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Agenda 06-21-05 The City of o nt n h' ......................"... . " 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA REVISED JUNE 21, 2005 Jerry Taylor Mayor At Large Bob Ensler Commissioner District I DISTRI T I Mack McCray Vice Mayor District II Mike Ferguson Commissioner District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings.If · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · 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. . 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 making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted 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). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA June 21, 2005 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Dr. Solomon Rothstein - 2nd Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS: A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamation: a. Code Enforcement Officers Appreciation Week June 6 -10, 2005 2. Award of a Certificate of Completion to Commissioner Carl McKoy for completion of the Advanced Institute for Elected Municipal Officials 3. City of Boynton Beach Comprehensive Annual Financial Report for the fiscal year ended September 30, 2004, as presented by Mark Veil from Caler, Donten, Levine, Druker, Porter & Veil. 4. Award Certificate of Appreciation to Arleen Dennison in recognition of her many valuable contributions to the quality of life in the City of Boynton Beach. 1 Agenda Regular City Commission Meeting Boynton Beach, Florida June 21, 2005 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 I Ensler Adv. Bd. On Children & Youth Stu/Non-Voting 1 yr term to 4/06 Tabled (3) II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/06 I Ensler Cemetery Board Alt 1 yr term to 4/06 II McCray Code Compliance Board Alt 1 yr term to 4/06 I Ensler Code Compliance Board Alt 1 yr term to 4/06 III Ferguson Education Advisory Board Alt 1 yr term to 4/06 IV McKoy Education Advisory Board Alt 1 yr term to 4/06 Mayor Taylor Education Advisory Board Reg 1 yr term to 4/06 III Ferguson Education Advisory Board Stu 1 yr term to 4/06 Tabled (3) I Ensler Library Board Alt 1 yr term to 4/06 II McCray Library Board Alt 1 yr term to 4/06 II McCray Senior Advisory Board Alt 1 yr term to 4/07 Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agendalf approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Regular City Commission Meeting - May 17, 2005 2 Agenda Regular City Commission Meeting Boynton Beach, Florida June 21, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Multi-award the "Annual Bid for Safety Clothing and Equipmentlf Bid #031-1412-05/JA, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated annual expenditure of $26,000.00. 2. Award Bid #019-2821-05/0D, "INCA Storm Water Management Improvements and Water Main Replacement Projectlf, to Ric-Man Construction, Inc. d/b/a Richard Mancini Equipment Company, and execute a contract in the amount of $4,130,907.00 plus an owner's contingency of 15% in the amount of $619,636.00 for a total project budget appropriation of $4,750,543.00. (Proposed Resolution No. ROS-109) 3. Award the "ANNUAL PARTS/SUPPLIES FOR LARGE TRUCK AND MISCELLANEOUS EQUIPMENTIf, Bid #032-1412-05/JA to various vendors by manufacturer, with an estimated amount of $100,000.00. 4. Award "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES" Bid #031-1412-05/JA, to various vendors, with an estimated expenditure of $40,000.00. 5. Approve "piggybacklf existing Bid #05-28537-001, of Plant City, for the purchase of five (5) new and unused 40 KW stationary generators and automatic transfer switches manufactured by Katolight/John Deere. The bid contract was awarded to O's Sales and Service, Inc. of Ocala. The total cost for the five (5) generators is $105,845.00. 6. Approve a motion to split award "Two Year Bid for Automatic Transmission Parts and Repairs", Bid #039-1412-05/0D to Florida Worldwide Transmissions, Inc. of Lake Worth, FL and Sunbelt Hydraulics & Equipment of Delray Beach, FL with an estimated expenditure of $25,000.00. 7. Approve the "Surplus Vehicle/Equipment Listlf four (4) items as submitted by Public Works/Fleet Maintenance and allow for the sale of same. 8. Approve a "piggy-backlf of the City of Palm Bay, Bid #23-0-2002/GG to Aquifer Maintenance and Performance Systems, Inc. of West Palm Beach, FL, for Well Rehabilitation Services with an estimated annual expenditure of $300,000.00. 3 Agenda Regular City Commission Meeting Boynton Beach, Florida June 21, 2005 9. Multi-award Bid #029-1412-05/0D "Annual Miscellaneous Uniforms to include Embroidery/Silk Screeninglf on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an annual expenditure of $80,000. C. Resolutions: 1. Proposed Resolution No. ROS-093 RE: Approving the agreement between the City and Boynton Beach Little League, Inc. (Little League) for the use of Little League Park. 2. Proposed Resolution No. R05-094 RE: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Modesto and Rachel Maldonado for the property at 1036 Florence Rd., Lake Worth, FL (Hypoluxo Ridge LT 62) 3. Proposed Resolution No. R05-095 RE: Approving additional language to Rule #24 of the Cemetery Rules & Regulations to require gasketed metal caskets for human remains for Mausoleum usage and burial of human remains/cremains only in any municipal cemetery. 4. Proposed Resolution No. R05-096 RE: Ratifying the action of the South Central Regional Wastewater Treatment & Disposal Board. a. Authorization for the Chairman to sign the interlocal agreement for the delivery and use of reclaimed water with Boynton Beach, effective as of October 1, 2005. (Tabled 5/17/05) City Manager requests item be tabled until 7/19/05 b. Assignment Agreements for the following golf courses: Delray Dunes Golf and Country Club, Country Club of Florida, Hunters Run Golf and Racquet Club, Pine Tree Golf Club and Quail Ridge Country Club.(Tabled 5/17/05) City Manager requests item be tabled until 7/19/05 5. Proposed Resolution No. R05-097 RE: Authorizing the City Manager, Kurt Bressner, to apply for and execute agreements and documents associated with the Urban and Community Forestry Program grant on behalf of the City of Boynton Beach to replace trees at Boynton Beach Memorial Park. The project costs are $89,954.84 with reimbursement to the City through this grant in the amount of $68,568.84. City matching funds for this project are $21,386.00. 4 Agenda Regular City Commission Meeting Boynton Beach, Florida June 21, 2005 6. Proposed Resolution No. R05-098 RE: Approving the renewal of three (3) community garden lease agreements between the property owners, City of Boynton Beach and Palm Beach County. 7. Proposed Resolution No. R05-099 RE: Approving wind load design standards for any and all future municipal buildings and structures to be designed according to Exposure C of the American Society of Civil Engineers (ASCE) publication titled Minimum Design Loads for Bui/dings and Structures, ASCE 7-98. 8. Proposed Resolution No. R05-100 RE: Authorizing the City Manager, Kurt Bressner, to apply for and execute agreements and documents associated with the Urban and Community Forestry Program grant on behalf of the City of Boynton Beach to replace trees along Federal Highway in the City of Boynton Beach. Project costs of $7,740 with reimbursement to the City through this grant in the amount of $5,805. City matching funds for this project are $1,935.00. 9. Proposed Resolution No. R05-101 RE: Approving and authorizing an Agreement for Water Service Outside the City Limits with R.I. & J. Financial, Inc. for the property at 7872 Terrace Rd., Lake Worth, FL. (Tropical Terrace L T 116). 10. Proposed Resolution No. R05-102 RE: Approving the Traffic Enforcement Agreement between the City of Boynton Beach and the Crossings of Boynton Beach Condominium Association, Inc. 11. Proposed Resolution No. R05-103 RE: Approving Interlocal Agreement with the Village of Golf for the provision of Fire Rescue services. 12. Proposed Resolution No. R05-104 RE: Approving and executing the lease agreement with the Boynton Beach Mall for five-year (June 1, 2005 - May 31, 2010) rent-free usage of City Hall in the Mall space. 13. Proposed Resolution No. R05-105 RE: Authorizing the execution of an Assignment and Assumption Agreement between the City of Boynton Beach, Lawson, Noble & Webb, Inc. and Arcadis G & M. Inc. for Scope C, Infrastructure Improvements and Repairs. 14. (This item has been moved to XII Legal. C3) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida June 21, 2005 15. Proposed Resolution No. R05-106 RE: Approving the execution of the Declaration of Restrictive Covenants and Grant Award Calculation Statement between Florida Communities Trust (FCT) and the City to provide partial reimbursement for the acquisition of the Jaycee Park property from Florida Inland Navigation District (F.I.N.D.). Project cost of $3,423,135 with reimbursement to the City through grants in the amount of $1,709,567.50. 16. Proposed Resolution No. R05-110 RE: Assigning ground lease interest and obligations to Global Signal Inc. and certificate of estoppel for the telecommunications tower at 3600 Miner Road a.k.a. Water Storage Tank Site. 17. Proposed Resolution No. R05-111 RE: Assigning ground lease interest and obligations to Global Signal Inc. and certificate of estoppel for the telecommunications tower at 222 NE 9th Avenue a.k.a. Public Works Compound. D. Ratification of Planning & Development Board Action: 1. Quantum Park & Village South Commercial (MSPM 05-003) Request for Master Site Plan Modification approval for the construction of a Mixed-Use development consisting of an additional US multi-family dwelling units (for a total of 349 dwelling units) and 71,708 square feet of commercial/office space on a 26.165 acre-Mixed Use POD in the Planned Industrial Development (PID) zoning district.{Request to be tabled to 07/19/05) 2. (This item has been moved to vrrL Public Hearing E.) 3. Pylon Interstate Plaza (SPTE 05-002) Request for nine (9) month site plan time extension for the construction of a 29,419 square foot, two (2)-story office building, approved on February 3, 2004 (an extension to November 3, 2005). 4. Grove Plaza Parcel B (MPMD 05-009) Request for Master Plan Modification approval to convert parcel "BIf from a proposed 3,800 square foot bank to a 14,291 square foot office building. 5. Grove Plaza Parcel B (NWSP 05-012) Request for New Site Plan approval for a 14,291 square foot, two (2) story office building on a 1.U6-acre parcel in a C-3 zoning district. 6 Agenda Regular City Commission Meeting Boynton Beach, Florida June 21, 2005 E. Ratification of CRA Action: None F. Approve the donation of $5,000.00 to the Boynton Beach P.A.L. for a trip to National P.A.L. basketball tournament. G. Return of cash bond of $13,267.00 to First Baptist Church of Boynton Beach for the project known as the First Baptist Church. H. Approve the "Surplus Computer Listlf as submitted by the Warehouse and allow for the disposal of same. 1. Accept a Change Order request to install 32 round concrete poles, 30 foot above grade at a cost not to exceed $26,174 at the Tennis Center around courts 1-10 and 13-14. J. Accept a Change Order request to use nine (9) gauge steel core fabric fencing with a six (6) gauge vinyl finish at a cost not to exceed $14,500 at the Tennis Center around courts 1-10 and 13-14. K. Authorize the use of Community Investment Funds in the amount of $2,000 from Vice Mayor McCray to the MDM Foundation Trip to Orlando, FL. L. Authorize the use of Community Investment Funds in the amount of $1,000 from Commissioner Ensler to The Service Corps of Retired Executives, known as SCORE. M. Accept the written report to Commission of purchases over $10,000 for the month of May, 2005. N. Return cash bond of $31,454.50 to Southern Homes of Palm Beach III for the project known as Murano Bay (Bldg. #4) O. Return cash bond of $66,562.10 to Mouw Associates, Inc. for the project known as the Bethesda Hospital Parking Garage. P. Return cash bond of $4,840.00 to Marolf Construction, Inc. for the project known as Steinmart. Q. Return cash bond of $191,840.00 to Edens & Avant Investments, L.P. for the project known as Steinmart. R. Direct staff to prepare the necessary ordinance and procedures to adopt the Arts Commission's Guidelines and Recommendations for an Art in Public Places Program that includes the changes discussed at the Public Arts Workshop. 7 Agenda Regular City Commission Meeting Boynton Beach, Florida June 21, 2005 S. Authorize the use of Community Investment Funds from Commissioner McKoy in the amount of $1,000 for the Art Explosion, a program at Hester Center. T. (This item was moved to VI Consent Agenda C16) U. (This item was moved to VL Consent Agenda C17) VII. CODE COMPLIANCE &: LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these publiC hearings in its dual capacity as Local Planning Agency and City Commission c. A. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: B. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: PROJECT: AGENT: LOCATION: DESCRIPTION: Grove Plaza Parcel D (COUS 05-006) Lution Hill, KMA Investment Properties KMA Investment Properties 3920 Hypoluxo Road Request for Conditional Use approval to convert approximately 3,500 square feet of an 11,973 square foot retail building in a C-3 zoning district for a minor automotive repair establishment. Stealth Towers in SMU (CDRV 05-008) Kim-Glas-Castro, Ruden McCloskey Compson & Associates of Boynton, LLC SMU Suburban Mixed-Use Zoning District (Citywide) Proposal to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.H.3 and Chapter 10 (Telecommunication Towers and Antennas) to allow cell towers within the Suburban Mixed-Use zoning district as stealth facilities, integrated into the architecture of a Mixed-Use project. (1st reading of Proposed Ordinance No. 05-028) Urban Commercial Districts (CDRV 05-004) City Staff initiated. Community Redevelopment Agency area Request to amend the Land Development Regulations (LDR), Chapter 2, Zoning, Section 6 and Section 8.5, to create an overlay district to reduce the front, side interior, and side corner yard building setbacks for parcels currently zoned Office and Professional District (C-1), Neighborhood Commercial District (C-2), Community Commercial District 8 Agenda Regular City Commission Meeting Boynton Beach, Florida June 21, 2005 D. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: E. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: IX. CITY MANAGER'S REPORT: (C-3) and General Commercial District (C-4), located within targeted areas of the CRA. (1st reading of Proposed Ordinance No. 05-029) Florida Public Utilities (ABAN 05-001) Christopher Canino Florida Public Utilities Company South Side of Old Boynton Road approximately 300 feet west of Winchester Park Blvd. Request to abandon a portion of an unimproved 30-foot wide road. (1st reading of Proposed Ordinance No. 05-026) Jeffrey Smith Variance (ZNCV 05-001) Jeffrey Smith Jeffrey Sm ith 2525 Southwest 14th Street Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a twenty-five (25) foot rear yard building setback to allow a lO-foot variance, resulting in a 15-foot rear yard building setback for an existing hard roof screen enclosure within the R-1-AA single-family residential zoning district. A. Report of Staff on Agreement with Boynton Woman's Club. X. FUTURE AGENDA ITEMS: A. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard. (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA)(TBD) B. Intralocal Agreement between the City and CRA -- Old High School. (7/5/05) C. Agreement for the Boynton Beach - Heart of Boynton Project - Phase I (7/5/05) D. Resolution of Need for Heart of Boynton Projects (7/19/05) E. Workshop regarding City Hall/Public Safety Space Needs Report (8/2/05) F. City Manager's Evaluation (October 2005) G. Notification to residential areas of ordinance changes. 9 Agenda Regular City Commission Meeting Boynton Beach, Florida June 21, 2005 H. Intralocal Agreement Between the City and CRA -- Boynton Beach Promenade Extension. (Proposed Resolution No. R05-091)(Tabled 5/17/05) (7/19/05) 1. Refinancing of 1996 Utility Revenue Bond. (7/19/05) J. Qualifications for Advisory Board Members. XI. NEW BUSINESS: A. Maximum building heights in Public Usage Zoning District _ Hospitals (CDRV 05-012) Preliminary review of request to amend the Land Development Regulations, Chapter 2, Zoning, Section 5 (J)(2) to increase maximum building height for hospitals from 45 feet to 75 feet, while retaining existing maximum floor provision of four (4) stories. B. Discuss Sister City Representation - City Commission Representation on Committee and City Commission participation on trip to Qufu, China in July, 2005. C. Condominium Hotels in Mixed Use Districts (CDRV 05-013) Preliminary review of request to amend the Land Development Regulations, Chapter 2, Section 6.F Mixed Use Zoning Districts to add "Hotel, Extended Staylf as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district; as a conditional use in the Mixed Use-Low Intensity (MU-L) zoning district; and to amend the definitions of "Hotellf and "Hotel, Extended Staylf to include condominium hotel units. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-012 RE: Rezoning a parcel of land owned by Knollwood Groves, Inc. from Agricultural (AG) to Planned Unit Development (PUD). (Knollwood Groves) 2. Proposed Ordinance No. 05-024 RE: Amending the Land Development Regulations, Chapter 2, Section 8.A.4. to allow carwashes as a conditional use in the M-1 Zoning Districts. (See letter dated 5/20/05 from Petitioner requesting continuance to 6/21/05) 3. Proposed Ordinance No. 05-025 RE: Adopting the Future Land Use Map in Geographic Information System (GIS) format, pursuant to the requirements of Chapter 163.3177(6) (a), of the Florida Statutes. 10 Agenda Regular City Commission Meeting Boynton Beach, Florida June 21, 2005 B. Ordinances -- 1st Reading c. 2. 3. D. Other: None 1. Proposed Ordinance No. 05-023 RE: Allowing a maximum building height exceeding forty-five feet in height but not exceeding seventy-five feet in height in a PID Mixed Use POD, providing application for building with a height exceeding forty-five feet to be processed as a conditional use. (Quantum Park MU Height) 2. Proposed Ordinance No. 05-027 RE: Requesting a new thirty (30) year electric franchise agreement with Florida Power & Light Company (FPL) providing for the payment of fees to the City of Boynton Beach for the nonexclusive right and privilege of supplying electricity and other services within the City, free of competition from the City of Boynton Beach, pursuant to certain terms and conditions. Resolutions: 1. Proposed Resolution No. R05-092 RE: Approving a contract with the Metropolitan Center at Florida International University to prepare proposed Commission district boundary maps, based on the 2000 Census. Proposed Resolution No. R05-107 Re: Approving issuance of a "Notice of Intentlf for conducting a planning study and pOSSible changes to zoning and development regulations applicable to those properties located along the west side of N. Seacrest Blvd; between NW 3rd Avenue, and NW 8th Avenue and currently zoned C-2, Neighborhood Commercial. Proposed Resolution No. R05-108 RE: Approving the Revocable License Agreement between the City of Boynton Beach and the Lake Worth Christian School for the use of City land by the School. XIII. UNFINISHED BUSINESS: A. Possible adaptive reuse of a closed landfill site owned by the City adjacent to the Boynton Links Golf Course and authorization to apply for a grant from the Treasure Coast Regional Planning Agency for a landfill feasibility and environmental report. (Tabled 4/1.9/05) 11 Agenda Regular City CommisSion Meeting Boynton Beach, Florida June 21, 2005 XIV. ADJOURNMENT: C. ReconSideral1on of Towing Contracts. B. Blake's ToWing & Transport, Inc. - Exclusion from towing rutal10n list. TIJE cnv SHAU FURNISH -OPRlA1!' AUXIlIARY AIDS AND SERVICES WHERE NECC5SARy TO AFFoRo AN INDMDUAL 1NIrH A OlSAIlllITy AN EQUAL OPPORl1JNI1Y TO PARnCIPA1!' IN ANo ENJoy TIJE ''''If FIrs OF A SERVICE, """'''''', OR ACT1VlTy CONDUClcn ,y TIJE cnv. PlEAsE CONTACT JOYCE cOSJaLO, (561) 742-6013 AT lEAsT """""'FOuR HOuRs PRIOR TO TIJE p''''G"", OR ACT1VlTy IN"""", FOR TIJE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. IF A PERsoN DECIDES TO A_, ANY IJfCJSI,," MADc ,y TIJE Cl1y COMMISSl,," 1NIrH REsPocr TO ANy MAne, C__D AT TIJIS MEElTNG, HE/SHE lVIU NEED A - OF TIJE PROCl'EIJINGS ANO, "JR SUCIl PURPOSE, HE/SHE MAy NEED TO ""WIlE 1liAT A """"nM - OF TIJE PROcccDING IS MADc, ,,"ICM REcoRD INQU/JEs TIJE 1!'Sl1MONy AND EVIDENCE UPON ,,"ICM TIJE A_'IS TO BE _0. (F.S. 286.0105) NOTICE REVISED FINAL AGENDA 6/21/2005 12:31 PM S"CClWPlCCAGENDAIAGENDAS'YEAR 20051062105. "E"SED.Doc 12 lII.-ANNOUNCEMENTS &: PRESENTATIONS Item C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5,2005 March ]4,2005 (Noon.) [8J June 7, 2005 May ]6,2005 (Noon) 0 April 19,2005 April 4, 2005 (Noon) 0 June 2], 2005 June 6, 2005 (Noon) 0 May 3, 2005 April ]8,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) 0 July] 9,2005 Ju]y 5, 2005 (Noon) NATURE OF AGENDA ITEM : J . ") --l 0 Administrative 0 Development Plans .~-< 0 Consent Agenda 0 New Business : -~1> .' --..:,= ) f 0 0 :-'::,) Public Hearing Legal c~\ ; '::) .-., 0 Bids 0 Unfinished Business - '-'-~'L [8J Announcement 0 Presentation (::) ..J ,." .::r; , D City Manager's Report ...'"1 CD c..) n~; .-_..l . .'c) RECOMMENDATION: Read enclosed proclamation designating the week of June 6-10 as Code Enforcement Officers' Appreciation Week, (Exhibit "A") into the record. EXPLANATION: This is an annual recognition initiated by the Florida Association of Code Enforcement (F.A.C.E.) to show appreciation for the hard work performed by Code Enforcement Departments throughout the State of Florida. The proclamation emphasizes the importance of having well trained, professional Code Officers providing for the safety, health and welfare of our citizens. It also notes the role of Code Enforcement Officers in improving neighborhoods and providing quality customer service to the public. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNA~.7? I~ ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II II !J~tX!IA#A710N WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and. WHEREAS, The Florida Association of Code Enforcement (FAC.E.) has declared the first week of June be set aside by local government to honor and recognize their Code Enforcement Officers; NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Vice Mayor of the City of Boynton Beach, Florida, hereby proclaim the week of June 6-10, 2005 as CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK in Boynton Beach in accordance with the state-wide observance of the same and encourage citizens of Boynton Beach to join this Commission in expressing appreciation for the dedication and outstanding service provided by the individuals who serve as our Code Enforcement Officers. / IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 21st day of June, Two Thousand and il Five. II CITY OF BOYNTON BEACH ATTEST Jerry Taylor, Mayor Janet Prainito, CMC, City Clerk Corporate Seal 14.. FLORIDA INSTITUTE .. OF GOVERNMENT ';G::";"i,,,;,,;;,,:;,;</,,"~ ..~~- AT FLORIDA STATE UNIVERSITY III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.2 April 25, 2005 Carl McKoy Commissioner City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Dear Commissioner McKoy: On behalf of the John Scott Dailey Florida Institute of Government and the Florida League of Cities, I am pleased to award this certificate to you for the completion of the Advanced Institute for Elected Municipal Officials held April 15 - 16 in Tampa, Florida. We hope that you found the program challenging and worthwhile. We encourage you to take advantage of other training opportunities through the League and the Institute of Government. In the event you receive public questions about the Advanced Institute I have enclosed a sample press release that might be helpfu1. We strongly believe that your attendance at the Advanced Institute is indicative of your continued commitment to improving the quality of municipal government in Florida. If we may be of assistance in the future, please do not hesitate to call upon us. Sincerely, ~.A:' -tt. Jeff Hendry Associate Director enclosure 325 John Knox Road, Building 300 · Tallahassee, FL 32303 Telephone: (850) 487-1870 · Fax: (850) 487-0041 · http://iog.fsu.edu · email: fig@mailedsu.edu c Q) E -. L.. E CJ) t::: o Q) ()) - > - E: ~ 0 ~ CO E .~ C) U 0- "b ~ Q) 0 t) ~ - Q) t::: 0 - " ::J COe!) U:t::: 0 0- .~ . ...... (/) (/) () 0 t::: c -t-+ CO - ()) CO ~ -. -0 ~ CI) ~ c.. :::..,.~ :;:; "C :. 0 ~ U .o:t:::CI) LL. 0 "bOt::: ~ .- -= ......- C ~ ~ 0 CO U 0())12 a ::J u CI) ~ ~ 0 t::: 0) 0 ~ ocoU: ::E tU ~()):::.., ..... t) "'0 co -J ()) CO:'::::: . Q) - "bCO e> +""" ~ :: 'i:::C 0-. U ~ d U:o Q) "0 0 ()) () - ~ -!::C/) 4-+ w Q) :: -. t::: "E ~ -!:: ~ :. 0 t) J2 ~ tU -:, :: 0 ()) -!:: Q) ,9 co -. ~ +""" q: ::J ~ ~ -t-+ +""" +""" ,~ 0 ~ CJ) E :. c ~ E ~ .~ "'0 '- 4-+ Q) 8 u u .~ c -t-+ co ~,Ee~~ ~ > "'0 ~ <{ e> LO ~~uDu 0 >~~zt:: 0 N ~~i!dSto III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 AprilS, 2005 March ]4,2005 (Noon.) 0 June 7, 2005 May ]6,2005 (Noon) 0 April 19, 2005 April 4,2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 Apri] ] 8,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May ]7,2005 May 2,2005 (Noon) 0 July] 9,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement ~ Presentation 0 City Manager's Report RECOMMENDATION: Approve the 9-30-2004 City of Boynton Beach Annual Financial Report as presented by Mark Veil from Caler, Donten, Levine, Druker, Porter & Veil. EXPLANATION: Florida State Statutes require that all governmental agencies have an annual audit completed by an independent audit firm. This year the annual audit was performed by Caler, Donten, Levine, Druker, Porter & Veil whose offices are located in West Palm Beach. The audit has been completed and is now being presented to the City Commission for acceptance. Normally the audit is completed and submitted by March 31 st. However, do to the workload created by the hurricanes as a result of financial reporting requirements by FEMA for reimbursement of hurricane costs, the City requested a 60-day extension through May 31, 2005 to submit our 2003/04 fiscal year financial report to the Government Finance Officers Association's Certificate of Achievement program. The Finance staff is to be commended for having received GFOA's Certificate of Excellence in Financial Reporting award for the past 27 consecutive years. PROGRAM IMP ACT: The City remains in stable financial condition. FISCAL IMPACT: Annual fee for audit services was $89,800. AL TERNA TIVES: None U~!!/!sJ" h/ltln(l_eJ &U\J'C' c;;. Department Name S:\BULLET]N\FORMS\AGENDA ITEM REQUEST FORM.DOC o Rllr8b81Siv8 011:11 , inllcial IPon CITY OF BOYNTON BEACH, FlORIDA FOR FISCAl YEAR ENDED SEPTEMBER 30,2004 COMPREHENSIVE ANNUAL FINANCIAL REPORT of the CITY OF BOYNTON BEACH, FLORIDA FOR TH E FISCAL YEAR EN OED SEPTEMBER 30, 2004 City of Boynton Beach Comprehensive Annual Financial Report For the Fiscal Year Ended September 30, 2004 Table of Contents Page INTRODUCTORY SECTION Letter of Transmittal GFOA Certificate of Achievement Organizational Chart List of Elected and Appointed Officials i vii viii ix FINANCIAL SECTION Independent Auditor's Report Management's Discussion and Analysis Basic Financial Statements: Government-wide Financial Statements: Statement of Net Assets Statement of Activities Fund Financial Statements: Governmental Funds: Balance Sheet - Governmental Funds Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - General Fund Proprietary Funds: Statement of Net Assets - Proprietary Funds Statement of Revenues, Expenses, and Changes in Fund Net Assets - Proprietary Funds Reconciliation of the Enterprise Funds Financial Statements to the Government-Wide Business-Type Activities Financial Statements Statement of Cash Flows - Proprietary Funds Fiduciary Funds: Statement of Fiduciary Net Assets - Pension Trust Funds Statement of Changes in Fiduciary Net Assets - Pension Trust Funds Notes to the Financial Statements Required Supplementary Information - Pension Trust Funds: Schedules of Funding Progress General Employees' Pension Fund Schedule of Contributions from Employer for the Last Three Years 1-2 3-13 14 15-16 17 18 19 20 21-22 23 24 25 26 27 28 29-54 55 55 City of Boynton Beach Table of Contents (continued) Page FINANCIAL SECTION--CONTINUED Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - Capital Improvements Fund Combining and Individual Fund Statements and Schedules: Nonmajor Governmental Funds: Combining Balance Sheet Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Schedules of Revenue, Expenditures, and Changes in Fund Balance Budget and Actual: Promissory Note Debt Service Fund 2004 Public Service Tax Debt Service Fund Fire Rescue Capital Improvement Fund Local Option Gas Tax Fund Community Improvements Fund Recreation Program Fund Boynton Beach Memorial Park Fund Nonmajor Enterprise Funds: Combining Statement of Net Assets Combining Statement of Revenues, Expenses, and Changes in Net Assets Combining Statement of Cash Flows Internal Service Funds: Combining Statement of Net Assets Combining Statement of Revenues, Expenses, and Changes in Net Assets Combining Statement of Cash Flows Pension Trust Funds: Combining Statement of Fiduciary Net Assets Combining Statement of Changes in Fiduciary Net Assets 56 57 58-59 60-61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 STATISTICAL SECTION General Fund Revenue by Source and Other Financing Sources-Budgetary Basis General Fund Expenditures by Function and Other Financing Uses-Budgetary Basis Property Tax Levies and Collections Assessed and Estimated Actual Value of Taxable Property Property Tax Rates-All Direct and Overlapping Governments Ratio of Net General Bonded Debt to Assessed Value and Net Bonded Debt Per Capita Computation of Direct and Overlapping General Obligation Debt Computation of Legal Debt Margin Ratio of Annual Debt Service Requirements for General Obligation and Bonded Debt to Total General Fund Expenditures-Budgetary Basis Schedule of Water and Sewer Revenue Bond Debt Service Coverage Property Value and Construction Principal Taxpayers Demographic Statistics Miscellaneous Statistical Data 80-81 82-83 84-85 86-87 88 89-90 91 92 93 94 95 96 97 98-99 City of Boynton Beach Table of Contents (continued) Page COMPLIANCE SECTION Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Independent Auditor's Report on Compliance Applicable to Each Major Federal Program and State Project and Internal Control Over Compliance Schedule of Expenditures of Federal Awards and State Financial Assistance Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Schedule of Findings and Questioned Costs Management Letter City Management's Response to the Management Letter 100-101 102-103 104-105 106 107-108 1 09-112 113 (D. . . , . ' City of 30ynton 3{l8Ch, ftorid8 City Hall - 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 Phone: (561) 742-6311 Internet: www.boynton-beach.org April 22, 2005 The Honorable Mayor, Members of the City Commission, Citizens of the City of Boynton Beach, Florida The Financial Services Department is pleased to submit the Comprehensive Annual Financial Report (CAFR) of the City of Boynton Beach, Florida for the fiscal year ended September 30, 2004. The report fulfills the requirements set forth in Chapter 166.241 of the Florida Statutes and the Rules of the Florida Auditor General, Chapter 10.550. In addition to meeting legal requirements, the report continues to present the City's tradition of full financial disclosure. This philosophy is demonstrated by the informative financial analysis provided and the exhibits and statistical tables included herein. To the best of our knowledge and belief the data, as presented, is accurate in all material respects; the information is presented in a manner designed to fairly present the financial position and results of operations of the City; and all disclosures necessary to enable the reader to gain an understanding of the City's financial activity have been included. The CAFR's role is to assist in making economic, social and political decisions and to assist in assessing accountability to the citizenry by: .:. comparing actual financial results with the legally adopted budget, where appropriate; .:. assessing financial condition and results of operations; .:. assisting in determining compliance with finance related laws, rules and regulations; and .:. assisting in evaluating the efficiency and effectiveness of City operations Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the management of the City. The CAFR is presented in four parts to facilitate understanding by the non-financially oriented user as well as to provide all necessary information for the most sophisticated financial observer. The Introductory Section is designed to introduce the reader to the City and summarize the financial story told in the financial statements, schedules, notes and statistical tables. The transmittal letter discusses significant aspects of financial operations during the year and capsulizes financial prospects for the future. This section includes the transmittal letter, a list of principal officials and the city's organizational chart. The Financial Section includes the independent auditor's report, Management's Discussion and Analysis, basic financial statements and the related notes to the financial statements. The basic financial statements and notes are designed to provide an overview of the City's financial position and results of operations. The remainder of this section presents the combining statements, individual fund statements and schedules focusing on each individual fund and other required supplementary information. The Statistical Section contains a number of tables and other data designed to depict historical, social, economic, and financial trends and give an overall view of the fiscal capacity of the City. The Compliance Section contains data required by the State of Florida and the Federal Single Audit Act. THE CITY Boynton Beach, Florida's Gateway to the Gulfstream, is a coastal city located in southern Palm Beach County. Major Nathan S. Boynton, a native of Michigan founded the City. In 1895 Major Boynton enlisted several workmen from his native Michigan to move their families to Boynton Beach. With other settlers, the early years of our City were spent building a town, raising vegetables to supply their needs as well as the guests of the new Boynton Beach Hotel. Boynton Beach is a year-round community that offers a full complement of recreational, entertainment, shopping and dining opportunities. Easily accessible by road, rail, sea and air, Boynton Beach is a city of neighborhoods with much to offer residents, visitors and businesses. Boynton Beach is the county's third largest city and is a great place to live, work, play and learn. The City, incorporated in 1920, derives its governmental authority from a charter granted by the Legislature of the State of Florida. The City operates under a Commission/Manager form of government. Four Commissioners are elected by district for a three-year term. A Mayor is elected at large on a non-partisan basis for a three-year term. The City Commission appoints the City Manager who is the Chief Administrative Officer of the City and directs the business of the City and its various departments. The City Commission determines policy, adopts legislation, approves the City's budget, sets taxes and fees and appoints the City Attorney and members of the various boards. The City of Boynton Beach provides a full range of municipal services. The public safety program includes police, fire protection and rescue services; the City's extensive recreation program includes beaches, a pool, golf course, a library, tennis courts, neighborhood parks and boat ramps; the Municipal Services Department provides essential street and highway maintenance, sanitation and other technical assistance to the City; Utility Services Department provides water, sewer and stormwater services. The City's Development Department administers the City's Community Development Block Grant and the Section 8 Housing Assistance Grant as well as building inspection, planning & zoning and occupational licenses. The City Hall in the Mall, located in the major shopping mall on the western border, offers citizens the opportunity to pay utility bills and to sign up for recreational programs without traveling to City Hall. 11 THE REPORTING ENTITY This report includes all of the funds of the City. In addition to general government activities. the Community Redevelopment Agency (CRA) is included in the reporting entity. ECONOMIC CONDITIONS AND OUTLOOK Greater Boynton Beach today is enjoying a renaissance that will reshape the fast-growing community for years to come. Already the third largest city in Palm Beach County, Boynton Beach is benefiting from civic initiatives and growing flow of private investment. With numerous private and public projects planned or already underway. Boynton Beach will be completely transformed in the next few years. New commercial and residential developments are planned or under construction along Federal Highway (US. 1) and the Intracoastal Waterway. in the heart of Boynton Beach and in the fast-growing western corridor along Congress Avenue and Gateway Boulevard. The long awaited downtown waterfront Marina Village project is finally under construction. where two 15 story buildings and one seven story building connected by a parking garage will contain 338 residential units and over 17,000 square feet of commercial space. The Arches. which is also slated for construction in the downtown area. will include residential. retail and office space. These downtown private projects will be complimented by the City's Boynton Beach Boulevard Extension and Riverwalk projects. which will extend Boynton Beach Boulevard to the Intracoastal Waterway and provide a vehicular and pedestrian gateway to the entire Marina Area. This access will provide the community with an events and festival area and also provide access to Boynton's largest preserve of mature mangroves. ensuring the preservation of over 40 acres of natural resources with open space for future generations. Finally. the construction of a major mixed-use development. Renaissance Commons. has begun along Congress A venue on an 86-acre tract of land. This project includes over 1 .300 residential units and almost 44.000 square feet of commercial space. The median household income based on the 2000 Census was $39,845 and the median age was 41.8 years. The City has maintained its high level of service while lowering the ad valorem tax rate to the current $7.500 per $1.000 of taxable value. MAJOR INITIATIVES Projects continuing: .:. Finalize construction on new fire station in the City's southeast quadrant. .:. Purchase of Jaycee Park from the Florida Inland Navigation District. .:. Purchase of 9.3 acres of property in the northeast quadrant for a Public Safety Center. .:. Construction will begin in the Spring 2005 on the Library Expansion Project. .:. Continue stormwater projects. 11l Projects for the future: .:. Begin construction on a meeting/clubhouse facility at Intracoastal Park. This will be an all-purpose facility overlooking the intracoastal waterway. Residents will be able to lease the facility for private functions. .:. Begin construction on a new fire station to replace the existing station in the southwest quadrant of the City. .:. Design a Public Safety Center to be located in the northeast quadrant of the City. .:. Expansion of the West Water Treatment Plant. .:. Implementation of a plan of action to replace lost wellfield capacity due to withdrawal restrictions from the surfical aquifer in the City's eastern wellfield and refurbishment of the East Water Plant facilities. .:. Begin Phase III improvements to the Senior Citizen Center. .:. Begin upgrades to the City pool located in the Wilson Center Complex. .:. Construct a replacement Community Center at Wilson Center Complex. This park is located in the northeast quadrant of the City. .:. Restoration of the old high school building. .:. Reconstruct the boardwalk at the City's Ocean Front Park. .:. Construct a park in the Southeast quadrant of the City. FINANCIAL INFORMATION Accounting and Administrative Controls City management is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. Additionally, management ensures that accounting data is adequately compiled to allow for the preparation of financial statements in conformity with U.S. generally accepted accounting principles issued by the Governmental Accounting Standards Board. Internal accounting controls are designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the evaluation of costs and benefits requires estimates and judgments by management. Single Audit As a recipient of federal, state and county financial assistance, the City also is responsible for ensuring that an adequate control structure is in place to ensure compliance with applicable laws and regulations related to those programs. This internal control structure is subject to periodic evaluation by management. The City is required to undergo an annual single audit performed under the provisions of the U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments and Non-Profit Organizations and Chapter 10.550, Rules of the Auditor General, State of Florida. The information related to the Single Audit, including the schedule of expenditure of federal awards and state financial assistance, findings and questioned costs, and auditor's reports on the internal control and compliance with applicable laws and regulations are included in this report under the Compliance Section. IV Budgetary Controls Additionally, the City maintains budgetary controls, the objective of which is to ensure compliance with legal provisions contained in the annual appropriated budget approved by the City Commission. Annual budgets are legally adopted for activities of the general fund, special revenue fund, debt service funds and capital projects fund. Budgets are controlled at the category level and expenditures may not legally exceed appropriations at the department level without Commission approval. The City maintains an encumbrance accounting system as one technique of accomplishing budgetary control. Encumbered amounts lapse at year-end. However, encumbrances generally are reappropriated as part of the following year's budget. Cash Management The City uses a pooled cash concept for all funds under its control. Currently, the City utilizes the State Board of Administration and the Florida Municipal Investment Trust for its investments of the pooled cash funds. Money managers handle the investments for the three pension funds based on investment guidelines set up by each pension board. The guidelines are then submitted to the City Commission for approval. The City's goal is to earn the highest income, while maintaining that liquidity and safety are the most important standards of the policy. Risk Management The City is self-insured for worker's compensation, general liability and auto liability with coverage on excess claims contracted with commercial carriers. Resources are accumulated in an internal service fund to pay claims and to meet potential losses. The City has various risk control techniques, including employee accident prevention training, safety awareness, health awareness programs and defensive driving courses. Other Information Independent Audit - Florida Statutes require that an independent certified public accounting firm perform an annual financial audit. Caler, Donten, Levine, Druker, Porter & Veil, P.A performed the 2003/2004 audit. Awards - The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Boynton Beach for its Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2003. This was the 26th consecutive year the City of Boynton Beach has received the award. The Certificate of Achievement is the highest form of recognition for excellence in state and local governmental financial reporting. In order to be awarded a Certificate of Achievement, a governmental unit must publish an easily readable and efficiently organized comprehensive annual financial report, whose contents conform to program standards. Such comprehensive annual financial reports must satisfy accounting principles generally accepted in the United States of America. A Certificate of Achievement is valid for a period of one year only. We believe our current report continues to conform to Certificate of Achievement Program requirements, and we are submitting it to the GFOA. v ACKNOWLEDGEMENTS The preparation and issuance of this report represents countless hours of work. Many individuals of the Financial Services Department are responsible for its completion. The highest appreciation is extended to the employees who daily maintain the financial records upon which this report is based. Special thanks must be given to Mary Munro for her dedication in the coordination and completion of this document. I wish to take this opportunity to thank you and the citizens of Boynton Beach for the vital role you play in enabling the City to achieve and maintain this high degree of fiscal responsibility. Respectfully submitte , illiam Mummert Director of Financial Services VI Certificate of Achievement for Excellence in Financial Reporting Presented to City of Boynton Beach, Florida For its Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2003 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standatds in government accounting and fmancial reporting. ?l~~~ President ~/~ Executive Director VB CITY OF BOYNTON BEACH, FLORIDA . ORGANIZATIONAL CHART Advisory Boards Advisory Brd on Children & Youth Bldg Brd of Adjustment & Appeals Cemetery Board Code Compliance Board CRA Community Relations Board Education Advisory Board Golf Course Advisory Board Library Board Nuisance Abatement Board Planning & Development Board Recreation & Parks Board Senior Advisory Board Employees' Pension Plan Board Firefighters' Pension Police Officer's Retirement Asst. City Manager Administrative Services City Clerk Communications Human Resources I. T.S./G.I.S. Organizational/ Strategic /Professional Development Risk Mgmt Grants Team H.O.B. Redevelopment Neighborhood Services Comm./Lelsure Services Library Recreation & Parks -Park Planning . -Park Maintenance -Recreation Programs City Commission City Attorney Public Affairs Director of Public Affairs/Special Events FacUlty & Construction Services Public Works -Engineering Services -Facilities Management -Fleet Maintenance -Forest & Grounds Maintenance -Solid Waste -Street Maintenance Financial Services Finance Administration -Budget -Audit -Procurement -Warehouse Public Safety Police -Code Compliance -Animal Control Fire/EMS Department of Development Building Occupational Licensing Planning & Zoning Community Development Vlll utility Services -Drinking Water -Stormwater -Waste Water Golf Course Economic Develop. - Function Areas in Bold Type - Italics indicates Departments CITY OF BOYNTON BEACH, FLORIDA List of Elected and Appointed Officials September 30, 2004 Elected Officials Mayor Vice-Mayor Commissioner Commissioner Commissioner Jerry Taylor Mike Ferguson Mack McCray Carl McKoy Bob Ensler Appointed Officials Kurt Bressner Wilfred Hawkins Dale Sugerman Janet Prainito William Mummert William Bingham Marshall Gage James Cheraf Quintus Green Jeff Livergood Arthur Lee City Manager Assistant City Manager Assistant City Manager City Clerk Dir. of Financial Services Fire Chief Police Chief City Attorney Dir. of Development Dir. of Public Works Dir. of Human Resources IX .Jl1I1 - CALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. Wll..L1AM K. CALER, JR., CPA LOillS M. COHEN. CPA DAVID S. DONTEN. CPA SCOTI D. DRUKER, CPA, 10 JAMES B. HUTCHISON, CPA JOEL H. LEVINE. CPA JAMES F. MULLEN, IV, CPA THOMAS A. PENCE, JR., CPA SCOTIL.PORTER,CPA MARK D. VEIL, CPA CERTIFIED PUBLIC ACCOUNTANTS 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE (561) 832-9292 FAX (561) 832-9455 MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS info@cdlcpa.com Independent Auditor's Report The Honorable Mayor and City Commission City of Boynton Beach, Florida We have audited the accompanying financial statements of the governmental activities, the business-type activities, the discretely presented component unit, each major fund and the aggregate remaining fund information of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2004, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the management of the City of Boynton Beach, Florida. Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the Community Redevelopment Agency, the discretely presented component unit of the City, and the Municipal Police Officers' Retirement Fund and the Firefighters' Pension Fund, two fiduciary funds of the City, which together represent 53% and 58%, respectively, of the total assets and total additions of the Fiduciary Funds of the City. Those financial statements were audited by other auditors whose reports thereon have been furnished to us, and our opinion, insofar as it relates to the amounts included for the Community Redevelopment Agency, the Municipal Police Officers' Retirement Fund and the Firefighters' Pension Fund, is based solely on the reports of the other auditors. We conducted our audit in accordance with U.s. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, based on our audit and the reports of other auditors, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the discretely presented component unit, each major fund and the aggregate remaining fund information of the City of Boynton Beach, Florida, as of September 30, 2004, and the respective changes in financial position and cash flows, where applicable, thereof for the year then ended in conformity with U.s. generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued our report dated April 27, 2005 on our consideration of the internal control over financial reporting of the City of Boynton Beach, Florida, and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. The management's discussion and analysis and the required supplementary information on pages 3 through 13 and page 55, respectively, are not a required part of the basic financial statements, but are supplementary information required by u.s. generally accepted accounting principles. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements of the City of Boynton Beach, Florida. The introductory section, the combining and individual fund financial statements and schedules and the statistical section listed in the table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements of the City of Boynton Beach, Florida. The accompanying Schedule of Expenditures of Federal A wards and State Financial Assistance is presented for purposes of additional analysis as required by u.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and Chapter 10.550, Rules of the Auditor General, and is also not a required part of the basic financial statements of the City of Boynton Beach, Florida. The combining and individual fund financial statements and schedules and the Schedule of Expenditures of Federal Awards and State Financial Assistance have been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a whole. The introductory section and statistical section have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. Ck, ~I ~, ~I p~ ~ V.u< ~A, April 27, 2005 2 Management's Discussion and Analysis As management of the City of Boynton Beach (the City), we offer readers of the City's financial statements this narrative overview and analysis of the financial activities of the City for the fiscal year ended September 30, 2004. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal, which can be found on pages i-vi of this report. Financial Highlights .:. The assets of the City exceeded its liabilities at the close of the most recent fiscal year by $242,131,704. (net assets). Of this amount, $89,331.426 (unrestricted net assets) may be used to meet the government's ongoing obligations to citizens and creditors. .:. The City's total net assets increased by $8,737,522. Approximately 90% of this increase is attributable to governmental activities and the remaining 10% to business-type activities. .:. At the close of the current fiscal year, the City's governmental funds reported combined ending fund balances of $39,945,166, an increase of $5,958,931 in comparison with the prior year. Almost this entire total amount, $39,911,736 is available for spending at the government's discretion (unreserved fund balance). .:. At the end of the current fiscal year, unreserved fund balance for the general fund was $15,884.488 or 32% of total general fund expenditures and other financing uses. Of this balance, $7,325,119 was designated for specific purposes/projects, subsequent years expenditures and emergencies, with $8,559,369 available for new spending. The City established an ordinance requiring 10% of the subsequent year's budgeted expenditures be designated for emergencies. This designation of fund balance accounts for $5,603,584 of the $7,325,119 of unreserved designated fund balance. .:. The City's total debt increased by $6.456,962 (11 %) during the current fiscal year. The City issued $17,540,000 of Public Service Tax Refunding Revenue Bonds, Series 2004 for the purpose of advance refunding the outstanding Public Service Tax refunding Revenue Bonds, Series 1993 in the amount of $7,985,000. A portion of the proceeds of the new issue was used to pay bond issuance costs and a portion of the proceeds will be used to fund various capital improvement projects as may be approved by the City Commission from time to time. .:. The City was hit by two hurricanes in September 2004, with costs incurred to clean up debris, including salaries, benefits and contracted services, totaling almost $1.6 million as of September 30, 2004. The total clean-up costs of these two hurricanes are expected to exceed $2.5 million. A significant portion of these costs is eligible for reimbursement from the state via pass-through funds from the Federal Emergency Management Agency (FEMA). The estimated reimbursement for costs incurred through September 30, 2004 is $1,320,000 and is included as "Due from other Governments" in the financial statements. Overview of the Financial statements This discussion and analysis are intended to serve as an introduction to the City's basic financial statements. The City's basic financial statements comprise three components: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. 3 Government-wide financial statements. The government-wide financial statements are designed to provide readers with a broad overview of the City's finances, in a manner similar to a private-sector business. The Statement of Net Assets presents information on all of the City's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. The Statement of Activities presents information showing how the City's net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave). Both of the government-wide financial statements distinguish functions of the City that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the City include general government, public safety, public works, economic environment, and culture and recreation. The business-type activities of the City include the Water and Sewer Fund, the Boynton Beach Recreational Facilities Fund, the Sanitation Fund and the Mass Transit Fund. Both of the government-wide financial statements include not only the City itself (known as the primary government), but also a legally separate Community Redevelopment Agency for which the City is financially accountable. Financial information for this component unit is reported separately from the financial information presented for the primary government itself. The government wide financial statements can be found on pages 14 through 16 of this report. Fund financial statements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. Except for the General Fund, separate funds are established to maintain control over resources that have been segregated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All of the funds of the City can be divided into three categories: governmental funds, proprietary funds, and fiduciary (pension) funds. Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near-term financing requirements. 4 Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the government's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City maintains thirteen individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the general fund and capital improvements fund, which are considered to be major funds. Data from the other eleven governmental funds are combined into a single, aggregated presentation. Individual fund data for each of these non major governmental funds is provided in the form of combining statements elsewhere in this report. The City adopts an annual appropriated budget for certain governmental funds. A budgetary comparison statement has been provided for the general fund to demonstrate compliance with this budget. The basic governmental fund financial statements can be found on pages 17 through 22 of this report. Proprietary funds. The City maintains two different types of proprietary funds. Enterprise funds are used to report for business-type activities that charge fees to customers for the use of specific goods or services. These statements are prepared on an accounting basis that is similar to the basis used to prepare the government-wide financial statements. The City uses enterprise funds to account for its water and sewer utility system, the municipal golf course, the sanitation operations and the mass transit system. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City's various functions. The City uses internal service funds to account for its fleet of vehicles, its self-insurance activities, and its warehouse operations. Because these services predominantly benefit governmental rather than business-type functions, they have been included within the governmental activities in the government-wide financial statements. Proprietary fund financial statements provide the same type of information as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the water and sewer utility system and for the sanitation operations, both of which are considered to be major funds of the City. Conversely, the three internal service funds are combined into a single, aggregated presentation in the proprietary fund financial statements. Individual fund data for the non major enterprise funds and the individual internal service funds are provided in the form of combining statements elsewhere in this report. The City's proprietary fund financial statements can be found on pages 23 through 26 of this report. Fiduciary Funds. Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government-wide financial statements because the resources of those funds are not available to support the City's own programs. The accounting used for fiduciary funds is much like that used for proprietary funds. The City's Fiduciary Fund financial statements can be found on pages 27 and 28. 5 Notes to the financial statements. The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to the financial statements can be found on pages 29 through 54 of this report. Other information. In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City's progress in funding its obligation to provide pension benefits to its employees. Required supplementary information can be found on page 55 of this report. Government-wide Financial Analysis Net Assets. As noted earlier, net assets may serve over time as a useful indicator of a government's financial position. In the case of the City, assets exceeded liabilities by $242,131 ,704 at the close of the most recent fiscal year. A significant portion of the City's net assets (44%) reflects its investment in capital assets (e.g., land, buildings, machinery, and equipment), less any related debt that is still outstanding. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. City of Boynton Beach Net Assets (in thousands) Governmental Business-type activities activities Total 2004 2003 2004 2003 2004 2003 Current and other assets $ 55,886 $ 46,188 $ 99,005 $ 104,486 $ 154,891 $ 150,674 Capital assets 42,300 35,699 127,408 120,056 169,708 155,755 Total assets 98,186 81,887 226,413 224,542 324,599 306,429 Long-term liabilities outstandinQ 23,897 15,118 42,771 44,322 66,668 59,440 Other liabilities 8,141 8,473 7,658 5,122 15,799 13,595 T otalliabilities 32,038 23,591 50,429 49,444 82,467 73,035 Net assets: Invested in capital assets, net of related debt 30,761 28,209 84,7 68 74,226 115,529 1 02,435 Restricted 37,272 28,716 37,272 28,716 Unrestricted 35,387 30,087 53,944 72,156 89,331 102,243 Total net assets $ 66,148 $ 58,296 $175,984 $ 175,098 $242,132 $ 233,394 An additional portion of the City's net assets (15%) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net assets ($89,331,426) may be used to meet the City's ongoing obligations to citizens and creditors. At the end of the current fiscal year, the City is able to report positive balances in all three categories of net assets, both for the government as a whole, as well as for its separate governmental and business-type activities. 6 Governmental activities. Governmental activities increased the City's net assets by $7,852,131, thereby accounting for 91 % of the total growth in the net assets of the City. City of Boynton Beach Change in Net Assets (in thousands) Governmental Business-type activities activities Total 2004 2003 2004 2003 2004 2003 Revenues: Proaram revenues: CharQes for services $ 16,563 $ 10.823 $35.853 $ 34,764 $ 52.416 $ 45.587 Ooeratina arants and contributions 4,503 4,598 805 5.308 4.598 Capital qrants and contributions 1.022 943 5,160 5.883 6,182 6.826 General revenues: Prooerty taxes 22.996 21,533 22.996 21.533 Other taxes 15,344 16,184 15,344 ]6.184 Other 2,464 1.129 1,255 2.085 3,719 3.214 Total revenues $ 62,892 $ 55,210 $ 43.073 $ 42.732 $ 105.965 $ 97,942 Expenses: General Qovernment 13.681 10.920 13.681 10.920 Public safety 32.919 28,882 32.9]9 28,882 Public works 1.350 1.565 1,350 ].565 Economic environment 1.668 1.552 1.668 1.552 Culture and recreation 9.329 8.662 9.329 8.662 Interest on lonq-term debt 654 672 2,352 2.519 3.006 3,191 Water and sewer fund 24.417 22,200 24.4] 7 22,200 Sanitation fund 7.322 5,798 7,322 5,798 Other enterprise funds 2.637 2.435 2.637 2.435 Total expenses $ 59,601 $ 52.253 $ 36.728 $ 32,952 $ 96,329 $ 85.205 Increase in net assets before transfers 3,291 2.957 6,345 9,780 9.636 12.737 Chanqe in value of ioint venture 1898\ 1898\ Transfers 4.561 4.557 14.561\ 14.457) Increase in net assets 7.852 7,514 886 5,223 8,738 12.737 Net assets at beqinninq of year 58,296 50,782 175.098 169,875 233,394 220,657 Net assets at end of year $ 66.148 $ 58.296 175,984 $ 175.098 $ 242.132 $ 233.394 7 Expenses by Source - Governmental Activities Culture and recreation 15% Interest on long- term debt 1% General government 23% Economic environment 3% Public works 2% Public safety 56% ************************************************************************************** Revenues by Source - Governmental Activities Other 4% Other taxes 24% Charges for services 26% Operating grants 7% Property taxes 37% Capital grants 2% 8 Business-type activities. Business-type activities increased the City's net assets by $885,391, thereby accounting for 10% of the total growth in the net assets of the City. Expenses by Source - Business-type Activities Other enterprise funds 7% Interest on long-term debt 6% Sanitation fund 20% Water and sewer 67% ************************************************************************************** Revenues by Source - Business-type Activities Capital grants 12% Other 3% Operating grants 2% Charges for services 83% 9 Financial Analysis of the City of Boynton Beach's Funds As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. Governmental funds. The fund financial statements for the nonmajor governmental funds are provided on pages 56 through 68. The focus of the City's governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City's governmental funds reported combined ending fund balances of $39,945,166, an increase of $5,958,931, in comparison with the prior year. Almost the entire amount of the combined ending fund balances ($39,911,736) constitutes unreserved fund balance, which is available for spending at the government's discretion. Approximately 62% of this amount ($24,871,411) constitutes unreserved designated fund balance, which is an indication of the government's intended use of a portion of the unreserved fund balance. The remaining amount of fund balance ($33,430) is reserved to indicate that it is not available for new spending because it has already been committed for a variety of other restricted purposes. The general fund is the chief operating fund of the City. At the end of the current fiscal year, unreserved fund balance of the general fund was $15,884,488, while the total fund balance reached $15,916,349. Of the unreserved fund balance of the general fund, 1) $1,658,400 was designated for subsequent years expenditures (included in the 2004-2005 budget), 2) $63,135 was designated for specific purposes and projects, 3) $5,603,584 was designated for emergency, as per City ordinance and 4) $8,559,369 was available for new spending. As a measure of the general fund's liquidity, it may be useful to compare both unreserved fund balance and total fund balance to total fund expenditures. Unreserved fund balance represents 32% of total general fund expenditures, while total fund balance represents 32%, as well, of that same amount. Reserved fund balance totaled $31,861. The fund balance of the City's general fund increased by $2,360,407 during the fiscal year. This is to be compared with a budgeted decrease of $1,838,624. Key factors in the $4,199,031 positive difference between actual and budgeted are as follows: .:. Tax revenues were lower than anticipated .:. Licenses and permit revenues were higher than anticipated .:. Intergovernmental revenues were higher than anticipated .:. Interest revenue was lower than anticipated .:. Charges for services & other revenues were greater than anticipated .:. Total revenues were higher than anticipated by .:. General government expenditures were lower than anticipated .:. Culture and recreation expenditures were lower than anticipated .:. Public safety expenditures were greater than anticipated .:. Other departmental expenditures were lower than anticipated Total departmental expenditures were higher than anticipated by .:. Net other financing sources were lower than budgeted Total difference in net change in fund balance between Budget and actual 10 $ (509,000) 3,483,000 1,143,000 (616,000) 821 ,000 4 ,322,000 161,000 320,000 (736,000) 134,000 (121,000) (2,000) $ 4.199.000 Proprietary funds. The City's proprietary funds provide the same type of information found in the government-wide financial statements, but in more detail. Unrestricted net assets of the water and sewer fund amounted to $55,724,370, those for the municipal golf course amounted to $548,664, the sanitation fund amounted to $400,101, and the mass transit fund at the end of the year amounted to, and $43,907. The total growth (reduction) in net assets for these funds was $2,048.782, $(29,388), $204,357, and $( 16,224) respectively. Other factors concerning the finances of these funds have already been addressed in the discussion of the City's business-type activities. General Fund Budgetary Highlights Differences between the original budget and the final amended budget were relatively minor and can be summarized as follows: Mayor and commission Human resources City attorney Planning and zoning Facilities management City hall general administrative Protective inspections Streets maintenance Recreation Parks Capital Asset and Debt Administration Oriainal $ 195,867 595.423 417,361 788.449 1,378,031 1,]89.456 2.434,692 966,193 2,290,558 3,323,144 Budqet Final $ 206,217 648,563 427,361 788,325 1,386.781 1.029,106 2.457,021 957.443 2,307,213 3,371,]44 Increase {Decrease} $ 10 ,350 53,140 10,000 (124) 8,750 ( 160,350) 22,329 (8.750) 16,655 48,000 $ Capital assets. The City's investment in capital assets for its governmental and business- type activities as of September 30, 2004, amounts to $170,807,554 (net of accumulated depreciation). This investment in capital assets includes land, buildings, improvements, machinery and equipment, park facilities, and streets (with the exception of certain infrastructure of the governmental activities acquired prior to October 1, 2002, which is not reported). GASB Statement No. 34 requires infrastructure acquired prior to October 1, 2002 to be reported by the fiscal year ending September 30, 2007. The total increase in the City's investment in capital assets for the current fiscal year was ten percent (a twenty-one and one-half percent increase for governmental activities and a six percent increase for business-type activities). Major capital asset events during the current fiscal year included the following: .:. The purchase of land, for a fifth fire station in the northeast quadrant of the City, for $4,240,000. .:. The purchase of land, for a new park (Jaycee Park) in the southeast quadrant of the City, for $3.420,000. .:. The completion of phase" renovations of the Senior Center, for $178,000. 11 City of Boynton Beach Capital Assets (net of depreciation in thousands) Governmental Business-type Activities Activities Total 2004 2003 2004 2003 2004 2003 Land $ 13,292 $ 5,534 $ 4,159 $ 4,159 $ 17,451 $ 9,693 BuildinQs and improvements 13,391 13,449 54,4 72 56,061 67,863 69,510 Machinery and eauioment 11,623 13,352 7,037 3,863 18,660 17,215 Infrastructure 1,673 1,591 57,427 53,099 59,100 54,690 Construction in Proaress 2,321 1,773 4,313 2,874 6,634 4,647 Total $ 42,300 $ 35,699 $ 127,408 $ 120,056 $ 169,708 $ 155,755 Additional information on the City's capital assets can be found in Note 3 on pages 41 and 42 of this report. Long-term debt. At the end of the current fiscal year, the City had total debt outstanding of $62,907,744. Of this amount $2,097,154 is a general obligation note payable. The remainder of the debt, $60,810,590, represents bonds secured solely by specified revenue sources (i.e., revenue bonds). City of Boynton Beach Bonded Debt and Note Payable (in thousands) Governmental Business-type Activities Activities Total 2004 2003 2004 2003 2004 2003 Revenue bonds $ 18,171 $ 9,450 $ 42,640 $ 43,968 $ 60,811 $ 53,418 Note payable 2,097 3,033 2,097 3,033 Total bonds and note $ 20,268 $ 12,483 $ 42,640 $ 43,968 $ 62,908 $ 56,451 The City's bonded debt and note payable increased by $6,456,962, or 11 % during the current year. The increase is due to the City's issuance, in August 2004, of $17,540,000 of new public service tax refunding revenue bond debt, a portion of which was used to advance refund $7,985,000 of outstanding Series 1993 public service tax revenue bonds. The remaining bond proceeds, net of bond issuance cost, are reduced by the scheduled principal payments that were due on all outstanding debt. All bonds of the City maintain a "AAA" rating from Standard & Poor's and a "Aaa" from Moody's Investors Services, Inc. Additional information on the City's long-term debt can be found in Note 3 on pages 43 to 48 of this report. 12 Economic Factors and Next Year's Budgets and Rates .:. Based on information obtained from the U.S. Department of Labor, Bureau of Labor Statistics, the national unemployment rate at the end of 2004 stood at 5.1 % compared to 5.5% at the end of 2003. Comparing favorably to that is the unemployment rate for Palm Beach County, which was 4.6% at the end of 2004 compared to 4.8% for the same period in 2003. The State of Florida was at 4.5% at the end of 2004 and 4.7% in 2003. .:. Inflationary trends in the region on average for fiscal year 2004 were substantially the same as similar national indices (Le. Consumer Price Index). All of these factors were considered in preparing the City's budget for the 2004/2005 fiscal year. During the current fiscal year, unreserved fund balance in the General Fund increased to $15.9 million. The City has appropriated $1.7 million of this amount for spending in the 2004/2005 fiscal year budget. Requests for Information This financial report is designed to provide a general overview of the City's finances for all those with an interest in the government's finances. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the: Office of the Director of Financial Services 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Phone: (561) 742-6310 ~Of Rnoncial Services City of Boynton Beach, Florida 13 City of Boynton Beach, Florida Statement of Net Assets September 30, 2004 Component Primary Government Unit Community Governmental Business-type Redevelopment Activities Activities Total Agency ASSETS Pooled cash and investments $ 48.646,462 $ 38.650,307 $ 87,296.769 $ 3,972,574 Investments 1,000,000 1.000,000 Receivables. net 311,797 2.262,409 2,574,206 221,887 Due from fiduciary funds 228,257 228.257 Due from other governments 2,333,585 805,000 3.138,585 Internal balances 2.772.945 (2.772,945) Prepaid items 102.037 3.919 105.956 1,027 Inventories 801,198 54.247 855,445 Net pension asset 417,014 417,014 Investment in joint venture 17 .232,813 17.232.813 Deferred charges 272,900 396.779 669.679 Restricted assets - pooled cash and investments 41,372,262 41,372,262 Capital assets not being depreciated 15.612.947 8,472,498 24,085,445 Capital assets net of accumulated depreciation 26.687.005 118.935,104 145,622,109 1.330,578 Total assets 98,186.147 226.412,393 324,598.540 5.526,066 LIABILITIES Accounts payable and accrued liabilities 2,186.219 2,323,090 4,509,309 274,213 Accrued interest payable 333,872 333,872 4.793 Refundable deposits 377,621 303,424 681,045 Other payables 237,246 749,584 986.830 Unearned revenue 1.867,045 1,867.045 Liabilities payable from restricted assets: Customer deposits 1.270.247 1.270,247 Bonds payable 1,730,000 1,730,000 Accrued revenue bond interest 977,787 977,787 Other payables 122,497 122,497 Noncurrent liabilities: Due within one year: Bonds and notes payable 1.509.790 1.509,790 145,708 Compensated absences 553.080 181.241 734.321 Provision for insurance losses 1.076,317 1.076.317 Due in more than one year: Bonds and notes payable 18.757,968 40,909.986 59,667,954 2,470,669 Compensated absences 3,701,380 1.212,920 4.914,300 14,468 Provision for insurance losses 1,437,349 1,437,349 Other payables 648,173 648,173 Total liabilities 32,037.887 50,428,949 82,466,836 2,909,851 NET ASSETS Invested in capital assets. net of related debt 30,760,931 84,767.616 115,528,547 1.330,578 Restricted for: Capital improvements 23,054.843 23.054.843 Revenue bonds covenants 14.216.888 14.216.888 Unrestricted 35,387.329 53.944.097 89.331.426 1.285.637 Total net assets $ 66.148.260 $ 175.983.444 $ 242,131,704 $ 2.616,215 The notes to the financial statements are an integral part of this statement. 14 Functions/Programs Primary government: Governmental activities: General government Public safety Public works Economic environment Culture and recreation Interest on long-term debt Total governmental activities Business-type activities: Water and sewer Sanitation fund Other enterprise funds Total business-type activities Total primary government Component unit Community redevelopment agency City of Boynton Beach, Florida Statement of Activities For the Year Ended September 30, 2004 Program Revenues Expenses Charges for Services, Fees Fines and Forfeitures Capital Grants and Contributions Operating Grants and Contributions $ 13,681,107 $ 9,600,494 $ $ 40,780 32,919,033 4,788,703 3,011,598 127,907 1,350,192 1,667,440 146,360 1,381,005 9,329,249 2,027,172 110,524 853,492 653,647 59,600,668 16,562,729 4,503,127 1,022,179 26,768,722 26,572,657 805,000 5,160,126 7,322,559 6,859,994 2,636,977 2,420,514 36,728,258 35,853,165 805,000 5,160,126 $ 96,328,926 $ 52,415,894 $ 5,308,127 $ 6,182,305 $ 3,268,867 $ $ $ General Revenues: Property taxes Tax increment Franchise taxes Public service taxes Communications services tax Sales tax Gas tax State revenue sharing not restricted to specific programs Interest Other Change in value of joint venture Transfers Total general revenue and transfers Change in net assets Net assets, October 1, 2003 Net assets, September 30, 2004 15 Net (Expense) Revenue and Change in Net Assets Primary Government Component Unit Governmental Activities Business-type Activities Total Community Redevelopment Agency $ (4,039,833) $ $ (4,039,833) $ (24,990,825) (24,990,825) (1,350,192) (1,350,192) (140,075) (140,075) (6,338,061 ) (6,338,061) (653,647) (653,647) (37,512,633) (37,512,633) 5,769,061 5,769,061 (462,565) (462,565) (216,463) (216,463) 5,090,033 5,090,033 $ (37,512,633) $ 5,090,033 $ (32,422,600) $ $ $ $ $ (3,268,867) $ 22,995,830 $ $ 22,995,830 $ 2,517,635 5,764,094 5,764,094 1,767,298 1,767,298 1,715,356 1,715,356 4,786,748 4,786,748 1,310,648 1,310,648 1,612,302 1,612,302 744,878 1,241,717 1,986,595 71,645 107,070 11,861 118,931 (897,680) (897,680) 4,560,540 (4,560,540) 45,364,764 (4,204,642) 41,160,122 2,589,280 7,852,131 885,391 8,737,522 (679,587) 58,296,129 175,098,053 233,394,182 3,295,802 $ 66,148,260 $ 175,983,444 $ 242,131,704 $ 2,616,215 The notes to the financial statements are an integral part of this statement. 