or a portion of a treatment works as administered by the Environmental Protection Agency. Holding tank waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum -pump tank trucks. Indirect discharge or discharge. The introduction of non - domestic pollutants from any source regulated under Section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317) and F.S. ch 403, into the A" (including holding tank waste discharged into the system). Industrial or commercial waste. The liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or sanitary sewage. Industrial and commercial waste discharge permit. A permit issued to control the process flows from industry, commerce, or institutions that may be discharged into the sanitary sewer system. This permit is issued in addition to any other types of permits. When issued, the permit will define the characteristics and volume of the flow and acceptance or rejection of individual waste components and/or require high strength waste surcharges. 589 of 703 Industrially classified user. An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial or commercial activities, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resulting from human occupancy. Industrial user. A source of indirect discharge and discharge of industrial and commercial waste which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act. (33 U.S.C. 1342). Instantaneous maximum allowable discharge limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the WWF, its treatment processes or operations, or its sludge processes, use or disposal; and thereafter, is a cause of a violation of the NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory /regulatory provisions or permits hereunder, or any more stringent State or local regulations: F.S. ch 403; Section 405 of the Act; the Solid Waste Disposal Act, including Title H commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. Local Limit. Specific discharge limits developed and enforced by the Director upon industrial and commercial facilities to implement the general and specific discharge prohibitions listed in Rule 62- 625.400,F.A.C. Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. Milligrams per liter (mg/l). The number of units of minor constituents present with each one million (1,000,000) units of the major constituent of a solution or mixture. Milligrams per liter shall be considered equivalent to parts per million. Monitoring costs. Those costs incurred by the City in performing monitoring and/or sampling as prescribed by 40 CFR 403. National categorical pretreatment standard. Any federal regulation containing pollutant discharge limits promulgated by the EPA which applies to a specific category of industrial users. National Pollutant Discharge Elimination System or NPDES Permit. A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). National prohibitive discharge standard or prohibitive discharge standard. Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5 590 of 703 Natural outlet. Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body. New source. (1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: a. The building, structure, facility, or installation is constructed at a site which no other source is located; or b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c. The production of wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (1)(B) or (C) above but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: a. Begun, or caused to begin, as part of a continuous onsite construction program: (i) any replacement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including land clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the replacement, assembly, or installation of new source facilities or equipment; or b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. Noncontact cooling water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. 591 of 703 Non - significant categorical industrial user. An industrial user that discharges 100 gallons per day (gpd) or less of total categorical wastewater (excluding sanitary, non - contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and: (1) Has consistently complied with all applicable categorical pretreatment standards and requirements; (2) Annually submits the certification statement required in Sec. 26- 157(h) of this Chapter together with any additional information necessary to support the certification statement; and (3) Never discharges any untreated categorical process wastewater. Pass through. A discharge which exits the Treatment Works into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the wastewater treatment plant permit, including an increase in the magnitude or duration of a violation. Permit. A permit issued to a wastewater treatment plant in accordance with Chapter 62 -620, F.A.C. Person. Any individual, partnership, co- partnership, firm, company, association, society, corporation, joint stock company, trust, estate, governmental entity, group, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local entities. Point source. The initial point of discharge into a sewer system. pH. Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution; a measure of the acidity or alkalinity of a solution, expressed in standard units. Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). Pollution. The man -made or man - induced alteration of the chemical, physical, biological, and radiological integrity of water. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing those pollutants into a WWF. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or 10 592 of 703 by other means, except as prohibited by 40 CFR Section 403.6(d)and 62- 625.410(5), F.A.C.. Pretreatment requirements. Any substantive or procedural requirement for treating of a waste prior to inclusion in the WWF. Pretreatment standards. National Categorical Pretreatment Standards or alternative discharge limits, whichever is applicable. Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 26 -142. Properly shredded garbage. The wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 -inch (1.27 centimeters) in any dimension. Public sewer. A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. Publicly Owned Treatment Works (POTW). In this case, the regional treatment plant operated by the South Central Regional Wastewater Treatment and Disposal Board, and the collection sewer system owned and operated separately by the Cities of Delray and Boynton Beach. (Also see Wastewater Facility —WWF.) Regional treatment facilities. The South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal Board of Palm Beach County, Florida. Replacement. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which those facilities were designed and constructed. Responsible Corporate Officer. (1) A president, secretary, treasurer, or vice - president of the corporation in charge of a principle business function, or any other person who performs similar policy- or decision - making functions for the corporation; or (2) The manager of one or more manufacturing, production, or operating facilities, provided the manager; a. Is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations; im 593 of 703 b. Is authorized to initiate and direct other comprehensive measures to assure long -term environmental compliance with environmental laws and regulations; c. Can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; d. Has been assigned or delegated the authority to sign documents in accordance with corporate procedures. Sanitary sewage. The household and toilet wastes resulting from human occupancy. Sanitary sewer. A sewer which carries sewage and to which storm, surface, and ground water are not intentionally admitted. Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Sewage. A combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with ground, surface, and stormwater that may be present. Sewage works. All facilities for collecting, pumping, treating, and disposing of wastewater including the WWF. Sewer. A pipe or conduit for carrying sewage. Shall is mandatory; May is permissive. Significant industrial user. Except as provided in paragraphs (3) and (4) below: (1) Categorical industrial users; and (2) Any other industrial user that: (a) Discharges an average of twenty -five thousand (25,000) gallons per day (gpd) or more of process wastewater to the Treatment Works (excluding domestic wastewater, noncontact cooling and boiler blowdown wastewater); IF, 594 of 703 (b) Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or (c) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the Treatment Works operation or for violating any pretreatment standard or requirement. (3) The City may determine that an industrial user subject to categorical pretreatment standards under Rule 62- 625.410, F.A.C. including 40 CFR Chapter I, Subchapter N, Parts 405 -471, is a non - significant categorical industrial user. (4) Upon a finding that a user meeting the criteria in Section (B) of this definition has no reasonable potential for adversely affecting the Treatment Works operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 62- 625.500(2)(e), determine that such user should not be considered a significant industrial user. Significant non - compliance. Means that violations of this chapter by a user subject to pretreatment standards meet one or more of the following criteria: (1) Chronic violation: 66% or more of all measurements taken for the same pollutant during a six -month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instant; (2) Technical review criteria (TRC) violation: 33% or more of all measurements taken for the same pollutant during a six -month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC. (TRC equals 1.4 for BOD, TSS and Oil and Grease; and 1.2 for all other pollutants except pH); (3) Any other violation of a pretreatment standard or requirement (daily maximum, long -term average, instantaneous limit, or narrative standard) that the City determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city or wastewater treatment plant personnel or the general public); (4) A discharge that caused imminent endangerment to human health, welfare or to the environment and resulted in the city exercising its emergency authority, (5) Failure to meet a compliance schedule milestone date within 90 days or more after the scheduled date contained in a control mechanism or enforcement order for starting construction, completing construction or attaining final compliance; (6) Failure to submit a required report within forty -five (45) days of its due date; 13 595 of 703 (7) Failure to accurately report non - compliance; or (8) Any other violation or group of violations, including a violation of best management practices, which the Director determines may cause interference or pass through or will adversely affect implementation of the city's pretreatment program. Significant violation. A violation that remains uncorrected 45 days after notification of non- compliance; which is part of a pattern of non - compliance over a 12 -month period; which involves a failure to accurately report non - compliance; or which resulted in the WWF exercising its emergency authority under Section 403.8 (F)(1)(vi)(B) of the Act. Slug load or slug discharge. Any discharge of non - routine, episodic nature, which has reasonable potential to cause interference or pass through, or in any other way violate the treatment works regulations, local limits or permit conditions. Standard industrial classification (SIC). Classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, as amended. State. State of Florida. Storm drain or storm sewer. A sewer that carries stormwater and surface water, street wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and commercial waste. Stormwater. Any flow occurring during or following any form of natural precipitation and resulting therefrom. Superintendent. The person designated by the WWF to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative. Surcharge. An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits. Suspended solids. Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts. Treatment plant. That portion of regional treatment facilities designed to provide treatment to wastewater and is operated by the South Central Regional Wastewater Treatment and Disposal Board. Treatment works. The wastewater treatment plant, interceptors, force mains, lift stations, and 14 596 of 703 collection systems. User. Any person who contributes, causes, or permits the contribution of wastewater into the WWF. User charge or user fee. A charge levied on the users of the treatment process facilities for the cost of operation and maintenance of those facilities and other equitable and necessary charges. Wastewater. The liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the WWF. Wastewater facility (WWF). Any or all of the following: the collection/transmission system, the treatment plant, and the reuse or disposal system. Wastewater treatment plant. Any arrangement of devices and structures used for treating wastewater, such as the WWR Watercourse. A channel in which a flow of water occurs, either continuously or intermittently. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99; Ord. 10 -002, § 2, 1- 19 -10) Sec. 26 -116. Compliance with provisions or more stringent regulations. (a) The use of public sanitary sewers shall be as outlined in this chapter or through other regulations as may be promulgated by the city or the WWF under the authority of this chapter. (b) No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by health agencies. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -117. Disposal of sewage other than through regional facilities. (a) The disposal of sewage by means other than use of the available regional wastewater facilities shall be in accordance with city, county, state, and federal law. (b) The disposal of sewage to the WWF shall be as outlined in this chapter and shall be subject to standards which meet or exceed the city industrial and commercial waste ordinance requirements as they shall exist from time -to -time. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) 15 597 of 703 Sec. 26 -118. Right to refuse waste upon noncompliance. The city shall have the right to refuse waste from any user where wastewater does not comply with this chapter. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -119. Depositing objectionable wastes on public and private property. It shall be unlawful for any person to place, deposit, or permit to be deposited, in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human excrement, garbage, or other objectionable waste. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -120. Discharging into natural outlets. It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -121. Privies, septic tanks, and other facilities. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -122. Suitable toilet facilities. The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the city and abutting on any street, alley, or right -of- way in which there is now located or may in the future be located a public sanitary sewer of the city are required, at their expense, to install suitable toilet facilities therein, and to connect those facilities directly with the proper public sewer, in accordance with applicable state and county regulations, within 90 days after date of official notice to do so. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 16 598 of 703 Sec. 26 -123. Discharge prohibited in storm sewer system. Under no condition shall the discharge of domestic, sanitary, industrial, or commercial waste be permitted into the storm sewer system. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -124. Damaging or tampering with sewage works. No person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Subdivision B. Private Sewage Disposal System Sec. 26 -125. Connecting building sewer to private sewage disposal system. Where a public, sanitary, or combined sewer is not available under the provisions of Section 26 -122, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subchapter. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -126. Written permit to be obtained, application, inspection fee. Before the commencement of construction of a private sewage disposal system, the owner shall obtain a written permit signed by the authorized city official. The application for the permit shall be made on a form furnished by the city which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the authorized city official. A permit and inspection fee of $50 shall be paid to the city at the time the application is filed. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -127. County to inspect installations. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the county. The county shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the county when the work is ready for final inspection and before any underground portions are covered. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) WA 599 of 703 Sec. 26 -128. Compliance with state department of environmental protection and other current regulations. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Environmental Protection. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities unless it conforms to all current regulations. No septic tanks or cesspool shall be permitted to discharge to any natural outlet. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -129. Connecting private sewage disposal system to public sewer. At a time when a public sewer becomes available to a property served by a private sewage disposal system, as provided herein, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -130. Maintenance of private sewage disposal facilities. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 W. 600 of 703 Subdivision C. Installations and Connections Sec. 26 -131. Written permit required for use of public sewer; application; fee. (a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. (b) The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the city. A permit and inspection fee shall be paid to the city at the time the application is filed. The permit fee for those establishments discharging industrial wastewater is further explained in this chapter. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -132. Costs and expense of installation and connection of building sewer; indemnification. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner or user. The owner and user shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -133. Separate building sewer provided for every building. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -134. Use of old building sewers with new buildings. Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the Building Official, to meet all requirements of this chapter. (Ord. No. 93 -8, § 2,5-18-93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) 19 601 of 703 Sec. 26 -135. Building sewer specifications. (a) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, joining, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city. In the absence of code provisions, or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WEF Manual of Practice No. 9, as same may be amended from time -to -time, shall apply. (b) All connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Building Department before installation. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -136. Gravity flow of building drain to public sewer. Whenever possible, the building sewer shall be brought to the building at any elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by that building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -137. Surface runoff or groundwater. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or any other connected appurtenances, or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -138. Inspection of connection to public sewer. The applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the city officials or city representatives. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) 20 602 of 703 Sec. 26 -139. Barricades and lights around sewer excavations. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Subdivision D. Use of Public Sewers Sec. 26 -140. Wastes discharged into sanitary sewers to meet criteria. All waste discharged to public sanitary sewers, which in turn discharge to the regional treatment facilities (WWF), shall meet or exceed the following criteria of this subchapter. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -141. Discharge of stormwater and other unpolluted drainage. (a) No person shall discharge or cause to be discharged any stormwater, surface water, ground water, uncontaminated cooling water or unpolluted industrial process waters to the sanitary sewer. (b) Stormwater and all other unpolluted drainage shall be discharged to those sewers as are specifically designated as storm sewers, or to a natural outlet approved by the proper city or county official. Industrial cooling water or unpolluted process waters may be discharged on approval of the Utilities Director to a storm sewer or natural outlet. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -142. Prohibited discharges to sewers. No person shall discharge or cause to be discharged any pollutant which causes pass through, interference, or the below described materials, waters, or wastes (collectively, the substances) if it appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary sewer systems, or have an adverse effect on the receiving water body, or can otherwise endanger life, limb, public property, or constitute a nuisance. The decision shall be based on those factors as the quantities subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of waste in the wastewater treatment plant, and other pertinent factors. The substances restricted are: 21 603 of 703 (a) Flammable or explosive liquids, solids, or gases, including, but not limited to, gasoline, benzene, naptha, fuel oil, or other materials with a closed -cup flashpoint of less than 140 F. (60 C.) using the test methods specified in 40 CFR 261.21. (b) Pollutants having a pH of less than 5.5, or greater than 9.5, or otherwise causing corrosive damage to the WWF or its equipment or personnel. (c) Pollutants, including oxygen- demanding pollutants (BOD, etc.) released at a flow rate and/or concentration which, either singly or by interaction with other pollutants, will cause interference with the WWF. (d) Any liquid having a temperature higher than 150 F. or causing the wastewater treatment plant influent to exceed 104 F. (e) Any water or waste containing petroleum oils, mineral oils, or non - biodegradable cutting oils in amounts that will cause interference or pass through, or any fats, wax, grease, or other oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32 F. and 150 F. (O C. and 60 C.). (f) Pollutants which result in the presence of toxic gases, vapors, or fumes within the WWF in quantities that may cause acute worker health or safety problems. (g) Any trucked or hauled wastes, except at discharge points designated by the Director. Industrial waste haulers may discharge loads only at locations designated by the Director. No load may be discharged without prior consent of the Director. The Director may collect samples of each hauled load to ensure compliance with applicable standards. The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge. (h) Any water or wastes containing toxic or poisonous or pathogenic solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance or an acute health or safety hazard, interfere with the ability to repair or maintain the WWF, or create any hazard in the receiving waters of the wastewater treatment plant. (i) Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders. Penalties, see Sec. 26 -177 0) Wastes which impart color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consistently impart color to the treatment plant's effluent. (k) Wastewater containing any radioactive wastes or isotopes except in compliance with 22 604 of 703 applicable State or Federal regulations. (1) Sludges, screenings, or other residues from the pretreatment of industrial wastes. (m) Medical wastes, except as specifically authorized by the Director. (n) Wastes causing, either alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test. (o) Detergents, surface active agents, or other substances which may cause excessive foaming in the WWF. (p) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not. (q) Any waters or wastes containing phenols or other taste or odor producing substances, in a concentration exceeding limits which may be established by the POTW as necessary after treatment of the composite sewage to meet the requirements of the state, federal, or other public agencies of jurisdiction for that discharge to the receiving waters. (r) Any garbage that has not been properly shredded, which shall mean particles in size no greater than 1/2 inches measured in any dimension. (s) Any waste containing restricted substances in quantities in excess of the City's local limits, measured at the point of discharge into any sewer system as adopted by the South Central Regional Wastewater Treatment and Disposal Board and contained in the Interlocal Agreement entered into between the City of Boynton Beach and the City of Delray Beach. Such local limits are incorporated herein by reference. The City may also develop best management practices (BMPs) to implement local limits. Such BMPs shall be considered local limits and pretreatment standards for the purpose of this Article. (t) Any waste from sodium -cycle action exchange (water softening) units from industrial or commercial users where the chloride content exceeds 645 milligrams per liter. (u) Any water or waste with a chlorine demand greater than 15 milligrams per liter. (v) Any radioactive wastes or isotopes or half- life or concentration as may exceed limits established by the POTW in compliance with applicable state or federal regulations. (w) Volume of flow or concentration of wastes constituting a slug discharge as defined in Section 26 -115. (x) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to that degree that the wastewater treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters. 23 605 of 703 (y) Any waters or wastes containing suspended solids in excess of 400 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. (z) Any waters or wastes with a five -day, 20 C. B.O.D. greater than 400 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. (aa) Any waters or wastes containing chemical oxygen demand (COD) greater than 800 mg/L unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the WWF. Except where expressly authorized by an applicable pretreatment standard or requirement, no user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The City may impose mass limitations on users that are using dilution to meet applicable pretreatment standards or requirements. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -143. Reserved. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99; Ord. No. 01 -58, § 2,12-4-01; Ord. 10-002,§2,1-19-10) Penalty, see Sec. 26 -177 See. 26 -144. Pretreatment, equalization of waste flows. (a) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 26 -142, and which, in the judgment of the Utilities Director, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Utility Director may: (1) Reject the wastes. (2) Require pretreatment to an acceptable condition for discharge to the public sewers. (3) Require control over the quantities and rates of discharge. (4) Require payment to cover the added cost of handling and treating the wastes not covered by existing fees or sewer charges as contained in the strength charge system. 24 606 of 703 (b) If the WW permits the pretreatment or equalization of waste flows, the plans for the design and installation of the equipment shall be subject to the review and approval of the WWF and the city and subject to the requirements of applicable codes, ordinances, laws, and compliance schedules as established by the city. In addition, any major contributing industry as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and any other regulation as shall from time -to -time be established by EPA or other appropriate regulating governmental agency. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -145. Interceptors. Grease, oil, hair, lint and sand interceptors are to be provided when, in the opinion of the Utilities Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that those interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city and shall be so located as to be readily and easily accessible for cleaning and inspection. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -146. Maintaining flow - equalizing facilities and/or interceptors for preliminary treatment. Where preliminary treatment or flow equalizing facilities and/or interceptors are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the user at his or her expense. Use of solvents and/or detergents and/or soaps, and/or degreasers is restricted to those levels which do not interfere with the proper functioning of the interceptors. Interceptors like, but not limited to, grease traps, lint traps, or grit traps must have a watertight closure for their inspection covers. The covers themselves must be of a type to conform with the plumbing codes of the city's Building Department. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -147. Admission of industrial and commercial waste. All users of the public sewers or sanitary sewers shall recognize and comply with the following: (a) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. It shall be the policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes, or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. It is also 25 607 of 703 recognized that to provide this service, additional facilities or treatment are required, and the cost of that must be borne by the user receiving the benefits. (b) (1) Approval in advance by the city is required for the anticipated admission of industrial or commercial wastes into the public sewers having: a. A five -day, 20 C. B.O.D. greater than 220 milligrams per liter, or chemical oxygen demand (COD) greater than 440 milligrams per liter. b. A suspended solids content greater than 175 milligrams per liter. c. An oil /grease content greater than 100 milligrams per liter. (2) The user shall provide chemical analyses of the discharge according to a schedule to be established by the WWF and continued discharge shall be subject to approval of the city. (c) Samples shall be collected so as to be a representative sample of the actual quality of the wastes. Samples for analysis may be collected by the user or his or her representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the city or a wastewater treatment plant operator licensed and registered in the state, or a water testing laboratory certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136, Chapter 62 -160, F.A.C., and Chapter 62- 625.600, FAC (also see 26 -158). (d) When required by the Utilities Director, any establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole or other suitable control station downstream from any treatment, storage, or other approved works to facilitate observation, measurement, and sampling of all wastes including all domestic sewage from the establishment. The location and methods of construction of the control station shall be approved by the Utilities Director. The control station shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to verify in- product water retention or other uses of metered flow, they may, at their sole expense, install a flow - metering device as approved by the Utilities Director. The control station shall be accessible to city personnel at all times for sampling. All authorized WNW or city employees shall be permitted, upon suitable notice to the user, to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with provisions of this chapter. When required, construction of those facilities shall be completed within 90 days following written notification by the city. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99; Ord. 10 -002, § 2, 1- 19 -10) Penalty, see Sec. 26 -177 Subdivision E. National Categorical Pretreatment Standards 26 608 of 703 Sec. 26 -148. Compliance. (a) Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations and as required by the city. Industrial users with integrated facilities shall comply with any alternative discharge limits as set by the city. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained solely at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review at the request of the city. The review of those plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the city prior to the user's initiation of the changes. (b) The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405 -471 are hereby incorporated. (1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(C) and Rule 62- 625.410(4), FAC. (2) When wastewater subject to a categorical pretreatment standard is mixed wastewater not regulated by the same standard, the Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(E) and Rule 62- 625.410(6), FAC. (3) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13 and Rule 62- 625.700, FAC, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. (4) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Director may convert the limits to equivalent limitations expressed either as mass of pollutant discharges per day or effluent concentration for purposes of calculating effluent limitations applicable to Individual Industrial Users, in accordance with 62- 625.401(4), F.A.C. (5) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15 and Rule 62- 625.820, FAC. (c) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users who are using 27 609 of 703 dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (d) All records relating to compliance with pretreatment standards shall be available to officials of the city, the WNW, EPA, or FDEP upon request. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -149. Application of more stringent requirements; city shall notify affected users. Upon the promulgation of the national categorical pretreatment standards or alternative discharge limits for a particular industrial subcategory, the pretreatment standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter and shall be considered part of this chapter. After the city receives notice, the city shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) 28 610 of 703 Sec. 26 -150. City's right of revision. The city reserves the right to establish by further ordinance or regulation more stringent limitations or requirements on discharges to the sewage works if deemed necessary to comply with the objectives presented in this chapter. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -151. Excessive discharge. All users are prohibited from increasing the use of process water or, in any way, attempting to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment standards, alternative discharge limits, or in any other pollutant - specific limitation developed by the city or state. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -152. Prevention of accidental and slug discharges. (a) A user shall provide protection from accidental discharge of restricted and prohibited materials or other substances required by this chapter. Facilities to prevent accidental discharge of prohibited and restricted materials shall be provided and maintained at the owner's expense. (b) Prevention of accidental discharges requires, but is not limited to, providing secondary containment for storage of potentially hazardous and/or regulated materials. The containment requirements are those specified in, but not limited to, 40 CFR 264.170 through 176 and the Palm Beach County Wellfield Protection Ordinance 88 -7 Section 5.01 through 5.04. Containment requirements must meet or exceed the following criteria of this subchapter: (1) Containment Volume to be provided shall be in accordance with the regulations and ordinances listed and shall meet or exceed the largest of the volume requirements found in those regulations and ordinances. (2) Storage Sheltering. All outdoor storage shall be sheltered from rainfall, or a suitable means of removing rainwater from secondary containment areas shall be provided. (3) Conditions of the Stored Vessel. All stored containers shall be maintained in sound condition; no rust, corrosion, or other signs of deterioration of the primary containment wall shall be permitted. All stored containers shall be closed and sealed during storage. (4) Segregation of Chemically Reactive Contents. Materials which are potentially reactive with each other shall not be stored in the same containment area, unless physical barrier separations are provided within the common area. 29 611 of 703 (5) Stand -by Materials/Equipment. Absorbents and pumps for pumping out spills shall be available when needed. (6) Design of Containment Floor /Base. The floor or base of the containment area on which the stored vessels rest shall either be sloped or raised or provided with a drain faucet to prevent or minimize contact between the storage container wall and spilled content. (7) Materials of Construction for Containment. The walls, sidings, and floor or base of the containment area shall be constructed of materials which are chemically inert with the stored materials and which render the provided containment volume leak proof. (c) On the request of the city, the user shall be required to submit detailed plans showing facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety (90) days after notification by the city. If further required by the city, a user who commences contribution to the public sewers after the effective date of this chapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements. (d) The City shall evaluate, at least once every two years, whether each significant industrial user needs a plant to control slug discharges. New significant industrial users must be evaluated within 1 year of being designated a significant industrial user. Significant industrial users are required to notify the City immediately of any changes at its facility affecting the potential for a slug discharge. If the City decides that a slug control plan is needed, the plan shall be prepared in accordance with the requirements of Rule 62- 625.500(2)(b)(6), F.A.C. (e) In the case of an accidental discharge, including slug discharges and prohibited discharges, it is the responsibility of the user to immediately notify by telephone, the Utilities Director, the Executive Director of the WWF, and the WWF. The notification shall include location of discharge, type of waste, concentration and volume, and correction actions. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -153. Written report required describing cause of discharge. Within five (5) days following an accidental discharge, the user shall submit to the WWF and the city a written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. The notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the public /sanitary sewer system, the sanitary sewer system, the WWF, fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 30 612 of 703 Sec. 26 -154. Notice to employees in event of dangerous discharge; emergency notification procedure. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees of whom to call, in the event of a dangerous discharge. Furthermore, all employers shall ensure that all employees who may cause a dangerous discharge to occur are advised of the emergency notification procedure. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -155. Notification of the discharge of hazardous waste. (a) Any industrial user who commences the discharge of hazardous waste shall notify the Director of Utilities, the Executive Director of the WWF, the EPA Regional Waste Management Division Director, , the State hazardous waste authorities, and the State's pretreatment authorities in writing of any discharge into the City Sewer System of a substance which is a listed or characteristic hazardous waste under Section 3001 of RCRA or 40 CFR part 261, or Chapter 62- 730, F.A.C. Such notification must include a description of any such wastes discharged, the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, , and the type of discharge (continuous, batch, or other. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. This requirement shall not apply to pollutants already reported under the self - monitory requirements. Notification is required no later than thirty (30) days after the discharge of the listed or characteristic hazardous waste. If the industrial user discharges more than 100 kilograms of such waste per calendar month to the WWF, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: (1) An identification of the hazardous constituents contained in the waste, (2) An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and (3) An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. (b) Dischargers are exempt from the requirements of paragraph (a) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR Part 261.30(d) and 261.33(e) or Chapter 62 -730, F.A.C.. Discharge of more than 15 kilograms of non -acute hazardous waste in a calendar month, or any quantity of acute hazardous waste, requires a one -time notification. Subsequent months during which the industrial user discharges more than 15 kilograms of hazardous waste do not require additional notification, except for the acute hazardous wastes specified in 40 CFR 261.30(d) and 261.33(e) or Chapter 62 -730, F.A.C. (c) In the case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the 31 613 of 703 industrial user must notify the Utilities Director, the Executive Director of the WWF, the EPA Regional Waste Management Division Director, and the State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations, except for the exemption in paragraph (b) of this section. (d) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of wastes generated to the degree it has determined to be economically practicable and that it has selected the method of treatment, storage, or disposal currently available which minimizes the present and future threat to human health and the environment. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Subdivision F. Reporting, Inspections, and Monitoring Sec. 26 -156. Compliance reporting requirements. (1) Baseline Report. Within ninety (90) days after the effective date of a pretreatment standard, existing industrial users currently discharging to, or schedule to discharge to the Treatment Works shall submit to the Director a baseline report that meets the requirements of Rule 62- 625.600(1), F.A.C. At least ninety (90) days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable pretreatment standard, shall submit to the Director a baseline report that meets the requirements of Rule 62- 625.600(1), F.A.C. New sources shall include in this report information on the method of pretreatment it intends to use to meet applicable pretreatment standards. (2) Compliance Schedule and Progress Reports. If additional pretreatment of O &M will be required to meet the pretreatment standards, the industrial user shall provide such additional pretreatment or O &M as specified in a compliance schedule. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The compliance schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standard (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction). No increment of progress shall exceed nine (9) months. Within fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Director including, at a minimum, whether or not it complied with the increment of progress to be met on such date, and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. Compliance schedule reports shall meet the requirements in Rule 62- 625.600(2), F.A.C. In no event shall more than nine (9) months elapse between such progress reports to the Director. (c) Final Compliance Report. Within thirty (30) days following the date for final 32 614 of 703 compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the public /sanitary sewer system, the user shall submit to the Utilities Director, a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by those pretreatment standards or requirements. The report shall meet the requirements of Rule 62- 625.600(3). The report shall state whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -157. Other reporting requirements. (a) Periodic Compliance Report. Each significant user and/or permittee, except non- significant categorical industrial users, shall submit to the city during the months of June and December, unless required more frequently in the pretreatment standard or by the city, a report indicating the nature and concentration of pollutants in the effluent which are limited by those pretreatment standards or this chapter. The reports must be based on sampling and analysis performed in the period covered by the report. Periodic compliance reports shall meet the requirements of Rule 62- 625.600(4) and (7), F.A.C. If an industrial user monitors any regulated pollutant at the appropriate monitoring location more frequently than required by the City, the results of this monitoring shall be included in the report. In addition, this report shall include a record of daily water consumption which, during the reporting period, exceeded the average daily water consumption reported in the submission information. At the discretion of the city and in consideration of those factors as local high or low flow rates, holidays, budget cycles, and the like, the city may agree to alter the months during which the above reports are to be submitted. The City may also reduce the reporting requirements to a frequency no less than once a year, unless required more frequently in the pretreatment standard or by FDEP, if the industrial user meets the requirements of Rule 62- 625.600(4)(d), F.A.C. The user shall be responsible to quantify that fraction of daily water consumption designated for discharge to the sanitary sewer, if different from the total water consumption. In cases where the pretreatment standard requires compliance with best management practice (BMW) or pollution prevention alternative, the industrial user shall submit documentation required by the City or the pretreatment standard necessary to determine the compliance status of the industrial user. The City may authorize an industrial user to waive sampling of a regulated pollutant if the industrial user provides a certification statement and demonstrates compliance with Rule 62- 625.600(4)(b) and (c), F.A.C. (b) Reports of Changed Conditions. Each user must notify the Director and the Executive Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change. (1) The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission under Section 26 -161. 