16 City of Boynton Beach, Florida Balance Sheet Governmental Funds September 30, 2004 Capital Other Total General Improvements Governmental Governmental Fund Fund Funds Funds ASSETS Pooled cash and investments $ 15,983,967 $ 11,055,411 $ 14,428,454 $ 41,467,832 Receivables, net 282,925 19,055 301,980 Due from other funds 883,356 883,356 Due from fiduciary funds 228,257 228,257 Due from other 90vernments 1 ,273,284 1,060,301 2,333,585 Other receivables 9,817 9,817 Prepaid items 31,861 31,861 Inventories 1,569 1,569 Total assets $ 18,683,650 $ 11,055,411 $ 15,519,196 $ 45,258,257 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable $ 467,133 $ 95,881 $ 170,850 $ 733,864 Accrued expenses 1,166,063 47,896 1,213,959 Due to other funds 883,356 883,356 Refundable deposits 361,385 16,236 377,621 Other payables 232,026 5,220 237,246 Unearned revenue 772,720 1,094,325 1,867,045 Total liabilities 2,767,301 327,907 2,217,883 5,313,091 Fund balances: Reserved for/reported in: Prepaid items 31,861 31,861 Special revenue funds 1,569 1,569 Unreserved, designated for/reported in: Designated for specific purposes and projects 63,135 10,727,504 10,790,639 Designated for subsequent year's expenditures 1,658,400 1,658,400 Designated for emergency 5,603,584 5,603,584 Capital projects funds 3,687,625 3,687,625 Special revenue funds 1,543,021 1,543,021 Debt service funds 1,588,142 1,588,142 Unreserved, undesignated, reported in: General fund 8,559,369 8,559,369 Special revenue funds 6,480,956 6,480,956 Total fund balances 15,916,349 10,727,504 13,301,313 39,945,166 Total liabilities and fund balances $ 18,683,650 $ 11,055,411 $ 15,519,196 $ 45,258,257 The notes to the financial statements are an integral part of this statement 17 City of Boynton Beach, Florida Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets September 30, 2004 Fund balances - total governmental funds Amounts reported for govemmental activities in the statement of net assets are different because: Capital assets used in govemmental activities are not financial resources and, therefore, are not reported in the funds. Net pension assets of defined benefit plans are reported in the statement of net assets. Because these do not represent available, spendable resources, they are not reported in govemmental funds Governmental funds report debt issuance costs as an expenditure when those costs are first incurred because they require the use of current financial resources. However, debt issuance costs must be induded as a deferred charge in the government-wide financial statements Governmental funds do not report a liability for accrued interest until it is due and payable. Accrued interest must be reported as a liability in the government-wide financial statements. Internal service funds are used by management to charge the costs of fleet management, risk management, and the warehouse to individual funds. The assets and liabilities of the intemal service funds are included in governmental activities in the statement of net assets. Long-term liabilities, including bonds payable and compensated absences, are not due and payable in the current period and therefore are not reported in the governmental funds. At year end these liabilities consisted of: Bonds and notes payable Compensated absences $ (20,267,758) (4,108,490) Consolidation adjustment to Enterprise Funds for Internal Service Funds look-back Net assets of governmental activities The notes to the financial statements are an integral part of this statement 18 $ 39,945,166 36,333,518 417,014 272,900 (333,872) 11,116,837 (24,376,248) 2,772,945 $ 66,148,260 City of Boynton Beach, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances Governmental Funds For the Year Ended September 30, 2004 Capital Other Total General Improvements Governmental Governmental Fund Fund Funds Funds REVENUES Taxes $ 28,208,605 $ $ 6,619,251 $ 34,827,856 Licenses and permits 6,648,957 6,648,957 Intergovernmental 9,535,466 2,814,026 12,349,492 Charges for services 2,791,326 1,325,081 4,116,407 Special assessments 2,310,637 2,310,637 Fines and forfeitures 236,278 220,671 456,949 Rents and royalties 204,178 204,178 Interest 344,455 150,403 187,608 682,466 Donations 874,822 874,822 Miscellaneous 191,086 42,590 233,676 Total revenues 48,160,351 150,403 14,394,686 62,705,440 EXPENDITURES Current: General government 10,372,267 309,028 444,533 11,125,828 Public safety 30,131,188 15,772 1,927,424 32,074,384 Public works 1,154,696 16,735 848 1,172,279 Economic environment 141,363 1,361,160 1,502,523 Culture and recreation 6,907,570 196,922 1,545,954 8,650,446 Capital outlay 477,515 8,404,046 2,318,601 11,200,162 Debt service: Principal retirement 2,401,200 2,401,200 Interest Charges 602,756 602,756 Bond issuance costs 280,697 280,697 Advanced refunding escrow 1,593,052 1,593,052 Total expenditures 49,184,599 8,942,503 12,476,225 70,603,327 Revenues over (under) expenditures (1,024,248) (8,792,100) 1,918,461 (7,897,887) OTHER FINANCING SOURCES (USES) Transfers in 4,306,800 13,667,553 479,298 18,453,651 Transfers out (922,145) (44,289) (15,420,856) (16,387,290) Refunding bonds issued 17,540,000 17,540,000 Refunding bonds premium 832,794 832,794 Payment to refunded bond escrow agent (6,582,337) (6,582,337) Total other financing sources and uses 3,384,655 13,623,264 (3,151,101) 13,856,818 Net change in fund balances 2,360,407 4,831,164 (1,232,640) 5,958,931 Fund balances, October 1, 2003 13,555,942 5,896,340 14,533,953 33,986,235 Fund balances, September 30,2004 $ 15,916,349 $ 10,727,504 $ 13,301,313 $ 39,945,166 The notes to the financial statements are an integral part of this statement 19 City of Boynton Beach, Florida Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities For the Year Ended September 30, 2004 Net change in fund balances - Total Governmental Funds Difference in amounts reported for Governmental Activities in the Statement of Activities: Capital outlay, reported as expenditures in Governmental Funds, are shown as capital assets in the Statement of Net Assets. Depreciation expenses on governmental capital assets included in the Governmental Activities in the Statement of Activities. Net cost of capital asset dispositions. Changes in the net pension asset are reported in the statement of activities, but are not reported in the governmental funds because they have no effect on current financial resources. The issuance of long-term debt (e.g., bonds, leases) provides current financial resources to governmental funds while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds. Neither transaction, however, has any effect on net assets. Also, governmental funds report the effect of issuance costs, premiums, discounts, and similar items when debt is first issued, whereas these amounts are deferred and amortized in the statement of activities. Issuance of new refunding bonds Refunding bonds premium Repayment of long-term debt Bond issuance costs Payment to escrow agent for refunding Advanced refunding escrow Governmental funds report certin debt related items as revenues and expenditures when those items are first incurred because they provide or require the use of current financial resources. However, these items must be amortized over the life of related bond issues when reported on the Statement of Activities. Amortization of debt issuance costs Amortization of deferred charges on refunding Amortization of bond premium Payment of accrued interest is an expenditure in the Govemmental Funds, but is a reduction of liabilities in the Statement of Net Assets. Payment of compensated absences is reported as an expenditure in Governmental Funds, but is a reduction of long-term liabilities in the Statement of Net Assets. The net revenues of the Internal Service Funds are reported with Governmental Activities. Consolidation adjustment to Governmental Activities for Intemal Service Funds look-back Nonoperating revenue Transfers from Business-type Activities to Internal Service Funds Elimination of transfers to Internal Service Funds from Governmental Activities Changes in net assets of Governmental Activities $ (17,540,000) (832,794) 2,401,200 280,697 6,582,337 1,593,052 $ (7,797) (11,333) 23,133 The notes to the financial statements are an integral part of this statement 20 $ 5,958,931 11,200,162 {3,431 ,557) (196,172) 417,014 (7,515,508) 4,003 (62,691 ) (157,451) (1,045,598) 186,819 1,545,000 949,179 $ 7,852,131 City of Boynton Beach, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - General Fund For the Year Ended September 30, 2004 Variance with Final Budget - Budgeted Amounts Positive Original Final Actual (Negative) REVENUES Taxes $ 28,718,061 $ 28,718,061 $ 28,208,605 $ (509,456) Licenses and permits 3,165,489 3,165,489 6,648,957 3,483,468 Intergovernmental 7,194,690 7,194,690 8,337,402 1,142,712 Charges for services 2,225,676 2,225,676 2,791,326 565,650 Fines and forfeitures 175,000 175,000 236,278 61,278 Rents and royalties 57,750 57,750 204,178 146,428 Interest 960,200 960,200 344,455 (615,745) Miscellaneous 143,561 143,561 191,086 47,525 Total revenues 42,640,427 42,640,427 46,962,287 4,321,860 EXPENDITURES General government: Mayor and commission 195,867 206,217 201,370 4,847 City manager 451,761 451,761 454,839 (3,078) Public affairs 164,746 164,746 125,102 39,644 Special events 217,462 217,462 196,610 20,852 City clerk 429,528 429,528 443,302 (13,774) Financial services 721,056 721,056 711,309 9,747 Procurement services 247,048 247,048 237,706 9,342 Information technology 1,686,880 1,686,880 1,485,030 201,850 Geographical information services 517,225 517,225 276,875 240,350 Human resources 595,423 648,563 652,246 (3,683) Professional development 244,268 244,268 215,029 29,239 City attorney 417,361 427,361 500,756 (73,395) Planning and zoning 788,449 788,325 719,569 68,756 Facilities management 1,378,031 1,386,781 1 ,405,150 (18,369) City hall general administrative 1,189,456 1,029,106 1,477,721 (448,615) Communications 1,551,493 1,551,493 1,454,170 97,323 Total general government 10,796,054 10,717,820 10,556,784 161,036 Public safety: Police 15,139,905 15,139,905 15,453,164 (313,259) Fire 9,666,972 9,666,972 10,228,091 (561,119) Protective inspections 2,434,692 2,457,021 2,312,045 144,976 Occupational licenses 198,650 198,650 217,316 (18,666) Code compliance 725,314 725,314 725,582 (268) Animal control 159,297 159,297 146,716 12,581 Total public safety 28,324,830 28,347,159 29,082,914 (735,755) (Continued) 21 City of Boynton Beach, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - General Fund For the Year Ended September 30, 2004 Variance with Final Budget - Budgeted Amounts Positive Original Final Actual (Negative) Public works: Administration $ 261,478 $ 261,478 $ 276,414 $ (14,936) Streets maintenance 966,193 957,443 878,282 79,161 Total public works 1,227,671 1,218,921 1,154,696 64,225 Economic environment: Neighborhood projects 211,359 211,359 141,363 69,996 Total economic environment 211,359 211,359 141,363 69,996 Culture and recreation: Library 1,692,235 1,692,235 1,609,288 82,947 Recreation 2,290,558 2,307,213 2,249,167 58,046 Parks 3,323,144 3,371,144 3,192,323 178,821 Total culture and recreation 7,305,937 7,370,592 7,050,778 319,814 Total expenditures 47,865,851 47,865,851 47,986,535 (120,684) Revenues over (under) expenditures (5,225,424) (5,225,424) (1,024,248) 4,201,176 OTHER FINANCING SOURCES (USES) Transfers in 4,306,800 4,306,800 4,306,800 Transfers out (920,000) (920,000) (922,145) (2,145) Total other financing sources and uses 3,386,800 3,386,800 3,384,655 (2,145) Net change in fund balances $ (1,838,624) $ (1,838,624) $ 2,360,407 $ 4,199,031 The notes to the financial statements are an integral part of this statement 22 City of Boynton Beach, Florida Statement of Net Assets Proprietary Funds September 3D, 2004 Governmental Business-Type Activities - Enterprise Funds Activities - other Internal Water and Sanitation Enterprise Service Sewer Fund Fund Funds Total Funds ASSETS Current assets: Pooled cash and investments $ 36,710,905 $ 1,165,020 $ 774,382 $ 38.650,307 $ 7.178,630 Investments 1,000,000 1,000.000 Accounts receivable, net 1,762,365 496,727 3.317 2,262,409 Due from other governments 100.000 630,000 75,000 805,000 Due from other funds 645,121 Prepaid items 728 3,191 3,919 70,176 Inventories 54.247 54,247 799,629 Restricted pooled cash and investments: Customer deposits 1,270.247 1,270.247 Revenue bond covenant accounts 16,924,675 16.924,675 Capital improvements 23,141,761 23,141,761 Federal requirement - landfill escrow 35,579 35.579 Tolal restricted pooled cash and investments 41,336,683 35,579 41,372,262 T alai current assets 80,910,681 2,327,326 910,137 84,148,144 8,693,556 Noncurrent assets: Deferred charges, net 396,779 396.779 Investment in joint venture 17,232,813 17,232,813 CapRal assets not being depreciated 7,116,031 1,356,467 8,4 72,498 33,166 Capital assets net of accumulated depreciation 117 ,445,301 80,772 1,409,031 118.935,104 5,933,268 T alai assets 223,101,605 2,408,098 3.675,635 229.185.338 14.659,990 LIABILITIES CurrentliabilRies: Accounts payable 546,641 1,283,904 135,847 1,966,392 205,154 Accrued expenses 248,218 71.189 37.291 356,698 33,242 Provision for insurance losses, current portion 1,076,317 Contracts payable 749,584 749,584 Refundable deposRs 303,424 303,424 Compensated absences payable 122,392 40,073 18,776 181,241 18,976 Due to other funds 645,121 1,970,259 1,395,166 191,914 3,557.339 1.978.810 Current liabilities payable from restricted assets: Customer deposRs 1,270,247 1,270,247 Revenue bonds, current maturities 1,730,000 1.730,000 Accrued revenue bond interest 977,787 977,787 Contracts payable 86,918 86,918 Current portion of landfill postclosure care 35,579 35,579 4,064.952 35,579 4,100,531 Total current liabilities 6.035,211 1.430,745 191,914 7,657,870 1,978,810 NoncurrentliabilRies: Revenue bonds payable, less current maturRies and unamortized loss on defeasance, plus unamortized premium 40,909,986 40,909,986 Compensated absences payable 819,087 268,181 125,652 1,212,920 126,994 Arbitrage rebate payable 419,874 419,874 Provision for insurance losses, less current portion 1,437.349 Landfdl postclosure care, less current portion 228,299 228,299 42,148.947 496,480 125,652 42,771,079 1,564,343 T otalliabilities 48,184,158 1,927,225 317,566 50,428,949 3.543,153 NET ASSETS Invested in capital assets, net of related debt 81,921,346 80,772 2.765,498 84.767,616 5.966,434 Restricted for: CapRal improvements 23.054,843 23,054.843 Revenue bonds covenants 14,216,888 14,216,888 Unrestricted 55,724,370 400,101 592,571 56,717,042 5,150,403 Total net assets $ 174,917,447 $ 480,873 $ 3,358,069 $ 178,756,389 $ 11,116,837 The notes to the financial statements are an integral part of this statement 23 City of Boynton Beach, Florida Statement of Revenues, Expenses and Changes in Fund Net Assets Proprietary Funds For the Year Ended September 30, 2004 Governmental Business-Type Activities - Enterprise Funds Activities - Other Internal Water and Sanitation Enterprise Service Sewer Fund Fund Funds Total Funds Operating revenues: Charges for services: Water sales $ 11,712,636 $ $ $ 11,712,636 $ Sewer service 11,665,629 11,665,629 Garbage fees 6,859,994 6,859,994 Stormwater utility fees 3,194,392 3,194,392 Cart and green fees 1,664,707 1,664,707 Dues 209,814 209,814 Transportation fees 14,281 14,281 Other services 531,712 531,712 4,297,679 Total operating revenues 26,572,657 6,859,994 2,420,514 35,853,165 4,297,679 Operating expenses: Personal services and benefits 8,559,366 2,505,902 1,496,321 12,561,589 1,072,357 Supplies, services and claims 8,836,695 3,877,509 873,932 13,588,136 3,400,736 Depreciation and amortization 6,615,458 49,973 213,184 6,878,615 2,192,320 24,011,519 6,433,384 2,583,437 33,028,340 6,665,413 Operating income (loss) 2,561,138 426,610 (162,923) 2,824,825 (2,367,734) Nonoperating revenues (expenses): Intergovernmental revenue 100,000 630,000 75,000 805,000 Interest income 1,223,082 6,595 12,040 1,241,717 85,009 Interest expense (2,352,362) (2,352,362) Change in equity in joint venture (897,680) (897,680) Loss on disposal of capital assets (5,950) (19,470) (25,420) (29,660) Miscellaneous income 11,861 11,861 131,470 (1,932,910) 636,595 79,431 (1,216,884) 186,819 Income (loss) before contributions and transfers 628,228 1,063,205 (83,492) 1,607,941 (2,180,915) Capital contributions 5,160,126 5,160,126 Transfers: Transfers in 287,228 7,260 170,140 464,628 2,494,179 Transfers out (4,026,800) (866,108) (132,260) (5,025,168) (3,739,572) (858,848) 37,880 (4,560,540) 2,494,179 Change in net assets 2,048,782 204,357 (45,612) 2,207,527 313,264 Net assets, October 1, 2003 172,868,665 276,516 3,403,681 176,548,862 10,803,573 Net assets, September 30, 2004 $ 174,917,447 $ 480,873 $ 3,358,069 $ 178,756,389 $ 11,116,837 The notes to the financial statements are an integral part of this statement 24 City of Boynton Beach, Florida Reconciliation of the Enterprise Funds Financial Statements to the Government-Wide Business-Type Activities Financial Statements As of and For the Year Ended September 30,2004 Reconciliation of the Statement of Net Assets of Enterprise Funds to the Government-wide Statement of Net Assets Net assets - Enterprise Funds Adjustments to reflect the consolidation of internal service fund activities related to enterprise funds Cumulative prior year adjustments Current year adjustment Net assets of Business-type Activities, Statement of Net Assets Reconciliation of the Statement of Revenues, Expenses, and Changes in Fund Net Assets of Enterprise Funds to the Government-Wide Statement of Activities Change in net assets - Enterprise Funds Difference in amounts reported for Business-type Activities in the Statement of Activities: The net revenues of the Internal Service Funds are reported with Governmental Activities. This is the consolidation adjustment to Enterprise Funds for Internal Service Funds look-back. Changes in net assets of Business-type Activities The notes to the financial statements are an integral part of this statement 25 $ 178,756,389 (1,450,809) (1,322,136) $ 175,983,444 $ 2,207,527 (1,322,136) $ 885,391 City of Boynton Beach. Florida Statement of Cash Flows Proprietary Funds For the Year Ended September 30,2004 Governmenta I Business-Type Activities. Enterprise Funds Activities - Other Internal Water and Sanitation Enterprise Service Sewer Fund Fund Funds Total Funds Cash Flows From Operating Activities Receipts from customers and users $ 26,371,800 $ 6,859,994 S 2,420,698 $ 35,652,492 $ Receipts from interfund services provided 4.297,983 Payments to suppliers (7.570,244) (1,925,779) (688,133) (10,184,156) (3,454.952) Payments to employees (8,404,432) (2,355,486) (1,488,065) (12,247.983) (1.033.768) Payments for interfund services used (1,032,774) (908.213) (86.991) (2.027,978) Net cash provided by (used in) operating activities 9,364,350 1,670.516 157.509 11.192,375 (190,737) Cash Flows From Noncapltal Financing Activities Transfers in 287,228 7,260 170.140 464,628 2,494.179 Transfers out (4,026.800) (866,108) (132,260) (5,025,168) Net cash provided by (used in) noncapital financing acUvities (3,739,572) (858.848) 37.880 (4.560,540) 2,494.179 Cash Flows From Capital and Related Financing Activities Investment in joint venture (352,673) (352,673) Acquisition of capital assets (10,010,895) (43,099) (276.371 ) (10.330,365) (1,451.956) Proceeds from sale of capital assets 27,235 27,235 201.331 Capital contributions 3.253,620 3,253.620 Principal payments on revenue bonds (1,415,000) (1,415,000) Interest payments on revenue bonds (2.380,733) (2,380.733) Other proceeds 11,861 11,861 131,470 Net cash (used in) capital and related financing activities (10.878,446) (43,099) (264,510) (11,186,055) (1.119.155) Cash Flows From Investing Activities Interest received 1,168,802 6,595 12.040 1.187,437 85.009 Proceeds from sale of investments 500,000 500,000 Net cash provided by investing activities 1,668,802 6,595 12.040 1.687,437 85.009 Increase (decrease) in cash and cash equivalents (3,584,866) 775,164 (57,081) (2.866,783) 1,269,296 Cash and cash equivalents. October 1, 2003 81,632,454 425,435 831,463 82,889,352 5.909,334 Cash and cash equivalents, September 30, 2004 $ 78,047,588 $ 1,200,599 $ 774.382 $ 80,022.569 $ 7,178,630 Reconciliation of Operating Income (Loss) to Net Cash Provided by (Used in) Operating Activities: Operating income (loss) $ 2.561,138 $ 426,610 $ (162.923) $ 2,824.825 $ (2,367.734) Adjustments to reconcile operating income (loss) to net cash provided by (used in) operating activities: Depreciation and amortization 6,615,458 49,973 213,184 6.878.615 2,192.320 Provision for doubtful accounts 22,960 22,960 Changes in operating assets and liabilities: Accounts receivable (292.583) (84,070) (184) (376,837) 304 Prepaid items 13,427 1,344 1.013 15.784 64,821 Inventories 5,770 5.770 (101.203) Accounts payable 220,250 1,161.822 92.393 1,474,465 56.587 Accrued expenses 75,434 22,099 8,146 105.679 13,121 Refundable deposits 31,485 31,485 Landfill postdosure care (35,579) (35.579) Provision for insurance losses (74,421) Customer deposits 37.281 37,281 Compensated absences payable 79,500 128,317 110 207,927 25,468 Total adjustments 6,803.212 1,243,906 320,432 8,367,550 2,176,997 Net cash provided by (used in) operating activities $ 9,364,350 $ 1,670,516 $ 157,509 S 11,192,375 $ (190,737) Noncash Investing, capital and financing actlvltes: Contributions of capital assets $ 1,906,506 $ $ $ 1.906,506 $ Change in equity in joint venlure (897.680) (897.680) Loss on disposal of capital assets 5,950 19,470 25,420 29,660 The notes to the financial statements are an integral part of this statement 26 City of Boynton Beach, Florida Statement of Fiduciary Net Assets Pension Trust Funds September 30, 2004 Total Pension Plans $ 1,903,353 25,748,027 59,041,628 11,150,436 5,496,286 33,992,085 407,754 3,109,591 1,750 140,850,910 899,634 228,257 1,127,891 $ 139,723,019 Assets Cash and cash equivalents Investments U.S. government securities Common stocks Corporate bonds Mortgage-backed securities Mutual funds Interest and dividend receivable Other receivables Prepaid items Total assets Liabilities Accounts payable Due to other funds Total liabilities Net assets held in trust for pension benefits The notes to the financial statements are an integral part of this statement 27 City of Boynton Beach, Florida Statement of Changes in Fiduciary Net Assets Pension Trust Funds For the Fiscal Year ended September 30, 2004 Additions: Contributions: Employer Plan members State Total contributions Investment income: Net appreciation in the fair value of investments (realized and unrealized) Interest Dividends Miscellaneous Less investment expenses Custodian fees Net investment income Total additions Deductions: Benefits paid Refunds of contributions Other operating expenses Net increase Net assets held in trust for pension benefits, October 1, 2003 Net assets held in trust for pension benefits, September 30, 2004 Total Pension Plans $ 4,595,513 2,942,521 1,198,064 8,736,098 6,384,139 2,055,853 891,768 76,929 9,408,689 646,564 8,762,125 17,498,223 6,879,158 426,860 309,962 7,615,980 9,882,243 129,840,776 $ 139,723,019 The notes to the financial statements are an integral part of this statement 28 City of Boynton Beach, Florida Notes to Financial Statements September 30, 2004 1. Significant Accounting Policies Reporting Entity The City of Boynton Beach (the City) is a Florida municipality established in 1920 by the Laws of Florida, Section 24398, pursuant to the authority provided in Chapter 165, Florida Statutes, and is governed by an elected five member Commission. It provides a full range of municipal services including public safety, planning and zoning, sanitation, highways and streets, recreation and park facilities, public improvements, water and sewer service, and general administration functions. Under governmental accounting and financial reporting standards, the City's reporting entity consists of the primary government, organizations for which the primary government is financially accountable, and other organizations for which the nature and significance of their relationship with the primary government are such that exclusion would cause the City's financial statements to be misleading or incomplete. The primary government is considered financially accountable if it appoints a voting majority of an organization's governing body and imposes its will on that organization. The primary government may also be financially accountable if an organization is fiscally dependent on the primary government regardless of the authority of the organization's governing board. Legally separate organizations outside of the primary government which meet the criteria for financial accountability are considered component units of the reporting entity. Discretely Presented Component Unit. The Boynton Beach Community Redevelopment Agency (CRA) was established under the authority of Florida Statute Chapter 163, Part III and City Ordinance number 90-21 to finance and develop certain targeted areas in the City. Because the Mayor and City Commissioners appoint the governing board of this entity, approve its budget and guarantee its debt, the City is considered financially accountable for the CRA. The CRA has a September 30 year-end and is presented as a governmental fund type. The governing board of the CRA is a separate slate of members appointed by the City Commission. Accordingly, the CRA meets the criteria for discrete presentation. The CRA issues separate financial statements that can be obtained at their administrative offices, 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435. The South Central Regional Wastewater Treatment and Disposal Board (the Board) is a dependent special district created by the Cities of Boynton Beach and Delray Beach to operate a regional wastewater treatment facility. The Board's governing body is comprised of the City Commissions of Boynton Beach and Delray Beach, and control and oversight are exercised equally by both cities. The Board has been reported as a joint venture using the equity method of accounting as discussed in Note 3. Government-Wide and Fund Financial Statements The government-wide financial statements (Le., the statement of net assets and the statement of activities) report information on all of the nonfiduciary activities of the City and its component unit. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even though the tatter are excluded from the government-wide financial statements. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. 29 City of Boynton Beach, Florida Notes to Financial Statements (continued) 1. Significant Accounting Policies (continued) Measurement Focus, Basis of Accounting and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in th~ year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if collected within 60 days of the end of the current fiscal year, except for grant revenue, which is recorded when the related expenditure/expenses are incurred. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgements, are recorded only when payment is due. Property taxes, franchise taxes, licenses, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. Only the portion of the special assessment receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the City. The City reports the following major governmental funds: The aeneraJ fund is the City's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The capital improvements fund accounts for construction projects related to major improvements to general city buildings, land for new parks and improvements to streets and sidewalks. The City reports the following major proprietary funds: The water and sewer fund accounts for the activities related to providing water, wastewater and stormwater services to the public. The sanitation fund accounts for the activities related to providing trash collection and disposal services to the public. Additionally, the City reports the following fund types: Internal service funds account for the activities related to providing fleet services, risk management, and warehouse services to other departments of the City. Pension trust funds account for the activities of the pension funds which accumulate resources for pension benefit payments to city employees. 30 City of Boynton Beach, Florida Notes to Financial Statements (continued) 1. Significant Accounting Policies (continued) Measurement Focus, Basis of Accounting and Financial Statement Presentation (continued) The City maintains its accounting records in accordance with the principles and policies applicable to governmental units set forth by the Governmental Accounting Standards Board (GASB) as well as accounting principles promulgated by the American Institute of Certified Public Accountants and the Financial Accounting Standards Board (FASB), which collectively comprise accounting principles generally accepted in the United States of America (GAAP) applicable to governments. The proprietary funds do not apply FASB statements and interpretations issued after November 30, 1989. As a general rule the effect of interfund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are payment-in-lieu of taxes where the amounts are reasonably equivalent in value to the interfund services provided and other charges between the City's water and sewer function and various other functions of the government. Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the water and sewer, sanitation, and other enterprise funds, and of the City's internal service funds are charges to customers for sales and services. Operating expenses for enterprise funds and internal service funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first, then unrestricted resources as they are needed. Cash and Cash Equivalents Cash and cash equivalents consists of cash on hand and demand deposits with financial institutions and pooled investments with the Florida Municipal Investment Trust, which is administered by the Florida League of Cities, and the Local Government Surplus Funds Trust Fund, which is administered by the State Board of Administration (SBA). Cash balances and requirements of all funds are considered in determining the amount to be invested. Interest earned on pooled cash and investments is allocated to funds based on their average daily cash balances. All deposits with financial institutions were entirely covered by a combination of federal depository insurance and a collateral pool pledged to the State Treasurer of Florida by financial institutions which comply with the requirements of Florida Statutes and have been designated as a qualified public depository by the State Treasurer. Qualified public depositories are required to pledge collateral to the State Treasurer with a fair value equal to a percentage of the average daily balance of all government deposits in excess of any federal deposit insurance. In the event of a default by a qualified public depository, all claims for government deposits would be satisfied by the State Treasurer from the proceeds of federal deposit insurance, pledged collateral of the public depository in default and, if necessary, a pro rata assessment to the other qualified public depositories in the collateral pool. Accordingly, all deposits with financial institutions are considered fully insured in accordance with the provisions of GASB Statement NO.3. 31 City of Boynton Beach, Florida Notes to Financial Statements (continued) 1. Significant Accounting Policies (continued) Cash and Cash Equivalents (continued) The Florida Municipal Investment Trust (the "Trust") is an external investment pool established in 1993 and administered by the Florida League of Cities, Inc. pursuant to the laws of the State of Florida. The Trust is exempt from registration under the Securities Act of 1933, the Investment Company Act of 1940 and the Florida Securities and Investors Protection Act. Participants in the Trust are limited to governmental entities in the State of Florida. The Trust operates four portfolios with differing investment goals. The City invests in the Short Term and Intermediate Term Bond Portfolios designed to provide an investment horizon and yield greater than that of money market instruments. The Trust has adopted GASB Statement No. 31 and the fair value of the City's position in the Trust is the same as the fair value of the Trust shares. The investment in the pool is not evidenced by securities that exist in physical or book entry form and, accordingly, the investment is not categorized in accordance with the provisions of GASB Statement NO.3 The Local Government Surplus Funds Trust Fund consists of equity in an external investment pool administered by the State of Florida pursuant to statutory requirements and operated in a manner consistent with Securities and Exchange Commission (SEC) Rule 2a7 of the Investment Company Act of 1940. Rule 2a7 allows SEC registered mutual funds to use amortized cost rather than fair value to report net assets used to compute share prices if certain conditions are met. Those conditions include restrictions on the types of investments held, restrictions on the term-to-maturity of individual investments and the dollar-weighted average of the portfolio, requirements for portfolio diversification, requirements for divestiture considerations in the event of security downgrades and defaults, and required actions if the fair value of the portfolio deviates from amortized cost by a specific amount. The City's investment in the fund is not evidenced by securities that exist in physical or book entry form. Accordingly, these investments are not categorized in accordance with the provisions of GASB Statement NO.3. For purposes of the statement of cash flows, the City considers all highly liquid investments (including restricted assets) with an original maturity of three months or less to be cash equivalents. Investments For all funds except the pension trust funds, investments consist of U.S. Government securities and time deposits. Investments of the pension trust funds consist of money market funds, mutual funds, U.S. Government securities, corporate bonds, and common and preferred stocks. City and Pension Trust Fund investment policies do not allow investments in derivatives. All investments are reported at fair value based on quoted market prices. Purchases and sales of investments are recorded on the trade dates. Net realized gains and losses on sales of investments are reflected in current operating results as investment earnings. The calculation of realized gains and losses is separate from the calculation of the net change in the fair value of investments. Realized gains and losses on investments held at the end of the prior year and sold during the current year includes the change in fair value from the beginning of the year to the date sold. Prepaid Items Expenditures/expenses for insurance premiums and other administrative expenses extending over more than one accounting period are accounted for as prepaid items and allocated between accounting periods. Inventories Inventories are valued at average cost which approximates market. Inventories are accounted for using the consumption method, whereby inventories are recorded as expenditures in the period when used. 32 City of Boynton Beach, Florida Notes to Financial Statements (continued) 1. Significant Accounting Policies (continued) Capital Assets Capital assets, which include property, plant, equipment, and infrastructure assets are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Capital assets are defined by the City as assets with an initial, individual cost of more than $750 and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. The assets of the proprietary funds are stated at cost or, if donated, fair market value at the date of donation. Expenditures which materially extend the useful life of existing properties are capitalized. All costs relating to the construction of facilities are capitalized including salaries, employee benefits, and interest costs. Depreciation on capital assets is computed using the straight-line method over the estimated useful lives of the related assets which are: Equipment Buildings and other improvements Water/sewer system Infrastructure 5-12 years 10-40 years 15-50 years 15-50 years Infrastructure assets of the governmental activities acquired since October 1, 2002 are reported in the government-wide financial statements. Under GASB Statement No. 34, infrastructure assets of the governmental activities acquired prior to October 1, 2002 are required to be reported. As permitted by GASB 34, implementation of this provision has been deferred until a future year, but must be completed by the City's fiscal year ending September 30, 2007. Governmental activities infrastructure assets include roads, bridges, streets and sidewalks, curbs and gutters, lighting systems and similar assets that are immovable and of value only to the City. The City has historically reported business-type activities infrastructure assets in a manner consistent with the requirements of GASB Statement No. 34. Compensated Absences It is the City's policy to permit employees to accumulate earned but unused vacation and sick pay benefits in varying amounts based on length of service. Upon termination, employees are paid accumulated vacation at full rates. Upon termination, employees will be compensated up to a maximum of 50% of accumulated sick leave, depending on hire date and length of service. Compensated absences are accrued when incurred in the government-wide and proprietary fund financial statements. A liability for these amounts is reported in the governmentat funds only if they have matured, for example, as a result of employee resignations and retirements. 33 City of Boynton Beach, Florida Notes to Financial Statements (continued) 1. Significant Accounting Policies (continued) Long-Term Obligations In the government-wide financial statements, and proprietary fund types in the fund financial statements, long- term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund type statement of net assets. Bond premiums and discounts, as well as issuance costs, are deferred and amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are reported as deferred charges and amortized over the term of the related debt. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. On-behalf Payments The City receives on-behalf payments from the State of Florida to be used for Police Officers and Firefighters pension benefits. Such payments are recorded as intergovernmental revenue and public safety expenditures in the GAAP basis government-wide and General Fund financial statements, but are not budgeted and therefore are not included in the General Fund budgetary comparison schedule. On-behalf payments to the City totaled $1,198,064 for the fiscal year ended September 30,2004. Net Assets Equity in the government-wide statement of net assets is displayed in three categories: 1) invested in capital assets net of related debt, 2) restricted, 3) unrestricted. Net assets invested in capital assets net of related debt consist of capital assets reduced by accumulated depreciation and by any outstanding debt incurred to acquire, construct, or improve those assets. Net assets are reported as restricted when there are legal limitations imposed on their use by City legislation or external restrictions by other governments. creditors, or grantors. Unrestricted net assets consist of all net assets that do not meet the definition of either of the other two components. Fund Equity In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Unreserved fund balance amounts that are reported as designations of fund balances represent tentative plans for financial resource utilization in a future period. The following is a description of the reserves and designations used by the City: Reserved for Prepaid Items-An account used to segregate a portion of fund balance to indicate that prepaid items do not represent available, expendable resources even though they are a component of assets. Reserved for Inventories-An account used to segregate a portion of fund balance to indicate that inventories do not represent available, expendable resources even though they are a component of assets. 34 City of Boynton Beach, Florida Notes to Financial Statements (continued) 1. Significant Accounting Policies (continued) Fund Equity (continued) Designated for Specific Purposes and Projects-Represents a designation of resources to be used for specific purposes and to provide for the completion of capital and other projects. Designated for Subsequent Year's Expenditures-Represents appropriation of resources for future operations. Designated for Emergency-An account used to segregate the portion of fund balance that is designated for City emergency. Designated for Debt Service-An account used to segregate the portion of fund balance that is segregated for the payment of debt service on the City's outstanding debt. Restricted Net Assets Net assets of the enterprise funds are restricted for the following: Capital Improvements-Net assets of the Water and Sewer Fund reserved for renewal and replacement represent the excess of restricted assets required for renewal and replacement over the related liabilities payable from restricted assets. Revenue Bond Covenants-Net assets of the Water and Sewer Fund reserved for revenue bond debt service represent the excess of restricted assets required for debt service under bond covenants over the related liabilities payable from restricted assets. Revenue Recognition Ad Valorem Taxes-Ad valorem taxes are assessed as of January 1 and levied the following October. They are due March 31 and become delinquent on April 1. Delinquent tax certificates are sold on June 1 and become a lien on the property. These taxes are collected by Palm Beach County and remitted to the City. Revenue is recognized at the time monies are received from Palm Beach County. At September 30, unpaid delinquent taxes are recorded as a receivable and offset by an allowance for estimated uncollectibility. Other material revenue which is susceptible to accrual includes utilities taxes, franchise taxes, interest income, state revenue sharing and garbage/trash collection income. Revenue which is not both available and measurable and is thus not susceptible to accrual includes fines and forfeitures and occupational licenses. Revenues received in advance of the fiscal year to which they apply are presented as unearned revenues on the balance sheet. Grants Reimbursement-type grants are recorded as intergovernmental receivables and revenue when the related eligible expenditures/expenses are incurred and the grant conditions for reimbursement are met. Amortization For proprietary fund types, bond discounts and premiums are amortized using the interest method. Deferred issuance costs are amortized using the straight-line method over the term of the respective debt issues, which approximates the interest method. Losses resulting from the refinancing of proprietary fund debt are deferred and amortized over the remaining life of the old debt or life of the new debt, whichever is shorter. 35 I"UL'G~ LV I IIIG.."",.al "'La"'GIII'GJlL~ \,""VIILIIIU""'I City of Boynton Beach, Florida Notes to Financial Statements (continued) 1. Significant Accounting Policies (continued) Interfund Transactions Transactions between funds during the year consisted of loans, services provided, reimbursements or transfers. Loans are reported in the fund financial statments as Due from Other Funds and Due to Other Funds as appropriate and are subject to elimination in the government-wide financial statements. Services, deemed to be reasonably equivalent in value, are treated as revenue and expenditures/expenses. Reimbursements are when one fund incurs a cost, charges the appropriate benefiting fund and reduces its related cost as a reimbursement. All other interfund transactions are presented as transfers. Transfers within the governmental and business-type activities are eliminated in the government-wide financial statements. 2. Stewardship, Compliance, and Accountability Concentration of Credit Risk The City performs ongoing credit evaluations of its customers and generally does not require collateral, except for customer deposits in the City's Water and Sewer Fund. The City maintains an allowance for doubtful accounts at a level which management believes is sufficient to cover potential credit losses. Generally the allowance includes accounts over 90 days past due. Accounts receivable are written off on an individual basis in the year the City deems them uncollectible. Use of Estimates Management uses estimates and assumptions in preparing financial statements in accordance with U.S. generally accepted accounting principles. Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities, and the reported revenues and expenditures. Actual results could vary from the estimates that were used. Budgets and the Budgeting Process The City follows these procedures in establishing the budgetary data reflected in the financial statements: 1. Prior to July 15, the City Manager submits to the City Commission a tentative budget for consideration and approval. The budget, which is prepared by fund, function and activity, is made available to the public at this time. 2. Informal budget workshops are held by the City Commission to review the proposed budget and to obtain public comment. 3. The City advises the Palm Beach County Tax Collector of the proposed millage rate, the rolled-back millage rate, and the day, time and place of the public hearing for budget acceptance. 4. The public hearing is held to obtain final taxpayer input and to adopt the final budget. 5. The budget and related millage rates are legally enacted through passage of an ordinance. 6. For budgetary purposes, current year encumbrances are treated as expenditures and any unencumbered budgetary appropriations lapse at fiscal year end. 7. Changes or amendments to the total budgeted expenditures of the City or a department must be approved by the City Commission. There were no amendments to total budgeted expenditures and other financing uses. However, changes within a department which do not affect the total expenditures may be approved at the .....-l___:_:....~__...:.._ 1____1 . - II City of Boynton Beach, Florida Notes to Financial Statements (continued) City of Boynton Beach, Florida Notes to Financial Statements (continued) 3. Detailed Notes on All Funds (continued) Cash and Investments (continued) Investments are reported in the government-wide and fiduciary financial statements as follows: Pooled cash and investments Investments Restricted cash and cash equivalents Fiduciary funds investments Fiduciary funds cash and cash equivalents $ 87,296,769 1,000,000 41,372,262 135,428,462 1,903,353 $267,000,846 Receivables Receivables as of year end for the City's individual major funds and nonmajor funds in the aggregate, including the applicable allowances for uncollectible accounts are as follows: Nonmajor Nonmajor Governmental Water & Proprietary General Funds Sewer Sanitation Funds Total Taxes $ 249,211 $ $ $ $ $ 249,211 Accounts 606,460 19,055 2,057,331 816,774 3,317 3,502,937 Due from other governments 1,273,284 1,060,301 100,000 630,000 75,000 3,138,585 Other 9,817 9,817 2,128,955 1,089,173 2,157,331 1,446,774 78,317 6,900,550 Less allowances for uncollectible accounts (572,746) (294,966) (320,047) (1,187,759) $ 1,556,209 $ 1,089,173 $ 1,862,365 $ 1,126,727 $ 78,317 $ 5,712,791 Due from other governments: Due from Palm Beach County Due from State of Florida Due from U. S. Government $ 698,287 2,111,327 328,971 $ 3,138,585 As a result of Hurricanes Frances and Jeanne, which hit the City prior to September 30, 2004, the City incurred substantial costs to clean up debris from these hurricanes. A significant portion of these costs are eligible for reimbursement from the state via pass-through funds from the Federal Emergency Manangement Agency (FEMA). The estimated eligible costs incurred for debris removal and emergency response as of September 30, 2004, which include salaries and beneits, and payments to outside contractors totals approximately $1,320,000. This amount is included as "Due from State of Florida". The City estimates an additional reimbursement of $800,000 for those eligible costs incurred for debris removal, emergency response and buidling repairs subsequent to September 30,2004. Total clean-up costs for both hurricanes were in excess of $2.5 million. 39 City of Boynton Beach, Florida Notes to Financial Statements (continued) 3. Detailed Notes on All Funds (continued) Restricted Assets In connection with the ordinances governing the issuance of its revenue bonds, the City is required to invest and restrict certain amounts for bond requirements and capital improvements of the water and sewer system. The City is also required to segregate and restrict certain amounts collected for customer deposits. The amounts restricted at September 30, 2004 are summarized as follows: Water & Sewer Sanitation Total Cash and cash equivalents: Customer deposits $ 1,270,247 $ $ 1,270,247 Revenue bond covenants 16,924,675 16,924,675 Capital improvements 23,141,761 23,141,761 Federal requirements - landfill escrow 35,579 35,579 $ 41,336,683 $ 35,579 $ 41,372,262 Investment in Regional Wastewater Treatment Plant In 1974, the City joined with the City of Delray Beach to form the Board, a dependent special district. The Board, which is governed by a body composed of the commission members from each city, oversees the operation of the Regional Wastewater Treatment Plant which services both cities and surrounding areas. The interlocal agreement between the City and the City of Delray Beach specifies that the Board has the authority to accept and disburse funds, transact business and enter into contracts for budgeted items. In addition, the Board has the authority, subject to approval by a majority vote of each City Commission before becoming effective, to adopt an annual budget, establish rates and charges for operations, maintenance, expansions and construction, enter into contracts for nonbudgeted items and authorize the return of any surplus funds or levy additional charges for deficits of the Board to the respective cities. No debt has been authorized or issued by the Board. Ownership of the Regional Wastewater Treatment Plant is vested proportionately with the cities in accordance with the capital investments of each city, which to date are approximately 50% each. The Board charges each city for its share of the Board's operating expenses based on the percentage flow of wastewater from each city. For the year ended September 30, 2004, the City accounted for approximately 50% of the total wastewater flow treated by the Board, and approximately 50% of the Board's operating expenses were billed to the City. Each individual city is responsible for setting the rates and collecting charges for wastewater disposal from customers within its jurisdiction. The City accounts for its investment in the Board as a joint venture recorded on the equity method of accounting. At September 30,2004, the City's 50% equity interest in the net assets of the Board totaled $16,678,201, and has been included in the City's Water and Sewer enterprise fund balance sheet as Investment in Joint Venture. Separate financial statements of the Board can be obtained by contacting the South Central Regional Wastewater Treatment and Disposal Board, 1801 North Congress Avenue, Delray Beach, FL 33445. 40 City of Boynton Beach, Florida Notes to Financial Statements (continued) 3. Detailed Notes on All Funds (continued) Investment in Regional Wastewater Treatment Plant (continued) Financial information relating to the Board as of and for the year ended September 30,2004 is as follows: Net Assets Current and other assets Capital assets, net Total assets Charges for services Capital grants and contributions Total program revenues $ 2,641,517 32,198,814 34,840,331 1,389,631 94,298 1,483,929 $ 33,356,402 $ 5,524,373 634,613 6,158,986 6,349,553 (190,567) 32,968 (3,490,672) (3,648,271 ) 37,004,673 $ 33,356,402 Current liabilities Noncurrent liabilities Total liabilities Net assets Change In Net Assets Program expenses Net program revenues (expenses) General revenues Transfers Change in net assets Net assets, October 1, 2003 Net assets, September 30, 2004 Capital Assets Capital asset activity for the year ended September 30, 2004 was as follows: Beginning Reclassi- Ending Balance fications Additions Deletions Balance Governmental activities: Non-depreciable assets: Land $ 5,534,256 $ $ 7,757,766 $ $ 13,292,022 Construction in progress 1,772,725 548,200 2,320,925 Total non-depreciable assets 7,306,981 8,305,966 15,612,947 Depreciable assets: Buildings and improvements 41,381,625 1,628,760 43,010,385 Machinery, equipment and vehicles 30,962,274 2,412,869 (1,079,173) 32,295,970 Infrastructure 2,396,970 304,523 2,701,493 Total depreciable assets 74,740,869 4,346,152 (1,079,173) 78,007,848 Less accumulated depreciation: Buildings and improvements (27,932,681 ) (1,686,597) (29,619,278) Machinery, equipment and vehicles (17,610,320) (3,714,188) 652,010 (20,672,498) Infrastructure (805,975) (223,092) (1,029,067) Total accumulated depreciation (46,348,976) (5,623,877) 652,010 (51,320,843) Total depreciable assets, net 28,391,893 (1,277,725) (427,163) 26,687,005 Governmental activities capital assets, net $ 35,698,874 $ - $ 7,028,241 $ (427,163) $ 42,299,952 41 City of Boynton Beach, Florida Notes to Financial Statements (continued) 3. Detailed Notes on All Funds (continued) Capital Assets (continued) Beginning Balance Reclassi- fications Additions Deletions Ending Balance Business-type activities: Non-depreciable assets: Land $ 4,159,355 $ $ $ $ 4,159,355 Construction in progress 2,874,261 (7,601,636) 9,040,518 4,313,143 Total non-depreciable assets 7,033,616 (7,601,636) 9,040,518 8,472,498 Depreciable assets: Buildings and improvements 66,641,510 1,460,153 68,101,663 Utility lines 80,385,265 4,842,316 2,765,808 87,993,389 Wells 11,124,812 928,826 12,053,638 Golf course improvements 2,128,279 260,024 42,272 2,430,575 Machinery, equipment and vehicles 21,401,070 1,570,470 861,592 (275,009) 23,558,123 Total depreciable assets 181,680,936 7,601,636 5,129,825 (275,009) 194,137,388 Less accumulated depreciation: Buildings and improvements (12,708,547) (1,460,579) (14,169,126) Utility lines (35,053,675) (3,146,692) (38,200,367) Wells (3,357,090) (1,062,508) (4,419,598) Golf course improvements (1,844,811) (46,850) (1,891,661 ) Machinery, equipment and vehicles (15,694,128) (1,049,758) 222,354 (16,521,532) Total accumulated depreciation (68,658,251) (6,766,387) 222,354 (75,202,284) Total depreciable assets, net 113,022,685 7,601,636 (1,636,562) (52,655) 118,935,104 Business-type activities capital assets, net $ 120,056,301 $ - $ 7,403,956 $ (52,655) $ 127,407,602 Depreciation expense was charged to programs/functions as follows: Governmental activities: General government Public safety Public works Culture and recreation Economic environment Capital assets of the City's internal service funds are charged to functions based on their usage of the assets Total depreciation - governmental activities $ 2,536,228 203,982 58,695 631 ,428 1,224 2,192,320 $ 5,623,877 $ 6,503,230 211,196 49,973 1,988 $ 6,766,387 Business-type activities: Water and sewer Recreational facilities Sanitation Mass transit Total depreciation - business-type activities 42 City of Boynton Beach, Florida Notes to Financial Statements (continued) 3. Detailed Notes on All Funds (continued) Interfund Receivables and Payables Interfund receivable and payable balances at September 30,2004 are summarized as follows: General Fund Special Revenue Funds Grants Fund Fiduciary Funds General Employees' Pension Fund Internal service funds: Vehicle Service Fund Warehouse Fund Interfund Interfund Receivables Payables $ 1,111,613 $ 883,356 228,257 645,121 645,121 $ 1,756,734 $ 1,756,734 The outstanding balances between funds result mainly from the time lag between the dates that interfund goods and services are provided or reimbursable expenditures occur and payments between funds are made. Interfund Transfers Transfers In Nonmajor Nonmajor Capital Governmental Water and Proprietary Internal Transfers Out General Improvement Funds Sewer Sanitation Funds Service Funds Total General Fund $ $ $ 27,145 $ $ $ $ 895,000 $ 922,145 Capital Improvement Fund 44,289 44,289 Nonmajor Governmental Funds 935,000 13,667,553 407,864 186,120 170,140 54,179 15.420,856 Water and Sewer Fund 2,781,800 1,245,000 4,026,800 Sanitation Fund 550.000 101,108 215,000 866,108 Nonmajor Proprietary Funds 40,000 7,260 85,000 132,260 $ 4,306,800 $ 13,667,553 $ 479,298 $ 287,228 $ 7,260 $ 170,140 $ 2,494,179 $ 21,412,458 Transfers are used to 1) pay the administrative fee charged to the various enterprise funds by the general fund, 2) fund the internal service funds in excess of the expense for the current period, and 3) move fund revenues to finance various programs that the government must account for in other funds in accordance with budgetary authorizations, including amounts provided as subsidies or matching funds for various grant programs. Long-Term Debt Governmental activities: Promissory note Public service tax refunding revenue bonds, Series 1993 Public service tax refunding revenue bonds, Series 2004 Unamortized bond premiums Unamortized loss on bond refinancing Total bonds payable Compensated absences Insurance claims payable Beginning Ending Due Within Balance Additions Reductions Balance One Year $ 3,033,354 $ $ (936,200) $ 2,097,154 $ 889,790 9.450,000 (9,450,000) 17,540,000 17,540,000 620,000 832,794 (23.133) 809,661 (190,390) 11,333 (179,057) 12,483,354 18,182.404 (10,398,000) 20.267,758 1,509,790 4,071,541 3,212,707 (3,029,788) 4,254.460 553,080 2,588.087 807,515 (881,936) 2.513,666 1,076,317 $ 19,142,982 $ 22,202,626 $(14,309,724) $ 27,035,884 $ 3,139,187 43 City of Boynton Beach, Florida Notes to Financial Statements (continued) 3. Detailed Notes on All Funds (continued) Long-Term Debt (continued) Compensated absences are typically liquidated in the General Fund. Insurance claims liabilities have typically been liquidated in the Self-Insurance Internal Service Fund. The Self-Insurance Internal Service Fund predominately serves the governmental funds. Therefore, the long-term liabilities of the fund are included in the governmental activities. Promissory Note - On September 15, 2000 the City obtained a promissory note in the amount of $4,986,434 to refund General Obligation Refunding Bonds, Series 1992. The promissory note is outstanding at September 30, 2004 in the amount of $2,097,154 and bears interest at a rate of 5.10% per annum through maturity on September 15, 2010. The general obligation note is payable semi-annually from ad valorem taxes. The debt service requirements of the City's promissory note are as follows: Fiscal Year Ending September 30 Principal Interest Total 2005 889,790 94,663 984,453 2006 500, 11 3 51,178 551,291 2007 191,528 33,715 225,243 2008 199,998 23,773 223,771 2009 208,272 13,531 221,803 2010 107,453 2,740 110,193 $ 2,097,154 $ 219,600 $ 2,316,754 The City's legal debt limit on general obligations, based on 10% of total assessed value of real property, amounted to $413,552,000 at September 30,2004. Public Service Tax Refundina Revenue Bonds. Series 2004 - On April 29, 2004, the City issued $17,540,000 of Public Service Tax Refunding Revenue Bonds, Series 2004 for the purpose of advance refunding the outstanding Public Service Tax Refunding Revenue Bonds, Series 1993 in the amount of $7,985,000. A portion of the proceeds of the Series 2004 Bonds was used to pay the City's portion of the costs and expenses of issuing the Series 2004 Bonds and a portion of the proceeds will be used to fund various capital improvement projects as may be approved by the City Commission from time to time. The Series 2004 Bonds were issued at interest rates ranging from 2.00% to 4.20%. Annual principal payments on these bonds commence on November 1, 2004, with the last payment due on November 1, 2018. The principal and interest on the revenue bonds are payable from public service tax revenues. The reacquisition price of the new bonds exceeded the net carrying amount of the old debt by $190,390. This amount is being netted against the new debt and amortized over the remaining life of the refunded debt, which is shorter than the life of the new debt issued. The advance refunding was completed in order to reduce the City's total debt service payments over the life of the bonds by $692,582 and to obtain an economic gain (difference between the present value of the old debt and the new debt service payments) of $412,980. 44 City of Boynton Beach, Florida Notes to Financial Statements (continued) 3. Detailed Notes on All Funds (continued) Long-Term Debt (continued) The debt service requirements of the City's Series 2004 public service tax refunding revenue bonds are as follows: Fiscal Year Ending September 30 Principal Interest Total 2005 $ 620,000 $ 684,323 $ 1,304,323 2006 1,105,000 659,114 1,764,114 2007 1,130,000 632,620 1,762,620 2008 1,155,000 608,326 1,763,326 2009 1,185,000 579,039 1,764,039 2010-2014 5,725,000 2,278,600 8,003,600 2015-2019 6,620,000 828,603 7,448,603 $ 17,540.000 $ 6,270,625 $23.810.625 Business-type activities: Beginning Ending Due Within Balance Additions Reductions Balance One Year Water and sewer utility revenue bonds: Series 1996 $ 20,590,000 $ $ (1,330,000) $ 19,260,000 $ 1,640,000 Series 2002 24,400,000 (85,000) 24,315,000 90,000 Unamortized bond discount (331,976) 55,575 (276,401 ) Unamortized bond premium 552,399 (40,778) 511,621 Unamortized loss on bond refinancing (1,242,995) 72,761 (1,170,234) Total bonds payable 43,967,428 (1,327,442) 42,639,986 1,730,000 Compensated absences 1,186,234 933,892 (725,965) 1,394,161 181,241 Other payables 773,611 (89,859) 683,752 35,579 $ 45,927,273 $ 933,892 $ (2,143,266) $ 44,717,899 $ 1 ,946,820 Compensated absences are typically liquidated in the Water and Sewer, Sanitation and Other Enterprise Funds. Other payabJes include liabilities for landfill and postclosure care costs which are liquidated in the Sanitation Enterprise Fund and the arbitrage rebate liability which is typically liquidated in the Water and Sewer Fund. The Water and Sewer Utilitv Revenue Bonds. Series 1996 (Series 1996 Bonds) consist of $19,260,000 current interest bonds maturing from 2005 through 2021. The Series 1996 Bonds are funded by the excess of user charges and investment income over operating expenses, and bear interest at rates ranging from 4.600% to 5.625% per annum. 45 City of Boynton Beach, Florida Notes to Financial Statements (continued) 3. Detailed Notes on All Funds (continued) Long-Term Debt (continued) The debt service requirements of the City's Series 1996 Bonds are as follows: Fiscal Year Ending September 30 Principal Interest Total 2005 $ 1,640,000 $ 983,858 $ 2,623,858 2006 1,725,000 900,553 2,625,553 2007 1,815,000 811 , 145 2,626,145 2008 1,900,000 715,462 2,615,462 2009 2,000,000 612,312 2,612,312 2010-2014 9,250,000 1,327,039 10,577,039 2015-2019 625,000 178,173 803,173 2020-2021 305,000 17,578 322,578 $ 19.260.000 $ 5.546.120 $24.806.120 The Water and Sewer Utilitv Revenue Refundina Bonds. Series 2002 (Series 2002 Bonds) consist of $24,315,000 current interest bonds maturing from 2005 through 2021. The Series 2002 Bonds are funded by the excess of user charges and investment income over operating expenses, and bear interest at rates ranging from 5.00% to 5.50% per annum. The debt service requirements of the City's Series 2002 Bonds are as follows: Fiscal Year Ending September 30 2005 2006 2007 2008 2009 2010-2014 2015-2019 2020-2021 Principal $ 90,000 100,000 105,000 110,000 115,000 2,915,000 14,100,000 6.780,000 $ 24,315,000 Interest $ 1,320,400 1,315,650 1,310,525 1 ,305,150 1,299,525 6,343,125 3,878,069 377,850 $ 17 ,150,294 Total $ 1,410,400 1,415,650 1,415,525 1,415,150 1,414,525 9,258,125 17,978,069 7,157,850 $ 41 ,465,294 Bond Resolution 96-88 of the City requires that net operating revenue (as defined in the resolution) of the Water and Sewer Fund be sufficient to provide an amount equal to 110% of the current fiscal year's principal and interest requirements and 100% of all amounts required to meet the current year's reserve account deposit requirements, and renewal and replacement fund requirements. The City was in compliance with this requirement for the year ended September 30,2004. 46 City of Boynton Beach, Florida Notes to Financial Statements (continued) 3. Detailed Notes on All Funds (continued) Long-Term Debt (continued) Component unit activities: Promissory note Compensated absences payable Beginning Ending Due Within Balance Additions Reductions Balance One Year $ 2,752,345 $ $ (135,968) $ 2,616,377 $ 145,708 7,262 7,206 14,468 $ 2,759.607 $ 7.206 $ (135.968) $ 2.630.845 $ 145,708 Promissorv Note - Resolution 01-01 dated September 11, 2001 of the CRA Board of Commissioners authorized the issuance of a promissory note in the principal amount of $3,000,000 payable from tax increment revenues to finance the cost of various community redevelopment projects. Resolution R01-261 dated September 19, 2001 of the Boynton Beach City Commission authorized the CRA to issue this note and authorized the City of Boynton Beach to guaranty the obligations of the CRA under the note. The promissory note, payable semi-annually, is outstanding at September 30, 2004 in the amount of $2,616,377 and bears interest at a rate of 6.56% per annum. The debt service requirements of the CRA's promissory note are as follows: Fiscal Year Ending September 30 Principal Interest Total 2005 $ 145,708 $ 171,590 $ 317,298 2006 155,560 161,738 317,298 2007 166,079 151,219 317 ,298 2008 176,904 140,395 317,299 2009 189,270 128,028 317,298 2010-2014 1,156,235 430,257 1,586,492 2015-2016 626,621 55,214 681,835 $ 2,616.377 $ 1 .238.441 $ 3.854.818 Interest Expense Total interest costs incurred and paid on all City debt for the year ended September 30,2004 totaled $3,006,009 and $2,983,489, respectively. Defeased Bonds The City defeased certain revenue bonds in prior years by placing the proceeds of new bonds in irrevocable trust accounts to provide for all future debt service payments on the old bonds. Accordingly, the trust account assets and the liability for the defeased bonds are not included in the City's financial statements. At September 30, 2004, the principal outstanding but considered extinguished under these funding arrangements is as follows: Utilities System Revenue, Series 1975B Utilities System Revenue, Series 1990 Utilities System Revenue, Series 1992 Public Service Tax Revenue, Series 1993 $ 370,000 8,151,797 47,000,000 7,985,000 $ 63.506.797 47 City of Boynton Beach, Florida Notes to Financial Statements (continued) 3. Detailed Notes on All Funds (continued) Long-Term Debt (continued) Conduit Debt Obligation In December 2002, the City issued $12,320,000 in Multi-Family Housing Mortgage Revenue Bonds (the Bonds), Series 2002 (Ctipper Cove Apartments). The Bonds are limited obligations of the City, issued for the principal purpose of refunding the 1996 bonds which were issued for the purpose of refinancing a multi-family housing development, Clipper Cove Apartments (the Project), and payable solely out of funds to be provided by C/HP Cove, Inc., a Florida not-for-profit corporation whose sole asset is the Project and whose activities consist solely of operating the Project. Neither the faith and credit nor the taxing power of the City was pledged for the payment of the Bonds and the enforcement of payments on the Bonds may be made only against the Project. Accordingly, such obligations are not included within the accompanying financial statements. The outstanding balance on the Bonds at September 30,2004 was $12,320,000. The Project issued a $12,320,000 promissory note to the City for the Bonds. The City assigned the promissory note to an independent trustee for administration including all of the City's rights, title and interest in the note. 4. Other Information Self-Insurance The City is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; natural disasters; and general and automotive liability. The City has a Self- Insurance Fund (an Internal Service Fund) to account for future general liability, automotive liability and workers' compensation claims, and property claims. The liability for self-insurance claims is accrued in the Self-Insurance Fund as this will be the source of payment of these claims. Insurance claim expense is recognized when it is probable that a loss has been incurred and the amount of the loss can be reasonably estimated, and includes incurred-but-not-reported claims. The result of the process to estimate the claims liability is not an exact amount as it depends on many complex factors, such as inflation, changes in legal doctrines, and damage awards. Accordingly, claims are reevaluated periodically to consider the effects of inflation, recent claim settlement trends (including frequency and amount of pay-outs), and other economic and social factors. The estimate of the claims liability also includes amounts for incremental claim adjustment expenses related to specific claims and other claim adjustment expenses regardless of whether allocated to specific claims. Estimated recoveries, for example from salvage or subrogation, are another component of the claims liability estimate. For each of the past three years, there have been no settlements that have exceeded the City's insurance coverage. The City carries excess coverage insurance policies as follows: General liability Automobile liability Property Workers compensation Individual Claims in Excess of Per Person Per Occurance $100,000 $200,000 $100,000 $200,000 $1,000 to $5,000 $350,000 Maximum Coverage $5 million $2 million $5 million $5 million 48 City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Other Information (continued) Self-Insurance (continued) The City's liability for estimated insurance tosses represents the estimated ultimate cost of settling self- insurance liability claims. The liability for estimated insurance losses was estimated by an outside actuary using accepted actuarial methods. These methods consider case-basis reserves established by the City, the rate of loss development on older claims, the effects of incurred-but-not-reported claims and the effects of inflation and other economic factors to determine ultimate cost. The City has recorded a liability for estimated insurance losses of $2,513,666. The liability falls within the actuarially determined range, from an actuarial valuation for all claims based upon the date the loss was incurred. Due to the long-term nature of many of these claims, the City considers anticipated investment income in determining the net liability for estimated insurance losses by discounting claims to the estimated present value. At September 30, 2004, the recorded liability for estimated insurance losses of $2,513,666 is based on gross claims of $2,668,785 discounted at an assumed rate of return on investments of 3.0%. The following summarizes the liability for estimated insurance loss activity for the previous two years: Beginning of Fiscal Year Claims Expense Claims Paid End of Fiscal Year 2002-2003 2003-2004 $ 3,638,022 $ 2,588,087 128,500 $ 807,515 (1,178,435) $ (881,936) 2,588,087 2,513,666 Landfill Closure Costs The City owns property that was used prior to 1985 as a landfill. Final closure occurred during 1992 and the site is now in the postclosure care phase. This postclosure care is mandated by state and federal laws and regulations and consists of certain maintenance and monitoring functions at the landfill site for 20 years after its closure. The outstanding liability for estimated postclosure care costs of $263,878 at September 30, 2004 is recorded in the Sanitation Fund. The City maintains a landfill management escrow account as restricted cash to fund estimated postclosure costs of the landfill. Sufficient funds are maintained in this interest-bearing escrow account in order to fund the $35,579 estimated postclosure care costs to be incurred in the subsequent year. Commitments and Contingencies The City has various long-term contractual obligations for construction projects on which work has not been completed. The approximate balances of these contracts and related commitments as of September 30, 2004 are as follows: Capital Nonmajor Water and Improvements Governmental Sewer Fund Funds Fund Total Total contract amount $ 580,267 $ 2,618,484 $ 7,185,770 $ 10,384,521 Interim payments on contracts 332,204 876,432 2,313,318 3,521,954 Remaining contractual commitments, September 30,2004 $ 248.063 $ 1 ,742,052 $ 4,872.452 $ 6,862,567 The contractual commitments of the Water and Sewer Fund will be paid from the proceeds of the Water and Sewer Utility Revenue Bonds, Series 1996 and other reserves. The contractual commitments of the Capital Improvements Fund and Nonmajor Governmental Funds will be paid from various sources. 49 City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Other Information (continued) Commitments and Contingencies (continued) The City is the defendant in various lawsuits incurred in the normal course of operations, the ultimate outcomes of which are not presently determinable. Management and the City's legal counsel believe that amounts not covered by insurance, if any, resulting from these lawsuits would not materially affect the financial position of the City. Amounts received or receivable from grant agencies are subject to audit and adjustment by grantor agencies, principally the federal and state government. Any disallowed claims, including amounts already collected, may constitute a liability of the applicable funds. The amount, if any, of expenditures that may be disallowed by the grantor cannot be determined at this time, although the City expects such amounts, if any, to be immaterial. Defined Benefit Pension Plans Description of Plans The City contributes to three single-employer defined benefit pension plans covering all full-time City employees. The General Employees' Pension Fund covers all permanent full-time employees except those covered by the police and firefighters pension plans. The benefit provisions and all requirements are established by City Ordinance. Employees become vested after five years of service with the City. There is no mandatory retirement age. Retirees begin receiving monthly annuity checks the month their retirement begins and continues until death. Annuities to which retirees are entitled are equal to 3% of their final average monthly compensation times years of credited service provided the employee has completed at least 30 full years of credited service at any age; 25 or more years of credited service at age 55 or 5 or more years of credited service at age 62. Employee contributions are 7% of monthly earnings. The City's contribution is determined actuarially on an annual basis. For 2004 the annual required contribution was $1,542,574. A separate stand-alone GAAP financial report is not prepared for the General Employees' Pension Fund and, accordingly, a statement of net assets and statement of changes in net assets for the General Employees' Pension Fund at September 30, 2004 and for the year then ended are presented as follows: General Employees' Pension Fund Statement of Net Assets Assets Cash and cash equivalents Investments U.S. government securities Common stocks Corporate bonds Mortgage-backed securities Mutual funds Interest and dividends receivable Other receivables Total assets liabilities Accounts payable Due to general fund Total liabilities $ 813,684 12,304,535 33,340,278 6,407,757 5,496,286 8,319,477 227,842 31,645 66,941,504 678,989 228,257 907,246 $ 66,034,258 Net assets Net assets held in trust for pension benefits 50 City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Other Information (continued) Defined Benefit Pension Plans - Description of Plans (continued) General Employees' Pension Fund Statement of Chanaes in Net Assets Additions: Contributions: Employer Plan members Total contributions $ 1,542,574 1,571,877 3,114,451 Investment income: Net appreciation in the fair value of investments (realized and unrealized) Interest Dividends Miscellaneous 2,683,604 1,175,350 526,633 29,856 4,415,443 Less investment expenses Custodian fees Net investment income Total additions 246,085 4,169,358 7,283,809 Deductions: Benefits paid Refunds of contributions Other operating expenses 2,840,067 385,531 105,071 3,330,669 3,953,140 Net increase Net assets held in trust for pension benefits, October 1, 2003 Net assets held in trust for pension benefits, September 30, 2004 62,081,118 $ 66,034,258 The Police Officers' Pension Fund covers all sworn police department employees. Employees are vested after 10 years of service with the City and are eligible for retirement after 20 years of service regardless of age. Employees with 10 years of credited service may retire at or after age 50 and receive a reduced retirement benefit. Monthly annuity checks begin the month an employee retires, and the amount of annuity to which the retired employee will be entitled will be equal to the number of years of credited service multiplied by 3% of average final compensation. Employee contributions are 7% of annuat compensation. The City's contribution is determined actuarially on an annual basis and is reduced by the amount the City receives from the State of Florida. The State of Florida's contributions are pursuant to Chapter 185 of the Florida Statutes which provides for a premium tax on certain casualty insurance contracts written on properties within the City. The tax is collected by the State of Florida and remitted to the City for the Police Officers' Pension Fund. For 2004 the annual required contribution was $2,343,601. 51 City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Other Information (continued) Defined Benefit Pension Plans - Description of Plans (continued) The Firefighters' Pension Fund covers all firefighters and fire department officers. Employees become vested after 10 years of service with the City and are eligible for retirement after 20 years regardless of age. Employees with 10 years of credited service may retire at or after age 50 and receive a reduced retirement benefit. Monthly annuity checks begin the month an employee retires, and the amount of the annuity to which the retired employee will be entitled will be equal to the number of years of credited service multiplied by 3% of average final compensation. Employee contributions are 7% of annual compensation. The City's contribution is determined actuarially on an annual basis and is reduced by the amount the City receives from the State of Florida. The State of Florida's contributions are pursuant to Chapter 175 of the Florida Statutes which provides for a premium tax on certain casualty insurance contracts written on properties within the City. The tax is collected by the State of Florida and remitted to the City for the Firefighters' Pension Fund. For 2004 the annual required contribution was $1,655,219. The benefit provisions and all other requirements of the Police Officers' Pension Fund and Firefighters' Pension Fund are established by City Ordinance and are summarized as follows: The funding methods and determination of benefits payable are provided in the various acts of the Florida Legislature, which created the fund, including subsequent amendments thereto. The statutes provide, in general, that funds are to be accumulated from employee contributions, City contributions, state appropriations and income from investment of accumulated funds. The act also provides that, should the accumulated funds at any time be insufficient to meet and pay the benefits due, the City shall supplement the fund by an appropriation from current funds, or from any revenues which may lawfully be used for said purposes in an amount sufficient to make up the deficiency. The investments of the funds are administered, managed and operated by their respective Boards of Trustees. The City's external auditors did not audit the financial statements of the Police Officers' and Firefighters' Pension Funds, two fiduciary funds of the City. Other auditors were engaged, who audited stand-alone financial reports, copies of which can be obtained from the pension boards by calling (561)742-6081 or by writing to Pension Administrator, 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. Basis of Accounting - The City's financial statements for the three pension funds are prepared using the accrual basis of accounting. Employer and plan member contributions are recognized in the period the contributions are due. Method Used to Value Investments - Investments in the three plan funds are reported at fair value according to the independent custodian for each plan using various third-party pricing sources. 52 City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Other Information (continued) Defined Benefit Pension Plans - Description of Plans (continued) Actuarial Methods and Significant Assumptions General Police Employees' Officers' Pension Pension Fund Fund Valuation date Actuarial cost method Amortization method 10/1/2003 Entry age Level percent of payroll, closed 28 Four year smoothed market 10/1/2003 Frozen entry age Level percent of payroll, closed 28 Five year smoothed market Remaining amortization period Asset valuation method Actuarial assumptions: Investment rate of return Projected salary increases Inflation increase 8.0% 4.2%-7.8% 3.5% 8.5% 5.0%-6.5% 4.0% Trend Data Year ended September 30 Contribution Requirements and Contributions Made Annual Pension Percentage of Cost (APC) APC Contributed Firefighters' Pension Fund 10/1/2003 Entry age normal Level percent of payroll, closed 30 Five year smoothed market 8.5% 6.5% 4.0% Net Pension Obligation (Asset) General Employees' Pension Fund $ 1,543,286 100.0% $ (7,875) $ 1,040,690 99.9% $ (8,587) $ 596,841 99.9% $ (9,377) Police Officers' Pension Fund $ 2,348,080 108.4% $ (284,839) $ 1,933,248 100.9% $ (87,419) $ 1,057,424 99.7% $ (69,576) Firefighters' Pension Fund $ 1,658,807 102.8% $ (124,300) $ 1,360,466 104.5% $ (77,604) $ 826,040 99.9% $ (15,826) 2004 2003 2002 2004 2003 2002 2004 2003 2002 53 City of Boynton Beach, Florida Notes to Financial Statements (continued) 4. Other Information (continued) Defined Benefit Pension Plans - Trend Data (continued) The annual pension cost and net pension asset for the Plans for the most recent valuations were as follows: General Police Employees' Officers' Firefighters' Annual required contribution (ARC) $ 1,542,574 $ 2,343,601 $ 1,655,219 Interest on net pension obligation (NPO) (687) (7,431 ) (6,596) Adjustment to ARC (1,399) (11,910) (10,184) Annual pension costs (APC) 1,543,286 2,348,080 1,658,807 City/State contributions 1,542,574 2,545,500 1,705,503 Increase (decrease) in net pension assets (712) 197,420 46,696 Net pension assets, October 1, 2003 8,587 87,419 77 ,604 Net pension assets, September 30,2004 $ 7,875 $ 284,839 $ 124,300 Contributions Made The City Commission determines the City and Employee contribution requirements for the Plans. In 2004 the actual contributions made to the General Employees' Pension Fund, Police Officers' Pension Fund and Firefighters' Pension Fund were $1,542,574; $2,545,500; and $1,705,503, respectively. Postretirement Benefits The City offers continuation of health and life insurance benefits to employees upon retirement. The full cost of such benefits are paid by the retirees, and the City has no liability for postretirement benefits. 