33 615 of 703 (2) The Director may issue a wastewater discharge permit under Section 26 -160 or modify an existing wastewater discharge permit under Section 26 -160 in response to changed conditions or anticipated changed conditions. (3) For purpose of this requirement, significant changes include, but are not limited to, flow 20% percent or greater, and the discharge of any previously unreported pollutants. (c) Reports of Potential Problems. (1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non - routine, episodic nature, a non - customary batch discharge, a slug discharge, or prohibited discharge, that may cause potential problems for the WWF, the user shall immediately telephone and notify the of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. (2) Within five (5) days following such discharge, the user shall, unless waived in writing by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter. (3) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in a paragraph (A), above. Employee shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. (d) Report from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as required. (e) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (f) Signatory Requirements. Signatory requirements for all industrial user reports shall be as stated under Sec. 26 -161 (e) of this Chapter. (g) Notice of Violation / Repeat Sampling and Reporting. If sampling performed by a user indicates a violation, the user must notify the Director within twenty -four (24) hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. If the Director has performed the sampling and analysis in lieu of the industrial user, the Director must perform the repeat sampling and analysis unless the user is notified of the violation and the Director requires the user to perform the repeat analysis. The user is not required to resample if the Director monitors at the user's facility at least once a month, or if the 34 616 of 703 Director samples between the user's initial sampling and when the user receives the results of this sampling. (h) Annual Certification by Non - Significant Categorical Industrial Users. An industrial user determined to be a non - significant categorical industrial user as defined in Sec. 26 -115 of this Chapter, must annually submit the following certification statement, signed in accordance with the signatory requirements of Paragraph (f) above. The certification must accompany any alternative report required by the City: "Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief that during the period from [month, day, year] to [month, day, year]: (1) The facility described as [industrial user name] met the definition of a non - significant categorical industrial user as defined in the City's Ordinance, Sec. 26 -115; (2) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and (3) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information: [documentation of basis to continue exemption]. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) See. 26 -158. Inspection and sampling. (a) The city, through its employees, is authorized to inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of their duties. The city, WWF, state DEP, and EPA shall have the right to set up on the user's property those devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, WWF, DEP, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities (also see Section 26 -168). Penalty, see Sec. 26 -177. (b) Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the requirements of 40 CFR Part 136, Chapter 62 -160, 35 617 of 703 F.A.C., and Rule 62- 625.600(6)(d) and (e), unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain appropriate sampling or analytical techniques for the pollutant in question, the laboratory, with approval of the industrial user, the City and FDEP, shall identify and propose a method for use in accordance with Rules 62- 160.300 and 62- 160330, F.A.C. (c) Sample Collection. Except as indicated in subsection (1) below, the user must collect wastewater samples using 24 -hour flow proportional composite collection techniques. In the event flow proportional sampling is not feasible, the Director may authorize, in writing, the use of time proportional sampling or a minimum of four (4) samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. The City shall require the number of grab samples necessary to assess and assure compliance by industrial users with the applicable pretreatment standards and requirements. Sample collection shall meet the requirements of Rule 62- 625.600(6)(c) -(f), F.A.C. (1) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab sample techniques. (2) All samples shall be representative of daily operations. Both daily maximum and average concentration (or mass, where required) shall be reported. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the industrial user shall submit documentation as required by the City or the applicable standards to determine compliance with the standard. (3) Samples shall be taken immediately downstream from pretreatment facilities, if such exist, or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the industrial user shall measure flows and concentrations necessary to allow use of the combined waste stream formula of Rule 62- 625.410(6), F.A.C., in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with Rule 62- 625.410(6), F.A.C., this adjusted limit, along with supporting data, shall be submitted to the City. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -159. Information and data to be made available. (a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency in accordance with applicable state statutes or federal law. All reports submitted to the city shall be signed by an authorized representative and contain the certification statement found in Section 26- 161(e) of this Chapter. 36 618 of 703 (b) Information and data obtained from reports, surveys, permit applications, permits, monitoring requirements, and inspection and sampling activities shall be made available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. (c) When requested and demonstrated by the user furnishing that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be made available to the public without restriction. A copy of the procedure for handling confidential information will be kept on file at the WWF. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Subdivision G. Waste Discharge Permits Sec. 26 -160. Special permit required; term. A special permit will be required for each Significant Industrial User, and all other Industrial Users identified as having other than domestic wastes or waste from sanitary conveniences at the discretion of the Utilities Director. The fixed life of a permit is set up to five years from date of issue, and a renewed waste discharge permit will have a fixed life of up to five years. These permits may involve the implementation of a formula for surcharge for wastes which exceed the sewage parameters for strength as set forth in Sections 26 -162 through 26 -165. Penalties, see Sec. 26 -177 (a) Wastewater Analysis. When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within sixty (60) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information. (b) Wastewater Discharge Permit Requirement. (1) No significant industrial user shall discharge wastewater into the WWF without first obtaining a wastewater discharge permit from the Director, except that a significant industrial user that has filed a timely application pursuant to section (c) of this section may continue to discharge for the time period specified therein. (2) The Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter. 37 619 of 703 (3) Any violation of the terms and conditions of a waste water discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Section 26 -177. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. (c) Wastewater Discharge Permitting: Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging waste water into the WWF prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within thirty (30) days after said date, apply to the Director for a wastewater discharge permit in accordance with Section 26 -161, and shall not cause or allow discharges to the WWF to continue after thirty (30) days the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the Director. (d) Wastewater Discharge Permitting: New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the WWF must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 26 -161, must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence. (e) Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire. (f) Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect against damage to the WWF. Wastewater discharge permits must contain: (1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed (5) five years. (2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City of Boynton Beach in accordance with paragraph (h) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (3) Effluent limits, including best management practices, based on applicable pretreatment standards; (4) Self- monitoring, sampling, reporting, notification, and record - keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; (5) Process for seeking a waiver for a pollutant neither present nor expected to be present in the 38 620 of 703 discharge in accordance with Rule 62- 625.600(4)(b), F.A.C., or a specific waived pollutant in the case of an individual control mechanism; (6) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. (7) Requirements to control slug discharges, if determined by the City to be necessary. Wastewater discharge permits may contain, but need not be limited to, the following conditions: (8) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; (9) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; (10) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non - routine discharges; (11) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the WWF; (12) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the WWF, (13) Requirements for installation and maintenance of inspection and sampling facilities and equipment; (14) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and (15) Other conditions as deemed appropriate by the Director to ensure compliance with the ordinance, and State and Federal laws, rules, and regulations. (g) Wastewater discharge permit modification. The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (1) To incorporate any new or revised Federal, State, or Local pretreatment standards or requirements. (2) To address significant alterations or additions to the users operation, process, or 39 621 of 703 wastewater volume or character since the time of wastewater discharge permit issuance; (3) A change in the WWF that requires either a temporary or permanent reduction or elimination of the authorized discharge; (4) Information indicating that the permitted discharge poses a threat to the City of Boynton Beach WWF, City personnel, or the receiving waters; (5) Violation of any terms or conditions of the wastewater discharge permit; (6) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; (7) Revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; (8) To correct typographical or others errors in the wastewater discharge permit; or (9) To reflect a transfer of the facility ownership to a new owner or operator. (h) Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which: (1) States that the new owner and /or operator has no immediate intent to change the facility's operations and processes; (2) Identifies the specific dates on which the transfer is to occur; and (3) Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. (i) Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 26 -161, a minimum of thirty (30) days prior to the expiration of the user's existing wastewater discharge permit. 0) Permit Revocation. The City may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons: 40 622 of 703 (1) A failure to notify the Director of significant changes to the wastewater prior to the changed discharge; (2) Failure to provide prior notification to the Director of changed conditions pursuant to Section 26 -157 (b) of this ordinance; (3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; (4) Falsifying self - monitoring reports and certification statements; (5) Tampering with monitoring equipment; (6) Refusing to allow the Director, or authorized personnel, timely access to the facility premises and records; (7) Failure to meet effluent limitations; (8) Failure to pay fines; (9) Failure to pay sewer charges; (10) Failure to meet compliance schedules; (11) Failure to complete a wastewater survey or the wastewater discharge permit application; (12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or (13) Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or this ordinance. Individual wastewater discharge permits shall be voidable upon nonuse, cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -161. Appflcation for permits; contents. (a) Contents of Application. All users required to obtain a wastewater discharge permit 41 623 of 703 must submit a permit application. The Director may require all users to submit as part of an application the following information: (1) All information required by Section 26 -156 and FAC 62- 625.600(1); (2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be discharged to the WWF; (3) Number and type of employees, hours of operation, and proposed or actual hours of operation; (4) Each product produced by type, amount, process or processes, and rate of production; (5) Type and amount of raw materials processed (average and maximum per day); (6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; (7) Time and duration of discharges; and (8) Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (b) This application will define all of the pertinent data concerning the acceptance of industrial and commercial waste flows and will provide the basis for the issuing of a permit certificate specifying limitations on what the user may discharge. The Permittee may appeal specific conditions of the permit for a period of 30 calendar days following the date of issuance. After this period, the Permittee waives all right to appeal the conditions of the permit. (c) The initial permit shall be effective for a period of up to five years from date of issuance and must be renewed annually by the applicant in order to continue that waste discharge. (d) An application for an initial permit shall be accompanied by a cashier's check for the first year's fees in the amount of $500 plus the City's monitoring costs as prescribed by 40 CFR 403. (1) Industrial and commercial waste discharge permit form. The form of permit for industrial and commercial wastes shall be as specified by the city. Specific provisions for continued acceptance by the city of the waste shall be attached to and made a part of the permit 42 624 of 703 to discharge. The city may prescribe those items as equalized flow discharge, prechlorination, or additional limitations on waste characteristics not adequately described in this ordinance or may prescribe pretreatment quality, requirements for the waste flow in detail. (2) Renewal of industrial and commercial waste discharge permit. The application for a renewed waste discharge permit shall be of a form specified by the city. (e) Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user, as defined in FAC 62- 625.600(11)and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (f) Wastewater discharge permit decisions. The Director will evaluate the date furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Director will determine whether or not to issue a wastewater discharge permit. The Director may deny any application for a wastewater discharge permit. (g) Administration of permits. (1) The administration of the industrial and commercial waste discharge permit program and the application of the surcharge formula imposes additional obligations of the cities. (2) The city, in addition to dete the waste flow volumes and analyzing the waste strengths for development of the surcharge, must also maintain an accurate record of the permit applications, permits, meter installation details, meter calibrations, and shall make available to each establishment the necessary renewal application forms. (Ord. No. 93 -8, § 2, 5- 18 -93; Am. Ord. No. 99 -21, § 1, 8 -3 -99) Subdivision H. User Charge and Industrial Cost Recovery System Sec. 26 -162. User charges; wholesale sewer rates; calculation of sewer surcharge. (a) There is imposed upon the owners or upon the users of each retail and wholesale customer served by the sewer system, a monthly user charge for the use thereof as follows: 43 625 of 703 (1) Sewer rates. A charge for waste resulting from human occupancy which shall include all of the following factors for the operation of the collection system and treatment of wastewater by the regional wastewater facility: a. Operation and maintenance; b. Debt service; c. Capital costs; d. System expansion; e. Others as applicable Consult the Water /Sewer Billing Department for the prevailing rates expressed as $ /1,000 gallons of water consumption. (2) Sewer surcharge. A surcharge for waste in excess of the parameters for strength established in the industrial and commercial waste ordinance, and set forth in Section 26- 162(b) which may be assessed to applicable customers. (b) Wholesale sewer rates. (1) This section is applicable to those wholesale customers which maintain their own wastewater collection systems. They shall be charged a flat rate per 1,000 gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each wholesale customer's individual wastewater collection system. (2) The metering device shall be satisfactory to the city and shall provide for a separate remote 30 -day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties. (3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of the meter, are and shall be, the wholesale customer's responsibility. The wholesale customer will provide to the city or its designated representative full details on the proposed meter installation and assurance that the installation will commence only upon the written authorization of the city. The city shall provide an authorization within ten (10) days after receipt by the city of the details of the above proposed meter installation. (4) The meter shall be read monthly by a duly authorized agent of the city, and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in meter readings, the city shall have the right to request that the meter be tested by an independent organization in accordance with standard practices. If the meter shall be found inaccurate or defective, the cost of the meter test shall be borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the city. 44 626 of 703 (5) In the event of extenuating circumstances, the Commission may, at its discretion, direct that sufficient proof other than the installation of a metering device may be acceptable to determine the quantity of wastewater discharge. (c) Calculation of sewer surcharge. (1) Calculation of the sewer surcharge shall be in accordance with the following: Parameter Percent of Effect on Costs Allowable Level of Sewage Strength BOD -5 41 400 mg/l (ppm) TSS 15 400 " " COD 41 80014 " Let: F =F1 +F2 Where: F = The factor to multiply the sewer rate for a surcharge due to excess strengths. FI = The strength factor for BOD -5 or COD, whichever is higher. F2 = The strength factor for TSS (total suspended solids) (2) The surcharge will be added to the sewer rate to develop the monthly cost per customer. As an example of sewer charge calculations utilizing sewer rate and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of 100,000 gallons; COD of 900 mg/l; BOD5 of 500 milligrams per liter; total suspended solids of 900 milligrams per liter; Prevailing monthly sewer rate is $1.52 per 1,000 gallons. i. Sewer rate: $1.52/1000 gallons (100,000 gallons /month)= $152 /month ii. Sewer surcharge calculation: F1= 0.41 (900-800) = 0.051 800 F2 = 0.15 90( 0 -400) = 0.188 400 F= 0.051 +0.188 =0.239 45 627 of 703 iii. Total monthly charge (sewer rate plus surcharge): $152 /month + $152 /month( 0.239) _ $188.33 (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99; Ord. 10 -002, § 2, 1- 19 -10) Sec. 26 -163. Application of surcharge over standard use fee. (a) A surcharge shall be applied over and above the standard sewer use fee when the wastes from any lot or parcel of land, upon which there is located any building or activity, contain B.O.D., C.O.D., ammonia, or suspended solids concentration higher than defined herein. (b) The surcharge in dollars shall be computed by the formulas included in this subchapter established for the user charge and industrial cost recovery system. Computation of surcharges will be based on effluent analyses at a frequency determined by the user's water consumption as follows: (1) Monthly effluent analyses for water usages at more than 100,000 gallons per month. (2) Semi annual effluent analyses for water consumption less than 100,000 gallons per month. Surcharges will remain in effect until a new effluent analysis is required or changed based on interim analyses by the user using a Certified Water Testing Laboratory at the user's expense. Sewer surcharges will constitute a new line item on the prevailing water /sewer bill prepared monthly per user of the system and subject to prevailing regulations /penalties for late or non- payments. Reimbursements of surcharge related monitoring expenses initiated by the City of Boynton Beach are required. (c) Nothing in this chapter shall restrict the city from making additional adjustments in rates if it is found that the nature or quantity of the waste creates an additional burden on the system or if those adjustments are necessary to comply with regulations of the State Department of Environmental Protection or the United States Environmental Protection Agency. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -164 Industrial cost recovery system. (a) At the discretion of the Director of the Public Utilities System, there is imposed upon all users of each industrially and commercially classified property served by the sewer system an annual cost recovery assessment. (b) The annual cost recovery is as follows: (1) SIU Industrial Permit Fee —$500 plus monitoring costs. 46 628 of 703 (2) Commercial/Industrial User Fee —$50 plus monitoring costs. Permit fees, commercial/industrial user fees and related monitoring costs reimbursements must be paid within 30 days of permit issuance or receipt of monitoring cost recovery notice. Commercialfindustrial user fees will be billed as a new line item on the prevailing water /sewer bill prorated over a period of 12 months, but billed monthly; a monthly payment of $4.17 will be added to the prevailing water /sewer bill. (c) SIU industrial permit fees and commercial/industrial user fees shall be prorated for existing permit holders and users upon enactment of this division. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -165. Review and amendment on annual basis. This subchapter shall be subject to review and revision on the minimum of an annual basis, and the city reserves the right to modify this subchapter or any parts thereof at any time or from time -to -time. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -166. Notice of violation; liability for expense, loss, or damage. (a) Any person found to be violating any provision of this subchapter shall be served by the city with written notice stating the nature of the violation. The person shall provide a written plan within 30 days for the satisfactory correction thereof. (b) The Director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this ordinance and shall be judicially enforceable. (c) Any person violating any of the provisions of the subchapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of that violation. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Subdivision L Administration Sec. 26 -167. Responsibility for treatment and disposal. 47 629 of 703 The WWF is responsible for the proper treatment and disposal of all waste that is proper to process through the regional treatment facilities, beginning at the point source. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -168. Right to enter premises and obtain information concerning discharges. (a) To the extent permitted by general law, the proper official and other duly authorized employees of the city or the WWF bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observations, measurement, sampling, and testing in accordance with the provisions of this chapter. The official or his or her representatives will not inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (b) To the extent permitted by general law, the proper official and other duly authorized employees of the city or the WWF bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within that easement. Penalty, see Sec. 26 -177 (c) If the Director or designee has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Director may seek issuance of an inspection warrant pursuant to Sections 933.21- 933.26, Florida Statutes, from the Palm Beach County Court. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -169 Suspension of wastewater treatment service; notice to stop discharge; failure to comply. (a) When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self - monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend 48 630 of 703 the deadline for compliance established by a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against or a prerequisite for, taking any other action against the user. (b) The city may suspend the wastewater treatment service to any user, including other local governments, when the suspension is necessary, in the opinion of the Utilities Director, in or DEP to stop an actual or threatened violation which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the WWF, caused the WWF to violate any condition of its NPDES permit, or causes the city to be in violation of any of its agreements with the WWF. (c) Any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the user to cause the user to voluntarily comply with the suspension or DEP, the city shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the city or WWF systems or endangerment to any individuals. The city may reinstate the wastewater treatment service upon proof of the elimination of the non - complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days from the date of the occurrence. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99; Ord. 10 -002, § 2, 1- 19 -10) Penalties, see Sec. 26 -177 49 631 of 703 Sec. 26 -170. Publication of users in significant violation. The city shall publish annually a list of the industrial users which, during the previous 12 months, were in "significant noncompliance" with applicable pretreatment standards and requirements as defined in Sec. 26 -115. Public notification shall be included in a newspaper(s) of general circulation within the jurisdiction served by the WWF that meets the requirements of Sections 50.011 and 50.013, F.S. (a) (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Subdivision J. Violations; remedies Sec. 26 -171. False statements of documents prohibited. No person shall knowingly make any false statements, representations, or certification in any application record, report, plan, or other document filed or required to be maintained pursuant to this division, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this division. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -172. Show cause hearing. (a) A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 26.142 of this chapter if it can prove that it did not know, or have reason to know, that its discharge alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (1) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or (2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City of Boynton Beach was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (b) Any user subject to enforcement action under the provisions of this division may request a hearing before the Utilities Director within ten days of receipt of notification or proposed enforcement action. A hearing is to be held by the Utilities Director concerning the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Utilities Director why the proposed enforcement 50 632 of 703 action should not be taken. (c) The Utilities Director may conduct the hearing and take the evidence, or, at the Utilities Director's sole discretion, may designate the City Attorney or an independent arbitrator to: (1) Issue, in the name of the city, notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in that hearing. (2) Take evidence and hear testimony (the strict rules of evidence shall not apply to any hearing). (3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendation to the Utilities Director or his or her designee for action thereon. (d) At any hearing held pursuant to this division, testimony taken must be under oath and recorded stenographically, with the costs thereof to be borne by the user. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. (e) After the Utilities Director or his or her designee has reviewed the evidence, he or she may issue an order to the user responsible for the noncompliance(s) stating that, following a 30- day time period to provide remediation of noncompliance(s), penalties as per Section 26 -177 will go into effect. Further orders as are necessary and appropriate may be issued. (f) The city shall also establish and assess against the user, appropriate surcharges or fees to reimburse the city for the additional cost of operation and maintenance of the wastewater treatment works due to the violation of this division. (g) Costs for conducting a show cause hearing shall be borne by the user requesting the hearing if the enforcement action is upheld. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99; Ord. 10 -002, § 2, 1- 19 -10) Sec. 26 -173. Legal action against use for appropriate relief. If any person discharges sewage, industrial wastes, or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the City Attorney may commence an action against the user for appropriate legal relief, in the appropriate court which has jurisdiction; and to the extent permitted by law, shall seek recovery of all city costs and expenses related to those actions against the user by the city. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) 51 633 of 703 Sec. 26 -174. Retention of records required. All users are required to retain and preserve for no less than three years, any records, books, documents, memoranda, reports, correspondence, documentation associated with best management practices, and any and all summaries thereto, relating to monitoring, sampling, waste hauling and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the WWF or the city pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Users shall make such records available for inspection and copying by the City and/or FDEP. All sampling and analysis activities shall be subject to the record - keeping requirements specified in Chapter 62 -160, F.A.C. (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99) Penalty, see Sec. 26 -177 Sec. 26 -175. Enforcement plan. An escalating enforcement strategy shall be used by the city to maintain compliance with this chapter. The various types of enforcement actions shall be used as determined by the Director and/or Code Enforcement Division and/or the City Attorney depending on the type or severity of the violation. A copy of the enforcement plan will be kept on file at the WWF. (Ord. No. 93 -8, § 2,5-18-93; Ord. No. 99 -21, § 1, 8 -3 -99) Sec. 26 -176. Remedies. (a) Prohibited Discharge Standards. A User shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in subsections 26 -142 of this title or the specific prohibitions in subsection 26 -142 (a) through 26- 142 (aa) if it can be proven that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (1) A local limit exists for each pollutant discharged and the User was in compliance with each limit directly prior to, and during, the pass through or interferences; or (2) No local limit exists, but the discharge did not change substantially in nature or constituents from the User's prior discharge when (the City) was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (3) Consent orders. The Director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct 52 634 of 703 the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this ordinance and shall be judicially enforceable. (b) Upset. (1) For the purposes of this section, "upset' means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements for paragraph (c), below are met. (3) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: a. An upset occurred and the user can identify the cause(s) of the upset; b. The facility was at the time being operated in a prudent and workman - like manner and in compliance with applicable operation and maintenance procedures; and c. The user has submitted the following information to the Director within 24 hours of becoming aware of the upset if this information is provided orally, a written submission must be provided within five days: i. A description of the indirect discharge and cause of noncompliance; ii. The period of noncompliance, including exact dates and time or, if not corrected; the anticipated time the noncompliance is expected to continue; and iii. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. d. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. e. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. f. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. 53 635 of 703 The requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (c) Bypass. (1) For the purpose of this section, a. "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility. b. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. (2) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (b)(3) and (4) of this section. (3) a. If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten days before the date of the bypass, if possible. b. A user shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. (4) a. Bypass is prohibited, and the Director may take an enforcement action against a user for a bypass, unless: i. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. ii. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back -up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and iii. The user submitted notices as required under paragraph (b)(3) of this section. b. The Director may approve an anticipated bypass, after considering its adverse 54 636 of 703 effects, if the Director determines that it will meet the three conditions listed in paragraph (b)(4)a. of this section. (Ord. No. 99 -21, § 1, 8 -3 -99) See. 26 -177. Penalties. Failure to comply with any Chapter 26 ordinances that relate to the actual and /or potential introduction of prohibited and/or restricted effluents into the sanitary sewer system requires penalties as mandated by federal law; e.g. Federal Pretreatment Regulations Section 403.8(f)(1)(vi)(A) requires penalties in at least the amount of $1,000.00 per day per violation which goes uncorrected. (a) Any user who is found to have violated an order of the city or who fails to comply with any provision of this chapter for which another penalty is not provided, and the orders, rules, and regulations issued hereunder, shall be penalized in at least the amount of $1,000 per day for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long -term average discharge limits, fines shall be assessed for each day during the period of violation. A lien against the user's property will be sought for unpaid charges, fines and penalties. In addition to the penalties provided herein, the city may recover all reasonable attorneys' fees, court costs, court reporters' fees, and other expenses of litigation by appropriate motions or suit at law against the user or person found to have violated this chapter or the orders, rules, regulations, and permit issued hereunder. (b) Penalties for continuing violations. Any person who shall continue any violation beyond the time limit provided for in Section 26- 166(a) shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding $5,000 for each offense. Each day in which any violation shall continue shall be deemed a separate offense. (c) Whoever violates Section 26 -171 shall, upon conviction, be punished by a fine in at least the amount of $1,000 or by imprisonment for not more than 60 days, or by both. (d) If sampling performed by a user indicates a violation, the user must notify the Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within 30 days after becoming award of the violation. The user is not required to resample if the Director monitors at the user's facility at least once a month or if the Director samples between the user's initial sampling and when the user receives the results of this sampling. (e) The remedies and penalties provided for in this chapter are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user. 55 637 of 703 (Ord. No. 93 -8, § 2, 5- 18 -93; Ord. No. 99 -21, § 1, 8 -3 -99; Ord. 10 -002, § 2, 1- 19 -10) Sees. 26 -178— 26 -204. Reserved. 56 638 of 703 13. C LEGAL December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Approve the new Enforcement Response Plan (ERP) which includes references, and associated enforcement, to changes made to Chapter 26 - Article IV — Sewers of the City's Code of Ordinances pursuant to Chapter 62 -625 of the Florida Administrative Code (FAC). EXPLANATION OF REQUEST: The Utility works in conjunction with the City of Delray and the South Central Regional Wastewater Treatment Plant ( SCRWWTP) to meet the requirements of chapter 62 -625 of FAC regarding our Industrial Pre - treatment Plan. Following changes made to the rule in May, 2010 and a subsequent Florida Department of Environmental Protection (FDEP) audit, Matthews Consulting revised the Sewer Use Ordinances (SUO) and received FDEP approval for their implementation. The first reading of these revisions occurred at the November 7, 2012 commission meeting; a second reading has been scheduled for the December 4, 2012 commission meeting. Matthews Consulting also created a new ERP to incorporate references to the aforementioned SUO changes and outline the associated enforcement (fines, etc.). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will ensure the City complies with the requirements of the FAC. FISCAL IMPACT: None ALTERNATIVES: None — the ERP incorporates references and enforcement related to the FAC mandated changes required for the SCRWWTP operating permit. 639 of 703 CITY OF BOYNTON BEACH INDUSTRIAL PRETREATMENT PROGRAM ENFORCEMENT RESPONSE PLAN 640 of 703 CITY OF BOYNTON BEACH, FLORIDA INDUSTRIAL PRETREATMENT PROGRAM ENFORCEMENT PLAN TABLE OF CONTENTS TITLE PAGE 1. Objectives 2 2. Enforcement Responses 2 3. Abbreviations 2 4. Using the Enforcement Guide 3 5. Legal Action 6 6. Surcharge Invoice 6 7. Notice of Violation 6 8. Consent Orders 6 9. Charges and Fees 6 10. Data Screening Procedures 7 11. Site Visits 8 12.Violation Enforcement Tracking 9 13. Inspection 9 14. Sampling 10 15. Show Cause Hearing 10 16.The City of Boynton Beach Enforcement Response Guide 12 17.Time Frame for Responses 30 18. Further Administrative /Legal Action 30 Page 1 of 30 641 of 703 1. Objectives: This Enforcement Response Guide has the following objectives: a. To define the range of appropriate enforcement actions based on the nature and severity of the violation and other relevant factors. b. To promote consistent and timely use of enforcement remedies on a strict liability basis. Strict liability in this context is taken to mean that every instance of noncompliance (regardless of fault, negligence, or intent on the part of the industrial user) is a violation of the Boynton Beach Code and subjects the user to enforcement. 2. Enforcement Responses: The implementation of a particular enforcement response should be determined by evaluating the following factors: a. The magnitude and duration of the violation. b. The effect of the violation on the Wastewater Facility (WWF), its workers and the quality of its reclaimed water and sludges. c. The compliance history and good faith rating of the industrial user concerned. 3. Abbreviations: CA -City Attorney (or his/her designee) DEP -The Florida Department of Environmental Protection EPA - United States Environmental Protection Agency IU - Industrial User F.A.0 Florida Administrative Code Fine - Monetary Penalty Assessed by the City of Boynton Beach IWP - Industrial Wastewater Permit NOV - Notification of Violation SNC - Significant Noncompliance SIU - Significant Industrial User WWF - Wastewater Facility Page 2 of 30 642 of 703 4. Using the Enforcement Response Guide: The following are actions that may be taken by the City to enforce the Pretreatment Ordinance and any applicable provisions of Federal or State Law (Rule 62 -625, F.A.C), or regulation regarding industrial discharges to the WWF. a. Descriptive Use: 1) Locate the type of noncompliance in column one, and identify the description of the violation in column two. 2) Assess the appropriateness of the recommended response(s) in column three. First offenders or users demonstrating good faith efforts may merit a more lenient response. Repeat offenders, or those demonstrating negligence may require a more stringent response. 3) Apply the enforcement response to the industrial user. Specify corrective action or other responses required of the industrial user, if any. Column four indicates the personnel authorized to take each response. If you cannot apply this response, refer it immediately to the person that can. 4) Follow up the response with escalated enforcement action if the industrial user's response is not received or violation continues. b. Severance of Service: The City may suspend the wastewater treatment service and /or a Discharge Permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the WWF or causes the City to violate any condition of the Discharge Permits. Any person notified of a suspension of the wastewater treatment service and /or the Discharge Permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize discharge to the WWF system or endangerment to any individuals. The City shall reinstate the Discharge Permit and /or wastewater treatment service upon proof of the elimination of the non- complying discharge. A detailed written statement submitted by the USER describing the causes of the harmful contributions and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen (15) days of the date of occurrence. Page 3 of 30 643 of 703 c. Revocation of Permit: Any user who violates the following conditions of this Ordinance, or applicable State or Federal regulation, is subject to having their permit revoked in accordance with the procedures of the Pretreatment Ordinance: 1) Failure of a user to report factually the wastewater constituents and characteristics of his discharge; 2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics; 3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or 4) Violation of conditions of the permit. 5) Discharging to the WWF any discharge that endangers public health or welfare, threatens the environment, or which threatens the operation of the WWF. d. Notification of Violation: Whenever the City finds that any user has violated or is violating the Pretreatment Ordinance, a Discharge Permit, or any prohibition or limitation of requirements contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within thirty (30) days of the date of notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user. e. Record of Conversation: Whenever the City finds that any user has filed an incomplete report, is less than fifteen days late in filing a report, or for other violations, the City may contact such user by telephone or informal site visit. In cases of repeat violations or when an initial visit does not result in adequate resolution of the violation, the user may be visited by higher authorities. A brief summary of conversations held concerning violations of user permits are to be placed in the user's file. f. Publication for Significant Noncompliance: If users are identified as being in SNC, then the POTW will comply with the publication requirements of Rule 62- 625.500(2)(b)(8), F.A.C. The City shall publish at least one time annually a list of the industrial users which, at any time during the previous twelve (12) months, were in "significant noncompliance" with applicable pretreatment standards and requirements. Public notification shall be included in a newspaper(s) of general circulation within the jurisdiction served by the Treatment Works that Page 4 of 30 644 of 703 meets the requirements of Section 50.011 and 50.013, F.S. (Florida Statute) For the purposes of this Enforcement Response Plan the definition of Significant Noncompliance is as follows. An industrial user is in significant noncompliance if its violation meets one of the following criteria: 1) Chronic violations of wastewater discharge limits, defined as those in which 66% or more of all the measurements taken during a six month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits. 2) Technical Review Criteria (TRC) violations, defined as those in which 33% or more of all measurements for each pollutant parameter taken during a six month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, grease and 1.2 for all other pollutants except pH). 3) Any other violation of a pretreatment standard or requirement (daily maximum, long -term average, instantaneous limit, or narrative standard) that the City determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of City, WWF personnel, or the general public). 4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the City or WWF exercising its emergency authority to halt or prevent such a discharge. 5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance. 6) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90 -day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules. 7) Failure to accurately report noncompliance. 