54 City of Boynton Beach, Florida Required Supplementary Information Schedules of Funding Progress September 30, 2004 (In Thousands) Actuarial Valuation Date Actuarial Value of Assets (a) Actuarial Accrued Unfunded Liability (Assets in (AAL)- Excess of ) Funded (**) AAL Ratio (b) (b-a) (a/b) General Employees' Pension Fund Covered Payroll (c) Unfunded (Assets in Excess) AAL as a Percentage of Covered Payroll [(b-a)/c] 10/1/2001 $ 62,194 $ 65,223 $ 3,029 95.4 $ 20,548 14.7% 1 0/1/2002 62,227 69,575 7,348 89.4 20,937 35.1 10/1/2003 62,499 75,848 13,349 82.4 21,995 60.7 Police Officers' Pension Fund 10/1/2001 $ 34,332 $ 37,716 $ 3,384 91.0 $ 6,555 51.6% 10/1/2002 32,133 40,604 8,471 79.1 7,382 114.8 10/1/2003 33,206 44,029 10,823 75.4 7,917 136.7 Firefighters' Pension Fund 10/1/2001 $ 33,398 $ 34,917 $ 1,519 95.6 $ 5,202 29.2% 10/1/2002 33,877 39,432 5,555 85.9 5,143 108.0 10/1/2003 34,694 42,432 7,738 81.8 6,079 127.3 ** Actuarial cost methods used: General Employees' Pension Fund Entry Age Police Officers' Pension Funds Frozen Entry Age Firefighters' Pension Funds Entry Age Normal General Employees' Pension Fund Schedule of Contributions from Employer For the Last Three Years September 30,2004 Year Ended September 30, Annual Required Contribution Percentage Contributed 2002 2003 2004 595,970 1,039,900 1,542,574 100.0 100.0 100.0 55 MAJOR CAPITAL PROJECTS FUND BUDGETARY COMPARISON SCHEDULE City of Boynton Beach, Florida Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual Capital Improvement Fund For the Year Ended September 30,2004 Major Capital Projects Fund Variance With Original and Final Budget Final Positive Budget Actual (Negative) Revenues: Interest $ 58,000 $ 1 50,403 $ 92,403 Total revenues 58,000 1 50,403 92,403 Expenditures: Current: General government 51,000 309,028 (258,028) Public safety 17,500 15,772 1,728 Public works 16,735 (16,735) Culture and recreation 557,044 196,922 360,122 Capital outlay: General government 16,319,872 1,243,937 15,075,935 Public safety 58,000 2,880,904 (2,822,904) Public works 568,000 329,423 238,577 Culture and recreation 9,099,384 3,949,782 5,149,602 26,670,800 8,942,503 17,728,297 Revenue over (under) expenditures (26,612,800) (8,792,100) 17,820,700 Other financing sources (uses): Transfers in 4,471,000 13,667,553 9,196,553 Transfers out (44,289) (44,289) Bond proceeds 19,016,000 (19,016,000) 23,487,000 13,623,264 (9,863,736) Net change in fund balance $ (3,125,800) 4,831,164 $ 7,956,964 Fund balance, October 1, 2003 . 5,896,340 Fund balance, September 30, 2004 $ 10,727,504 56 NONMAJOR GOVERNMENTAL FUNDS DEBT SERVICE FUNDS Debt Service Funds are used to account for resources accumulated and payments made for principal and interest on long-term debt of governmental funds. Promissory Note Debt Service Fund - To account for the payment of principal and interest, and fiscal charges on the City's general obligation note payable which is payable from ad valorem taxes. 2004 Public Service Tax Debt Service Fund - To account for the payment of principal and interest, and fiscal charges on the City's revenue bonds which are payable from non ad valorem revenues. CAPITAL PROJECTS FUNDS Capital projects funds are used to account for the acquisition and construction of major capital facilities other than those financed by proprietary funds and trust funds. Fire Rescue Capital Improvement Fund - To fund construction of two new fire stations and replacement of an existing station. Funded through a seven-year special assessment. SPECIAL REVENUE FUNDS Special revenue funds are used to account for specific revenues that are legally restricted to expenditure for particular purposes. Local Option Gas Tax Fund - To account for gas tax restricted for roadway program expenditures. Grants Fund - To account for all grants received by the City that includes: Community Development Block Grant, Parks Development Grants and Law Enforcement Grants. SHIP Fund - To account for revenues and expenses relative to the State's affordable housing initiative program. Community Improvements Fund - To account for revenues and expenses relative to the City's low-income home improvements program. Parks and Recreation Facilities Fund - To account for fees collected from developers to be used by the City for acquisition or development of park and recreational land. Recreation Program Fund - To account for revenues and expenses relative to all recreation programs provided by the City. Boynton Beach Memorial Park Fund - To account for revenues and expenses relative to the City's two cemeteries. Community Services Fund - To account for assets held in trust that are restricted for designated purposes. 57 City of Boynton Beach, Florida Combining Balance Sheet Nonmajor Governmental Funds September 30, 2004 Capital Projects Debt Service Funds Fund 2004 Fire Rescue Promissory Public Capital Note Service Tax Improvement Assets Pooled cash and investments $ 584,996 $ 863,886 $ 3,768,932 Accounts receivable 680 Due from other governments 138,580 14,462 Other receivables Inventories Total assets $ 584,996 $ 1,003,146 $ 3,783,394 Liabilities and Fund Balances Liabilities: Accounts payable $ $ $ 57,078 Accrued expenses 33,471 Due to other funds Refundable deposits Other payables 5,220 Unearned revenue Total liabilities 95,769 Fund balances: Reserved: Inventories Unreserved: Designated for: Specific purposes and projects 3,687,625 Subsequent year expenditures Debt service 584,996 1,003,146 Undesignated (deficit) Total fund balances 584,996 1,003,146 3,687,625 Total liabilities and fund balances $ 584,996 $ 1 ,003,146 $ 3,783,394 58 Special Revenue Funds Boynton Local Parks and Beach Option Community Recreation Recreation Memorial Community Gas Tax Grants SHIP Improvements Facilities Program Park Services Total $ 858,606 $ $ 1,130,694 $ 551,059 $ 1,098,957 $ 158,085 $ 4,125,957 $ 1,287,282 $14,428,454 100 18,275 19,055 118,547 788,712 1,060,301 9,817 9,817 1,569 1,569 $ 977,153 $ 788,712 $ 1,130,694 $ 551,059 $ 1,098,957 $ 159,754 $ 4,154,049 $ 1,287 ,282 $15,519,196 $ $ 62,210 $ 130 $ 4,963 $ $ 12,608 $ 16,866 $ 16,995 $ 170,850 1,195 7,730 5,500 47,896 883,356 883,356 13,584 2,652 16,236 5,220 8,573 1,085,752 1,094,325 955,334 1,085,882 26,277 18,108 16,866 19,647 2,217,883 1,569 1,569 1,098,957 140,077 4,926,659 303,987 303,987 1,588,142 977,153 (166,622) 44,812 220,795 4,137,183 1,267,635 6,480,956 977,153 (166,622) 44,812 524,782 1,098,957 141,646 4,137,183 1,267,635 13,301,313 $ 977,153 $ 788,712 $ 1,130,694 $ 551,059 $ 1,098,957 $ 159,754 $ 4,154,049 $ 1 ,287 ,282 $15,519,196 59 City of Boynton Beach, Florida Combining Statement of Revenues, Expenditures and Changes in Fund Balances Nonmajor Governmental Funds For the Year Ended September 30, 2004 Capital Projects Debt Service Funds Fund 2004 Fire Rescue Promissory Public Capital Note Service Tax Improvement Revenues: Taxes $ 1,226,989 $ 4,081,616 $ Intergovernmental Charges for services Special assessments 2,310,637 Fines and forfeitures Interest 9,297 11 ,211 75,291 Donations Miscellaneous Total revenues 1,236,286 4,092,827 2,385,928 Expenditures: Current: General government 1,060 2,964 Public safety 1,592,382 Public works Economic environment Culture and recreation Capital outlay: General government Public safety 1,778,582 Economic environment Culture and recreation Debt service: Principal retirement 936,200 1,465,000 Interest expense 143,248 459,508 Bond issuance costs 280,697 Advanced refunding escrow 1,593,052 Total expenditures 1,080,508 3,801,221 3,370,964 Revenue over (under) expenditures 155,778 291,606 (985,036) Other financing sources (uses): Transfers in Transfers out (12,850,000) Refunding bonds issued 17,540,000 Refunding bonds premium 832,794 Payment to refunded bond escrow agent (6,582,337) (1,059,543) Net change in fund balances 155,778 (767,937) (985,036) Fund balances (deficit), October 1, 2003 429,218 1,771,083 4,672,661 Fund balances (deficit), September 30,2004 $ 584,996 $ 1,003,146 $ 3,687,625 60 Special Revenue Funds Boynton Local Parks and Beach Option Community Recreation Recreation Memorial Community Gas Tax Grants SHIP Improvements Facilities Program Park Services Total $ 1,310,646 $ $ $ $ $ $ $ $ 6,619,251 2,046,691 620,520 146,815 2,814,026 721,176 250,816 353,089 1,325,081 2,310,637 220,671 220,671 12,368 11 ,573 5,140 12,081 4,166 46,481 187,608 698,591 176,231 874,822 20,885 9,019 7,284 5,260 142 42,590 1,323,014 2,067,576 632,093 14,159 710,672 732,626 302,557 896,948 14,394,686 210,941 229,568 444,533 185,498 149,544 1,927,424 848 848 260,914 587,281 512,067 898 1,361,160 672,786 769,286 103,882 1,545,954 54,373 12,535 66,908 52,282 217,946 2,048,810 61,707 61.707 70,555 26,416 1,522 42,683 141,176 2,401,200 602,756 280,697 1.593,052 848 1,358.115 587,281 512,067 898 795,702 212,463 756.158 12,476,225 1.322,166 709,461 44,812 (497,908) 709,774 (63,076) 90,094 140,790 1,918,461 71,434 407,864 479,298 (1,124,663) (761,193) (600,000) (75,000) (10,000) ( 15,420,856) 17,540,000 832,794 (6,582,337) (1,124,663) (689,759) 407,864 (600,000) (75,000) (10,000) (3,151,101) 197,503 19,702 44,812 (90,044) 109,774 (138,076) 80,094 140,790 (1,232,640) 779,650 (186,324) 614,826 989,183 279,722 4,057,089 1,126,845 14,533,953 $ 977,153 $ (166,622) $ 44,812 $ 524,782 $ 1 ,098,957 $ 141,646 $4.137,183 $ 1.267,635 $ 13.301.313 61 City of Boynton Beach, Florida Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual Promissory Note Debt Service Fund For the Year Ended September 30,2004 Variance With Original and Final Budget Final Positive Budget Actual (Negative) Revenues: Taxes $ 1,187,744 $ 1,226,989 $ 39,245 Interest 5,500 9,297 3,797 Total revenues 1,193,244 1,236,286 43,042 Expenditures: Current: General government 1,561 1,060 501 Debt service: Principal retirement 936,200 936,200 Interest and fiscal charges 143,120 143,248 ( 128) 1,080,881 1,080,508 373 Net change in fund balance $ 112,363 155,778 $ 43,415 Fund balance, October 1, 2003 429,218 Fund balance, September 30,2004 $ 584,996 62 City of Boynton Beach, Florida Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual 2004 Public Service Tax Debt Service Fund For the Year Ended September 30, 2004 Variance With Original and Final Budget Final Positive Budget Actual (Negative) Revenues: Taxes $ 4,156,600 $ 4,081,616 $ (74,984) Interest 15,000 11 ,211 (3,789) Total revenue 4,171,600 4,092,827 (78,773) Expenditures: Current: General government 2,059 2,964 (905) Debt service: Principal retirement 1,465,000 1,465,000 Interest expense 459,508 459,508 Bond issuance costs 280,697 (280,697) Advanced refunding escrow 1,593,052 (1,593,052) 1,926,567 3,801,221 (1,874,654) Revenues over expenditures 2,245,033 291,606 (1,953,427) Other financing sources (uses): Transfers out (2,445,033) (12,850,000) (10,404,967) Refunding bonds issued 200,000 17,540,000 17,340,000 Refunding bonds premium 832,794 832,794 Payment to refunded bond escrow agent (6,582,337) (6,582,337) (2,245,033) (1,059,543) 1,185,490 Net change in fund balance $ (767,937) $ (767,937) Fund balance, October 1, 2003 1,771,083 Fund balance, September 30, 2004 $ 1,003,146 63 City of Boynton Beach, Florida Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual Fire Rescue Capital Improvement Fund For the Year Ended September 30,2004 Original and Final Budget Actual Variance With Final Budget Positive (Negative) Revenues: Special assessments Interest Total revenues $ 2,603,675 $ 2,310,637 $ 40,000 75,291 2,643,675 2,385,928 (293,038) 35,291 (257,747) Expenditures: Current: Public safety Capital outlay: Public safety 1,691,079 1,592,382 98,697 5,982,596 1,778,582 4,204,014 7,673,675 3,370,964 4,302,711 (5,030,000) (985,036) 4,044,964 4,672,661 $ 3,687,625 Net change in fund balance Fund balance, October 1, 2003 Fund balance, September 30, 2004 64 City of Boynton Beach, Florida Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual Local Option Gas Tax Fund For the Year Ended September 30,2004 Variance With Original and Final Budget Final Positive Budget Actual (Negative) Revenues: Taxes $ 1,000,000 $ 1,310,646 $ 310,646 Interest 10,000 12,368 2,368 Total revenues 1,010,000 1,323,014 313,014 Expenditures: Current: Public works 848 848 Total expenditures 848 848 Revenues over expenditures 1,009,152 1,322,166 313,014 Other financing uses: Transfers out (1,371,140) (1,124,663) 246,477 (1,371,140) (1,124,663) 246,477 Net change in fund balance $ (361,988) 197,503 $ 559,491 Fund balance, October 1, 2003 779,650 Fund balance, September 30, 2004 $ 977,153 65 City of Boynton Beach, Florida Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual Community Improvements Fund For the Year Ended September 30,2004 Revenues: Interest Miscellaneous Total revenues Original and Final Budget $ 3,400 $ 175,000 178,400 Actual Variance With Final Budget Positive (Negative) 5,140 $ 9,019 14,159 1,740 (165,981) (164,241) Expenditures: Current: Economic environment Total expenditures Revenues under expenditures Net change in fund balance 663,868 512,067 151,801 663,868 512,067 151,801 (485,468) (497,908) (12,440) 255,468 407,864 152,396 255,468 407,864 152,396 $ (230,000) (90,044 ) $ 139,956 614,826 $ 524,782 Other financing sources: Transfers in Fund balance, October 1, 2003 Fund balance, September 30, 2004 66 City of Boynton Beach, Florida Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual Recreation Program Fund For the Year Ended September 30, 2004 Revenues: Charges for services Interest Miscellaneous Total revenues Original and Final Budget $ 820,000 $ 7,000 7,500 834,500 721,176 $ 4,166 7,284 732,626 Actual Expenditures: Current: Culture and recreation Capital outlay: Culture and recreation Total expenditures Revenues under expenditures 976,703 769,286 26,425 26,416 1,003,128 795,702 (168,628) (63,076) (75,000) (75,000) (75,000) (75,000) $ (243,628) (138,076) $ 279,722 $ 141,646 Other financing uses: Transfers out Net change in fund balance Fund balance, October 1, 2003 Fund balance, September 30, 2004 67 Variance With Final Budget Positive (Negative) (98,824 ) (2,834 ) (216) (101,874) 207,417 9 207,426 105,552 105,552 City of Boynton Beach, Florida Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual Boynton Beach Memorial Park Fund For the Year Ended September 30, 2004 Revenues: Charges for services Interest Miscellaneous Total revenues Original and Final Budget $ 175,000 $ 70,000 4,000 249,000 Actual Variance With Final Budget Positive (Negative) 250,816 $ 46,481 5,260 302,557 75,816 (23,519) 1,260 53,557 Expenditures: Current: General government Capital outlay: Culture and recreation Total expenditures Revenues over expenditures Net change in fund balance 237,000 210,941 26,059 2,000 1,522 478 239,000 212,463 26,537 10,000 90,094 27,020 (10,000) (10,000) (10,000) (10,000) $ 80,094 $ 27,020 4,057,089 $ 4,137,183 Other financing uses: Transfers out Fund balance, October 1, 2003 Fund balance, September 30, 2004 68 NONMAJOR ENTERPRISE FUNDS Enterprise funds are used to account for operations that are financed and operated in a manner similar to private business enterprises. The costs of providing goods or services to the general public are financed or recovered primarily through user charges. Recreational Facilities Fund - To account for operation of the City's golf course. Mass Transit Fund - To account for the operations of the municipal public transportation system. 69 City of Boynton Beach, Florida Combining Statement of Net Assets Nonmajor Enterprise Funds September 30, 2004 Recreational Mass Facilities Transit Fund Fund Total ASSETS Current assets: Pooled cash and investments $ 713,049 $ 61,333 $ 774,382 Accounts receivable 3,317 3,317 Due from other governments 75.000 75,000 Prepaid items 3,191 3,191 Inventories 54,247 54,247 Total current assets 845.487 64.650 910.137 Noncurrent assets: Capital assets not being depreciated 1,356.467 1.356,467 Capital assets net of accumulated depreciation 1,407,872 1,159 1,409,031 Total assets 3,609.826 65,809 3,675,635 LIABILITIES Current liabilities: Accounts payable 135,744 103 135.847 Accrued expenses 33,048 4.243 37,291 Compensated absences payable 16,644 2,132 18,776 Total current liabilities 185.436 6,478 191,914 Noncurrent liabilities: Compensated absences payable 111,387 14.265 125,652 Total liabilities 296,823 20,743 317,566 NET ASSETS Invested in capital assets, net of related debt 2.764,339 1,159 2,765,498 Unrestricted 548,664 43,907 592,571 Total net assets $ 3,313,003 $ 45,066 $ 3,358,069 70 City of Boynton Beach, Florida Combining Statement of Revenues, Expenses and Changes in Net Assets Nonmajor Enterprise Funds For the Year Ended September 30, 2004 Recreational Mass Facilities Transit Fund Fund Total Operating revenues: Charges for services: Cart and green fees $ 1,664,707 $ $ 1,664,707 Dues 209,814 209,814 Transportation fees 14,281 14,281 Other services 531,712 531,712 Total operating revenues 2,406,233 14,281 2,420,514 Operating expenses: Personal services and benefits 1,325,329 170,992 1,496,321 Supplies and services 834,165 39,767 873,932 Depreciation and amortization 211,196 1,988 213,184 2,370,690 212,747 2,583,437 Operating income (loss) 35,543 (198,466) (162,923) Nonoperating revenues (expenses): Intergovernmental revenue 75,000 75,000 Interest income 11 ,799 241 12,040 Loss on disposal of capital assets (19,470) (19,470) Miscellaneous 11,861 11,861 67,329 12,102 79,431 Income (loss) before transfers 102,872 (186,364) (83,492) Transfers in (out): Transfers in 170,140 170,140 Transfers out (132,260) (132,260) (132,260) 170,140 37,880 Net loss (29,388) (16,224) (45,612) Net assets, October 1, 2003 3,342,391 61,290 3,403,681 Net assets, September 30, 2004 $ 3,313,003 $ 45,066 $ 3,358,069 71 City of Boynton Beach, Florida Combining Statement of Cash Flows Nonmajor Enterprise Funds For the Year Ended September 30, 2004 Recreational Mass Facilities Transit Fund Fund Total Cash Flows From Operating Activities Receipts from customers and users $ 2,406,417 $ 14,281 $ 2,420,698 Payments to suppliers (682,650) (5,483) (688,133) Payments to employees (1,322,003) (166,062) (1,488,065) Payments for interfund services used (52,506) (34,485) (86,991 ) Net cash provided by (used in) operating activities 349,258 (191,749) 157,509 Cash Flows From Noncapital Financing Activities Transfers in 170,140 170,140 Transfers out (132,260) (132,260) Net cash provided by (used in) noncapital financing activities (132,260) 170,140 37,880 Cash Flows From Capital and Related Financing Activities Acquisition of capital assets (276,371 ) (276,371 ) Other proceeds 11,861 11,861 Net cash provided by (used in) capital and related financing activities (276,371) 11,861 (264,510) Cash Flows From Investing Activity Interest received 11,799 241 12,040 Net cash provided by investing activity 11,799 241 12,040 Decrease in cash and cash equivalents (47,574) (9,507) (57,081) Cash and cash equivalents, October 1, 2003 760,623 70,840 831,463 Cash and cash equivalents, September 30, 2004 $ 713,049 $ 61,333 $ 774,382 Reconciliation of Operating Income (Loss) to Net Cash Provided by (Used in) Operating Activities: Operating income (loss) $ 35,543 $ (198,466) (162,923) Adjustments to reconcile operating income (loss) to net cash provided by (used in) operating activities: Depreciation and amortization 211,196 1,988 213,184 Changes in operating assets and liabilities: Accounts receivable 184 (368) (184) Prepaid items 912 101 1,013 Inventories 5,770 5,770 Accounts payable 92,327 66 92,393 Accrued expenses 7,607 539 8,146 Compensated absences payable (4,281) 4,391 110 Total adjustments 313,715 6,717 320,432 Net cash provided by (used in) operating activities $ 349,258 $ (191,749) $ 157,509 Noncash investing, capital and financing activities: Loss on disposal of capital assets $ 19,470 $ $ 19,470 72 INTERNAL SERVICE FUNDS Internal Service Funds are used to account for the financing of goods or services provided by one department to other departments of the government on a cost reimbursement basis. Vehicle Service Fund -- To account for the cost of operating a maintenance facility for automotive equipment used by other City departments, and administering the City fleet. Self-Insurance Fund -- To account for worker's compensation insurance coverage to all City employees, and the City's general and auto liability self- insurance program. Warehouse Fund -- To account for inventory and disbursement of commodities purchased in bulk. 73 City of Boynton Beach, Florida Combining Statement of Net Assets Internal Service Funds September 30, 2004 Vehicle Service Self-Insurance Warehouse Total ASSETS Current assets: Pooled cash and investments $ 4,829,902 $ 2,348,728 $ $ 7,178,630 Due from other funds 645,121 645,121 Prepaid items 70,176 70,176 Inventories 39,504 760,125 799,629 Total current assets 5,514,527 2,418,904 760,125 8,693,556 Noncurrent assets: Capital assets not being depreciated 33,166 33,166 Capital assets net of accumulated depreciation 5,910,443 3,682 19,143 5,933,268 Total assets 11,458,136 2,422,586 779,268 14,659,990 LIABILITIES Current liabilities: Accounts payable 94,174 76,961 34,019 205,154 Accrued expenses 19,176 6,481 7,585 33,242 Provision for insurance losses, current portion 1,076,317 1,076,317 Compensated absences payable 9,902 2,977 6,097 18,976 Due to other funds 645,121 645,121 Total current liabilities 123,252 1,162,736 692,822 1,978,810 Noncurrent liabilities: Compensated absences payable 66,265 19,926 40,803 126,994 Provision for insurance losses, less current portion 1,437,349 1,437,349 66,265 1,457,275 40,803 1,564,343 T otalliabilities 189,517 2,620,011 733,625 3,543,153 NET ASSETS (DEFICIT) Invested in capital assets, net of related debt 5,943,609 3,682 19,143 5,966,434 Unrestricted (deficit) 5,325,010 (201,107) 26,500 5,150,403 Total net assets (deficit) $ 11,268,619 $ (197,425) $ 45,643 $ 11,116,837 74 City of Boynton Beach, Florida Combining Statement of Revenues, Expenses and Changes in Net Assets Internal Service Funds For the Year ended September 30,2004 Vehicle Service Self-Insurance Warehouse Total Operating revenues: Charges for services $ 1,946,275 $ 2,109,053 $ 242,351 $ 4,297,679 Total operating revenues 1,946,275 2,109,053 242,351 4,297,679 Operating expenses: Personal services and benefits 658,710 158,849 254,798 1,072,357 Supplies, services and claims 1,508,265 1,869,373 23,098 3,400,736 Depreciation 2,185,153 2,945 4,222 2,192,320 4,352,128 2,031,167 282,118 6,665,413 Operating income (loss) (2,405,853) 77,886 (39,767) (2,367,734) Nonoperating revenues (expenses): Interest income 82,318 2,691 85,009 Loss on disposal of capital assets (29,660) (29,660) Miscellaneous income 124,298 7,172 131,470 52,658 126,989 7,172 186,819 Income (loss) before transfers (2,353,195) 204,875 (32,595) (2,180,915) Transfers in: Transfers in 54,179 2,440,000 2,494,179 Net income (loss) (2,299,016) 2,644,875 (32,595) 313,264 Net assets (deficit), October 1, 2003 13,567,635 (2,842,300) 78,238 10,803,573 Net assets (deficit), September 30, 2004 $ 11,268,619 $ (197,425) $ 45,643 $ 11,116,837 75 City of Boynton Beach, Florida Combining Statement of Cash Flows Internal Service Funds For the Year Ended September 30,2004 Vehicle Self. Service Insurance Warehouse Total Cash Flows From Operating Activities Receipts from interfund services provided $ 1,946,579 $ 2,109,053 $ 242,351 $ 4,297,983 Payments to suppliers (1,476,677) (1,880,813) (97,462) (3,454,952) Payments to employees (645,092) (150,519) (238,157) (1,033,768) Net cash provided by (used in) operating activities (175,190) 77,721 (93,268) (190,737) Cash Flows From Noncapital Financing Activities Loans from (to) other funds 239,088 (325,982) 86,894 Transfers in 54,179 2,440,000 2,494,179 Net cash provided by noncapital financing activities 293,267 2,114,018 86,894 2,494,179 Cash Flows From Capital and Related Financing Activities Acquisition of capital assets (1,451,158) (798) (1,451,956) Proceeds from sale of capital assets 201,331 201,331 Other proceeds 124,298 7,172 131,470 Net cash provided by (used in) capital and related financing activities (1,249,827) 124,298 6,374 (1,119,155) Cash Flows From Investing Activity Interest received 82,318 2,691 85,009 Net cash provided by investing activity 82,318 2,691 85,009 Increase (decrease) in cash and cash equivalents (1,049,432) 2,318,728 1,269,296 Cash and cash equivalents, October 1, 2003 5,879,334 30,000 5,909,334 Cash and cash equivalents, September 30, 2004 $ 4,829,902 $ 2,348,728 $ $ 7,178,630 Reconciliation of Operating Income (Loss) to Net Cash Provided by (Used in) Operating Activities: Operating income (loss) $ (2,405,853) $ 77 ,886 $ (39,767) (2,367,734) Adjustments to reconcile operating income (loss) to net cash provided by (used in) operating activities: Depreciation 2,185,153 2,945 4,222 2,192,320 Changes in operating assets and liabilities: Accounts receivable 304 304 Prepaid items 318 64,224 279 64,821 Inventories (427) (100,776) (101,203) Accounts payable 31,697 (1,243) 26,133 56,587 Accrued expenses 6,923 3,612 2,586 13,121 Provision for insurance losses (74,421 ) (74,421) Compensated absences payable 6,695 4,718 14,055 25,468 Total adjustments 2,230,663 (165) (53,501) 2,176,997 Net cash provided by (used in) operating activities $ (175,190) $ 77,721 $ (93,268) $ (190,737) Noncash investing, capital and financing activities: Loss on disposal of capital assets $ 29,660 $ $ $ 29,660 76 PENSION TRUST FUNDS Pension Trust Funds account for financial operations and condition of the City's three pension plans. General Employees' Pension Fund - To account for the accumulation of resources to be used for the retirement benefit payments to the City's general employees. Police Officers' Pension Fund - To account for the accumulation of resources to be used for the retirement benefit payments to the City's sworn police personnel. Firefighters' Pension Fund - To account for the accumulation of resources to be used for the retirement benefit payments to the City's certified fire personnel. 77 City of Boynton Beach, Florida Combining Statement of Fiduciary Net Assets Pension Trust Funds September 30, 2004 General Police Employees' Officers' Firefighters' Pension Pension Pension Fund Fund Fund Total Assets Cash and cash equivalents $ 813,684 $ 824,488 $ 265,181 $ 1,903,353 Investments U.S. government securities 12,304,535 2,865,232 10,578,260 25,748,027 Common stocks 33,340,278 5,650,823 20,050,527 59,041,628 Corporate bonds 6,407,757 947,166 3,795,513 11,150,436 Mortgage-backed securities 5,496,286 5,496,286 Mutual funds 8,319,477 23,977,299 1,695,309 33,992,085 Interest and dividends receivable 227,842 38,211 141,701 407,754 Other receivables 31,645 1,878,514 1,199,432 3,109,591 Prepaid items 1,750 1,750 Total assets 66,941 ,504 36,181,733 37,727,673 140,850,910 Liabilities Accounts payable 678,989 212,236 8,409 899,634 Due to general fund 228,257 228,257 T otalliabililies 907,246 212,236 8,409 1,127,891 Net assets Net assets held in trust for pension benefits $ 66,034,258 $ 35,969,497 $ 37,719,264 $ 139,723,019 78 City of Boynton Beach, Florida Combining Statement of Changes in Fiduciary Net Assets Pension Trust Funds For the Year ended September 30,2004 General Police Employees' Officers' Firefighters' Pension Pension Pension Fund Fund Fund Total Additions: Contributions: Employer $ 1,542,574 $ 1,897,240 $ 1,155,699 $ 4,595,513 Plan members 1,571,877 802,730 567,914 2,942,521 State 648,260 549,804 1,198,064 Total contributions 3,114,451 3,348,230 2,273,417 8,736,098 Investment income: Net appreciation in the fair value of investments (realized and unrealized) 2,683,604 2,471,109 1,229,426 6,384,139 Interest 1,175,350 204,948 675,555 2,055,853 Dividends 526,633 64,522 300,613 891,768 Miscellaneous 29,856 47,073 76,929 4,415,443 2,740,579 2,252,667 9,408,689 Less investment expenses Custodian fees 246,085 215,374 185,105 646,564 Net investment income 4,169,358 2,525,205 2,067,562 8,762,125 Total additions 7,283,809 5,873,435 4,340,979 17,498,223 Deductions: Benefits paid 2,840,067 2,167,292 1,871,799 6,879,158 Refunds of contributions 385,531 34,706 6,623 426,860 Other operating expenses 105,071 101,737 103,154 309,962 3,330,669 2,303,735 1,981,576 7,615,980 Net increase 3,953,140 3,569,700 2,359,403 9,882,243 Net assets held in trust for pension benefits, October 1, 2003 62,081,118 32,399,797 35,359,861 129,840,776 Net assets held in trust for pension benefits, September 30, 2004 $ 66,034,258 $ 35,969,497 $ 37,719,264 $ 139,723,019 79 City of Boynton Beach, Florida General Fund Revenue by Source and Other Financing Sources-Budgetary Basis-Unaudited Last Ten Fiscal Years Fiscal Year Licenses Charges Ended and Inter- for September 30 Taxes Permits Governmental Services 1995 $ 19,081,791 $ 2,204,191 $ 4,657,243 $ 1,559,495 1996 20,061,973 2,419,639 4,679,085 1,483,842 1997 21,340,839 2,613,267 5,053,291 1,296,201 1998 22,150,455 2,827,749 5,299,694 1,329,763 1999 22,993,030 2,699,350 5,446,576 1,568,157 2000 23,666,542 3,436,709 5,956,776 1,758,769 2001 25,023,204 3,758,160 6,312,656 2,103,282 2002 26,973,135 2,741,792 6,154,238 2,366,411 2003 27,471,477 3,076,313 7,006,757 2,606,569 2004 28,208,605 6,648,957 8,337,402 2,791,326 Note: Includes General Fund (budgetary basis) only. Continued on next page. 80 Annual Rents and Other Percentage Fines and Royalties and Financing Increase Forfeitures Interest Miscellaneous Sources Total (Decrease) $ 120,518 $ 481,349 $ 85,798 $ 3,004,614 $ 31,194,999 5.9 % 131,476 585,636 150,165 3,135,787 32,647,603 4.7 152,224 665,324 354,365 3,399,023 34,874,534 6.8 132,008 1,232,370 105,967 4,461,280 37,539,286 7.6 127,788 553,340 150,587 3,411,248 36,950,076 (1.6) 117,019 1,215,612 442,388 4,084,982 40,678,797 10.1 151,047 1,842,954 339,048 4,760,657 44,291,008 8.9 189,489 1,254,874 309,278 4,308,800 44,298,017 0.0 187,560 613,260 231,563 4,227,364 45,420,863 2.5 236,278 344,455 395,264 4,306,800 51,269,087 12.9 81 City of Boynton Beach, Florida General Fund Expenditures by Function and Other Financing Uses- Budgetary Basis-Unaudited Last Ten Fiscal Years Public Safety Inspection Fiscal Year Permits Ended General and Animal September 30 Government Police Fire Licenses Control 1995 $ 5,507,002 $ 8,678,530 $ 6,343,155 $ 1,446,847 $ 101,664 1996 6,041,201 9,495,659 6,441,854 1,426,511 104,329 1997 6,338,557 9,828,744 6,513,492 1,433,615 104,732 1998 7,000,824 9,278,782 6,599,824 1,724,552 107,196 1999 6,712,016 10,852,070 7,101,819 1,881,350 115,452 2000 7,258,304 11,141,926 7,444,459 2,481,416 114,476 2001 8,973,320 11,420,699 7,734,552 2,884,167 118,374 2002 9,356,883 12,187,477 8,311,080 2,984,006 128,583 2003 9,804,932 14,159,833 9,237,876 2,929,191 125,397 2004 10,556,784 15,453,164 10,228,091 3,254,943 146,716 Note: Includes General Fund (budgetary basis) only. Continued on next page. 82 Culture Public and Works Recreation Other Total $ 988,327 $ 4,698,125 $ - $ 27,763,650 1,001,611 4,815,581 1,253,954 30,580,700 1,033,470 5,001,914 3,413,402 33,667,926 976,153 4,896,973 2,078,693 32,662,997 1,065,895 5,557,201 3,022,876 36,308,679 1,044,324 6,108,353 6,140,433 41,733,691 1,181,010 7,003,614 1,526,726 40,842,462 1,116,442 6,637,240 2,318,319 43,040,030 1,170,718 6,941,931 2,947,237 47,317,115 1,154,696 7,050,778 1,063,508 48,908,680 83 City of Boynton Beach, Florida Property Tax levies and Collections-Unaudited Last Ten Fiscal Years Fiscal Year Current Ended Total Tax Tax September 30 Levy Collections 1995 $ 16,410,895 $ 16,314,844 1996 17,200,873 17,103,120 1997 17,989,343 17,911,988 1998 18,753,009 18,672,518 1999 19,875,591 19,789,427 2000 20,243,189 20,125,134 2001 20,950,505 20,863,339 2002 22,460,999 22,395,056 2003 23,191,047 23,119,714 2004 25,511,741 25,451,807 Note: All property taxes are assessed and collected by Palm Beach County without charge to the City, and collections are distributed in full as collected. Continued on next page. 84 Total Outstanding Collections as Delinquent Percent Delinquent Percent Outstanding Taxes as of Levy Tax Total Tax of Current Delinquent Percent of Collected Collections Collections Levy Taxes Current Levy 99.4 % $ 244,331 $ 16,559,175 100.9 % $ 515,577 3.1 % 99.4 42,029 17,145,149 99.7 571,301 3.3 99.6 133,128 18,045,116 100.3 467,661 2.6 99.6 63,831 18,736,349 99.9 482,494 2.6 99.6 18,730 19,808,157 99.7 484,322 2.4 99.4 55,429 20,180,563 99.7 469,902 2.3 99.6 43,042 20,906,381 99.8 454,792 2.2 99.7 38,498 22,433,554 99.9 244,863 1.1 99.7 66,395 23,186,109 100.0 247,685 1.1 99.8 31,242 25,483,049 99.9 249,211 1.0 85 City of Boynton Beach, Florida Assessed and Estimated Actual Value of Taxable Property-Unaudited Last Ten Fiscal Years (Dollars in Thousands) Real Property Personal Property Fiscal Year Estimated Estimated Ended Assessed Actual Assessed Actual September 30 Value Value Value Value 1995 $ 2,088,199 $ 2,233,368 $ 248,412 $ 345,017 1996 2,174,386 2,320,532 277 ,204 387,808 1997 2,196,263 2,349,983 331,795 460,385 1998 2,310,081 2,468,380 345,124 482,625 1999 2,432,848 2,588,395 329,802 329,802 2000 2,606,324 2,751,880 323,935 406,377 2001 2,705,264 2,865,074 309,417 386,122 2002 2,987,970 3,150,594 296,202 369,774 2003 3,316,616 3,511,340 272,475 339,646 2004 3,894,452 4,121,290 252,313 313,266 Source: Palm Beach County Property Appraiser's Office. Continued on next page. 86 Ratio of Centrally Assessed Total Property Exemptions Total Assessed Estimated Estimated to Total Assessed Actual Real Assessed Actual Estimated Value Value Property Value Value Actual Value $ 1,889 $ 1,889 $ 398,134 $ 1,940,366 $ 2,580,274 75.20% 2,136 2,136 407,712 2,046,014 2,710,476 75.49 2,164 2,164 382,900 2,147,322 2,812,532 76.35 3,084 3,084 412,348 2,245,941 2,954,089 76.03 3,421 3,421 428,060 2,338,011 2,921,618 80.02 3,109 3,109 458,482 2,474,886 3,161,366 78.29 2,988 2,988 472,670 2,544,999 3,254,184 78.21 2,849 2,849 551,441 2,735,580 3,523,217 77.64 2,904 2,904 695,701 2,896,294 3,853,890 75.15 3,879 3,879 918,637 3,232,007 4,438,435 72.82 87 City of Boynton Beach, Florida Property Tax Rates-All Direct and Overlapping Governments-Unaudited Last Ten Fiscal Years (per $1,000 of assessed value) City of Boynton Beach Debt Fiscal General Service School Year Fund Fund Total District County Other (1) Total 1995 7.925 0.504 8.429 10.185 4.293 2.623 25.530 1996 7.925 0.482 8.407 9.761 4.218 2.585 24.971 1997 7.925 0.457 8.382 9.797 4.236 2.286 24.701 1998 7.925 0.411 8.336 9.060 4.600 1.350 23.346 1999 7.816 0.451 8.267 9.179 4.600 2.234 24.280 2000 7.816 0.425 8.241 9.043 4.600 2.186 24.070 2001 7.816 0.411 8.227 9.043 4.600 2.263 24.133 2002 7.816 0.411 8.227 8.948 4.935 2.456 24.566 2003 7.600 0.395 7.995 8.779 4.808 2.489 24.071 2004 7.500 0.380 7.880 8.571 4.791 2.556 23.798 Source: Palm Beach County Tax Collector Tax rate limits Scope of tax rate limit - Ten mills per Florida Statute 200.081 - No municipality shall levy ad valorem taxes for real and tangible personal property in excess of ten mills of the assessed value, except for special benefits and debt service on obligation issued with the approval of those taxpayers subject to ad valorem taxes. - March 31 - April 1 - 4% November; 3% December; 2% January; 1 % March - 2.5% after April 1 , increasing .5% each ten days to maximum 5.0% - Palm Beach County - None Taxes due Taxes delinquent Discount allowed Penalties for delinquency Tax collector Tax collector's commission (1) Other tax rates include the South Florida Water Management District, Florida Inland Navigation District, Health Care District, Children's Services Council and Everglades Construction. 88 City of Boynton Beach, Florida Ratio of Net General Obligation Debt to Assessed Value and Net General Obligation Debt Per Capita-Unaudited Last Ten Fiscal Years Fiscal Year Ended September 30 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Note: The population estimate for all years was calculated by the City's planning department. Continued on next page. 89 Population 49,085 50,940 52,311 53,635 55,483 56,300 61,816 62,847 64,593 65,208 Ratio of Net General Gross Less Debt Obligation Net General General Service Net General Debt to Obligation Assessed ObUgation Funds Obligation Assessed Debt Per Value Debt Available Debt Value Capita $ 1,940,366,080 $ 8,655,000 $ 2,360,917 $ 6,294,083 0.32% $ 128 2,046,014,000 8,180,000 2,484,550 5,695,450 0.28 112 2,147,322,000 7,675,000 2,499,393 5,175,607 0.24 99 2,245,941,000 7,045,000 2,540,182 4,504,818 0.20 84 2,338,011,000 6,390,000 2,591,802 3,798,198 0.16 68 2,474,886,000 4,986,434 4,986,434 0.20 89 2,544,999,000 4,667,670 273,625 4,394,045 0.17 71 2,735,580,000 3,918,217 381,908 3,536,309 0.13 56 2,896,294,000 3,033,354 429,218 2,604,136 0.09 40 3,232,007,000 2,097,154 584,996 1,512,158 0.05 23 90 City of Boynton Beach, Florida Computation of Direct and Overlapping General Obligation Debt - Unaudited September 30, 2004 Net General Obligation Debt, September 30, 2004 Estimated Percent Applicable Direct and Overlapping Net General Obligation Debt City of Boynton Beach: General obligation note $ 1,512,158 100.00% $ 1.512,158 Palm Beach County: General Obligation Bonds 224,765,000 School Board 154,400,000 $ 379,165,000 3.28% 12,436,612 Total direct and overlapping bonded debt payable from taxes $ 13,948,770 Estimated population 65,208 Overlapping net debt per capita $ 214 91 City of Boynton Beach, Florida Computation of Legal Debt Margin - Unaudited September 30, 2004 (Dollars in Thousands) Assessed valuations: Assessed value $ 3,232,007 Add back:exempt real property 918,637 Assessed valuations: $ 4,150,644 Legal debt margin: Debt Iimitation-10% of total assessed value $ 415,064 Debt applicable to limitation: Total general obligation debt 2,097 Less: Amount available for repayment of general obligation debt 585 Total debt applicable to limitation 1,512 Legal debt margin $ 413,552 The City has established as a maximum cap for long-term general obligation debt, 10% of the total assessed value of both real and personal property within the City limits. This cap shall be adjusted annually to reflect the annual changes in the assessed value. There shall be no limitation on the use of revenue bonds as a percent of total debt service of the City. 92 City of Boynton Beach, Florida Ratio of Annual Debt Service Requirements for General Obligation Debt to Total General Fund Expenditures- Budgetary Basis-Unaudited Last Ten Fiscal Years Ratio of Total Debt Service Fiscal Year General to General Ended Total Debt Fund Fund September 30 Principal Interest Service Expenditures (1) Expenditures 1995 $ 455,000 $ 493,132 $ 948,132 $ 27,763,650 0.0342 1996 475,000 476,326 951,326 30,580,700 0.0311 1997 505,000 451,518 956,518 33,667,926 0.0284 1998 630,000 424,468 1,054,468 32,662,997 0.0323 1999 655,000 392,002 1,047,002 36,308,679 0.0288 2000 695,000 374,708 1,069,708 41,674,502 0.0257 2001 318,674 159,649 478,323 40,842,462 0.0117 2002 749,453 229,923 979,376 43,040,030 0.0228 2003 884,963 188,847 1,073,810 47,317,115 0.0227 2004 936,200 143,120 1,079,320 48,908,680 0.0221 (1) Includes transfers out. 93 City of Boynton Beach, Florida Schedule of Water and Sewer Revenue Bond Debt Service Coverage-Unaudited Last Ten Fiscal Years (A)-(B) Net Revenue (B) Available (A) Current for Debt Coverage Current Year Revenue (1) Expenses (2) Coverage Requirement (3) Coverage (4) 1995 $ 21,567,934 $ 10,858,624 $ 10,709,310 $ 4,375,391 2.45 1996 22,505,993 11,814,452 10,691,541 4,376,420 2.44 1997 23,297,598 12,100,657 11,196,941 3,610,809 3.10 1998 25,092,939 12,390,830 12,702,109 3,436,133 3.70 1999 24,465,299 13,815,539 10,649,760 4,806,854 2.22 2000 26,819,080 14,759,425 12,059,655 4,885,561 2.47 2001 29,209,194 15,884,244 13,324,950 5,254,259 2.54 2002 28,313,646 14,395,176 13,918,470 9,845,079 1.41 2003 27,625,940 15,185,354 12,440,586 6,995,286 1.78 2004 27,560,353 19,574,242 7,986,111 6,950,564 1.15 The following definitions are in accordance with the bond resolutions: (1) Includes operating and nonoperating revenue and certain transfers. (2) Includes operating and nonoperating expenses. Excludes depreciation, amortization and transfers for administrative expenses. (3) Includes 110% of current debt service and 100% of the renewal, replacement and improvement required deposit. (4) Coverage requirement is 1.00. 94 City of Boynton Beach, Florida Property Value and Construction-Unaudited Last Ten Fiscal Years Total Commercial Residential Assessed Construction** Construction** Fiscal Year Property Number Ended Value* (in of Number of September 30 thousands) Buildings Value Units Value 1995 $ 2,580,274 5 $ 5,244.776 626 $ 39,310,718 1996 2,710,476 4 3,888,000 471 43,048,577 1997 2,812,532 15 12,315,005 527 47,304,809 1998 2,954,089 22 22,568,663 697 43,133,484 1999 2,921,618 24 18,377,934 435 32,960,174 2000 3,161,366 31 36,898,723 365 31,630,105 2001 3,254,184 16 17,052,582 867 64,423,54 7 2002 3,523,217 12 7,329.262 628 38,229,483 2003 3,853,890 25 27,786,988 262 24,819,386 2004 4,438,435 26 67,569,812 1285 128,319,204 Source: * Palm Beach County Property Appraiser's Office. ** City building department. 95 City of Boynton Beach, Florida Principal Taxpayers-Unaudited Percentage Taxable of Total Taxpayer Type of Business Valuation Taxes Taxes Boynton JCP Assoc.. Retail shopping mall $ 83,700,000 $ 659,556 2.585 % Tuscanny Tarragon, LLC Real estate developer 29,424,000 231,861 0.909 ERP Operating Ltd Partnership Rental apartments 29,200,000 230,096 0.902 California State Teachers Retirement System Rental apartments 28,400,300 223,794 0.877 Boynton Beach Development Assoc. Retail shops 26,500,000 208,820 0.819 Boynton Villa Del Sol, LLC Real estate developer 25,850,291 203,700 0.798 Publix Super Markets, Inc. Grocery stores 23,928,695 188,558 0.739 LPC Club Meadows, LP Rental apartments 23,800,000 187,544 0.735 Villas At Quantum Park Rental apartments 22,500,000 177,300 0.695 Premier Gateway Center at Quantum Real estate developer 17,462,265 137,603 0.539 310,765,551 2,448,832 9.599 Other 2,921,241,449 23,062,909 90.401 $ 3,232,007,000 $25,511,741 100.000 % Source: Palm Beach County Property Appraiser. 96 City of Boynton Beach, Florida Demographic Statistics-Unaudited Fiscal Year School Ended September Population Enrollment Unemployment 30 * ** Rate*** 1995 49,085 132,725 7.80 1996 50,940 133,991 8.40 1997 52,311 136,588 7.80 1998 53,635 139,185 6.70 1999 55,483 148,781 5.70 2000 56,300 154,038 5.50 2001 61,816 156,856 5.90 2002 62,847 161,949 5.40 2003 64,593 166,845 4.80 2004 65,208 172,532 4.60 * The population estimate for all years was calculated by the City's planning department. ** Data is for Palm Beach County. Source: Palm Beach County school information. *** Data is for all of Palm Beach County. Source: Florida Department of Commerce, Division of Employment Security 97 Date of Incorporation: Form of Government: Location and Area: Police Protection: Fire Protection: Recreational Facilities: Continued on next page. City of Boynton Beach, Florida Miscellaneous Statistical Data-Unaudited July21,1920 City Commission-Manager with four commission members elected from districts to serve staggered three-year terms and a mayor elected at large for a three-year term. The vice mayor is chosen by the commission on an annual basis. The City Manager is appointed by the commission. The City encompasses an area of 16.1 square mites and is located about 12 miles south of West Palm Beach which is the county seat of Palm Beach County. The City is bounded on the east by Lake Worth and the Intracoastal Waterway, except for a small section which extends to the Atlantic Ocean. Palm Beach County is located on the southeast coast of Florida and extends westward to Lake Okeechobee with a total area of 2,230 square miles including 46 miles of frontage on the Atlantic Ocean and about 25 miles of frontage on Lake Okeechobee. 137 sworn officers, 36 civilian full-time employees and one part-time clerk. 3 fire stations, 113 firefighters (83 are state-certified paramedics), 19 civilians and 8 advanced life support units. Tennis courts-31 (29 lighted) Tennis pro shops-1 Shuffleboard courts-16 lighted Ball fields-11 (10 lighted diamonds) Public beach-965 feet frontage on the Atlantic Ocean Boat launching ramps-4 boat ramps on the Intracoastal and 2 boat ramps at Pioneer Canal Park Swimming pool-25 meter Parks-27 locations with various recreational facilities and playgrounds Activity centers-5 Municipal golf course-27 holes Racquetball Courts-8 (all lighted) Senior Center 98 City of Boynton Beach, Florida Miscellaneous Statistical Data-Unaudited Water System: Water plants capacity: Total meters: Total living units served: Residential rate: Inside City Outside City Sewer System: 28.1 MGD 32,626 52,418 $4.00 base rate per month plus graduated scale based on consumption $5.00 base rate per month plus graduated scale based on consumption Joint Regional Wastewater Treatment Plant (Boynton Beach-Delray Beach): Total connections (City sewage collection): Total living units served: Residential rate: Inside City Outside City Elections: Number of registered voters: Last general election Number of votes cast in: Last general election Percentage of registered voters voting in: Last general election 99 12.0 MGD reserved for Boynton Beach service area 30,712 49,389 $10.13 base $1.54/1,000 gallons with a maximum of 7,000 gallons $12.66 base $1.93/1,000 gallons with a maximum of 7,000 gallons 38,761 7,449 19.2 ...J!III - CALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. WILLIAM K. CALER, JR.. CPA LOillS M. COHEN. CPA DAVID S. DONTEN,CPA SCOIT D. DRUKER, CPA, 10 JAMES B. HUTCHISON, CPA JOEL H. LEVINE, CPA JAMES F. MULLEN, IV, CPA THOMAS A. PENCE, JR., CPA SCOIT L. PORTER, CPA MARK D. VEll... CPA CERTIFIED PUBLIC ACCOUNTANTS 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH. FL 33401-5948 MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS TELEPHONE (561) 832-9292 FAX (561) 832-9455 FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS info@cdlcpa.com Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards The Honorable Mayor and City Commission City of Boynton Beach, Florida We have audited the accompanying financial statements of the governmental activities, the business-type activities, the discretely presented component unit, each major fund and the aggregate remaining fund information of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2004, which collectively comprise the basic financial statements of the City of Boynton Beach, Florida, and have issued our report thereon dated April 27, 2005. We conducted our audit in accordance with U.s. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the internal control over financial reporting of the City of Boynton Beach, Florida, in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. Compliance and Other Matters As part of obtaining reasonable assurance about whether the financial statements of the City of Boynton Beach, Florida, are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 100 This report is intended solely for the information and use of the City Commission and management of the City of Boynton Beach, Florida, federal and state awarding and pass-through agencies, and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. Ctk, ~, ~I ~I p~ ~ VV:< ~A, April 27, 2005 101 -J!III - CALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. WILLIAM K. CALER, JR., CPA Loms M. COHEN, CPA DAVID S. DONTEN. CPA SCOTI D. DRUKER, CPA, ill JAMES B. HUTCHISON. CPA JOEL H. LEVINE, CPA JAMES F. MULLEN. IV. CPA THOMAS A. PENCE. JR., CPA SCOTI L. POlITER, CPA MARK D. VEIL. CPA CERTIFIED PUBLIC ACCOUNTANTS 505 SOUTH FLAGLER DRIVE. SUITE 900 WEST PALM BEACH. FL 33401-5948 MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS TELEPHONE (561) 832-9292 FAX (561) 832-9455 FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS info@cdlcpa.com Independent Auditor's Report on Compliance with Requirements Applicable to Each Major Federal Program and State Project and Internal Control Over Compliance The Honorable Mayor and City Commission City of Boynton Beach, Florida Compliance We have audited the compliance of the City of Boynton Beach, Florida, with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement, and the requirements described in the Executive Office of the Governor's State Projects Compliance Supplement, that are applicable to its major federal programs and state project for the year ended September 30, 2004. The major federal programs and state project of the City of Boynton Beach, Florida, are identified in the summary of auditor's results section of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its major federal programs and state project is the responsibility of the management of the City of Boynton Beach, Florida. Our responsibility is to express an opinion on compliance by the City of Boynton Beach, Florida, based on our audit. We conducted our audit of compliance in accordance with U.s. generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations; and Chapter 10.550, Rules of the Auditor General. Those standards, OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General, require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program or state project occurred. An audit includes examining, on a test basis, evidence about compliance by the City of Boynton Beach, Florida, with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on compliance by the City of Boynton Beach, Florida, with those requirements. In our opinion, the City of Boynton Beach, Florida, complied, in all material respects, with the requirements referred to above that are applicable to its major federal programs and state project for the year ended September 30, 2004. 102 Internal Control Over Compliance The management of the City of Boynton Beach, Florida, is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants applicable to federal programs and state projects. In planning and performing our audit, we considered the City's internal control over compliance with requirements that could have a direct and material effect on a major federal program or state project in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on the internal control over compliance in accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulations, contracts and grants caused by error or fraud that would be material in relation to a major federal program or state project being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. This report is intended for the information and use of the City Commission and management of the City of Boynton Beach, Florida, federal and state awarding and pass-through agencies and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. ak, ~, ~, ~, p~ ~ Vd, ~A, April 27, 2005 103 .' f";lo"{"li~~."'.,,,,....it..~".;;.;<_,,_._ CITY OF BOYNTON BEACH, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISf ANCE Year Ended September 30, 2004 Grantor/ CFDA Contract/ Grant 2004 Program Transfers to Program Title Number Number Expenditures Subrecipients Federal Awards U.S. Department of Housing and Urban Development Direct A wards Community Development Block Grant/Entitlement Grant 14.218 B-OO-MC-12-0043 $ 58,147 $ 58,147 Community Development Block Grant/Entitlement Grant 14.218 B-01-MC-12-0043 52,796 52,796 Community Development Block Grant/Entitlement Grant 14.218 B-02-MC-12-0043 578,000 578,000 Community Development Block Grant/Entitlement Grant 14.218 B-03-MC-12-0043 71,543 29,481 Total U.s. Department of Housing and Urban Development 760,486 718,424 U.S. Department ofJustice Direct A wards Local Law Enforcement Block Grant 16.592 2003-LB-BX-1611 84,286 0 Bureau of Justice Assistance 16.607 N/A 6,265 0 90,551 0 Pass through award from Palm Beach County, Florida Byrne Formula Grant - Multi-Agency Narcotic Unit Grant 16.579 O4-CJ- J3-1 0-60-01-23 61,622 0 Total u.s. Department of Justice 152,173 0 U.S. Department of Transportation Pass through awards from the State of Florida Department of Transportation DUI Enforcement Specialist Phase II Grant 20.601 J8-04-06-23 74,796 0 Aggressive Driving Program 20.600 SC-04-13-16 43,621 0 Total U.S. Department of Transportation 118,417 0 U.S. Department of Homeland Security Pass through award from the State of Florida Department of Community Affairs Federal Emergency Management Agency Public Assistance Grant 97.036 05-P A-G %-10-60-00-895 1,320,000 0 Hazard Mitigation Grant 97.039 OH-HM-?L-10-60-15-013 40,780 0 Total U.s. Department of Homeland Security 1,360,780 0 Total Federal Awards $ 2,391,856 $ 718,424 See notes to schedule of expenditures of federal awards and state financial assistance. 104 CITY OF BOYNTON BEACH, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND ST ATE FINANCIAL ASSISTANCE (Continued) Year Ended September 30,2004 Grantor/ CSFA Contract/ Grant 2004 Program Transfers to Program Title Number Number Expenditures Subrecipients State Financial Assistance Florida Department of Environmental Protection Pass through award from Palm Beach County, Florida Statewide Surface Water Restoration and Wastewater Projects Lake Worth Lagoon - Outfall Water Quality 37.039 R2001-0395 $ 186,120 $ 0 Florida Department of State Division of Library and Information Services Pass through award from Palm Beach County, Florida State Aid to Libraries 45.030 03-ST -44 97,702 0 Florida Housing Finance Agency Direct Awards State Housing Initiatives Partnership Program 52.901 N/A 282,287 0 State Housing Initiatives Partnership Program 52.901 N/A 286,863 0 State Housing Initiatives Partnership Program 52.901 N/A 750 0 Total Florida Housing Finance Corporation 569,900 0 Total State Financial Assistance $ 853,722 $ 0 See notes to schedule of expenditures of federal awards and state financial assistance. 105 CITY OF BOYNTON BEACH, FLORIDA NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE September 30, 2004 NOTE A - SIGNIFICANT ACCOUNTING POLICIES The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance includes the federal awards and state financial assistance of the City of Boynton Beach, Florida, for the year ended September 30,2004 and is presented in accordance with the requirements of the provisions of OMB Circular A-133 and the requirements of the Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General. The Schedule of Expenditures of Federal Awards and State Financial Assistance has been prepared on the modified accrual basis of accounting. NOTE B - SCOPE OF SINGLE AUDIT The federal programs and state financial assistance projects have been audited in accordance with the provisions of OMB Circular A-133, the Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General, for program transactions occurring during the year ended September 30, 2004. The City had two federal programs meeting the definition of a Type A program under the provisions of OMB Circular A-133. The following Type A programs were audited as major federal programs: CFDA Number U.S. Department of Housing and Urban Development Community Development Block Grant/Entitlement Grant 14.218 U.S. Department of Homeland Security Pass through award from the State of Florida Department of Community Affairs Federal Emergency Management Agency Public Assistance Grant 97.036 The City had one state financial assistance project meeting the definition of a Type A program under the provisions of the Florida Single Audit Act. The following Type A program was audited as a major state project: CSFA Number Florida Housing Finance Agency State Housing Initiatives Partnership Program 52.901 NOTE C - CONTINGENCY Amounts received or receivable from grantor agencies are subject to audit and adjustment by those agencies. Any disallowed claims, including amounts already received, might constitute a liability of the City for the return of those funds. In the opinion of management, all grant expenditures were in compliance with the terms of the grant agreements and applicable federal and state laws and regulations. 106 CITY OF BOYNTON BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL PROGRAMS AND STATE PROJECTS Year Ended September 30, 2004 A. SUMMARY OF AUDITOR'S RESULTS 1. The auditor's report expresses an unqualified opinion on the basic financial statements of the City of Boynton Beach, Florida. 2. There were no reportable conditions disclosed during the audit of the basic financial statements of the City of Boynton Beach, Florida. 3. No instances of noncompliance material to the basic financial statements of the City of Boynton Beach, Florida, were disclosed during the audit. 4. There were no reportable conditions relating to the audit of the major federal programs and/ or state project. 5. The auditor's report on compliance for the major federal programs and state project for the City of Boynton Beach, Florida, expresses an unqualified opinion. 6. There were no audit findings relative to the major federal programs and state project for the City of Boynton Beach, Florida. 7. The programs/projects tested as major programs/projects were as follows: FEDERAL PROGRAMS CFDA Number U.S. Department of Housing and Urban Development Community Development Block Grant/ Entitlement Grant 14.218 U.S. Department of Homeland Security Pass through award from the State of Florida Department of Community Affairs Federal Emergency Management Agency Public Assistance Grant 97.036 STATE PROJECT CSFA Number Florida Housing Finance Agency State Housing Initiatives Partnership Program 52.901 8. The threshold for distinguishing Type A and B programs/projects was $300,000 for major federal programs and $256,117 for major state projects. 107 CITY OF BOYNTON BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL PROGRAMS AND STATE PROJECTS Year Ended September 3D, 2004 9. The City of Boynton Beach, Florida, was determined to be a low-risk auditee. B. FINDINGS - BASIC FINANCIAL STATEMENTS None C. FINDINGS AND QUESTIONED COSTS - MAJOR FEDERAL PROGRAMS None D. FINDINGS AND QUESTIONED COSTS - MAJOR STATE PROJECT None E. OTHER MATTERS 1. A Summary Schedule of Prior Audit Findings is not required because there were no prior year audit findings related to federal progtams or state projects. 2. A Corrective Action Plan is not required because there were no prior year findings required to be reported under the Federal or Florida Single Audit Acts. 108 ..JIII - CALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILUAM K. CALER. JR., CPA LOUIS M. COHEN, CPA DAVID S. DONTEN, CPA SC017 D. DRUKER, CPA, JD JAMES B. HUTCHISON, CPA JOEL H. LEVINE. CPA JAMES F. MULLEN, IV, CPA mOMAS A. PENCE, JR.. CPA SC017L.PORTER,CPA MARK D. VEIL, CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS TELEPHONE (561) 832-9292 FAX (561) 832-9455 FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS info@cdlcpa.com Management Letter The Honorable Mayor and City Commission City of Boynton Beach, Florida We have audited the financial statements of the City of Boynton Beach, Florida, as of and for the year ended September 30,2004, and have issued our report thereon dated April 27, 2005. We conducted our audit in accordance with U.s. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. We have issued our Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards. Disclosures in that report, which is dated April 27, 2005, should be considered in assessing the results of our audit. Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General, which require that we address certain compliance and other matters in the management letter, if not already addressed in the auditor's report on internal control over financial reporting and on compliance and other matters. In planning and performing our audit of the financial statements of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2004, we considered the City's internal control over financial reporting in order to determine the scope of our audit procedures for the purpose of expressing opinions on the financial statements and not to provide an opinion on the internal control over financial reporting. While our purpose was not to provide an opinion on internal control, certain matters came to our attention that we want to report to you. These matters, along with our recommendations, are as follows. CURRENT YEAR FINDINGS AND RECOMMENDATIONS Uncollectible Accounts Receivable (2004-1) The City does not have a formal policy in place regarding the collection of accounts receivable or the write off of uncollectible accounts. During our audit, most of the detail subsidiary accounts receivable listings contained accounts that had receivable balances in excess of 180 days. For example, at September 3D, 2004, the City had unpaid lot mowing and code enforcement related fees that were over one year past due. In addition, as of September 30, 2004 the fire inspection fees receivable account has approximately $59,000 of inspection fees receivable that date back prior to September 30, 2003. Individually, all of these amounts are small. The City should establish a policy regarding the collection and write-off of accounts receivable, including procedures for evaluating collectibility, use of collection agencies and authorizations required to write-off delinquent accounts. The policy could include an administrative 109 sign-off by the City Manager and the Director of Financial Services, with a notification to the City Commission. Purchasing (2004-2) During our testing of cash disbursements, we noted one transaction out of our sample of 60 items in which the City entered into a contract for the purchase of hydrogen peroxide. We noted that the price being charged per pound was more than the contract price. This resulted in an overcharge to the City on this invoice of $585. Upon further investigation, it appears that the City was charged the incorrect rate on all invoices it received. The supplier was subsequently notified and a credit was issued to the City. We recommend that the City review its policy regarding matching purchase orders and contract prices to invoices. The system for approving invoices for payment should include a procedure where the department matches the invoice price to the purchase order or original contract and signs-off as such, prior to payment by the City. Investments (2004-3) The City currently has an approved investment policy. However, the policy has not been revised since it was originally established several years ago and it does not address all required elements in Florida Statute 218.415. The missing elements include prudence and ethical standards, master repurchase agreement, internal controls, and continuing education. We recommend that the City review its existing policy and Florida Statute 218.415 and amend its policy to encompass all the necessary elements of the statute. The City's current investment policy requires a quarterly investment report be submitted to City management and the City Commission. This was not done during the 2003-2004 fiscal year. We recommend that this requirement be reviewed and amended to follow Florida Statute 218.415. Approval of TournaI Entries (2004-4) We noted that many of the year end journal entries were initiated and posted by an employee in the Finance Department with no review or approval. While this may be a result of not having an assistant finance director for almost half of the year, we recommend that someone review and approve all entries to maintain internal controls over the reporting process. PRIOR YEAR FINDINGS AND RECOMMENDATIONS The Rules of the Auditor General require that we address in the management letter, if not already addressed in the auditor's report on internal control over financial reporting and on compliance and other matters, whether or not inaccuracies, shortages, defalcations, fraud, and/ or violations of laws, rules, regulations and contractual provisions reported in the preceding annual financial audit report have been corrected. Additionally, the Rules of the Auditor General require that we address in the management letter, if not already addressed in the auditor's report on internal control over financial reporting and on compliance and other matters, whether or not recommendations made in the preceding management letter have been followed or otherwise no longer apply. We noted that the comments in the prior year management letter relating to General Employees Pension Financial Management, General Employees Pension Plan Cash Disbursements, and Pension Administration were addressed by the City or no longer apply. The following prior year comments still require further action by management. General Employees Pension Benefit Calculations (2003-2) The final benefit calculation containing all pertinent wage information is supposed to be submitted to the 110 actuary for review and approval. Of the 16 new retirees we selected for testing, we noted that 13 of the retirees had not been submitted to the actuary for review. It is our understanding that all of the remaining 2004 retiree calculations were submitted to the actuary in March 2005 for approval. We recommend that the Plan Administrator adhere to the Plan's policy of requiring the actuary to review and approve all calculations on a timely basis. In 2004, the City took steps to gain control of the accounting for the Plan. We recommend that benefit payments not be made to retirees until the City has received the approval of the actuary. Monitoring Grant Requirements (2003-5) The City enters into a contract with organizations receiving funds from the City through its Community Development Block Grant. The agreements generally provide that these subrecipient organizations provide an audited financial statement to the City within 180 days after the end of the organization's fiscal year. We noted two organizations that did not submit audited financial statements as required by their contract with the City and there was no further follow-up to ensure compliance. While this tends to be a problem with smaller organizations, we recommend that the City review its policy regarding this contract requirement and consider whether this must be a requirement for smaller organizations that may not otherwise require an audit. The City should also adopt appropriate follow-up procedures to ensure compliance with all contract provisions. OTHER MATTERS Consideration of Financial Emergency Criteria As required by the Rules of the Auditor General, the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, regarding financial emergencies. In connection with our audit, we determined that the City of Boynton Beach, Florida, has not met any of the conditions described in Section 218.503(1), Florida Statutes during the fiscal year ended September 30, 2004, and therefore, is not considered to be in a state of financial emergency. Financial Condition Assessment Procedures In connection with our audit of the City of Boynton Beach, Florida, we applied financial condition assessment procedures, pursuant to Rule 10.556(8), Rules of the Auditor General, for the year ended September 30, 2004. The results of our procedures disclosed no matters that are required to be reported. Annual Financial Report In connection with our audit, we reviewed the Annual Financial Report of Units of Local Government filed by the City of Boynton Beach, Florida, with the Florida Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, for the year ended September 30, 2004. We noted that the amounts reported in the Annual Financial Report were in substantial agreement with the audited financial statements for the year ended September 30, 2004. Investment of Public Funds As required by the Rules of the Auditor General, the scope of our audit included a review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. As indicated in comment 2004-3, we determined that the City of Boynton Beach, Florida, was not in compliance with Section 218.415, Florida Statutes, because the City's policy does not address several of the elements in that statute. 111 Budget Expenditures As indicated in Note 2 to the financial statements for the year ended September 30, 2004, several departmental expenditure categories exceeded budgeted amounts contrary to Section 166.241(3), Florida Statutes. Other Matters The Rules of the Auditor General require disclosure in the management letter of the following matters if not already addressed in the auditor's report on internal control over financial reporting and on compliance and other matters: (1) violations of laws, rules, regulations, and contractual provisions that have occurred, or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures; (4) failures to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. Our audit as of and for the year ended September 30, 2004 disclosed no such matters that are required to be reported and are not already addressed in our management letter. This report is intended solely for the information and use of the City Commission and management of the City of Boynton Beach, Florida, federal and state awarding and pass-through agencies, and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. ~I ~I ~I ~/P~~ ~~A. April 27, 2005 112 The City of Boynton Beach . 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Finance Administration Phone: (561) 742-6311 Fax: (561) 742-6316 MANAGEMENT LETTER RESPONSES Listed below are the City's responses to the audit comments issued in connection with the City's FY 2003/2004 financial records. .:. Uncollectible Accounts Receivable · The City will establish a policy regarding the collection and write-off of accounts receivable and the level of authorization required to write-off delinquent accounts. The City currently turns outstanding accounts over to a collection agency after three (3) month. .:. Purchasing · The City will review existing policies and procedures regarding matching purchase orders and contract prices to invoices. .:. Investments · The City will update the investment policy to include all required elements of Florida Statute 218.415. .:. Approval of Journal Entries · The City will ensure that all journal entries are approved by one of the following: the Director of Financial Services, the Assistant Director of Financial Services or the Assistant to the Director of Financial Services. If a journal entry is prepared by one of these three, it must be approved by one of the other authorized signers. Listed below is the City's response to the prior year audit findings issued in connection with the City's FY 2002/2003 financial records. .:. General Employees Pension Benefit Calculations · The City will instruct the plan administrator to send all future calculations to the actuary for verification prior to the disbursement of employee retirement benefits. No benefit payments will be made to retirees until the City has received approval from the actuary. 113 .:. Monitoring Grant Requirements · The City will review this contract requirement and also adopt appropriate procedures to ensure compliance with this and all contract provisions for those subrecipient organizations. rd!~&v4 Director of Financial Services 114 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5, 2005 March ]4,2005 (Noon,) 0 June 7, 2005 May 16,2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) r8J June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) NATURE OF AGENDA ITEM o o o o o o Administrative 0 Development Plans Consent Agenda 0 New Business Public Hearing 0 Legal Bids 0 Unfinished Business Announcement r8J Presentation ;'::1 ........ ~_..<J ,~-< c r, , .... c:.= 0.,;: \J' :--I: I;:':: "1 ;::1 L..) '~:::: I 'T 1 '.. ~ r....JII c' ,,'iC_ RECOMMENDATION: Presentation of Certificate of Appreciation to Arleen Dennison in recognition of her many:J: valuable contributions to the quality of life in the City of Boynton Beach. City Manager's Report EXPLANATION: Arleen Dennison has been recognized by the Executive Women of the Palm Beaches, by being one of eighteen (18) nominees for the prestigious Women in Leadership Award. Arleen was honored for her great work in the community as the Executive Director of the Boynton Beach Schoolhouse Children's Museum. PROGRAM IMP ACT: FISCAL IMP ACT: AL TERNA TIVES: Department Head's Signature ~ City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC v. ADMINISTRATIVE ITEM A. APPLICANTS ELIGIBLE FOR APPOINTMENT 06/21/05 LAST FIRST 1st CHOICE 2nd CHOICE j"I CHOICE APPUCATION NAME NAME SUBMITTED Bonagura Robert Building Board of Code Planning & 5/31/05 Adjustments & Compliance Development Appeals Board Board Broenig Gerald Planning & Community 4/11/05 Development Board Development Aaencv Fitzpatrick Michael Planning & 2/25/05 Development Board Grcevic Sharon Planning and 12/20/04 Development Board Hogenkamp Christine Advisory Board on 6/6/05 Children & Youth Lender Wayne Community 1/28/05 Redevelopment Aaencv McMahon James Recreations & Parks Planning & 1/8/05 : I Board Development Board -1 Yerzy Richard Building Board of Code 5/9/05 i Adjustments & Compliance 1 Appeals Board JAP 6/6/20052:05 PM S:\CC\WP\BOARDS\APPMENTS\Board Year 2005\APPLlCANTS ELIGIBLE FOR APPT 06 21.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.l. Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office 0 AprilS, 2005 0 April 19, 2005 0 May 3,2005 0 May 17, 2005 March 14,2005 (Noon.) [8] June 7, 2005 o June 21, 2005 o o May 16,2005 (Noon) April 4, 2005 (Noon) June 6, 2005 (Noon) April 18,2005 (Noon) NATURE OF AGENDA ITEM o Administrative [8] o o o o Consent Agenda Public Hearing Bids July 5, 2005 June 20, 2005 (Noon) " ) ", ::"~) --J , ,-:-j-< '.-"; j July 19, 2005 July 5, 2005 (Noon) < r:-'~ -~ ... ~-! -~ ' . ~~a 0 Development Plans ~,- --'; . - 0 ,jr",::. .-; --...; New Business (~; 0 Legal co 0 Cj ".-nl UnfInished Business (""")2> C~: i-'"1" 0 Presentation -,- 8_.1- May 2, 2005 (Noon) Announcement City Manager's Report RECOMMENDATION: A motion to multi-award the "ANNUAL BID FOR SAFETY CLOTHING AND EQillPMENT", Bid # 031-1412-05/JA, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated annual expenditure of: $26.000.00. CONTRACT PERIOD: JUNE 7, 2005 TO JUNE 6, 2006. EXPLANATION: On April 20, 2005, Procurement Services received and opened nine (9) bids. It is recommended to award this bid to multi vendors as overall "Low Bidders". The evaluating factors used in determining the award were based on: price, availability and delivery time. In addition to proposing the lowest prices, a catalog discount was offered from several companies for overall discount pricing. Dominic DeMauro (Warehouse Manager) concurs with this recommendation per memo attached). The provisions of this bid award will allow for a one (1) year extension at he same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to establish a source of supply for the purchase of safety clothing and equipment. Safety clothing and equipment will be ordered on an "AS NEEDED BASIS" and stocked within the City's Warehouse for the use of various department within the City. FISCAL IMPACT: '/Yll/?ft ~ A Istant to Fmance Drrector BUDGET ACCOUNT NUMBER ESTIMATED ANNUAL WAREHOUSE .) /J EXPENDITURE 502-0000-141-01-00 _~ $26,000.00 City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC The City of Boynton Beach ({( Finance Department WAREHOUSE DIVISION RECEIVED MAY 0 9 2005 TO: Mary Munro Asst to the Director Dominic DeMauro, Warehouse Manager fJ#P FROM: DATE: May 9,2005 SUBJECT: Safety clothing and Equipment I reviewed the tabulation sheet sent from your office. The evaluating factor used was price, availability, delivery time and warehouse processing time. My recommendation is a multi award to low vendors. The purpose of this bid is to supply all departments with safety clothing and supplies If you have any question please contact me @ 6324. VENDER ITEM Bound Tree Medical 7,8 Galls Inc 27,34 Page two Pro-Am safety Ritz Safety Safeco Safety Products Inc W. W. 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Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City): March 18,2005 Bid Title: Bid Number: "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT" 031-1412-OS/JA Bid Received By: APRIL 20, 20OS, NO LATER THAN 5:00P.M. (LOCAL TIME) Bids wllI be opened and computer tabulated on: APRIL 21, AT 8:30 A.M. (Local Time). Bids will be opened in Procurement Services unless speCified otherwise. Bid receiving date and time is scheduled for: APRIL 20, 2005, no later than 5:00 P.M. Oocal time) and may not be withdrawn within ninety (90) days after such date and time. All -awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal lD. Number: Bound Tree Medical. LLC (limited liability company) 31-1739487 A Corporation of the State of: Area Code: 800 Area Code: 800 Mailing Address: City/State/Zip: Vendor Mailing Date: Ohio Telephone Number: 533-0523 FAX Number: 257-5713 P.O. Box 8023 Dublin. Ohio 43016-2023 4/1105 (?~ \.~.~~ Auth . ed Signa Cathy A. Taynor Name Typed -nns PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 18 SPECIFICATIONS FOR "ANNUAL BID FOR SAFETY CLOTHING AND EOUIP:MENT" The purpose of this bid is to secure a source of supply for the purchase of various safety supplies. Safety supplies will be ordered on an "AS NEEDED BASIS" and stocked within the City' s Warehouse. The anticipated annual expenditure is $26.000.00. SpecificationslProposal: The City will issue an award to a first and second vendor for the duration of the Contract Period. Please place an (x) on the blank line next to each item ifa specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets with the proposal sheet in order for a bid to be considered. -X- The vendor will provide the City with a Sales Representative and an assigned account clerk as the City's contact personnel on all matters. ----X- The vendor will indicate the policy for substitutions when unable to provide for requested brand name products. -L The vendor will indicate the policy for return items (stocked and non-stocked). - The vendor is to provide the City with a percentage discount off of the catalog list price. - The catalog percent discount applies only to the commodity bid/Safety Clothing and Equipment. 3 THIS PAGE TO BE SUBMI'ITED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE t- Z w :E 0- S a w OIlS ~~ as -~ - :J:1t) "Q t-q .~ ON ...J_ - (.)~ Q.) ~~ "Q ..... wM l'I) ~: S tne l'I) ~- Q.) om (J .C u. 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C1)_ C> - e: 2 ~LL O"Q I e: ~ ro g ai lU E iI::.:J co (") ~~ ~~ 05 ~~ ~~ ~~ ~~ ~~ ~u ~~I =~ ~! ~ll:l oog r;.l ll:lS e~ ~o <:1 ~s OOj:Q !~ Ilo;c << << :!: B 8 8. t: .- =>0:: ~ ~ 0 o. z z << << ~~"It ; t:U)C\I ~::J T- ea 1ll ~ :J CT g w 15 ... 0 G) Q) E .~ ~ ~ ei~ to Z ZLOCO :8<8 "C "C~-. s5 c: ~~t: ~ al lXIen~ ~u .m ~ b ~i 0 en " ~ co ~J: (") ~~ E~ u en ~i e: E 0 0 ~~ :;::J S ,9- ... ;! () '0. U) CD en 0 - en E e: Q) G) CD ~ e: ::: 8 s= en .J:J () 000 <( ij;; railE-i 5 f! ~~ I- ~~ ~ :f:I: 0> N ~e ~ 0 0 ~= ~ 0 0 I, 'C 0 9 11 0 <;> ~ II E 0> 00 " 0 0 !1 E ~ 0 il 0 , c..> 8 N N 't Ii ~~ :f:I: E ...... ex> !! (") (") 1. CATALOG ITEMS: nJa % DISCOUNT A. IT there are Variable Discounts based on Catalog Categories, submit a list by the categories and applicable percent discount 2. After order received 5 - 7 days delivery 3. PAYMENT TERMS: Discount 0 % by net/30 of the month, to apply on date of delivery and acceptance of material (i.e., 2% 10th approx., etc.) _ A catalog (or Price Listing) with the list pricing to be submitted with your proposal for bid comparison. . ~ Vendors not offering a discount off of catalog pricing will submit a current catalog (or Price Listing) with prices for comparison. Bound Tree Medical, LLC COMPANY NAME Co~" fi: \0-- <_~ SIGNATURE <r Cathy A. Taynor PRlNTED NAME ( 800 ) 533-0523 TELEPHONE NUMBER Bid & Contracts Manae:er TITLE 8 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FORBID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT . STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) 1, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: C,j.~ t\ \~ NAME SIGNA Sworn and subscribed before me this 1st day of Anril ,20 -.J!L Printed Information: Cathy A. Taynor NAME Bids & Contracts Manaeer TITLE ~~Dl=-' \""'Qg \'f\Q..I.--l L~''''' Q LL c.. COMPANY THIS PAGE TO BE SUBMITI'ED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Ple~e fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? )( . Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifYing your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB -1 Revised 02/22/05 20 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Wh~never two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. r~~ -'1\ ,,:~.. "" ndor's 'Si ture . TillS PAGE TO BE SUBMITTED ALONG WIm PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 '\ BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City): March 18,2005 Bid Title: "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT" Bid Number: 031-1412-05/JA Bid Received By: APRIL 20, 2005, NO LATER THAN 5:00P.M. (LOCAL TIME) Bids will be opened and computer tabulated on: APRIL 21,A T 8:30 A.M.( Local Time). Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: APRIL 20, 2005, no later than 5:00 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: -' WW, GRAINGER INC. I Federal I.D. Number: J 361150280 l A Corporation of the State of: J ILLlNOISE l Area Code: ~~\.{ Area Code: I)lo ( Telephone Number: loLl 0 - l{ -7> 10 ).- (p B'1p - (0 ~ h )~O() JJ _ '("lor j ~tL ^'~~. lu L <)1- q A.) 1'1" f;;l~~A. r:: 1-3 ~ L{ 0 ~- lP l{ 0 jo ~/ 14 -OA FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date: ~~ Authorized Signature ---.. j'l-Hriy\ L_ AI'\6~rS&n Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 18 GRAINGEflJ \ SPECIFICATIONS FOR "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT" The purpose of this bid is to secure a source of supply for the purchase of various safety supplies. Safety supplies will be ordered on an "AS NEEDED BASIS" and stocked within the City's Warehouse. The anticipated annual expenditure is $ 26.000.00. Specifications/ProposaI: The City will issue an award to a frrsta nd second vendor for the duration of the Contract Period. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets with the proposal sheet in order for a bid to be considered. ~T he vendor will provide the City with a Sales Representative and an assigned account clerk as the City's contact personnel on all matters. --X-T he vendor will indicate the policy for substitutions when unable to provide for requested brand name products. +-T he vendor will indicate the policy for return items (stocked and non-stocked). ~T he vendor is to provide the City with a percentage discounto ff of the catalog list pnce. iT he catalog percent discount applies only to the commodity bid/Safety Clothing and Equipment. 3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE GRAINGEt,) r'-l ~ ~ ..... .. c.. ~ .d - ..0 ~ - c.. ~ ~ ~ ~ ~ .c o - "Q ..... .c ~ .d - .. ~ .. ~ "Q .. o = ~ as - .c ..... bll ~ - ~ .c - r'-l = S ... Z w ::E a. :J a w ~ Oc( z.., - - :ell) "'0 O' ..J~ O..;:t ~~ wC'? 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("t) o 0) C":i co ro :J 0- W L- o Q) E ell Z -0 e: ell L- eo ~ z N ("t) ~ o co o z Ot;o coC":i~ 0' z~("t) co ~CO "ItZO Nc!>~ ..... ro :J 0- W L- o Q) E ro Z -0 e: ro L- m ro .~ W L- o Q) E co Z -0 e: ro L- eo Q) -0 ~ o ...... ell C> ~ z C> LO ~C>~ z"!.z C> ..... ell a. ~ c g .2 "C "5~ c3~ "5 en ~ 0 Ul (.) ;<. e J!! ciS U .0 1Il ~ (5 = ~ Z '3: J!! ~ 83:~8 , ..Q -Q) - _ Ul ~~roro U::""-CI)C> Ul Q) .c: (.) :J o 0- LO N I Q) -0 ~ o 10 C> o ..... o o o , 0) o o , o o N ..... 0..... ,.........cri" o eO,...: oOcO 000 <;>00 cooo o '0 oeo, ,oco 00..... 0'0 NO, 00 No N ("t)"ItLO ("t)("t)("t) '\ 1. CATALOG ITEMS: ~% DISCOUNT A. If there are Variable Discounts based on Catalog Categories, submit a list by the categories and applicable percent discount 2. After order received ~ days delivery 3. PAYMENT TERMS: Discount % by of the month, to apply on date tIItt ~O of delivery and acceptance of material (i.e., 2% 10th approx., etc.) ~ catalog (or Price Listing) with the list pricing to be submitted with your proposal for bid comparison. _ Vendors noto ffering a discounto ff of catalog pricing will submit a current catalog (or Price Listing) with prices for comparison. .1 w.w. GRAINGER INC. COMPANY NAME ~X:-~ SIGNATURE \Z Ct+h.r ~n L- ~/\ d.trSt9r, PRINTED NAME J)- OJ trvULi".;f (llA o-t~ ~.lU ui>-( TITLE (qC:;l{ ) ~l.{ lp - l[ ~ ~ ~ TELEPHONE NUMBER 8 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE GRAINGER '\ ANTI-KICKBACK AFFIDA VIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: ~~- NAME - SIGNATURE Sworn and subscribed before me this ~q day of AM~ L - ,2 (},')5_ Printed Information: ><\k4~ NOTARY PUBLIC, State of Florida ~A.M,\(tV\ L v.+ J., dUSD(\ NAME &f)vl{n~ {2i<uf<L <;Ptc;A.L'~f TITLE a ~ "OFFICIAL SEAL" = GLENN A ADAMS IUJNOI4 COMMISSION EXPIRES 05/14/08 Lv lJ 1--( ~ " V'I/r I XI'" C . COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR P ACI~AGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 GRAINGefl~ ,. CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Yes ~ X ,_ No Is your company a Minority Owned Business? If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NOW If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 Revised 02/22/05 20 GRAINGfti '\ CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are 'received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penaltiest hat may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and willn otify the employer of any conviction of, or plea ofg uilty om 010 contendere to, any violation ofc hapter8 93 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such isa vailable in the employee'sc ommunity by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. y~Se~ Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 2] GRAINGt:h '\ GRAlNGER~ f' W.W. Grainger, Inc. 5959 W. Howard Street Niles, IL 60714-4089 www.grainger.com Apri119, 2005 Procurement Services City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 Good Morning: The following information is to explain the alternatives we will provide: · When substitutions are needed for products that are either unavailable or discontinued, Grainger will provide the closest alternative to the original selection. This price will reflect a similar discount, which is not necessarily the same price of the original item selected. · Call you local branch for product return instructions. Proof of purchase will be required. · A minimum discount of 10% applies to all safety clothing and equipment, as well as the entire Grainger catalog. '\ _R~ ~ W.W. Grainger, Inc. 5959 W. Howard Street Niles, IL 60714-4089 www.grainger.com April 19, 2005 Procurement Services City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 Good Morning: The following information is to explain the alternatives we will provide: · When substitutions are needed for products that are either unavailable or discontinued, Grainger will provide the closest alternative to the original selection. This price will reflect a similar discount, which is not necessarily the same price of the original item selected. · Call you local branch for product return instructions. Proof of purchase will be required. · A minimum discount of 10% applies to all safety clothing and equipment, as well as the entire Grainger catalog. '\ BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City): March 18,2005 Bid Title: "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT" Bid Number: 031-1412-05/JA Bid Received By: APRIL 20, 2005, NO LATER THAN 5:00P.M. (LOCAL TIME) Bids will be opened and computer tabulated on: APRIL 21, AT 8:30 A.M. (Local Time). Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: APRIL 20, 2005, no later than 5:00 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Safety Products, Inc. Federal 1.0. Number: S Cl- ;:). ~ ~ ~ <6 ~ ~ A Corporation of the State of: 9\() ( ~ dC..L- Area Code: ~ 103 Area Code: ~8 2> Telephone Number: lc lo S- 3lo0 \ OV %O()3oG- ~~(PO FAX Number: I 00-, ~ .33 SAFETY PRODUCTS.1NC. I! 0. BOX 1_ EATON pARK, fl."". Mailing Address: City/State/Zip: Vendor Mailing Date: Lt.- t q -0 5 :6 ( _.. 1, '1_ . ~ )(YLt.(..l 1) Lu.-,-" Authorized Signature Karen Cornelius :'/ Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 18 '\ 1. CATALOG ITEMS: --LZ % DISCOUNT ~e ST ~\ Lun." A. If there are Variable Discounts based on Catalog Categories, submit a list by the categories and applicable percent discount 2. After order received ~ days delivery 3. PAYMENT TERMS: Discount I % by \ 0 of the month, to apply on date of delivery and acceptance of material (i.e., 2% 10th approx., etc.) l A catalog (or Price Listing) with the list pricing to be submitted with your proposal for bid comparison. _ Vendors not offering a discount off of catalog pricing wip submit a current catalog (or Price Listing) with prices for comparison. Safety Products, Inc. COMPANY NAME ,) (\ ~. Ii -- c:J)(}J ~\ \. ) (~~~ SIGNA TORE -~ 0- J/ -L.v1 t,CH (\ fJl... Us:- PRINTED NAME ~OI)~,A C-c.ov- (&0) 3~19 - ~~lPO TELEPHONE NUMBER 8 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FORBID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE '\ SPECIFICATIONS FOR "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT" The purpose of this bid is to secure a source of supply for the purchase of various safety supplies. Safety supplies will be ordered on an "AS NEEDED BASIS" and stocked within the City's Warehouse. The anticipated annual expenditure is $ 26.000.00. Specifications/Proposal: The City will issue an award to a first and second vendor for the duration of the Contract Period. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. 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CXl Jg M M ~ =..:l ~= ~t o~ ~~ ~< ~~ ~~ ~E-< ~~ =~ E-<:=J ~o ~u z~ l'-o~ ~~ ~8 ~l"I'l ~~ _u :=J~ ~= 000 ~E-< =tS ~~ tSU <~ ~~ 00- -= == E-<o f;o;, , ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: d-... C\\'u-", r ~~~ NAME - SIGNATURE Sworn and subscribed before me . this I C1 day of A r { &. ~ ,20 ~ Printed Information: ~eur €..n lev (\ e) ~L.t~ NAME ") .~ C (:)(\\). Dl. d ~(D(. TITLE ',- Safe~ Produots, fnc.. COMPAN ...~~~~ June Wetherbee {,:rli.\i: MY COMMISSION # 00174007 EXPIRES ~'~~"f December 26, 2006 "'~,9'" :.:~., BONDfn TH~J T~"V FAIN INSURANC~ INC "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMI'ITED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 \ CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Yes c~. No Is your company a Minority Owned Business ? If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO x' If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 Revised 02/22/05 20 \ CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. <~ffi.'W-, lJn-<-~~ Vendor's Signature THIS PAGE TO BE SUBMI'ITED ALONG WIm PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 BIDDER ACKNOWLEDGEMENT \ Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City): March 18,2005 Bid Title: "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT" Bid Number: 031-1412-05/JA Bid Received By: APRIL 20,2005, NO LATER THAN 5:00P.M. (LOCAL TIME) Bids will be opened and computer tabulated on: APRIL 21, AT 8:30 A.M. (Local Time). Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: APRIL 20, 2005, no later than 5:00 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Area Code: cc\~ CO (3) <)A F€ GO 1J:Y1(., S"7~. 05~'45D S6l Jt\. CaJo 1 i n ~ Telephone Number: ~ C-- 7 ~ 10L\ b ~?-7~ Cf70D 4 B(o(o [u.rri t./ Lxiv\) '1\ \.) n Vc -IC\. tlA(JiA j( L 5'301 <1, ~//Lt Jb5 Name of Vendor: Federal 1.0. Number: A Corporation of the State of: Area Code: FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date: ~~~ &,tU1 74lhV N e Typed THIS PAGE TO BE SUBMI1TED ALONG WITH PROPOSAL 18 1. CATALOG ITEMS: d. D % DISCOUNT , A. If there are Variable Discounts based on Catalog Categories, submit a list by the categories and applicable percent discount 2. After order received 5--, days delivery 3. PAYMENT TERMS: Discount () % by "3 D of the month, to apply on date of delivery and acceptance of material (i.e., 2% 10th approx., etc.) ~ A catalog (or Price Listing) with the list pricing to be submitted with your proposal for bid comparison. _ Vendors not offering a discount off of catalog pricing will submit a current catalog (or Price Listing) with prices for comparison. SA Ft:C 0 j --:(/lL , COMPANY NAME ~~) ~ Zu..hef P D NAME /l rrl j J-&U11 TITLE (BOD) Dj/d--33 ~(O TELEPHONE NUMBER 8 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE <IS - ,.Q .... ~ ~ - ~ ,.Q .... ~ = e ~ ~ Cj 'C Q., ~ -= .... .c ~ .... Q., ~ Cj Cj = ~ ,.Cl s -= .... ,.Cl ~ -= .... 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M ,Jl <::..(~ ~ {- -r- .-' ~ & ~I VI (- \ ~ -.:t "It T- L- o Q) 0 u E ..... ,.. roLO~ Z.o(") ~.oU '" 3= - ~g-i; men~ ~ Z I- o o ~ co M en E o o CO "c.. en C Q) .0 L- a en .0 <( (5 S! c: a (,) u ~ I- 0> o o o o I C>> o o o o N t1 o o o I co o o o o N co M \ 5 ;.S>> C :c.""\'f' 'A'- cb ,j\ ~ r-l =:~ r-l= ~t Or-l ZU _U ~< rI.l~ ~< ~~ =-r-l ~s: ~~ e,:,u ZQ ~~a QS r-lrl.l ~~ _U ~1iIiI ~= 000 r-lE-i =r-l ~~ SU <=: =-Q ~; ==: E-i0 f;r,;, ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: ~ ~./ '~f/ 0 ~ N ,/' - SIGNA Sworn and subscribed before me this I c.f day of ~,20 ~ Printed Information: ~, tIC 2ad-e-r NAMEV' ~~ MY PUBLIC, State of orida at Large ~6\-- TITLE ~~ - ,,\\\Hi~I~~~"11' '. _ /:~).;.:::..~;:~ OI-HC1AL SEAL ~~( ~ OJ;1 Rhonda Rogers V,.~~~~ 00# 074470 ~" 01' f\. ", M' C 'Ex """'\11"" ,y ommlSSlon ,pIres Nov, 27, 2005 ~'FECo, -S:-~c:::..- COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMI'ITED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 \ CONFIRMATION OF MINORITY OWNED BUSINESS Pn mc BCl Sel we pn prl A requested form to be made a part of our files for future use and wormation. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an offiCial part of your bid response. X Is your company a Minority Owned Business ? Yes No If Yes, please indicate by an "X" in the appropriate box: 1) 4 ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE 2) 3: Do you possess a Certification qualifying your business as a Minority Owned Business? NO/r YES If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITfED ALONG WITH PROPOSAL MOB -1 Revised 02/22105 20 . . . 9866 Currie Davis Dr T-., Fl33619 \ S. A TIIJ',C' ..0....... ..cJN'" .' 'C';" . ....i_,.'~',::U_,__,'.';,_;,/-.;" ,:,:-:~-::,'-.'-':'-: '~':<;'.;;'-"";'.,_-:.':L':"- April 14, 2005 Purchasing Dept Bid Process - Gloves As part of our bid for your safety items SAFECO has to include the following addendum with our bid. In the past few months SAFECO has received letters from most if not allofour glove suppliers regarding the pricing of gloves both leather and non leather. With_cost of leather, PVC resin, plasticizers, energy costs (coal, on) and insurance costSri$iQj~t ~rd levels price increases are happening at very frequent intervals. Our sup guaranteeing prices beyond the immediate order being placed at will do everything we can to hold prices steady or limit the increases <i". as possible but we cannot at this time guarantee glove prices for the ~tract. SAFECO will still quote gloves but we need to state that the prices are no . teed for any length of time. In case a price increase is needed SAFECO will p~t~~~umen~oo~~~~~umen~~~~has~~ an~"~ir" ..\flu only go up the amount of the price increase with no profit added to the pri~;mcrease. SAFECO values your business and trust, which is why we wanted to make you aware of this change in the market place to avoid any misunderstanding in the future. Thank You Jim Scelfo Director ofIrgmy Preventation ....................... Submit Bids To: BIDDER ACKNOWLEDGEMENT \ PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City): March 18,2005 Bid Title: Bid Number: "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT" 031-1412-05/JA Bid Received By: APRIL 20, 2005, NO LATER THAN 5:00P.M. (LOCAL TIME) Bids will be opened and computer tabulated on: APRIL 21, AT 8:30 A.M. (Local Time). Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: APRIL 20, 2005, no later than 5:00 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal lD. Number: VbC ~,(l.~.... )"0 A"D $A-FF'N $""'1-"1 ol-!/t [('7<2- s"PE"Tf 3'-1,"1'-10<7/ A Corporation of the State of: ----bf -1iC/> a.. \\5\ N. ~c)""ia..",-"f R.oIrD Jo~~,..,o l?'t'~\\ , rl ~3 o"~ Vendor Mailing Date: ~'f ql~/~ ---P ~l!lMe L ~ 1'1 Ii ge Co l..- Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL Area Code: <15'1 'SY Area Code: Mailing Address: City/State/Zip: cO,ho Telephone Number: ""7' - ~/7b FAX Number: 18 l"'-l Q,) (oJ .- J. ~ Q,) -= ...... .0- Q,) ...... fr (oJ (oJ C'II Q,) ,.Q = ...... "e .... ,.Q Q,) -= ...... J. ~ ~ Q,) "e ~ = ~ as - ,.Q .- 0.() Q,) - Q,) ,.Q ...... l"'-l = S I- Z w :E a. :J a w ~ C)<c z., -- J:1t) 1-0 o. ....I~ O'Olt ~~ w(W) u..O <C=It U)c 0:::- om u.. C m ....I <c :J z z <c + a:: 4 ~ ~ ~ ~ =0 o E E o () CD E co z ~ E ~ L- o "tJ e: Q) > Q) ...... u 'c: Oi:: ::>a.. ro Q.) ~ ro co e: en "It <(::> o co "It "It T- ro :J CT W L- o Q) E co Z -0 e: ~ co en aa i:i5 - ro .c: (")=CI) '7roQ.)~ r.o Q)Nz co -g";n 13 E (") T- I co e: o :;::: a. 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'- C ~C"J) 7=fJ.~~ I I _~a ~Q~ j ~~ I)\) ~ '""J d \.!7 dJU)~ c6~ ~ ~t Or-l ~t$ ~< ~~ ~~ ~r-l ~~ ==~ ~~ ~O ~U Z~ \OO~ ~e ~oo ~Z ~O ~.~ ~= 000 r-l~ =s S~ sU <~ ~S 00= ~~ o ~ :d J! - Q) '1 t"- 'E 0 ::> 'C \J "J" a. , - ~ ro ~ "It ~ ro "It "It C en N T- <(:J ro ro :J :J r;;r C'" V W W L- L- ~ 0 0 ~ Q) Q) E E 0 01() ..... 3:':.; CO COLO ~L Z 2.0 -0 -0.0 EN C 3: II- ~ ffig. ~Ci co mOO ~ I- en ~ 0 l!l 0 Ci) z Co (") U) e: E .2 0 a. 0 "C CO 0 "0. U) Q) 00 0 - en e: E Q) Q) Q) .0 e: ::: .... 0 0 u U) .0 U <( IE (5 ~ I- =It: 0) N 0 0 z. 0 0 :a 0 0 0 0 0 , , E 0) co 0 0 E 0 0 , I 0 0 0 u 0 0 N N 'It E ...... co Q) ('t) ~ ::: \ ~ ~~ ~~ ~~ o:a ~t5 ~< ~~ ~~ ~~ ~es ~~ CU z~ t"--o~ ~s @~ ~o ~~ ~lXl I;/.lo ~~ lXltS S;a ~U' c< <~ ~s SlXl ~~ o ~ \ SPECIFICATIONS FOR "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPl\1ENT" The purpose of this bid is to secure a source of supply for the purchase of various safety supplies. Safety supplies will be ordered on an "AS NEEDED BASIS" and stocked within the City's Warehouse. The anticipated annual expenditure is $26.000.00. Specifications/Proposal: The City will issue an award to a first and second vendor for the duration of the Contract Period. Please place an (x) on the blank: line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off'.sheets with the proposal sheet in order for a bid to be considered. ~ The vendor will provide the City with a Sales Representative and an assigned account clerk as the City's contact personnel on all matters. ~ The vendor will indicate the policy for substitutions when unable to provide for requested brand name products. ~ The vendor will indicate the policy for return items (stocked and non-stocked). l The vendor is to provide the City with a percentage discount off of the catalog list pnce. ~ The catalog percent disconnt applies only to the commodity bid/Safety Clothing and Equipment. 3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 1. CATALOG ITEMS: ;0 % DISCOUNT , A. If there are Variable Discounts based on Catalog Categories, submit a list by the categories and applicable percent discount . . 2. After order received -L days delivery 3. PAYMENT TERMS: Discount % by of the month, to apply on date of delivery and acceptance of material (i.e., 2% 10th approx., etc.) 'f. A catalog (or Price Listing) with the list pricing to be submitted with your proposal for bid comparison: - Vendors not offering a discount off of catalog pricing will submit a current catalog (or Price Listing) with prices for comparison. l< 17 2. S""ye T1 COMPANY NAME L-EN ~ "gELL PRINTED NAME G f' tV € Il~ L. (\')A f\lM E f1.. TITLE (o,fY) 97/- 317", TELEPHONE NIDv.fBER 8 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE \ ANTI.KlCKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. - SIGNATURE Sworn an!Lsubscribed before me this d- 0 day of ~(J I/' L l ,20 0 r Printed Information: L~~tlfrttt) r. ~l ~J Or NAME ~",-I V\6J'Y^':\rr ~. ).~...~........-- TARY PUBliC, State of Florida at Large let-"",...... €... +- e ,/Vl ---<L S' )" \____ J~,I +"1... ~CrJ~ *'-r COMPANY ,;,'\";~;:ii,. Annette Messina ::':;,~\/<z:-.,;. Cnrnmi5Sian# DO 047411 ~';~Zl~~,};j uEXP~~~Jn:~ ";:~;.roT\{\'!"';",, "tJ,mtic 130nding Co... J:tt;;. ~i-1Hi\ " . "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WIlli PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 \ CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Ple~e 'fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ~ Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifYing your business as a Minority Owned Business? YES NO ~. If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB -1 Revised 02/22/05 20 "\ CONFIRMATION OF DRUG-FREE WORKPLACE . Preference shall be given to businesses with drug-free workplace programs. Wh~never two or more bids which are equal with respect to price, quality,. and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifYing the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug- free workplace through implementation of this section. As the person authorized to sign the statement, I certify th the above requirements. plies fully with TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLElE AND ACCEPTABLE 21 \ 4/19/05 RETURN POLICY Ritz Safety offers the city of Boynton Beach a No Fee return policy. Please follow these steps in order to insure these returns are processed quickly and efficiently. 1. Obtain an RMA # from your Account Representative. 2. Return merchandise to Ritz Safety with RMA #on all paperwork. Ritz Safety will accept returns on all normally stocked items provided it is unused and in resalable condition. Return transportation costs are the responsibility of the City of Boynton Beach. 1851 Powerline Road. Pompano Beach, FL 33069. Phone (954) 971-3176. Fax (954) 971-1272 \ 4/19/05 Key Contacts: We are please to announce that Don Scott "Bones", has been assigned as your outside sales contact for the duration of the bid. Don Scott has over 6 years experience in the Occupational Health and Safety field and will be available to assist with any safety related issues. He may be reached at the following numbers. Office: 954-971-3176 Fax: 954-971-1272 Cell: 954-914-9265 Email: Don.Scott@ritzsafetv.com In addition, Michelle Star will assist as your inside account representative. Michelle has over 11 years in the Occupational Health and Safety field. Michelle can be reached at the above numbers. Email: Michelle.star@)ritzsafety.com 1851 Powerline Road. Pompano Beach, FL 33069. Phone (954) 971-3176. Fax (954) 971-1272 \ 4/19/05 Substitution POlicy: Ritz Safety will not substitute any product without calling the city of Boynton Beach for approval. 1851 Powerline Road. Pompano Beach, FL 33069. Phone (954) 971-3176. Fax (954) 971-1272 B'Dnb ACKNOWLEDGEMENT , Submit Bids To: PB.OCURBMENT SERVICES 100 E. Bo>uton Beam Bou1e\lafd P.O. 80;1' 310 Boyntort Beach, florida' 334:25-0310 Telephone; (56 I) 742-6322 Broadcast Date (City): Maft:h 18,2005 13id Title: "ANNUAL BID FOR SAFETY CLO'l'B1NC AND E~ f;}id Number; 03 t..141%--OSl.JA Bid R.eceived By. A'Pfm.18, ~ NO LATh l1lAN S;8tQl'.M. (LOCAL T~) Illds "UJ be opeaed and ~t" fa""'" ani APRIL ZI, AT 8:.38 AM. (LoqJ Tbbe). Bid$ will b~ opened in Procurement SeMGeS unIeaa specl1ied otbeJwise. Bid receiving date and time is scheduled tor; A:PJUL 20. ~ -later daa 5:00 1'M. (lood fi_> and may not be withdrawn within I'.liucty (90) days attu- Stlch date and lime:.. All aw~na mMe aq. a remilt of this bid shall COlIb:m to appliC3ble seetioa.s of the cha:der and codes of the City. Name of Ver4oor: erO-Am S~fcty. J"c. l'e&!rnl 1.0. Number: Z5..1421246 - A COtptmlnon of~ State or. P Q n n ~ y 1 va" i i\ T~Number: A51-Z477 FAX N1uI:tber: 7) 6, -1.. ~6 3 A te.1 Code: ._ tl Q () An.-a Cod(: 7 2 .4 Mailing Address: ~1 K4Yft~~A DrivA C ity/StlteiZip; .Jt.ar~~nthlP. PA 15086 Vo%!a.or M3ifing Date: -1...,. 1 A ~ 05 /Jy ~/~ Oflzcd SfBnii < _D,," W;nfrp~ Name Typed nns PACE TO 81; SlJBMtrrED ALONG WITH bOPOSAL 18 , SPECIFICATIONS FOR "pJN"UAL BID 19.. SAlfTrY C~HlNO AND'EOVIPMENr The purpose of this bid is to secure a $OlUCe of Sllpply for tho p1itQbasc of various S3fety stJpplies.. Safety suppliea will be oIdered 011 an "AS NEEDf;O BA8:rsn and stocked within the City's Warehouse. Tile anticipated 3:nnual expeadilUrc is S ~ SpeeifteatiohslProposaJ: Thv City will issue an ilWard to a first and Sec:oed. Yebdor for' the datatioa of the Contrad Period_ .Please place aa (x) Oft the blank line next to each iteQ:t if .a iSJ,leQ.ficJItion fs met. If exception is taken (altematives). bidder tnusl t:xplabJ lI$Uag a sepa:nue sheet at paper. Bidder must submit specifieations "clldc;-off" sheets wIth the proposal sheet hi order for a bid to be considered. -L Tht:. ve.ooOl' will provide the Citywitb a Sales ~ Ad -a5$ipcd accounf ~ as the City'. coutact ~l OIl aU DJIItte,rs. -J. ~ The vendor will indicate the policy fot substitutions when unable to provide fbt requested brand name PJOducts. -....L~ lac: \'eQOOr will indie.te the policy lot reIutn itans (stocbd and JJOrl-Stoc:kcd). --- The vendor is to provkJe tb.e City with a percenlage discount off of the caf.3Jog Jist pri~. ---- The e.ataJoa pel"eeDt dikotlat Wiles oldy fo the coJlllllOdity bidiSaCety ClMlafng ..... I'.qllip_eftt. 3 TillS PACt; 10 BE SV8M1'l"no A.l.ONG Wl11I JW)POs.U.IN 0ItDEIt "'Oft 8m PACJUlCETOIIE~CONn&D:AMJACCE"AIlLE , INDlJSlfllAL SAFETY PRODUCTS April J S, 2005 Pro-Am Safety. fnc. docs not have a Current prinred catalog. Therefore we cannot comply w11h n:"qu~s( under llumbcr tb.cc~ p.1.g~ g in bid propos...}. ------------ Thom Hill fndvslrfaJ Park Ii 551 Keystone Drive /l; Warrendafe, PA 15086 .. (724) 776-1818 "VISIT I./S ON THe tNTEnNEr" INTEf'lNET: http;/lwww.pro-am_com . E-MAIL: tnfo@pro-am.com -- -~ "'" 'lJ ~ .~~ ti, I'JJ .i:l .... .. ~ (I,l ..... ~ "" IU W l:""J lU ~ t:) - ~ :s " ,.c; ~ !., cE I.. /lJ "E Q r.: ~ .2 ~ 'ff ...~ rO/ ,.Q ~, IiliI :::J S ~ W ~ n.. - ;;) C;J W ~ ~< Z -~ :E:1t) 1-9 g~ U"f - ffi~ 140 ~~ C:if; o LL. e m ;;J ::t z ~. . . , ---4.. ............... S- o. . ~ So. ~ ... '" J. 8 Q. It) ... O. Q. 0. CI. ~ Q. - N Cl .C'I;: tn . ro Q 0 0 ... UJ U'l :;)Q. "" ..... v en C'< 1(1 0 N u-; ...., . . , . . . - '."-'---0- f--- m N 10 L...Ji!L _~ '.0 \0 ... ~ III ~ 5i CQ Q ; N ('oJ ~ ~ ~ ~ c: l\) ,... ~ c:: tI) ~ co r <:l -I-- wtij :;l .... ~ ~ '" ::> ~ ,g lit ~ w E': eZ;-g ~ ~ ~ 0 "E &~l l!3 ~I~ J!L__ ..- t: ;l(:K~. 0 () .., ,.... n N c:. 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QlI '" ~ of! 5 ..:; tJ ~ u I~ ~ --r-' 'Ii" l!:- is g E '"' o g ! ~ (01 ~ 9 :l ~ 8 (\I (E~ cC:I rtJ 1- <;"') C~ N <.? <:) r', ,... ..., I- ~J t.} n. ::c-: ,,~ VI \ tl:I =..: filJJli!l f2t O~ ~S ..:< <~ rn~ ~~ c:r;t; j:!.,1o.l ~~ ...0 e~ ijw t-o,.,JfS "'<C) ~~ -'-l 2m ::'0 :.... tlfflil to' ~~ ~'(,.l C"t -<llo. lh= fIJ.... -lIIl ~e 1. CATALOG ITEl\fS: ___% DISCOUNT \ A- If there an: Variablo Discounts based on Catalog C.ategories, submit a list by the categories and applicable l*Cent discount 2. After order received! 0 - 1 ~ days ddive1)' 3. PAYMENT TEllMS: Discount _ 1 .% by ..!- 0 t Ii ot the month, to apply on date of delivery and ~tance of ID4terial (i.e.. 2% fOrti. JPP1.'OX.. etc.) --- A catalog (or Price Ustiag) with the list prichlg to 00 sDbmitted with )'OUt proposaJ for bid comparison. -~.-..... V cndoT$ not offeriDg a disct)_ off of catalog ))ficin! will submit a eum:at catalog (or Price Listing) wit. prices for comparison. LJUul..}-.l..1ll: ? Il 7 1 l"ELEPHONF. 'M.1M.8E.R, ..-f'.r.0-....1I..m.....S..a_u...t..y . 11U:_____ . COMPANY NAME 8 'l'''U.3l" AG;lt TO BE Sll"8all'lTED ALONG WI1'Il PROros.,u.lH 0RJlI:R. FOllllfO J'AC'KAGItTO" CONSmQED CCJMPU1'EAND ACCEPTABlE " , )'l"'rr" -C.l. ~ C<'l1Q:> L,:i : "'~ FRCW'l: PRO AM S137S2B778 TQ:17247762263 P.19 \ ANTI-kICKBACK API-lDA V1T STATE OF FLORIDA ) ~~rom'tSlt- : Ss COUNJ'Y OF'P-A~, 'Elt:. 1 ) J, the wlde:rsigned hereby duly SWOm" depose and say &hat no portion of the sum herein bid wiU l~ paid to ..ny employees of the City of BO)'Dtol1 Beach ~ 3 eonuni.ccio~ l:iclcback. IeWard of gIft. directly or indirectly by me or any member of nty firm or by an offite:r at the c:orporation. By: S'~\.lm f~ subscribed before me ... \ flus day of f\9\\ .20 aJ:i... Printed Information: 7)at1)e! (! Ct J j" f'^~ NAME / f1o..- (1 I~ /7117'-- TIlT.E J ..~~~.. Dorothy L. Rogers * ~ * Notary P~Uc:. Stale of FIot1cM #- ~.,. My CommIssIOn ExpIrn: AprI22,2OO( ~"".' .\,..,. Commission Number: DD2OI933 ffi-.14tS~-f ~ COMPANY "Of'FlCIAL NOT My SEAL" S'fAMP nns PAGE TO .Ii'. S1l8"'n'1UJ ALONe WITH PROPOSAL IN 0JmEJt },,()R. :PACK.t~ TO BE CONsJDhED COMPI.I:'rE AND A.CCEPrABLE 19 \ CONFJJl.MAnON OJ' MINORITY OWNED BUSINESS ^ teql~Sted tbnn to be made II part of our files for future use and information. Pbse fin out and indicate in the ~ spacea provided whida categOry beat dcseribes )'OUt compmy, R.etum this form Wjth your bid proposal sbeet making it an official part of your bid. re5po1lSe. Is your company (l Min-oriey Ownsd Business ? Yes ----L~ No JfY c.'J~ plel:lSc indicate by nn "'X" in the appropriate bo!:: ( ) AMERICAN INDIAN ( ) ASIAN l ) BlACK ( ) HtSPANIC ( ) WOMEN ( ) on-rna (specify) ( ) NOT AP.PLICA.BI..E Do you possess a Certification qualifying your business as a Minority Owued Business? YES NO X If YES. N &me the Orgsnization .&om which this cr:tt:ific;atiOR was obtained and date: lSsl';"ing Organization for CertifiCSDon r __ t)~-;;tC~iiiCittiol;~-- nns PACE TO 8E st.TBMln'En ALO.NG wrm PIlOPOSAL MOa-t R.t"'l~d &21l2/05 20 M~iR-'21-2011.'5 13:H3 FRD/'1:PRC) AM 8137528778 TD:172<17762e63 p.e1 \ CONFfR.MA nON OF DJurc..FREJl: WORKPLACE Pl"Cfc1"encc s!-.all be given to businesses with drug-free workplace progrmns. Whenever two or marc bids which nre equal with respect to price, quality, and $CtViec arc received by the City of .B.;lyntollllf.lach or by mlY polifical subdivision for rhe procurement of commodIties or COrl~1 t:{'rvicoo, Q bid f'Cc!;ivcd t'h:l.tu a business that ~rtifJeS that it hus implemented a drug-tree W;)rkpJliCc }>IOgratn shl'lU be given preference in the award process. EUahIiched procedures for prDcessing tie bids will be folIowed if none of the tied vendors have a dntg--fi'ee worlq:tlnce IH'('.gtam. III order 10 have a drug-free wo:tipJace program, a business shaU: 1) Publisb a statement noti1)ing Clt1ployecs thl1t tlae unlawful manufacture. distnbution, di~~llsing, possession. or use of II controlled !'.~ is prohibited in the wotkpbK:c and specil}1ng the actions that wilt be Ween asaid.li>t cmpJo~ for- violatioos ofsucb prohibition. 2) Inform employ,"cs about the dange.rs of d:rug abuse in the workplace, the business's policy of rnaintninill: a dru.g~ftee workplace. any" avftilablc drug COUDsCIma, rchabilrnmon~ and crnployoo assistance programs, ad the penalties tfmt ma.y be imposed upon employees. for t1rug abuse violations. 3) Give each ernpIG)'l.,'e enga,ged in providing 1Jw commodities or COntractual services that are und~.r bid a copy of the stafcmcnt ~jfi~ in subsection (I). -1) In the &t.atement sp~ified in snbsection (J), notify the employee ihat,. as a condition of \~'Orking on rhe oornmoditb or coatractual servie~ 1Dat are under bid, the empJo,ee will a bide by the tenns of tbe SIati:meAt nDd win notiJy the employer 0.( ;my c:onvictioa &f,. or plCJI of CUilty or 0010 contendere to. any violation of Chapter 893 or of any ~troUcd substaucc l,'lw of tbe United Slates or any state, for a vioJaticn oecmrlng i.n the wor~ no Jarer tba.n flw (5) days .uler such OOllVtetlO!). ~} Imposa II. sar.etion on, or require the satisfactory pllrtieipation in a drag abuse assistanee or 1 ch..lbilitatiOfJ program if SU(!h is nVAflabtc in the employee"s community by, any enJpJoyee who is so convicted. 6) M.l!k~ a no.od faith effort to continue to maintain a drng.fi-ce 'Workplace through iml)l~me,nmi()ll of this s...'etion, As tAof.' penon ..utkrUre4 tit Qp fhf lfatenttllt, I certify fhat dais firm colnpJla fQ II tlt.'b.v..~__ -Ia(JY (l a:. 9') Vendor's SJ ture .(,".fI1S i'AGE TO 81: SlJ'BMJ1TJ:n ALONe Wml PROPOSAl. IN O_BEIt "'OR PACKAGE TO BE CONsmI:Jtm C01lO'I.lnI;.AND ACCEPT ABl.E 21 BIDDER ACKNOWLEDGEMENT \ Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City): March 18, 2005 Bid Title: "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT" Bid Number: 031-1412-05/JA Bid Received By: APRIL 20, 2005, NO LATER THAN 5:00P.M. (LOCAL TIME) Bids will be opened and computer tabulated on: APRIL 21, AT 8:30 A.M. (Local Time). Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: APRIL 20, 2005, no later than 5:00 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Area Code: WJO <%'-11 bcUS '-rn G CJS - 3()~ ~~k ~ ~exr-\-u cKy Telephone Number: <6, 1(0- i..\)' \.\ ~ 9\l\ - :)SS'=1- d (D ~b ~~\ UJYY\\^b '\j r lei, v'\~\v n ,K i t\- DSO <9 ,_\ FAX Number: Name of Vendor: Federal LD. Number: A Corporation of the State of: Area Code: Mailing Address: City/State/Zip: Vendor Mailing Date: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 18 \ SPECIFICATIONS FOR "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT" The purpose of this bid is to secure a source of supply for the purchase of various safety supplies. Safety supplies will be ordered on an "AS NEEDED BASIS" and stocked within the City's Warehouse. The anticipated annual expenditure is $ 26.000.00. Specifications/Proposal: The City will issue an award to a first and second vendor for the duration of the Contract Period. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets with the proposal sheet in order for a bid to be considered. ~ The vendor will provide the City with a Sales Representative and an assigned account clerk as the City's contact personnel on all matters. ~ The vendor will indicate the policy for substitutions when unable to provide for requested brand name products. +- The vendor will indicate the policy for return items (stocked and non-stocked). L The vendor is to provide the City with a percentage discount off of the catalog list pnce. _ The catalog percent discount applies only to the commodity bid/Safety Clothing and Equipment. 3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE '~ :~ '1- 'C (:) Pr ~ - ,&:J. .... bJl ~ - ~ ,&:J. .. l;I.l = e I- Z w :iE c.. - ;:) a w ~ C><( z, - .... 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Q) (J) 0 E C l/l Q) Q) Q) .0 e: == L- ~~ 0 Ul .0 <( (5 ~~ -' '*'l: 0) C'\I Z. 0 0 0 0 '6 0 0 0 0 0 I E 0> , 0 CO E 0 0 0 0 , , U 0 0 0 0 N N '*'l: E ...... CO ~ C") C") ~ o -- r"l ~....:l r"l= ~~ O~ ZU ....U ....:l< <~ ooz 0< ~r"l ~~ ~....:l =~ E-<~ ....0 ~U ~~ t--O~ ~~ ~.... r"loo E-<Z E-<O ....U ~r"l == :::>0 00E-< r"lr"l =0 ~~ tSU <~ ~~ 00.... 5= E-<~ o ~ ~ ~ c) c-tl '><.. o -.Q t'O ~ :3 c'O if) j ~ J ~~ \ * ~ \ 1. CATALOG ITEMS: ~% DISCOUNT A. If there are Variable Discounts based on Catalog Categories, submit a list by the categories and applicable percent discount · 2. After order received In - 10 days delivery 3. PAYMENT TERMS: Discount % by ~vti of the month, to apply on date of delivery and acceptance of material (i.e., 2% 10th approx., etc.) I0C,'\ 30 _ A catalog (or Price Listing) with the list pricing to be submitted with your proposal for bid comparison. ~ Vendors not offering a discount off of catalog pricing will submit a current catalog (or Price Listing) with prices for comparison. b~\\S'\,'{)G COMPANY NAME ~~ NAT \2>f\'~C G,c~AJYJ PRINTED. tAME \f\C\J\:?Ctf~ Qc c'\Af\~ TITLE \- ('?to ) ~1t.cr Lt') ~'L.. TELEPHONE NUMBER 8 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE \ ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. ~~ By: Sworn and subJlcribed befOr~ ( this (tift.. day of nN ,20 ~ tuJi-J. L. ~OTARY~ PUBLIC, Slate t;lonc:Ia -alLarge . ~U.+ ~LLr "&-f r- -- ~ (r-() (. Printed Information: =r d'Y"l':ll a Gra.\'YCm NAME \"\5\f\cQed A:cov {\ \:\ TITLE ~ Ga-\\s~L COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 \ CONFIRMATION OF MINORITY OWNED BUSINESS . A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Yes X No Is your company a Minority Owned Business? If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 Revised 02/22/05 20 't CONFIRMATION OF DRUG-FREE WORKPLACE . Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ~~(j~ Ven 's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 cr VI.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April S, 200S March 14, 200S (Noon.) 0 June 7, 200S May 16, 200S (Noon) 0 April 19, 200S Apri14,200S (Noon) ~ June 21, 200S June 6, 200S (Noon) 0 May 3, 200S April 18, 200S (Noon) 0 July S, 200S June 20, 200S (Noon) 0 May 17, 200S May 2, 200S (Noon) 0 July 19, 200S July S, 200S (Noon) NATURE OF AGENDA ITEM o Administrative ~ Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfinished Business o Presentation L_ (^ -"'.. --1 j-< "", ,___J '. -,-: -.-::"'0 C~J ". ~.:... .'0 N .. ")-1 o ) 2: ~~aJ -fT1 OJ> ''''''0 ::c Ul "-.::J RECOMMENDATION: Motion to award Bid #019-2821-05/CJD, "INCA STORM WATER MANAGEMENT IMPROVEMENTS AND WATER MAIN REPLACEMENT PROJECT", to Ric-Man Construction, Inc. d/b/a Richard Mancini Equipment Company, and execute a contract by resolution in the amount of $ 4,130,907.00. Also, approve an owner's contingency of 15% in the amount of$ 619,636.00 for a total project budget appropriation of$ 4,750,543.000. EXPLANATION: The Intracoastal Waterway borders the Inlet Cove Neighborhood Association (INCA) project on the east, causing nuisance flooding from storm events, tidal influences and fluctuations. To make improvements to this area, permits have been obtained from South Florida Water Management District (SFWMD) and the U.S. Army Corp of Engineers (USACOE). The extensive permit requirements of both agencies will be met throughout construction to maintain compliance regarding storm water drainage, wetlands impact and mitigation and protection of the surface waters of the state. Construction for the INCA project includes storm water management with the installation of four (4) detention ponds, drainage pipe, pollution control devices to prevent untreated storm water drainage into the Intracoastal Waterway and a storm water pump station complete with emergency power supply. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM As part of the storm water management improvements, all of the roadways within the project area will be re-constructed, sidewalks will be replaced and/or extended and new street lighting will be provided. Water main replacement includes replacement of water main piping, fire hydrants and water service connections. Additionally, there will be limited replacement of sanitary sewer lines. Originally, this project included a second area referred to as North and South Roads. However, due to a utility easement conflict, the North and South Roads portion of the project was deleted from the bid package; the Engineer's estimate was adjusted to account for the deletion of this work. PROGRAM IMPACT: The INCA project is geographically located and/or bounded by NE 7th Avenue on the south, NE 10th Avenue on the north, US 1 on the west and NE 7th Street on the east. Six (6) bids were received and opened by Procurement Services on March 22, 2005. Copies of the bid proposals were submitted to the Utilities Department and Camp Dresser & McKee (CDM) for review and evaluation. Due diligence and reference checks were performed on the apparent low bidder and favorable responses were received from all parties including Deerfield Beach where Ric-Man is currently working on a project (now at 80% complete). Ric-Man has also performed successful storm water and water main improvements/replacement projects in the past. FISCAL IMPACT: Funds are available as follows: Account Number Project Number 401-5000-590-96.07 401-5000-590-96.02 403-5000-590-96.04 STM021 WTRl16 SWR107 Bid Contract Amount 15% Contingency Total Budget Appropriation $ 4,130,907.00 $ 619,636.00 $ 4,750,543.00 To assure that this bid represented the best value for the City, the Utilities Department conferred closely with our Consultant and compared several historical and current commodity prices for items such as reinforcing steel, concrete and C-900 (PVC) pipe. Since 2003, the cost of reinforcing steel has risen 55% and the cost of structural concrete has risen 23%. Additionally, the cost of C- 900 pipe has risen more than 12% in the last six (6) months (see Attachment #1). S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC cr CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM We concur with CDM and recommend awarding this contract to Ric-Man Construction, Inc., d/b/a Richard Mancini Equipment Company as the lowest, most responsive, responsible bidder who meets all specifications and whose bid is in the best interest of the City. Contractors are not required to hold bid proposal prices beyond 90 days from the bid opening date; the expiration date for this bid was June 19, 2005. Ric-Man Construction agreed to extend his bid proposal through July 15,2005 (see Attachment #2). The Utilities Department applied for and received approval of a $500,000 grant from the Lake Worth Lagoon Partnership Grant Program for storm water improvements funded by the Department of Environmental Resources Management. The grant agreement was approved by the City Commission on August 19, 2003, Resolution R03-140. The City must verify $900,000 in matching funds to receive the grant funding. ALTERNATIVES: The INCA project will provide a better quality of life within the community and prevent further nuisance flooding and provide improved water services. The area will be enhanced with street lighting installation, new roadways, and wetland mitigation and protection. At the City's request, our Consultant performed an informal Value Engineering (VE) exercise with regards to the street lighting. This is a fairly complex issue involving the photometries of the specific fixtures and their spacing and power needs. The informal VE indicated that there may be a potential, overall cost savings of $80,000.00 if the City were to select a less expensive light pole and fixture. However, the change would require a post bid negotiation with the Contractor and could impact the FP&L power supply and transformer (see Attachment #3). Permitting by SFWMD and USACOE exceeded 550 days and it is important to move forward with Z~Ol:~ ~ ~-:'n~" I ~sner, Director of Utilities City Manager Utilities Department Department Name City Attorney / Finance / Human Resources Attachments be: Kofi Boateng, Director of Utilities c: Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration Procurement Services PMT File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R05- 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, APPROVING THE AWARD OF 6 BID #019-2821-05/CJD TO RIC-MAN 7 CONSTRUCTION, INC., D/B/A RICHARD MANCINI 8 EQUIPMENT COMPANY, FOR THE INCA STORM 9 WATER MANAGEMENT IMPROVEMENTS AND 10 WATER MAIN REPLACEMENT PROJECT IN THE 11 AMOUNT OF $4,130,907.00, PLUS AN OWNER'S 12 CONTINGENCY OF 15% IN THE AMOUNT OF 13 $619,636.00 FOR A TOTAL PROJECT BUDGET 14 APPROPRIATION OF $4,750,543.00; AUTHORIZING 15 THE CITY MANAGER TO EXECUTE CONTRACT 16 DOCUMENTS; AND PROVIDING AN EFFECTIVE 17 DATE. 18 19 WHEREAS, six (6) competitive bids were received and opened by Procurement 20 ervices on March 22,2005, for the INCA Storm Water Management Improvements and 21 ater Main Replacement Project, and together with Camp Dresser & McKee, staff is 22 ecommending the award to Ric-Man Construction, Inc., d/b/a Richard Mancini 23 quipment Company, as the lowest, most responsive, responsible bidder who meets all 24 pecifications. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 27 28 s being true and correct and are hereby made a specific part of this Resolution upon 29 doption. 30 Section 2. The City Commission of the City of Boynton Beach, Florida, 31 ereby approves the award of Bid #019-2821-05/CJD to Ric-Man Construction, Inc., d/b/a 32 ichard Mancini Equipment Company for the INCA Storm Water Management :\CA\RESO\Agreements\Bid Awards\Award of Bid - Ric-Man (INCA).doc Improvements and Water Main Replacement Project, and does hereby authorize the City 2 anager to execute a contract in the amount of $4,130,907.00 plus an owner's 3 contingency of 15% in the amount of $619,636.00 for a total project budget appropriation 4 of $4,750,543.00, a copy of said Contract is attached hereto and made a part hereof. 5 Section 3. That this Resolution shall become effective immediately. 6 7 PASSED AND ADOPTED this day of ,2005. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TTEST: 26 27 28 City Clerk 29 30 (Corporate Seal) 31 32 33 34 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Ric-Man {INCA).doc CDNI ATTACHMENT 111 1601 Belvedere Road, Suite 211 South West Palm Beach, Florida 33406 tel: 561 689-3336 fax: 561 689-9713 May 26, 2005 Mr. Kofi Boateng Utilities Director City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 Subject: INCA (NE 7th StreetjNE 10th Avenue) Stormwater and Water Main System Improvements - Pump Station Cost Dear Mr. Boateng: In response to the City of Boynton Beach's concern related to the difference between the Engineer's Estimate and the lowest bidder for the INCA project, there are a few things that we need to take into consideration as follow: . The Engineer's Estimate was 8.8% lower than the lowest bidder. This 8.8% difference is well within the industry's acceptable limits of an estimate. The Engineer's Estimate is a tool to evaluate the appropriateness of the bids. . The contractors prepare their bid base price based on actual prices they agree upon with their vendors, suppliers and subcontractors. . The Engineer's Estimate is based on average prices from published market prices databases. These databases prices are usually older compared to the prices the contractors obtain from vendors and suppliers, therefore it is expected to see a difference between the Engineer's Estimate and the contractor's bid price. . The difference between Engineer's Estimate and bid price has been accentuated because the prices for the materials in the construction industry have been changing so drastically and the database of construction prices can become outdated in one week. . The main difference between the cost of items in the Engineer's Estimate and items in the lowest bidder was the cost for the pump station. This discrepancy can be attributed to the fact that the cost of steel and concrete have increased significantly. . From 2003 to 2004 the price of steel increased by 42% and from 2004 to 2005 it increased by 13%. From 2003 to 2004 the price of structural concrete increased by 23%. N:16276\WLB2391.doc consulting. engineering. construction. operations CDM ATTACHMENT #1, PAGE 2 Mr. Kofi Boateng May 26, 2005 Page 2 . For the City's construction budgeting purposes it is advisable to add a contingency beyond the construction cost specified by the lowest bidder to account for unforeseen conditions encountered at the site during construction. . The contingency amount is related to the complexity of the project and for the presence of sensitive issues within the project area (Waters of the State, wetlands, manatees, and special conditions as listed in the USACE and SFWMD permits, etc). The contingency may range between 10 to 15% of the construction cost. Should you have any question or comments, please do not hesitate to contact me at 561-689- 3336. Very truly yours, iL{~ Ana C. DeMelo, P.E. Senior Project Manager Camp Dresser & McKee Inc. ACDjwlb c: Paul Fleming, City of Boynton Beach David Collins, CDM File: 6276-39603-017.GS N:\6276\WLB2391.doc RECEIVED MAY-17-Z005 13:03 FROM-56174Z6316 TO-Ri~hard Man~ini Eq.C PAGE 003 NAME OF BID: "INCA STORMWATER MANAGEMENT IMPROVEMENTS AND W ATERMAIN REPLACEMENT PROJECT" BlD#: 019-2821-05/CJD Agl"eement between the City of Boynton Beach, Owner; and mc MAN CONSTRUCTION. INC. d/b/a Richard Mandai EoaiDmellt Comnanv (Company's Name) Extension Period: JUNE 22. 2005. until llW.nI is ....d.. "JvLY ~{~...2Do S- Its Pa CONof'-t.s....,.'".,j ,-,I P FLF"'"vl..., C....... of f?:.O"''V/l)~J gfAC>-f, tj V"'" Yes, I agree to extend the existing bid proposal under the same Terms and Conditions, until an award is made. <--I1~1t<-{: A l!:>u",{ AUsu~7"'r.v.-~. ~ No, I do not wish to extend the existing bid proposal. ~~,\ ~J(,_''\/, EQ.v,p......&vl (O......PAoV't'" NAME OF COMPANY ?Z6 ~ 6- SIGNATURE ~<,..J P ~'S.(oLv~ NAME OF REPRESENTATIVE (please print) Pd..O~~-T ~A<-,Q TITLE C;;;/llsl o~ DATE (c(S-~ ') o,s-(., - 9~~ 3, (AREA CODE) TELEPHONE NUMBER America. ~ Gatewtly to the Gulfstream COM ATTACHMENT 113 1601 Belvedere Road, Suite 211 South West Palm Beach, Florida 33406 tel: 561 689-3336 fax: 561 689-9713 May 26, 2005 Mr. Kofi Boateng Utilities Director City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 Subject: INCA (NE 7th StreetjNE 10th Avenue) Stormwater and Water Main System Improvements - Lighting Plan Design Dear Mr. Boateng: In response to the City of Boynton Beach's request to perform Value Engineering to the Street Lighting Plan Design for the INCA project, there are a few things that we need to take into consideration. Changing lighting fixtures will require the following: . Redesign to analyze lighting fixture operating voltage, wire sizes, location of light fixtures, lighting distribution, light wattage, electrical panel sizing, etc. . It is technically a new design and therefore the engineering fees would be approximately the same as the original design. The work would include new technical specifications, new drawings and new schedule of bid items. The engineering fee for preparing this lighting plan was approximately $15,000.00. · If the redesigned lighting plan resulted in a 65% reduction in construction costs, then the total savings may result in a $80,000 savings (taking into account the redesign fees). Please note that when negotiating with the Contractor as a change order, the City is less likely to get the lowest possible costs due to the negotiating process versus a competitive bidding process. Other considerations are as follow: · This construction project must start before June 8, 2006 per condition of the U.S. Army Corps of Engineers (USACE) permit. The USACE permit expires on June 8, 2006. . If the City decides to rebid the project, there will engineering fees associated with the bidding process. The fees would be approximately $8,000.00 - $10,000.00. N:\6276\WLB2402.doc consulting. engineering. construction. operations CDNI ATTAGHMENT #3, ~AQE 2 Mr. Kofi Boateng May 26, 2005 Page 2 Should you have any question or comments, please do not hesitate to contact me at (561) 689-3336. Very truly yours, ;9vf (-___ Ana C. DeMelo, P.E. Senior Project Manager Camp Dresser & McKee Inc. ACDjwlb c: Paul Fleming, City of Boynton Beach David Collins, CDM File: 6276-39603-017.GS N:\6276\WlB2402.doc ..cr... . Utilities Department City of Boynton Beach Project Management Team I nteroffice Correspondence TO: FROM: Mary Munro DATE: April 7, 2005 Assistant to the Finance Director/Procurement Paul Fleming, IJrd'( PHONE: 6487 Senior Project Manager -V" \J PROJECT: INCA Stormwater Management Improvements and Water Main Replacement Project Bid #019-2821-05/CJD SUBJECT: Recommendation of Contract Award c: File: 2.2 Kofi Boateng, Utilities Director B. Conboy, Manager, Utilities Administration K. Riseley, Contract Coordinator This office has reviewed the bid tabulation sheet and related information for the project/bid and hereby recommends contract award in accordance with the following data: Project Name: INCA Stormwater Management Improvements and Water Main Replacement Project Recommended Contractor: Ric-Con Construction, Inc. d/b/a Richard Mancini Equipment Company. Ric-Man is the lowest bidder for Bid #019-2821-05/CJD whose bid represents the most advantageous bid to the City, price and other factors considered. A mathematical error for $ 14,000.00 was found in the Schedule of Bid Items during our routine bid proposal evaluation, increasing the bid amount to $ 4,130,907.00. The values for Section 1 were calculated correctly; however, the subtotal for this section was not correct. Ric-Man remains the lowest bidder after the adjustment. Award Amount: $ 4,130,907.00. A Contingency of 15% of the award amount, $ 619,636.00, will be set aside for unforeseen site conditions to be managed by the Senior Project Manager. The recommended total budget appropriation is $ 4,750,543.00. Account Number: 401-5000-590-96.07 STM021 401-5000-590-96.02 WTR116 403-5000-590-96.04 SWR107 Verification of Contractor Responsibility: The Project Management Team and the project consultant, Camp Dresser & McKee (COM), have verified that Ric-Man is currently working on a project in Deerfield Beach (now 80% complete), favorable responses were received from six (6) contacts. Ric- Man has also performed successful stormwater and water main improvements/replacement projects in the past. (((. Utilities Department City of Boynton Beach Project Management Team I nteroffice Correspondence The Subcontractor and Project Schedule bid forms were submitted on March 29, 2005 after the bid opening, a technicality that does not declare Ric-Man non responsive. Compliance with the Plans and Specifications: No exceptions were taken to the construction bid documents. Change in Scope of Work: When the bid for this project was issued, the geographical location included North and South Roads. Field changes in this area of the INCA project occurred due to new home construction in/or near utilities easements and delays in obtaining temporary construction permits. This area will require additional re-engineering and constructability development before the City can proceed. Our department and COM are pursuing alternate methods for the installation of stormwater outfall devises. The items related to North and South Roads were deleted via Addendum #2. As soon as the temporary construction permits can be obtained, North and South Roads will be bid as a separate project. The bid proposals only include improvements/replacements to the geographical area located and/or bounded by NE ih Street on the south, NE 10th Avenue on the north, US #1 on the west, and NE ih Street on the east in the City of Boynton Beach. If you have any questions, please contact me at Ext. 6487. Attachments: Agenda Item Cover Sheet and Checklist Agenda Item Request Letter of Recommendation from COM Signed Bid Tabulation Form CDIVI 1601 Belvedere Road, 5uite 211 50uth West Palm Beach, Florida 33406 tel: 561 689-3336 fax: 561 689-9713 April 5, 2005 fifi@~a\\7~@ APR t 1 ~'~j5 Mr. Paul Fleming Senior Project Manager City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 BOYNTON BEACH UT/UrlES Subject: INCA Stormwater Management Improvements and Watermain Replacement Project Bid #019-2821-05jCJD Evaluation of Bids Dear Mr. Fleming: The bid opening for the INCA Stormwater Management Improvements and Watermain Replacement Project was held on Tuesday, March 22, 2005, at the City of Boynton Beach City Hall. A total of six (6) bids were received. The tabulation of the bids and their respective bidder is summarized in the attached certified bid tabulation table. A summary of the six bids is provided below, along with their Grand Total Base Bid Amount which is the basis of determining the apparent low bidder. Bidder Grand Total Base Bid 1. Richard Mancini Equipment Company $4,130,907.00 * 2. Mora Engineering Contractors, Inc. $4,263,928.00 3. GlobeTec Construction $4,560,170.00 4. Astaldi Construction Corporation $4,989,722.41 5. ManCon, Incorporated $5,248,736.00 6. Chaz Equipment Company, Inc. $6,302,000.00 * Engineer's Estimate $3,767,377.92 *Sid reflects corrected arithmetic The low bidder on the project is Richard Mancini Equipment Company. Each bidder supplied a bid bond or bid guarantee in the amount of five percent of the base bid amount. Each bidder acknowledged receipt of Addendums No. I, 2, and 3. Bids for the project are valid for a period of ninety calendar days from the bid opening day and expire on June 20, 2005. N:\6276\WLB2314.doc consulting. engineering. construction. operations ClIVI Mr. Paul Fleming AprilS, 2005 Page 2 The difference between the two lowest bidders was $133,021.00 or 3.2 percent. The Engineer's opinion of probable cost, prior to opening bids, was $3,767,377.92 or 8.8 percent below the lowest bidder. Richard Mancini Equipment Company and Chaz Equipment Company, Inc. made some mathematical errors. The corrected amounts are reflected above. Richard Mancini Equipment Company submitted the following information with their bid proposal: . Bidder Acknowledgment . Bid Bond . Certificate as to Corporate Principal . Statement of Bidder's Qualifications . Bidder's Site Inspection Confirmation . Noncollusion Affidavit of Prime Bidder . Anti-Kickback Affidavit . Confirmation of Drug-free Workplace . Trench Safety Act Affidavit . Safety Program Compliance . Schedule of Subcontractors and Minority Business Enterprises Richard Mancini Equipment Company has been in business as a General Contractor for 34 years. Based on the six (6) references that we contacted, we have determined that Richard Mancini Equipment Company is qualified to carry out the obligation of the contract in a satisfactory and timely manner. Accordingly, CDM recommends that the City award the construction contract to the lowest responsible bidder, Richard Mancini Equipment Company of Pompano Beach, Florida, in the amount of $4,130,907.00. N:\6276\WLB2314.doc CDtJI Mr. Paul Fleming April 5, 2005 Page 3 If there are any questions regarding the bids, the low bidder, Richard Mancini Equipment Company, or our bid evaluation and recommendation, please contact our office. Very truly yours, d~ Ana C. DeMelo, P.E. Senior Project Manager Camp Dresser & McKee Inc. 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("'J f ;- r> :l is" =- " -I " " (j 0 ~ ., = ::. is' = BID TITLE: INC:A STORMWATER MANAGEMENT TMPROVEMENTS AND WATER MAIN REPT AC:EMENT PRomC:T BID NUMBER: 019-7R7.1-0S;C:TD PROJECT NUMBER: STM021 & WTR 11 () CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this JJ:d day of Mart 2005, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" Or "OWNER" and RIC-MAN CONSTRUCTIONt INC a Florida Corporation l. X ~ a Florida General Partnership ~ a Florida Limited Partnership ~ a Sole Proprietor ~ Check One hereinafter called "CONTRACTOR". WITNF:SSF:TH WHEREAS, The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: INCA STORMWATF:R MANA~F:MF:NTIMPROVF:MF:NTS AND WATF:R MAIN RF:PI,ACF:MF:NT PRO.mCT WHEREAS, Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 22n.d day of Marcht 2005, for the total bid amount of$4tB01907.00; and, WHEREAS, On the 3J:d...day of Mart 2005, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within .J65 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C - 1 Utilities Department Rev. 12/30103 1. AGREEMENT 1,1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2, The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3, The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4, Contractor is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1,1.5. Unless otherwise provided, all time frames referenced In all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists ofthose improvements described and set forth in the Contract Documents. 2.2. The "Contract Documents" are the compilation of the following individual documents: Advertisement for Bids Instructions for Bidders Bid Proposal Bid Bond General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6, Construction Contract 2.2.7. Certificate of Insurance 2.2,8. Public Construction Bond 2.2.9, Technical Specifications 2.2.10. Contract Drawings and Plans 2.2,11. Addenda 2.2,12. Written directives or interpretations 2.2.13. Manufacturers warranties 2.2.1. 2.2.2, 2.2.3. 2.2.4. 2.2.5. c- 2 Utilities Department Rev, 12/30/03 3. OBLIGATIONS OF CONTRACTOR 3.1, Contractor shall: 3,1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3,1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3, Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents, 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS.Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1. 7, Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3,1.8, Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. C - 3 Utilities Department Rev, 12/30/03 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. 6. LIQUIDATED DAMAGES 6,1, The CONTRACTOR further agrees to pay $ 2,500.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to achieve Substantial Completion within 3.65 calendar days from the Commencement Date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety, 6,2, Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. C - 5 Utilities Department Rev, 12/30/03 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents, C-6 Utilities Department Rev, 12/30/03 10. CHANGES IN THE WORK 10,1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. 10.2, All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed, 10,3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done, No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1, The Project Engineer ("Engineer") is Ana DeMelo, P.K, (561) 689-1116. 11.2, The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12,1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. C-7 Utilities Department Rev, 12/30/03 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2, In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-17, CONTRACT INTERPRETATION. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are ofthe essence of the Contract. 15. REMEDY FOR DELAY 15.1, In the event of any delay in the project caused by any act or omission ofthe CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. INITIALS c- 8 Utilities Department Rev, 12/30/03 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 15,5, For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1, Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 16,2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. c- 9 Utilities Department Rev, 12/30/03 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA City Manager Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of: CONTRACTOR President or Vice President Attest as to CONTRACTOR State of Florida ) ) ss: County of Palm Beach ) On this day of , 20_, personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C -10 Utilities Department Rev, 12/30/03 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.3 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon) ".~-) '- )~, ~.! ~..~1 -~-( 0 0 , ~ Administrative Development Plans c.,_ NATURE OF ~ Consent Agenda 0 New Business I .'.... I=, AGENDA ITEM 0 0 w ~, Public Hearing Legal 0 0 Unfinished Business ::0<- ') .-...., Bids -'-;'-,"" 0 _.~ :'-~)z 0 Announcement 0 Presentation en :1 -,-,m ;;:- -1'1 0 City Manager's Report o:;p. 0'1 ."'''0 RECOMMENDATION: A motion to award the "ANNUAL PARTS/SUPPLIES FOR LARGE TRUCK AND MISCELLANEOUS EQUIPMENT", Bid #032-1412-05/JA, to various vendors by manufacturer, with an estimated amount of $100.000.00. CONTRACT PERIOD: JUNE 22, 2005 TO JUNE 21,2006 EXPLANATION: On April 26, 2005, Procurement Services opened and tabulated ten (10) Bids. The evaluating factors used in determining the recommendation were 1) Price; 2) Availability; 3) Delivery Time; 4) Warehouse processing time. All recommended vendors are considered to be the lowest, most responsive, responsible bidders meeting specifications, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMP ACT: The purpose of this bid is to secure a source of supply for various manufacturers. These parts/supplies are Warehouse stock/supply items, to be ordered on an "AS NEEDED BASIS". See attached memo for awarded vendors. FISCAL IMPACT: ACCOUNT# WAREHOUSE STOCK 502-0000-141-01-00 ~~ Assistant to the Finance Director FINI1NCe. / ;:>/Gocu./CCrY)~rir Department Name C: Dominic DeMauro - Warehouse Manager File S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Mary Munro, Assistant to the Finance Director FROM: Dominic DeMauro, Warehouse Manager DATE: May 17, 2005 SUBJECT: Parts for Large truck, Equipment Bid 032-1412-05/JA I have reviewed the tabulation sheet from your office. The factors used were price, availability, delivery time and warehouse processing time. My recommendation is a multi award by manufacture with primary, Secondary and third vender. ENGINE PARTS GMC REA VY DUTY TRUCKS Palm Beach Spring Cost + 8% General GMC Cost + 10% Fleet Pride Cost + 15% Primary Secondary Third MISCELLANEOUS REA VY DUTY EQUIPMENT Palm Beach Spring Cost + 8% Primary General GMC Cost + 10% Secondary Fleet Pride Cost + 15% Third MACK REA VY DUTY TRUCKS Palm Beach Spring Cost + 8% Fleet Pride Cost + 15% Total Truck Parts Cost + 25% Primary Secondary Third FORD HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% Fleet Pride Cost + 15% Atlantic Truck Cost + 20% Primary Secondary Third STERLING HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% Fleet Pride Cost + 15% Atlantic Truck Cost + 20% Primary Secondary Third VOL VO HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% General GMC Cost + 10% Fleet Pride Cost + 15% Primary Secondary Third BRAKE SYSTEMS GMC HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% General GMC Cost + 10% Fleet Pride Cost + 15% Atlantic Truck Cost + 15% Primary Secondary Third Third MISCELLANEOUS HEAVY DUTY EQUIPMENT Palm Beach Spring Cost + 8% Primary General GMC Cost + 10% Secondary Fleet Pride Cost + 15% Third Atlantic Truck Cost + 15% Third MACK HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% Fleet Pride Cost + 15% Atlantic Truck Cost + 15% Powerline Parts Cost + 20% Primary Secondary Secondary Third FORD HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% Fleet Pride Cost + 15% Atlantic Truck Cost + 15% Powerline Parts Cost + 20% Primary Secondary Secondary Third STERLING HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% Fleet Pride Cost + 15% Atlantic Truck Cost + 15% Powerline Parts Cost + 20% Primary Secondary Secondary Third VOLVO HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% General GMC Cost + 10% Fleet Pride Cost + 15% Atlantic Truck Cost + 15% Primary Secondary Third Third CHASSIS+SUSPENSION GMC HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% General GMC Cost + 10% Fleet Pride Cost + 15% Atlantic Truck Cost + 15% Primary Secondary Third Third MISCELLANEOUS HEAVY DUTY EOUIPMENT Palm Beach Spring Cost + 8% Primary General GMC Cost + 10% Secondary Fleet Pride Cost + 15% Third Atlantic Truck Cost + 15% Third MACK HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% Fleet Pride Cost + 15% Atlantic Truck Cost + 15% PowerIine Parts Cost + 20% Primary Secondary Secondary Third FORD HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% Fleet Pride Cost + 15% Atlantic Truck Cost + 15% Powerline Parts Cost + 20% Primary Secondary Secondary Third STERLING HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% Fleet Pride Cost + 15% Atlantic Truck Cost + 15% PowerIine Parts Cost + 20% Primary Secondary Secondary Third VOLVO HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% General GMC Cost + 10% Fleet Pride Cost + 15% Atlantic Truck Cost + 15% Primary Secondary Third Third MISCELLANEOUS GMC HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% General GMC Cost + 10% VMP Cost + 12% Primary Secondary Third MISCELLANEOUS HEAVY DUTY EOUIPMENT Palm Beach Spring Cost + 8% Primary General GMC Cost + 10% Secondary VMP Cost + 12% Third MACK HEAVY DUTY TRUCKS Palm Beach Spring Cost + 8% VMP Cost + 12% Fleet Pride Cost + 15% Atlantic Truck Cost + 15% Primary Second Third Third FORD REA VY DUTY TRUCKS Palm Beach Spring Cost + 8% VMP Cost + 12% Fleet Pride Cost + 15% Atlantic Truck Cost + 15% Primary Second Third Third STERLING REA VY DUTY TRUCKS Palm Beach Spring Cost + 8% VMP Cost + 12% Fleet Pride Cost + 15% Atlantic Truck Cost + 15% Primary Second Third Third VOLVO REA VY DUTY TRUCKS Palm Beach Spring Cost + 8% General GMC Cost + 10% VMP Cost + 12% Primary Secondary Third -Ie -Ie -Ie -Ie Ul Z o H H ~ U H ~ H U ~ P-t Ul H ~ Ul H ~ ~ ~ o ti Ul ~ ~ Q Q H ~ ""l ~ ~ -t "FJ Z; :) l-< fJ t:l .:: .. 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W Z cc~g :J 0 5? -W -~ ~ '<t a::: > LLZ LLa::: 'al Z CCCZ W -..I ;::: ~~ 20 ~ CI> <( ---W f- 0 z 8~ 0 .c coco co> CI) > <( UO U CI) VI.-CONSENT AGENDA ITEM 8.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 0 April 19,2005 April 4, 2005 (Noon) [8] June 21, 2005 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 Date Final Form Must be Turned in to City Clerk's Office May 16,2005 (Noon) June 6, 2005 (Noon) June 20, 2005 (Noon) July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [8] Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: A motion to award "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES" BID #031-1412-05/JA, to various vendors, with an estimated expenditure of$ 40.000.00. CONTRACT PERIOD: JUNE 21, 2005 TO JUNE 20, 2006 ,,-J c _ -,.-~ .- -< ."...; c_ ~ --~ ! r c.~J Ii ~ W 1 :.too -..... .....:1.. c) ,:.) :E 0) '-j -ll IT) ..J.-- -Ill U1 :~J> , n :J:: EXPLANATION: The purpose of this bid is to establish firm prices for the purchase of various PVC piping (schedule 40 & 80) to be used in irrigation installation/repairs. On April 21, 2005, Procurement Services received and opened six (6) proposals. The evaluating factors used in the determining the award were: price, availability and delivery time and warehouse processing time. This is a Multi-Award and all recommended vendors, are considered to be the lowest, most responsive, responsible bidders that meet all specifications: Dominic DeMauro, Warehouse Manager, concurs with these recommendations (see attached memo). The provisions of this award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: This bid will allow the Warehouse Division to order inventory for various PVC piping (schedule 40 & 80) for various departments, to be used in irrigation installation/repairs. Items to be ordered on an "AS NEEDED BASIS" FISCAL IMPACT: ACCOUNT#: 502-0000-141-0000 ESTIMATED EXPENDITURE: $40,000.00 ~~f) Mary Mum , Assistant to the Finance Director ~/n/ rYrI~ / p/?nc / / e€/Y)C/'I'I Department Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach TO: Finance Department WAREHOUSE DIVISION Mary Munro, Asst To The Finance Director FROM: Dominic DeMauro, Fixed Asset Warehouse Manager DATE: May. 25,05 SUBJECT: IRRIGATION SUPPLIES I reviewed the tabulation sheet sent from your office. The evaluating factor used was price, availability, delivery time and warehouse processing time. My recommendation is a multi award to low vendors by group, SCHEDULE 40 ADAPTERS Lehman Pipe SLIP CAPS Lehman Pipe TREADED CAPS Lehman Pipe 45 SLIP ELBOW Cole Industrial Clamps Boynton Pump Couplinl!s Cole Industrial Boynton Pump ELL Cole Industrial NOZZLES RAINBIRD Boynton Pump 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)7)8)9,30,31,32,33,34 35 36,37,38,39,40,41,42,43,44,45 46,47,48,49,50,51,52 Page two NOZZLES RAINBIRD 1800 Boynton Pump NOZZLES RAINBIRD V AIRABLE Boynton Pump Toro hit nozzles 570 Boynton Pump POLY NIPPLES Boynton Pump PoP ups Boynton Pump P.V.C.PIPE 20 FOOT SECTIONS Boynton Pump RISERS Boynton Pump FLOOD BUBBERS Boynton Pump MISCELLANEOUS Boynton Pump No bid RAINBIRD LOC SUPPLIES Boynton pump No bid Slip Tee & Accessories Cole Industrial SPLICE KIT Boynton Pump Swine: pipe ells Boynton Pump TELESCOPE Boynton Pump Lehman Pipe PVC GLUE OURT CAN Lehman Saws Boynton pump Saw blades Boynton pump Valves Boynton pump DIAPHRAGMS Boynton Pump No bid DIAPHRAGMS Kits Boynton Pump Pressure Vacuum Breaker National water works 53,54,55,56,57 58,59,60,61 62,63,64,65,66,67,68,69,70,71,72,73 74,75,76 77,78,79,80,81,82,83,84,85,86 87,88,89,90,91,92,93,94 95,96 97 98,99 100,101.102 103,104, 106,107,108,109 105 110,111,112,113,114,115,116,117,118,119,120,121, 122,123 124,125,126,127,128 129,130,131,132,133 134,135,136 137,138,139,140 141,142 143 144,145,146 147,148,149,150,154 151,152,153 155,156,157,158,159,160,161 162,163,164,165 Page three Timers Boynton pump No award Miscellaneous Boynton Pump Lehman Pipe 168,169,170,171,174,175,176 166,167,172,173 177,178,179,180,181,182,183 184 SCHEDULE 80 ADAPTERS Boynton Pump 185,186, 187,189,190,191,192,193,194,195,196,197,198,199,200 Cole Industrial 188 SLIP TEE Boynton Pump 201,202,203,204,205,206,207,208 ELBOW 90 Boynton Pump 209,210,211,212,213,214,215,216,217 SLIP COUPLING Boynton Pump 218,219,220,221,222,223,224,225 NIPPLES Cole Industrial 226,227,228,229 Slip Elbow 45 Boynton Pump 230,231,232,233,234,235,236,237,238,239 Bushin!! 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'lD ~1- .00C\l ceCll:I:;;;"" ~:I:~~oh ~~W(O;;; >~CDLO- ...J ~..- ~s:~w~ o wz~ -"--0 .. ~~~:I:~ z..-O:::c..u. CIl 0::: o o Z W > C\I ..- '0 C\I ..- IJ) x Qj Q) .r; IJ) "tJ ell ~ a. IJ) IJ) x L!) 9 o 00 ~ o ..q- Q) "S -g .r; u (/) U > c.. C\I - o C\I Q) Q) .r; CIl CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.S. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) ~ June 21,2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) NATURE OF AGENDA ITEM o ~ o o o o Administrative 0 Development Plans Consent Agenda 0 New Business Public Hearing 0 Legal Bids 0 Unfinished Business Announcement 0 Presentation ,) '.) ,-,~ :':-.:~ -<:" c_ c= oi!'r_... -..: c: I W ~-i'""i ) .-- [n tj C-~.J -u =~ 1=) ....__.\-",. c..) -:., ~ ~~ll '-"-, -rrl U1 S2J> RECOMMENDATION: A motion to "piggyback" existing Bid#05-28537-001, of Plant City, for the purchase offi~~ (5) new and unused 40 KW stationary generators and automatic transfer switches manufactured by Katolight/John Deere. The bid contract was awarded to CJ's Sales and Service, Inc. of Ocala. The total cost for the five (5) generators is $105.845.00. , ---' , . City Manager's Report EXPLANATION: The Utilities Department has recognized the need for additional stationary generators at designated lift stations. The lift stations identified are key major re-pumping stations and are critical by virtue of the facilities served as such: Bethesda Hospital, nursing homes and shelters. The following are the lift station sites that will receive generators: 1. LS 509 - Boynton Beach High School, the City's largest hurricane shelter 2, LS 603 - Re-Pumps Fire Station 2, Homewood Residence and portions of Leisureville 3. LS 405 - Bethesda Memorial Hospital and Boulevard Manor Care Nursing Center 4. LS 310 - Boynton Beach Assisted Living Facility, 4 Seasons, Boynton Bay Apartments 5, LS 406 - Chapel Hill, Mission Hill, re-pump Lake Eden, pumps to LS 405 It is preferred that the generator sets for these stations be outfitted with self contained fuel tanks and automatic transfer switches, so that the generators will start and run automatically when FPL power is lost. The fuel tank is sized to allow approximately 48 hours of operation without refueling. This would allow time for department personnel to mobilize and deploy portable generators to other stations without having to attend these critical locations. Kofi Boateng, Director of Utilities, concurs with this recommendation, (see attached memo No. 05-75). FISCAL IMPACT: The Utilities Department owns Katolight/John Deere generators and has been satisfied with their service and their reliability. Each generator costs $21,169.00 for a total of $105,845.00. Funds are available in #403- 5000-590-96-03, SWRI08, Utilities Replacement; however these are new and not replacement generators. ACCOUNT# 403-5000-590-96-03 EXPENDITURE: $105,845.00 S:I8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC .....-~ ..,...".....,...,.. T I""'arr.""" ......I""tI..... T"a.Tr.-.............T ............. .II. ."............... CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FinancefProcurennent DepartInent N anne ~~ Mary M , AssIstant to the Fmance DIrector S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC UTILITIES DEPT. GENERATOR SETS AVAILABLE WASTEWATER PUMPING STATIONS Stations with permanently installed generators: Master Station #309- 1900 N. Seacrest Blvd, Master Station #316- 100 yards east of Military Trail and Golf Road Master Station #317 - 1000 feet east of Winchester Park Blvd, on Boynton Beach Blvd, Master Station #319 - Southeast corner of Lawrence Road and Miner Road Master Station #356 - 500 feet east of Federal Highway on Boynton Beach Blvd, extension Master Station #801- Northwest corner of Lawrence Road and Boynton Beach Blvd. Stormwater Station # 415- SW 3rd Street between 5th Lane and 6th Ave, Stations with 40 Kw permanently installed generators on order: LS 509 Quantum Park South - inside the Publix warehouse complex in Quantum Park LS 603 Home Depot area - just South of the East end ofSW 4th Ave. behind Home Depot LS 405 Behind (E of) Bethesda Hospital - NW corner of SW 27th Ave. & SW 6 St. intersection LS 310 Four Seasons - 100 ft. NE ofNE 4th St. & NE 16th Ave. intersection LS 406 West of Chapel Hill Blvd. & Westwood Ln. intersection (in the median) Portable (trailer-mounted) generators Generator 8148 (60 Kw) Generator 8146 (60 Kw) Generator 8149 (60 Kw) Generator 8145 (60 Kw) Generator 8147 (60 Kw) Generator 8105 (125 Kw) Generator 8106 (80 Kw) Generator 8128 (80 Kw) Generator 8119 (80 Kw) Generator 8107 (80 Kw) Generator 8127 (80 Kw) Generator 8120 (80 Kw) Generator 8189 (80 Kw) Generator 8188 (80 Kw) Generator 8184 (60 Kw) Generator 8183 (60 Kw) - permanently assigned to Fire Station #2 Water Treatment Division Permanently installed generators are at both treatment plants and portions of East Wellfield, and ground storage tanks. Portable generators for Wells 8065-125 K w anan 8066-125 K w anan 8105-125 Kw anan 8111-125 Kw anan 8132-125 Kw Katolight 6/1 0/2005 LARGE PUMPS AND OTHER EQUIPMENT Pump 8051 (6") - Water Distribution Pump 8052 (8") - Stormwater Pump 8123 (6" Godwin) Pump 8124 (6" Godwin) Pump 1485 (12" Godwin) Welder on Vehicle # 114 6/10/2005 MEMORANDUM Utilities Department No. 05-75 RECEIVED MAY 26 2005 FROM: Mary Munro Purchasing Agent Kofi Boateng ,} A ~ Director of Utilitie~ d-- ORr,~'7llJ). ~ ""~RVICEC' . ....c,"'ro; _ ~C"' .:J , - TO: AV~~ \- DATE: May 23, 2005 SUBJECT: Piggyback City of Plant City Bid #05-28537-001 Five (5) 40kw Stationary Generators/Transfer Switches Agenda Item - June 21, 2005 The Utilities Department would like to piggyback the City of Plant City generator bid #05-28537-001. The bid contract was awarded to CJ's Sales and Service, Inc. ofOcala, Florida. The department would like to purchase five (5) new and unused 40kw stationary generators and automatic transfer switches manufactured by Katolight/John Deere. The department has recognized the need for additional stationary generators at designated lift stations. The lift stations identified are key major re-pumping stations and are critical by virtue of the facilities served such as: Bethesda Hospital, nursing homes and shelters. The following are the lift station sites that will receive generators: 1. LS 509 - Boynton Beach High School, the City's largest hurricane shelter 2. LS 603 - Re-Pumps Fire Station 2, Homewood Residence and portions of Leisureville 3. LS 405 - Bethesda Hospital and Boulevard Manor Nursing Center 4. LS 310 - Boynton Beach Assisted Living Facility, 4 Seasons, Boynton Bay Apartments 5. LS 406 - Chapel Hill, Mission Hill, re-pump Lake Eden, pumps to LS 405 It is preferred that the generator sets for these stations be outfitted with self contained fuel tanks and automatic transfer switches, so that the generators will start and run automatically when FPL power is lost. The fuel tank is sized to allow approximately 48 hours of operation without refueling. This would allow time for department personnel to mobilize and deploy portable generators to other stations without having to attend to these critical locations. 1 The Utilities Department owns KatolightlJohn Deere generators and has been satisfied with their service and their reliability. Each generator costs $21,169.00 for a total of $105,845.00. Funds are available in account #403-5000-590-96-03, SWR108, Utilities Reserves, for these additional generators. Funds are established in Renewal and Replacement; however, these are new and not replacement generators. Attached is the bid award and proposal. Please present this at the next City Commission meeting for their approval. If you need additional information contact Peter Mazzella at ext. 6404 or Tony Lombardi at 6421. cc: Pete Mazzella Tony Lombardi Jim Hart Barb Conboy 2 Feb 09 05 07:28a CITY OF PLANT CITY 813-757-9037 p. 1 CITY OF PLANT CITY 302 W REYNOLDS ST PLANT CITY, FL 33566 813/659,4270 Fax 813/659,4216 PURCHASE ORDER: 9454 * ** ** VENDOR .,~**., . . . ..... q/S. SALES AND SERVICE OFOCAL 132 NE.17TH PLACE OGALA . FL 34470 . FOB Vendor No, 53470-1 Vendor "Phone No Quantity UiM. .:.. Description.. ..'.. ... . . 1 3,00 EACH GENERATORS W/TRANSFER SWITCH J~'1~:; /~11~rJ Li1lt~ ~ ~)lt.rA/J ;11!/)JjJ J R.( ~ karCJ1~~7S7,9~a~ ~~~\ VEN~DOR INSTRUCTIONS: 1, Mail Invoices Lo, ORDERING DEPl\RTMEN'I' 2. Invo:ices and Packages must beaL" LlJIj P.O. No. Above. 3. Purchases may not exceed the t.otal amOlmt of t.hl.8 order without prior approval by the purchasing DepL, 1. J\cceptance of th~s order includes acc.ept.ance of a)l terms, prices. de1ivery instructions/ specificatlonB and conditions. 5. Stat.e Tax Exempt#: 39-I2-I26761-54C ETN: 59-6000~10 6. If YOtl have questions, please call 813/659-4270 VENDOR Page: 1 of 1 . . . . ... ... *t'" ";*DELIVERTO* **~* UTIliTIES MAINTENANCE 1804SPOONEltDR. . Vei1dor. Fa); ; . UnilJ>rlce. ...... Extended .. .. .. ;.GJLAccount 21,169.0000 63,507,00 302-181001-536-3400 ** TOTAL J1r* 63,507,00 -- '-- /.l.-r::n1./ C LAY' 17 I If ' - f7+V/1Ir-J {L f4"J [ r~()Cf-S 5 tJ /L-;fll:/L- Krr~ I SPECIAL TNRTRUCT10NS, --' ~ _ I'6i.1 D ,.. T' TI....,. ~ TT n J.,.. ~ " ~A~E~ April 1, 2005 City of Boynton Beach Attn: Tony Lombarde 124 E. Woolbright Rd, Boynton Beach, Fl. 33435 Re: City of Plant City Generator Bid Dear Mr, Lombarde: CJ,s Sales and Service will honor the price that was given to the City of Plant City under there bid # 05-28537-001 for the purchase of diesel generators with automatic transfer switches to the City of Boynton Beach, The price was $ 21,169.00 ea. Sincerely, Cj's Sales & Services of Ocala, Inc. c?~ fZ~C Carlos R. Torres Sales Manager 6242 Magnolia Springs La. - JadaJonville, n 32258 - (904) 26()..1771 Ph - (904) 288-8463 Fax E-Mail: carIost@cjspower.com CJ.s Power Systems 6242 Magnolia Springs Ln. Jacksonville Fl. 32258 carlost@cjspower.com (Phone) (904) 260-1771 (Fax) (904) 288-8463 www.cjspower.com Proposal For Boynton Beach Waste Water April 1 , 2005 Attn: Tony Lombarde CJ's Power Systems submits the following proposal for the project: Generators for Lift Stations KA TOLlGHT MODEL: (Qty - 1) - SED40FJJ4T2 (File #: 16) GENERATOR: 40 kW, 50 kVA VOLTAGE: 120/240 ACV 3-Phase (J) ENGINE: John Deere 5030TF270, Diesel Enclosed, 60 Hz, 1800 RPM Standard Features Included: Microprocessor based, digital readout control system. 