8) Any other violation or group of violations, including a violation of the best management practices, which the City determines may cause interference or pass through or will adversely affect the operation or implementation of the City's pretreatment program. Page 5 of 30 645 of 703 5. Leaal Action: If any person discharges sewage, industrial wastes or other wastes into the wastewater disposal system contrary to the provisions of the Pretreatment Ordinance, Federal or State Pretreatment Requirements, or any order of the City, the City Attorney may commence an action for appropriate legal and/or equitable relief in the Circuit Court of Palm Beach County. 6. Surcharge Invoice: The City may establish a surcharge schedule for any user that is exceeding the limits of the following parameters: CBOD, COD, oil and grease, and TSS. The purpose of the surcharge is to recoup the additional expense to the WWF for removing these excess charges. The surcharge is based on a cost per pound discharged and is included in the user's IWP. 7. Notice of Ordinance Violation: If a violation is found during a site visit, a routine inspection, or any other visit, a notice of ordinance violation can be issued. The notice includes the specific nature of the violation and a time frame for correcting the violation. The notice is to be signed by the user and the inspector. Corrective actions in the notice of ordinance violation can include an order to cease and desist discharge if the violation discovered warrants immediate cessation of activities. 8. Consent Orders: If the City finds that alterations must be made in an industrial user's pretreatment facility, the City may issue an order to which the user shall consent in order to establish a compliance schedule. The consent order will include milestone dates to be met to bring the facility in compliance with the user's IWP. The user will be allowed to continue discharging to the WWF as long as the schedule for compliance, established in the consent order, is followed. Violations of the compliance schedule can result in the revocation of the user's permit and severance of service. 9. Charges and Fees: It is the purpose of this chapter to provide for the recovery of costs from users of the wastewater disposal system for the implementation and continued operation of the program established herein. These fees relate solely to the matters covered by the Pretreatment Ordinance and are separate from all other fees chargeable by the City. Charges and fees shall be for the recovery of actual costs of City labor, materials Page 6 of 30 646 of 703 and equipment (plus 25% overhead expenses and the invoiced charges by others for the above services). The City may adopt charges and fees which may include: a. Fees for reimbursement of costs of setting up and operating the City's Pretreatment Program. b. Fees for monitoring, inspections and surveillance procedures. c. Fees for reviewing accidental discharge procedures and construction. d. Fees for permit applications. e. Fees for filing appeals. f. Fees for consistent removal (by the City) of pollutants otherwise subject to Federal Pretreatment Standards. g. Other fees as the City may deem necessary to carry out the requirements contained herein. 10. Data Screening Procedures: A. Screening of City Monitoring Data: Laboratory analyses are performed by laboratories certified by the Florida Department of Health. Field Sheets are filed in order of sample collection date and summary sheets listing all sampling activities are generated on a monthly basis. All data shall be compared with pollutant limits, and all instances of noncompliance shall be immediately detected. Appropriate enforcement action will commence as required. Hard copies of all monitoring activities shall be retained in the file established for each user. B. Screening of Industrial Periodic Compliance Monitoring Data: All pretreatment correspondence arriving at the pretreatment office shall be opened and date stamped. Envelopes shall be retained to determine postage dates where required. Periodic compliance monitoring reports shall be addressed or hand delivered to the program administrator as required by the user's IWP. The program administrator shall review and assess the periodic compliance monitoring report of each industrial user within five days from its receipt at the pretreatment office. All instances of noncompliance shall be immediately detected. Copies of the printouts shall be retained in the user's file. Page 7 of 30 647 of 703 C. Screening of Telephone and Fax Data: Analytical data relayed to the pretreatment office shall be recorded and inserted in the user's file and shall include the name of the person taking the call, the name of the caller, the Industrial User, and the results. These record shall only be used for identifying the date and time of required noncompliance reporting by an industrial user. The date and time automatically on fax transmitted analytical data shall be used to record the receipt of a periodic compliance monitoring report or omitted data, provided that an original copy of the complete report is received not more than two (2) working days after the fax. This procedure may be used as a method of avoiding late reporting penalties by industrial users. No data received by telephone shall be accepted for compliance. 11. Site Visits: A. Response to Complaints: The sanitary sewer crews radio complaints when they encounter problems in the collections system that may be related to industrial users. The complaints include excessive grease in sewer lines or lift stations, suspected illegal connections, and suspected improper discharges. The IPP staff responds to these complaints and investigates for the source of any suspected discharge violations. The investigation may include consulting sewer line diagrams and tracking back to possible sources of the discharge. Other complaints may come from other users, agencies, or citizens. All complaints received are investigated as soon as possible. Complaint responses are documented on a complaint/emergency response report. Other documentation is also completed as needed. B. Site Visits — Non - permitted Users: 1) The program administrator maintains an Industrial Waste Program file to schedule periodic inspections on non - permitted users. These users include restaurants, garages, car washes and small laundries. The inspections include grease traps, oil water separators, and lint traps. The users are inspected for proper operation, maintenance and pumping of pretreatment devices. The City Ordinance recommends that all grease traps be pumped on a quarterly basis. 2) Copies of the inspection reports are maintained in files, and are reviewed by the program, administrator on a monthly basis. Violations detected during the site visits are documented. C. Site Visits — Permitted Users: Permitted industrial users are inspected prior to permit issuance or renewal. Site visits for permits are conducted using the Industrial Inspection Checklist and Report. Any violations noted during an inspection are also documented for review prior to the issuance of any permit or permit renewal. Page 8 of 30 648 of 703 12. Violation Enforcement Tracking: A. Violation Tracking File: The program administrator shall maintain a violation tracking file to track all enforcement action and violation responses. This file is checked at the beginning of each week to determine what user corrective actions are to be verified that week. As responses to violations and enforcement actions are received, the corresponding documentation is removed from the violation tracking file. If an adequate response to the violation is not received by the response due date, further enforcement action is initiated. Violations and enforcement actions that are tracked using the violation tracking file include but are not limited to the following: 1) Notices of Violation —A copy of all notices of violation that require a response from the user will be placed in the violation tracking file. If multiple due dates are listed on the NOV, a separate copy will be kept in the corresponding folders of the file. 2) Grease Trap Inspection Reports — If a user has been required to pump out a grease trap, a copy of the report is placed in the next week's file so that verification can be made that the trap was pumped. 3) Industrial Monitoring Site Visit Report — If a violation is detected during a user visit and a response due date is discussed with the user during the visit, a copy of the Site Visit Report is placed in the violation tracking files. 4) Surcharge Invoices — If a Surcharge Invoice is issued, a copy of the invoice is placed in the next month's folder so that follow -up can be made to verify that the user is paying the surcharge in a timely fashion and that the client is not questioning the surcharges. b. Publication File: Any time a user is found to be in significant noncompliance as outlined previously, a NOV shall be issued. A copy of the NOV will be placed in a file for publication. On a quarterly basis, the program administrator will review the publication file and users that are found to warrant publication will be published as outlined previously. 13. Inspection: a. Inspections will be used to identify problem areas and IU noncompliance. b. Noncompliance will be re- inspected within 1 to 90 days depending on the severity of the violation. Page 9 of 30 649 of 703 c. After identifying any problems, the delegated personnel will place the inspection report into the discharger's file. d. Any inspection problems will be documented and placed into a pending file which will be reviewed at a minimum of every 30 days or as needed. Any recommendations will be implemented. e. Inspections that are unscheduled will be on a case -by -case basis or as needed. f. Inspections will include: 1) A pre- inspection preparation. 2) Completion of an inspection form. 3) Data collection and accompanying documentation. 4) A post inspection evaluation. g. When the sampling results are received, a review for completeness and accuracy will be performed. Any enforcement action will be initiated. 14. Sampling: a. Samples will be collected according to the Department of Environmental Protection Standard Operating Procedures. b. A chain -of- custody form will be filled out for all samples. 15. Show Cause Hearing: a. The City may order any user who causes or allows an unauthorized discharge to enter the WWF to show cause before the City Commission or South Central Regional Wastewater Treatment and Disposal Board why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Commission or South Central Regional Wastewater Treatment and Disposal Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the City Commission or South Central Regional Wastewater Treatment and Disposal Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation. Page 10 of 30 650 of 703 b. The City Commission or South Central Regional Wastewater Treatment and Disposal Board may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the City to: 1) Issue in the name of the City Commission or South Central Regional Wastewater Treatment and Disposal Board notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings; 2) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Commission or South Central Regional Wastewater Treatment and Disposal Board for action thereon. 3) Take evidence. c. At any hearing held pursuant to the Industrial Pretreatment Ordinance, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. d. After the City Commission or South Central Regional Wastewater Treatment and Disposal Board has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a 30 -day time period to provide remediation of noncompliance(s), penalties as per the City's Ordinance will go into effect. Further orders and directives as are necessary and appropriate may be issued. Page 11 of 30 651 of 703 16. The City of Boynton Beach Enforcement Response Guide I. DISCHARGE LIMIT VIOLATIONS (NON -PERMITTED USER) COMPLOIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL SCHEDULE A. Exceedance of 1. I.U. is unaware of the Phone call, N.O.V. (no fine) and complete a E.I. local, state, or requirement; no harm to site survey to determine if a permit is federal system, workers, WWF or the warranted. standards for environment. SIU (Sections 26 -142 2. I.U. is unaware of the Site visit, give application for Permit. E.I. and 26 -148) requirement; however, harm N.O.V. (with fine) E.I. /D.DIR /DIR. $500/first 30 occurs to the system, workers, Further administrative /legal action /sewer D.DIR. /DIR. /O.C.A. days ;$200/ WWF, and /or the environment. severance addtl day 3. Failure to comply after notice Legal Action D.DIR. /DIR. /O.C.A. is given by WWF. Case by case enforcement including severity E.I. /D.DIR. /DIR. /O.C.A. and perception of intent. Minimum of N.O.V. 4. Discharge without a permit N.O.V. (with fine) and /or compliance E.I. /D.DIR /DIR. /O.C.A. $500/first 30 (due to failure to renew) schedule. And /or further administrative days; $200/ action. addtl da B. Exceedance of 1. I.U. is unaware of the Phone call, N.O.V. (no fine) and complete a E.I. local, state, or requirement; no harm to site survey to determine if a Permit is federal system, workers, WWF, or the warranted. standards for environment. other than SIU 2. I.U. is unaware of the Site visit, give application for Permit. E.I. (Sections 26 -142 requirement; however, harm N.O.V. (with fine) E.I. /D.DIR/DIR. $500 1first 30 and 26 -148) occurs to the system, workers, Further administrative /legal action /sewer D.DIR. /DIR. /O.C.A. days; $200/ WWF, and /or the environment. severance addtl day 3. Failure to comply after notice Legal Action E.I. /D.DIR. /DIR. /O.C.A. $500 /first 30 is given by WWF. Criminal Investigation days;$200/ Terminate Service addtl da PERSONNEL LEGEND 1. E.I.- Environmental Inspector Page 12 of 30 2. D. DIR.- Deputy Director of Public Utilities 3. DIR.- Director of Public Utilities 4. O.C.A.- Office of The City Attorney 652 of 703 16. The City of Boynton Beach Enforcement Response Guide I. DISCHARGE LIMIT VIOLATIONS (NON - PERMITTED USER) NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE C. Exceedance of 1. First occurrence during previous Phone call E.I. local, state, or 12 month period (not a slug federal load; no harm to system, standards for workers, WWF and/or the SIU, or non SIU, environment) including permits 2 Second occurrence during N.O.V. (no fine) E.I. (Sections 26 -142 previous 12 month period (not a and 26 -148) slug load; no harm to system, workers, WWF and/or the environment) 3. Third and any succeeding N.O.V. (with fine) and /or compliance E.I. /D.DIR. /DIR. /O.C.A. $500 /first 30 occurrence during previous 12 schedule; and /or further administrative days;$2001 month period (not a slug load; action addtl day no harm to system, workers, WWF and /or the environment) PERSONNELLEGEND 1. E.I.- Environmental Inspector Page 13 of 30 2. D. DIR.- Deputy Director of Public Utilities 3. DIR.- Director of Public Utilities 4. O.C.A. - Office of The City Attorney 653 of 703 16 The City of Boynton Beach Enforcement Response Guide (continued) II. DISCHARGE LIMIT VIOLATION BY PERMITTED USER NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE A. Exceedance of 1. First occurrence during previous Phone call E.I. local, state, or 12 month period (not a slug load; federal standards no harm to system, workers, for SIU, or non WWF and/or the environment) SIU, including permits 2. Second occurrence during N.O.V. (no fine) E.I. (Sections 26 -142 and previous 12 month period (not a 26 -148) slug load; no harm to system, workers, WWF and/or the environment) 3. Third and any succeeding N.O.V. (with fine) and /or compliance E.I. /D.DIR. /DIR. /O.C.A. $500 /first 30 occurrence during previous 12 schedule; and/or further administrative days;$200/ month period (not a slug load; no action addtl day harm to system, workers, WWF and /or the environment) B. Exceedance of 1. Any occurrence which harms Site visit E.I. local, state, or system, workers, WWF and/or N.O.V. (with fine) E.I. /D.DIR. /DIR. /O.C.A. $500 /first 30 federal standards the environment. Further administrative /legal action /sewer D.DIR. /DIR. /O.C.A. days;$200/ for SIU, or non severance addtl day SIU, including permits (Sections 26 -142 and 26 -148) PERSONNELLEGEND 1. E.I.- Environmental Inspector Page 14 of 30 2. D. DIR.- Deputy Director of Public Utilities 3. DIR.- Director of Public Utilities 4. O.C.A. - Office of The City Attorney 654 of 703 16. The City of Boynton Beach Enforcement Response Guide (continued) II. DISCHARGE LIMIT VIOLATION BY PERMITTED USER NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE D. Exceedance of 1. First occurrence during previous N.O.V. (no fine) E. 1. local, state, or 12 month period federal standards while on 2. Second and all succeeding N.O.V. (with fine). The fine is based E.I. /D.DIR. /DIR. /O.C.A. compliance occurrences upon the industrial discharge loading schedule and a percentage of the total fine (Section 26 -156) amount will be assessed for payment upon discovery of the violation, with the remaining fine(s) to be held in abeyance pending timely and successful compliance with the compliance schedule. E. Significant Non 1. Exceeds significant non Compliance compliance criteria for any 6 (Section 26 -170) month period a. Chronic Violations Publish in local newspaper E.I. /D.DIR. /DIR (66 %) D. Technical review Publish in local newspaper E.I. /D.DIR. /DIR criteria (33%) PERSONNELLEGEND 1. E.I.- Environmental Inspector 2. D. DIR.- Deputy Director of Public Utilities 3. DIR.- Director of Public Utilities 4. O.C.A. - Office of The City Attorney Page 15 of 30 655 of 703 16. The City of Boynton Beach Enforcement Response Guide (continued) III. SELF MONITORING AND REPORTING VIOLATIONS NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE A. Reporting Violation 1. First occurrence during previous Phone call on due date E.I. - monthly report 12 month period late A. Disregard for phone call Reminder letter — 5 days E.I. (Section 26 -157) B. Disregard for reminder letter N.O.V. (with fine) — 5 days E.I. /D.DIR. /DIR. $250 /first 30 C. Disregard for N.O.V. Further administrative /legal action E.I. /D.DIR. /DIR. /O.C.A. days;$100/ Note: addtl day All reports >45 days 2. Second occurrence during Reminder letter — 5 days E.I. late are considered previous 12 month period significant a. Disregard for reminder letter N.O.V. (with fine) E.I. /D.DIR. /DIR. $250 /first 30 noncompliance, and b. Disregard for N.O.V. Further administrative /legal action E.I. /D.DIR. /DIR. /O.C.A. days;$100/ a disregard for addtl day N.O.V. 3. Third and any succeeding N.O.V. (with fine) E.I. /D.DIR. /DIR. /O.C.A. $250 /first 30 occurrences during previous 12 days;$100/ month period addtl day a. Disregard for N.O.V. Further administrative/legal action. E.I. /D.DIR. /DIR. /O.C.A. B. Report improperly 1. First occurrence during previous Phone call E.I. signed or certified 12 month period (Section 26 -157) a. Disregard for phone call N.O.V. (no fine) E.I. b. Disregard for N.O.V. N.O.V. (with fine) E.I. /D.DIR. /DIR. $250 /first 30 c. Disregard for N.O.V. Further administrative /legal action E.I. /D.DIR. /DIR. /O.C.A. days;$100/ addtl day 2. Second occurrence during N.O.V. (no fine) E.I. previous 12 month period a. Disregard for N.O.V. N.O.V. (with fine) E.I. /D.DIR. /DIR. $250 /first 30 b. Disregard for N.O.V. Further administrative /legal action E.I. /D.DIR. /DIR. /O.C.A. days;$100/ addtl day 3. Third and any succeeding N.O.V. (with fine) E.I. /D.DIR. /DIR. /O.C.A. $250 /first 30 occurrences during previous 12 days;$100/ month period addtl day a. Disregard for N.O.V. Further administrative/legal action E.I. /D.DIR. /DIR. /O.C.A. PERSONNELLEGEND 1. E.I.- Environmental Inspector Page 16 of 30 2. D. DIR.- Deputy Director of Public Utilities 3. DIR.- Director of Public Utilities 4. O.C.A. - Office of The City Attorney 656 of 703 16. The City of Boynton Beach Enforcement Response Guide (continued) III. SELF MONITORING AND REPORTING VIOLATIONS (continued) NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE C. Failure to report 1. No harm to system, workers, Unannounced inspection E.I. process changes WWF, or the environment (Section 26 -157) 2. Potential created to harm system, Unannounced inspection and N.O.V. E.I. /D.DIR. /DIR. $250 /first 30 workers, WWF and /or the (with fine) days;$100/ environment addtl day 3. Harm to system, workers, WWF, Unannounced inspection and E.I. /D.DIR. /DIR. /O.C.A. and /or the environment Further administrative /legal action /sewer severance D. Failure to 1. Required documentation not Phone call on due date E.I. respond when submitted on due date required a. Disregard for phone call Final Notice 7 days past due date E.I. /D.DIR. (Sections 26 -153 and b. Disregard for Final Notice N.O.V. (with fine) E.I. /D.DIR. /DIR. $250 /first 30 26 -156) c. Disregard for N.O.V. Further administrative /legal E.I. /D.DIR. /DIR. /O.C.A. days;$100/ action /sewer severance addtl da E. Failure to monitor 1. First occurrence during previous Phone call E.I. all pollutants as 12 month period required by a. Disregard for phone call N.O.V. (no fine) E.I. Permit b. Disregard for N.O.V. N.O.V. (with fine) E.I. /D.DIR. /DIR. $250 /first 30 (Section 26 -157) c. Disregard for N.O.V. Further administrative /legal action E.I. /D.DIR. /DIR. /O.C.A. days;$100/ addtl day 2. Second occurrence during N.O.V. (no fine) E.I. previous 12 month period a. Disregard for N.O.V. N.O.V. (with fine) E.I. /D.DIR. /DIR. $250 /first 30 b. Disregard for N.O.V. Further administrative /legal action E.I. /D.DIR. /DIR. /O.C.A. days;$100/ addtl day 3. Third and all succeeding N.O.V. (with fine) E.I. /D.DIR. /DIR. $250 /first 30 occurrences during previous 12 days;$100/ month period addtl day a. Disregard for N.O.V. Further administrative/legal action. E.I. /D.DIR. /DIR. /O.C.A. PERSONNEL LEGEND 1. E.I.- Environmental Inspector Page 17 of 30 2. D. DIR.- Deputy Director of Public Utilities 3. DR.- Director of Public Utilities 4. O.C.A.- Office of The City Attorney 657 of 703 16. The City of Boynton Beach Enforcement Response Guide (continued) III. SELF MONITORING AND REPORTING VIOLATIONS (continued) NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE F. Failure to obtain 1. First occurrence during previous Phone call E.I. proper sample 12 month period type a. Disregard for phone call N.O.V. (no fine) E.I. (Section 26 -158) b. Disregard for N.O.V. N.O.V. (with fine) E.I. /D.DIR. /DIR. $350 /first 30 c. Disregard for N.O.V. Further administrative /legal action E.I. /D.DIR. /DIR. /O.C.A. days;$1001 addtl day 2. Second occurrence during N.O.V. (no fine) E.I. previous 12 month period a. Disregard for N.O.V. N.O.V. (with fine) E.I. /D.DIR. /DIR. $350 /first 30 b. Disregard for N.O.V. Further administrative /legal action E.I. /D.DIR. /DIR. /O.C.A. days;$1001 addtl day 3. Third and all succeeding N.O.V. (with fine) E.I. /D.DIR. /DIR. $350 /first 30 occurrences during previous 12 days;$1001 month period addtl day a. Disregard for N.O.V. Further administrative /legal action E.I. /D.DIR. /DIR. /O.C.A. G. Falsification of 1. Any data which is submitted Administrative /Legal Action/Sewer E.I. /D.DIR. /DIR. /O.C.A. data bearing an untruthful account of Severance (Section 26 -171) results or events H. Failure to report 1. First occurrence Phone call E.I. additional a. Disregard for phone call N.O.V. (no fine) E.I. monitoring b. Disregard for N.O.V. N.O.V. (with fine) E.I. /D.DIR. /DIR. $250 /first 30 (Section 26 -157) c. Disregard for N.O.V. Further administrative /legal action E.I. /D.DIR. /DIR. /O.C.A. days;$100/ addtl day I. Failure to install 1. First occurrence Phone call E.I. monitoring a. Disregard for phone call N.O.V. (no fine) E.I. equipment b. Disregard for N.O.V. N.O.V. (with fine) E.I. /D.DIR. /DIR. $350 /first 30 (Section 26 -158) c. Disregard for N.O.V. Further administrative /legal action E.I. /D.DIR. /DIR. /O.C.A. days;$100/ addtl da PERSONNELLEGEND 1. E.I.