12SAmp - 1201240 Three Phase Mainline Circuit Breaker mounted in generator ouUet box, Engine vitals monitored by LCD display: OU pressure, Running time, Engine temperature, Safety shutdowns (HWT, OC, OS, OP, LWl), Baltery voltage, Generator AC voltage, AC amperage, Frequency. Additional Features: Oil drain extension, Flexible fuel connectors, Battery with rack & cable, Battery Charger, Critical muffler, Vibration isolation pads, Block Heater) Selected Model Features Included: Isochronous Governor + I - .25% UL2200 Permanent Magnetic Generator Emergency Stop Button CONTROL PANEL: KatoIight Microprocessor Control Panel Katolight Digital Genset Controller (KDGC-500) utilizes microprocessor based technology to provide a versatile system for genset control, protection and monitoring. The KDGC-500 is equipped with a microprocessor based, flash memory, displays 18 engine/generator parameters, has user programmable analog sender inputs for oil pressure, coolant temperature and fuel level, controls engine starting and stopping, programmable alarms and pre-alarms, NFPA-110 level 1 compatible, (3) programmable inputs, (2) programmable outputs, remote annunciation via 2-wire communications, UL listed and CSA certified. ENCLOSURE:~rP~ Weather Proof Enclosure includes bolt together sheet metal enclosure constructed with 14-gauge material, lockable hinged doors, keyed alike, a fixed storm proof air intake IOlNer and expanded metal air discharge, muffler mounted inside the enclosure; including rain cap, Included Accessories: 1.5" Sound Attenuated Foam Air Scoop Intake Air Scoop Exhaust COOUNG SYSTEM: Unit Mounted Radiator CIRCUIT BREAKER: Circuit Breaker - UL listed and CSA certified (80% rated) (Qty: 1) BATTERY: Lead Acid Battery BLOCK HEATER: Standard . -20 F 1500 Watts (Mounted and Wnd to Tenninal Strip) VIBRATION ISOLATION: Vibration Pads BATTERY CHARGER: KL2608 (12 Volt, 6 Amp) - Mounted and Wired to Tenninal Strip MUFFLER: Critical Muffler - Unit Mounted and Insulated SUB BASE TANK: Standard Fuel Tank With Stub Up . (105 Gal.) Fuel tank(s) factory installed, Features include double wall UL 142 approved, constructed in accordance to NFPA 30, fuel leak detection standard (low fuel level alarm standard), 1,5" normal vent cap, 2" fill with lockable fill cap, 2-6" NPT opening for emergency vent. AUTOMATIC TRANSFER SWITCH: ASCO 300 Poles: 3 3003104C (104 Amp) (Qty: 1) Included Accessories: Test Swik:h Manual Bypass of Transfer to Normal TO A TS SWitch Position Indicating Lights Source Available Indicating Lights Automatic Engine Exerciser with LoadINo Load Selector Switch A TS Position Indicating Contacts (1 Normal, 1 Emergency) Provisions for Remote Transfer Contact (Peak Shaved) bypassed If Emergency Fails In-Phase Monitor for Motor Load Control Selective Load Disconnect Provisions for Inhibiting Transfer to Emergency Time Delay Momentary Outage Override (Normal) Time Delay Momentary Outage Override (Emergency) TIlTl8 Delay Transfer to Emergency Time Delay Re-transfer to Normal Time Delay Engine Cool Down Wammty (5 Year) Deluxe Eng. Exerciser (11 BG) NEMA 3R /30-200A MISCELLANEOUS: Paint - Katolight Tan Testing - Standard Commercial Test: 1 Hour Manual - One Instruction Manual Warranty - Five-Year /1500 Hour NOTES: 1. This proposal is our interpretation of your requirement and includes only the items listed. Should there be other requirements or specifications, we will requote accordingly. 2. Seller ...rves the privilege of requoting upon receipt of written specifications and drawings. 3. Units are shipped wet to include lube oil and a 50/50 water and anti..freeze mix unless otherwise noted in this quotation. 4. Startup perfonned upon notification of completed installation by installing contractor. 5. Quote to Indude: Supply Truck to Deliver, Perform Warranty Start Up, Perform Onsite Training for Personnel, One year Preventive Maintenance Contract (one major). 6. Price is same 88 given to the City of Plant City on there bid " 05-28537 ~1. AlI.AA"'''..**.\A..U.......AAAAA.*****A&..''AAA...''....**......AAA TOTAL PROPOSAL PRICE: $ 21,169.00 *********************************************************.******** Quoted prices do not indude Federal, State or Local tax.. which may be applicable. Quoted prices inctude normal testing, packaging and instructional literature. Special testing, packaging, additional inst:ructionalliterature, ,.u, provisioning lists or prints are not included, and prices will be quoted separately. Quotation Finn For 30 Day(s) Delivery Notes: Approximate Shipping Weight: 2,126 Ibs. (964 Kgs.) BY: ~ 12 ~~. CJ's Power Systems Carlos R. Torres Customer Acceptance Project: Boyton Beach Waste Water Date of Acceptance: Customer Purchase Order Number: Carlos CJ'S Power Systems Signature: Special Instructions: Flfl.r:' 06 05 09:10a CITY OF PLANT CITY 813-757-9037 p.2 I ., '1b~ '-0~--- ~~J.-.A () \, I. h c. ~ '7\h (- J.-r.....-.---. RESOLUTION NO. 21-2005 k/ '-f\-'"' - t.. Lu A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PLANT CITY, FLO,RIDA, ACCEPTING THE BID OF CJ'S SALES AND SERVICE OF OCALA, IN< . FOR THREE (3) GENERATORS WIlli AUTOMATIC TRANSFER SWITCH AND TWO l ~) DISCONNECT SWITCHES. Whereas, advertisement for bids for three (3) generators with automatic transfer ~ vitch and two (2) disconnect switches has been heretofore given in compliance with Chapter 2 Division 2, Subdivision II, Plant City Code; and Whereas, all bids having been received and duly verified, it appears that the low 1 idder Alternative Power Sources, LLC failed to meet specifications as their proposed generato only had a three cylinder engine that turned 2,800 r.p.m.; and Whereas, because Alternative Power Sources, LLC materially deviated from the specifications, the City Commission finds that it is not the lowest and most responsible t dder; and Whereas, the second lowest bidder, CJ's Sales and Service of Ocala, Inc. has com )lied with the bid requirements and the lowest and most responsible bidder is CJ's Sales and S rvice of Ocala, Inc. in the amount of $63,507.00; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PLANT :ITY, FLORIDA: Section I. That upon being advised in the premises, it is hereby determined that le bid of ers Sales and Service of Ocala, Inc. in the amount of $63,507.00 for three (3) general Irs with automatic transfer switch and two (2) disconnect switches is the lowest and and most res onsible bid, and the contract is awarded to CJ's Sales and Service of Ocala, Inc. Section 2. This resolution shall be effective immediately upon passage. Adopted by the City Commission on Ja ~ Virgi 1 L. Helper City ~ erk Apr 06 05 09: lOa CITY OF PLANT CITY 813-757-9037 p.3 ... , Approved as to form and correctness: ~~ Kenneth W. Buchman City Attorney CQ)fP>1f' CIn' OF PLANT CITY, FLORIDA INVITATION TO BID Bidder Acknowledgment Bid will be opened Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch at 2:15 p.m., Thursday, December 9, 2004 and may not be withdrawn within forty-five (45) days after such date and time, All awards made as a result of tIlls bid shall conform for applicable State Laws and local ordinances, NAME OF VENDOR CJ1s Sales and Service .MAILING ADDRESS 132 NE 17th PI CITY - ST ATE - ZIP CODE Ocala, FL 34470 AREA CODE Bid Title Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 ~INGDAtE 12-8-04 (352) 732-0271 TELEPHONE NUMBER I certify that this bid is made without prior collaboration, agreement, or connection with any cOJvoration,firm, or person submitting a bid for the same mateJia]s, supplies, or equip- ment, and is in all respects fair and without col- lusion or fraud, I agree to abide by all condi- tions of this bid and certify that I am authorized to sign this bid for the bidder. A1JTBORJZATION S]GNA TURE ~ _ (J\~N1JA~ I 1tWZ;a~ AlJTHOIUZED SIGNA T1JRE (TYPED) -.;.====-----===c;.~= A- J (ADDENDUM NO. 1 - December " 2(04) GENERAL CONDITIONS BIDDERS: To insure acceptance ofthe bid follow these instructions. SEALED BmS: One copy of all bid sheets and this form must be executed and returned, AJI bids are subject to the conditions specified hereon and on the attached pages, RETURN ONE COPY OF BID ONLY: Bid must be submitted in a sealed envelope. The face of the envelope shall contain, in addition to the bidders address, the date and time of the bid opening and the bid title, The sealed bid needs to be returned to the City of Plant City, Public Works Building, 1802 Spooner Drive, Plant City, Florida 33563, 1, EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided above. The company name must also appear on each page of the bid required, 2. NO BID: If not submitting a bid, respond by returning one copy of this forn}, marking it "NO BID", and explain below the reason. Repeated failure to quote without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. NOTE: A bidder, to qualifY as a respondent, must submit a "NO BID", and same must be received no later than the stated reason for "NO BID": 3, PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, In case of a mistake in extensions, the unit price will take precedence. All prices will be F,O.B, Plant City (unless otheIWise stated in special conditions). Bidders may offer discounts as an inducement to secure expeditious payment of invoices. Additional discount for prompt payment may be considered in making the award, Discount tin1e will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Prices and extensions shall be typed or printed in ink. Note: This bid price can be extended for a period of one year for additional quantities. (a) TAXES: The City of Plant City does not pay federal or state sales tax. Do not include these items on invoices. The applicable tax exemptiOIi number is shown on purchase orders, (b) ~MlSTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. 2 (c) CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging, (d) UNDERWRITER'S LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry UL. approval or re- examination listing where such has been established by UL. for the item(s) offered and furnished. (e) BIDDER'S CONDITIONS: Any conditions to be made as part of the bid, should be submitted by letter with notes thereof on bid sheet for consider- ation, (f) BID BOND: Bid(s) Must Be Accompanied by a Certified Check or Bid Bond in an Amount Not Less Than (5%) of The Bid. 4. EQUIVALENTS: Any manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for infonnation and not to limit competition. Bid any brand which meets or exceeds the quality of specifications listed for any item, If the bid is based on equivalent products, indicate on the bid form the manufacturer's name and number and indicate any deviation from the specifications as listed, Include fully descriptive literature on item(s). Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a quotation in complete compliance with the specifications as listed in the bid form, 5, NONCONFORMANCE TO CONTRACT CONDITIONS: Items delivered not conforming to specifications may be rejected and returned at vendor's expense, These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in vendor's name being removed from the Division of Purchasing vendor mailing list. 6, SAM:PLES: Samples of items, when required, must be fumished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense, Request for the retum of san1ples must be made within ten (10) days following opening of bids, Each individual sample must be labeled wiD] bidder's name, Failure of bidder to either deliver required samples or to clearly identify as indicated may be reason for rejection of the bid, 7. DELIVERY: Unless actual date of delivery is specified (or ~f spec~fied delivelY cannot be met), show number of days to make delivery after receipt of purchase order in space provide, Delivery time may become a basis for making all award (\'ee Special Conditions). Delivery shall be within the normal working hours of the user, Monday through Friday. 3 8, INTERPRET A TJONS: Any questions concerning conditions and specifications should be submitted to the buyer no later than three (3) days prior to the bid opening. 9, AWARDS: As the best interest of the City may require, the right is reserved to reject any and all bids to waive any irregularity in bids received; to accept any items or group of items unless qualified by bidder; to a.cquire additional quantities at prices quoted on this invitation unless additional quantities are not acceptable, in which case the bid sheets must be not.ed "BID IS FOR SPECIFIED QUANTITY ONLY". It is hereby made a part of this request for bid that the submission of any bid in response to tlus advertised request constitutes a bid made under the sanle conditions for the same contract price and for the same effective period as this bid, to all public entities in Hil1sborough County, particularly those listed on page 7.1, 10. BID OPENlNG: Shall be public, on the date and at the time specified on the bid form, All bids received after that time shall be returned. Offers by telegram or telephone are not acceptable, 11. ADVERTISING: In submitting a proposal, bidder agrees not to use the results there from as a part of any commercial advertising. 12. INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided, Title t%r risk or loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer. 13 . PAYMENT: Payment will be made by the buyer after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced, 14, DISPUTES: In case of any doubt or difference of opinions as to items to be furnished hereunder, the decision of the buyer shall be final and binding on both parties, 15. LEGAL REQUIREMENTS: Federa~ State, County and local 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. 16, SPECIAL CONDITIONS: Any and all Special Conditions that mayvaJyfrOl11 these General Conditions shall have precedence, ] 7, occUP A TJONAL HEAL TB AND SAFETY: In compliance '\vith Chapter 442, Florida Statutes, any item delivered fi'ol11 a contract resulting fi-om tlus bid mus1 be . , <- accompanied by a Material Safety Data Sheet (MSDS), The MSDS must be maintained by the user agency and must include the following infonnatiol1. 4 (a) The chemical name and the conunon name of the toxic substance. (b) The hazards or other risks in the use of the toxic substance, including: I, The potential for fire, explosion, corrosivity, and reactivity; 2, The know acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3. The primary routes of entry and symptoms of overexposure, ( c) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in tbe use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure, (d) The emergency procedure for spills, fire, disposal., and first aid. (e) A description in layman terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information, (f) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 5 GOVERNMENTAL PURCHASING COUNCIL OF HILLSBOROUGH COUNTY GENERAL INSTRUCTIONS 1. Bids shall be submitted upon this form only, and shall not be separated from the specifications, and any Bid not submitted on tllls form shall be considered irregular and for that reason may be rejected. Any Bid containing terms, conditions or provisions in conflict with, or not called for by the Fonn of Proposal or Specifications, shall be deemed a counter-offer and shall be rejected. Unconditional discounts in the price may be given, and. in that event, the net price shown shall be considered the Bid, but in the event any such discount is conditioned upon time of payment or delivery other than that specified, or any other things, the Bid shall be considered a counter-offer and shall be rejected, 2, Payment will be made within forty-five (45) days after receipt of materials, equipment or supplies and invoice. 3, Equipment, material or supplies to be delivered complete and ready for use, 4, The Agencies represented are exempt from all Federal Tax on transportation and also State of Florida Sales Tax and these items shall not be taken into consideration in the Bid. 5, The contract will be awarded, if at all, as provided by law, within thirty (30) days after receipt of Bids. 6, The Governmental Purchasing Council of Hills borough County reserves the right to reject any or all proposals and to waive irregularities in the Bid. 7, The Purchasing Departments of each agency represented, will place their own orders as needs and availability of funds dictate. 6 Southwest Florida Water Management District 2379 Broad Street Brooksville, FL 34609-6899 City of TempJe Terrace p, 0, Box 16930 Temple Terrace, FL 33687 Tampa Port Authority Director of Finance Tamp.a, FL 33601 Hillsborough County Hospital Authority Director of Purchasing 330 W, Platt, Suite 200 Tampa~ FL 33606 Hillsborough Community College Director of Purchasing 39 Columbia Drive Tampa~ FL 33606 Hillsborough County Purchasing p, 0, Box 1 no Tampa, Florida 33601 City of Tampa 81ll Floor, City Hall 315 E, Kennedy Blvd. Tampa, FL 33602 Tampa Sports Authority Purchasing Agent 4201 N, Dale Mabry Tampa, FL 33607 Hillsborough Area Reg. Transit Authority 4305 E. 21 sf: Avenue Tampa, FL 33605 University of South Florida Division of Procurement Adm, 185 Tampa, FL 33620 7 Sheriff Office P. O. Box 3371 Tampa, FL 33601 School Board of Hillsborough p, 0, Box 3408 Tampa, FL 3360 I Aviation Authority Hillsborough County p, 0, Box 22287 Tampa, FL 33622 The Housing Authority of the City of Tarnpa Executive Director Tampa, FL 33607 State Attorney's Office Courthouse Annex 5th Tampa, FL 33602 GENERAL SPEClFICATIONS FOR Three~ (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 City of Plant City, Flo."ida ITEM SPECIFICATIONS VARlATIONS Silence of Specification The apparent silence of these specifications and any supplemental specifications as to details of the omission from it of a detailed description con- cerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used, All interpretations of this specificatior shall be made upon the basis on this statement. Taxes The City of Plant City is exempt from Federal Excise and Transportation Taxes and Florida State Sales Tax, Do not include these taxes in your bid price, An exemption certificate will be furnished on request. Warranty The bidder shall assume full responsibility for warranty of all components of the equipment. A statement shall be attached with the proposal setting out the conditions of the warranty. Delivery Date The bidder shall specifY the number of calendar days, after notification of award of bid, required for delivery of the equipment. Failure of the success- ful bidder to make delivery within the specified time, relieves the Board of City Commissioners of any legal responsibility to accept the equipment after tlus tinle, or to make any payment for expense the bidder may have incurred. Standard Equipment In addition to the options specified the macJunery shall be equipped with all standard equipment specified by the manufacturer. (8) GENERALSPECWICATIONSCONTINUES FOR Three (3) New and Latest Model Generator"s with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 City of Plant City, Florida ITEM SPECIFICATIONS VARIATIONS New and Unused The bidder shall represent by his bid that all equipment to be fumished under this bid is new and unused and the latest model year available, Product Literature All bids must be accompanied with the manu- facturer's product literature describing the make and model of equipment bid. Assembled and Adjusted It is required that the unit, as specified herein, shall be completely assembled and adjusted and that all equipment, including standard and optional equipment, be installed and the unit made ready for operation upon delivery. Delivery Location Public Warks Complex Utilities Maintenance Division 1802 Spooner Drive Plant City, Florida. Guarantee The contractor shall unconditionally guarantee the equipment he proposes to fumish in every detail meets or exceeds the specifications, The equipment shall be of first quality and guarant.eed against defect in workmanship and material. NOTE: If ~'ou have an~' questions, please call1>aul Cockr'ell at (813) 757-9288 exi. 244. (9) TECHNICAL SPECIFICA TIONS Thl'ee (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 SCOPE OF WORK: The standby electric system shall consist of an electric generating unit, which, upon interrujption of normal power, will start automatically and, by the automatic transfer switch, will disconnect load from normal supply and connect to the standby generator, The generator, transfer switch, and disconnects will come assembled and pre-wired as a total package, ITEM SPECIFICATION VARIATION OUALIlY ASSURANCE: A Reference Standards: The work shall conform to the applicable provisions of the following standards except as modified herein: Al American Society for Testing and Materials (ASTM): ASTM A53-84 Pipe, Steel, Black and Hot-Dipped Zil1c- Coated, Welded and Seamless. ASTM B 16.3-77 Malleable Iron Screwed Fittings, 150 and 300 lb. A2 National Fire Protection Association (NFP A): NFPA 30-2000 Flammable and Combustible Liquids Code, NFP A 37-1999 Stationary Combustion Engines and Gas Turbines. NEC 1993 National Electrical Code, NFPA 1 ]0-]988 Emergency and Standby Power Systems, ]0 TECHNICAL SPECIFICATIONS CONTINUES Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Swit.ch BID NO.: 05-28537-001 ITEM SPECIFICA TJON VARIATION A.3 Underwriter's Laboratories (UL): UL-50 (88 Dec 90) Cabinets and Boxes, Electrical. UL-142 (87 Sept 87) Steel Aboveground Tanks for Flammable and Combustible Liquids, B. Standard Product: The unit shall be the product of a firm regularly engaged in the manufacture of Engine/ Generator sets, and a standard model in production at the manufacturer's place of business, The unit shall be factory built, tested and shipped by a single manufacturer to establish a single source responsibility. C, Acceptable Manufacturers: Caterpillar or Cummings or equal, SUBMITTALS: (a) Material and Equipment Schedule: Al Submit complete list of equip- ment to be provided within 30 days afterthe contract award, Partial lists vviU n01 be acceptable A.2 Include the following: Catalog numbers, cuts, dia- grams, drawings and other descriptive literature as related. A.3 Basis of apRroval: Manufacturer's published ratings, 11 TECHNICAL SPECIFICA TIONS CONTINUES Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 ITEM. SPECIFICA TION VARIA TION (b) Shop- Drawings: B.J Shop drawings shall be submitted for the following items of equipment: a. Engine b, Generator c. Generator Circuit Breaker d, Control Panel e, In Base Fuel Storage Tank f Generator Weatherproof Enclosure B.2 Contents of the shop drawings shall include the following: a. Details of construction, sett- ing and anchorage of unit. b. Dimensions c. Materials d, Material thicknesses e. Finish f. Ratinas b o b' Accessories ~--~-_.- h, Trim Ladder type schematic con- trol diagrams and wiring diagrams for all equipment provided. J2 TECHNICAL SPECIFICATIONS CONTINUES Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 ITEM SPECIFICA TION VARIA TION iI, Diagrams shall show and identifY remote mounted devices in- cluding those supplied with the equipment and with/or as part of other equipment. i2. Diagrams shall indicate color coding and label- ing of wiring and in- clude a complete symbol legend and abbreviation list as used for all devices of diagrams, C. MANUF ACTIJRER'S LITERATURE: C.l Manufacturer's literature shall in- clude the following information for the equipment listed under B,l above, a. Written description of equipment function, n0IT11al operating characteristics and limiting conditions, b, Recommended assembly, in- stallation, aligmnent, adjust- ment and calibration instruc- tions, ----~------- c, Description and recommend- ed installation instructions for all items equipment. 1 "J TECHNICAL SPECIFICATIONS CONTINUES Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 ITEM SPECIFICA TION d. Operating instructions for start- up, normaJ operations, regulation., shutdown and emergency conditions, VARIATION e, Maintenance instructions and schedule. f Guide to "troubleshooting". g, Parts list with identification to assembly drawing. h, Outline and assembly dra\;I,I- ings, engineering data and "Wiring diagrams. D. Operation and Maintenance Manuals: Prior to final acceptance of this project, an operation and maintenance manual shall be submitted, The manual shall include manu- facturer's literature as outlined in C - Manu- facturer's Literature above, drawings corrected per shop drawing review com- ments, and lists of suppliers and/or service shops that can provide parts and accessories and equipment repair for the items of equip- ment listed in B 1 - Shop Drawings above. These lists shall include a contract name, telephone number address. E. Warranty: All equipment and materials sup- plied shall be warranted against defective design, materials, and workmanship for a minimum period of five (5) years or fifteen hundred (J 500) hours operation whichever Occurs first under normal use. The warranty period shall begin when the generator is put into use and accepted by the Owner. 111 TECHNICALSPECWICATIONSCONTUVUES Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 ITEM SPECWICA TJON VARIA TION E, 1 The warranty shall cover replacement equipment and/or repair including labor, travel time and miscellaneous expenses at cost to the owner for the full warranty period. E,2 Submit manufacturer's written warranty with the shop drawings and include an approved warranty in the Operations and Maintenance Manual. E.3 Minimum one (1) year routine maintenance, change oil, filters, clean battery connectiOns, and fIusp cooling systems i.e, GENERA TING PLANT: A General: The generating plant shall consist of a diesel engine directly connected to a brushless alternating current generator with a brushless exciter and integrally mounted generator circuit breaker and control panel. Automatic controls shall be furnished to start the unit upon signal from a remote start contact upon failure of the nonnal source of power, AA Where two or more units are requir- ed, provide all units from a single manufactuer, A.2 The Installation shall meet all re- quirements ofthe National Fire Pro- tection Association (NFP A) as listed ill A2 on Page A- J of this specifica- tion and State and local regulations, ---------- --_..~--~----- A.3 The generating plant shall have the following minimum rating and shall sequentially st.art and run the listed electJicalloads for thc duration of thc nonnaJ power outage: -, --..- "---.,.-,---.- --~._--- -._-.- ] :'i TECHNICAL SPECIFICA TIONS CONTINUES Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 ITEM. SPECIFICA TION VARIATION Lift Station 26 - 120/240 volt 3 phase, 100 AMP main line breaker system with a 100 Amp Transfer Switch, Must be able to run two (2) 7,5 Hp and two *disconnect switches. Lift Station 13- 120/240 volt 3 phase, 100 Amp main line breaker system with a 100 AMP Transfer Switch, Must be able to run two (2) * 3 Hp, And two disconnect switches. Lift Station 14- 120/240 volt3 phase, 100 Amp main line breaker system with a 100 AMP Transfer Switch, Must be able to run two (2) * 3 Hp, And two disconnect switches, B, Diesel Engine: The engine shall be a four (4) cycle engine, water cooled, having no less than four (4) cylinders with a minimum brake horsepower rating of 1,5 HP IKW in an ambient temperature of 1250 F and at 2,000 feet altitude, with a rotating speed not exceeding 1,800 RPM, designed to operate on #2 diesel fuel. c. Governor: Engine shall be equipped with a governor to maintain frequency regulation within 3% (plus or minus 1.8 hertz) from no 19ad to full load. The frequency at any constant load, including no load, shall remain within a steady state band width of 0,25% of rated frequency. The governor shall not permit fi-equency modulation (defined as the number of times per second that the fre- quency vaIies fi'oill the average frequency in cyclic manner) to exceed one (1) cycle per second. Govemor shall be a hydraulic or electronic type. . * Note - These motors will not start at the same time~ but both of the motors wm run at the same time. 1(, TECHNICAL SPECIFICA TIONS CONTINUES Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 ITEM SPECIFICA TION VARIATION D, Generator: D, 1 The generator shall be oftype specially designed for induction motor starting, It shall be capable with its prime mover of starting and running continuously, for the dura- tion of a normal power outage, The voltage drop under starting conditions specified shall be such as to maintain, without impairment, all plant operations functions, D,2 D.3 The generator shall be four pole, brushless, 12 lead reconnectable of drip-proof construction with amortisseur windings, Insulation shall be Class F with epoxy varnish. Generator field current shall be con- trolled by a rotating thyrist or bridge module optically coupled to a firing circuit type voltage regulator. The exciter shall be 24 pole pennanent magnet type. Generators controlled by wound field exciters will not be accepted unless they meet the follow- ing perfonnance. Generator shall be cOlmected for] 20/240 volt AC, 60 hertz, three-phase, four-wire service. Voltage regulator shall be a solid- state, fi-equency compensated type with +2% or rate voltage, from no load to rated load, Voltage adjust- ment range shall be plus or minus 5% of rated voltage. J7 TECHNICAL SPECIFICATIONS CONTINUES Thr-ee (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches 'One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 ITEM SPECIFICA TION E. Fuel System: System shall have a fuel filter with replaceable element conveniently lo- cated in one accessible housing ahead of injection pump so that fuel has been thoroughly filtered before it reaches the pump, Fuel filter elements will be of the replaceable type that may be easily re- moved without breaking any fuel line connections or disturbing the fuel pump, Engine shall be equipped with a gear type, engine driven, fuel transfer pump capable of lifting fuel 15 feet, for supplying fuel through filters to the injection pump at constant pressure, A complete system with lines, transfer pump, injectors and flexible fuel lines shall be furnished. ]F, Lubrication System: Engine shall be equip- ped with a pressure lubrication system supplying a continuous flow of lubricant, under pressure, to all moving parts, Pistons will be spray cooled. Circulation shall be by means of a positive displace- ment pump, gear type. The lubrication system shall include full-flow filters and series connected oil cooler of sufficient size to properly cool all lubricating oil circulated, Filter systems shall be equipped with a spring-loaded bypass valve as an insurance against stoppage of lubric~ting oil circulation in event the filters become clogged, A 15 second time delay on low oil pressure shall be provided for staJting, but shall not cause a delay on shutdown, Equipped with a low oil pressure cut off switch wired to the safety shutdown system of the unit. F. ] The engi.ne shall be equipped with piping and gate valves as required to drain the crankcase oil. Piping shall be routed so the oil may be drained lR VARIATION TECHNICAL SPECIFICA TJONS CONTINUES Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 ITEM SPECIFICA TION VARIATION without the connection of hose or piping by the Owner. Valve shall be located inside enclosure, F,2 The generator shall be set on an elevated pad of sufficient height (minimum 6") above the surrounding floor or grade to allow the oil to be drained into container supplied with generator. G. Cooling System: The generating plant shall be equipped with a unit-mounted cooling system to maintain the engine at recommend- ed temperature level when the generating plant is delivering full-rated load in an am- bient temperature of1250F, G.l The cooling system shall consist of a radiator, pusher fan, fan shroud, fan and core guards, surge tank:, engine driving centrifugal type water circulating pump, filler and cap. The cooling system shall be designed and engineered to be a functional unit capable of operating with a 50% ethylene glycol and 50% water solution. G.2 Cooling system shall be winterized for operation in temperature to 00 F, G.3 Radiator shall be equipped with a low level coolant float switch and wired to the safety shutdown system of the unit. H. Base: The generating plant shalI be mounted on a common structural steel, skid type ba.se designed to maintain proper alignment of components Suitable vibration isolators shall be firmished which, when insta.lIed ]9 TECHNICAL SPECIFlCA TIONS CONTINUES Three (3) New and Latest Model Generators witb Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 TEM SPECIFICA nON VARIA TION between the engine generator skid and mounting surface, will permit only 5% of the unit's vibration to be transmitted, The vibration isolators shall be securely mounted on the mounting surface. 1. Engine Generator Controls: The panel shall be a solid-state, microprocessor-based engine control module shock mounted on the generator in a gasketed NEMAl/IP 22 enclosure, The panel shall have digital LCD back lighted display indicating the following: Engine RPM; Battery DC volts; Coolant temperature; Lube oil pressure; Generator set operating hours; System diagnostic codes (for troubleshooting); Ll Diagnostic codes for the following conditions shall be provided: Loss of magnetic speed pickup signal; Loss ofDSU signal; Loss of programmed settings (j.e, cycle crank, cooldown timers etc)' , ., Invalid engine control switch signal; Shutdown not control originated (i.e, fuel deprivation); Module internal fault. 1.2 Automatic/manu a] stan-stop controls witb tbe following safety shutdovms with LED indicators shall be provided: Overspeed; Low lube oil pressure, two-stat e protection for Jaw idle/high idle; 20 TECHNICAL SPECIFICATIONS CONTINUES Three (3) New and Latest Model Generators with Aut.omatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 ITEM SPECIFICA TION VARIA TION High coolant temperature; Overcrank; Safety shutdown for all system diagnostic codes above; Loss of engine coolant; Emergency stop, I.3 Control panel shall have cooldown timer (adjustable 0-30 minutes); four position engine control switch; LED indication and LCD display test switch; voltage adjust potentionmeter + 10% -25% range; four position amp meter/voltmeter phase selector switc~ three current transformer and solid state, microprocessor-based digital AC metering module displaying AC volts, AC amps and frequency, I. 4 Generator shall have annunciator for generator faults, low coolant temper- ature' battery charger fault, low fuel in storage tank and fuel leak detected. Annunciator shall be mounted on generator set control system. Annunciator shall have interlock with telemetry system for trouble, generator running and generator on line conditions, D, Engine Instruments: Engine instruments shall include water temperature, lubricating oil pressure, lubricating oil temperature, battery volt meter, engine lapse runtime meter, tachometer and fuel pressure gauges, E, Generator Circuit Breaker: Generator circuit breaker shall be a molded case thermal- magnetic type housed in a gasketed NEMA 4X enclosure i[thls is exposed to weather. Circuit breaker shall be a 3 pole 600 volt rated as indicated on the drai7ings, 2J TECHNICAL SPECJFICA TIONS CONTINUES Three (3) New and Lat.est Mode) Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 ITEM SPECIFICA TION VARIATION F. The Disconnect shall be inside a Nema 4X Enclosure if exposed to weather. WEATHERPROOF ENCLOSURE SKID- MOUNTED: A. The complete engine-generator set shall be enclosed in a modular weather proof enclosure, The enclosure shall be constructed with removable side and end panels. These panels shall be made out of 12 gauge steel. The unit shall have continuous hinged side doors and at the control end. It shall be equipped with key locks for ease of engine maintenance and a three point latch system. There shall be expanded metal grating or radiator core guard in front for the radiator grill and fixed punched louvered air intake ports on the enclosure sides and rear for proper air circulation within the housing. The complete generator set and housing shall be prime painted and have two finish coats of protective enanlel paint Provide lifting eyes and spreader bar reinforcement for crane unloading. B. The generator breaker, generator control panel, 120/240 V AC distribution panelboard, batteries, battery charger, and accesSOlies shall be mounted in the enclosure, Control wire connection between statiing and safety circuits shall be precOlmected before the engine-generator set is delivered. Provisions shall be made for mounting batteries and rack inside the enclosure, Thermostatically controlled exhaust fan for enclosure and space heaters for the generator and enclosure shall be provided, The distribution panelboard shall supply power to the jacket water heater, battery charger, exhaus1 fan, space heaters, etc. Enclosurers for electrical equipment shall be NEMA 4X, ifit's exposed 10 weather. ____ 22 TECHNICAL SPECIFICA TIONS CONTINUES Thlt'ee (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 ITEM SPECIFICA TION VARIA TION C. The engine oil and radiator drain lines shall be brought to the outside of the enclosure, A globe type shut offvalve shall be installed in each drain line inside the enclosure for security. D. An exhaust silencer as specified shall be mounted on top of the unit. It shall be secured in position at no less than 4 points. The silencer shall be supported by an angle iron cradle welded to the silencer and bolted to the angle iron roof support members mounted inside the roof of the enclosure, The silencer shall be of the side inlet type. The exhaust side of the silencer shall have a length of black iron pipe extending beyond the radiator end of the enclosure by mini- mum of 10 inches and cut back on a 45 degree angle, The intake of the silencer shall connect to the flexible exhaust con- nection by black iron pipe. Route exhaust pipe to penetrate enclosure roof through a metal thimble. Flasb penetration area to be weatherproof. Size as required by engine manufacturer. The flexible exhaust con- nection as specified shall mount directly on exhaust manifold and shall be mounted so that no weight is exerted on the manifold at any time. E. Exhaust System: Fumish and install accord- ing to manufacturer's recommendations, silencer, wall thimbles, st.ainless steel flexible exhaust connections a minimum of eighteen (18") inches long, flanges, hangers and suppOJ1s, pipe and fittings, and insulation as specified herein or as indicated on drawings to provide a com- plete and operable exhaust system, The silencer shall be mounted so that the engine shall not be supporting it.s weight nor will them1al expansion be imposed on the engine, TECHNICAL SPECIFICATIONS CONTINUES Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Gener'ator And One After Transfers Switch BID NO.: 05-28537-001 ITEM SPECIFICA TJON VARIATION E.I Silencer shall be Maxim M-41 with flexible connection at engine. Silencer shall have bolted flange connections. E. 2 Piping shall be seamless steel con- forming to ASTM AS3, Grade B, schedule 40 black steel. Exhaust pipe shall be painted with high temperature paint. Exhaust pipe shall be fitted with a ninety (900) degree tail piece and stainless steel weather cap. Fittings shall be seam- less, black, standard weight, butt- weld type. FUEL OIL STORAGE SYSTEM: A. Provide a fuel oil storage system consisting of an in-base tank, piping, fuel oil level gauge and miscellaneous appurtenances necessary for a complete and working installation as specified herein. B. In-base Fuel Storage Tank: The in-base fuel tank shall be of double wall construction and shall have an interstitial leak detection system wired to the generator control panel. The tank shall be provided by the standby gen- erator set manufacturer and shall serve as a mounting base for the generator set. The tank shall contain structural steel members sufficient to support the generator, enclosure, exhaust system and other related equipment. The base tank bottom shall be a minimum of 1/4-inch plate. Tank shall be 12" to J8tl high. The tank shall have lifting eyes for four point lifting. The tank length and width shall be as required to provide a minimum of 200 gallon capacity. Tank shall have low fuel level con- tact set a1 28% full, fuel level gauge, lockable fill cap, and vent pipe which shall be installed 24 TECHNICAL SPECIFICATIONS CONTINUES Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disr..onnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 ITEM SPECIFICA TION VARIA TION through the enclosure roof. The base tank shall be pressure tested at 15 psi, cleaned of rust, oil, and welding slag, and primed for painting. Two coats of high quality enamel paint shall be applied over the primer. The tank interior shall not be coated. The lock- able tank fill cap shall be located e>..'ternal to the generator enclosure. The tank shall be provided full with fuel. The tank shall be in complete compliance with UL 142 and shall be labeled as such. Provide tank accessories as specified in D on page A- 1 O. C. Fuel Oil Piping: Furnish and install fuel piping systems including vent lines, fill lines, suction lines, return lines, gauge lines and sounding lines as required to provide a complete and working diesel fuel piping system. Piping shall be black stee~ Schedule 40, conforming to ASTM A53 specification for Welded and Seamless Steel Pipe. Fittings shall be malleable iron screwed fittings confoITuing to ASTM B 16.3 specifications. Pipe and fittings shall be coated and wrapped with tar material as per NFP A No. 30, 31 and 37 when installed below grade. A horizontal swing check valve, gate valve, and fuel oil strainer shall be provide in the suction line. Hand-operated shut-off valve will not be penl1itted in the fuel oil retUD1 line. All valves shall be Crane, Jenkins, Walworth or equal, designed for 125 lbs. working pressure. D. Fuel Tank and Pipe Accessories: Provide the following accessories for a complete installation. 25 TECHNICAL SPECIFICA nONS CONTINUES Thlree (3) New and Latest MGdel Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 ITEM SPECIFICA TION VARIATION D. ] Valves: All valves shall be designed for 125 lbs. working pressure. Out- let and drain valves for aboveground tank: shall be a 2-inch steel ball valves. Plug outlet of drain valve. Acceptable: Crane, Jenkins, Walworth, or approved equal. D.2 Fill Adapter: Provide 4-inch fill pipe adaptor with lockable cap. Acceptable: OPW No. 633 - T -4-inch with OPW No.634-TT - 4- inch, or equal.. D.3 Vent Cap: Provide vent cap with 40 mesh brass screen and drain spouts. Size shall be 2-inch, minimum. Acceptable: OPW No. 23 or approved equal.. E. Fuel Oil Level Gauge: Provide as specified herein a fully automatic liquid level gauge for the generator in-base fuel tank. Gauge shall be temperature compensated, balanced hy- draulic type, providing continuous automatic indication in gallons on a circular dial. Gauge shall be as manufactured by Hersey Products, Inc., or equal. Gauge shall be located for ease of observation. E.I Liquid level gauge shall be supplied with a set of contacts to give indication of a low fuel level. Set point shall be adjustable. Contacts shall be con- nected to the generator annunciator. SYSTEM OPERATION: A The generating plant shall automatically start upon a signal from the automatic transfer switch. B. After the transfer switch has transferred back to normal, the generatlng plant shall be allowed to operate at no load for an adjustable time period of2 to 30 minutes to allow it to cool before shutdown. 26 ECHNICAL SPECIFICATIONS CONTINUES test Model Generat.or's with Aut.omat.ic Transfer Switcb and Tw-- itches One Before Generator And One Aft.er Transfers Swit.ch BID NO.: 05-28537-001 0(2) SPECIFICA TION VARIATI~ N WN: All emergency shutdown shall be installed on the weatherproof enclosure. When the push- down is activated, the engine-generator set shall be shut down. A. Prior to acceptance, any defects which becorpe evident during this test shall be corrected at no expense to the Owner. B. The services of a factory trained service engineer who is specifically trained on the type of equipment herein specified shall be provided to fully inspect the installation, calibrate the equipment and supervise testing. C. Upon completion of testulg the services of the above engineer shall be provided for instruction of the Owner's operating and maintenance personnel. The in- structions shall include operating and maintenance procedures specifically written for the equipment installed and not generally written to cover all options available. The Owner shall release the services of the service engineer once they are completely sa.tisfied with the instructions. D. The transfer switch shall be operationally tested as pali of the complete system to veJi(l' satisfactory operation under the worse case conditions 10 be provided by the electrical system r, " BID FORM Three (3) New and Latest Model Generators with Automat.ic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers Switch BID NO.: 05-28537-001 Katolight Model: D25FJJ4T2 & D40FJJ4T2 a.ke: ree ij3) New and Latest. Model Generators with Itomatic Transfer Switch and Two (2) Disconnects 'itches One Before Gener.ator And One After ansfers Switch. TotaJ Price $ 63,507.00 0.00 Discount $ Total Base Bid $ 63,507.00 tal Uase In Words: Sixty-three thousand five hundred seven dollars. ~LlVERY DATE: e!) Calendar Days from receipt of bid award. ECIAL NOTE: Outside of bid envelope l\fUST be marked "Sealed Bid for Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2) Disconnects Switches One Before Generator And One After Transfers S'Witch, in order for the to be accepted. Bid wiu be awarded based on the best combination of price and delivef)7 for either alternative. Also to be included is the bid opening day, time and date. CJ's Sales and Service 132 NE 17th PL OCala, FL 34470 me of Company Address Steve Parker ,me OfRepres~~te J I -4~ ;nature of Representative General Manager PositiOJ) with Firm (352) 732-0271 Phone Number 11(:'. n S'WORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMJNlSTER OATHS. 1. This swom statement is subrnitted to City of Plant CIty by steve Parker, General Manager [print individual's name and title] [pJ-int name of the public entity] for CJ's Sales and Service [pJ"int name of entity submitting sworn statement] whose business address is 132 NE 17th PL Ocala, FL 34470 and (if applicable) its Federal Employer Identification Number (FEW) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 59-2488285 .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(l)(g), Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion., racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or infonnatioD after July 1, 1989, as a result of a jury verdict, nOI~iury trial, or entry df a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287. ] 33(1 )(a), Florida Statutes, means: ] . A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural persOIl who is active in the management of the entity and \).,'bo has been convicted of a public entit:v' crime. The term "affiliate" includes those officers, directors, executives, p3J1"ners, shareholders, employees:, members, and agents wbo are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreCJllcnt, shaJJ be a prima facie case that one person controls another person. A person who knmvingly enters into a joint venture with a person who has been convic1ed of a public entity crime in Florida dming the preceding :i6 months sha.11 be considered an afllliatc. 29 5. I understand that a "person" as defined in Paragraph 287.] 33(1 )(e), Florida Statutes, means any natural person or entity organized under the Jaws of any state or of the United States wit.h the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services Jet by a public entity, or which otherwise transacts or applies to transa.ct business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] x Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crUDe subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate oftbe entity has been charged with and convicted ofa public entity crime subsequent to July I, 1989. Tbe entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, sbareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged "With and convicted ofa public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submit ting this sworn statement on the convicted vendor list. [attach a copy of the final orderJ 29. ] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THA T PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WIDCH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMA TION CONTAINED fNZ~ [signature] Sworn to and subscribed before me tllls of , 19 Personally known OR Produced identification Notary Public - State of (Type of identification) My commission expires (Printed type or stamped commissioned name of notary public) Form PUR 7068 (Rev 06/18/92) ')0 ') ":"".0'.......- ADDENDUM NO.2 FOR Three (3 New and Latest Model Generators with Automatic Transfer Switcb and Two (2) Disconnects Switches One Before Generator and One After Transfer Switch Bid No. 05-28537-001 DATE: December 7, 2004 NOTE: Bid opening date bas been changed to December 16, 2004 @ 2:15 p.m. A-2 (12-07-04) Standard Features Engine Features: . Radiator cooled (500 C) . Starter and alternator . Oil pump and filter . Air cleaner . Mechanical governor 3-5% - standard up to 230 kW diesel . Isochronous governor - 250 kW diesel and higher - standard on all gaseous models Digital Controller Features: . Microprocessor based, digital read-out control system . Unit-mounted . Engine generator parameters monitored by LCD - oil pressure - running time - engine temperature - safety shutdowns: HWT, OC, OS, OP, LWL - battery voltage - generator AC voltage - AC amperage - frequency . Continuous displays - oil pressure - engine temperature - battery voltage - low fuel level Generator Features: . Brushless single bearing, direct coupled . Automatic voltage regulator - over-excitation protection - under-frequency compensation . Available voltages - 120/240 1 phase, 12 wire - 120/208 3 phase, 12 wire - 120/240 3 phase, 12 wire - 277/480 3 phase, 12 wire ....~ Additional Standard Features: . Oil drain extension . Flexible fuel connector . Battery . Battery charger, mounted and wired . Battery cables . Vibration isolation pads . Jacket water heater: -200F, mounted and wired . Mainline circuit breaker, mounted and wired . Muffler, mounted and insulated . Two year warranty Optional Features: . UL 142 sub-base fuel tank with electrical stub-up area . Weather Proof enclosure - sound attenuation - 1W' foam - sound scoops . Crystal Quiet enclosure . Extended warranty . Remote annunciator . Isochronous governor . UL 2200 listed . PMG . Dual fuel NG/LPG with automatic changeover . Emergency stop pushbutton ~) ~ Standard Product Series Katolight recognized and responded to a market need-and created the Standard Product (SP) Series engine generator offering the same ancillary items as the CP Series with the option of limited accessories. The SP Series offers: . Consistent, pre-configured, pre-engineered engine generator set . Quick delivery . Extended size range - up to 400 kW diesel - up to 130 kW natural gas/LP . Ease of installation - silencer mounted plumbed and insulated - water jacket heater mounted plumbed, and pre-wired to a terminal strip - battery charger mounted and pre-wired to a terminal strip - on gaseous units, fuel inlet, along with the flow control valve (regulator) and solenoid valve, are plumbed to the outside of the base . Quality-priced economically . Available with UL 2200 and CSA labels . Meets NFPA 110 . Low profile/reduced size is aesthetically pleasing . Upsized alternators are standard on most models resulting in excellent motor starting capabilities, low voltage dips and reduced harmonics The Katolight SP Series offers our customers a reliable and dependable power solution at an affordable price. Shawn with . oPtional Crystal Q . Ulet Enclosure Our generators are specially designed to ensure the lowest possible hannonic distortion, making them ideal for delivering quality power to hospitals, retail facilities, offices and many other locations. Katolight Generators... POWER SOLUTIONS FOR THE RIGHT MOMENT ENGINE FEATURES . Radiator Cooled . Starter and alternator . Oil pump and filter . Air cleaner . Mechanical governor -3-5% -;ITAL CONTROLLER ATURES . Microprocessor based, digital read-out control system . Unit-mounted . Engine vitals monitored by LCD display: -Oil pressure - Running time - Engine temperature -Safety shutdowns: -HWI', OC, OS, OP, LWL - Battery voltage -Generator AC voltage -AC amperage "'-_ I-~::"'---C '-t,3. - Frequency . Continuous displays: -Oil pressure - Engine temperature - Battery voltage - Low fuel level GENERATOR FEATURES . Brushless single bearing . Automatic voltage regulator: -Over-excitation protection - Under-frequency compensation . Available voltages: -120/240 1 0 12 wire -120/20830 12 wire -120/2403012 wire -277/480 3 0 12 wire ADDITIONAL FEATURES . Oil drain extension . Flexible fuel connector 'C' ~-TI~-:: r -- '-, i'i "C,1..''''.'~''=-==;cc ,'jtS; ~~~~ldl~.r~:~.-~~;~~ '~ ~ir ~ ~ !5'$ ~-/ \ ~~"1 ! . ~-- ~_"J ~t1? -, _."~ i ,:__~,'o-~i . -::--"," -~ < -~-- .. ~ ~'::;=:\-, ~ . Battery: 12 volt with rack . Battery charger: 12 volt 6 amp . Battery cables . Vibration isolation pads . Jacket water heater: -200F . Mainline circuit breaker . Muffler OPTIONAL FEATURES . Sub-base fuel tank with electrical stub-up area . Weatherproof or Crystal Quiet enclosure . PMG . Sound attenuation . -1112" foam . -Sound scoops . Remote annunciator . Isochronous governor . UL2200 Listed I-----~--_...- - · ;,;:/n~'< :\'~~;'-iJ~ :... ..:.... ,...... '':.'' ,.',' .. ';.".' ~".- ~~.:;;,y' .. .. - -- ~~~Z____~ ,~ ] 100 Power Drive, Mankato, MN, 56001, Phone: 800-325-5450, Fax: 507-625-2968, www.katolight.com ~ DIESEL MODELS 15JtW: :; ... . .,4QkW:r2/';/HS,i 5030TF270 4 C cle Turbochar ed - Water to Air 51nline 186 3.05 3.4 (8.6)X 4.1 (]0.5) 20.5:1 ]800 189 (1,303) 80(60 DSP J 5406010704 KATOLIGHT CORPORATION STANDBY LIMITED WARRANTY "FIVE YEAR 1500 HOURS" Your Katolight Product has been manufactured and inspected with care by experienced craftspeople. If you are the original consumer, Katolight Corporation warrants, for the period indicated below, each product to be free from defects in materials and workmanship. Repair, replacement or appropriate adjustment at Katolight Corporation's option will be furnished if the product, upon Katolight Corporation's inspection, is properly installed, maintained and operated in accordance with Katolight Corporation instruction manuals. This warranty does not apply to malfunctions caused by damage, unreasonable use, misuse, repair or service by unauthorized persons, or normal wear and tear. KATOUGHT PRODUCT PERIOD OF WARRANTY: Engine Generator Set: Parts for five (5) years including labor for the first two (2) years or j500 hours from the date of invoice by factory. Accessories: Parts and labor for one (1) year from date of invoice from factory. Transfer switches: If purchased with a generator set: Parts and labor for two (2) years from date of invoice by factory. The warranty period can be adtusted to the date of start up if completed within twelve (12) months of invoice date. A valid warranty requires that: (1) the Katolight start-up validation form must be completed, returned with in 30 days of start-up date and on file at Katolight Corporation. (2) the engine registration form must be completed and returned to manufacturer as stated in the instructions with registration form. And (3) all supporting maintenance records must be kept on file with the end user and made available upon request from factory. The generator set must be routinely exercised in accordance with operating instructions. Engine generator sets that are stored longer than six (6) months (180 days) from date of shipment are subjected to special requirements. Contact Katolight's Factory Service Center for instructions For a description of accessories and exclusions from this limited warranty, review the listings on the reverse side of this document. TO OBTAIN WARRANTY SERVICE: Contact your nearest Katolight Service Representative. For assistance in locating your nearest authorized service representative, contact Katolight Corporation, Attention: Service Department. (See contact information below.) Warranty service may only be performed by Katolight authorized service providers. Service performed by unauthorized persons will void all warranties. Katolight shall not be liable for any claim greater in amount than the purchase price of the product, in respect of which such claim is made, and in no event shall Katolight be liable for any special, indirect or consequential damages. THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE DESCRIBED HEREIN. NO WARRANTIES SHAll BE IMPUED OR OTHERWISE CREATED UNDER THE UNIFORM COMMEROAl CODE, INCLUDING BUT NOT UMITED TO A WARRANTY OF MERCHANTABIlfTY, AND A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. State laws regarding rights of consumers may vary from state to state. KATOUGHT CORPORATION 100 Power Drive I PO Box 3229 Mankato, MN 56002-3229 Phone: (507) 625-7973 IFax: (507) 625-2247 www.Katolight.com 1. The following items are among those that are not considered nor will they be covered under the existing warranty program. a. Battery or Batteries of any type or kind. The Battery Manufacturer warranty applies to these only. Any warranty for such, should be handled with the manufacturer's local distributor according to their policies. b. Adjustments to fuel systems or governor system at time of start up or any time after. This is acceptable only when a defective part has been replaced, returned to the factory and approved as defective. c. Normal maintenance costs: adjustments, loose/leaking fittings or clamps, and tune-ups performed during start up or anytime thereafter. d. Due to shipping, manufacture is not responsible for loose connections. All connections must be checked at time of start-up. e. Non-Katolight replacement part(s) will void the entire limited warranty. f. Products that are modified in any form without the written consent of Katolight will void the entire limited warranty. g. Shipping damage of any type. All equipment is shipped F.O.8. factory and is consigned to the carrier once loaded for shipment. It is the responsibility of the receiver to sign and note any damage to the equipment and a freight damage claim filed by the receiver. h. Any installation errors or damage of the equipment when shipped as ordered. i. Any overtime travel or labor to make repairs under warranty. j. Any special access fees required to gain access to Katolight equipment not limited to but including any training or safety policy requirements to gain access. k. Additional costs associated with inaccessible installations, including removal and reinstallation of the generator set. I. Rental equipment used during warranty work such as Generators, rigging equipment such as a crane or boom truck, load banks and special testing above factory requirements, etc. m. Excess mileage charges. Any authorized service provider may perform warranty service anywhere, but will only be paid travel from the nearest service center and limited to 400 miles round trip. n. Any equipment not factory approved and engineered for use on Katolight products. This includes but is not limited to after market items such as special fuel systems, enclosures, exhaust systems, or switch gear that had been sought out and quoted by a third party to be included in billing of the Katolight equipment. o. Misuse or abuse including installation and thereafter. p. Normal wear and tear, maintenance and consumable items that are not required as part of a warranty repair. Consumable items include but are not limited to belts, hoses, coolant, oil, filters, and fuses. q. Acts of nature such as lightning, wind, flood, or earthquake. r. Any damage due to situations beyond the control of the manufacturing of the product or workmanship of the product. s. Installation or operation outside the guidelines as stated in the Installation Guide and Owners Manual. t. Diesel engine "Wet Stacking" due to lightly loaded diesel engines. u. Misapplication of the equipment such as usage outside the original design parameters as stated on the nameplate of the equipment. v. Travel expense on portable equipment. w. Trailer lights, wiring and brakes. x. More than one trip to job-site because Service Vehicle was not stocked with normal service parts. y. Lodging expense of person(s) performing service unless approved in advance by factory. z. Engine fluids. aa. Units purchased at the Standby Power rating that are being used in a prime power application. bb. Any repair labor time that is determined to be excessive, e.g., two or more people performing a one-person job. cc. Any expenses associated with investigating performance complaints in which no defect is found. dd. Any associated costs for replacing components that are found not to be defective. ee. Any adjustments covered in the start-up and inspection forms that are to be completed during start-up. 2. The aforementioned is a representation of things not covered by the "UMITED WARRANTYn. If there are questions as to warranty coverage it is advisable to contact the factory in advance of filing a claim. 3. The accessories that are limited to one (1) year parts and labor include but are not limited to: a. Battery Chargers b. Water Heaters c. load Banks d. Tap changing switches e. Circuit breakers f. Day tank pumps and controls g. Hand priming pumps h. Oil leveler systems i. Strip heaters j. Gas solenoid valves k. Gas flex pipes I. Cords, receptacles and cord reels m. Housing lights, space heaters and associated equipment. Rev: 20031021 History A History of Meeting Industry's Need For Power Since 1952, Katolight generator sets have been helping customers meet their need for reliable power for a myriad of applications including communications, hospitals, government and agricultural confined livestock and greenhouse operations. Katolight began its dependable power story by serving agribusinesses in the heart of the Midwest farm belt. Today, Katolight generator sets can be found in thousands of places around the world, such as the National Institute of Health in Washington, D.C., the Beijing Newspaper in China, Telesat-Satellite Communications in Macau, Bonneville Power Authority of Oregon and Washington. Katolight generator sets also power hospitals, factories, government and agricultural installations across the United States. Katolight provides generator sets that meet the growing demands of many varied and diverse market segments. Katolight's technical knowledge in the field of power generation has led to the development of diesel and gaseous powered generator sets used around the world. The widespread acceptance of Katolight equipment reflects the company's reputation for quality and reliability in design, manufacturing and service. Katolight places great value on the establishment of long-term relationships with its customers and distributors, which is evident in the company's superior level of technical support and our emphasis on customer service. Katolight has a great deal of successful experience in projects involving the development of generator sets to meet critical specifications. Much of this equipment has been produced to strict government performance and construction specifications. Katolight can design, produce and test engine generator sets to demanding quality and performance requirements. Katolight's product line uses liquid cooled diesel, natural gas and liquid petroleum gas engines in sets ranging in size from 15 kW to 2800 kW. Systems feature standard or special controls, as well as components and switchgear to meet specifications. Katolight generator sets are designed to satisfy utility or special purpose applications. Katolight currently operates out of over 110,000 square feet of manufacturing and office space with more than 160 employees and a national and international distribution network. Katolight customers continue to benefit directly from over 50 years of experience and flexibility. Contact Katolight's marketing department for a seven minute video about the company. Performance Assurance Certification The Performance Assurance Certification provided by Katolight Corporation certifies that each model and every production unit will reliably produce its rated output with all accessories with the selected fuel. Katolight Corporation's Performance Assurance Certification is the most complete and extensive testing in the engine generator industry. It has always been the standard test performance of Katolight Corporation. The Standard Unit Will Include: . Full load at rated PF and maximum load, to verify engine power, overload and maximum capability. . KVA, kilowatts, amperes, voltage. Frequency and voltage transients at one half and rated load. Frequency at: no load, full rated load and maximum output. . Regular range (adjust), phase sequence, phase voltage balance. . Stator and exciter field resistance. . Insulation test, generator field, exciter armature, exciter field, generator armature or stator. . Dielectric test, generator field, exciter armature, exciter field, generator armature or stator. . All safety shutdown and automatic controls. . Lube oil pressure (if applicable), water temperature (if applicable), battery charger (if applicable). . Jacket water heaters and/or lube oil starting aids. . Accessories (annunciator panel, chargers, pumps, transfer switches) as supplied. Standard test procedures are per MIL-STD-705 test methods. Katolight Corporation is capable of performing complete MIL-STD-705 testing for critical, precise power, government and military Application performance is certified by Katolight for every unit manufactured. Our company's philosophy and performance are regularly reviewed to ensure continuity of the program and conformance with national and other codes or regulations affecting generator systems such as: 3I1.1b 3a1. ".1_ .....~. _11) . ... .,' ..~>:.,-:,#;--,>\ _.le -- S1IL1o 511.1~ 511" 5f'~ 51 S 818.1 ~1o . NFPA 99-Health Care Facilities . NFPA 70-National Electrical Code . NFPA 110-Emergency and Standby Power Systems . State of Pennsylvania Department of Labor and Industry OS/24/2005 15:30 3527320225 CJS SALES AND SVCVID PAGE 01 132 NE 17th Place Ocala, FL 34470 PH (904) 260-1771 PH 800-877~1260 FX 352-732-0225 EMAIL carlost@cjsp.wer.com WEBSITE WWW.cJslI)wer.com Fax To: City of Boynton Beach, From: Carlos Torres Purchasing Department FaJl:: 561-742.6299 PaS": 2 Phonec Oats: 5/24105 Re: Generator "Piggy-Back" cc: o Urgem 0 For Rsviow 0 PleaslI eomlftont 0 Ploaso Rllply 0 PI__ R~y :'0 . Comments: Gentlemen, Please find attached a copy of our Liability Insurance per your request. If you require any further infonnation, please feel...... to contact us. Thanks! OS/24/2005 15:30 3527320225 CJS SALES AND SVCVID ACORD", CERTIFICATE OF LIABILITY INSURANCE I PIlOOl,lCER THIS CERTIFICATE IS ISSU~O AS A MATTER 0 Lassite~.Ware of Oe~la ONLY AND CONFERS NO RIGHTS UPON TH 2011 SW 20th plQQ9 HOLDER. THIS CERTIFICATE DOES NOT AMEI iI 101 ALTER THE COV~RAGE AFFORDED BY THE P< Oe.~4, ~ 34474-7023 INSURERS AFFORDING COVERA(; (352) 369-2500 fB5e' (3S2) 369-6916 -.. INSURI!D INSURER A, Mdi~Orl Insurance C~Bny l( CJ's aaloa ~ S.~iee of Oeala, Ino. 132 NE 17th P14~e INSURER B: FCCI OO..Ii1., PL 34470 INSURER C: 'w.". INSURER 0: I INSURER e: COVERAGES THe J)OL1CIE;S OF INSURANCE LISTED BEL.OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TH~ POliCY PERIOD INDICATEO. t ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OF! OTHEFl OOCUMENT WITH RESPECT TO WI-IlCH THIS C!:RT'~ICATE ~ MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CO POLICIES. AGGREGATE LIMITS SI-IO'IVN MAY HAVE SEEN REOUCEO av PAID CLAIMS, IIW TVF'!!! OF INSURANCE POLICY NUMBER. F'~.&~YI!PI'I!C:TM! POLICY IiXl'lRA1ION LIMIT ~""RAL LIABILITY 60Ce0726 :n/21/2004 11/:011/2005 EACH OCCURRENCE X ==rMEFlCIAL GENERAL LlABrLl'lY FIRE DAMAGE (Anyone Ore) - CLAIMS MADE [K] OCCUR I MIW EXP (Any one pureen) A , - I PERSONAL & ADV INJUAY - GENERALAC~REGATE - ~'L A<1lGRne 1.IMlT AF'n$ F'''F1: PRODUCTS - COMPIOP AGG X POLICY ~~.2;. LOC AUTOMOBILE LIABILITY 60080726 11/21/2004 11/21/2005 - COMBINED SINGLE LIMIT IX ANY AUTO lEa ac~nt) r---- A~ ALL OWNED AUTOS aoON. Y IN./I,IflV SOl mULED AUTOS (Par plnon) ~IRED AUTOS 00011. y INJU'lY r-'- ~ NON.QWNEO AUTOS (Par Dccldent) IX PIP ~OPERTY OA!ilA~ (Pnr oc.cldant) ~IlAGE llAlIlLlTY AUTO ONLY - EAACCIDENT ANY AUTO OTHER THAN EA ACC AUTO Of'll.Y: AGG I;XC"~~ LIABILITY G009072G U/:21/2004 11/21/2005 EACH OCCURRENCE ~'OCCUR [] CLAIMS MADE I AGGREGATE A I - I -....: DEDUCTIBLE X I RETENTION $ 10,000 WORKERll COMPENSATION AND 214S0 01/01/2005 01/01/2006 )( I~STATU-,I .I~la.: EMPLOYERS' LIABILITY I B E.L. IOACH ACCIDENT U, OIS5AS!; - EA EMPLOYEE, E.L. orSIOASE - POLICY LIMIT i OTHER DESCRIPTION OF OPERAllON8ILOCAT10NaNEHlCL~Il~lCcLIJSI(lNS ADPI;D lilY Jl;NDOltSe....",.,Sp..CIAI. "ROVI!ill~ CERTIFICATE HOLDER I I ADDITIONAL ItlSURED' INSURER lI!TTER: CANCELLATION SHOULD ANY OF THli AUOve l)lillC~I"'''O POLI(:I"8 Dr; CI'oNCELL~D 8 C!TY 0[1' 1l0Ylll'TON El:u.C1l DATE llUiRllOF, TH~ ISSUING INSURER WILL Jl;NDeA~ TO MAIl. l?tmCKJ.aI~Q DEPAR'1'HBN'l' ~OTIC15 TO THI!I CIIRTlFIC^ TIi HOLDllIt NAMIlD TO TH" UiiFT, llUT F II PO IBOX 310 ,-os.. ...0 OIll.,r.;IITIO'" Oil I.IA"'II.ITY OF IINY KINI;II,JPON 1HI; IN' RiPRESEHTA.TIVliS. BOYNTON ADCH, PL 334250nO AUTHORlZl!ll ~E~I!:~NT"'TIVE I (ax, (561) 74262!19 Lori R. RBII\ilton ACORD 25-8 (7197) PAGE 02 011 TI; (MNI/llD/VV) 5/24/05 INFORMATION CERTIFICATE J, EXTEND OR .ICIES BELOW. 24 )T\VITHSTANDING IV BE ISSUe:O OR JITIONS OF SUCH ,1.,000,000 . 100,000 , S,OOO ,1,000,000 ,2,000.000 ,2,000,000 ; 1,000,000 --- 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 'ORE TH~ Exl'1RA tlOtol o DAYS WRITTEH I,Jltl; TO 00 SO StlALL ~It. ITS A~~NTS ~ (iI ACORD CC :PORATION 1988 VI.-CONSENT AGENDA ITEM 8.6. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D June 7, 2005 May 16,2005 (Noon) [2J June 21, 2005 June 6, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D April 5, 2005 March 14,2005 (Noon.) D April 19, 2005 April 4, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D May 17,2005 May 2,2005 (Noon) NATURE OF AGENDA ITEM D [2J D D D D Administrative Consent Agenda Public Hearing Bids Announcement D D D D D Development Plans New Business Legal Unfinished Business Presentation '. ) :?:.~~ ~, " City Manager's Report c_ (-. l~) RECOMMENDATION: A motion to split award "TWO YEAR BID FOR AUTOMATIC TRANSMISSIoN:PAR:J;:]' AND REPAIRS", BID#039-1412-05/CJD to Florida Worldwide Transmissions, Inc. of Lake Worth, F~ida~~ Sun belt Hydraulics & Equipment of Delray Beach, Florida. :z-:_ '-j _.'Os. c, EXPLANATION: On May 18, 2005, Procurement Services received and tabulated five (5) proposals for ~ "T~ YEAR CONTRACT FOR AUTOMATIC TRANSMISSION PARTS & REPAIRS". The proposals )A1ve ~ reviewed and it was determined that the award should be made to Florida Worldwide Transmissions, In~filr ~ of City cars and light trucks and the award to be made to Sun belt Hydraulics & Equipment for the repair of medii!n and heavy Duty trucks. Both companies were the most responsive bidders who meet all specifications. Past performance with Florida Worldwide Transmission Parts & Repairs has shown that they do not have the equipment to lift our medium and heavy duty vehicles therefore the split award to Sunbelt Hydraulics Equipment. Tim Calhoun, Fleet Manager concurs with this recommendation (see attached memo #05-062). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. CONTRACT PERIOD JUNE 21, 2005 TO JUNE 20, 2007 PROGRAM IMP ACT: The purpose of this bid is to secure a source for the purchase of Transmission Parts and repairs that will give prompt and convenient service for our Fleet Service Department. FISCAL IMPACT: ACCOUNT#: 501-2516-519-46.31 ESTIMATED ~ENDlTURE: $25,000.Oi , -r~..e.____ City Manag 's Signature ~~ Assistant to ill Fmance Director Procurement Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Tim Calhoun - Fleet Manager File PUBLIC WORKS DEPARTMENT MEMORANDUM #05-062 SUBJ: Mary Munro, Assistant to Finance Director >") Tim Calhoun, Fleet Administrato~.' Contract Award for Automatic Transmission Parts & Repairs TO: FROM: DATE: June 2, 2005 We have reviewed the bidders that have submitted bids for the Automatic Transmission Parts & Repairs contract; we would like to award a purchase order to both vendors Florida World Wide Transmission and Sunbelt. Florida World Wide Transmission is qualified and should be awarded the purchase order to repair the City's cars and light trucks. SunbeIt is qualified and should be awarded a contract to repair the City's Medium and Heavy Duty trucks. We have based on decision on awarding SunbeIt the medium and heavy truck transmission because of the overhaul cost quoted in the bid and past experience has shown that Florida World Wide Transmission does not have the equipment to lift our medium and heavy duty vehicles. Our projected expenditures for this contract may be as high as $25,000, split $10,000 with Florida World Wide and $15,000 with Sunbelt. This is driven by the cost to repair the larger transmissions. The account we will be using is 501-2516-519-46-31. Please let me know if you have any questions regarding our recommendation above. 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III 0 :J 5: :J -< a. a 3' 0 o' 1ir .:J ~ iil VI.-CONSENT AGENDA ITEM B.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) [8J June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2,2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [8J Consent Agenda 0 New Business '..... ) AGENDA ITEM 0 Public Hearing 0 Legal .:J-l 0 0 Unfinished Business ~~-< Bids c_ -.< c:: c: .-l-r; 0 Announcement 0 Presentation .r;'t..._ 'J..,~ I e1:'-~) 0 City Manager's Report 0'" ,.-, ,'" --,~ J~ o '-=:;z RECOMMENDATION: Motion to approve the "SURPLUS VEHICLEfEQUlPMENT LIST" four (4)l.;{te~ submitted by Public Works/Fleet Maintenance and allow for the sale of same. (..., ()~ i"" ('") EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLEfEQUIPMENT LIST" four (4) itenif as submitted by Public Works/Fleet Maintenance Division (see attached Memos# 05-66). Utilizing the City of Boynton Beach disposal process for surplus vehicles will allow the vehicles/equipment to be auctioned and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission's review, evaluation and approval to sell the surplus property. PROGRAM IMP ACT: The disposal of surplus vehicles/equipment will provide inventory control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMPACT: The revenues generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund in the following account: Revenue Account No. 501-0000-365-01.00 Account Description Sale of Surplus Equipment ALTERNATIVES: Maintain the vehicles/equipment in inventories conceivably impact operations due to down time for repairs. FINANCE/PROCUREMENT Department Name that could ~~ ASSISTANT TO THE DIRECTOR OF FINANCE S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Jeff Livergood - Director of Public Works Tim Calhou - Fleet Manager File PUBLIC WORKS DEPARTMENT MEMORANDUM #05-66 t-.:" \.. ij.'~ '1;,.... r." I).' ~~.. u JUN (U 2005 j.l kO(';U~SERVICES TO: Mary Munro, Assistant to Finance Director SUBJ: Jeffrey Livergood, P.E., Director of Public Works -..::flv Chris Roberts, Deputy Director of Public Work@~ r ~ Tim Calhoun, Fleet Administratol, Surplus Equipment THRU: FROM: DATE: June 2, 2005 The resources listed in this memorandum are surplus. Each unit is scheduled to be replaced with a new, updated vehicle or are a fleet reduction. We request the approval of the City Commission to sell these excess resources through local auction or sealed bids when the new vehicles arrive. ID # Make Year Model Vin # Condition -- 120 Ford 1994 Ranger Pick Up 1 FTCR1 OA3RUC64157 Fleet Reduction 121 Ford 1994 Ranger Pick Up 1 FTCR1 OA5RUC64158 Fleet Reduction 4902 Ford 1999 Crown Victoria 2FAFP71W3XX182151 High Miles 8540 Rawh 2000 Landscape Trailer. 1 R9L T0618GR952687 Rusted Unsafe VI.-CONSENT AGENDA ITEM B.8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2,2005 (Noon) D July 19, 2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF ~ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: A motion to approve a "piggy-back" of the CITY OF PALM BAY, BID#23-0-2002/GG to Aquifer Maintenance and Performance Systems, Inc. of West Palm Beach, Florida, for Well Rehabilitation Services with an estimated annual expenditure of $300,000.00. C~) CJ ~.~ COI ::.:::; -< EXPLANATION: The City currently has twenty-seven (27) raw production wells in service that requ~ regtitar maintenance, repair and rehabilitation to maintain our water supply. City employees provide routine maiiKenari~:Th the wells, and outside contractors provide repair and rehabilitation services. The contract awarded ~ AqiU~ Maintenance and Performance Systems, Inc. enables the City to realize a 20% savings over our previous coIik~t with this same company. This contract was initially bid by the City of Palm Bay in 2002 with (4) renewa~ri~f 12 month each with an escalation clause of 2 Yz% for each year starting with the 2nd year, 1st renewal peri~ W~liJ!"e currently in the fourth year of an optional 5 year agreement. The Utilities Department began utilizing this tbntri'ilfflt January 2004 and has been successful in rehabilitation Wells 20E, 22E, 6E, 17E, 18E, t9E, 21E, 9E, 8E, 6\iC5~W, and HE. The Utilities Department has tOE, t2E, and 13E to complete and estimates are $75,000.00 per well ~ $15,000.00 per pump and motor. The department anticipates spending approximately $300,000.00 per year. In the recent past we went out to bid for Well Rehabilitation and possible well reconstruction (new wells at existing sites). The bids were over 1 million dollars. We have been successful in rehabilitation existing sites and saving over $.5 million. PROGRAM IMPACT: The twenty-seven (27) raw water production wells in service require continual repairs and maintenance by outside contractors. The scope of work includes: acidization, air scouring and development, screen and gravel replacement, pumps, motors, video surveying, etc. It is essential to have a contractor available to the City to perform these services, and this requested "piggy-back" would provide a contractor at a cost savings. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Funds are allocated in the FY2004/2005 Annual Budget as follows: Account Description: CIP-R&R Water Account Number: 405-5000-590-96-02 Amount: $300,000.00 FINANe ~ I P/20c&Y)EN'( Department Name ~~ AssIstant to e Fmance DIrector S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Barb Conboy - Manager Utilities Administration File MEMORANDUM Utilities #05-071 RECEIVED MAY 2' 2005 PRO\..l.JR~RVICES TO: Mary Munro Purchasing Agent FROM: Kofi Boateng i/ . _ j) ~ _ Director of Utilities ~ ~ :s- DATE: May 20, 2005 SUBJECT: Piggy-back City of Palm Bay Bid/Contract #23-2002 For Well Rehabilitation Services AGENDA ITEM - June 21,2005 The Utilities Department is requesting that the Procurement Division place on the June 21, 2005 Commission agenda approval to Piggy-back the City of Palm Bay Bid/Contract #23-2002. This piggy-back bid as a renewal statement that extends the contract until June 5, 2006. The Utilities Department began utilizing this contract January 2004 and has been successful in rehabilitating Wells 20E, 22E, 6E, l7E, l8E, 19E, 2lE, 9E 8E, 6W, 5W, 4W, and lIE is still underway. The Utilities Department also has 10E, l2E and 13E to complete and estimates are $75,000 per well and $15,000 per pump and motor. The department estimates spending approximately $300,000 per year. By utilizing this contract we are able to save money. In the recent past we went out to bid for Well Rehabilitation and possible well reconstruction (new wells at existing sites). The bids were over $1 million dollars. We have been successful in rehabilitating existing sites and saving over $.5 million. Attached please find the original bid/contract and the on-going amendments. Funds are available in the Renewal and Replacement account 405-5000-590-96-02, WTR075. Please place this on the June 21,2005 agenda for approval. c: John Reynolds Barb Conboy 05/19/2005 10:23 3219523401 CITY OF PALM BAY WELL AEHABITITATlON SERVICES Aquifer Maintenance & Performance Systems, Inc. (AMPS) Pricing effective 6/6/05 - 6/5106 I DESCRIPTION OF TASK UNIT UNIT CO~ Well Service Rig Per hour $193.84 Pump Service Rig Per ho'ur $129.23 Cement work or demolition Per hour $96.92 " Per hour $80.77 On Site Welding Unit Maohlne Shop Welding Per hour $70.01 PumpJWell technician Per hour $75.38 Down hole video surveys Per video $538.44 Chemical Treatment Per hour $242.31 Well abandonment Per hour $134.61 Mobilize, demobilize & cleanup Per well $376.91 Wellhead/pump removal, cleaning and reinstall Per well $1,507.65 Specific Capacity test, Before and after rehabilitation Per hour $129.23 Well Acidification/EPA Per well $1,723.03 Well Development and Redevelopment Per hour ' $129.23 J Chemical disinfection of well after rehabilitation Per hour $242.31 Pump Motor Retrieval Per hour $129.23 Miscellaneous work as needed, normal business hours Per hour $129.23 MiscellaneouS work as needed, non normal business Per hour $183.08 Chlorine Maintenance of Wells Per well $242.31 Flow Meter Maintenance and Calibration Per hour $102.32 Deep well Pump Maintenance Per hour $177.70 Well/Pump /Motor maintenance - Per hour $129.32 Quarterly well monitoring reports Per Report . $1,076.90 Raw water disposal Per hour $53.84 . Airlift well Per hour $129.32 Pump test Per hour $134.61 360 Degree Video -.. Per Video $969.20 Well Drill .~ Per Foot $34.46 City of Palm Bay Contract 1123-0-2002 PAGE 02 1 =l j j -l -l ~ 1-12-204 12:52PM FROM AMPS. INC. 15614942944 P.1 I I: I' r i' I, i I. I I I I i j, I i I !: i ! I i I I I I I i I AQUIFER MAINTENANCE AND PERFOR"ANC~ SYSTEMS 7146 HaverhiIl Road · West Palm Beach, FL 33407 · 56] -494-2844 January 12,2004 Ci ty of Bayman. Beach 5469 West Boynton Beach Blvd. Boynton Beach, FL 33437 Attn: Bob Kenyan R~ CITY OF PALM BAY CONTRACT #23-0-2002 Aquifer Maintenance & Performance Systems; Inc. (AMPS, Inc.) agrees to allow the City of Boynton Beach to piggyback our existing contr<lcl with the City of Palm Bay (contract #23-0~2002) with the same terms, conditions; specifi~ations & pricing. If you have any questions about the above information or if we may be of any further assistance please don't hesitate to call. Thank you. FOR YOUR TOTAL PUMP AND WELL FIELD NEEDS CITY OF PALMBAY FLORI DA 120 MALABAR ROAD SE, PALM BAY, FL 32907-3009 (321) 952-3400 INVITATION TO BID ITB #23-0-2002/GG Date: May 1, 2002 REQUESTING DEPARTMENT: City of Palm Bay Purchasing & Contracts Division 120 Malabar Rd., SE Palm Bay, FL 32907 YOU ARE INVITED TO BID PRICE AND DELIVERY ON THE FOLLOWING ITEM: WELL REHABILITION SERVICES SECTION 1 - BID INFORMATION 1.1 The City of Palm Bay (hereinafter referred to as "City") is requesting sealed bids for the purpose of obtaining Well Rehabilitation Services 1.2 BID DUE DATE &TIME: TUESDAY, May 21, 2002 AT 2:00 P.M. Bid packages shall be mailed or hand- delivered to thec.)ffice~f~urchasing & Contracts Divisf~~' located at the CITY HALL, 120 Malabar Road SE, Palm Bay, Florida 329:@-~, Room 123. Bids are to be teceived NO LATER THAN 2:00 P.M. Bids will b;:- opened at City Hall immediately after bid close. Bids received after the specified time and date will not be accepted. The City will not be responsible for mail delays, late or incorrect deliveries. The time/date stamp located in the Office of Purchasing & Contracts Division will be the official authority for determining late bids. 1.3 All bid sheets and required attachments must be executed and submitted in a sealed envelope. Bidder shall mark bid envelope, ITB# 23-0-2002/GG, Well Rehabilitation Services. Bidder's name and return address must be clearly identified on the outside of the envelope. 1.4 These documents constitute the complete set of terms and conditions, specification requirements, and bid forms. Any additional information should be attached to this bid format, or the bid may be disqualified. Bid Sheet(s) with an original signature, signed by an authorized company representative, must be submitted to validate the bid price. - Well rehabilitation Services ITB # 23-0-2002/GG 1.5 Bidder shall submit three (3) complete sets (one (1) original (marked "ORIGINAL"), and two (2) copies) of their bid, complete with all supporting documentation. Bids submitted by facsimile (fax) or electronically will NOT be accepted. Submittal of a bid in response to this Invitation to Bid constitutes an offer by the Bidder. Bids, which do not comply with these requirements, may be rejected at the option of the City. It is the bidders responsibility to insure that Bid submittals are in accordance with all addendums issued. Failure of any Bidder to receive any such addendum or interpretation shall not relieve such bidder from its terms and requirements. Addendums are available Online at htto://www.demandstar.com. 1.6 Bids not submitted on the enclosed Bid Form shall be rejected, unless stated otherwise in the bid documents. If a Bidder wishes not to submit a bid, complete and return the "NO BID RESPONSE" form on page 11. 1.7 A "Check Sheet" is provided, page 15, to assist Bidders in submitting the required documentation for bid consideration. The check sheet does not relieve bidders of the responsibility of reading, understanding, and submitting any documentation that may be required elsewhere within this bid document. 1.8 "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor List." 1.9 INDEMNIFICATION STATEMENT - By submitting a bid document signed by an authorized agent of the contractor, bidder acknowledges and accepts the terms and conditions of the following Indemnification Statement in the event of contract award: For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall indemnify, hold harmless and defend the City of Palm Bay, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal, which the City of Palm Bay, its officers, officials, agents, officials representatives or employees or any other person(s) or business entity(is) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent( s), vendors, subcontractor( s), representatives, servants, or employees in the execution, performance or non performance or failure to adequately perform cO:J.tractor's obligations pursuant to this contract. 1.10 DISCRJMINA TION STATEMENT: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on Jeases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.11 COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: The submission of this bid in response to the Invitation to Bid constitutes a contractual agreement, at the option of the awarded contractor, for the same prices, terms and conditions, to other governmental agencies, political subdivisions, counties and cities. Each governmental agency desiring to accept this bid shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and shall be liable only for materials ordered and received by it, and no agency, political subdivision, county, or city assumes any liabilities by the use of this bid. 2 Well rehabilitation Services ITB # 23-0-2002/GG 1.12 PROTBSTS: Any individual or fIrm who feels that they were adversely affected by the City of Palm Bay with respect to the award of any bid shall fIle, with the Purchasing Agent, a written notice of protest within seventy- two (72) hours after notice of consideration to award. The "Notice of Consideration To Award" for this bid shall be posted at least seventy-two (72) hours in advance of the award, on the bulletin board located in the main lobby of the City Hall building at 120 Malabar Road SE, Palm Bay, FL 32907. The City's procedures to resolve the protest are based on the City of Palm Bay Management Policy and Procedures, Section 22.7, City Purchasing, for Bid Protest Procedures. Copies of this document can be made available by contacting the Purchasing & Contracts Division. 1.13 RESPONDENT/RECOMMENDATION OF AWARD INFORMATION: The Notice of Award for BidslProposals, Bids/Proposals currently available, and Bid Tabulation sheets are Online. Web Page Address http://www.palmbavflorida.org, under the Purchasing Department and also at http://www.demandstar.com. Bidders, who do not have mtemet access, may request a copy of the bid tabulation by enclosing a stamped, self- addressed envelope with the bid response. SECTION 2 - SCOPE OF WORK 2.1 Production well rehabilitation is performed on an as needed basis. It is required that the Contractor contact the Water Treatment Plant for scheduling and site visits prior to starting work. 2.2 Scope of work for rehabilitation is to include: A. Mobilize and demobilize well and cleanup. B. Wellhead and pump removal, cleaning and reinstallation of existing or new. C. SpecifIc capacity test (with existing pump) before and after rehabilitation. D. Well acidifIcation - E.P.A./Well fIeld protection approved chemicals. Contractor must submit a list of all chemicals and the process's to be used, in addition to MSDS sheets. All chemicals used shall be in accordance with all Federal, State and local guidelines and used per EP A directions. Disposal of containers shall not be permitted on site and must be disposed of in accordance with EP A guidelines. E. Well development and redevelopment F. Disinfection of well after rehabilitation. Contractor shall provide procedures for acid and chemical treatment to the well for approval, prior to the work being performed. G. Pump/Motor Retrieval. H. A copy of any well rehabilitation down hole video taping (both pre and post well rehabilitation) shall be provided to owner after each well rehabilitation. I. An estimate of entire well rehab/project shall be submitted before an issuance of a purchase order. 2.3 Chlorine Maintenance will be performed on an individual basis as determined by the monthly trend data available at the time, or as determined by the water plant chief operator. The chlorine is to be injected under pressure down into the well. 2.4 Flow Meter maintenance and calibration shall be performed by the contractor as determined by the utility. If it is determined that meter calibration is off, meter maintenance will be performed as needed. Contractor shall send meter to the manufacturer for calibration prior to reinstall. 2.5 Deep Well Pumps at the Wastewater Plant shall be pulled, inspected and basket strainers cleaned on a semi- annual basis or as deemed necessary by the utility Maintenance Supervisor. 3 Well rehabilitation Services ITB # 23-0-2002/GG 2.6 Equipment - Equipment for RIO, well, and pump maintenance / emergencies shall be available within 24 hours oinotification of any problem as determined by Utility Maintenance Supervisor. 2.7 The Contractor will submit a copy of the original invoice for any material purchases. This will include but not be limited to pumps, motors, valves, piping, and any ancillary material needed to accomplish the task. 2.8 Contractor will assist with any well / pump / motor maintenance within the Utility facilities as determined by the Maintenance Supervisor. This will include pulling pumps such as V oc, Clear well, RIO, and High service pumps. The contractor will also assist in pulling motors as needed, and assist in troubleshooting various problems with the system. 2.9 Work completion - all well rehabilitation/maintenance work shall be completed within 30 days of the start of the rehabilitation purchase order issuance unless an emergency situation arises as determined by Water Plant Chief Operator or Maintenance Supervisor. All required work should be performed or discontinued at the determination of the Water plant Chief Operator or Maintenance Supervisor 2.10 A quarterly report will be generated for each well specifying and graphing GPM, draw downs, static and annual report will also be required to show entire well performance for each calendar year. 2.11 Contractor is responsible for all necessary warning signs to be posted at work site. Contractor will also be responsible for the proper storage of all materials and restoration of site prior to leaving project. Maintenance supervisor will need to sign off that the restoration has been completed to the satisfaction of the owner. 2.12 The Utilities Water Treatment Plant laboratory will run all bacterial samples. 2.13 Contractor must communicate with Supervisor at the Water Treatment Plant Maintenance before proj ect( s) begin to determine work schedule of each well. The contractor will also check in and out with the Maintenance Supervisor on a daily basis and provide a status report for the current projects 2.14 The City wishes to contract with a contractor that will be available to perform this work on an annual basis as needed. Schedule of Pricing list includes breakdown of each service required. Vendor is to submit unit price for each service and/or product. SECTION 3 - CONTRACT TERM 3.1 The initial contract period will begin as of the date on the Notice of Award and will continue for a twelve (12) month period thereafter. The contract agreement may be renewed for an additional four (4), twelve (12) month period, not to exceed a total of five (5) years and is contingent upon annual fimding availability. The ~tor will provide the percent of increase for items 1 through28 for year 2,3,4 and 5 on Bid sheet number 2. 3.2. This agreement may be terminated at any time by either party. A thirty (30) day written notice to the other party will be required. 3.3 The bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the items bid upon. Any deviation from specifications listed herein must be clearly indicated, otherwise it will be considered that items offered are in strict compliance with these specifications, The successful bidder will be held responsible therefore; deviations must be explained in detail on an attached sheet(s) and itemized by number. Any item(s) that does not meet City specifications upon delivery will not be accepted and if the item cannot be brought up to specifications in a 4 Well rehabilitation Services ITB # 23-0-2002/GG reasonable time, the bidder will be going to the neXt qualified bidder. required to compensate the City for the difference in price entailed in SECTION 4 - STANDARD OPERATING PROCEDURES (SOP'S) 4.1 The contractor shall provide SOPS for the following processes: a. Well Acidification b. Well Disinfections c. Well Redevelopment and well development- Also include what redevelopment process and techniques currently used in well rehabilitation, i.e., air development, chemical addition, etc. These mayor may not be used depending on the needs of each individual well. (SOP's shall be provided for each individual process). d. Well Reconstruct Process - This process includes screen removal, cleaning out borehole, screen installation, gravel pack installation etc.. e. Well Drilling f. Down hole and 360 degree video survey g. Chemical treatment h. Well abandonment 1. Wellheadl pump removal, cleaning and reinstall J. Specific Capacity test k. Chemical disinfection of well after rehabilitation 1. Chlorine Maintenance of wells mo Airlift well n. Well drilling SECTION 5 - BIDDER QUALIFICATIONS A. Bidder must provide Qualifications and current certifications in the following areas: 5.1 Minimum 10 years experience in commerciaVindustrial well drilling, rehabilitation, and troubleshooting various well water system problems. 5.2 Certification in the application, installation and service and repair of water specialties propeller, turbine and ultra mag meters. 503 Certification in submersible motor application, installation and maintenance 5.4 Certified weIdel 5.5 State of Florida Water Well Contractors license SECTION 6 - WARRANTY 601 The product shall have manufacture's warranty against defective material, workmanship and failure to perform in accordance with required performance criteria. 602 Bidders shall provide all warranty information with bid submittal. 6.3 All equipment supplied shall contain complete maintenance instructions. SECTION 7 - QUANTITIES: 7.1 The City reserves the right to increase or decrease total quantities as required. A minimum is not guaranteed. SECTION 8 - INVOICES: 5 Well rehabilitation Services ITB # 23-0-2002/GG 8 .1 Invoices for payment shall be sent to the Accounts Payable Dept., City of Palm Bay, 120 Malabar Road SE, Palm Bay, FL 32907. SECTION 9- INFORMATION: 9.1 Questions concerning the Bid or for further information, please contact Gary Garrison, Purchasing Contract Administrator at (321) 952-3424. 9.2 No interpretation or change to the meaning of the Invitation to Bid will be made to any Bidder orally, except by written addendum. 9.3 Bid information is also available on the City's Homepage at www.palmbayflorida.org. 6 Well rehabilitation Services ITB # 23-0-2002/GG WELL REHABITITATION SERVICES BID SHEET NO.1 OF 3 ITB# 23-0-2002 TASK NO. UNIT DESCRIPTION OF TASK BID PRICE 1 Per hour Well Service Rig $ \ro~ 2 Per hour Pump Service Rig $ '2D~ 3 Per hour Cement work or demolition $ l1o~ 4 Per hour On Site Welding Unit $ lSCS-- 5 Per hour Machine Shop Welding $ LRS~ 6 Per hour Pump/Well technician $ 1O<B. 7 Per video Down hole video surveys . ~~ v~ $ Sf:[). 8 Per hour Chemical Treatment $ Z25t.& 9 Per hour Well abandonment $ ,lS~ 10 Per well Mobilize, demobilize & cleanup $ 0SOa 11 Per well Wellhead/pump removal, cleaning and reinstall $ \~4Q)~ . 12 Per hour Specific Capacity test, Before and after rehabilitation $ lIDt!. 13 Per well Well Acidification/EP A $ I") f.JI,X)$. 14 Per hour Well Development and Redevelopment $ 12Q~ 15 Per hour Chemical disinfection of well after rehabilitation $ 21S~ 16 Per hour Pump Motor Retrieval $ \W~ 17 Per hour Miscellaneous work as needed, normal business hours $ \ )1) aJ, ~e2 lIilo \~c..\ ~ \ 2. ~~ C122'i l\..llQ. Lo(;(t), 11~ c)\L qJ 21j.) \jj Il'b~ }lj)fY/ ~4)<)lv I r!';,~ l (PLfb~ \2-~1iv 21jJv"J.-- 12,~":..t- 113ij.> Submitted by: Authorized Signature 7 ,~.?/ 19/ 2005 10: 23 3219523401 CITY OF PALM BAY PAGE 01 CITY OF PALM BAY AMENDMENT TO PURCHASE AGREEMENT BID/CONTRACT # 23-0-2002 This amendment to the Purchase Agreement for Well Rehabilitation Servi< ~ made and entered into as of April 5, 2005, by and between the City of Palm E lY and Aquifer Maintenance & Performance Systems, Inc. The Agreement entered into on June 6. 2002 as to term, is hereby amendec to renew the term of the Agreement for twelve (12) additional months, at a new r te to include a 2 %% increase as allowed for in the proposal documer :s, commencing on June 6. 2005 and terminating on June 5,2006. (Fourth yeal of an optional five-year agreement). In the event this contract term is not the same as the fiscal year encj (10/1 /e ~ - 9/30105), renewal of this agreement is subject to any required City COUI cil approval or ratification and appropriation of funds necessary to make paymen to successful bidder. You are required to submit your updated insurance certificates naming the Cit~ of Palm Bay as the other insured. These certificates are required to be returr 3d with your acceptance of this notice. The parties hereto execute this Amendment to become effective as of the d lte and year first above written. CITY OF PALM BAY 120 Malabar Road SE COMPANY NAME Aquifer Maintenance & Performance Systems, II c. Bobbye Marsala, C,P.M., CPPB Purchasing Manager BY:l11D~ , l\I.\CJ- me/Title _ 4\K\J\ Signature 1 Date :Bobkl1r:if}~ Signatu 1 Date '1-" - 0., Post-It" Fax Note 7671 Oill1e To c0;\ I=rom ~ Co. Phone II Phone # Fax # Fax II Well rehabilitation Services ITB # 23-0-2002/GG WELL REHABITITATION SERVICES BID SHEET NO.2 OF 3 ITB# 23-0-2002 "ILL l\ldP i~'^ , 1142 2'lfJlJ~ C]"1J.\C 1t.t1 ~ \'2- b'~ !G1-f '5\'1) Il~w-, 12'~'Q.. ~11q i>-u 3 TASK NO. UNIT DESCRIPTION OF TASK BID PRICE 18 Per hour Miscellaneous work as needed, non normal business $ 11OlQ.. 19 Per well Chlorine Maintenance of Wells $ 2 2S l8-- 20 Per hour Flow Meter Maintenance and Calibration $ qSl6). 21 Per hour Deep well Pump Maintenance $ ltpS~ 22 Per hour Well/Pump /Motor maintenance $ 12.0~ 23 Per Report Quarterly well monitoring reports $ , -a(JY::) qJ, 24 Per hour Raw water disposal $ ~I/Jl 25 Per hour Airlift well $ )2J)lJJ.. 26 Per hour Pump test $ 125~ 27 Per Video 360 Degree Video $ O}OO~ 28 Per Foot Well Drill $ 3l~ 29 Percent Percent of Mark up for parts supplied and installed I 5 ~12 Clio TOTAL COST (LINE 1 THROUGH LINE 28) $ 6.~~ -- CONTRACTOR MUST BID ON ALL ITEMS PERCENTAGE INCREASE: year 2~ year 3~ear 4 212. years 5 212. LIST OF CHEMICALS TO BE USED DURING THE VARIOUS PROCESSES: ~\UM ~~ClL (Atuu~ ~(l)ch\c{dt, ~\0lA ~ ~\0M 1f\(J)~PV\~ Gct(IL I\Ud . S\l\~lC l\U4 MU((d\L Puc.1 \~ \Q~\ ~WI\ 8:rllUM b\~ 8 Well rehabilitation Services ITB # 23-0-2002/88 Submitted by: "Authorized Signature WELL REHABITITATION SERVICES BID SHEET NO.3 OF 3 ITB# 23-0-2002 In submitting this Bid, Bidder represents as more fully set forth in the agreement, that Bidder has examined copies of all the contract Documents and of the following Addenda: Number Date Number Date Submitted by: A,thorized Signature ~ filvr(~~ Printed Name & Tit~e :) kM~j \V\L. {&..iJtr Ml\J.vrll~~4 .AJ11rA.A(lM,u. ~ Company ~ ~\ LV\t.\ - z.~ Telephone ~l02 Date 9 Well rehabilitation Services ITB # 23-0-2002/GG IDENTICAL TIE BIDS In accordance with Section 287.087, of the Florida State Statutes, preference shall be give to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality, and service, are received by the State or any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that has completed a drug-free workplace program shall be given preference in the award process. Established procedure for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibitions. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893, Florida Statutes or of any controlled substance law(s) of the United States or any state, than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. AUTHORIZED SIGNATURE ~"' ~ft:(WllW- ~\ tIlL-. C ANY ~l~D1. DATE 10 CITY OF PALM BAY AMENDMENT TO PURCHASE AGREEMENT BID/CONTRACT # 23-2002 This amendment to the Purchase Agreement for Well Rehabilitation Services is made and entered into as of March 18. 2003. by and between the City of Palm Bayand Aquifer Maintenance & Performance Systems Inc.. The Agreement entered into on June 6. 2002 as to term, is hereby amended to renew the term of the Agreement for twelve (12) additional months, at the rate of 2.5% on each item per the bid sheets, commencing June 6. 2003 and terminating on June 5. 2004. (Second year of an optional 5-year agreement). In the event this contract term is not the same as the fiscal year end (10/1/02 - 9/30/03), renewal of this agreement is subject to any required City Council approval or ratification and appropriation of funds necessary to make payment to successful bidder. You are required to submit your updated insurance certificates naming the City of Palm Bay as the other insured. These certificates are required to be returned with your acceptance of this notice. The parties hereto execute this Amendment to become effective as of the date and year first above written. CITY OF PALM BAY 120 Malabar Road, SE Palm Bay, FL 32907 COMPANY NAME: Aquifer Maintenance & Performance Systems Inc. Bobbye Marsala, C.P.M. Purchasing Manager 'fubbf ~ 3-)~~<::)3 Signature Date By: Jl1W~ M~ Rt~J- \ NamefTitle \ \. .~~ ~\20IU) '" ',-,Date " " CITY OF :P~L..,~ 13~ "Y FLORIDA 120 MALABAR ROAD. Sf. . PALM BAY. FLORIDA 32907-3009 . (321) 952-3400 Visit our website at: http://www.palmbayflorida.org June 25, 2002 Aquifer Maintenance & Performance Systems, Inc. Mr. Jim Murray, President 7146 Haverhill Road West Palm Beach, FL 33407 RE: City of Palm Bay Bid #23-0-2002 Well Rehabilitation Services Dear Mr. Murray: The City of Palm Bay City Council on June 6, 2002, awarded the above referenced bid to your company in full accordance with the terms, conditions and specifications as stipulated in the bid/proposal document. Please sign below as acceptance of this Notice of Award and return it to the City of Palm Bay Purchasing & Contracts Division, 120 Malabar Road, SE, Palm Bay, FL 32907. Two original copies have been provided; please keep one copy for your file. Deliveries or contractual performance shall not commence until authorization is given by issuance of a Purchase Order either verbally and confirmed in writing or by receipt of a Purchase Order document. You are required to submit your updated insurance certificates naming the City of Palm Bay as the other insured. These certificates are required to be returned with your acceptance of this notice. We appreciate your interest in the City of Palm Bay and look forward to future contact with your company. Sincerely, CITY OF PALM BAY 3(:) bb?- ~o.{h... Bobbye Marsala, C.P.M. Manager, Purchasing & Contracts Division Aquifer Maintenance & Performance Systems, Inc. 'PROGRESS THROUGH PARTNERSHIP' Well rehabilitation Services ITB # 23-0-2002/GG STANDARD INSURANCE REQillREMENTS The Certificate of insurance should be made to the City of Palm Bay, 120 Malabar Rd. SE, Palm Bay FL 32907 and should reference the operation. Prior to renewal, non-renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written notice shall be given to the City of Palm Bay. The Risk Manager prior to the commencement of any work shall approve all Certificates of insurance. Minimum coverage with limits and provisions are as follows: A. Commercial General Liability: The contractor shall provide minimum limits of $1,000,000.00 each occurrence, $1,000,000.00 annual aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, independent contractors, products, completed operations, broad form property damage, personal and advertising injury, and contractual liability, specifically confirming and insuring the indemnification and hold hannless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City of Palm Bay and shall name the City of Palm Bay as an additional insured. The policy of insurance shall be written on an "occurrence" form. B. Automobile: Contractor shall provide minimum limits ofliability of$I,OOO,OOO.OO each accident, combined single limit for bodily injury and property damage. This shall include coverage for: · Owned Automobiles · Hired Automobiles · Non-Owned Automobiles C. Umbrella/ Excess Liability: Contractor shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Commercial General Liability, Automobile Liability, Employers Liability. D. Workers' Compensation: The contractor shall provide and maintain workers' compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Florida. Said policy must include Employers' Liability insurance with limits of no less than: · Each Accident · Disease - Policy Limit · Disease - Each Employee $ 100,000.00 $ 500,000.00 $ 100,000.00 Contractor shall fur..1er insure that all of its sub-contractors maintain appropriate levels of workers' compensation msurance. E. Other Insurance Provisions: The City of Palm Bay is to be specifically included on all certificates of insurance (with exception to Workers Compensation) as additional insured. All certificates must be received prior to commencement of service/work. In the event the insurance coverage expires prior to the completion of this contract, a renewal certificate shall be issued thirty (30) days prior 0 said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. Deductible Clause - Contractor to declare self-insured retention or deductible amounts. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the contractor to insure that all subcontractors comply with the same insurance requirements spelled out above. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. 12 --~././ Well rehabilitation Services ITB # 23-0-2002/GG STANDARD TERMS AND CONDITIONS QUALITY - Any manufacturer's name, trade name, brand name or catalog establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for any brand, which meets or exceeds the quality of the specifications. F.O.B. POINT - Products are to be shipped F.O.B. to the department and address as identified on Purchase Orders. INVOICES - Invoices should be sent in duplicate to the City of Palm Bay, Accounts Payable, 120 Malabar Road SE, Florida, 32907-3009. It is understood and agreed that orders and services shall be shipped and performed at the established contract prices. Invoicing in variance with this will subject the contract to cancellation. INFORMATION AND LITERATURE - Bidders are to furnish all information and literature requested. Failure to do so may be cause for rejection. TIME FOR CONSIDERATIONS - Bids will be irrevocable after the time and date set for the opening of bids and for a period of ninety (90) days thereafter. ACCEPTANCE AND REJECTION - The City reserves the right to accept or reject any and all bids, and to accept the bid which best serves the interest of the City of Palm Bay. The City may award sections individually or collectively whichever is in its best interest, unless the bidder only intends to bid for the contract in its entirety. NON-DISCRIMINATION - The successful bidder will comply with all federal and state requirements concerning fair employment and will not discriminate by reason of race, color, age, religion, sex, national origin or physical handicap. DEVIATION FROM SPECIFICATION - Any deviation from specifications must be clearly stated and explained in detail. Otherwise items offered are expected to be in strict compliance with specifications and the successful bidder shall be held accordingly. SAFETY STANDARDS - Items furnished shall meet all requirements for The Occupational Safety and Health Act (OSHA), federal, state and local requirements of appropriate safety standard organizations. SAMPLES - When requested, samples must be firrnished as called for, free of expense to the City. Bidder's request for return of samples must be in writing with submission of their samples. Return shipping costs will be the responsibility of the bidder. Each sample shall be labeled individually with the bidder's name and address. CANCELLATIONS - This contract shall remain in effect at least ninety (90) days from effective date. After this period, this contract may be canceled in whole or in part by either party upon thirty (30) days written notice to the other party. AWARD - A ward shall be made to the responsive and responsible bidder whose bid is most economical according to the criteria designated in the solicitation. ASSIGNMENT - Neither the contract nor payment due may be assigned except with prior approval of the Purchasing Department of the City of Palm Bay. PATENTS AND COPYRIGHTS - The contractor agrees to hold harmless the City of Palm Bay, its officers, agents and employees from liability of any kind, including cost and expenses, with respect to any claim, action, cost or judgement for patent or copyright infringements. CONFLICT OF INTEREST - The bidder certifies that this bid has not been arrived at collusively or otherwise in violation of federal, state or local laws. INFORMALITIES - The City of Palm Bay reserves the right to waive any informality in bids. TAX EXEMPTIONS - The City of Palm Bay is tax exempt. Our tax-exempt number is 15-16-049825-54C. 13 Well rehabilitation Services ITB # 23-0-2002/GG PRICING - If a unit price, when extended, is obviously in error, the incorrect extended price will be disregarded. TRAINING - Unless otherwise specified, supplier(s) may be required, at the convenience of and at no expense to the City, to provide training to City employees in the operation and maintenance of any item( s) from the bid. INTERPRETATIONS - Any questions concerning conditions and specifications shall be directed to the designated buyer. Those interpretations, which may affect the eventual outcome of this bid, will be furnished in writing to all prospective bidders. No interpretation shall be considered binding unless provided in writing by the City of Palm Bay. 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'" o ~l!l. 0" So ; ... ~ N '" :.. .!!! o ~m '" li' !T~ Om :1.,< til ii! o.a CIl~ ~1lI '" OJ o o 3 3 .. ~ lit VI-CONSENT AGENDA ITEM B.9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) 0 April 19,2005 April 4, 2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2,2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: A motion to multi-award Bid# 029-1412-05/CJD"ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING" on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an annual expenditure of $80,000.00. CONTRACT PERIOD: JUNE 22, 2005 TO JUNE 21, 2006 EXPLANATION: On April 14, 2005, Procurement Services received and opened eight (8) proposals for the referenced bid. It is recommended to award this bid to multi vendors as overall "Low Bidders". The evaluating factors used in determining the award were based on: price, brand name and delivery time. Dominic De Mauro, Warehouse Manager, concurs with this recommendation (per attached memo). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMP ACT: The purpose of this bid was to seek proposals for the purchase of apparel/embroidery/silk screening from a source of supply that will give prompt and convenient shipping and service for the various departments within the City. , ~, INVENTORY ACCOUNT: 502-000-141-000-00 r<..;lkJ FISCAL IMPACT: ~~/1X~ Drrtment Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC Dominic De Mauro - Warehouse Manager/Fixed Asset Manager F~ . UNIFORM EMBROIDERY COMPARISON SHEET VENDORS SECTION 1 ITEM # 1 POLICE TRANING UNIT GOLF SHIRT REDIBLACK ITEM # 2 POLICE CARDIGAN SWEATER ITEM # 3 POLICE WHITE ADMINISTRATION GOLF SHIRT ITEM # 4 FIRE WORK SHIRT/FLEECE LIS NAVY ITEM # 5 POLICE CRIME SCENE GOLF SHIRT/NAVY/GRAY ITEM # 6 POLICE DIRECTED PATROL GOLF SHIRT ITEM # 7 POLICE - CODE ENFORCEMENT GOLF SHIRT ITEM # 8 SUPERVISOR POLO SHIRTS Men's white w/ pockets ITEM # 8 SUPERVISOR POLO SHIRTS MEN' NO POCKET BIMINI BLUE ITEM # 8 SUPERVISOR POLO SHIRTS Ladies' white - no pocket ITEM # 8 SUPERVISOR POLO SHIRTS Ladies' bimini blue - no pocket ITEM # 9 POLICE TURLE NECK LIS S/S ITEM # 10 CITY JACKETS crl WI ITEM#11 FIRE DEPT. BALL CAP ITEM # 12 POLICE BALL CAP <.!) <( z W -J I -J $: <( t- F- (/) z 0 t- ~ W 0 -J ~ 0:: 0:: > ~ u 0 0 <( ~ I W a. ::i; u u ~ w (/) ~ W ::l ::l 0 <.!) 0:: 0 -J 1i: (/) u w ~ ::i; a. $13.50 $14.45 $13.50 $13.60 $13.60 $8.90 $12.50 2x 13.50 $12.50 2x 13.50 $12.50 2x 13.50 $12.50 2x 13.50 $3.68 $3.68 UNIFORM EMBROIDERY COMPARISON SHEET <.9 ~ z w --' I --' ~ <( l- f-- en z 0 I- ~ W 0 --' ~ 0:: 0:: > 6 0 0 0 <( i= I W a. ~ <( 0 ~ w en ~ w => => 0 <.9 0:: 0 --' a: en VENDORS 0 w ~ ~ a. ITEM # 13 $3.68 ALL CITY BALL CAPS ITEM # 14 $3.68 POLICE: CSO CAP ITEM # 15 $7.68 FULL BRIM HAT ITEM # 16 $10.05 FULL BRIM AUSSIED HAT WfTlE STRINGS, SNAPS ITEM # 17 $4.95 CITY T-SHIRT US 2x 5.95 S/S ITEM # 18 $4.95 POLICE T-SHIRT S/S ITEM # 19 $5.29 POLICE T-SHIRT US ITEM # 20 $5.29 SWAT T-SHIRT LIS ITEM # 21 $5.23 POLICE SWAT T-SHIRT S/S ITEM # 22 $5.59 FIRE DEPT. T-SHIRT W/POCKET S/S 2x 6.74 ITEM # 23 $5.64 CSO POLICE DEPT. T-SHIRT S/S 2x 6.84 ITEM # 24 $4.79 FIRE T-SHIRT W/O POCKET 2x 5.79 ASH LIS ITEM # 25 $6.00 FIRE DEPT GYM SHORTS ITEM #26 $16.25 FIRE DEPT POLO SHIRTS S/S CALENDAR DAYS FOR DELIVERY 1014 10 21 30 15 - 30 21- 30 not sub- mitted COST PLUS % FOR ITEMS NOT LISTED 20% off 20% 40% 20% 30% N/A Not list Submitted ~ti~ The City of Boynton Beach err Finance Department WAREHOUSE DIVISION TO: Mary Munro, Asst to The Finance Director Dominic DeMauro, Warehouse Manager fJ r May 2, 2005 FROM: DATE: SUBJECT: Embroidery Silk Screening I received the tabul~tion sheet from your office. The evaluating factor used was A) price B) Brand name. My recommendation is multi award to overall low venders. The purpose of this bid is to purchase uniform golf and tee shirts for the police, fire dept and general employees. In addition to uniform shirts we purchase tee shirts for all recreation programs. Section 1 Embroiderv Vender Item Aramark Uniform TSG Sportswear Educational Products Item 4 and 9 No award 1,3 2,5,6,7,8 10 Section 2 Hats Vender Matteo Item 11,12,13,14,15,16 Section 3 Silk Screeninl! Vender Item TSG Educational Products Kluch Creative Marketing 17,18 19,20,21 22,23,24 25 Pae:e 2 Section 3 Embroidery & Silk-Screenine: Vender Item TSG 26 No consideration was given to Custom Tee Shirt. Their bid package was incomplete. In addition to the overall low prices, the following venders are offering the following discounts. 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon.) r2J June 7, 2005 May 16, 2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) NATURE OF AGENDA ITEM .:..-) -:-)-! .=..~-< D Administrative D Development Plans ...< (,~.':) --< "j-l r2J Consent Agenda D New Business GJ '0 D Public Hearing D Legal : -"... -~ :1: D D " " "~-l Bids Unfinished Business 0 --"- D Announcement D Presentation N q '~lCD D ..r::- -rTl City Manager's Report 0;1> co 111 () ::r: RECOMMENDATION: Approve the agreement between the City and Boynton Beach Little League, Inc. (Little League) for the use of Little League Park. EXPLANATION: The current agreement between the City and Little League was ratified in 1992. The proposed new agreement provides greater administrative clarity and direction as it relates to the use of Little League Park. PROGRAM IMP ACT: The agreement stipulates that Little League shall have first option as to the use of the fields at Little League Park each year from January 15 through August I and from September 15 through the Sunday of the weekend before Thanksgiving. It also clarifies maintenance activities and use of the park outside the stipulated Agreement time period. FISCAL IMP ACT: The City pays for annual maintenance. Maintenance of Little League Park is at a level that the City deems appropriate based on funding allocated for this purpose. The City also pays utility costs for the concession and storage building, restrooms, and ball field lighting systems. A summary of costs is included in exhibit "A". AL TERNA TIVES: Do not renew the agreement ~rtment Head's Signature ~ City Manager's Signature Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETIMFORMS\AGENDA ITEM REQUEST FORM. DOC 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 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. R 05- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND BOYNTON BEACH LITTLE LEAGUE, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been deemed by the City Commission of the City of Boynton Beach to be in the best interest of the citizens and residents of said City to enter into an Agreement with the Boynton Beach Little League, Inc., for the utilization of the Little League Park; and 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 authorize the Mayor and City Manager to execute an Agreement between the City of Boynton Beach, Florida and the Boynton Beach Little League, Inc., said Agreement being attached hereto as Exhibit "A". PASSED AND ADOPTED this _ day of ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\RESO\Agreements\Little League Park.doc Exhibit "A" Little League Park Annual Maintenance Costs 2004 2005 Materials & Supplies 17,454 $19,804 Capital Improvements 0 6,760 Water 2,726 2,856 Electricity $20,025 20,000 Personnel $31,590 $28,431 Public Works $11,428 $10,503 TOTAL $83,223 $88,354 AGREEMENT THIS AGREEMENT, made and entered into this , 2005, by and between the: day of CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, organized and existing under the laws of the State of Florida, hereinafter referred to as "CITY," and BOYNTON BEACH LITTLE LEAGUE, INe., a Florida not-for-profit corporation, hereinafter referred to as "LEAGUE." WITNESSETH: WHEREAS, CITY is the owner of the real property known as Little League Park, hereinafter referred to as "PARK", situated in Palm Beach County in the City of Boynton Beach, and bounded on two sides by S.W. 3rd Street and S.W. 15th Avenue, respectively; and WHEREAS, Little League Park includes four lighted ballfields, pitching wall, batting cage, picnic pavilion, clay and sand storage bins, concession stand, storage building, restrooms, and a parking area; and \VHEREAS, both parties desire that said PARK be utilized to the greatest capacity for community use. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable considerations, the parties agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2.0 Use of Little League Field. 2.1 League shall have first option as to the use of the fields at PARK each year from January 15 through August I and from September 15 through the Sunday of the weekend before Thanksgiving. 2.2 LEAGUE and CITY shall make every effort to accommodate other events at said PARK during said period. The CITY shall schedule use of PARK for other groups during the Agreement time period when determined possible and appropriate and not in conflict with the terms hereof. Little League 2005 Rev. 03-28-05 2.3 The CITY shall have sole authority to approve and schedule use of the PARK by other groups outside the stipulated Agreement time period, including sporting and recreational activities not related to Little League. 3.0 Concession Stand and Storage Building. 3.1 LEAGUE shall have first option to operate concession stand at all events sponsored by the LEAGUE during the Agreement time period. LEAGUE shaU pay the costs for aU products sold at said concession stand and retain said profits therefrom. 3.2 In event LEAGUE DOES NOT EXERCISE THEIR OPTION TO OPERATE SAID STAND, CITY may operate said stand utilizing LEAGUE'S stock present at stand and both parties shall equally divide the gross income from sales; or the CITY may provide its own stock and keep all gross income from sales. Each party shaU be responsible for repair or replacement of equipment damaged by said party. 3.3 The CITY shall pay utility costs for the concession and storage building, restrooms, and ballfield lighting systems. 4.0 Maintenance. The CITY shall maintain the ball fields and other turf and landscape areas of the PARK. The LEAGUE shaH assist the CITY in pick up of litter generated from the concession operation, as well as ballfield diamond maintenance during evenings and weekends during the Agreement period. Maintenance activities include dragging baUfields between games, watering ballfields and maintaining the batting cages. 5.0 Insurance. 5.1 The LEAGUE shall maintain a comprehensive general liability insurance policy with minimum limits of $ 1 ,000.000 per occurrence, combined single limit for bodily injury liability and property damage liability, including premises and operations. 5.2 The policy shaU be endorsed to contain the following provisions: 5.2.1 The City of Boynton Beach shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. 5.2.2 A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY. 5.2.3 The LEAGUE shall inform its insurer to furnish directly to the CITY of Boynton Beach certificates of insurance with original endorsements affecting coverage Little League 2005 Rev. 03-28-05 2 required within. The LEAGUE shall provide binders indicating placement of coverage to CITY prior to January 15th of each year. 6.0 Term. The initial term of this Agreement shall be for five (5) years, and the Agreement may be renewed for successive renewal terms of five (5) years each. All renewal terms shall be subject to the mutual consent of the CITY and LEAGUE, as evidenced by a written amendment to this Agreement. 7.0 Termination. Each party may cancel this Agreement by providing written notice of at least one hundred twenty (120) days to the other party. If said termination date shall fall during the period of January 15 to August J, the termination date shall be extended to August 20 unless waived by both parties. 8.0 LEAGUE Conduct. LEAGUE agrees to conduct its activities upon the premises so as not to endanger any person lawfully thereon and to the extent provided by law, to indemnify and hold harmless the CITY, its officers, agents, and employees from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of any kind arising out of or occurring during the activity of LEAGUE and those resulting or occurring from ant negligent act, omission or error of LEAGUE, its agents, employees, members or guests, resulting in or relating to injuries to body, life, limb or property sustained in, about, or upon the permitted premises or improvements thereto, or arising from the use of said premises. 9.0 Compliance with laws. LEAGUE agrees to comply with all laws of the United States, the State of Florida, and all local laws, including but not limited to the ordinances and regulations of the City of Boynton Beach, and all rules and requirements of the City Police and Fire Departments, and will obtain and pay for all necessary permits and licenses, and will not do, nor suffer to be done, anything on said premises during the term of this Agreement in violation of any such laws, ordinances, rules or requirements, and if the attention of the Licensee is called to any such violation on the part of LEAGUE, or any person employed by or admitted to the said premises by Licensee, such LEAGUE will immediately desist from and correct the violation. 10.0 Removalof Persons. CITY reserves the right, through its representatives, agents and police to eject any objectionable person or persons from said facility, and upon the exercise of this authority, the LEAGUE hereby waives any right and all claims for damages against the City. 11.0 Evacuation of Premises. CITY reserves the right to evacuate the premises or facilities during any activity in progress where it is deemed necessary for the safety of the general public, patrons, or guests. 12.0 Inspection of Premises. LEAGUE further represents that it has inspected the premises, the facilities and its equipment, and is satisfied that the same are in proper condition for the uses contemplated. Little League 2005 Rev. 03-28-05 " J 13.0 Damage to Premises. LEAGUE shall not injure, nor mar, nor in any manner deface said premises or facilities, and shall not cause or permit to be driven nails, hooks, tacks or screws into any part of said premises or facilities, and will not make, nor allow to be made any alterations of any kind therein without the CITY's written permIsSIOn. 14.0 Assignment Prohibited. LEAGUE shall not assign this Agreement, or sublet the demised premises or any part thereof without the prior written consent of CITY endorsed hereon. 15.0 Notice. Any notice or demand, which under the terms of this Agreement, or by any statute or ordinance given or made by a party hereto shall be in writing and shall be given by certified or registered mail, return receipt requested, sent to the other at the address set forth below, or to such other address as such party may, from time to time, designate by notice: Notice to the CITY shall be addressed to: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 Notice to the LEAGUE shall be addressed to: Boynton Beach Little League, Inc. Boynton Beach, Florida 16.0 Agreement Binding; Amendment. All terms and conditions of this written Agreement shall be binding upon the parties, their heirs or representatives, and assigns, and cannot be varied or waived by any oral representations or promise of any agent or other person of the parties hereto, unless the same be in writing and mutually signed by the duly authorized agent or agents executing this Agreement. 17.0 Severability. If any provision of this Agreement or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected, and be enforced to the furthest extent permitted by law. 18.0 Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or -she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. Linle League 2005 Rev. 03-28-05 4 19.0 Termination of Prior Agreement. This Agreement has the immediate effect of terminating any existing agreements between the CITY and LEAGUE pertaining to the use of PARK, including that agreement between the parties dated February 5, 1991. Any indemnification obligations in any previous agreements between the parties shall survive this termination. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. WITNESSES: CITY OF BOYNTON BEACH By Mayor By City Manager (CORPORATE SEAL) ATTEST: City Clerk Approved as to form: City Attorney Little League 2005 Rev. 03-28-05 5 WITNESSES: BOYNTON BEACH LITTLE LEAGUE, INe. " ; '---/D'C:'vt"'J?'-J.I 7 ( ( /2~-/ . President 0{ [Print/type Name] Attest: 1 /..,-;;. "j",(l{ ~~; _ I) ,:v i'--~{ " I ~ '_.0 f "'. Secretary () [Print/type Name] STATE OF FLORlDA ) )ss: COUNTY OF PALM BEACH: ) The jQ.regoing instrument was acknowledged before me this /fP1<.-1 ^- ),3 , 2005 by ""' ItcKJflC- VC'"j and [o1Z.1 0 U R.COlttJ , as President and Secretary, respectively, of BOYNTON BEACH LITTLE LEAGUE,~Florida corporation, on behalf of the corporation. They are ~ally mown to Irut"or have produced as identification and did not (did) take an oath, Name Printe (/~. /JIL Notary Public, State ~rida Signature of Notary taking Acknowledgment (SEAL) :: TV!mld'sa'on . D01"D81 ~ ~ed BY NatltlnaI Notary Assn. eu My Commission Expires: Commission Number H:I] 990/900 I 82.bb/agmtsILinle League Agml 200S.doc Linle League 2005 Rev. 03-28-05 6 err CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl VI.-CONSENT AGENDA ITEM C.2. Requested City Commission Date Final Fonn Must be Turned Requested City Commission Meetinll Dates in to City Clerk's Office Meetinll Dates 0 April 5,2005 March 14,2005 (Noon.) IXI June 7, 2005 0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 Date Final Fonn Must be Turned i!! to City Clerk's Office May 16,2005 (Noon) 'j June 6, 2005 (Noon) , 1 June 20, 2005 (Noon) \...;:,-' < ~~':~ '::...~~ July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF IXI Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report ( n ('T' r::;. ~cn -Pl oJ> i'10 ::r.: RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Modesto and Rachel Maldonado for the property at 1036 Florence Rd, Lake Worth, FL (Hypoluxo Ridge LT 62). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CastlelRidge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improve- ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None ALTERNATIVES: None. /~ ~~ ~ignature v1\ l--\ 7t.f:" S Department Name City Attorney I Finance I Human Resources XC: Peter Mazzella (wi copy of attachments) Michael Rumpf, Planning & Zoning Anthony Penn File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. ROS- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND MODESTO AND RACHEL 9 MALDONADO; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 1036 Florence Road, Lake Worth, Florida (Hypoluxo 14 Ridge Lot 62); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 located in the Sand Castle/Ridge Grove project area; and 17 WHEREAS, a water distribution main has recently been completed on this street 18 allowing for the service to this parcel; and 19 WHEREAS, no additional construction will be required by the City to serve this 20 property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby authorizes and directs the City Manager 27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 28 Modesto and Rachel Maldonado, which Agreement is attached hereto as Exhibit "A". S:\CA\RESO\Agreements\Water Service\.l\1aldonado Water Service Agreement.doc 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 27 28 29 Attest: Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of , 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:\CA\RESO\Agreements\Water Service\Maldonado Water Service Agreement.doc TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE OTY UMITS AND COVENANT FOR ANNEXA nON J:d.. AGFEE~ day of ,200_, by and between W\ (J () ~ R. . ~ hereinafter called the "Customer", and the OTY ~ OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exlubit A) 2. The Customer and the City hereby agree that there are LJt Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5, Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to acconnnodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant ofPthe power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. TIris Agreement and the power of attorney referenced herein is to be recorded in the Public Records ofPahn Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impainnent or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impainnent or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fIre, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. lJt WITNESS WHEREOF, the parties hereto have set their hands and seals this ..s:- day of I ,2~ WITNESS: .~Wt1~ INDIVIDUAL(S) AS OWNER(S): fl/bJe;;iJ, Jrf,CI~~AA~ Owner Signature ::::JU () 17 /j h. j/ '7 L E- Printed Witness Name ~~~~ o Printed Owner Name Witness Signature , J-VJIfAJ C 0 L~( NJ Printed Witness Name 3 I2cu~ a.l~da Owner Signature giiikl4UaldtKw?l, Print dOwner Name .::;U f) I T H A. ptj ~ E- Printed Witness Name ~~C~f Witness Signature J" vf ITIV Co L L ( ftr..s Printed Witness Name FOR INDIVIDUAL (S) NOT ARIZA TION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in theState aforesaid and in the County aforesaid to take acknowledgments, personally appeared ]h(?J -fS-tO i- (2c..c hel rh ~ ( d a n~d() to me known to be the person{s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: r / CJ IC I 'd C<. cI /l ,'(/ t' 12 S LJ (' r' /1 'S f'S . , ~.~ hWIlNESS my hand and off.!kial seal in the County and State last aforesaid this 6 day of l~ ,200~ ....~~\;;FWp" arb~~ M. Madden (Not . COIDlIllSSlon 1/ DD125274 ,^ /f L =0.'. j~: Expires July 19. 2006 ~ Fit . /h ~ ~~;., r::;~~ Bonded Thru ""?'~,~~\\\' Atlantic Bonding Co., Inc. Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ATTEST: City Clerk STATE OF FLORIDA ) 4 ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , City Manager and , City Oerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this ,200_> day of (Notary Seal) Notary Public Approved as to form: City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cherol, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF fa,ftu 15.ed?A af7d i2uchel I/We, }J odes~AaJd{)rod{) , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: o 0 - l/ 3 -If ~-. 09 - L?'::3 -600 - 0 G. J 0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~ day of ~ . 20~ and the powers and authority shall be irrevocable by Grantee. --t..A IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of rh t< r ' in the year two thousand and f,'v-e... Sealed and delivered in the presence of ~ j/~J~ Owner Signature ~1U. /Ji r fI f+, Pit 1.- C Printed Witness Name ~~~~/ JV( & j t? flo JAA rJJo 1/1/'><-010 Printed Owner Name Witness Signature S f/Slfll! Co L (. INJ Printed Witness Name '~&aht~ Owner Signature ~dhr/ A PIlItioTJkd> Pnnte Owner Name ;::JU/J/T1i A pyt.. c_ Printed Witness Name ~~ ~~/ Witness Signature - S vJ4-AI COLl-fllJ' Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) ~ THE FOREGOING INSTRUMENT was acknowledged before me this.5"' day of Inti I . 20tl~ by MbJ-f'sf-o ~ ~Qch-e J tl1aldCM,(tdoand . who are known to me or who have produced r:=; pLi dA. df2;VN2 5,' L/Cf/l~ as identification and who did/did not take an oath. ~A-.Ik~ NOTARY PUBLIC ",""" B b ",':.~~y Pf/,t,- ar ara M. Madden {if~~~Co~on # DD125274 ~~~~~ ExpU'eS July 19, 2006 "'/OFf\r;:,~,~ Bonded 1bru """ ",., Atlantic Bonding CO.,Inc, Type or Print Name Commission No. My Commission Expires: Palm Beach County Property AppraIser Property :Search :System Yage J 01 L ~~~~~_~7\~-::.-~roper1Y- ~PfHaiser's Public Access S~sten r~$6j%1~A~:~;i'tii1'~U~['::~~~ ~1~~~ ~' ',~;~~.~-:'~ S ~ :~ ~~ z a: ~ < ~ -= r ~" .~" ; !}"'~ 4l,,"~4j.:~"""'?""~\ ~"'-~ ':l ,~~ ~. -" _ ;f, ' , ~;J~1;_L~"_~~_~ ~_~ ~:~_ ~ . Property Information Location Address: 1036 FLORENCE RD Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-03-000-0620 Subdivision: HYPOLUXO RIDGE IN Official Records Book: 11710 Page: 1875 Sale Date: Mar-2000 LeQal Description: HYPOLUXO RIDGE LT 62 Owner Information Name: MALDONADO MODESTO ~"""""'""':$'t'1 Mailing Address: 1036 FLORENCE RD LAKE WORTH FL 33462 5339 Sales Information Sales Date Book/ Page Mar-2000 11710/1875 Sep-1987 05431/0682 Jul-1982 03760/1057 Price Sale T~ Owner $71,000 WARRANTY DEED MALDONADO MODESTO $1,000 CERT OF TITLE $26,000 WARRANTY DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 0100 2004 2003 2002 $70,091 $63,751 $57,645 $17,OSE $ 15,36Cl $ 12,oOii $87,177 $79,111 $69.645 Tax Year 2004 Number of Units: 1 *Total Square Feet: 1228 Descriptio n: RESIDENTIAL Assessed and Taxable Values * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2004 $59.83 $25,00 $34,83 2003 $58,71"i $25,ooCl $33,71"i 2002 $57,341 $25,000 $32,341 iiiiiiiiiiil....... ....... ,:c-:- ,:,' -', _ :-. _, -: .'Y, ,.,_. ., . '" ", ~...., ~""'""".~"":"'''"''~ill~~'_~'~~J NOTE: lower the top and bottom margins to 0.25 on FiIe->Page Setup menu option in the browser to print the detail on one page. Record Search I Information J Exemptions I Community I Employment I New Home Buver I Office Locations Value Adiusbnent Board I Save Our Homes I Senior Comer I Disclaimer http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=00434509030000... 5/5/2005 ~-J0~+ It All Owner Page 1 of 1 All Owner(s) peN Number: 00-43-45-09-03-000-0620 Owner Names MALDONADO MODESTO MALDONADO RACHEL L"'''''''''''>'i'"'~'''''''_'i'''''''' I '"",,".<Ok"-"'~"""h"O'''1 http://www.co.palm-beach.fl.us/papa/aspxlweb/all Owner.aspx?entity _i d=0043450903 00006. .. 5/5/2005 u"tUf uu;,u UUfU umsu 0100 . 1 in. = 134.1 feet 0 0240 0220 0200 0191 0180 0160 0140 3 zo 270 0280 0290 0300 0310 0320 0330 0340 zo ~O o o 0500 0351 0480 0470 0460 0442 0431 0420 0530 0550 0560 0570 0580 0590 0600 0610 o ] 70 -./ 0640 0380 0400 Location Map - 1 036 Florence Rd CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOlU VI.-CONSENT AGENDA ITEM C.3. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 5, 2005 March 14,2005 (Noon.) r8J June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrati ve D Development Plans NATURE OF r8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Approve additional language to Rule #24 of the Cemetery Rules & Regulations to require that, "Human remains being placed for entombment shall be in a gasketed metal casket for Mausoleum usage." Also, approve the addition of a new rule that would read as follows: "Human remains onlv shall be buried in any municiDal cemetery." EXPLANATION: Beginning in August of 2004, the Cemetery Board began consideration of the need for gasketed metal caskets in the Mausoleum. This discussion arose following an incident of leakage that occurred during a disinterment from the Mausoleum. Research of the records indicated that prior to 1996, a rule existed that required the use of sealed metal caskets. However, in 1996, during extensive revisions to the Cemetery Rules & Regulations, that rule was omitted. In December 2004, Mr. Brady Osborne was invited to attend the Cemetery Board meeting to express his opinion and concerns on this issue. (Minutes attached) In summary, Mr. Osborne was not in favor of any rule that would govern the type of casket used in the Mausoleum. As required in Rule #23 of the Cemetery Rules & Regulations, Mr. Osborne was notified by certified mail that the Cemetery Board's recommendation regarding implementing this new language would go to the City Commission for consideration on June 7, 2005. No objections have been received to date. At the March 24, 2005 meeting of the Cemetery Board, the members discussed the issue of whether or not to allow non- human remains to be buried at Boynton Beach Memorial Park. This is an issue that arose, and the Cemetery Rules & Regulations are silent in this regard. Staff as well as board members felt it was necessary to clearly state in the Cemetery Rules & Regulations that this type of burial is prohibited. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Do not ~ppro~e and continue witil the Cemetery o~urrentlY exists. 4~ lty Manager's Signature Department Name City Attorney / Finance / Human Resources II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. 05- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RULE #24 OF THE CEMETERY RULES & REGULATIONS; ADDING A NEW RULE #27; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and 15 Regulations and does hereby recommend an amendment to the Rules and Regulations 16 Amended April 26, 2005; and 17 WHEREAS, upon recommendation from the Cemetery Board, the City 18 Commission has determined that it shall revise Rule #24; and 19 WHEREAS, upon recommendation from the Cemetery Board, the City 20 Commission has determined that it shall add a new Rule #27. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 23 Section 1. Each Whereas clause set forth above is hereby ratified as being true 24 and correct and incorporated herein by this reference; 25 Section 2. The City Commission of the City of Boynton Beach, Florida, 26 amends the Rules and Regulations of the Cemetery Board by amending Rule #24 to add 27 the following: 28 29 30 31 32 33 24. As of the date of adoption of Resolution No. 04-065, on all new sales, the bodies placed in the Mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must be placed in a Ziegler style case. Plastic trays must be placed under the casket on all entombments in the Mausoleum, whether the bodies are embalmed or not. The funeral home will bear the cost of the Ziegler style C:\Documents and Settings\prainitoj\Local Settings\Temporary Internet Files\OLKD\Cemetery RR - Create Rule 27 Amend 24.doc II 1 2 3 4 5 case and plastic trays, but will pass that cost on to the purchaser. Human remains beine: placed for entombment shall be in a e:asketed metal casket for Mausoleum usae:e. Section 3. The City Commission of the City of Boynton Beach, Florida, 6 amends the Rules and Regulations of the Cemetery Board by creating a new Rule #27, to 7 read as follows: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 27. Human remains only shall be buried in any municipal cemetery. Section 4. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _ day of ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk C:\Documents and Settings\prainitoj\Local Settings\Temporary Internet Files\OLKD\Cemetery RR - Create Rule 27 Amend 24.doc The City of Boynton Beach RISK MANAGEMENT DEPARTMENT 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6040 FAX: (561) 742-6041 e-mail: magazinec@cLboynton-beach.f1.us www.boynton-beach.org June 9, 2005 Richard A. Murdoch, Esq. Adorno & Yoss 700 S. Federal Highway, #200 Boca Raton, FL 33432 RE: Boynton Beach Mausoleum, Inc. Dear Mr. Murdoch: I have reviewed your letter dated June 6, 2005, at the request of the City Manager. I will not address the specific issue of which casket is more appropriate in the Mausoleum, as this is best left to the Cemetery Board to advise the City Commission. I will, however, address the issue you raised regarding the authority and appropriateness of the City to establish guidelines or standards for the Mausoleum. You advised that the proposed revisions are a breach of the City's agreement with your client, and a direct violation of his contract with the City. I have reviewed the 1978 Agreement and find no mention of limiting the City's rights and responsibilities in setting guidelines or standards. I have further reviewed the Rules and Regulations Amended September 3, 1998. Under General, number 11, it states: The Board of Governors from time to time may initiate and recommend the laying out, altering, or closing of such avenues or walks and make such rules and regulations for the government and improvement of the cemetery as it may deem requisite and proper, subject to City Commission approval. Furthermore, under Mausoleum, number 23, it states: The Board of Governors from time to time may recommend the altering of the Rules and Regulations for the government and improvement of the mausoleum as it may deem requisite and proper, subject to City Commission approval... Therefore, it would appear that the City is well within its rights to make the changes discussed in your letter. Any claim to violating any agreement between the City and your client would appear to be nothing more than a smoke screen set up to misdirect the attention of the City. Thank you for your comments. S/m C~gaZine Risk Manager RM/Mausoleum 2005 06.doc ADORNO & Yoss A PROFESSIONAL ASSOCIATION 700 SOUTH FEDERAL HIGHWAY. SUITE 200 BOCA RATON, FLORIDA 33432 PHONE: (56 I ) 393-5660. FAX: (56 I ) 338-8698 WWW.ADORNO.COM RICHARD A. MURDOCH DIRECT LINE: (56 I ) - 620 - 5880 DIRECT FAX: [56 I J - 338 - 8698 EMAIL: RAM(c.VADORNO.COM June 6, 2005 RECEIVED JUN 6 2005 - CITY MANAGER'S OFFICE Mr. Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 RE: BOYNTON BEACH MAUSOLEUM, INC. Dear Mr. Bressner: I have been retained by Boynton Beach Mausoleum, mc. to respond to the proposed revision to Rule No. 24 of the Cemetery Rules and Regulations of the City of Boynton Beach, Florida. Please be advised that the Boynton Beach Mausoleum, mc. strenuously objects to the proposed revisions and considers same a breach of the City's agreement with our client. The proposed revisions would mandate the use of only gasketed metal caskets for remains being entombed in the Mausoleum. This amendment serves no useful purpose other than to increase the cost to those persons selecting above ground interment. If reasoning behind the proposed rule change is an attempt to address the casket explosion which occurred last year, then the rule change is totally unnecessary because in that incident, the body was entombed in a gasketed metal casket. In the history of the Boynton Beach mausoleum there have been three(3) similar incidents and all three(3) involved gasketed metal caskets. There is absolutely no empirical data whatsoever to support any claim that gasketed metal caskets are better suited or safer for a mausoleum than non-gasketed metal caskets. Ifthe valve on a gasketed metal casket malfunctions or is clogged, the body gases cannot escape the sealed container, and the pressure within the casket increases to the point of bursting at its weakest point. In contrast, non- gasketed caskets do not seal in the body gases, but permits the gases to escape naturally over time. The Mausoleum is designed and constructed to permit escape of these gases in a non-hazardous manner. The Mausoleum has never had an incident with a non-gasketed casket. This proposed rule amendment guarantees that the citizens of Boynton Beach, who choose above ground interment, will have to spend hundreds of dollars more on their interment. A gasketed casket is identical to a non-gasketed casked in absolutely every respect except for the rubber-like gasket and CALIFORNIA FLORIDA GEORGIA NEW..JERSEY NEW YORK WASHINGTON, D.C. RAM/200258.00021R6050403_3/5/25/2005 10:19 AM April 26, 2005 Mr. James Ferraro Page 2 valve. There is no benefit to the citizens of Boynton Beach to promote and promulgate this rule change. It is clear that to arbitrarily adopt revisions to the rules and regulations, which revisions have no scientific or other meritorious foundation is unwise and imprudent. The adoption of such a rule amendment, which substantially increases the cost of above ground interment without scientific or legal basis, constitutes a direct violation of the contract between the City and Boynton Beach Mausoleum. For your information, there is currently pending litigation against the three (3) ofthe largest funeral home chains in the United States, the leading U.S. casket maker, and the National Funeral Directors Association impacting on this issue. This lawsuit, which has been brought by a consumer's group, alleges that the casket manufacturers and funeral industries have conspired to prevent less expensive casket options from reaching the market place. A copy from a recent Wall Street Journal article discussing this litigation is attached. In closing, my client respectfully requests your support in defeating the proposed amendment as it is contrary to the best interests ofthe citizens of Boynton Beach and the Boynton Beach Mausoleum, and has no legal or scientific foundation whatsoever. Please do not hesitate to contact me should you have any questions or wish to discuss this matter further. Very truly yours, ~ , Richard A. Murdoch, Esq. ~ RAM/mjl cc: Boynton Beach Mausoleum, Inc. Mr. R. Brady Osborne, President City Council Members CALIFORNIA FLORIDA GEORGIA NEW ..JERSEY NEW YORK WASHINGTON. D.C. RAM/200258.00021R6050403_3/5/25/2005 10:19 AM Funeral Indifltl';:'Hs ,,'11'j! ....,.Y With Casket'~i~ig~ng Suit Consumers Claim Chains ~~\fh6~s~tO:,dO:s6~~But 'the, suit alleges that fl . neralhomes discourage such _ purchases b. . Thwart Use o"'Cheaper Comns ' ,bOOs~ing:pricesof other services, ~esplte feG . :J . 'JJ c" ' . eral.rules to prevent homes from tYlOg the sal L1.. 0 st 0 Ii t met Ret ilersofcaskets to other semces;., ,,' .L'10m . 0 c, n e a , .' "':':,ne s,uit:was filed by a law firm;:ieonstantin . 'Cannon,\.that has taken :~m big.. industries before /Last,year u:won settlements valued at mon , thanr$4 bUliontromYisaIntemational Inc. an CONSUMER ADVOCATES filed suit against : MasterCard Inc. for rules th'at.forced the na three of the biggest funeral-home chains tlon'~,retaUer(to!pay"stiff fees for .handlilll and the leading U.S. casket maker, a~eg- branded-debitCards;":' . . ing they conspired to keep price high and shut out ,.Bob"BiggiIls"president-elect of thl;! Nationa casket discounters such as Costco and the online Fun~ra(Directors.Association,. rejects the law retailers that have sprung up in recent years. co' 'suit'scIainlS(lfeonspiracy and says casket pdc The lawsuit, flIed Monday in federal court ~",~,' . .', . ,~~!.:ri:trn.to,page D4, Column 1 San Francisco, charges that the companies .en; }q;..,,<L,[.;:, '.' , ;,gage .in pJ;ice-fixing and sell caskets for asmu~;~ '. ~",as $~ltlm~.~~.~holesal~ ~~st. . , ".' . "been',: ,",.:.b v.;:...,.."'l\:"','lll-" Hit , By. JOHN R. WILKE try. The suit, Ie' on behalf of a' consUmer .. group and six families who say they were over- ' charged for caskets, seeks to be certified as, a :i class-action, representing milllons of casket " ers. If the, court grant~class-actioni'$tattiS companies' could.faceihUge"'potentiiu'; ". for overcharges;'~ing~bac1t'.to 2Q01~ ~'.'rentantiti'ust laW:'~Casket;,:sales-}inth .... . ":'taled ~b!>ut '$3 billloIi1iastye.ar.; h, "d; ';1 .', . .Adult . funerals in .the' U;~. average'.be . een.,:.i $5,500 and $6;000;' a cost that is rising despite:~ 'l, pressure from the growing popularity of less;.e:x~},! ( pensive cremation, industry analysts say. Caskets,~.;t are typically' the largest component . of . fuiier8:I~M costs. In response to rising prices :-.andctofeae'f81:;~ 1 rules meant. to encourage competitIon-there:iare;( " a growing number of discounters such asInteii1~~ii;:: ':1 based funeraldepot.com, as well as Costco'Ware;..c'Ij house Corp., which sells caskets for as little'iast.,; $950. At funeral homes, coffins typicallycost;,at;.,: I least twice that.;'.,:>.#;:~:: Named in the suit are the top three chaiD~;(~! controlling more than 2,100 funeral- homes.iri~\; eluding industry leader Service Corporation In- '1 ternational; Alderwoods Group Inc., and' stew..;;! ' art Enterprises Inc. The suit afso names as'a:' : co-conspirator Hillenbrand Industries. Inc:'S:; i Bat.esv,tlle Casket Co. unit, which is by far~e~t : natIOn s largest casket maker with nearly~half~:, the U.S. market. .";;. ~:;,:-d ' ~he suit also charges that the funeral:norn.ei j chams flout federal rules intended to 'proteCt~;, ' consumers. The rules permit people to buy'casl:i)' kets from anyone (or even build their own: cas~% ket if they wish) while prohibiting funeral diTeci~' tors from charging extra to customers',who';" .~'~~"""'''."~''"'~'''H;... Casket- Pricing Lawsuit Hits Funeral Industry Continued From Page D1 ing is a minor issue in funeral serviceS. "Whether you are a family-owned firm or a publicly traded corporation, the funeral is not about the casket, " he said. "It's about the services . and care provided to families in their hour of greatest need." The association, which repre- sents 22,000 fuheral directors across the country, is also named as a co-conspirator in the suit, a claim Mr. Biggins rejects. "The NFDA never gets involved in pricing; it's completely con- trary to our mission'," he said in an interview yesterday. ' Consumer Choice Mr. Biggins, who operates a funeral home in Rockland, Mass., said that funeral direc- tors want consumers to have choices. "At the same time, we Source: FTC, consumer-rights advocates have to be responsible business people, and run a profitable business to stay via- ble in today's economy," he said. A spokeswoman for Batesville de- clined to comment yesterday, saYing the company hadn't yet seen the suit. Offi- cials from SCI and Stewart declined to comment. Chaya Cooperberg, a spokes- woman for Alderwoods, said such claims are "without merit." In the lawsuit, the families claim- ing to have been overcharged paid from $2,200 to as much as $1,395 for caskets. "For years, funeral homes have conspired, to artificially inflate casket prices," said Joshua Slocum, ex- ecutive director for the lawsuit's lead plaintiff, the Funeral Consumers Asso- ciation, a nonprofit group based in South Burlington, Vt. While the lawsuit doesn't name a eluding Batesville, to avoid ad vertisingtheirprices in ori:terll keep customers in the dar! about lower-cost 'alternatives. An executive'at.' Costa (Which isn't a party to till suit) declined to comment. The funeral industry's r~ sponse to discounters under, scores the way the busineSl has been transformed in re- cent years. In many cities, the mom-and-pop, locally owned funeral home is becoming rare; national funeral-service conglomerates such as SCI, AI. derwoods and Stewart have bought up thousands of these local businesses. And individ. ual funeral' directors have formed powerful trade groups that lobby in Washington and state capitals. In the years since the Fed. eral Trade Commission im- posed rules on the industry, these lob- bies have succeeded in getting some state legislatures to limit casket sales to licensed funeral directors. These . laws have repeatedly been opposed by the FTC and overturned by the courts in recent years. In one instance, when striking down a Tennessee statute in 2002, an appeals court used strong language-saying the statutes "come close to striking us' with the force of a five-week-old dead fish," . and are "nothing more than. an attempt to prevent economic competition." The statutes can lead to casket markups by funeral directors of 250% to as much as 600%, the court found. In Mississippi, a federal court invali. dated a similar law in 2000, calling caskets "nothing more than a glOrified box" requir- ing no special skills or state license to sell. The Pitfalls of Pricing a Funeral Consumers have ~number of rights'when arranging a funeral. · The Federal Trade Commission enforces a "Funeral Rule" that lays outconsumers' rights, which are outlined at WNW. ftc.gov /bcp/ coniine/ pubs! services/funeral.htm. . Consumers are entitled to see a price list at the beginning of any discussion ,of arrangements. · It's advisable to pick up price lists from several funeral homes to compare pricing and options. · Ask to see a complete casket price list before viewing caskets. Sometimes, less costly caskets won't be on display for yiewing in a funeral home's showroom. · Families have the right to pick and choose the items they want in a funeral from the itemized price lists. It's not required to purchase a preset paCkage .' . · A funeral home isn't permitted to refuse service to a client who prefers to buy a casket from outside the funeral home. Nor can a handllngf8e be levied. specific figure, it estimates overcharges at "hundreds of millions, if not billions of dollars" since 2001, the statute of Iimi- tationsunder antitrust law. Any dam- ages awarded by the court could then be tripled under the same law, if the suit is successful. . Group Boycott The suit alleges that funeral directors have engaged in a group boycott of manu- facturers who deal with discounters, and claims that Batesville, the casket maker, ~li'S agreed to go along even though it is against its interests to turn awayalterna- tive distributors. Indeed, the suit quotes one supplier as saying that "distributing through wholesale clubs [such as Costco] would be a violation of the industry's un- written tradition." The suit also says fu- neral directors pressed manufacturers, in- Costco Adds Silk Urns to Funerat- Items Line Reuters News Service CHICAGO-First it was caskets. Now. Costco'Wholesale Corp. is sell- ing silk urns along with the usual warehouse-club assortment of bulk food, office supplies and bargain clothes. Renaissance Urn Co. offers urns. in a choice of colors including sage ., green, maroon or steel blue, avail- able at www.costco.com: They sell for $64.99. , "Today many families are choos- ing to scatter their loved ones and often they need to travel via air- plane to different parts of the coun- try or world to do so," Renaissance Urn said. ' . The silk urns meet U.S. trans- portation 'security guidelines and allow families to carry loved ones' remains on board, rather than hav- ing to check them as baggage. The urns are basically plastic- lined boxes covered in silk. Accord- o ing to Costco's. Web site, "these lightweight fabric urns are ideal for memorial services and scattering." Costco made headlines last year when it began selling caskets in a handful of stores in Illinois. Its Web site also lists traditional stone urns for $89.99. Costco's Web ,site said'standard delivery for the urns was seven to 10 days. ... "" Macau Development Plan Unveiled MACAU - Developer Stanley Ho un- I ve~led plans to build a 6.2 billion Hong Kong dollar ($195 million) entertainment and residential development in Macau,! the latest in a spree of investments ear- marked for the former Portuguese col- ony. Mr. Ho said he plans to build his clOceanus" project, covering 56,400 square yards, partly on . reclaimed land. Macau is in the throes of an invest- ment boom, fueled by a relaxation on visa rules that make it easier for many . mainland Chinese to visit. Mr. Ho told a news conference that his project would be launched within. a year ,and was scheduled to be com. pleted in 2009. The price tag excludes the land cost. ..; J. 27 28 29 30 31 32 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. 05- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RULE #24 OF THE CEMETERY RULES & REGULATIONS; ADDING A NEW RULE #27; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and 15 Regulations and does hereby recommend an amendment to the Rules and Regulations 16 Amended April 26, 2005; and 17 WHEREAS, upon recommendation from the Cemetery Board, the City 18 Commission has determined that it shall revise Rule #24; and 19 WHEREAS, upon recommendation from the Cemetery Board, the City 20 Commission has determined that it shall add a new Rule #27. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 23 Section 1. Each Whereas clause set forth above is hereby ratified as being true 24 and correct and incorporated herein by this reference; 25 Section 2. The City Commission of the City of Boynton Beach, Florida, 26 amends the Rules and Regulations of the Cemetery Board by amending Rule #24 to add the following: 24. As of the date of adoption of Resolution No. 04-065, on all new sales, the bodies placed in the Mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must be placed in a Ziegler style case. Plastic trays must be placed under the casket on all entombments in the Mausoleum, whether the bodies are embalmed or not. The funeral home will bear the cost of the Ziegler style :\CA\RESO\Administrative\Cemetery R&R - Create Rule 27 Amend 24.doc 1 2 3 4 5 case and plastic trays, but will pass that cost on to the purchaser. Human remains bein2 placed for entombment shall be in a 2asketed metal casket for Mausoleum usa2e. Section 3. The City Commission of the City of Boynton Beach, Florida, 6 amends the Rules and Regulations of the Cemetery Board by creating a new Rule #27, to 7 read as follows: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 27. Non-human remains shall not be buried in Bovnton Beach Memorial Park. Section 4. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _ day of , 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk :\CA\RESO\Administrative\Cemetery R&R - Create Rule 27 Amend 24.doc Meeting Minutes Cemetery Board Boynton Beach, Florida August 26,2004 The unplatted section next to Woolbright was mentioned and it was thought that this should be retained for use in the future for cremains, a mausoleum, or similar uses. The potential was for 120 spaces or 60 plots for this type of interment. The Board strongly felt that it would have to see the Cemetery in person to make a final recommendation to the City Commission. The Board decided to meet at the Cemetery at 5:30 p.m. on September 23 and tour it prior to the regular Board meeting. Secretary Prainito will do a telephone survey with the members and the day and time of this meeting may be changed according to the convenience of the members. D. Proposed Rule Change Regarding Protective Caskets A situation that arose during a disinterment from the mausoleum in the recent past led the Cemetery Board to research the Cemetery Rules. The Board wanted to answer the question of whether an interment in the mausoleum could include only a Ziegler case and not a sealed metal casket. Secretary Prainito researched the matter and found that prior to 1996 there was a Cemetery Rule calling for sealed metal caskets in the mausoleum. In 1996, the rule changed and there was no longer any reference to the rule requiring sealed metal caskets. The City Commission had acted on some rule changes recommended by the Cemetery Board, but there was no mention in the Cemetery minutes or the City Commission minutes of why the rule was omitted in 1996. Chair Enkoff spoke to the Mausoleum Manager, Brady Osborne, who did not recall the reason for the rule change. He did, however, feel that requiring a sealed metal casket would increase the City's liability in case a casket failed. He believed that a casket manufacturer could claim that they were not liable since they had provided a casket to the specifications of the City. After discussion, the Board decided to seek the advice of the City Attorney on this matter. Chair Enkoff stated that the Mausoleum that Mr. Osborne managed in Boca Raton required the sealed metal casket and to his knowledge, there were very few indoor mausoleums that did not require it. Chair Enkoff believed that the rule should be rei nstituted. Secretary Prainito will forward the question to the City Attorney and bring his response to the Board when she receives it. VIII. New Business None 4 ;Meeting Minutes Cemetery Board Boynton Beach, Florida October 28, 2004 Mr. Wildner pointed out that the Board has the option when replatting the road between Blocks 0 and E, not to sell all the newly platted lots. He recommended that the other plots be sold first before opening up this area. Mr. Balfe noted that this had been a prior practice in the 90s when the City held off selling plots in Blocks Y and W until plots in other areas were sold. Chairman Enkoff inquired about the status of the survey. Mr. Wildner noted that the survey was done only to determine the boundaries. If the Board wanted to replat, this would involve much more work and he anticipated that this would cost a lot more money. Ms. Morrison inquired how much the survey cost and Mr. Wildner thought that it cost around $4,000. Mr. Wildner recommended that the Parks staff go out for bids to determine the cost to replat the Cemetery. Chairman Enkoff inquired if this would have to be approved by the City Commission and Mr. Wildner responded that it would depend upon the cost. The City Manager can approve any expense up to $10,000. Anything over this amount would go to the City Commission. Mr. Wildner felt that staff would be able to obtain three bids for replatting before the next Cemetery Board meeting that would allow Board members to review the cost. After that, the Board could determine how it wanted to proceed. Mr. Wildner pointed out that it took several months to get bids for the first survey, but he felt that it might be possible to get bids for replatting by the next meeting. If this were not possible, the Board would review the bids whenever staff can produce them. Motion Secretary Prainito moved to request staff to seek bids to replat the Cemetery sections as discussed. Motion seconded by Chairman Enkoff and unanimously carried. D. Status of possible rule change regarding protective caskets Secretary Prainito reported that she sent a memo to the City Attorney regarding the Board's liability about instituting a rule change requiring protective caskets. She received E-mail from Attorney Cherof that stated, "The Board has the authority to implement a rule requiring sealed metal caskets for all interments, including temporary interments." Chairman Enkoff inquired if "interments" referred to "entombments." Secretary Prainito responded that Attorney Cherof was aware that she was asking about entombments in the Mausoleum because her memo was very specific. Therefore, she felt that the Board could now move forward with this recommendation. Mr. Wildner noted that Mr. Osborne has always been opposed to any restriction on the type of casket used for entombments. Mr. Osborne felt that the more money people spent on caskets, the less they would spend on a crypt. Further, Mr. Osborne felt it was the manufacturer's responsibility to provide a warranty for the casket. 