- Environmental Inspector Page 18 of 30 2. D. DIR.- Deputy Director of Public Utilities 3. DIR.- Director of Public Utilities 4. O.C.A.- Office of The City Attorney 658 of 703 16. The City of Boynton Beach Enforcement Response Guide (continued) IV. COMPLIANCE SCHEDULE VIOLATIONS NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE A. Missed milestone 1. Missed milestone is less than 90 N.O.V. (no fine) E.I. (no effect on final days late milestone) (Section 26 -156) 2. Missed milestone is greater than N.O.V. (with fine) /SNC publication E.I. /D.DIR. /DIR. /O.C.A. $250 /first 30 90 days late days;$100/ addtl day 3. Recurring violations of schedule. N.O.V. (with fine)/ Further E.I. /D.DIR. /DIR. /O.C.A. $250 /first 30 administrative /legal action/sewer severance days;$100/ addtl da B. Missed milestone 1. Missed milestone is less than 90 N.O.V. (no fine) E.S. /L.D. /P.C. (affecting the days late final milestone) (Section 26 -156) 2. Missed milestone is greater than N.O.V. (with fine) /SNC publication E.I. /D.DIR. /DIR. /O.C.A. $350 /first 30 90 days late days;$100/ addtl day 3. Recurring violations of schedule N.O.V. (with fine) E.I. /D.DIR. /DIR. /O.C.A. $350 /first 30 days; $100/ 4. Refusal to enter into a consent Further administrative /legal action /sewer D.DIR. /DIR. /O.C.A. addtl day order severance C. Failure to meet 1. Exceed final milestone deadline Permit revocations /sewer severance E.I. /D.DIR. /DIR. /O.C.A. compliance ( <30 days) schedule after final milestone 2. Continues to exceed final N.O.V. (with fine). The fine is based upon E.I. /D.DIR. /DIR. /O.C.A. date milestone deadline (>30 days) the industrial discharge loading and a (Section 26 -156) percentage of the total fine amount will be assessed for payment upon discovery of the violation, with the remaining fine(s) to be held in abeyance pending timely and successful compliance with the compliance schedule. Further administrative /legal action /sewer severance PERSONNELLEGEND 1. E.I.- Environmental Inspector Page 19 of 30 2. D. DIR.- Deputy Director of Public Utilities 3. DIR.- Director of Public Utilities 4. O.C.A. - Office of The City Attorney 659 of 703 16. The City of Boynton Beach Enforcement Response Guide (continued) V. VIOLATIONS DETECTED DURING SITE INSPECTIONS /VISITS NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE A. Facility Entry Entry Denied Leave area — consult O.C.A. E.I. /DIR. /O.C.A. Section 26 -168 B. Records Review Consent withdrawn to Leave area — consult O.C.A. E.I. /DIR. /O.C.A. (Section 26 -174) review /copy records C. Prohibited 1. No harm to system, workers, N.O.V. (no fine) with letter E. 1. materials /substa WWF and/or the nces discharged environment. to sanitary sewer system 2. Potential created to harm N.O.V. (with fine) E.I. /D.DIR. /DIR $500 /first 30 (Section 26 -142) system, workers, WWF days;$200/ and /or the environment addtl day 3. Harm to system, workers, Further administrative /legal action /sewer E.I. /D.DIR. /DIR. /O.C.A. WWF and /or the environment severance D. Sampling at 1. First occurrence Verbal Notice (Documented) E. 1. incorrect location (Section 26 -158) 2. Second occurrence N.O.V. (with fine) E.I. /D.DIR. /DIR $350 /first 30 days;$100/ 3. Third occurrence Further administrative /legal action /sewer E.I. /D.DIR. /DIR. /O.C.A addtl day severance E. Record Keeping 1. Records found to be N.O.V. (no fine), with letter E. 1. (Section 26 -159) incomplete N.O.V. (with fine), and /or E.I. /D.DIR. /DIR /O.C.A $350 /first 30 2. Recurring Further administrative /legal action /sewer days;$100/ severance addtl day PERSONNEL LEGEND 1. E.I.- Environmental Inspector 2. D. DIR.- Deputy Director of Public Utilities 3. DIR.- Director of Public Utilities page 20 of 30 4. O.C.A.- Office of The City Attorney 660 of 703 16. The City of Boynton Beach Enforcement Response Guide (continued) V. VIOLATIONS DETECTED DURING SITE INSPECTIONS /VISITS NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE F. Waste streams 1. Initial findings N.O.V. (no fine), with letter E.I. are diluted in lieu of treatment 2. Recurring N.O.V. (with fine), and /or E.I. /D.DIR. /DIR /O.C.A $500 /first 30 (Sections 26 -148 and Further administrative /legal action /sewer days;$200/ 26 -151) severance addtl day G. Failure to properly 1. No harm to system, workers, Phone call E.I. operate /maintain WWF and /or the environment pretreatment equipment results 2. Potential created to harm N.O.V. (with fine) E.I. /D.DIR. /DIR $500 /first 30 in: system, workers, WWF and /or days;$200/ (Section 26 -148) the environment addtl day 3. Harm to system, workers, Further administrative /legal action /sewer E.I. /D.DIR. /DIR /O.C.A WWF and /or the environment severance H. Failure to mitigate 1. No harm to system, workers, N.O.V. (with fine), further administrative E.I. noncompliance (or WWF and /or the environment action /sewer severance to halt discharge) (Section 26 -152) 2. Potential created to harm N.O.V. (with fine), further administrative E.I. /D.DIR. /DIR $500 /first 30 system, workers, WWF and /or action /sewer severance days;$200/ the environment addtl day 4. Harm to system, workers, N.O.V. (with fine) /SNC publication /further E.I. /D.DIR. /DIR /O.C.A $500 /first 30 WWF and /or the environment administrative action /sewer severance days;$200/ addtl day PERSONNELLEGEND 1. E.I: Environmental Inspector 2. D. DIR.- Deputy Director of Public Utilities 3. DIR.- Director of Public Utilities Page 21 of 30 4. O.C.A.- Office of The City Attorney 661 of 703 16. The City of Boynton Beach Enforcement Response Guide (continued) VI. OTHER VIOLATIONS NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE A. Depositing 1. Initial Findings Phone Call/ Verbal Warning E.I. Questionable Wastes on Public 2. Recurring (after one week of initial N.O.V. (no fine), with letter E.I. /D.DIR and Private findings) Property (Section 26 -119) 3. Disregard for N.O.V N.O.V. (with fine)/ further E.I. /D.DIR. /DIR/ $250/ first 30 administrative action/ sewer O.C.A days;$100 /addtl severance day B. Discharging into 1. Initial Findings Phone Call/ Verbal Warning E. 1. Natural Outlets (Section 26 -120) 2. Recurring (after one week of initial N.O.V. (no fine), with letter E.I. /D.DIR findings) 3. Disregard for N.O.V N.O.V. (with fine)/ further E.I. /D.DIR. /DIR/ $350/ first 30 administrative action/ sewer O.C.A days;$100 /addtl severance day C. Construction of a 1. Initial Findings Phone Call/ Verbal Warning E. 1. privy, septic tank of other facility 2. Recurring (after one week of initial N.O.V. (no fine), with letter E.I. /D.DIR (Section 26 -121) findings) 3. Disregard for N.O.V N.O.V. (with fine)/ further E.I. /D.DIR. /DIR/ $250 first 30 administrative action/ sewer O.C.A days;$100 /addtl severance day PERSONNELLEGEND 1. E.I.- Environmental Inspector 2. D. DIR.- Deputy Director of Public Utilities Page 22 of 30 3. DIR.- Director of Public Utilities S 4. O.C.A.- Office of The City Attorney 662 of 703 16. The City of Boynton Beach Enforcement Response Guide (continued) VI. OTHER VIOLATIONS NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE D. Installation of 1. Initial Findings Phone Call/ Verbal Warning E.I. Suitable Toilet Facilities 2. Recurring (after one week of initial N.O.V. (no fine), with letter E.I. /D.DIR (Section 26 -122) findings) 3. Disregard for N.O.V N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $350 first 30 action/ sewer severance O.C.A days;$100 /addtl day E. Prohibited 1. Initial Findings Phone Call/ Verbal Warning E. 1. Discharge into Storm Sewer 2. Recurring (after one week of initial N.O.V. (no fine), with letter E.I. /D.DIR System findings) (Section 26 -123) 3. Disregard for N.O.V N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $350 first 30 action/ sewer severance O.C.A days;$100 /addtl day F. Damaging or 1. Initial Findings Phone Call/ Verbal Warning E. 1. Tampering with Sewage Works 2. Recurring (after one week of initial N.O.V. (no fine), with letter E.I. /D.DIR (Section 26 -124) findings) 3. Disregard for N.O.V N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $350 first 30 action/ sewer severance O.C.A days;$100 /addtl da PERSONNELLEGEND 1. E.I.- Environmental Inspector 2. D. DIR.- Deputy Director of Public Utilities 3. DIR.- Director of Public Utilities Page 23 of 30 4. O.C.A.- Office of The City Attorney 663 of 703 16. The City of Boynton Beach Enforcement Response Guide (continued) VI. OTHER VIOLATIONS NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE G. Connecting 1. Initial Findings Phone Call/ Verbal Warning E.I. building sewer to private disposal 2. Recurring (after one week of N.O.V. (no fine), with letter E.I. /D.DIR system initial findings) (Section 26 -125) 3. Disregard for N.O.V N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $250 first 30 action/ sewer severance O.C.A days;$100 /addtl day H. Obtain Written 1. Initial Findings Phone Call/ Verbal Warning E.I. Permit for Private Sewage Disposal 2. Recurring (after one week of N.O.V. (no fine), with letter E.I. /D.DIR System initial findings) (Section 26 -126) 3. Disregard for N.O.V N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $350 first 30 action/ sewer severance O.C.A days;$100 /addtl day I. Connection of 1. Initial Findings Phone Call/ Verbal Warning E.I. private sewage disposal system 2. Recurring (after one week of N.O.V. (no fine), with letter E.I. /D.DIR to public sewer initial findings) (Section 26 -129) 3. Disregard for N.O.V N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $350 first 30 action/ sewer severance O.C.A days;$100 /addtl day PERSONNELLEGEND 1. E.I.- Environmental Inspector 2. D. DIR.- Deputy Director of Public Utilities 3. DIR.- Director of Public Utilities 4. O.C.A.- Office of The City Attorney Page 24 of 30 664 of 703 16. The City of Boynton Beach Enforcement Response Guide (continued) OTHER VIOLATIONS NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE J. Maintenance of 1. Initial Findings Phone Call/ Verbal Warning E.I. Private Sewage Disposal Facilities 2. Recurring (after one week of N.O.V. (no fine), with letter E.I. /D.DIR (Section 26 -130) initial findings) 3. Disregard for N.O.V N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $350 first 30 action/ sewer severance O.C.A days;$100 /addtl day K. Obtain Written 1. Initial Findings Phone Call/ Verbal Warning E.I. Permit for use of Public Sewer 2. Recurring (after one week of N.O.V. (no fine), with letter E.I. /D.DIR (Section 26 -131) initial findings) 3. Disregard for N.O.V N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $350 first 30 action/ sewer severance O.C.A days;$100 /addtl day L. Connection of 1. Initial Findings Phone Call/ Verbal Warning E.I. surface water runoff or 2. Recurring (after one week of N.O.V. (no fine), with letter E.I. /D.DIR groundwater to initial findings) Public Sewer (Section 26 -137) 3. Disregard for N.O.V N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $350 first 30 action/ sewer severance O.C.A days;$100 /addtl day PERSONNEL LEGEND 1. E.I.- Environmental Inspector 2. D. DIR.- Deputy Director of Public Utilities 3. DIR.- Director of Public Utilities 4. O.C.A.- Office of The City Attorney Page 25 of 30 665 of 703 16. The City of Boynton Beach Enforcement Response Guide (continued) VI. OTHER VIOLATIONS NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE M. Inspection of 1. Initial Findings Phone Call/ Verbal Warning E.I. connection to Public Sewer 2. Recurring (after one week of N.O.V. (no fine), with letter E.I. /D.DIR (Section 26 -138) initial findings) 3. Disregard for MOM N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $350 first 30 action/ sewer severance O.C.A days;$100 /addtl day N. Discharge of 4. Initial Findings Phone Call/ Verbal Warning E. 1. Stormwater and other Unpolluted 5. Recurring (after one week of N.O.V. (no fine), with letter E.I. /D.DIR Drainage into initial findings) Public Sewer (Section 26 -141) 6. Disregard for N.O.V N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $350 first 30 action/ sewer severance O.C.A days;$100 /addtl day O. Installation/ 1. Initial Findings Phone Call/ Verbal Warning E. 1. Maintenance of Interceptors 2. Recurring (after one week of N.O.V. (no fine), with letter E.I. /D.DIR (Section 26 -145) initial findings) 3. Disregard for N.O.V N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $350 first 30 action/ sewer severance O.C.A days;$100 /addtl day PERSONNELLEGEND 1. E.I.- Environmental Inspector 2. D. DIR.- Deputy Director of Public Utilities page 26 of 30 3. DIR.- Director of Public Utilities 4. O.C.A.- Office of The City Attorney 666 of 703 16. The City of Boynton Beach Enforcement Response Guide (continued) VI. OTHER VIOLATIONS NON COMPLIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL FEE SCHEDULE P. Maintaining 1. Initial Findings Phone Call/ Verbal Warning E.I. Flow- Equalizing Facilities and /or 2. Recurring (after one week of N.O.V. (no fine), with letter E.I. /D.DIR Interceptors for initial findings) Waste Pretreatment 3. Disregard for N.O.V N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $350 first 30 (Section 26 -146) action/ sewer severance O.C.A days;$100 /addtl day O. Admission of 1. Initial Findings Phone Call/ Verbal Warning E.I. Industrial and Commercial 2. Recurring (after one week of N.O.V. (no fine), with letter E.I. /D.DIR Waste initial findings) (Section 26 -147) 3. Disregard for N.O.V N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $350 first 30 action/ sewer severance O.C.A days;$100 /addtl day R. Require Notice 1. Initial Findings Phone Call/ Verbal Warning E.I. to Employees in event of 2. Recurring (after one week of N.O.V. (no fine), with letter E.I. /D.DIR dangerous initial findings) discharge (Section 26 -154) 3. Disregard for N.O.V N.O.V. (with fine)/ further administrative E.I. /D.DIR. /DIR/ $250 first 30 action/ sewer severance O.C.A days;$100 /addtl day PERSONNELLEGEND 1. E.I.- Environmental Inspector 2. D. DIR.- Deputy Director of Public Utilities Page 27 of 30 3. DIR.- Director of Public Utilities 4. O.C.A.- Office of The City Attorney 667 of 703 16 The City of Boynton Beach Enforcement Response Guide (continued) OTHER VIOLATIONS COMPLOIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL SCHEDULE S. Notification of 1. Initial Findings Phone Call/ Verbal Warning E.I. the discharge of hazardous 2. Recurring (after one week of initial N.O.V. (no fine), with letter E.I. /D.DIR waste findings) (Section 26 -155) 3. Disregard for N.O.V N.O.V. (with fine)/ further E.I. /D.DIR. /DIR/ $500 first 30 administrative action/ sewer O.C.A days;$200 /addtl severance day T. Wastewater 1. Initial Findings Phone Call/ Verbal Warning E.I. Discharge Permit 2. Recurring (after one week of initial N.O.V. (no fine), with letter E.I. /D.DIR Application and findings) Requirements (Sections 26 -160 3. Disregard for N.O.V N.O.V. (with fine)/ further E.I. /D.DIR. /DIR/ $250 first 30 and 26 -161) administrative action/ sewer O.C.A days;$100 /addtl severance day U. Suspension of 1. Initial Findings Phone Call/ Verbal Warning E.I. Wastewater Treatment; 2. Recurring (after one week of initial N.O.V. (no fine), with letter E.I. /D.DIR Notice to Stop findings) Discharge (Section 26 -169) 3. Disregard for N.O.V N.O.V. (with fine)/ further E.I. /D.DIR. /DIR/ $500 first 30 administrative action/ sower O.C.A days;$200 /addtl severance day PERSONNELLEGEND 1. E.I.- Environmental Inspector 2. D. DIR.- Deputy Director of Public Utilities Page 28 of 30 3. DIR.- Director of Public Utilities 4. O.C.A. - Office of The City Attorney 668 of 703 16. The City of Boynton Beach Enforcement Response Guide (continued) OTHER VIOLATIONS COMPLOIANCE NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL SCHEDULE V. Retention of 1. Initial Findings Phone Call/ Verbal Warning E.I. Required Records 2. Recurring (after one week of initial N.O.V. (no fine), with letter E.I. /D.DIR (Section 26 -174 findings) 3. Disregard for N.O.V N.O.V. (with fine)/ further E.I. /D.DIR. /DIR/ $250 first 30 administrative action/ sewer O.C.A days;$100 /addtl severance day PERSONNELLEGEND 1. E.I.- Environmental Inspector 2. D. DIR.- Deputy Director of Public Utilities page 29 of 30 3. DIR.- Director of Public Utilities 4. O.C.A. - Office of The City Attorney 669 of 703 17. Time Frame for Responses: 1. All violations will be identified and documented within five (5) days of receiving compliance information. 2. Initial enforcement responses [involving contact with the industrial user and requesting information on corrective or preventive action(s)] will occur within thirty (30) days of violation detection. 3. Follow -up actions for continuing or recurring violations will be taken within sixty (60) days of the initial enforcement response. For all continuing violations, the response will include a compliance schedule. 4. Violations which threaten health, property or environmental quality are considered emergencies and will receive immediate responses such as halting the discharge or terminating service. 5. All violations meeting the criteria for significant noncompliance will be addressed with an enforceable order within thirty (30) days of the identification of significant noncompliance. 18. Further Administrative / Legal Action: Administrative /Legal action may include, but shall not be limited to the following: 1. Petition for Federal or State enforcement as may be provided by applicable Federal or State laws to ensure compliance by industrial users of applicable pretreatment standards. 2. The City may file a petition in the Circuit Court of Palm Beach County or any other courts having jurisdiction, seeking the issuance of an injunction, damages, or other appropriate relief to enforce the provisions of this division or other applicable law or regulation. 3. The Director of Public Utilities reserves the right to assess fines on a case by case assessment. Suit may be brought to recover any and all damages suffered by the City as a result of any action or inaction of any user or other person who causes or suffers damage to occur to the WWF, or for any other expense, loss, or damage of any kind or nature suffered by the City. Page 30 of 30 670 of 703 13. D LEGAL December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Approval of ordinances amending Charter consistent with previous Commission direction: PROPOSED ORDINANCE NO. 12 -020 - FIRST READING - Adopt a revised City Charter to provide for the designation of Geographic Boundaries for each municipal voting district ninety (90) days after the 2020 census report and every ten (10) years thereafter; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; PROPOSED ORDINANCE NO. 12 -021 - FIRST READING -Amending the Charter to allow a City Commissioner to retaiin office for the balance of their term in the event a District boundary change results in the Commissioner no longer residing in their District; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; PROPOSED ORDINANCE NO. 12 -022 - FIRST READING - Amendments to current City Charter Section 19 regarding term limits; increasing the maximum number of three year terms from two to three for a total of nine years that a member of the Commission can serve consecutively; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; 671 of 703 PROPOSED ORDINANCE NO. 12 -023 - FIRST READING - Adopt a revised City Charter to provide for the renumbering, revisions to eliminate ineffective non - substantive language, correction of grammatical and punctuation errors, deletion of provisions which are susperseded or preempted by State law, and reorganized to consolidate related subject matters; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot. EXPLANATION OF REQUEST: The attached Ordinances, if adopted, will result in referendum election in March, 2013 at which time the electors will be asked to consider amending the Charter. The four Ordinances cover: residence at time of election; designation of geographic boundaries; three consecutive terms and housekeeping amendments. Each Ordinance contains a ballot title and description of the proposed amendment. The deadline for the City to submit ballot language to the Supervisor of Elections for the March, 2013 election is February 8, 2013 at noon. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Ordinance regarding boundaries reduces the number of studies from one every four years to once every ten years. FISCAL IMPACT: None ALTERNATIVES: Allow current Charter to continue without amendment; or Modify some or all of the proposed amendments 672 of 703 ORDINANCE NO. 12 -020 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY CHARTER TO PROVIDE FOR THE ADOPTION OF A REVISED CITY CHARTER; TO PROVIDE FOR THE DESIGNATION OF GEOGRAPHIC BOUNDARIES FOR EACH MUNICIPAL VOTING DISTRICT NINETY (90) DAYS AFTER THE 2020 CENSUS REPORT AND EVERY TEN (10) YEARS THEREAFTER; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH, 2013 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton Beach ( "City "); and, WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission through the adoption of an Ordinance calling for such a referendum election; and, WHEREAS, the City Commission previously authorized the establishment of a Charter Review Commission to engage in a comprehensive review of the City Charter; and, WHEREAS, the City Commission has publicly reviewed, considered, and directed that this Ordinance be prepared and that the appropriate Charter Referendum question be included herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing "Whereas" clause is hereby ratified as being true and correct and incorporated herein by this reference. SECTION 2. The City Charter is hereby revised to read as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE SECTION 3. The Ballot Title shall be as follows: 673 of 703 PROVIDE FOR DESIGNATION OF GEOGRAPHIC BOUNDARIES FOR VOTING DISTRICTS EVERY TEN YEARS SECTION 4. The following question shall be placed on the ballot for consideration by the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election in Palm Beach County, Florida. The election ballot question shall read as follows: The current City Charter provides for the designation of geographic boundaries for each voting district very four (4) years. Shall the Charter be amended to provide for the designation of geographic boundaries for voting districts commencing ninety (90) days after the issuance of the 2020 census report and every ten (10) years thereafter? YES NO SECTION 5. That should a majority of electors voting on the above - referenced referendum election vote "YES," thereby approving the above ballot issue the revised charter language shall become a part of the Charter of the City of Boynton Beach, Florida. SECTION 6. That the City Clerk is hereby directed to insure that the appropriate numbers and /or letters are affixed to the Articles and Sections of the Charter in order to conform the Charter to the amendments if approved. SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein in accordance with the State of Florida Election Code, as well as the City's Charter and Code of Ordinances. SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are repealed to the extent of such conflict. SECTION 9. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance. SECTION 10. This Ordinance shall become effective immediately upon its passage and adoption. SECTION 11. Effective Date of Proposed Charter Amendments The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the March, 2013 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS 4" DAY OF , 2012. SECOND, FINAL READING AND PASSAGE THIS DAY OF , 2012. CITY OF BOYNTON BEACH, FLORIDA 674 of 703 Mayor — Woodrow L. Hay Vice Mayor — Mack McCray Commissioner — Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC, City Clerk (Corporate Seal) S:ACA \Ordinances \Ordinance - Charter Amendment (Designation of Geographic Boundaries)FINAL.doc 675 of 703 EXHIBIT "A" Section 17. Composition, election, terms, vacancies. 676 of 703 ORDINANCE NO. 12 -021 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY CHARTER; AMENDING THE CHARTER TO ALLOW A CITY COMMISSIONER TO RETAIN OFFICE FOR THE BALANCE OF THEIR TERM IN THE EVENT A DISTRICT BOUNDARY CHANGE RESULTS IN THE COMMISSIONER NO LONGER RESIDING IN THEIR DISTRICT; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH, 2013 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton Beach ( "City "); and, WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission through the adoption of an Ordinance calling for such a referendum election; and, WHEREAS, the City Commission previously authorized the establishment of a Charter Review Commission to engage in a comprehensive review of the City Charter; and, WHEREAS, the City Commission has publicly reviewed, considered, and directed that this Ordinance be prepared and that the appropriate Charter Referendum question be included herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing "Whereas" clause is hereby ratified as being true and correct and incorporated herein by this reference. SECTION 2. The City Charter is hereby revised to read as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE SECTION 3. The Ballot Title shall be as follows: 677 of 703 CANDIDATES FOR MUNICIPAL OFFICE SHALL RESIDE IN THE DISTRICT FOR WHICH THEY ARE SEEKING OFFICE SECTION 4. The following question shall be placed on the ballot for consideration by the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election in Palm Beach County, Florida. The election ballot question shall read as follows: A Commissioner must reside in their district at the time of their election. The Charter makes no provision addressing a change in boundaries of districts. Shall the Charter be amended to provide that a member of the Commission be permitted to retain office until the end of their term if a boundary change results in the Commissioner no longer being a resident of the district to which they were elected? YES NO SECTION 5. That should a majority of electors voting on the above - referenced referendum election vote "YES," thereby approving the above ballot issue the revised charter language shall become a part of the Charter of the City of Boynton Beach, Florida. SECTION 6. That the City Clerk is hereby directed to insure that the appropriate numbers and /or letters are affixed to the Articles and Sections of the Charter in order to conform the Charter to the amendments if approved. SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein in accordance with the State of Florida Election Code, as well as the City's Charter and Code of Ordinances. SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are repealed to the extent of such conflict. SECTION 9. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance. SECTION 10. This Ordinance shall become effective immediately upon its passage and adoption. SECTION 11. Effective Date of Proposed Charter Amendments The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the March, 2013 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS 4" DAY OF DECEMBER 2012. SECOND, FINAL READING AND PASSAGE THIS DAY OF 2012. 678 of 703 CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — Mack McCray Commissioner - Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC, City Clerk (Corporate Seal) S:ACA \Ordinances \Ordinance - Charter Amendment (Residence at time of Election)FINAL.doc 679 of 703 EXHIBIT "A" Sec. 17. Composition, election, terms, vacancies. (a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the City of Boynton Beach and have resided within the City for a period of not less than one (1) year prior to filing for office, and who shall have attained the age of twenty -one (21) years on or before the date the candidate files and qualifies for office. The Mayor of the City of Boynton Beach may reside in any of the four (4) election districts and shall be elected by a city -wide vote. (b) There shall be a City Commission of four (4) members elected from each of the four (4) election districts within the City, and a Mayor who is elected by a city -wide vote. Each City Commissioner and each candidate for City Commissioner shall reside in the election district from which he or she is (to be) elected at the time of the election A candidate for a Commission district seat must reside, for a period of not less than one (1) year prior to filing for election, in the district from which the candidate seeks election. Voters shall vote for only one (1) candidate in each election district in which the voter resides, and one (1) candidate for Mayor. (c) Qualifications for City Commissioners. Only qualified electors who have resided in the City of Boynton Beach for at least one (1) year immediately prior to the election and who shall have attained the age of twenty -one (21) years on or before the date the candidate files and qualifies as a candidate for office shall be eligible to hold the office of City Commissioner. Each Commissioner and each candidate for Commissioner shall be elected from the election district in which he or she resides, subject to the 35% rule and runoff procedures set forth in Section 139 of the City Charter. Once elected, a Commissioner from an election district shall remain a resident of the election district and the City of Boynton Beach during his /her term of office or shall forfeit his /her office. (d) Except as the result of a boundary change of a district, the failure of a City Commissioner to continue to reside within the district from which elected, or the Mayor within the City, shall cause said City Commissioner or Mayor to automatically forfeit his /her office. The tender of a resignation from any elective office shall immediately create a vacancy in that office. Upon automatic forfeiture or the tender of any resignation, the remaining members of the City Commission shall declare the office vacant and proceed to fill the vacancy as herein otherwise provided, so long as the individual selected to fill the vacancy has resided in the same district from which the original Commissioner resided for a period of not less than one (1) year. (e) Any City Commissioner who ceases to possess the qualifications required by this Charter, or is otherwise removed from office by lawful means, shall forfeit office, and it shall be the duty of the remaining members of the City Commission to declare the office vacant and proceed to fill the vacancy as herein otherwise provided. (f) Commencing with the regular City election in March 2001, candidates for City Commissioner shall file with the City Clerk a written notice of candidacy, designating which of the four (4) Commission districts of the City Commission the candidates intend to fill. (g) 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, 680 of 703 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. In the event no candidate qualifies for election for any designated election district seats, then a special qualifying period shall be opened for five (5) calendar days after the close of the regular qualifying period and anyone from anywhere within the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a vacancy shall be declared and filled in accordance with this Charter. 681 of 703 ORDINANCE NO. 12 -022 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA SUBMITTING TO REFERENDUM AMENDMENTS TO CURRENT CITY CHARTER SECTION 19 REGARDING TERM LIMITS; INCREASING THE MAXIMUM NUMBER OF THREE YEAR TERMS FROM TWO TO THREE FOR A TOTAL OF NINE YEARS THAT A MEMBER OF THE COMMISSION CAN SERVE CONSECUTIVELY; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT T H I S ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH, 2013 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; AUTHORIZING RENUMBERING OF CHARTER SECTION 19; PROVIDING FOR CONFLICTS, SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton Beach ( "City "); and, WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission through the adoption of an Ordinance calling for such a referendum election; and, WHEREAS, the City Commission previously authorized the establishment of a Charter Review Commission to engage in a comprehensive review of the City Charter; and, WHEREAS, the City Commission has publicly reviewed, considered, and directed that this Ordinance be prepared and that the appropriate Charter Referendum question be included herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing "Whereas" clause is hereby ratified as being true and correct and incorporated herein by this reference. SECTION 2. The City Charter is hereby revised to read as follows: Sec. 19. Terms of elective offices. (a) All elective offices shall be for the term of three (3) years and no person shall be eligible to hold any elective office or onibi a i of office for more than nine years or three 682 of 703 QL4 consecutive terms. For purposes of this section, elective office shall include both mayor and commission member. (b) The resignation from, or forfeiture of, an elective office during any part of a three (3) year elective term shall be deemed to constitute a full and complete term under the provisions of this section. SECTION 3. The Ballot Title shall be as follows: AMENDING CHARTER TO PROVIDE FOR CITY COMMISSION TERM LIMITS OF THREE CONSECUTIVE THREE YEAR TERMS SECTION 4. The following question shall be placed on the ballot for consideration by the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election in Palm Beach County, Florida. The election ballot question shall read as follows: Members of the City Commission (Mayor or Commissioner) are now limited to two (2) three -year consecutive terms. Should the Charter be amended to allow for three (3) three -year consecutive terms? YES NO SECTION 5. That should a majority of electors voting on the above - referenced referendum election vote "YES," thereby approving the above ballot issue the revised charter language shall become a part of the Charter of the City of Boynton Beach, Florida. SECTION 6. That the City Clerk is hereby directed to insure that the appropriate numbers and /or letters are affixed to the Articles and Sections of the Charter in order to conform the Charter to the amendments if approved. SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein in accordance with the State of Florida Election Code, as well as the City's Charter and Code of Ordinances. SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are repealed to the extent of such conflict. SECTION 9. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance. SECTION 10. This Ordinance shall become effective immediately upon its passage and adoption. SECTION 11. Effective Date of Proposed Charter Amendments The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the March, 2013 election in the City of Boynton Beach. 683 of 703 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS 4 DAY OF DECEMBER, 2012. SECOND, FINAL READING AND PASSAGE THIS DAY OF 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — Mack McCray Commissioner - Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC, City Clerk (Corporate Seal) S:ACA \Ordinances \Ordinance - Charter Amendment (Three Consecutive Terms)FINAL.doc 684 of 703 ORDINANCE NO. 12 -023 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY CHARTER TO PROVIDE FOR THE ADOPTION OF A REVISED CITY CHARTER; TO PROVIDE FOR RENUMBERING, REVISIONS TO ELIMINATE INEFFECTIVE NON - SUBSTANTIVE LANGUAGE, CORRECTION OF GRAMMATICAL AND PUNCTUATION ERRORS, DELETION OF PROVISIONS WHICH ARE SUPERSEDED OR PREEMPTED BY STATE LAW, AND REORGANIZED TO CONSOLIDATE RELATED SUBJECT MATTERS; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH, 2013 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton Beach ( "City "); and, WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission through the adoption of an Ordinance calling for such a referendum election; and, WHEREAS, the City Commission previously authorized the establishment of a Charter Review Commission to engage in a comprehensive review of the City Charter; and, WHEREAS, the City Commission has publicly reviewed, considered, and directed that this Ordinance be prepared and that the appropriate Charter Referendum question be included herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing "Whereas" clause is hereby ratified as being true and correct and incorporated herein by this reference. SECTION 2. The City Charter is hereby revised to read as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE 685 of 703 SECTION 3. The Ballot Title shall be as follows: ADOPT REVISED CHARTER TO DELETE OBSOLETE CHARTER PROVISIONS AND PROVIDE FOR NON - SUBSTANITVE CHANGES SECTION 4. The following question shall be placed on the ballot for consideration by the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election in Palm Beach County, Florida. The election ballot question shall read as follows: Shall the Charter be renumbered and revised to eliminate ineffective language, fix grammatical errors, delete provisions which are superseded or preempted by state law, and reorganized to consolidate related subject matters? YES NO SECTION 5. That should a majority of electors voting on the above - referenced referendum election vote "YES," thereby approving the above ballot issue the revised charter language shall become a part of the Charter of the City of Boynton Beach, Florida. SECTION 6. That the City Clerk is hereby directed to insure that the appropriate numbers and /or letters are affixed to the Articles and Sections of the Charter in order to conform the Charter to the amendments if approved. SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein in accordance with the State of Florida Election Code, as well as the City's Charter and Code of Ordinances. SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are repealed to the extent of such conflict. SECTION 9. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance. SECTION 10. This Ordinance shall become effective immediately upon its passage and adoption. SECTION 11. Effective Date of Proposed Charter Amendments The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the March, 2013 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS 4 DAY OF DECEMBER, 2012. SECOND, FINAL READING AND PASSAGE this DAY OF 2012. 686 of 703 CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — Mack McCray Commissioner - Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC, City Clerk (Corporate Seal) H:A GOV CLIENTS\BB 306\ 900182 GM \ORD \Ordinance - Charter Housekeeping Amendments (2012)FINAL.doc 687 of 703 r Sec. 1. Establishment of new-municipality. The Municipality to be known and designated as the City of Boynton Beach is hereby established, organized and constituted in the County of Palm Beach, State of Florida, and the inhabitants of the City of Boynton Beach, Florida, within the boundaries hereinafter described and designated or within such boundaries as may hereinafter be established, is hereby created, organized and established, and shall continue to be a body politic and corporate under the name of the City of Boynton Beach, and as such shall have perpetual succession, may use a common seal, may contract and be contracted with, and may sue and be sued, plead and be impleaded in all the courts of this state and in all matters whatsoever. Sec. 24. When Commissioners and Mayor are to assume office. The Commissioners and Mayor who are elected in elections held in March of any year, shall assume office on the first regular or special city commission meeting following certification of their election results. Once all newly elected officials have taken office the Commission shall organize in accordance with the provisions of ,� - te 4. - n this Charter and shall then proceed to select the officers and employees, designated in 4e -44- ` -this Charter. 688 of 703 n , Sec. 1. Establishment of new-municipality. The Municipality to be known and designated as the City of Boynton Beach is hereby established, organized and constituted in the County of Palm Beach, State of Florida, and the inhabitants of the City of Boynton Beach, Florida, within the boundaries hereinafter described and designated or within such boundaries as may hereinafter be established, is hereby created, organized and established, and shall continue to be a body politic and corporate under the name of the City of Boynton Beach, and as such shall have perpetual succession, may use a common seal, may contract and be contracted with, and may sue and be sued, plead and be impleaded in all the courts of this state and in all matters whatsoever. Sec. 24. When Commissioners and Mayor are to assume office. The Commissioners and Mayor who are elected in elections held in March of any year, shall assume office on the first regular or special city commission meeting following certification of their election results. Once all newly elected officials have taken office the Commission shall organize in accordance with the provisions of ,� - te 4. - n this Charter and shall then proceed to select the officers and employees, designated in 4e -44- ` -this Charter. 688 of 703 , Sec. 1. Establishment of new-municipality. The Municipality to be known and designated as the City of Boynton Beach is hereby established, organized and constituted in the County of Palm Beach, State of Florida, and the inhabitants of the City of Boynton Beach, Florida, within the boundaries hereinafter described and designated or within such boundaries as may hereinafter be established, is hereby created, organized and established, and shall continue to be a body politic and corporate under the name of the City of Boynton Beach, and as such shall have perpetual succession, may use a common seal, may contract and be contracted with, and may sue and be sued, plead and be impleaded in all the courts of this state and in all matters whatsoever. Sec. 24. When Commissioners and Mayor are to assume office. The Commissioners and Mayor who are elected in elections held in March of any year, shall assume office on the first regular or special city commission meeting following certification of their election results. Once all newly elected officials have taken office the Commission shall organize in accordance with the provisions of ,� - te 4. - n this Charter and shall then proceed to select the officers and employees, designated in 4e -44- ` -this Charter. 688 of 703 Sec. 34-7. Composition, election, terms, vacancies. * (a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the City of Boynton Beach and have resided within the City for a period of not less than one (1) year prior to filing for office, and who shall have attained the age of twenty -one (21) years on or before the date the candidate files and qualifies for office. The Mayor of the City of Boynton Beach may reside in any of the four (4) election districts and shall be elected by a city -wide vote. (b) There shall be a City Commission of four (4) members elected from each of the four (4) election districts within the City, and a Mayor who is elected by a city -wide vote. Each City Commissioner and each candidate for City Commissioner shall reside in the election district from which he or she is (to be) elected. A candidate for a Commission district seat must reside, for a period of not less than one (1) year prior to filing for election, in the district from which the candidate seeks election. Voters shall vote for only one (1) candidate in each election district in which the voter resides, and one (1) candidate for Mayor. (c) Qualifications for City Commissioners. Only qualified electors who have resided in the City of Boynton Beach for at least one (1) year immediately prior to the election and who shall have attained the age of twenty -one (21) years on or before the date the candidate files and qualifies as a candidate for office shall be eligible to hold the office of City Commis - sioner. Each Commissioner and each candidate for Commissioner shall be elected from the election district in which he or she resides, subject to the 35% rule and runoff procedures set forth in 4k*� —x this City Charter. Once elected, a Commissioner from an election district shall remain a resident of the election district and the City of Boynton Beach during his /her term of office or shall forfeit his /her office. (d) The failure of a City Commissioner to continue to reside within the district from which elected, or the Mayor within the City, shall cause said City Commissioner or Mayor to automatically forfeit his /her office. The tender of a resignation from any elective office shall immediately create a vacancy in that office. Upon automatic forfeiture or the tender of any resignation, the remaining members of the City Commission shall declare the office vacant and proceed to fill the vacancy as herein otherwise provided, so long as the individual selected to fill the vacancy has resided in the same district from which the original Commissioner resided for a period of not less than one (1) year. (e) Any City Commissioner who ceases to possess the qualifications required by this Charter, or is otherwise removed from office by lawful means, shall forfeit office, and it shall be the duty of the remaining members of the City Commission to declare the office vacant and proceed to fill the vacancy as herein otherwise provided. ( f) C andidates for City Commissioner shall file with the City Clerk a written notice of candidacy, designating which of the four (4) Commission districts of the City Commission the candidates intend to fill. 