4 :Meeting Minutes Cemetery Board Boynton Beach, Florida October 28, 2004 Chairman Enkoff noted that there are Mausoleums in the State of Florida that not only require a protective casket, but the body must be embalmed and the gauge of metal of the casket is also specified. He pointed out that this Board is not specifying the gauge of metal of the casket, but is requiring that a "metal gasketed (protective) casket" be used for entombment in the Mausoleum. Chairman Enkoff pointed out that the protective applies to "outside" elements, as well as nothing should be able to go from the inside to the outside. Secretary Prainito pointed out that the Board was concerned regarding the latter since there was a prior incident at the Mausoleum involving a leaking casket. Chairman Enkoff pointed out that when a manufacturer of a casket provides a warranty for their product, there is no liability on the part of the Cemetery or the purchaser of the casket. Chairman Enkoff would like to present a motion that this Board prepare and present a rule change to the City Commission to require a metal gasketed (protective) casket. Secretary Prainito pointed out that Mr. Osborne must be notified of any rule change involving the Mausoleum and he would then have 45 days to respond before the item goes to the City Commission. Mr. Wildner recommended that when Mr. Osborne is notified of the proposed rule change, the Board offer him an opportunity to present his comments at a Cemetery Board meeting. Motion Chairman Enkoff moved that City staff notify Mr. Osborne of the proposed rule change regarding metal gasketed (protective) caskets and that he provide his input by the November 18, 2004 meeting. Secretary Prainito suggested that the Board could make a motion to the City Commission regarding the rule change after Mr. Osborne attends the November meeting, When Secretary Prainito notified Mr. Osborne of a prior change, she invited him to the Board meeting to respond, but he did not attend. However, he did attend the City Commission meeting when the item was on the agenda and presented his comments at that time. Mr. Wildner reported that Ms. Jody Rivers was hired as his replacement and should be on staff after her contract is approved by the City Commission at its first meeting in November. Ms. Rivers was a former Parks Superintendent for the City of West Palm Beach and was in charge of the cemetery as well. Mr. Wildner assumed that Ms. Rivers would be speaking with Mr. Osborne regarding the Mausoleum operations that would provide her an opportunity to set up a working relationship with him, which Mr. Wildner thought would be beneficial to everyone. 5 Meeting Minutes Cemetery Board Special Meeting Boynton Beach, Florida December 16, 2004 VI. Receipt of Sales Reports - October & November 2004 Motion Ms. Morrison moved for approval. Motion seconded by Ms. Frazier and unanimously carried. VII. Unfinished Business A. Parks Division Report Mr. Balfe presented the Park's Report, a copy of which was included in the agenda packet. There were nine (9) Mausoleum entombments and fifteen (15) in-ground burials for a total of twenty-four (24) burials for the month. B. Update on Cemetery Survey Mr. Balfe reported that Timothy M. Smith Company, the company that originally did the survey, is no longer in business. Mr. Balfe contacted O'Brien, Suiter and O'Brien and spoke with Mr. Paul Engle of that company. Mr. Engle requested that he be furnished with a copy of the boundary survey so that he could provide a quote for the cost of the replatting. Mr. Balfe asked Secretary Prainito to furnish him with a copy of the survey and he would forward it, together with a breakdown of the additional work necessary for replatting the Cemetery. Mr. Balfe thought that he could have a quote available at the next meeting. Mr. Wildner noted that O'Brien, Suiter and O'Brien did the original survey of the Cemetery; however, Mr. Engle is the new owner of that Company and would not be familiar with what had been done in the past. Chairman Enkoff inquired if it was known how many new graves could be added. Mr. Wildner explained that before this could be determined, the replat process has to go through the City's Engineering Division and then be approved by the City Commission. Ms. Rivers inquired if the replatting would have to go through the TRC process, and Mr. Wildner stated that this was not necessary. C. Status of possible rule change regarding protective caskets Mr. Osborne inquired what prompted this rule change. Mr. Wildner stated that at one time the Cemetery had a rule that required that a certain type casket must be used for entombment in the Mausoleum. A few years ago, when there was discussion regarding various Cemetery rule changes, the City Manager at the time changed this rule. Secretary Prainito reported that this took place in 1996. In 1994 the Cemetery Rules and Regulations required sealed metal caskets. Somehow when these changes were made in 1996, the sealed metal casket requirement was eliminated. 2 Meeting Minutes Cemetery Board Special Meeting Boynton Beach, Florida December 16, 2004 Mr. Osborne stated that this rule was changed when the City decided to repurchase crypts. He was not in favor of having any rules governing the type of casket used in the Mausoleum. This decision should be made between the funeral director and his client. Mr. Osborne contended that if the City required a sealed casket, the City would become liable for this requirement. He further asserted that the malfunctioning of a casket should be the responsibility of the funeral home. He also pointed out that the three serious casket malfunctions over the years involved sealed caskets. Mr. Osborne explained that sealed caskets are equipped with a valve that allowed the gases to escape. If the valve malfunctioned, the pressure inside the casket built up to the point that the casket exploded. Mr. Wildner stated that the reason the Board wanted to address this issue was to make certain that the City would not be responsible in any way for the clean up and repair of any damage resulting from a defective casket. He felt that any damage resulting from a malfunctioning casket should be the responsibility of the casket manufacturer. Mr. Osborne pointed that the first such incident involved a casket sold by Scobee Combs Funeral Home. During the clean up, three crypt fronts were damaged and have never been replaced. The second incident occurred approximately two years ago without his knowledge. Lorne and Sons Funeral Home arranged for the clean up that involved a casket manufactured by Batesville Casket Company. These were the only two incidents until the last one that occurred in November 2003 that involved a crypt that leaked. Weiss Funeral Home had arranged the funeral and Jack Weiss refused to take any responsibility for the leakage. Mr. Osborne was of the opinion that it was the casket manufacturer's responsibility to address and clean up these types of situations. Chairman Enkoff reported that he invited a representative from Batesville Casket Company to attend tonight's meeting to address this, but he was unable to make the meeting. Batesville Casket Company is the largest casket manufacturer in the world and has an excellent reputation. Various casket manufacturers have informed him that wooden caskets should not be allowed in the Mausoleum, even if they were placed on a tray. The newer type wooden caskets now have inner liners, but are still not guaranteed. Mr. Osborne asserted that casket manufacturers were recommending this because they made more money selling metal caskets. Chairman Enkoff disagreed with this comment. Mr. Osborne pointed out that there is only one wooden casket in the Mausoleum that he is aware of and it has a case with a liner. Mr. Osborne felt if he were required to only have protective metal caskets in the Mausoleum, he would lose business because of the expense. Members disagreed with Mr. Osborne's assumption and felt that people were aware of the costs of a Mausoleum burial versus an in-ground burial. Ms. Rivers inquired what the purpose was in having only protective metal caskets in the Mausoleum and was informed that it was to prevent malfunctions of the casket. 3 Meeting Minutes Cemetery Board Special Meeting Boynton Beach, Florida December 16, 2004 Chairman Enkoff stated that malfunctions occur with protective metal caskets as well, but casket manufacturers provide a warranty to the purchaser. He knew of only a few malfunctions of a casket valve and any respectable company would stand by their product and replace the malfunctioning casket. Mr. Osborne pointed out that non-protective caskets allow gases to seep out gradually and do not build up within the casket. He felt that the City should not require protective sealed caskets in the Mausoleum. Secretary Prainito inquired if caskets were not sealed, would there be an issue of odors, and Chairman Enkoff stated that this would be the case. Mr. Osborne said that the Mausoleum was designed to address odors. Mr. Osborne stated that the only reason caskets malfunctioned was due to the valve on the casket not working properly and there has never been an incident involving an unsealed casket. Mr. Osborne did acknowledge that an unsealed casket could leak, but normally the funeral parlor would come out to the Mausoleum and correct it. Mr. Wildner pointed out that the problem with the last incident at the Mausoleum was due to the casket manufacturer not standing by their product. He felt that there should be some way to make the casket manufacturer stand by their product. Chairman Enkoff noted that the two largest casket companies stand by their products. Secretary Prainito pointed out that the issue of requiring a protective sealed casket arose when the City Clerk's Office received a telephone call from a funeral director. The funeral director informed her of a conversation that Mr. Osborne had with a person who was inquiring about an entombment. Mr. Osborne told this person that a casket was not required in the Mausoleum and a body could be placed only in a Ziegler case. As a result, the City Clerk's Office checked the Cemetery rules and found that the rule requiring a protective sealed casket had been eliminated. Mr. Osborne was of the impression that if a body was not embalmed, it had to be placed in a Ziegler case. Mr. Wildner stated that the intent was that a casket would be placed within the Ziegler case; not a body alone placed in the Ziegler case. Mr. Osborne felt that this should not be a requirement and that a body by itself could be placed in a Ziegler case without a casket for entombment in the Mausoleum. Ms. Hohner was totally aqainst allowinq a body to be entombed in only a Zieqler case. She felt that a Zieqler case was not a suitable container when the existinq rules require a casket. M& Hohner was totally against allov.'ing a body to be entombed only in a Ziegler case. She felt that this method would be ineffective in protecting the body. Mr. Osborne thought that the purpose of using a Ziegler case was to protect the Mausoleum when an unembalmed body was placed in the Mausoleum. Mr. Wildner stated that if a Ziegler case could provide the necessary protection, and if a family only wanted to use a Ziegler case without a casket, did the Board want to consider allowing this. Chairman Enkoff stated that the Board should handle these issues on a case-by-case basis. 4 Meeting Minutes Cemetery Board Special Meeting Boynton Beach, Florida December 16, 2004 Secretary Prainito felt that the requirement for a sealed casket was not a disadvantage to the Mausoleum, but was, in fact, a means to ensure the safety of the property and to protect the remains entombed in the Mausoleum. Mr. Osborne thought that requiring a sealed casket was unnecessary, since the three incidents at the Mausoleum involved sealed caskets. Mr. Osborne further stated that if a sealed casket became a requirement, it would hurt the residents of the City who would have to bear the cost of a more expensive casket. Secretary Prainito did not think that this was an issue that the Board had to address. Ms. Rivers responded that the main concern of this Board was to protect the City from any liability, which in turn protected the taxpayers. Chairman Enkoff did not think that money should be brought into the equation whatsoever. Ms. Rivers pointed out that the issue at hand was not funeral directors versus the Mausoleum, but was an issue between the City and the Mausoleum and requested that Mr. Osborne refrain from bringing costs into the discussion. Mr. Osborne stated that when the rule was made requiring a sealed casket, the entire Board was made up of funeral directors. Chairman Enkoff felt that funeral directors should serve on the Board since they are most familiar with the daily operations of cemeteries and mausoleums. Ms. Rivers further responded that the funeral directors that serve on the Board are necessary for their expertise in the area. Mr. Osborne asked what the advantage was to requiring a sealed casket in the Mausoleum. Chairman Enkoff noted that this would control odors and bodies should be embalmed and placed in a protective, sealed casket. Chairman Enkoff was aware of instances where bodies that were not embalmed and placed in an unsealed casket have exploded. Mr. Wildner reported that he spoke with a representative of Eternal Light Cemetery that allowed wooden caskets and unembalmed remains. They informed him that they do have problems that are anticipated and are considered normal in the operation of a mausoleum that follows the Jewish tradition. Eternal Light takes extra care to make sure that odors are controlled. Mr. Wildner inquired if the City wanted to require the Mausoleum to take extra precautions similar to the ones at Eternal Light Cemetery. The reason the Mausoleum only had three incidents in 25 years was due to the fact that metal, sealed caskets were required. Mr. Wildner suggested that the Board should require that all caskets going in the Mausoleum would come with a warranty and that the company would be responsible for all problems that arose from a defective casket. Chairman Enkoff pointed out that the warranties are in effect by years. Mr. Osborne felt that Chairman Enkoff was his competitor and that it was not fair to him to have Chairman Enkoff making rules that affect his business. Mr. Osborne also reported that the City of Boca Raton is researching the requirement of only using sealed metal caskets. Their research has revealed that most mausoleums that require sealed caskets are private and municipal mausoleums do not have this requirement. Secretary Prainito did not think that Chairman Enkoff was a competitor of Mr. Osborne just 5 Meeting Minutes Cemetery Board Special Meeting Boynton Beach, Florida December 16, 2004 because he was a funeral director. Being entombed in the Mausoleum or buried in the ground was an individual choice. Mr. Wildner inquired if the City of Boca Raton has made any decision based on their research. Mr. Osborne stated that no decision has been made at this point. Chairman Enkoff inquired if an unembaled body could be entombed in a wooden casket in the Boca Raton Mausoleum. Mr. Osborne thought that this would be allowed, but he would prefer a product that would protect the mausoleum. Secretary Prainito stated that this entire discussion was based upon protecting the Mausoleum and at the same time protecting City property and the City itself against any kind of liability. Mr. Osborne asserted that the City did not use a strong enough adhesive to prevent the fronts of the crypts from coming off. Mr. Wildner responded that there was no adhesive that would prevent the front of a crypt from blowing off that resulted from the type of explosion that recently occurred. Chairman Enkoff stated that when leakages occurred in Jewish Mausoleums, their staff immediately cleans up the leakage by using a compound to absorb the fluids. Mr. Osborne was opposed to funeral directors telling families that a person must be placed in a sealed casket, because this costs more. Ms. Rivers responded that it was not the funeral directors' responsibility to make these decisions. The City sets the rules and regulations for burials in the Cemetery and the Mausoleum. Mr. Osborne continually insisted that funeral directors wanted to sell expensive caskets, which were the sealed, metal caskets. Chairman Enkoff disputed this statement. Ms. Hohner noted that there were a great many unprotective caskets that were more expensive that protective caskets. Chairman Enkoff also felt that if a person could not afford to purchase a casket, they could not afford to purchase space in the Mausoleum. Mr. Osborne again stated that funeral parlors were out to make money. However, he never acknowledged that purchasing a crypt in the Mausoleum also cost money. Members of the Board took exception to Mr. Osborne's accusations of greed on the part of funeral directors without acknowledging that he too was in business to make money. Mr. Osborne felt it was less expensive to be entombed in the Mausoleum than to be buried in the ground. Ms. Rivers requested that the talk about money be concluded and that the issue at hand be addressed, which is how does the City protect itself. Secretary Prainito pointed out that this needed to be resolved because the rules and regulations are unclear. Secretary Prainito noted that the Cemetery Clerk arranged burials in accordance with a 1982 memo from Tereesa Padgett that stated "sealed, metal caskets" must be used. Mr. Osborne thought it might be feasible to invite a mausoleum builder to a meeting to explain how mausoleums were built and explain that it was totally unnecessary to require sealed, metal caskets. He noted that it was he who had the most vested interest in the Mausoleum over anyone else in the City. 6 Meeting Minutes Cemetery Board Special Meeting Boynton Beach, Florida December 16, 2004 Ms. Hohner asked Mr. Osborne how the Mausoleum was designed to deal with seepage of fluids. Mr. Osborne explained that each crypt is equipped with two vents on the bottom of the crypt to allow fluids and water to drain. At this point, due to the tone of the meeting, members felt it would be best to table the issue so that it could be discussed more amicably at a future meeting. Mr. Wildner recommended contacting the City of Boca Raton to determine the status of their research. Motion Ms. Hohner moved to table. Motion seconded by Ms. Morrison Chairman Enkoff requested that letters be sent inviting the Superintendent of the Queen of Peace Cemetery and a representative from a casket manufacturer to the next meeting. Vote The motion unanimously carried. D. Discuss the potential of engraving Mausoleum crypts and niches Mr. Balfe reported that he received quotes from two monument companies. Photos of nameplates done with lettering and names that were etched were presented. If the Board chose to use brass letters, it would cost approximately $207. If the names were etched, the cost would be approximately $85. Mr. Balfe explained that letters fall off, whereas etching was permanent and this was the method that he favored. Mr. Balfe had made inquires about the cost of purchasing a starter kit if the Board chose lettering and found the cost to be around $6,000. He recommended that if an owner's name were etched on a crypt and the City purchased it back, the cost of the new etching should be deducted from the purchase price. Mr. Wildner inquired if all the lettering would be replaced. Mr. Balfe responded that this new practice could begin on a certain date. Mr. Wildner stated that if the Mausoleum currently paid for the lettering and the City changed to etching on the new building only, there would be no cost to the City. Mr. Balfe noted that he has spoken to Mr. Osborne, and Mr. Osborne has agreed to pay to engrave the unsold crypts. Mr. Osborne responded that he would first have to consult with the people who purchased crypts to make sure they would prefer the etching, rather than the lettering. He noted that he had tried several times to get the Cemetery Board to agree to etched lettering, but was never successful. Mr. Wildner recalled that the Board was reluctant to change to etching since lettering was already being used. If the City decided to change to etching, it would require taking down the crypt front to do the etching and then putting it back up. 7 Meeting Minutes Cemetery Board Boynton Beach, Florida March 24, 2005 C. Discuss cremains burials Mr. Balfe would like to know how to handle a request to allow cremated animal remains being buried in a plot with human remains in the Cemetery. Mr. Wildner felt that this was more of a personal issue and allowing animal cremains in a cemetery designated for humans would offend some people. If this Board decided not to allow animal cremains in the Cemetery, it needs to be stated in the Cemetery Rules. After discussion, members decided that cremains of animals would not be allowed in the Cemetery and this rule would go to the City Commission for approval along with the other rule change requests. Motion Chair Enkoff moved that pets would not be allowed in the Boynton Beach Memorial Park Cemetery. Motion seconded by Ms. Hohner and unanimously carried. For clarification, Ms. Hohner recommended using the wording "non-human remains" that would include cremated remains. D. Set date for workshop to discuss Cemetery Rules & Regulations Mr. Balfe pointed out that the rules governing headstones were very vague. Currently the rule states that a headstone must be granite or marble with a 6" base. He would like wording added that it would have to be 4" solid granite or marble. Also he would like the 6" base requirement removed, because it is so heavy. He is not sure what the purpose of this requirement is. Mr. Wilder responded with the 6" base requirement was enacted several years ago because markers were being broken by vehicles driving over them. Requiring a 6" base provided more support for the headstone. Mr. Wildner recommended that all the Cemetery rules be reviewed at the workshop. Chair Enkoff inquired if outside parties would be invited to the workshop and members felt that this was not necessary. It was decided that a workshop for this purpose would be held on the Board's regular meeting date on April 28th in the Art Center at 6:00 p.m. Secretary Prainito will include a copy of the Cemetery Rules when the meeting minutes are sent out. The regular May meeting would be moved up to Thursday, May 12, 2004 and would be held in Commission Chambers at 6:00 p.m. E. Request by Lupita Delvalle for an exception on a headstone (previously addressed) IX. Other 8 The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org ,~~ ~e.>tl CERTIFIED MAIL #7002 0510 0002 5848 9489 March 25, 2005 MR. BRADY OSBORNE BOYNTON BEACH MAUSOLEUM, INC. 1611 SOUTH SEACREST BOULEVARD PO DRAWER 1429 BOYNTON BEACH, FL 33425 Dear Mr. Osborne: Please be advised that the Cemetery Board met on March 24, 2005 and unanimously voted to recommend to the City Commission that additional language be added to Rule #24 of the Cemetery Rules & Regulations dealing with the use of gasketed caskets at the Mausoleum. The revised rule would read as follow: "24. As of the date of adoption of Resolution No. R04-065, on all new sales, the bodies placed in the Mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must be placed in a Ziegler case. Plastic trays must be placed under the casket on all entombments in the Mausoleum, whether the bodies are embalmed or not. The funeral home will bear the cost of the Ziegler cases and plastic trays, but will pass that cost on to the purchaser. Human remains beina Dlaced for entombment shall be in a aasketed metal casket for Mausoleum usaae. In addition, the board members also discussed and unanimously voted to add a new rule to the Cemetery Rules & Regulations as follows: "26. Non-human remains shall not be buried in Boynton Beach Memorial Park." Please be advised that the Cemetery Board recommendation regarding the above mentioned changes will go to the City Commission for their consideration and adoption on June 7, 2005. Should you have any questions, please do not hesitate to contact me. Very truly yours, CIlY OF BOYNTON BEACH Janet M. Prainito, CMC City Clerk c: Cemetery Board; Kurt Bressner, Wally Majors, James Cherof, Jody Rivers, Tom Balfe, Cemetery Clerk, Central File, John Wildner S:\CC\WP\CEMETERY\Letters\RULE CHANGES\Intent to Amend Rules regarding Gasketed Caskets & burial of animal remains.doc America's Gateway to the Gulfstream NOTICE TO LOT OWNERS IN BOYNTON BEACH MUNICIPAL CEMETERIES Rules and Reaulations Amended April 19. 2005 GENERAL 1. Lot owners shall not allow interments to be made in their lots for remuneration; nor shall any transfer, assignment, or conveyance of any lot or any interest therein be valid without the consent in writing of the City of Boynton Beach and same endorsed upon such transfer, assignment or conveyance. No transfer, assignment, or conveyance of a lot can be made after an actual interment in it, except with the consent of the City of Boynton Beach after the body is lawfully removed therefrom. No disinterment shall be allowed except by the consent of the Board of Governors and upon written request of the owner or owners of the lot and in every case shall only be made by the proper authorities. (NOTE:, Authorized disinterment and shipment of body may be made only by a licensed funeral director licensed in Florida to another licensed funeral director at terminal point.) 2. The City of Boynton Beach is reluctant to interfere with the tastes of individuals in regard to the style of their improvements at the cemetery; but in justice to the interest of the whole and all cemetery lot owners, it reserves to itself the right of preventing or removing any erection, enclosure, monument, inscription, tree or shrub which is inconsistent with the purpose of these rules and which the City considers injurious to the grounds. Under no circumstances will Jots be allowed to have on them growing or live plants, trees, or bushes directly planted in the ground and such will be removed by City employees. 3. In addition to the grave marker, there will be a limit of three items placed on a grave site. In general, these three items can be those chosen by the owner, but must be able to be moved with one hand and flowers must be in a container that has a solid base so that it will easily stand erect or in a container with a point on the bottom that is easily stuck into the ground. These items must be tastefully placed at gravesites. Employees will, for cemetery maintenance purposes, move and replace these items with care, but the City does not accept responsibility for replacing broken items unless there is a clear negligence on the part of the City employees. (NOTE: City employees may remove any item placed on a gravesite that becomes untidy or unsightly to the appearance of the Cemetery.) 4. All lot enclosures of any kind whatever are prohibited. Corner stones properly numbered and set flush with the surface of the ground will be allowed. No brickwork will be allowed above ground level in any portion of the cemeteries. No mounds are permitted over graves. The grade of all lots will be determined by the Board of Governors. 5. No person shall be allowed to perform any modification or construction on a lot without a permit from the City. No money should be paid to any person in the employ of the City for services or attention, other than their salaries and wages paid by the City. 6. To protect the grounds and especially improved lots from injury, all excavations shall be made by the City. 7. All permanent grave markers must be ground level, of bronze, marble or granite material and placed on a six (6) inch concrete base, subject to proper permit and fees. 8. All temporary grave markers will be allowed for a period of six months from date of burial. Temporary markers will be removed by cemetery workers after that time. 1 9. All urns, vases, or grave markers damaged or lost will not be the responsibility of the cemetery. '" 1 O. No wooden boxes may be used for interment. Casket must be encased in a solid container _ concrete. container or vault. 11. The Board of Governors from time to time may initiate and recommend the laying out, altering, or closing of such avenues or walks and make such rules and regulations for the government and improvement of the cemetery as it may deem requisite and proper, subject to City Commission approval. 12. No purchaser shall be entitled to a deed to any lot nor will a burial be permitted in any lot until all accounts relating thereto and due the City are paid. 13. Lots, if not needed, may be returned to the City for a refund of the purchase price less 20 percent. The deed must be surrendered. No sign indicating that a lot is "For Sale" will be permitted on the grounds. 14. On Veterans' Day and other national holidays, the Veterans' organizations may join in memorial services at the cemeteries upon scheduling with the Secretary of the Cemetery Board, the City Clerk. MAUSOLEUM 15. Mausoleum Crypts or Niches - Prior to interment, an owner may transfer or resell the mausoleum crypt or niche provided the owner first obtains the written consent of the City of Boynton Beach and Boynton Beach Mausoleum, Inc. Such consent shall be given automatically provided that the new purchaser's name, address and phone number are on file with the City Clerk and an administrative fee equal to the cost of relettering the mausoleum, crypt, or niche is paid to Boynton Beach Mausoleum, Inc. After interment, resale or transfer of ownership shall be allowed only to the City of Boynton Beach at a cost of 50% of the original purchase price paid for the crypt or niche and provided that disinterment has occurred and implemented by the proper authorities. The City may not offer these crypts or niches for sale until the termination of the contract with Boynton Beach Mausoleum, Inc. No disinterment shall be allowed except by the consent of the BQard of Governors following written request by the owner or owners of the crypVniche and in every case shall only be made by the proper authorities. (NOTE: Authorized disinterment and shipment of body or remains may be made only by a licensed funeral director licensed in Florida to another licensed funeral director at terminal point.) 16. The City reserves to itself the right to approve any erection, enclosure, monument, inscription, tree or shrub. " 17. In addition to the bronze letters, there will be a limit of two emblems allowed per crypVniche. These bronze letters and emblems may be obtained from Boynton Beach Mausoleum, Inc., who is the City's exclusive sales agent, and shall be installed by the City of Boynton Beach. 18. No artificial flowers, except silk flowers, are permitted in or around Mausoleum buildings. All flowers must be placed in front of or near a particular crypt or niche and fresh flowers can remain for a maximum period of three (3) days. One (1) vas per crypt/niche will be allowed. Flowers must be in a container that has a solid base so that it will easily stand erect. Employees will, for maintenance purposes, move and replace these items with care, but the City does not accept responsibility for replacing broken items unless there is a clear negligence on the part of the City employees. After the third day, or in the case of silk flowers, when the Cemetery Manager determines that the flowers have 2 become unsightly, said flowers and holder shall be removed and disposed of in a manner acceptable to the Cemetery Manager." "No potted plants containing soil, perlite, or other loose materials are permitted in chapels or walkways in the Mausoleum. (Note: City employees may remove any item placed on a crypt/niche site that becomes untidy or unsightly, in the sole and absolute discretion of the City." 19. No person shall be allowed to perform any modification on anything without written permission from the City. No money should be paid to any person in the employ of the City for services or attention, other than their salaries and wages paid by the City. 20. All original sales of mausoleum crypts or niches shall be originated by Boynton Beach Mausoleum, Inc. Boynton Beach Mausoleum, Inc. shall then forward an executed request for the issuance of a certificate of ownership within 30 days which shall include the purchaser's complete name, address and phone number. Upon receipt of a request for the issuance of a certificate of ownership, the City shall is.sue a certificate of ownership and forward it to the purchaser within 14 days. There shall be no fee for issuance for the certificate of ownership. 21. Boynton Beach Mausoleum Inc. shall provide copies of every sales contract for each crypt/niche sold to the City within 30 days of the sale. There shall be no requirement for an annual audit. 22. Any veterans' organization may erect a flag and/or memorial at the entrance to the Mausoleum Chapel on Memorial Day. 23. The Board of Governors from time to time may recommend the altering of the Rules and Regulations for the government and improvement of the mausoleum as it may deem requisite and proper, subject to City Commission approval. At any time the Board of Governors proposes amending or altering the Rules and Regulations for the mausoleum, they must notify Boynton Beach Mausoleum, Inc. by certified mail return receipt requested of the proposed changes, at the same time any City Commission action is sought regarding the rules. Boynton Beach Mausoleum, Inc. shall be given forty-five (45) days from the date it receives notice of intended action by the Board of Governors prior to any City Commission action being taken. All Rules and Regulations shall be applied prospectively from the date of adoption. No Rule or Regulation shall be construed in a manner which would negate or alter any contractual right between Boynton Beach Mausoleum, Inc. and any party to a purchase agreement with Boynton Beach Mausoleum, Inc. or any contractual right between the City of Boynton Beach and Boynton Beach Mausoleum, Inc. 24. As of the date of adoption of Resolution No. R04-065, on all new sales, the bodies placed in the Mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must be placed in a Ziegler case. Plastic trays must be placed under the casket on all entombments in the Mausoleum, whether the bodies are embalmed or not. The funeral home will bear the cost of the Ziegler cases and plastic trays, but will pass that cost on to the purchaser. 25. In an adult grave, the following will be permitted: One (1) casket, plus one (1) cremains, or three (3) cremains. No more than three (3) markers will be permitted per adult grave. In the Replat section, two (2) cremains will be permitted in a cremains plot. No more than two markers will be permitted on a cremains plot in the Replat section. *26. The use of a concrete (at minimum) urn vault for cremated remains (cremains) in Boynton Beach Memorial Park shall be required. The cost of the vault will be borne by the funeral director. Revised 4/26/2005 9:48 AM *Resolution No. R05-064 S:\CC\WP\CEMEfERY\CEMEfERY RULES\RULES2005 - Revised 04-10-05 - Reso #05-064.doc 3 VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office D April 5, 2005 March 14,2005 (Noon,) [S1 June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF [S1 Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Request postponement of the ratification of the action of the South Central Regional Wastewater Treatment &. Disposal Board until luly 5, 199&. ., I \ ~ I 0," t,JA EXPLANATION: On April 21, 2005, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not ratify their action JJ.~ City Manager's Signature City Clerk's Office City Attorney / Finance / Human Resources S:\CC\WP\CCAGENDA\Agenda Request Memos\Agenda Item Request - SCRWTD - Revised for 06-07-05 Meeting.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.4. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5,2005 March 14,2005 (Noon.) [8J June 7, 2005 May 16,2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) 0 June 21,2005 June 6, 2005 (Noon) 0 May 3,2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Request postponement of the ratification of the action of the South Central Regional Wastewater Treatment & Disposal Board until July 5/ 2005. EXPLANATION: On April 21, 2005, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. PROGRAM IMPACT: None FISCAL IMPACT:, None ALTERNATIVES: Not ratify their action Jk-~ City Manager's Signature City Clerk's Office City Attorney I Finance I Human Resources ;' <::\CC\WPICCAGENDA\Agenda Request Memos\Agenda Item Request - SCRWTD _ Revised for 06-07-05 Meeting,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC Ros-a€>7 4l:-, RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF April 21, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 21, 2005 by a vote of 8-0 approve AUTHORIZATION FOR THE CHAIRMAN TO SIGN THE INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED WATER WITH BOYNTON BEACH. EFFECTIVE AS OF OCTOBER 1, 2005. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of M A'f ' ;A()()~ , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney ,+' R05-0B7 INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED IRRlGATION WATER THIS AGREEMENT entered into between SOUTH CENTRAL REGIONAL W ASTEW A TER TREATMENT AND DISPOSAL BOARD, with a mailing address of 1801 North Congress Avenue, Delray Beach, Florida 33445, hereinafter called "BOARD," and the CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of _ , Boynton Beach, Florida , hereinafter called "BOYNTON BEACH." WIT N E SSE T H: WHEREAS, BOARD maintains and operates an area-wide Wastewater Treatment System which is capable of producing reclaimed water which may be used for productive and beneficial purposes for agricultural and urban irrigation in accordance with local, state and federal guidelines; and WHEREAS, the BOARD is a Special District created by Interlocal Agreement between BOYNTON BEACH and the City of Delray Beach for the purpose oftreating wastewater produced by the customers of BOYNTON BEACH and the City ofDelray Beach, as well as producing reclaimed water therefrom .and distributing the same to BOYNTON BEACH and the City of Del ray Beach for redistribution to their customers; and WHEREAS, BOARD agrees to deliver reclaimed water and BOYNTON BEACH agrees to receive and beneficially use this reclaimed water for the purposes set forth in this Agreement; and WHEREAS, local governments are encouraged to implement programs for the use of reclaimed water by the State of Florida; and WHEREAS, BOARD has determined to assist the citizens of the BOARD's regional area who utilize large quantities of groundwater by making available reclaimed water as an alternative source of water supply; and WHEREAS, BOARD operates a reclaimed water program approved by the Department of Environmental Protection. NOW THEREFORE, based upon the foregoing, the parties agree to the following terms and conditions: I. TERM OF AGREEMENT, COSTS AND METERING BOARD shall deliver and BOYNTON BEACH shall accept and use reclaimed water to fulfill their irrigation needs, produced by BOARD at the South Central Regional Wastewater Reclaimation Plant unless the flow is unavailable. Such water shall be delivered to location(s), hereinafter the "delivery point," as described in Exhibit "A." BOARD shall perform its obligations of delivery of reclaimed water and BOYNTON BEACH shall perform its obligation of acceptance of such water as herein provided. (a) This Agreement shall be effective until terminated by either party. (b) The BOARD will make available to BOYNTON BEACH up to fifty percent (50%) of the reclaimed water produced by the Regional Facility. ( c) BOYNTON BEACH will pay to the BOARD a monthly consumption charge which will be adjusted annually effective October 1 of each year based upon the rate set by the BOARD. Notwithstanding the foregoing, in order to meet the fixed overload of the reuse system during the initial year of operation, BOYNTON BEACH, the BOARD and the City of Delray Beach each will need to guarantee a minimum purchase per month. -2- Accordingly, BOYNTON BEACH agrees to pay a minimum of Eighteen Thousand Six Hundred Dollars ($ I 8,600.00) per month regardless of the consumption charge for the volume of reclaimed water actually received being lower than minimum purchase during the first year of this Agreement, with the minimum purchase to be adjusted annually thereafter by the parties. To the extent that the BOARD shall incur a deficit in its reclaimed water revenues compared to the cost of producing same, BOYNTON BEACH agrees to pay to the BOARD fifty percent (50%) of such deficit. (d) BOYNTON BEACH acknowledges that the BOARD has other large users of reclaimed water, which currently have contracts with the BOARD. The BOARD will supply its reclaimed water customers based on their contract priority and their beneficial use of the water should a shortfall of supply occur. 2. USE OF RECLAIMED WATER: RESPONSIBILITY FOR IRRIGATION SYSTEM (a) BOYNTON BEACH shall use reclaimed water delivered by the BOARD for irrigation or for other non-potable purposes in any manner determined by BOYNTON BEACH, except that use, application and discharge of reclaimed water shall comply with local, state, and federal regulations. (b) BOYNTON BEACH shall be solely responsible for the operation and maintenance of all portions of the distribution and irrigation system located within the subject property boundaries specified in Exhibit "A," attached herewith. 3. WATER QUALITY BOARD agrees that reclaimed water delivered under this Agreement shall -3- meet or exceed the requirements of Chapter 62-610, Part III, Florida Administrative Code and the standards set forth in Exhibit "B." 4. VOLUME OF DELIVERY The normal operating pressure range for the reclaimed water system is between 50 psi and 70 psi. The BOARD will make every effort to deliver reclaimed water at a minimum pressure of 60 psi at point of delivery. Should BOYNTON BEACH wish to alter the reclaimed water operating delivery pressure, it shall be BOYNTON BEACH'S sole responsibility to furnish and install a pressure reducing valve or booster pump on the property side of the meter service. Reclaimed water shall be delivered by the BOARD to only one delivery point as mutually determined by the BOARD and BOYNTON BEACH. BOYNTON BEACH will be responsible for distribution on its property beyond said point. BOYNTON BEACH hereby provides a license to the BOARD to enter on BOYNTON BEACH'S property for the purposes of access to monitoring wells, if applicable for inspection, and to determine compliance of the use of reclaimed water of the distribution system. The BOARD will, at its expense, construct, operate, and maintain the transmission lines to the delivery point. BOYNTON BEACH shall not request more reclaimed water than can be beneficially used by BOYNTON BEACH. 5. DELIVERY OF RECLAIMED WATER UNDER ADVERSE CONDITIONS Unforeseen circumstances may necessitate modification of normal delivery of reclaimed water. If BOARD'S system or BOYNTON BEACH'S transmission or distribution system fails for reasons or events beyond either party's control; then, delivery of -4- reclaimed water under this Agreement may be interrupted or limited in quantity. The BOARD a,nd BOYNTON BEACH shall make all reasonable efforts to make prompt repairs to its respective system. Each party shall be obligated to the other to provide immediate oral notice of such failures so that alternate systems may be put into operation as soon as possible. Nothing in this agreement shall require the interconnection of the South Central Regional Wastewater Reclaimation Plant to provide additional flow to BOYNTON BEACH. 6. TEMPORARY SUSPENSION OF DELIVERY The BOARD may suspend delivery of reclaimed water should the quality ofthe reclaimed water exceed any of the parameters for water quality shown on Exhibit "B." Nothing in this Agreement shall prevent BOYNTON BEACH from keeping a permitted backup supply to replace this reclaimed water should it become unavailable for whatever reason. 7. OPERATION AND MAINTENANCE PRACTICES BOYNTON BEACH will apply reclaimed water in accordance with all appropriate local, state, and federal rules and regulations. Irrigation practices are to be limited to those areas permissible by the Department of Environmental Protection and identified in Exhibit "A" of the Agreement. Reclaimed water irrigation systems shall protect human health and the environment; which includes, but is not limited to, the following: (a) BOYNTON BEACH shall install Reclaimed Water advisory signs as appropriate. The signs shall be installed and properly maintained by BOYNTON BEACH around sites utilizing reclaimed water to designate the nature of the water and its non-potability. In compliance with applicable rules and the following items: -5- Property access points Along road frontage Along adjoining residential usage For (Spanish) speaking employees - use sign in Spanish For golf courses - sign at first and tenth tee (b) BOYNTON BEACH will take reasonable precautions to clearly identify reclaimed water irrigation systems to prevent inadvertent human consumption. (c) BOYNTON BEACH shall ensure that no cross-connections are made between the reclaimed water system and other water systems, which includes the installation of back flow prevention devices on the potable water system; and on existing wells that are to remain connected for either potable water usage or for irrigation system purposes. The installation of back flow devices shall adhere to BOYNTON BEACH'S (use), as amended. BOYNTON BEACH shall be responsible for ensuring the installation of the required backflow preventing devices. (d) BOYNTON BEACH shall take reasonable precautions to inform its employees, agents, residents, and invitees of the reclaimed water system, to prevent inadvertent human consumption. In addition, if applicable, BOYNTON BEACH shall inform all existing residents and new residents-regarding the proper use of reclaimed water. (e) All costs for operating and maintaining BOYNTON BEACH'S irrigation distribution system shall be paid by BOYNTON BEACH. 8. MONITORING (a) BOYNTON BEACH shall give its approval to the BOARD to conduct soil borings and locate monitoring wells, if applicable, on the property in areas agreeable -6- to BOYNTON BEACH so as not to interfere with BOYNTON BEACH'S operations. These monitoring wells shall be installed and sampled at periodic intervals by the BOARD, at its option. (b) The BOARD shall be responsible for all permits to install monitoring wells and responsible for abandonment of the well should it no longer be necessary for monitoring. 9. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS If for any reason during the term of this Agreement, governmental agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any change in the operation of the treatment, transmission and distribution systems or the application and use of reclaimed water by BOYNTON BEACH, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from performance thereof and this Agreement shall be amended by the parties hereto in conformity with such permits, approvals, or requirements. If continued performance of the Agreement is not possible, the Agreement shall be terminated. 10. TERMINA TION OF AGREEMENT Either party shall have the right to terminate this Agreement upon sixty (60) days written notice to the other party. 11. DISCLAlMER OR REPRESENTATION AND WARRANTIES The BOARD does not represent or warrant that the reclaimed water delivered shall increase the productivity ofthe land described in Exhibit "A" nor result in changes of any kind to the land, crops or vegetation. -7- 12. NOTICES All notices required or authorized under this Agreement shall be given in writing and shall be delivered by U.S. Mail or by hand delivery to the party or parties, addressed as follows: City of BOYNTON BEACH Boynton Beach, FL 33444 With a copy to: City Attorneys' Office Boynton Beach, FL 33444 South Central Regional Wastewater Treatment & Disposal Board 1801 North Congress Avenue BOYNTON BEACH, FL 33445 With a copy to: Robert W. Federspiel, P.A. Spinner, Dittman, Federspiel & Dowling, LLP 151 N.W. First Avenue BOYNTON BEACH, FL 33444 13. INSPECTION The BOARD shall have the right when reasonably necessary to allow BOARD employees or agents to enter upon the subject property to review and inspect BOYNTON BEACH'S operating practices, to inspect meters, irrigation equipment, monitoring wells, potential cross connections, flowage, and the like, as they relate to this Agreement. -8- 14. HOLD HARMLESS To the extent permitted by law, BOYNTON BEACH shall hold the BOARD, its agents, employees, assigns, contractors or subcontractors harmless for any damage caused by the BOARD'S inability to deliver water to the delivery point or for damage which occurs as a result of the quality of the reclaimed water so long as it meets the standards outlined in paragraph 3. 15. DISCLAIMER OF THIRD PARTY BENEFICIARIES This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue to, by reason hereof, or for the benefit of any third party not a party hereto. 16. SEVERABILITY If any part of this Agreement or any application thereof to any person or circumstance is declared invalid for any reason, then such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable and the remaining provisions of this Agreement, and all applications thereof not having been declared invalid, shall remain in effect. 17. APPLICABLE LAW This Agreement shall be construed according to the laws of Florida and any action regarding this Agreement shall be filed in the Fifteenth Judicial Circuit in and for Palm Beach County. 18. EXHffiITS AND ADDENDUM This Agreement incorporates the following exhibits and addendum which -9- are specifically made a part hereof. Exhibit "A" - Legal Description of Property and Map of the Property Exhibit "B" - Reclaimed Water Quality Parameters THIS WRITING (with Exhibits "A" and "B") constitutes the entire Agreement between the parties and has been entered into voluntarily and with independent advice and legal counsel and has been executed by the authorized representative of each party on the date written below. Modifications to and waivers of the provisions herein shall be made only in writing by the parties hereto. SIGNED AND SEALED this ~ day of A p r i 1 ,200L. SOUTH CENTRAL REGIONAL W ASTEW A TER TREATMENT AND DISPOSAL BOARD By:L C~ ~i<-<~ Printed Name: Muir C. Ferguson Title: Ch a i rpe r s on ATTEST: ~ ~y\ By: Printed Namt : Title: ~~ Q....... ,:...I..e.- Approved as to legal form and sufficiency: 4---> ~ Robe~. Feders~ . -10- ATTEST: City Clerk Approved as to legal form and sufficiency: By: Printed Name: Title: CITY OF BOYNTON BEACH By: Jerry Taylor, Mayor -11- INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED IRRIGATION WATER THIS AGREEMENT entered into between SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, with a mailing address of1801 North Congress Avenue, Delray Beach, Florida 33445, hereinafter called "BOARD," and the CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of _ , Boynton Beach, Florida , hereinafter called "BOYNTON BEACH." WIT N E SSE T H: WHEREAS, BOARD maintains and operates an area-wide Wastewater Treatment System which is capable of producing reclaimed water which may be used for productive and beneficial purposes for agricultural and urban irrigation in accordance with local, state and federal guidelines; and WHEREAS, the BOARD is a Special District created by Interlocal Agreement between BOYNTON BEACH and the City of Delray Beach for the purpose of treating wastewater produced by the customers of BOYNTON BEACH and the City of Delray Beach, as well as producing reclaimed water therefrom and distributing the same to BOYNTON BEACH and the City of Delray Beach for redistribution to their customers; and WHEREAS, BOARD agrees to deliver reclaimed water and BOYNTON BEACH agrees to receive and beneficially use this reclaimed water for the purposes set forth in this Agreement; and WHEREAS, local governments are encouraged to implement programs for the use of reclaimed water by the State of Florida; and WHEREAS, BOARD has determined to assist the citizens of the BOARD's regional area who utilize large quantities of groundwater by making available reclaimed water as an alternative source of water supply; and WHEREAS, BOARD operates a reclaimed water program approved by the Department of Environmental Protection. NOW THEREFORE, based upon the foregoing, the parties agree to the following terms and conditions: I. TERM OF AGREEMENT, COSTS AND METERING BOARD shall deliver and BOYNTON BEACH shall accept and use reclaimed water to fulfill their irrigation needs, produced by BOARD at the South Central Regional Wastewater Reclaimation Plant unless the flow is unavailable. Such water shall be . delivered to location(s), hereinafter the "delivery point," as described in Exhibit "A." BOARD shall perform its obligations of delivery of reclaimed water and BOYNTON BEACH shall perform its obligation of acceptance of such water as herein provided. (a) This Agreement shall be effective until terminated by either party. (b) The BOARD will make available to BOYNTON BEACH up to fifty percent (50%) ofthe reclaimed water produced by the Regional Facility. (c) BOYNTON BEACH will pay to the BOARD a monthly consumption charge which will be adjusted annually effective October 1 of each year based upon the rate set by the BOARD. Notwithstanding the foregoing, in order to meet the fixed overload of the reuse system during the initial year of operation, BOYNTON BEACH, the BOARD and the City of Delray Beach each will need to guarantee a minimum purchase per month. -2- Accordingly, BOYNTON BEACH agrees to pay a minimum of Eighteen Thousand Six Hundred Dollars ($18,600.00) per month regardless of the consumption charge for the volume of reclaimed water actually received being lower than minimum purchase during the first year of this Agreement, with the minimum purchase to be adjusted annually thereafter by the parties. To the extent that the BOARD shall incur a deficit in its reclaimed water revenues compared to the cost of producing same, BOYNTON BEACH agrees to pay to the BOARD fifty percent (50%) of such deficit. (d) BOYNTON BEACH acknowledges that the BOARD has other large users of reclaimed water, which currently have contracts with the BOARD. The BOARD will supply its reclaimed water customers based on their contract priority and their beneficial use of the water should a shortfall of supply occur. 2. USE OF RECLAIMED WATER RESPONSIBILITY FOR IRRIGATION SYSTEM (a) BOYNTON BEACH shall use reclaimed water delivered by the BOARD for irrigation or for other non-potable purposes in any matmer determined by BOYNTON BEACH, except that use, application and discharge of reclaimed water shall comply with local, state, and federal regulations. (b) BOYNTON BEACH shall be solely responsible for the operation and maintenance of all portions of the distribution and irrigation system located within the subject property boundaries specified in Exhibit "A," attached herewith. 3. WATEROUALITY BOARD agrees that reclaimed water delivered under this Agreement shall -3- meet or exceed the requirements of Chapter 62-610, Part ill, Florida Administrative Code and the standards set forth in Exhibit "B." 4. VOLUME OF DELIVERY The normal operating pressure range for the reclaimed water system is between 50 psi and 70 psi. The BOARD will make every effort to deliver reclaimed water at a minimum pressure of 60 psi at point of delivery. Should BOYNTON BEACH wish to alter the reclaimed water operating delivery pressure, it shall be BOYNTON BEACH'S sole responsibility to furnish and install a pressure reducing valve or booster pump on the property side ofthe meter service. Reclaimed water shall be delivered by the BOARD to only one delivery point as mutually determined by the BOARD and BOYNTON BEACH. BOYNTON BEACH will be responsible for distribution on its property beyond said point. BOYNTON BEACH hereby provides a license to the BOARD to enter on BOYNTON BEACH'S property for the purposes of access to monitoring wells, if applicable for inspection, and to determine compliance of the use of reclaimed water of the distribution system. The BOARD will, at its expense, construct, operate, and maintain the transmission lines to the delivery point. BOYNTON BEACH shall not request more reclaimed water than can be beneficially used by BOYNTON BEACH. 5. DELIVERY OF RECLAIMED WATER UNDER ADVERSE CONDITIONS Unforeseen circumstances may necessitate modification of normal delivery of reclaimed water. If BOARD'S system or BOYNTON BEACH'S transmission or distribution system fails for reasons or events beyond either party's control; then, delivery of -4- reclaimed water under this Agreement may be interrupted or limited in quantity. The BOARD and BOYNTON BEACH shall make all reasonable efforts to make prompt repairs to its respective system. Each party shall be obligated to the other to provide immediate oral notice of such failures so that alternate systems may be put into operation as soon as possible. Nothing in this agreement shall require the interconnection of the South Central Regional Wastewater Reclaimation Plant to provide additional flow to BOYNTON BEACH. 6. TEMPORARY SUSPENSION OF DELIVERY The BOARD may suspend delivery of reclaimed water should the quality of the reclaimed water exceed any of the parameters for water quality shown on Exhibit "B." Nothing in this Agreement shall prevent BOYNTON BEACH from keeping a permitted backup supply to replace this reclaimed water should it become unavailable for whatever reason. 7. OPERATION AND MAINTENANCE PRACTICES BOYNTON BEACH will apply reclaimed water in accordance with all appropriate local, state, and federal rules and regulations. Irrigation practices are to be limited to those areas permissible by the Department of Environmental Protection and identified in Exhibit "A" of the Agreement. Reclaimed water irrigation systems shall protect human health and the environment; which includes, but is not limited to, the following: (a) BOYNTON BEACH shall install Reclaimed Water advisory signs as appropriate. The signs shall be installed and properly maintained by BOYNTON BEACH around sites utilizing reclaimed water to designate the nature of the water and its non-potability. In compliance with applicable rules and the following items: -5- Property access points Along road frontage Along adjoining residential usage For (Spanish) speaking employees - use sign in Spanish For golf courses - sign at first and tenth tee (b) BOYNTON BEACH will take reasonable precautions to clearly identifY reclaimed water irrigation systems to prevent inadvertent human consumption. (c) BOYNTON BEACH shall ensure that no cross-connections are made between the reclaimed water system and other water systems, which includes the installation of back flow prevention devices on the potable water system; and on existing wells that are to remain connected for either potable water usage or for irrigation system purposes. The installation of back flow devices shall adhere to BOYNTON BEACH'S (use), as amended. BOYNTON BEACH shall be responsible for ensuring the installation of the required backflow preventing devices. (d) BOYNTON BEACH shall take reasonable precautions to inform its employees, agents, residents, and invitees of the reclaimed water system, to prevent inadvertent human consumption. In addition, if applicable, BOYNTON BEACH shall inform an existing residents and new residents regarding the proper use of reclaimed water. (e) All costs for operating and maintaining BOYNTON BEACH'S irrigation distribution system shall be paid by BOYNTON BEACH. 8. MONITORING (a) BOYNTON BEACH shall give its approval to the BOARD to conduct soil borings and locate monitoring wells, if applicable, on the property in areas agreeable -6- to BOYNTON BEACH so as not to interfere with BOYNTON BEACH'S operations. These monitoring wells shall be installed and sampled at periodic intervals by the BOARD, at its option. (b) The BOARD shall be responsible for all permits to install monitoring wells and responsible for abandonment of the well should it no longer be necessary for monitoring. 9. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS If for any reason during the term of this Agreement, governmental agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any change in the operation of the treatment, transmission and distribution systems or the application and use of reclaimed water by BOYNTON BEACH, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from performance thereof and tills Agreement shall be amended by the parties hereto in conformity with such permits, approvals, or requirements. If continued performance of the Agreement is not possible, the Agreement shaJrbe terminated. 10. TERMINATION OF AGREEMENT Either party shall have the right to terminate tills Agreement upon sixty (60) days written notice to the other party. 11. DISCLAIMER OR REPRESENTATION AND WARRANTIES The BOARD does not represent or warrant that the reclaimed water delivered shall increase the productivity of the land described in Exhibit "A" nor result in changes of any kind to the land, crops or vegetation. -7- 12. NOTICES All notices required or authorized under this Agreement shall be given in writing and shall be delivered by U.S. Mail or by hand delivery to the party or parties, addressed as follows: City of BOYNTON BEACH Boynton Beach, FL 33444 With a copy to: City Attorneys' Office Boynton Beach, FL 33444 South Central Regional Wastewater Treatment & Disposal Board 1801 North Congress Avenue BOYNTON BEACH, FL 33445 With a copy to: Robert W. Federspiel, P.A. Spinner, Dittman, Federspiel & Dowling, LLP 151 N.W. First Avenue BOYNTON BEACH, FL 33444 13. INSPECTION The BOARD shall have the right when reasonably necessary to allow BOARD employees or agents to enter upon the subject property to review and inspect BOYNTON BEACH'S operating practices, to inspect meters, irrigation equipment, monitoring wells, potential cross connections, flowage, and the like, as they relate to this Agreement. -8- 14. HOLD HARMLESS To the extent permitted by law, BOYNTON BEACH shall hold the BOARD, its agents, employees, assigns, contractors or subcontractors harmless for any damage caused by the BOARD'S inability to deliver water to the delivery point or for damage which occurs as a result of the quality of the reclaimed water so long as it meets the standards outlined in paragraph 3. 15. DISCLAIMER OF THIRD PARTY BENEFICIARIES This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue to, by reason hereof, or for the benefit of any third party not a party hereto. 16. SEVERABllJTY If any part of this Agreement or any application thereof to any person or circumstance is declared invalid for any reason, then such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable and the remaining provisions of this Agreement, and all applications thereof not having been declared invalid, shall remain in effect. 17. APPLICABLE LAW This Agreement shall be construed according to the laws of Florida and any action regarding this Agreement shall be filed in the Fifteenth Judicial Circuit in and for Palm Beach County. 18. EXHIBITS AND ADDENDUM This Agreement incorporates the following exhibits and addendum which -9- are specifically made a part hereof. Exhibit "A" - Legal Description of Property and Map of the Property Exhibit "B" - Reclaimed Water Quality Parameters THIS WRITING (with Exhibits "A" and "B") constitutes the entire Agreement between the parties and has been entered into voluntc,rrily and with independent advice and legal counsel and has been executed by the authorized representative of each party on the date written below. Modifications to and waivers ofthe provisions herein shall be made only in writing by the parties hereto. SIGNED AND SEALED this ~ day of A p r i 1 ,2002-. SOUTH CENTRAL REGIONAL W ASTEW A TER TREA TMENT AND DISPOSAL BOARD BY:~ C-~r<-- Printed Name: MlIlr r Fprgllc:nn Title: Ch a i rpe r s on ATTEST: ~te~!,( '"' Title: ~~c~hv.. t>\.f";G.6,,.. -. Approved as to legal form and sufficiency: ROb~~1 -10- ATTEST: City Clerk Approved as to legal form and sufficiency: By: Printed Name: Title: CITY OF BOYNTON BEACH By: Jerry Taylor, Mayor -11- ROb-DB7 -#:4 ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of ,2005, by and between thSOUTHCENTRALREGIONAL WASTEWATER TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter 163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON." WITNESSETH; WHEREAS, the BOARD has heretofore entered into that certain Agreement with Delray Dunes Golf and Country Club, concerning delivery and acceptance of reclaimed water dated the 18th day of January, 1996, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water Agreement;" and WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach; and WHEREAS, in order to implement such modification and the mode of operation as above described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such assignment, shall assume all of the rights, duties and obligations of the BOARD under said Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one party to the other, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed Water Agreement to BOYNTON, effective the 1st day of October, 2005. 2. ,BOYNTON hereby agrees to accept and assume all rights, benefits and obligations created under the said Reclaimed Water Agreement pursuant to this assignment. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day and year first above written_ SOUTH CENTRAL REGIONAL WASTEWATER T ENT AND DISPOSAL BOARD ~ APPROVED AS TO FORM ~L} BOPd AttorneY ATTESTED BY: Secretary APPROVED AS TO FORM City Attorney CITY OF BOYNTON BEACH By: Mayor ROb -087 -#:-4 ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of ,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter 163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH~ FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON." WITNESSETH; WHEREAS, the BOARD has heretofore entered into that certain Agreement with Delray Dunes Golf and Country Club, concerning delivery and acceptance of reclaimed water dated the 18th day of January, 1996, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water Agreement;" and WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach; and WHEREAS, in order to implement such modification and the mode of operation as above described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such assignment, shall assume all of the rights, duties and obligations of the BOARD under said Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one party to the other, the receipt and adequacy of which is hereby acknowledged, the parties hereby agre-e as follows: 1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed Water Agreement to BOYNTON, effective the 1st day of October, 2005. 2., BOYNTON hereby agrees to accept and assume all rights, benefits and obligations created under the said Reclaimed Water Agreement pursuant to this assignment. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day and year first above written. SOUTH CENTRAL REGIONAL W ASTEW A TER A TMENT AND DISPOSAL BOARD e~ ~ Muir /' APPROVED AS T910RM rl~1 BO'd Attorney ATTESTED BY: Secretary APPROVED AS TO FORM City Attorney CITY OF BOYNTON BEACH By: Mayor l\D5-081 ~4 ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of ,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter 163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON." WITNESSETH; WHEREAS, the BOARD has heretofore entered into that certain Agreement with The Country Club of Florida, concerning delivery and acceptance of reclaimed water dated the 18th day of January, 1996, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water Agreement;" and WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach; and WHEREAS, in order to implement such modification and the mode of operation as above described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such assignment, shall assume all of the rights, duties and obligations of the BOARD under said Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one paT!y to the other, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed Water Agreement to BOYNTON, effective the 1st day of October, 2005. 2. BOYNTON hereby agrees to accept and assume all rights, benefits and obligations created under the said Reclaimed Water Agreement pursuant to this assignment. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day and year first above written. SOUTH CENTRAL REGIONAL W ASTEW A TER /7TREA TMENT AND DISPOSAL BOARD ------ By: t-7 F, / Printed Name: Ml1 ; r APPROVED AS TO FORM B~tto;n;/f ATTESTED BY: Secretary APPROVED AS TO FORM City Attorney CITY OF BOYNTON BEACH By: Mayor p.p5-()~ 7 . ~4 ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of ,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter 163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON." WITNESSETH; WHEREAS, the BOARD has heretofore entered into that certain Agreement with The Country Club of Florida, concerning delivery and acceptance of reclaimed water dated the 18th day of January, 1996, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water Agreement;" and WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach; and WHEREAS, in order to implement such modification and the mode of operation as above described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such assignment, shall assume all of the rights, duties and obligations of the BOARD under said Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one party to the other, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed Water Agreement to BOYNTON, effective the pt day of October, 2005. 2., BOYNTON hereby agrees to accept and assume all rights, benefits and obligations created under the said Reclaimed Water Agreement pursuant to this assignment. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day and year first above written. SOUTH CENTRAL REGIONAL WASTEWATER TREA TlYIENT AND DISPOSAL BOARD ) ~ )By: .t- ~ Printed Name: Mu 1 r C. Chainnan ATTESTED BY: Secretary APPROVED AS TO FORM City Attorney CITY OF BOYNTON BEACH By: Mayor Pt:>5 - DB 7 :7 ~ t.l ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of ,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter 163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON." WITNESSETH; WHEREAS, the BOARD has heretofore entered into that certain Agreement with Hunters Run Golf& Racquet Club, concerning delivery and acceptance of reclaimed water dated the 17th day ofJanuary, 1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water Agreement;" and WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach; and WHEREAS, in order to implement such modification and the mode of operation as above described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such assignment, shall assume all of the rights, duties and obligations of the BOARD under said Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one party to the other, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed Water Agreement to BOYNTON, effective the 1 st day of October, 2005. 2., BOYNTON hereby agrees to accept and assume all rights, benefits and obligations created under the said Reclaimed Water Agreement pursuant to this assignment. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day and year first above written. SOUTH CENTRAL REGIONAL WASTEWATER NT AND DISPOSAL BOARD .~ E. ~^^~ Printed Name: Mil i r r. _ F ~ r 811 ~ n n Chairman APPROVED AS TO FORM Bolornd A TTESTED BY: Secretary APPROVED AS TO FORM City Attorney CITY OF BOYNTON BEACH By: Mayor K05-0B7 _4Fy ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of ,2005, by and between thSOUTHCENTRALREGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter 163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON." WITNESSETH; WHEREAS, the BOARD has heretofore entered into that certain Agreement with Hunters Run Golf & Racquet Club, concerning delivery and acceptance of reclaimed water dated the 17th day of January, 1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water Agreement;" and WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach; and WHEREAS, in order to implement such modification and the mode of operation as above described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such assignment, shall assume all of the rights, duties and obligations of the BOARD under said Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one party to the other, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed Water Agreement to BOYNTON, effective theIst day of October, 2005. 2.,BOYNTON hereby agrees to accept and assume all rights, benefits and obligations created under the said Reclaimed Water Agreement pursuant to this assignment. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day and year first above written. SOUTH CENTRAL REGIONAL WASTEWATER MENT AND DISPOSAL BOARD 'l -r-yJ APPROVED AS TO FO)1M 'I-, /7 Boaf(J~ttorney - ATTESTED BY: Secretary APPROVED AS TO FORM City Attorney CITY OF BOYNTON BEACH By: Mayor ',. AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AND HUNTERS RUN GOLF & RACQUET CLUB CONCERNING DELIVERY AND ACCEPTANCE OF RECLAIMED WATER THIS AGREEMENT is made and entered into on this dc~ \1 day of ~, by and between South Central Regional Wastewater TreatmeA~~And Disposal Board, a municipal corporation created pursuant to the laws of the State of Florida (hereinafter BOARD), and Hunters Run Golf & Racquet Club, (hereinafter RECIPIENT). Accordingly, for and in consideration contained herein, mutual understandings contained herein, and other consideration, sufficiency of which is hereby acknowledged the parties covenant and agree as follows: of the recitals and agreements the receipt and by the parties, SECTION 1. Recitals. The below recitals are true and correct and form a material part of this Agreement. 1.1 The parties hereto represent td one another that each has the full power and authority to enter into this Agreement and to carry out their respective obligations thereunder. The BOARD is composed of the Cities of Boynton Beach and Delray Beach (the "Cities"), pursuant to an Interlocal Agreement entered into pursuant to Chapter 163, Florida Statutes. 1.2 The parties recognize that reuse of Reclaimed Water is in the public interest, as it recaptures an otherwise wasted and unused water resource. The BOARD owns and operates wastewater facilities which it proposes to upgrade to produce Reclaimed Water suitable for irrigation o-f areas, such as golf courses, parks, school grounds and cemeteries, and RECIPIENT is willing to accept such Reclaimed Water for irrigation purposes in the public interest. 1.3 In a norma l- year, RECIPIENTS will irrigate appr~ximately 240 days and most of RECIPIENT'S daily requirements will be needed during approximately 12 hours commenc ing about sundown. BOARD agrees to use its best efforts to supply Reclaimed Water on demand to RECIPIENT up to the volwne and at the charge set forth in this Agreement. RECIPIENT has valuable golf courses that require access to such Reclaimed Water and has expended substantial money and effort and has fo~egone other avenues to meet its irrigation requirements in reliance on this Agreement. The BOARD is not required to upgrade its wastewater system to produce Reclaimed Water but is doing so in reliance upon the RECIPIENT entering into this Agreement. 8-6-96 REUSE/HUNTERSRUH/DELIVER2.AGR 1 1.4 The RECIPIENT owns and controls land which is described in Exhibit "An (the "Property"), attached and made a part hereof by reference. 1.5 RECIPIENT agrees to: (a) irrigate the Property using Reclaimed Water; (b) maintain the storage facility, if applicable, ponds and lakes, if applicable, pumps and irrigation system to be located on the Property from the point of delivery; and (c) upgrade its irrigation system when reasonable and economical to utilize the volume of Reclaimed Water accepted from the BOARD and as required to meet any federal, state, or local requirements, (d) maintain compliance with the operating restrictions for protecting human health and the environment attached thereto as Exhibit "B". 1.6 Recipient shall accept the Reclaimed Water delivered by the BOARD and use it for irrigation of the Property. The BOARD shall be deemed to be in possession and control of the Reclaimed Water until it shall have been delivered to the RECIPIENT at the Point of Delivery. After such delivery, the RECIPIENT shall be deemed to be in possession and control thereof. 1.7 The RECIPIENT agrees to maintain all Federal, State and governmental permits issued to it and necessary to allow it to receive and utilize the Reclaimed Water pursuant to the terms of this Agreement. 1.8 The right of the RECIPIENT to sell, transfer or encumber the Property in areas irrigated with the Reclaimed Water shall not be restricted by this Agreement. This Agreement shall run with the land so long as the use of a major portion of the Property shall continue to be for golf course and related purposes. Any subsequent party in interest to such golf course or courses shall be -obligated to receive and pay for Reclaimed Water under the same terms and conditions of this Agreement, unless modified by mutual consent of the BOARD and the buyer or transferee. 1.9 METER. The design and construction of the metering facility shall be the responsibility of the BOARD and must be mutuaily approved in advance in writing by BOARD and RECIPIENT. The meter will be utilized to measure the amount of R~claimed Water delivered by the BOARD to RECIPIENT and the BOARD shall operate, maintain, cause to be calibrated, and repair said meter. 1.10 CONSTRUCTION. Upon completion of the engineering design of the metering facility, and the acceptance of same by both parties, the metering facility will be constructed by the BOARD and placed into service. 8-6-96 REUSE/HUNTERSRUH/DELlVERZ.AGR 2 1.11 COSTS AND OPERATION. The BOARD shall bear the cost of constructing, owning and maintaining the Reclaimed Water meter and related appurtenances and the lines interconnecting BOARD's system into the metering facility, including all valves and appurtenances up to and including the discharge flanges of the valves immediately downstream of the meter. The parties agree that the RECIPIENT shall have reasonable access to the metering facility, to all other Reclaimed Water meters, check valves, and any other appurtenances thereto, to verify flows, meter readings, meter calibrations, efficiency of the check valves, and any other performance data necessary to the operations of the Interconnection facility upon reasonable advance notice to the Board. The metering device shall be tested and calibrated, at BOARD's expense, at least once. per year and repaired if required. Any errors in meter reading and any discrepancy in meter results from a true and correct measure of Reclaimed Water flow to RECIPIENT shall be adjusted properly and retroactively to reflect the flow to RECIPIENT. Any incorrect metering device shall be repaired forthwith by the BOARD. 1.12 This agreement has been duly authorized by all named parties. Pursuant to Section 3 (C) of the Interlocal Agreement dated December 26, 1974, between the City of Boynton Beach and the City of Delray Beach, this Agreement and all provisions thereof have been contractually approved by a majority vote of each City Council as the act of each City, or, if such approval has not already been obtained, such approval will be obtained and certified to RECIPIENT before this Agreement shall become effective. SECTIQN 2. Definitions. The parties agree that in construing this Agreement, the following words, phrases and terms shall have the following meanings, unless the context requires otherwise: 2.1 "Agreement" means this Agreement between BOARD and RECIPIENT. 