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. In the event no candidate qualifies for election for any designated election district seats, then a special qualifying period shall be opened for five (5) calendar days after the close of the regular qualifying period and anyone from anywhere within the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a vacancy shall be declared and filled in accordance with this Charter. Sec. 4 4. Judges of own qualifications, rules of procedure; expulsion of members; quorum; fines and penalties. Sec. 544. Terms of elective offices. * (a) All elective offices shall be for the term of three (3) years and no person shall be eligible to hold any elective office for more than two (2) consecutive terms. For purposes of this section, elective office shall include both mayor and commission member. (b) The resignation from, or forfeiture of, an elective office during any part of a three (3) year elective term shall be deemed to constitute a full and complete term under the provisions of this section. Sec. 624. Filling vacancy on City Commission. In the event of a vacancy occurring in the members of the City Commission, except at the close of a regular term, it shall be the duty of the remaining members at the next regular meeting, or as soon thereafter as possible, following the declaration of such vacancy, to appoint a duly qualified citizen to fill said vacancy until the next municipal election, at which time the balance of the original members term shall be filled by election. In no event shall an appointment or election alter the term of the district seat. Municipal election shall mean the election held on the first Tuesday in November of the calendar year. If a majority of said remaining members are unable to agree upon the selection of a Commissioner to fill said vacancy after two (2) regular meetings have been held, the City Commission shall call a special election for that purpose. Sec. 724. Authority to contract; execution; attestation and seal. The Commission shall have the power to enter into contracts on behalf of the City All contracts shall � , ti a� be attested by the City Clerk with the seal of the City *efeu*t-&-affixed thereto Sec. 824. Frequency, date of regular meetings; special meetings; rules of procedure. 690 of 703 (a) The Commission shall hold its meeting as the Corn mission darns necessar . & � Should any scheduled City Commission meeting fall upon a date on which any J national, state, county or municipal election is held, said City Commission meeting should be deferred until the next regular working day. (b) The Mayor, or any three members of the City Commission may call special meetings of the City Commission, upon written notice to each member served personally or left at the usual place of residence. All regular and special meetings of the City Commission shall be open to the public. The City Commission shall determine its own rules and order of business. Sec. 924. Mayor, Vice Mayor; election, procedure. At the first regular or special meeting of the City Commission immediately following an election, the Vice -Mayor of the City shall be selected by a vote of the Mayor and Commission. The Vice -Mayor of the City shall serve in such capacity for a period of one year until the next general election of a member of the commission. In the event, of a vacancy in the office of Mayor, the Vice -Mayor shall automatically assume the duties of said office until a successor Mayor is elected as provided herein. If, for any reason, there shall be a vacancy in the office of Mayor, a special election shall be held within sixty (60) days of the date of said vacancy, provided that should said vacancy occur within one hundred (100) days of a regularly scheduled general election, no such special election shall be held and the Mayor, or successor Mayor, shall be elected at the general election. Upon the election of a successor Mayor, the Vice -Mayor shall reassume his duties as Vice -Mayor and the successor Mayor shall serve for the remainder of the term of the originally duly elected Mayor. In the event of a vacancy in the office of Vice - Mayor, the vacancy on the City Commission shall be filled by the Commission in the manner herein otherwise provided, and a successor Vice -Mayor shall be elected by a vote of the Mayor and City Commission. Sec. 1:. Duties, powers, privileges of Mayor. The Mayor shall preside at all meetings of the City Commission and perform such other duties consistent with his or her office as may be imposed by the City Commission, and he or she shall have a voice and a vote in the proceedings of the City Commission, but no veto power. He or she may use the title of Mayor when executing legal instruments of writing or when required by necessity, arising from the General Laws of the State, but this shall not be considered as conferring upon him or her the administrative or judicial functions of a Mayor under the General Laws of the State. He or she shall be considered as the official head of the City for ceremonial purposes, and shall be so recognized by the courts for the purpose of serving civil processes, and by the Government in the exercise of military law. In the absence or disqualification of the Mayor, the other members of the City Commission shall select one of their members to perform his or her duties. This selection shall be made in accordance with the provisions of this Charter with res c.tt th �� ' "gin election of a Mayor. The Mayor shall sign all deeds, bonds or other instruments of writing to which the City is a party, when authorized so to do by the City Commission. Sec. 2044. General provisions. 691 of 703 (a) Administrative officers, departments and agencies. The government of the City shall be carried on by the Mayor and City Commission. They City Commission shall appoint a City Manager, who shall serve as the City's chief executive officer, and a City Attorney, both of whom shall serve at the pleasure of the City Commission. There shall also be such other departments and agencies as may be established from time to time by ordinance and as may be prescribed by ordinances adopted by the City Commission. All other City employees shall be hired, appointed and discharged by the City Manager, with only the appointment or discharge of Assistant City Managers subject to confirmation by the City Commission. (b) Supervision by City Manager. Each department, office and agency under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of Commission, the City Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them or may combine the functions of any offices specified in this Charter which may be appointed by him. (c) Commission/Manager integration with administration. The City Commission or its members shall deal with city officers and employees who are subject to the direction and supervision of the City Manager solely through the Manager, when such dealings involve giving orders or making requests for services to any such officer or employee. All employees and officers shall be permitted to provide information to any Commissioner or member of the public upon request. Sec. 215. Compensation of Mayor and City Commission. Each member of the City Commission, including the member who serves as Mayor shall receive salaries as follows: (a) Effective April 1, 2005, the Mayor shall receive an annual salary of $18,000, paid in equal monthly installments; (b) Effective April 1, 2005, City Commission members, excluding the Mayor, shall receive an annual salary of $15,000 annually, paid in equal monthly installments; and (c) The compensation of the Mayor and the Commissioners shall be adjusted annually in April in each year to reflect increase in the consumer price index. Sec. 221. City Attorney— Appointment, term, function. The City Commission may appoint a lawyer, admitted to practice in the courts of this State, as City Attorney, who shall hold office during the pleasure of the Commission, and act as the legal advisor to, and attorney and counselor for, the Municipality and all of its officers in matters relating to their official duties. Sec. 2359. "ity Attorne e— Duties. The City Attorney, shall, when requested by the City Commission, prepare all contracts, bonds, and other instruments in writing in which the municipality is concerned, or shall endorse on each his approval of the form, language and execution thereof, and no contract with the municipality shall be binding upon the municipality until his approval is so endorsed thereon. 692 of 703 When required by the Commission, he shall prosecute and defend, for and in behalf of the City, all complaints, suits and controversies in which the City is a party. He shall furnish the Commission, or the City Clerk, his opinion on any question of law relating to their respective powers and duties; and he shall perform such other professional duties as may be required of him by ordinance or resolution of the Commission or by this Charter, or such as are prescribed for City Attorneys under the general laws of the State, not inconsistent with this Charter. Sec. 24-54. Citv Attorne . e— Compensation. The City Commission may, from time to time, fix the regular compensation of the City Attorney at a sum commensurate with the duties which may be imposed upon him by this Charter and by the Commission; provided, that all special or unusual services required of the City Attorney, the fee for which is not otherwise prescribed, may be specially compensated as the Commission may see fit to provide. Sec. 404-3 Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act, shall be called by resolution adouted by the Citv Commission_ and in conformance with aD- alicable state law. andl Candidates for City Commission shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the last Tuesday in January nor later than noon on the second Tuesday in February of the calendar year in which the election is to be held. The City Clerk shall transmit the names of all candidates for City Commission to the Supervisor of Elections by 5:00 p.m. on the first Friday after the close of qualifying. 693 of 703 2� v � r : Sec. 404-3 Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act, shall be called by resolution adouted by the Citv Commission_ and in conformance with aD- alicable state law. andl Candidates for City Commission shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the last Tuesday in January nor later than noon on the second Tuesday in February of the calendar year in which the election is to be held. The City Clerk shall transmit the names of all candidates for City Commission to the Supervisor of Elections by 5:00 p.m. on the first Friday after the close of qualifying. 693 of 703 2� Sec. 404-3 Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act, shall be called by resolution adouted by the Citv Commission_ and in conformance with aD- alicable state law. andl Candidates for City Commission shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the last Tuesday in January nor later than noon on the second Tuesday in February of the calendar year in which the election is to be held. The City Clerk shall transmit the names of all candidates for City Commission to the Supervisor of Elections by 5:00 p.m. on the first Friday after the close of qualifying. 693 of 703 Sec. 4t_ 9. General and run -off elections. A special election for any purpose shall be held as provided in the Charter or by ordinance not inconsistent herewith. In every election to any office, the candidate receiving the highest percentage of the vote in excess of thirty -five (35 %) percent of the votes validly cast shall be declared elected. If, in any election, no candidate receives in excess of thirty -five (35 %) percent of the vote in the first election, a second election, limited to the two (2) candidates receiving respectively the highest and the next highest number of votes in the first election shall be held on the fourth Tuesday in March of the calendar year, and the candidate receiving the higher number of votes in the second election shall be declared elected. Sec. 42 444. Regular municipal election, date; qualification of electors for Commissioners; method of holding elections, special elections. Regular municipal elections shall be held on the second Tuesday in March of the calendar year. In the event a run -off election is required as specified in this Charte . -' '' - . - said election shall be held on the fourth Tuesday in March of the calendar year. The City Commission shall prescribe, by ordinance, the method and manner of holding all elections in said City, and shall provide when and how special elections shall be called and held, which are not provided by the terms of this Charter, and all elections shall be conducted substantially on the principle adopted for state election insofar as there are no conflicts with the terms of this Charter. Sec. 43444. . Registration officer and registration. The City Clerk shall be the registration officer of the City and said clerk, or his /her duly appointed deputies, shall register all persons applying to him /her whose names are not already borne upon the registration book applicable to the City and who are qualified as electors under the Constitution and laws of the State of Florida. For this purpose, such registrations shall be received during normal business hours, or at such other times as designated by the City Commission, at the office of the City Clerk or at such other places within the City limits when duly designated by the City Commission.* Registrations shall be upon forms provided by the Supervisor of Elections of Palm Beach County, Florida. Sec. 444 -A-3. Arrangements by City Commission; inspectors and clerks, appointment. , t 694 of 703 Sec. 454 � /voting results, certification, canvass of returns, declaration of results; tie vote. A tie between two (2) or more candidates shall be determined as prescribed by ordinance. The City Clerk, not later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected. Sec. q. Initiative petition of proposed ordinances — Required signatures, etc. Any proposed ordinance, including ordinances for repeal of ordinances then in effect or which have been enacted but not yet effective, may be submitted to the City Commission by a petition, signed by at least twenty -five per cent of the total number of registered voters in the City. All petitions circulated with respect to any proposed ordinance shall be uniform in character, shall contain the proposed ordinance in full and shall have printed or written thereon the names of five electors who shall be officially regarded as filing the petition, and shall constitute a committee of the petitioners for purposes hereinafter named. Each signer of the petition shall sign his name in ink or indelible pencil and shall place on the petition opposite his name the date of his signature. The signatures of any such petition need not be appended to one paper, but to each such paper shall be attached an affidavit by the circulator thereof, stating the number of signers to such part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant on the date indicated. Sec. 51 449. Initiative Petition - Filing with City Clerk, submission to City Commission. All papers comprising an initiative petition shall be assembled and filed with the City Clerk as one instrument within thirty days of the first signature thereon, and when so filed the City Clerk shall submit the same to the City Commission at its next regular meeting and provisions shall be made by the City Clerk for public hearings upon the proposed ordinance. Sec. 5244-9. Initiative Petition ,- -Action of City Commission; referendum. The City Commission shall at once proceed to consider such petition and shall take final action thereon within thirty days after the date of submission. If the City Commission rejects any of the provisions of the proposed ordinance, as set forth in the petition, the City Clerk shall at once cause notice of the filing of such petition and the refusal of the City Commission to pass said ordinance, to be published in a newspaper of general circulation published in the City of Boynton Beach, and the City Commission shall at once proceed to submit the passage of the ordinance to the majority vote of the qualified electors of the City voting in such election. If a 695 of 703 regular or special election is to be held in the City not earlier than thirty days, nor later than sixty days, the ordinance shall be submitted to the voters at such election; otherwise an election shall be called for such submission. At least ten days before such election the City Clerk shall cause the text of the ordinance to be published in a newspaper of general circulation published in the city. Sec. 534-50. Initiative Petition Offending ordinance suspended. When the initiative petition is for an ordinance repealing or amending an ordinance which has been enacted, but is not yet effective, the offending ordinance shall not go into effect until after the demands of the petition shall have been carried out. Sec. 544 . Initiative Petition ' e —Form of referendum ballot. Referendum elections shall be provided for in the same manner as other elections of the City. The ballot shall be a piece of plain white paper which shall have printed upon it the title of the ordinance to be referred, below which shall be two lines in the following form: FOR THE ORDINANCE AGAINST THE ORDINANCE The voter shall express himself by placing a cross X mark to the right of the line indicating his desire in the matter. Sec. 55444. Initiative Petitio . e e —Vote required to amend or repeal. Ordinances adopted by referendum vote can be amended or repealed only by a referendum vote, but the proposition to amend or repeal such ordinances may be submitted to the voters in any regular election of the city, provided that no later than fifteen days before such election the City Commission shall cause notice of such reference to be published in a newspaper of general circulation published in the City of Boynton Beach, Florida, using only the title of such ordinance in the notice if it is to be repealed, but the amendment in full if it is to be amended. Said notice to be posted in three public places if there be no newspaper published in the City. Sec. 5 -I1 , 54. Initiative petition , e —Duty of City Attorney to draft ordinance and advise upon. It shall be the duty of the City Attorney to draft initiative ordinances or to pass upon the legality of the same when requested to do so by the referendum committee of five. 696 of 703 Sec. 604-54— Officers hold until successors qualify; ordinances continued. All officers theretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof until their successors are elected and qualified under the provisions of this Charter; and all existing ordinances shall continue in effect and unimpaired until repealed, amended or modified by the municipality which is hereby incorporated. * These sections are the subject of separate charter referendum questions. The language changes in the other charter referenda, if adopted, shall supersede the language in these sections. H:A GOV CLIENTS\BB 306\900182 GM \ORD \City of BB Charter 2012(11- 9- 12)FINAL.docx 697 of 703 13. E LEGAL December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: PROPOSED ORDINANCE NO. 12 -024 - FIRST READING - Approve Ordinance amending sale of City owned real property HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In limited circumstances the City Commission could approve the sale of real property without the necessity of appraisals or bids. FISCAL IMPACT: Once adopted and when used, the City would save the cost of appraisal and the cost of procurement processes. ALTERNATIVES: Make no change to the current Code provisions regarding the sale of real property or modify the proposed Ordinance to add or delete other restrictions on the sale of real property. 698 of 703 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE IV, SECTION 2 -56, AMENDING PROVISIONS FOR THE SALE OF CITY OWNED REAL PROPERTY; PROVIDING FOR EXEMPTIONS ON THE SALE OF CITY -OWNED REAL PROPERTY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Florida law allows municipalities, pursuant to their home rule powers, to establish procedures for the sale of real property; and WHEREAS, the City Commission has determined that the current procedures for the sale of real property as set forth in Code Section 2 -56 do not provide sufficient flexibility and therefore operate the inhibit the sale of real property to the detriment of the City; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Chapter 2. Section 2 -56. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 2. "Administration ", Article IV, "Purchasing and Consultants ", Section 2 -56 is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck- through type, as follows: Sec. 2 -56. Purchasing agent, selection, duties; competitive bidding. (a) The city commission shall appoint an officer or employee of the city, other than a member of the city commission, as purchasing agent for the city who shall be responsible for the purchase of all supplies, materials, equipment and other articles used by the municipal government. All purchases or sales of city property shall be subject to the approval of the city commission and shall conform to such regulations as the city commission may from time to time prescribe. (b) Personal property, commodities and services. Except as provided in section 2 -56.1, all purchases or sales of personal property, commodities and services involving amounts in excess of twenty -five thousand dollars ($25,000.00), or construction involving amounts of seventy -five thousand ($75,000.00), shall be made only after the publishing of an advertisement of bids thereon in a newspaper of general circulation in the city at least one (1) time, not less than ten (10) days prior to the date set for the reception of such bids, together with such other notice as the commission may direct. The city commission shall have the power to reject any and all bids submitted and received, and to waive any informalities in connection with such bidding. 699 of 703 (c) Real property. Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the City. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four - fifths (4/5) of the city commission. (d) The foregoing provision for sale of real property do not apply to real property located within the city's community redevelopment area if the property was acquired by the City for the purposes of community redevelopment or ifthe r f th r erty dl la ilita ed velora ieM which the Citv ( deerns to be historic, eveii in ihose cases where historic f i "stiant Viz} a federal historic desiwiatrori . p rogra rn Section 3. Each and every other provision of Chapter 2 of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this day of , 2012. SECOND, FINAL READING AND PASSAGE this day of , 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — Mack McCray 700 of 703 Commissioner — Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC, City Clerk (CORPORATE SEAL) 701 of 703 14. A FUTURE AGENDA ITEMS December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: November 7, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: Capital Facility Charge Update Study - Amending Ordinance - 12/4/12 EXPLANATION OF REQUEST: The results of the study will be presented along with recommendations for improvements in this program. This is an Economic Development Implementation Plan (EDIP) action item. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 702 of 703 14. B FUTURE AGENDA ITEMS December 4, 2012 40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT El ANNOUNCEMENTS /PRESENTATIONS El 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: ATS Agreement - 12/18/12 EXPLANATION OF REQUEST: Staff will bring forward an amendment to the current agreement for the addition of five red light cameras to be located in the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 703 of 703