2.2 "FDEP" means the Florida Department of Environmental Protect~on, and its s~ccessors. 2.3 "Fiscal Year" means October 1 to September 30 of the following year. 2.4 "GPD" means gallons per day. 2.5 "Irrigation system" means those pump stations lines, pipes, sprinkler heads, ponds and lakes, storage facilities, if applicable, and pertinent equipment that are located on RECIPIENT's property and used to store, spray and irrigate with Reclaimed Water that has been treated in accordance with 8-6-96 REUSE/HUNTERSRUH/OELlVERZ.AGR 3 all applicable governmental regulations and in accordance with the terms and provisions of this Agreement. 2.6 "MGDU means million gallons per day. 2.7 "Point of delivery" means the point at which divides the BOARD's wastewater facilities RECIPIENT's irrigation system, or as otherwise engineering drawings approved by both parties. the meter from the noted on 2. B uReclaimed Wateru means wastewater that has been treated in accordance with Section 3.4 of this Agreement. 2.9 uReclaimed Water Disposal Facilities" means those facilities necessary for the storage, if applicable, transportation and disposal of wastewater previously treated in accordance with applicable local, state and federal standards and limitation at the plant to the standard of Reclaimed Water. These facilities include, but are not limited to, any Reclaimed Water transmission facilities, irrigation systems and storage facilities, if applicable. 2.10 "Reclaimed Water Transmission Facilitiesu means the BOARD's facilities used to transmit Reclaimed Water. 2.11 "Storage Facilities" means those facilities which may be designed, permitted and constructed on the Property, if applicable, or upon the BOARD's property, if applicable, and which are necessary to store and hold Reclaimed Water in a manner that complies with regulatory requirements. 2.12 "Wastewater" means the product received by the wastewater treatment facility for treatment. 2.13 "Wastewater Facilitiesu means the BOARD's plant located at 1801 North Congress Avenue, Delray Beach, Florida, and Reclaimed Water transmission facilities, including all interceptors, lines, pipes, meters, couplings, pumps, force mains, and appurtenant equipment necessary to treat and transmit the Reclaimed Water. SECTION 3. Grant of Licenso and Easement. ReCIPIENT hereby grants to BOARD an easement over the Property, including a1S foot. utility easement to be mutually agreed upon and located in the approximate location depicted on Exhibit "e" attached hereto, to allow construction, operation, maintenance and repair of the BOARD's Reclaimed Water transmission main to the point of delivery, and the right to transmit, deliver and dispose of Reclaimed Water through the irrigation system and storage facility, if applicable, on the Property in accordance with and subject to the following conditions: 8-6-96 REUst/HUHTtRSRUH/DELlVER2.AGR 4 3.1 Desiqn and installation of Certain Facilities. BOARD agrees to design, permit, install and operate improvements and additions at its existing wastewater treatment plant, and the BOARD's Reclaimed Water transmission facilities, and to Permit effluent disposal facilities in order to provide Reclaimed Water at the point of delivery. RECIPIENT agrees to design, permit, install and operate, at its sole expense, any storage facili ty, if applicable, and the irrigation system on the Property up to the point of delivery. 3. 2 Permits and Approval for the Irriqation Svstem. Recipient shall be responsible, in cooperation with Board, for obtaining and maintaining necessary governmental permits and approvals in order to install and operate the irrigation system: provided, however, that Board shall be responsible for obtaining and maintaining all permits for Reclaimed Water disposal facilities. For all wastewater facilities located on its side of the point of delivery, Board shall be solely responsible for obtaining, compiling, providing and complying with all monitoring, sampling, testing, and reporting requirements for the Reclaimed Water, which may be imposed by government law, rule, permit, or approval. Recipient shall grant Board upon reasonable advance notice to RECIPIENT access to the irrigation system as needed to assure continued compliance with applicable laws and regulations, including, but not limited to, any monitoring or testing requirements. 3.3 A. Delivery of Reclaimed Water. BOARD agrees to use . its best efforts to make available, and deliver in the volume and at the times requested, an annual volume of Reclaimed Water of at least 182.5 million gallons per year (MGY) , with maximum volume anyone day up to but not to exceed 500,000 gallons per day (GPO), at a rate of 1,042 gallons per minute (GPM) , for use on the Property and, at its cost, to connect the BOARD's Reclaimed Water transmission facilities to RECIPIENT's irrigation system at the point (s) of delivery agreed upon and as shown in Exhibit "C". Both RECIPIENT and BOARD recognize that water supply and demand will vary depending on a number of factors, primarily climatic conditions. B. Storaqe. The RECIPIENT shall maintain, in compliance with all applicable laws and regulations, the nec~ssary storage facilities on their property at their sole expense. 3.4 Quali tv of Reclaimed Wat~r. BOARD shall make available to RECIPIENT Reclaimed Water of a quality consistent with the requirements of "public access" treatment levels as set forth in Chapter 17-610, Florida Administrative Code, or its successor Code provisions, or of a quality consistent with more stringent requirements that may be imposed by any governmental agency having jurisdiction and legal authority. 8-6- 96 REUSE/HUNTERSRUN/DELIVER2.AGR 5 In recognition of the need to supply Reclaimed Water, the BOARD shall also be required to comply with effluent limitations set forth in Exhibit "D". All Reclaimed Water made available by BOARD under this Agreement shall, at a minimum, have been treated by advanced treatment methods to remove harmful levels of bacteria, viruses, and other constituents or pollutants which could constitute a danger to human health, and in accordance with all applicable f~deral, state and local laws, rules, regulations, policies, ordinances, resol utions , orders and permits and the requirements of Exhibit "0". BOARD shall provide continuous monitoring of chlorine and turbidity, as well as other required ground and surface water quality sampling and monitoring of Reclaimed Water as required by local, state and federal regulations and by Exhibit.. D" _ BOARD agrees to divert away as expeditiously as possible, from the irrigation system, any Reclaimed Water which does not comply with the terms and conditions of this Agreement or which does not meet the applicable state, federal or local laws and regulations and to promptly and fully notify RECIPIENT of such action. Copies of all test results shall be available to RECIPIENT upon request. 3.5 Minimum Purchase of Reclaimed Water by RECIPIENT. Upon completion of construction of the wastewater facilities and continuing for so long as BOARD complies with the requirements set forth in this Agreement, RECIPIENr has an obligation to pay for at least 182.5 million gallons annually of Reclaimed Water for spray irrigation on the Property, subject to conditions as set forth in Section 3.3 of this Agreement. Notwithstanding anything to the contrary, Recipient shall not be obligated to accept delivery of or pay for Reclaimed Water which does not comply with the terms and conditions of this agreement. Such exception to RECIPIENT'S obligation to accept delivery of such Reclaimed Water by reason of the Board's failure. to meet the water quality standards required in this Agreement shall relieve RECIPIENT of its obligation to pay BOARD. for the minimum annual volume set forth above at the rates determined pursuant to Paragraph 5 below only to the extent that the BOARD shall not have made available to RECIPIENT such annual minimum volu~epf Reclaimed Water meeting the requirements of this Agreement through the completion of the then current fiscal year. Recipient shall not transfer the water provided by Board to any third party or off of the Recipient's property which is the subject of this agreement. 3.6 ~CIPIENT shall be responsible for all maintenance of water and its irrigation system on RECIPIENTS side of the point(s) of delivery. 3.7 Nothing in this Agreement shall be construed to give RECIPIENT any right to the exclusive receipt of BOARD's Reclaimed Water supply. 8-6-96 REUSEJ /fUNTERSRUN/DELlVER2. AGR 6 3.8 The BOARD agrees that it will not enter into contracts with other recipients of Reclaimed Water for more than its daily supply capacity as the same exists from time to time. SECTION 4. Term and Fees 4.1 Term. The Easement and this Agreement shall be in effect for~period of twenty .(20) years commencing on the date of execution of this Agreement. The term of the Easement and this Agreement shall be automatically extended for successive periods of ten (10) years each, upon the same terms and conditions as herein provided, unless either party hereto notifies the other by certified mail at least three years prior to the expiration of the initial term of this Agreement or any renewal thereof, that this Agreement shall not be so extended. 4.2 Payment of Fees. In return for and in consideration of BOARD's construction of facilities and delivery of Reclaimed Water, RECIPIENT agrees to pay BOARD a one-time connection fee of $4,300.00 and a volume charge of 20c for each 1,000 gallons of Reclaimed Water used, (the "Volume Charge") but on an annual basis not less than the above rate times the minimum quantity RECIPIENT has agreed to purchase under Section 3.5 together with a storage charge equal to 8c, (the "Storage Charge") for each 1,000 gallons of Reclaimed Water the Volume Charge for which is paid for by RECIPIENT, as provided above. Such storage charge shall remain constant and shall not be adjusted, during the term of this Agreement or any extension. Payment of the connection fee shall be in one lump sum no later than the commencement of construction of the modification to the BOARD's wastewater. facilities for the treatment and production of Reclaimed Water. The Volume Charge shall remain constant until the expiration of the third (3rd) fiscal year from the commencement of pumping (provided that if less than six (6) months expires between the time BOARD commences or makes available delivery of Reclaimed Water and the end of the first fiscal year, such first year shall nqt count as the first fiscal year), after which the price will be redetermined as provided in Section 5. The BOARD shall render billings to RECIPIENT for both the volume charge and storage charge on a monthly basis for such applicable charges on the basis of the greater of the actual Reclaimed Water delivered or the volume charge and storage charge for 1/12th of the minimum guaranteed annual volume agreed to be accepted by RECIPIENT pursuant to Section 3.5 above; provided that RECIPIENT shall pay no more, on a fiscal year basis, than (i) such minimum annual guaranteed volume charge or (ii)charges for Reclaimed Water actually accepted during the fiscal year, whichever is more. B-6-~6 R[USE/HillITERSRUN/DELlVER2.AGR 7 4.3 In the event the BOARD shall not be able to deliver Reclaimed Water in the minimum volume agreed to in Section 3.5 of this Agreement, as a result of its inability to do so and through no action or inaction on the part of the RECIPIENT, the RECIPIENT shall be entitled to a credit for such shortage in the minimum agreed to volume (by a proportionate reduction) . SECTION 5. Fu~ure Adjus~men~ of Price of Reclaimed Water. The Volume Charge shall be adjusted after the first three (3) fiscal years as aforesaid upward or downward based on the year-to-year change in the actual operating costs of producing, metering and delivering Reclaimed Water from effluent and transmitting it to the point of delivery for the RECIPIENT as it relates to the preceding year's Volume Charge, however, such Volume Charge shall never be less than 20<.': per thousand gallons nor shall an increase be applied if the actual operating costs shall be less than said 20<.': per thousand gallons. The first such adjustment shall occur effective the first day of the fourth fiscal year following the initial delivery of Reclaimed Water to RECIPIENT and shall reflect the relative increase or decrease in actual operating costs incurred by the BOARD during the second fiscal year of delivery of Reclaimed Water to RECIPIENT as compared to the third fiscal year and for each subsequent year thereafter as compared to the previous year. The actual operating cost and change therein shall be the basis for determining the index for making the adjustments in the Volume Charge. Actual operating costs ("Actual Operating Costs") shall be determined in conformity with generally accepted accounting pr~nciples consistently applied, except the depreciation of plant and equipment and any other provision for capital recovery, including interest on long term debt, shall not be included as operating costs, as such costs are properly allocable to wastewater customers. Any increase or decrease in the Volume Charge shall be determined as soon as reasonably practicable and shall be effective retroactive to the scheduled date of adjustment and a sum due to the BOARD as a result of the retroactive effect of such adjustment or the cre9it due the RECIPIENT, if applicable, shall be reflected in the next billings regularly submitted by BOARD to RECIPIENT as provided in Subparagraph 5.4. 5.1 BOARD personnel shall establish, or cause to be established, and maintain an accounting system in which such current operating costs are recorded monthly in separate accounts from sewage processing accounts. Costs shall be recognized on a first-in first-out basis. The BOARD personnel shall prepare and preserve any studies relating to the allocation of operating costs on other than an actually incurred basis. By way of example, the parties agree that all operating and maintenance costs of labor, chemicals and power, permits, regulatory requirements, legal, engineering, administration, testing, meter calibration and contract 8-6-96 REUSE/RUHTEPSRUN/DELlVER2.AGR 8 ,...~,_,",""-"~""_"""...~..,.,.._-....__...__,.~...,,,~".,,,,.Q''''':,",,'',,,,,,,"'''''.,...h services may be allocated based on appropriate data or studies. Such current operating costs shall be recorded on a consistent ba~is from month to month and year to year, and the total for each fiscal year shall be used to calculate a cost per thousand gallons of Reclaimed Water delivered beginning with the second fiscal year after the plant starts to deliver Reclaimed Water to RECIPIENT. 5.2 By way of example, if delivery begins on October 6, 1996, the third fiscal year thereafter would be October 1, 1998 to September 30, 1999. Assume that the actual cost of producing Reclaimed Water for the fiscal year October 1, 1997 through September 30, 199B was 21C. Further, assume that the Actual Operating Cost of producing and delivering Reclaimed Water to RECIPIENT during the second fiscal year to the end of the third fiscal year (October 1, 1997, through September 30, 1999) increased from 21<: per thousand gallons to 23c per thousand gallons. The index for increase would be calculated by dividing the base cost of 21<: per thousand gallons into the 2c increase in cost, resulting in an increase of 9.52% to the previous years' Volume Charge of 20<: per thousand gallons for the fourth fiscal year, equal to 21.90<: per thousand gallons (2 7 21c = .0952, then 20<: x 1.0952 = 21.90C). 5.3 As soon as reasonably practical, after each fiscal year for which the cont:j:'act price is subject to adjustment , the BOARD shall prepare a statement Showing in reasonable . detail the actual operating costs to produce Reclaimed Water from efflu~nt for the latest two fiscal years. For each such year, the statement shall also show (1) the number of gallons in thousands of Reclaimed Water delivered to Reclaimed Water users, (2) the cost per thousand gallons of Reclaimed Water calculated by dividing such operating costs by such gallons, ( 3 ) the calculation of the ratio of change in cost per thousand gallons from the earlier year to the later year, and (4) the calculation of the adjusted price for the later year. This statement shall be deemed to be the responsibility of the BOARD, and the BOARD's Executive Director shall attest in writing to the propriety of the costs and calculations shown thereon. 5.4 By January 15 of each year, the BOARD'S Executive Director shall submit to RECIPIENT the supplemental statement set' forth in the preceding paragraph, together with the attestation thereto by the BOARD. At the same time, the BOARDS Executive Director shall submit to RECIPIENT a bill or credit showing (l)the amount paid by the RECIPIENT for Reclaimed Water delivered in the current fiscal year, (2)the amount payable for Reclaimed Water delivered in the current fiscal year based on the adjusted price for the year as set forth above, and (3)the difference. Any such difference shall be either paid promptly by the RECIPIENT, or shown as a credit in the next billing to the RECIPIENT. 8-6-96 REUSE/HmITERSRUN/DELlVERZ:AGR 9 5.5 For billing purposes only prior to the determination of actual costs for adjusting the Volume Charge, during each year subject to price adjustment, the BOARD may use a tentative price per thousand gallons based on using budgeted costs for the current year in the price adjustment calculation set forth above. 5.6 . RECIPIENT, at its own expense, has the option of examining the financial statements, general books and related records, and production records of the BOARD. 5.7 Notwithstanding the above provisions, the price paid by the RECIPIENT for Reclaimed Water shall be adjusted downward in the event the BOARD offers Reclaimed Water to any other non-governmental customer(s) upon substantially similar terms and conditions for the same use of the Reclaimed Water at a lower charge than RECIPIENT is or will be paying under this Section 5. Such downward adjustment shall be made to guarantee RECIPIENT that no other user of Reclaimed Water for similar purposes shall receive a more favorable charge than will also be given to RECIPIENT under similar circumstances. 5.8 To the extent that the BOARD receives governmental or environmental noncapital improvement subsidies which are provided to the BOARD for encouraging wastewater reuse and which are intended to be applied pursuant to the terms of such grant or subsidy to the operational costs of the Reclaimed Water facility, as opposed to capital improvements or expansion of such Reclaimed Water facility, the BOARD will apply such funds, to the extent allowed, to its Reclaimed Water facility operating costs. SECTION 6. Inspection. BOARD shall have the right to enter RECIPIENT's property, upon proper identification and at any reasonable time, in order to inspect the irrigation system as may be necessary or desirable for the operation, safety, protection, or preservation thereof, to determine compliance with any law, order or regulation of any governmental authority having jurisdiction, and for sampling at any monitoring wells located on the property. RECIPIENT shall have the right to enter the BOARD's plant and properties and the right of access to its wastewater facilities and records, at any, reasonable time, for the purpose of determining whether the BOARD is in compliance with this Agreement. SECTION 7. Assignments. This Agreement can be assigned by RECIPIENT only with the prior written approval of BOARD, but such approval shall not be unreasonably withheld, provided the assignee shall assume this Agreement and shall demonstrate to BOARD its financial ability to comply with the provisions hereof. SECTION 8. Notices; Proper Form. Any notice required or allowed to be delivered hereunder shall be in writing and 8.6-96 REU5E/ffin'TERSRUN/DELlVERZ.AGR 10 shall be deemed to be delivered when (1) hand delivered to the official hereinafter: designated, (2) upon receipt of such notice when deposi tea in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to a party at the address set forth opposite the party' name below or at such other address as the party shall have " . . specified by written rotice to the other party dellvered ln accordance herewith: BOARD SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD Executive Director 1801 North Congress Avenue Delray Beach, FL 33445 RECIPIENT: HUNTERS RUN GOLF & RACQUET CLUB CIO Club Manager 3500 Clubhouse Lane Boynton Beach, FL 33436 COPY TO: Boynton Beach City Manager P.O. Box 310 Boynton Beach, FL 33425-0310 COpy TO: Del~ay Beach City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 COPY TO: Robert W. Federspiel, Esq. 501 East Atlantic Avenue Delray Beach, FL 33483 SECTION 9. Notices; Default. Each of the parties hereto shall give the other party wriitten notice of any defaults hereunder and shall allow the def,aul ting party 30 days from the date of receipt to cure such defaults, except failure to deliver water on demand. : , , I ~ I SECTION 10. Default by ~ither Party. If any party hereto fails to perform or comply, with any of the conditions of this Agreement, and if the[ nonperformance shall continue for a period of thirty (30) d~ys after the written notice thereof to the non-performing paJtty, or if the performance cannot be reasonably completed within the 3D-day period, or if the non- performing party does *ot in good faith commence performance within the 3D-day peripd and does not diligently proceed to complete performance, ,the non-performing party shall be in default or breach of this Agreement. 8-6-96 REUSE/HUHTERSRmI/DELlVER2.AGR 11 SECTION 11. Indemnification. In the event RECIPIENT shall fail to comply with any reuse water rule or regulation of any Federal, State or County or local agencies, except BOARD, or violate any permit granted with regard to the use of the irrigation system on the RECIPIENT's property, then RECIPIENT shall indemnify the BOARD, its officers, governing board, employees and agents.against all claims, demands, causes of actions, suits, judgments, fines, penalties, or losses, including all costs suffered or incurred by the BOARD by reason of such failure. In the event the BOARD shall fail to comply with any rule, regulation, order of any Federal, State or County or local agency, or fail to deliver water meeting the quality standards provided by this Agreement, then the BOARD shall, to the extent allowed by law, indemnify the RECIPIENT, its officers, board of directors, employees and agents against all claims, demands, causes of actions, suits, judgments, penalties, fines, or losses suffered or incurred by the RECIPIENT as reason of such failure. SECTION 12. Remedies of Default. If either party hereto shall be in default hereunder as set forth in Section 10, then the other party shall have the following remedy: bring suit for the breach which has occurred without affecting the obligations of the party to perform the balance of the Agreement. The parties shall have the right not only to injunctive relief, but also to recover any damages which a party may incur as a result of the breach of this Agreement by the other party. The parties further agree that any litigation shall be brought in Palm Beach County, Florida, only, and the parties agree that the proper venue for any such action would only be in Palm Beach County, Florida. The parties further waive any right to Jury trial they may have in any action among them involving this Agreement or the alleged breach thereof~ SECTION 13. Disclaimers of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties hereto and no right or cause of action shall accrue upon or by reason hereof or to or from or for the benefit of any third party ~ot a formal party hereto. SECTION 14. Severability. If any part of this Agreement is fo~nd invalid or unenforceable by any court, such invalidity orunenforceability shall not affect the other parts of this Agreement. SECTION 15. Applicable Law. This Agreement and ~he provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. SECTION 16. Entire Agreement. This agreement contains the entire AgreemenE between the parties hereto with respect to this transaction and supersedes all prior negotiations and all prior written or oral understandings. 8-6- ~6 kEUSE/HUHTERSRUN/DELIVERZ.AGR 12 SECTION 17. Amendments. This Agreement may only be amended, supplemented or discharged by an instrument in writing signed by all parties hereto. SECTION 18. Recordation. This Agreement or a mutually agreeable memorandum thereof will be recorded in the public records of Palm Beach County, Florida. SECTION 19. Extent of Agreement. Each party shall advise the other party, in writing, as to the status of its construction document preparation and construction of associated improvements on a monthly basis to ensure that both parties' activities are progressing with reasonable diligence. SECTION 20. Completion Date. The Board agrees to use its best efforts have its Reclaimed Water facilities completed and available for use for RECIPIENT and RECIPIENT agrees to use its best efforts have its Irrigation System complete and to accept delivery of Reclaimed Water from the BOARD on or before November 1, 1997, subject to matters beyond the reasonable control of either party. Notwithstanding any provision of this Agreement to the contrary, the RECIPIENT shall have the absolute obligation to commence payments for the reclaimed water upon the completion of construction as provided for in Section 3.5 above. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD :7 .r- // By: ,/ .R ,,_,-,,11 L-.;. Chairman /1.J /"" #'Pi'. .. ../ f_ -:t.......VI--"" .r:;i;d,.'f; / ?OV::O AS TO/aRM: , ~~/f BOard Attorne~' ...; HUNTRS RUN GOLF & RACQU&~ CLUB \ \ C--~ _/ By :--\-1-; - \1 - \. ---~ ~ . \, ) -~ 8- &-9& REUSE/HUNTERSRUH/DELIVER2.AGR 13 APPROVED BY: ~. , / ./ /-~,. /' ,,/'>, .' .' r /./.#'<.....::.;:' Cit~~6f D~~tay B~ach, Mayor ~~ROVED/BY: // /'/ 0 ------::""'----'-'-----;7 ;, 1 . - . / , '," n ~- y C<-"1 / _ / c/' ~ ' I " /f '\.../' City of BoYnton tE(each, Mayor 1 /1 ,/ ./ !/ ,~ //..;"/ ~>:/' /~',~$;:::c-.c;-'-. __ L-,.. 8-6-96 REUSB/HUNTBRSRUK/DELJVBR2.AGR 14 EXHIBIT "A" HUNTERS RUN GOLF & RACQUET CLUB located in Section 5, Township 46 South, Range 43 East, as recorded in Plat Book 36 of the Public Records of Palm Beach County, Florida. 8-6-96 REUSElHUHTERSRUH/DELlVERZ.AGR 15 EXlIIDITD OPERA TINe RESnucrs Reei p; enl shal I m ai nrain eom plianee with the following opera tin g restri ctioos for protecti n g human health, welfare and safety, and the environmenl 'f;\. I . The pub J ic shall be noW, ed of the use of reclaimed Waler by pomn g advisory s; gos, not es on score cards or other methods in accordance with Chapler 17-610.468 FAC. 2. Dirw connections bctween the reelaimed water system and irrigation water system shall not be allowed without the use of appropriate backilow prevention devices. 3. No cross-coMcctioD to potable \\'dter systems shall be allowed. 4. All reclaimed water valves and onuets sball be appropriately eolor coded and labeled ;n accordance with Chapter h-6J0.470 FAC to Warn public and employees that the water is not inte~ded for' drinking. . 5. - Setback dis"mees to potable water sopply wells and -the use of low traj CClory nom es shaJl be in aCCDrdance with Chapter 17-610.47] F AC. 6. The use of reclaimed water shall be consistent with all applieabie federal, Slate, and local Jaws and regulations_ ^-'\Jn~JT.B Exhibit B January 1995 P.~ J of J ~ ~ - 0 .:: '" ~ .... . '0 " '" u o :c ... ~ o ") .... , ~ [)~ .:: Cl .'ti <t: r ~ I ~ I I I ^ 0 ~..o ~ C:J-L- :1-00 oU ~ U 'b ii: "" J i I I I ~ J ;'0 : r: l:i :J Q: '... :a :7 u '... . ! ~ . ... <> i -"1 ^-'ol/l'rr c 0 ~- o U tJ () - C '0 .~ C 0 C o 0 0 0 QU ] a:: U . -=:;-- c :10 L_~ QJ ~ ~ C.o~O d :J :J 0 V --j I OO:u3: ~ --'VJ^UO \. <J ":.0 -L. '- Q) 0 ->--L~cE.... ~ X C ::JoO 0 ~'~W:J 0_ d b .I U ~ c ~8 0. u:~ ~ vi . . t _i ~I '" "<' ~I , j II 0: - C) ~ '0 ";3 u is "8..'l~ ~CC r:::..9 _ ~]~ m8! 65~ .5 ;;, r: c " c <.> EXHIBIT D Enclosure '/l Board shall monitor the reclaimed water for Ule following parameters and agrees to divert reclaimed waler v.-hich exceeds the specified limits. . PaJdmeler Sampling Frcquc:ncy Limitll) T urbidiry Continuous 2 NTU Chlorine Residual Continuous (minimum) Chioridc: Continuous 350 CBODG'1 Daily 20 TS S () I Daily 5 pH Hourly 6 to 7.5 units[51 7.& units(61 Aluminum Annual 1.0 Arsenic Annual 0.10 Beryllium Annual 0.10 Boron Annual 0.50 Cadmium Annual O.OJ Chromium Annual 0.1 Cobalt Annual 0.05 Copper Annual 0.1 Fluoride Annual 1.0 1ron Annual 5_0 Lead Annual 5.0 Lithium Annual 2_5 Manganese Ann ual 0.2 Molybdenium Annual 0.005 Ni~kel Annual 0_02 Selenium Annual 0.02 Vanadium Annual 0.10 Zinc Annual 2.0 Bicarbonate (as CaCO-) Annual 110 } .). Calcium Annual (4) Magnesium Annual (4) Sodium Annual (4) Sodium Adsormion Ratio Annual 6 units (1) Maximum concentration eXPreSsed inmgIL unless noted. (2) Carbona::.eous Biochemical Oxygen Demand (CBOD). (31 Total Suspended Solids (TSS). (.(j Infonnation used in calculation of Sodium Adsorption Ratio (SAR). (5) Dail" 3\'c:ral!c (6) 2-Hour du';tion W:'.'~'~\EXHlBn.o Exhibit D January 1995 P're I or I ASSIGNMENT AGREEMENT R05-D8i *~ THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of ,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter 163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON." WITNESSETH; WHEREAS, the BOARD has heretofore entered into that certain Agreement with Pine Tree Golf Club, concerning delivery and acceptance of reclaimed water dated the 17th day of January, 1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water Agreement;" and WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach; and WHEREAS, in order to implement such modification and the mode of operation as above described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such assignment, shall assume all of the rights, duties and obligations of the BOARD under said Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one party to the other, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: I. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed Water Agreement to BOYNTON, effective the 1st day of October, 2005. ,2. BOYNTON hereby agrees to accept and assume all rights, benefits and obligations created underthe said Reclaimed Water Agreement pursuant to this assignment. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day and year first above written. SOUTH CENTRAL REGIONAL WASTEWATER TRE TMENT AND DISP AL BOARD " t< Mu i r C. APPROVED AS TO FORM BO.J;;Jey/{ ATTESTED BY: Secretary APPROVED AS TO FORM City Attorney CITY OF BOYNTON BEACH By: Mayor AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AND PINE TREE GOLF CLUB CONCERNING DELIVERY AND ACCEPTANCE OF RECLAIMED WATER THIS AGREEMENT is made and entered into on this \ '7 day of c.JQO. m, by and between South Central Regional Wastewater TreatmJtit and Disposal Board, a municipal corporation created pursuant to the laws of the State of Florida (hereinafter BOARD), and Pine Tree Golf Club (hereinafter RECIPIENT). Accordingly, for and in consideration contained herein, mutual understandings contained herein, and other consideration, sufficiency of which is hereby acknowledged the parties Covenant and agree as follows: of the recitals and agreements the receipt and by the parties, SECTION 1. Recitals. The below recitals are true and correct and form a material part of this Agreement. 1.1 The parties hereto represent to one another that each has the full power and authority to enter into this Agreement and to carry out their respective obligations thereunder. The BOARD is composed of the Cities of Boynton Beach and Delray Beach (the "Cities"), pursuant to an Interlocal Agreement entered into pursuant to Chapter 163, Florida Statutes. 1.2 The parties recognize that reuse of Reclaimed Water is in the public interest, as it recaptures an otherwise wasted and unused water resource. The BOARD owns and operat,es wastewater facilities which it proposes to upgrade to produce Reclaimed Water suitable for irrigation of areas, such as golf courses, parks, school' grounds and cemeteries, and RECIPIENT is willing to accept such Reclaimed Water for irrigation purposes in the public interest. 1.3 In a normal year, RECIPIENTS will irrigate approximately 240 days and most of RECIPIENT'S daily requirements will be needed during approximately 12 hours commencing about sundown. BOARD agrees to use its best efforts ,to supply Reclaimed Water on demand to RECIPIENT up to the volume and at the charge set forth in this Agreement. RECIPIENT has valuable golf courses that require access to such Reclaimed Water and has expended substantial money and effort and has foregone other avenues to meet its irrigation requirements in reliance on this Agreement. The BOARD is not required to upgrade its wastewater system to produce Reclaimed Water but is doing so in reliance upon the RECIPIENT entering into this Agreement. 7-23-96 REUSE\DELlVER2.AGR 1 1.4 The RECIPIENT owns and controls land which is described in Exhibit "An (the "Property"), attached and made a part 'hereof by reference. 1.5 RECIPIENT agrees to: (a) irrigate the Property using Reclaimed Water; (b) maintain the storage facility, if applicable, ponds and lakes, if applicable, pumps and irrigation system to be located on the Property from the point of delivery; and (c) upgrade its irrigation system when reasonable and economical to utilize the volume of Reclaimed Water accepted from the BOARD and as required to meet any federal, state, or local requirements, Cd) maintain compliance with the operating restrictions for protecting human health and the environment attached thereto as Exhibit "B". 1.6 Recipient shall accept the Reclaimed Water delivered by the BOARD and use it for irrigation of the Property. The BOARD shall be deemed to be in possession and control of the Reclaimed Water until it shall have been delivered to the RECIPIENT at the Point of Delivery. After such delivery, the RECIPIENT shall be deemed to be in possession and control thereof. 1.7 The RECIPIENT agrees to maintain all Federal, State and governmental permits issued to it and necessary to allow it to receive and utilize the Reclaimed Water pursuant to the terms of this Agreement. 1. B The right of the RECIPIENT to sell, transfer or encumber the Property in areas irrigated with the Reclaimed Water shall not be restricted by this Agreement. This Agreement shall run with the land so long as the use of a major portion of the Property shall continue to be for golf course and related purposes. Any subsequent party in interest to such golf course or courses shall be obligated to receive and pay for Reclaimed Water under the same terms and conditions of this Agreement, unless modified by mutual consent of the BOARD and the buyer or transferee. 1.9 METER. The design and construction of the metering facility shall be the responsibility of the BOARD and must be mutually approved in advance in writing by BOARD and RECIPIENT. The meter will be utilized to measure the amount of Reclaimed Water delivered by the BOARD to RECIPIENT and the BoARD shall operate, maintain, cause to be calibrated, and repair s aid meter.. 1.10 CONSTRUCTION. Upon completion of the engineering design of the metering facility, and the acceptance of same by both parties, the metering facility will be constructed by the BOARD and placed into service. 7-23-96 REUSE\DELlVERZ_AGR 2 1.11 COSTS AND OPERATION. The BOARD shall bear the cost of constructing, owning and maintaining the Reclaimed Water meter and related appurtenances and the lines interconnecting BOARD's system into the metering facility, including all valves and appurtenances up to and including the discharge flanges of the valves immediately downstream of the meter. The parties agree that the RECIPIENT shall have reasonable access to the metering facility, to all other Reclaimed Water meters, check valves, and any other appurtenances thereto, to verify flows, meter readings, meter calibrations, efficiency of the check valves, and any other performance data necessary to the operations of the Interconnection facility upon reasonable advance notice to the Board. The metering device shall be tested and calibrated, at BOARD's expense, at least once per year and repaired if required. Any errors in meter reading and any discrepancy in meter results from a true and correct measure of Reclaimed Water flow to RECIPIENT shall Qe adjusted properly and retroactively to reflect the flow to RECIPIENT. Any incorrect metering device shall be repaired forthwith by the BOARD. . 1.12 This agreement has been duly authorized by all named parties. Pursuant to Section 3 (C) of the Interlocal Agreement dated December 26, 1974, between the City of Boynton Beach and the City of Delray Beach, this Agreement and all provisions thereof have been contractually approved by a majority vote of each City Council as the act of each City, or, if such approval has not already been obtained, such approval will be obtained and certified to RECIPIENT before this Agreement shall become effective. SECTION 2. Definitions. The parties agree that in construing this Agreement, the following words, phrases and terms shall have the following meanings, unless the context requires otherwise: 2.1 "Agreement" means this Agreement between BOARD and RECIPIENT. 2.2 "FDEP" means the Florida Department of Environmental Protection, and its successors. 2.3 "Fiscal Year" means October 1 to September 30 of the following year. 2.4 "GPD" means gallons per day. 2.5 "Irrigation system" means those pump stations, lines, pipes, sprinkler heads, ponds and lakes, storage facilities, if applicable, and pertinent equipment that are located on RECIPIENT's property and used to store, spray and irrigate with Reclaimed Water that has been treated in accordance with 7-23-96 REUSE\DELlVER2.AGR 3 all applicable governmental regulations and in accordance with the terms and provisions of this Agreement. 2.6 "MGD" means million gallons per day. 2.7 "Peint of delivery" means the point at which divides the BOARD's wastewater facilities RECIPIENT's irrigation system, or as otherwise engineering drawings approved by both parties. 2.8 "Reclaimed Water" means wastewater that has been treated in accordance with Section 3.4 of this Agreement. the meter from the noted on 2.9 "Reclaimed Water Disposal Facilities" means those facilities necessary for the storage, if applicable,' transportation and disposal of wastewater previously treated in accordance with applicable local, state and federal standards and limitation at the plant to the standard of Reclaimed Water. These facilities include, but are not limited to, any Reclaimed Water transmission facilities, irrigation systems and storage facilities, if applicable. 2.10 "Reclaimed Water Transmission Facilities" means the BOARD's facilities used to transmit Reclaimed Water. 2.11 "Storage Facilities" means those facilities which may be designed, permitted and constructed on the Property, if .applicable, or upon the BOARD's property, if applicable, and which are necessary to store and hold Reclaimed Water in a manner that complies with regulatory requirements. 2.12 "Wastewater" means the product received by the wastewater treatment facility for treatment. 2.13 "Wastewater Facilities" means the BOARD's plant located at 1801 North Congress Avenue, Delray Beach, Florida, and Reclaimed Water transmission facilities, including all interceptors, lines, pipes, meters, couplings, pumps, force mains, and appurtenant equipment necessary to treat and transmit the Reclaimed Water. SECTION 3. Grant of License and Easement. RECIPIENT hereby grants to BOARD an easement over the Property, including a 15 foot utility easement to be mutually agreed upon and located in the approximate location depicted on Exhibit "C" attached hereto, to allow construction, operation, maintenance and repair of the BOARD's Reclaimed Water transmission main to the point of delivery, and' the right to transmit, deliver and dispose of Reclaimed Water through the irrigation system and storage facility, if applicable, on the Property in accordance with and subject to the following conditions: 7-23-96 REUSE\DELIVER2.AGR 4 3.1 Desion and installation of Certain Facilities. BOARD agrees to design, permit, install and operate bmprovements and additions at its existing wastewater treatment plant, and the BOARD's Reclaimed Water transmission facilities, and to Permit effluent disposal facilities in order to provide Reclaimed Water at the point of delivery. RECIPIENT agrees to design, permit, install and operate, at its sole expense, any storage facility, if applicable, and the irrigation system on the Property up to the point of delivery. 3.2 Permits and Approval for the Irrioation System. Recipient shall be responsible, in cooperation with Board, for obtaining and maintaining necessary governmental permits and approvals in order to install and operate the irrigation system: provided, however, that Board shall be responsible for,obtaining and maintaining all. permits for Reclaimed Water disposal facilities. For all wastewater facilities located on its side of the point of delivery, Board shall be solely responsible for obtaining, compiling, providi~g and complying with all monitoring, sampling, testing, and reporting requirements for the Reclaimed Water, which may be imposed by government law, rule, permit, or approval. Recipient shall grant Board upon reasonable advance notice to RECIPIENT access to the irrigation system as needed to assure continued compliance with applicable laws and regulations, including, but not limited to, any monitoring or testing requirements. 3.3 A. Delivery of Reclaimed Water. BOARD agrees to use its best efforts to make available and deliver in the volume and at the times requested, an annual volume of Reclaimed Water of at least 86 million gallons (MGY), with maximum volume anyone day up to but not to exceed 800,000 gallons per day (GPD), at a rate of 1,750 gallons per minute (GPM), for use on the Property and, at its cost, to connect the BOARD's Reclaimed Water transmission facilities to RECIPIENT's irrigation system at the point(s) of delivery agreed upon and as shown in Exhibit "C". Both RECIPIENT and BOARD recognize that water supply and demand will vary depending on a number of factors, primarily climatic conditions. B. Storacie. The RECIPIENT shall maintain, in compliance with all applicable laws and regulations, the necessary storage facilities on their property at their sole expense. .;, 3.4 Quality of Reclaimed Water. BOARD shall make available to RECIPIENT Reclaimed Water of a quality consistent with the requirements of "public access" treatment levels as set forth in Chapter 17-610, Florida Administrative Code, or its successor Code provisions, or of a quality consistent with more stringent requirements that may be imposed by any governmental agency having jurisdiction and legal authority. In recognition of the need to supply Reclaimed Water, the 7-23-96 REUSE\DELlVERZ.AGR 5 BOARD shall also be required to comply with effluent limitations set forth in Exhibit liD". All Reclaimed Water made available by BOARD under this Agreement shall, at a minimum, have been treated by advanced treatment methods to remove harmful levels of bacteria, viruses, and other constituents or pollutants which could constitute a danger to human health, and in accordance with all applicable federal, state and local laws, rules, regulations, policies, ordinances, resolutions, orders and permi ts and the requirements of Exhibit liD". BOARD shall provide continuous monitoring of chlorine and turbidity, as well as other required ground and surface water quality sampling and monitoring of Reclaimed Water as required by local, state and federal regulations and by Exhibit "D". BOARD agrees to divert away as expeditiously as possible, from the irrigation system, any Reclaimed Water which does not comply with the terms and conditions of this Agreement or which does not meet the applicable state, federal or local laws and regulations and to promptly and fully notify RECIPIENT of such action. Copies of all test results shall be available to RECIPIENT upon request. 3.5 Minimum Purchase of Reclaimed Water by RECIPIENT. Upon completion of the construction of the wastewater facilities and continuing for so long as BOARD complies with the requirements set forth in this Agreement, RECIPIENT has an obligation to pay for at least 86 million gallons annually of Reclaimed Water for spray irrigation on the Property, subject to conditions as set forth in Section 3.3 of this Agreement. Notwithstanding anything to the contrary, Recipient shall not . be obligated to accept delivery of or pay for Reclaimed Water which does not comply with the terms and conditions of this agreement. Such exception to RECIPIENT'S obligation to accept delivery of such Reclaimed Water by reason of the Board's failure to meet the water quality standards required in this Agreement shall relieve RECIPIENT of its obligation to pay BOARD for the minimum annual volume set forth above at the rates determined pursuant to Paragraph 5 below only to the extent that the BOARD shall not have made available to RECIPIENT such annu.al minimum volume of Reclaimed Water mee~ing the requirements of this Agreement through the completion of the then current fiscal year. Recipient shall not transfer the water provided by Board to any third party or o~f of the Recipient's property which is the subject of this agreement. 3.6 RECIPIENT shall be responsible for all maintenance of water and its irrigation system on RECIPIENTS side of the point(s) of delivery. 7-23-96 REUSE\DELlVER2.AGR 6 3.7 Nothing in this Agreement shall be construed to give RECIPIENT any right to the exclusive receipt of BOARD's Reclaimed Water supply. 3.8 The BOARD agrees that it will not enter into contracts with other recipients of Reclaimed Water for more than its daily supply capacity as the same exists from time to time. SECTION 4. Term and Fees 4.1 Term. The Easement and this Agreement shall be in effect for a period of twenty (20) years commencing on the date of execution of this Agreement. The term of the Easement and this Agreement shall be automatically extended for successive periods of ten (10) years each, upon the same terms and conditions as herein provided, unless either party hereto notifies the other by certified mail at least three years prior to the expiration of the initial term of this Agreement or any renewal thereof, that this Agreement shall not be so extended. 4.2 PaYment of Fees. In return for and in consideration of BOARD's construction of facilities and delivery of Reclaimed Water, RECIPIENT agrees to pay BOARD a one-time connection fee of $5,100.00 and a volume charge of 20c for each 1,000 gallons of Reclaimed Water used, (the "Volume Charge") but on an annual basis not less than the above rate times the minimum quantity RECIPIENT has agreed to purchase under Section 3.5 together with a storage charge equal to 8e, (the "Storage Charge") for each 1,000 gallons of Reclaimed Water the Volume Charge for which is paid for by RECIPIENT, as provided above. SU9h storage charge shall remain constant and shall not be adjusted, during the term of this Agreement or any extension. Payment of the connection fee shall be in one lump sum no later than the commencement of construction of the modification to the BOARD's wastewater facilities for the treatment and production of Reclaimed Water. The Volume Charge shall remain constant until the expiration of the third (3) fiscal year from the commencement of pumping (provided that if less than six (6) months expires between the time BOARD commences or makes available delivery of Reclaimed Water and the end of, the first fiscal year, such first year shall not count as the first fiscal year), after which the price will be redetennined as provided in Section 5. The BOARD shall render billings to RECIPIENT for both the volume charge and storage charge on a monthly basis for such applicable charges on the basis of the greater of the actual Reclaimed Water delivered or the volume charge and storage charge for 1/12th of the minimum guaranteed annual volume agreed to be accepted by RECIPIENT pursuant to Section 3.5 above; provided that RECIPIENT shall pay no more, on a fiscal year basis, than (i)such minimum annual guaranteed volume 7-23-96 REUSE\DELlVER2.AGR 7 charge or (ii)charges for Reclaimed Water actually accepted during the fiscal year, whichever is more. 4.3 In the event the BOARD shall not be able to deliver Reclaimed Water in the minimum volume agreed to in Section 3.5 of this Agreement, as a result of its inability to do so and through no action or inaction on the part of the RECIPIENT, the RECIPIENT shall be entitled to a credit for such shortage in the minimum agreed to volume (by a proportionate reduction) . SECTION 5. Future Adjustment of Price of Reclaimed Water. The Volume Charge shall be adjusted after the first three (3) fiscal years as aforesaid upward or downward based on one-half (i) of the year-to-year change in the actual operating costs of producing, metering and delivering Reclaimed Water from effluent and transmitting it to the point of delivery for the RECIPIENT as it relates to the preceding year's Volume Charge, however, such Volume Charge shall never be less than 206 per thousand gallons nor shall an increase be applied if the actual operating costs shall be less than said 206 per thousand gallons. The first such adjustment shall occur effective the first day of the fourth fiscal year following the initial delivery of Reclaimed Water to RECIPIENT and shall reflect one-half (!) the relative increase or decrease in actual operating costs incurred by the BOARD during the second fiscal year of delivery of Reclaimed Water to RE~IPIENT as compared to the third fiscal year and for each subsequent year thereafter as compared to the previous year. The actual operating cost and change therein shall be the basis for determining the index for making the adjustments in the Volume Charge. Actual operating costs ("Actual Operating Costs") shall be determined in conformity with generally accepted accounting principles consistently applied, except the depreciation of plant and equipment and any other provision for capital recovery, including interest on long term debt, shall not be included as operating costs, as such costs are properly allocable to wastewater customers. Any increase or decrease in the Volume Charge shall be determined as soon as reasonably practicable and shall be effective retroactive to the scheduled date of adjustment and a sum due to the BOARD as a result of the retroactive effect of such adjustment or the credit due the RECIPIENT, if applicable, shall be reflected in the next billings regularly submitted by BOARD to RECIPIENT as provided in Subparagraph 5.4. 5.1 BOARD personnel shall establish, or cause to be established, and maintain an accbunting system in which such current operating costs are recorded monthly in separate accounts from sewage processing accounts. Costs shall be recognized on a first-in first-out basis. The BOARD personnel shall prepare and preserve any studies relating to the allocation of operating costs on other than an actually incurred basis. By way of example, the parties agree that all 1-23-96 REUSE\DELlVERZ.AGR 8 operating and maL _enance costs of labor, che :;als and power, permits, regulatory requirements, legal, engineering, administration, testing, meter calibration and contract services may be allocated based on appropriate data or studies. Such current operating costs shall be recorded on a consistent basis from month to month and year to year, and the total for each fiscal year shall be used to calculate a cost per thousand gallons of Reclaimed Water delivered beginning with the second fiscal year after the plant starts to deliver Reclaimed Water to RECIPIENT. 5.2 By way of example, if delivery begins on October 6, 1996, the third fiscal year thereafter would be October 1, 1998 to September 30, 1999. Assume that the actual cost of producing Reclaimed Water for the fiscal year October I, 1997 through September 30, ,1998 was 21e. Further, assume that the Actual Operating Cost of producing and delivering Reclaimed Water to RECIPIENT during the second fiscal year to the end of the third fiscal year (October I, 1997, through September 30, 1999) increased from 21e per thousand gallons to 23e per thousand gallons. The index for increase would be calculated by dividing the base cost of 21e per thousand gallons into one-half (!) the 2e increase in cost, resulting in an increase of 4.76% to the p'revious years' Volume Charge of 20e per thousand gallons for the fourth fiscal year, equal to 20.95e per thousand gallons (! x 2 = 1 7 21e = .0476, then 20e x 1.0476 = 20.95e). 5.3 As soon as reasonably practical, after each fiscal year for which the contract price is subject to adjustment , the BOARD shall prepare a statement showing in reasonable detail the actual operating costs to produce Reclaimed Water from effluent for the latest two fiscal years. For each such year, the statement shall also spow (1) the number of gallons in thousands of Reclaimed Water delivered to Reclaimed Water users, (2) the cost per thousand gallons 9f Reclaimed Water calculated by dividing such operating costs by such gallons, ( 3) the calculation of the ratio of change in cost per thousand gallons from the earlier year to the later year, and (4) the calculation of the adjusted price for the later year. This statement shall be deemed to be the responsibility of the BOARD, and the BOARD's Executive Director shall attest in writing, to the propriety of the costs and calculations shown thereon. ~ 5.4 By January 15 of each year, the BOARD'S Executive Director shall submit to RECIPIENT the supplemental statement set forth in the preceding paragraph, together with the attestation thereto by the BOARD. At the same time, the BOARDS Executive Director shall submit to RECIPIENT a bill or credit showing (l)the amount paid by the RECIPIENT for Reclaimed Water delivered in the current fiscal year, (2)the amount payable for Reclaimed Water delivered in the current fiscal year based on the adjusted price for the year as set forth above, and (3)the difference. Any such difference shall 7-23-96 REUSE\DELlVERZ.AGR 9 be either paid pL .ptly by the RECIPIENT, or in the next billing to the RECIPIENT. )wn as a credit 5.5 For billing purposes only prior to the d~termination of actual costs for adjusting the Volume Charge, during each year subject to price adjustment, the BOARD may use a tentative price per thousand gallons based on using budgeted costs for the current year in the price adjustment calculation set forth above. 5.6 RECIPIENT, at its own expense, has the option of examining the financial statements, general books and related records, and production records of the BOARD. 5.7 Notwithstanding the above provisions, the price paid by the RECIPIENT for Reclaimed Water shall be adjusted downward in the event the BOARD offers Reclaimed Water to any other non-governmental customer(s) upon substantially similar terms and conditions for the same use of the Reclaimed Water at a lower charge than RECIPIENT is or will be paying under this Section 5. Such downward adjustment shall be made to guarantee RECIPIENT that no other user of Reclaimed Water for similar purposes shall receive a more favorable charge than will also be given to RECIPIENT under similar circumstances. 5.8 To the extent that the BOARD receives governmental or environmental noncapital improvement subsidies which are provided to the BOARD for encouraging wastewater reuse and which are intended to be applied pursuant to the terms of such grant or subsidy to the operational costs of the Reclaimed Water facility, as opposed to capital improvements or expansion of such Reclaimed Water facility, the BOARD will apply such funds, to the extent allowed, to its Reclaimed Water facility operating costs. 5.9 The parties to this Agreement agree and recognize that RECIPIENT is under no legal or other obligation to enter into this Agreement for reuse of 'Ilast-ewater. RECIPIENT currently has operating permits from FDEP and the Water Management District to pump surface and ground water for all RECIPIENT'S irrigation needs and RECIPIENT'S costs to pump this surface and ground water is substantially less than the charges RECIPIENT will pay for Reclaimed Water under this Agreement. RECIPIENT'S only consideration and motivation to enter into this Agreement is to insure sufficient irrigation water by receiving its full allocation of Reclaimed Water on demand in accordance with the rate and delivery conditions set forth in this Agreement, free from adverse environmental or climatic impact. RECIPIENT has determined that the benefits of this Agreement are only marginally economically feasible. Therefore, if as a result of any action by the BOARD, the City of Delray Beach or the City of Boynton Beach, RECIPIENT would be required to pay charges in excess of those established under Section 5, then RECIPIENT shall have the option of canceling this Agreement upon sixty (60) days advance written notice to the BOARD. 7-23-96 REUSE\DELlVER2.AGR 10 SECTION 6. Insp" ..:ion. BOARD shall have U right to enter RECIPIENT's property, upon proper identification and at any reasonable time, in order to inspect the irrigation system as may be necessary or desirable for the operation, safety, protection, or preservation thereof, to determine compliance with any law, order or regulation of any governmental authority having jurisdiction, and for sampling at any monitoring wells located on the property. RECIPIENT shall have the right to enter the BOARD's plant and properties and the right of access to its wastewater facilities and records, at any reasonable time, for the purpose of determining whether the BOfu~D is in compliance with this Agreement. SECTION 7. Assignments. This Agreement can be assigned by RECIPIENT only with the prior written approval of BOARD, but such approval shall not be unreasonably withheld, provided the assignee shall assume this Agreement and shall demonstrate to BOARD its financial ability to comply with the provisions hereof. SECTION 8. Notices; Proper Form. Any notice required or allowed to be delivered hereunder shall be in writing and shall be deemed to be delivered when (1) hand delivered to the official hereinafter designated, (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to a party at the address set forth opposite the party' name below, or at such other address as the party' shall have specified by written notice to the other party delivered in accordance herewith: BOARD SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL' BOARD Executive Director 1801 North Congress Avenue Delray Beach, FL 33445 RECIPIENT PINE TREE GOLF CLUB C/O Club Manager 10600 Pine Tree Terrace Boynton Beach, FL 33436 COpy TO: Boynton Beach City Manager P.O. Box 310 Boynton Beach, FL 33425-0310 COpy TO: Delray Beach City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 7-23-96 REUSE\DELlVERZ.AGR 11 COpy TO: Robert W. Federspiel, Esq. 501 East Atlantic Avenue Delray Beach, FL 33483 SECTION 9. Notices; Default. Each of the parties hereto shall give the other party written notice of any defaults hereunder and shall allow the defaulting party 30 days from the date of receipt to cure such defaults, except failure to deliver water on demand. SECTION 10. Default by Either Party. If any party hereto fails to perform or comply with any of the conditions of this Agreement, and if the nonperformance shall continue for a period of thirty (30) days after the written notice thereof to the non-performing party, or if the performance cannot be reasonably completed within the 30-day period, or if the non- performing party does not in good faith commence performance within the30-day period and does not diligently proceed to complete performance, the non-performing party shall be in default or breach of this Agreement. SECTION 11. Indemnification. In the event RECIPIENT shall fail to comply with any reuse water rule or regulation of any Federal, State or County or local agencies, except BOARD, or violate any permit granted with regard to the use of the irrigation system on the RECIPIENT's property, then RECIPIENT shall indemnify the BOARD, its officers~ governing board, employees and agents against all claims, demands, causes of actions, suits, judgments, fines, penalties, or losses, including all costs suffered or incurred by the BOARD by reason of such failure. In the event the BOARD shall fail to comply with any rule, regulation, order of any Federal, State or County or local agency, or fail to deliver water meeting the quality standards provided by this Agreement, then the BOARD shall, to the extent allowed by law, indemnify the RECIPIENT, its officers, board of directors, employees and agents against all claims, demands, causes of actions, suits, judgments, penalties, fines, or losses suffered or incurred by the RECIPIENT as reason of such failure. SECTION 12. Remedies of Default. If either party hereto shall be in default hereunder as set forth in Section 10, then the other party shall have the following remedy: bring suit for th~ breach which has occurred without affecting the obligations of the party to perform the balance of the Agreement. The parties shall have the right not only to injunctive relief, but also to recover any damages which a party may incur as a result of the breach of this Agreement by the other party. The parties further agree that any litigation shall be brought in Palm Beach County, Florida, only, and the parties agree that the proper venue for any such action would only be in Palm Beach County, Florida. The parties further waive any right to Jury trial they may have in any action among them involving this Agreement or the alleged breach thereof. 7-23-96 REUSE\DELlVER2.AGR 12 SECTION 13. Dis. _limers of Third Party Be: :iciaries. This Agreement is solely for the benefit of the formal parties hereto and no right or cause of action shall accrue upon or by reason hereof or to or from or for the benefit of any third party not a formal party hereto. SECTION 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement. SECTION 15. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. SECTION 16. Entire Agreement. This agreement contains the entire Agreement between the parties hereto with respect to this transaction and supersedes all prior negotiations and all prior written or oral understandings. SECTION 17. Amendments. This Agreement may only be amended, supplemented or discharged by an instrument in writing signed by all parties hereto. SECTION 18. Recordation. This Agreement or a mutually agreeable memorandum thereof wi.ll be recorded in the public records of Palm Beach County, Florida. SECTION 19. Extent of Agreement. Each party shall advise the other party, in writing, as to the status of its construction document preparation and construction of associated improvements on a monthly basis to ensure that both parties' activities are progressing with reasonable diligence. SECTION 20. Completion Date. The Board agrees to use its best efforts have its Reclaimed Water facilities completed and available for use for RECIPIENT and RECIPIENT agrees to use its best efforts have its Irrigation System complete and to accept delivery of Reclaimed Water from the BOARD on or before November 1, 1997, subject to matters beyond the reasonable control of either party. . Notwithstanding any provision of this Agreement to the contrary, the RECIPIENT shall have the absolute obligation to commence payments for the reclaimed water upon the completion of construction as provided for in Section 3.5 above. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD /1 /J ATTE.STEIY:.. llY :...... Pt. :tZ. 7J.. /' I &fJr' A _....;;i' .' ~ -' b " ;./'~/ / t~/ ~ h- Secreta~y By: ~~I! ///"/P~ Chairman I 7-Z3-96 REUS&\DELlVERZ.AGR 13 APPRO~D AS TO ~1~: '~\ L-~,-==- Board Attorney APPROVED BY: ./-7 / /. .//.....- // fi ..:-f:-:;;">'_~ J'/ /~' j---4~ CitY/~0f D~-1ray ~,Eiach, Mayor APPROVED/BY: I.> /1 : _'''"--..., .J1 ,- (/ ~ ,,----- >/;~/ .>::5z--r7~;>')';' />1:--<<'7 >/.. cr->~_ - j ........ _or City of/BOynton .B~ach, Mayor . II >? ,;.; /;/ (/ 7-23-96 REUSE\DELlVER2.AGR PINE TJU3-P;-- GObF ~~ / \ / ,/ '.,~ ( ,~ /- . --~' . .... By: "",- ,~/ - 'C '- / .,/( or/) / /J y---. tl 14 ASSIGNMENT AGREEMENT ~05-0B7 ~~ THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of ,2005, by and between thSOUTH CENTRAL REGIONAL W ASTEW A TER TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter 163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON." WITNESSETH; WHEREAS, the BOARD has heretofore entered into that certain Agreement with Pine Tree Golf Club, concerning delivery and acceptance of reclaimed water dated the 17 lh day of January, 1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water Agreement;" and WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach; and WHEREAS, in order to implement such modification and the mode of operation as above described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such assignment, shall assume all of the rights, duties and obligations of the BOARD under said Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one party to the other, the receipt and adequacy of which is hereby acknowledged, the parties hereby agre-e as follows: 1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed Water Agreement to BOYNTON, effective the 1st day of October, 2005. 2., BOYNTON hereby agrees to accept and assume all rights, benefits and obligations created under the said Reclaimed Water Agreement pursuant to this assignment. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day and year first above written. SOUTH CENTRAL REGIONAL W ASTEW A TER TRE MENT AND DISPOSAL BOARD --.... l~ Chairman APPROVED AS TO FORM B~ ATTESTED BY: Secretary APPROVED AS TO FORM City Attorney CITY OF BOYNTON BEACH By: Mayor THIS AGREEMENT is made and entered into on this \ '7 day of c...\r~n. ~, by and between South Central Regional Wastewater TreatmJnt' and Disposal Board, a municipal corpo'ration created pursuant to the laws of the State of Florida (hereinafter BOARD), and Pine Tree Golf Club (hereinafter RECIPIENT). AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AND PINE TREE GOLF CLUB CONCERNING DELIVERY AND ACCEPTANCE OF RECLAIMED WATER Accordingly, for and in cons ideration contained herein, mutual understandings contained herein, and other consideration, sufficiency of which is hereby acknowledged the parties covenant and agree as follows: of the recitals and agreements the receipt and by the parties, SECTION 1. Recitals. The below recitals are true and correct and form a material part of this Agreement. 1.1 The parties hereto represent to one another that each has the full power and authority to enter into this Agreement and to carry out their respective obligations thereunder. The BOARD is composed of the Cities of Boynton Beach and Delray Beach (the "Cities"), pursuant to an Interlocal Agreement entered into pursuant to Chapter 163, Florida Statutes. 1.2 The parties recognize that reuse of Reclaimed Water is in the public interest,as it recaptures an otherwise wasted and unused water resource. The BOARD owns and operat,es wastewater fac~lities which it proposes to upgrade to produce Reclaimed Water suitable for irrigation of areas, such as golf courses, parks, school. grounds and cemeteries, and RECIPIENT is willing to accept such Reclaimed Water for irrigation purposes in the public interest. 1.3 In a normal year, RECIPIENTS will irrigate approximately 240 days and most of RECIPIENT'S daily requirements will be needed during approximately 12 hours comm~nc;Lng about sundown. BOARD agrees to Use its best efforts to supply Reclaimed Water on demand to RECIPIENT up to the volume and at the charge set forth in this Agreement. REC~PIENT has valuable golf courses that require access to such Reclaimed Water and has expended substantial money and effort and has foregone other avenues to meet its irrigation requirements in reliance on this Agreement. The BOARD is not required to upgrade its wastewater system to produce Reclaimed Water but is doing so in reliance Upon the RECIPIENT entering into this Agreement. 7-23-96 !lEUSE\OELIVER2.AGR 1 1.4 The RECIPIENT owns and controls land which is described in Exhibit "A" (the "Property"), attached and made a part 'hereof by reference. 1.5 RECIPIENT agrees to: (a) irrigate the Property using Reclaimed Water; (b) maintain the storage facility, if applicable, ponds and lakes, if applicable, pumps and irrigation system to be located on the Property from the point of delivery; and (c) upgrade its irrigation system when reasonable and economical to utilize the volume of Reclaimed Water accepted from the BOARD and as required to meet any federal: state, or local requirements: Cd) maintain compliance with the operating restrictions for protecting human health and the environment attached thereto as Exhibit "B". 1.6 Recipient shall accept the Reclaimed Water delivered by the BOARD and use it for irrigation of the Property'. The BOARD shall be deemed to be in possession and control of the Reclaimed Water until it shall have been delivered to the RECIPIENT at the Point of Delivery. After such delivery, the RECIPIENT shall be deemed to be in posse'ssion and control thereof. 1.7 The RECIPIENT agrees to maintain all Federal, State and governmental permits issued to it and necessary to allow it to receive and utilize the' Reclaimed Water pursuant to the terms of this Agreement. 1.8 The right of the RECIPIENT to sell, transfer or encumber the Property in areas irrigated with the Reclaimed Water shall not be restricted by this Agreement. This AgreemE:!nt shall run wi ththe land so long as the use of a major portion of the Property shall continue to be for golf course and related purposes. Any subsequent party in interest to such golf course or courses shall be obligated to receive and pay for Reclaimed Water under the same terms and conditions of this Agreement, unless modified by mutual consent of the BOARD and the buyer or transferee. 1.9 METER. The design and construction of the metering fac~lity shall be the responsibility of the BOARD and must be mutually approved in advance in writing by BOARD and RECIPIENT. The meter will be utilized to measure the amount of Re~laimed Water delivered by the BOARD to RECIPIENT and the BOARD shall operate, maintain, cause to be calibrated, and repair said meter.. 1.10 CONSTRUCTION. Upon completion of the engineering design of the metering faCility, and the acceptance of same by both parties, the metering facility will be constructed by the BOARD and plaqed into service. 7-23-96 REUS&\D&LIVER2.AGR 2 1.11 COSTS AND OPERATION. The BOARD shall bear the cost of constructing, owning and maintaining the Reclaimed Water meter and related appurtenances and the lines interconnecting BOARD's system into the metering facility, including all valves and appurtenances up to and including the discharge flanges of the valves immediately downstream of the meter. The parties agree that the RECIPIENT shall have reasonable access to the metering facility, to all other Reclaimed Water meters, check valves, and any other appu~tenances thereto, to verify flows, meter readings, meter calibrations, efficiency of the check valves, and any other performance data necessary to the operations of the Interconnection facility upon reasonable advance notice to the Board. The metering device shall be tested and calibrated, at BOARD's expense, at least once per year and repaired if required. Any errors in meter reading and any discrepancy in meter results from a true and correct measure of Reclaimed Water flow to RECIPIENT shall pe adjusted properly and retroactively to reflect the flow to RECIPIENT. Any incorrect metering device shall be repaired forthwith by the BOARD. ' 1.12 This agreement has been duly authorized by all named parties. Pursuant to Section 3 (C) of the Interlocal Agreement dated December 26, 1974, between the City of Boynton Beach and the City of Delray Beach, this Agreement and all provisions thereof have been contractually approved by a majority vote of each City Council as the act of each City, or, if such approval has not already been obtained, such approval will be obtained and certified to RECIPIENT before this Agreement shall become effective. SECTION 2. Definitions. The parties agree that in construing this Agreement, the following words, phrases and terms shall have the following meanings, unless the context requires otherwise: 2.1 "Agreement" means this Agreement between BOARD and RECIPIENT. 2.2 "FDEP'" means-the Florida Department of Environmental ProteGtion, and its successors. 2.3 "Fiscal Year" means October 1 to September 30 of the fallowing year. 2.4 "GPO" means gallons per day. 2.5 "Irrigation system" means those pump stations, lines, pipes, sprinkler heads, ponds and lakes, storage facilities, if applicable, and pertinent equipment that are located on RECIPIENT's property and used to store, spray and irrigate with Reclaimed Water that has been treated in accordance with 1-23-96 REUSE\DEL~VER2_AGR 3 all applicable governmental regulations and in accordance with the terms and provisions of this Agreement. 2.6 "MGD" means million gallons per day. 2.7 "Point of delivery" means the point at which divides the BOARD's wastewater facilities RECIPIENT's irrigation system, or as otherwise engineering drawings approved by both parties. the meter from the noted on 2.8 "Reclaimed Water" means wastewater that has been treated in accordance with Section 3.4 of this Agreement. 2.9 "Reclaimed Water Disposal Facilities" means those facilities necessary for the storage, if applicable,' transportation and disposal of wastewater previously treated in accordance with applicable local, state and federal standards and limitation at the plant to the standard of Reclaimed Water. These facilities include, but are not limited to, any Reclaimed Water transmission facilities, irrigation systems and storage facilities, if applicable. 2.10 "Reclaimed Water Transmission Facilities" means the BOARD's facilities used to transmit Reclaimed Water. 2.11 "Storage Facilities" means those facilities which may be designed, permitted and constructed on the Property, if ~pplicable, or upon the BOARD's property, if applicable, and which are necessary to store and hold Reclaimed Water in a manner that complies with regulatory requirements. 2.12 "Wastewater" means the product received by the wastewater treatment facility for treatment. 2.13 "Wastewater Facilities" means the BOARD's plant located at 1801 North Congress Avenue, Delray Beach, Florida, and Reclaimed Water transmission facilities, including all interceptors, lines, pipes, meters, couplings, pumps, force mains, and appurtenant equipment necessary to treat and transmit the Reclaimed Water. SECTION 3. Grant of License and Easement. RECIPIENT hereby grants to BOARD an easement over the Property, including a 15 foot utility easement to be mutually agreed upon and located in the approximate location depicted on Exhibit "C" attached hereto, to allow construction, operation, maintenance and repair of the BOARD's Reclaimed Water transmission main to the point of delivery, and' the right to transmit, deliver and dispose of Reclaimed Water through the irrigation system and storage facility, if applicable, on the Property in accordance with and subject to the following conditions: 7-23-96 REUSE\DELTVERZ.AGR 4 3.1 Desicrn and installation of Certain Facilities. BOARD agrees to design, permit, install and operate improvements and additions at its existing wastewater treatment plant, and the BOARD's Reclaimed Water transmission facilities, and to Penuit effluent disposal facilities in order to provide Reclaimed Water at the point of delivery. RECIPIENT agrees to design, permit, install and operate, at its sole expense, any storage facili ty, if applicable, and the irrigation system on the Property up to the point of delivery. 3.2 Permits and Approval for the Irricration System. Recipient shall be responsible, in cooperation with Board, for obtaining and maintaining necessary governmental permits and approvals in order to install and operate the irrigation system: provided, however, that Board shall be responsible for obtaining and maintalning all. permits for Reclaimed Water disposal facilities. For all wastewater facilities located on its side of the point of delivery, Board shall be solely responsible for obtaining, compiling, providing and complying with all monitoring, sampling, testing, and reporting requirements for the Reclaimed Water, which may be imposed by government law, rule, permit, or approval. Recipient shall grant Board upon reasonable advance notice to RECIPIENT access to the irrigation system as needed to assure continued compliance with applicable laws and regulations, including, but not limited to, any monitoring or testing requirements. 3.3 - A. Deliverv of Reclaimed Water. BOARD agrees to use its best efforts to make available and deliver in the volume and at the times requested, an annual volume of Reclaimed Water of at least 86 million gallons (MGY) , with maximum volume anyone day up to but not to exceed 800,000 gallons per day (GPD), at a rate of 1,750 gallons per minute (GPM), for use on the Property and, at its cost, to ~onnect the BOARD's Reclaimed Water transmission facilities to RECIPIENT's irrigation system at the point(s) of delivery agreed upon and as shown in Exhibit "C". Both RECIPIENT and BOARD recognize that water supply and demand will vary depending on a number of factors, primarily climatic conditions. , B. Storacre. The RECIPIENT shall maintain, in compliance with all applicable laws and regulations, the necessary storage facilities on their property at their sole expense. 3.4 Quality of Reclaimed Water. BOARD shall make available to RECIPIENT Reclaimed Water of a quality consistent with the requirements of "public access" treatment levels as set forth in Chapter 17-610, Florida Administrative Code, or its successor Code provisions, or of a quality consistent with more stringent requirements that may be imposed by any governmental agency having jurisdiction.and legal authority. In recognition of the need to supply Reclaimed Water, the 7-23-96 REUSE\DELIVERZ .AGR 5 BOARD shall also be required to comply with effluent limi tations set forth in Exhibit "0". All Reclaimed Water made available by BOARD under this Agreement shall, at a minimum, have been treated by advanced treatment methods to remove harmful levels of bacteria, viruses, and other constituents or pollutants which could constitute a danger to human health, and in accordance with all applicable federal, sta te and local laws, rules, regulations, policies, ordinances, resolutions, orders and permi ts and the requirements of Exhibit "0". BOARD shall provide continuous monitoring of chlorine and turbidity, as well as other required ground and surface water quality sampling and monitoring of Reclaimed Water as required by local, state and federal regulations and by Exhibit "0". BOARD agrees to divert away as expeditiously as possible, from the irrigation system, any Reclaimed Water which does not comply with the terms and conditions of this Agreement or which does not meet the applicable state, federal or local laws and regulations and to promptly and fully notify RECIPIENT of such action. Copies of all test results shall be available to RECIPIENT upon request. 3.5 Minimum Purchase of Reclaimed Water by RECIPIENT. Upon completion of the construction of the wastewater facilities and continuing for so long as BOARD complies with the requirements set forth in this Agreement, RECIPIENT has an obligation to pay for at least 86 million gallons annually of Reclaimed Water for spray irrigat.ion on the Property, subject to conditions as set forth in Section 3.3 of this Agreement. Notwithstanding anything to the contrary, Recipient .shall not be obligated to accept delivery of or pay for Reclaimed Water which does not comply with the terms and conditions of this agreement. Such exception to RECIPIENT'S obligation to accept delivery of such Reclaimed ,Water by reason of the Board's failure to meet the water quality standards required in this Agreement shall relieve RECIPIENT of its obligation to pay BOARD for the minimum annual volume set forth above at the rates determined pursuant to Paragraph 5 below only to the extent that the BOARD shall not have made available to RECIPIENT such annual minimum volume of Reclaimed Water mee'ting t'he requirements of this Agreement through the completion of the then current fiscal year. Recipient shall not transfer the water provided by Board to any third party or off of the Recipient's property which is the subject of this agreement. 3.6 RECIPIENT shall be responsible for all maintenance of water and its irrigation system on RECIPIENTS side of the point(s) of delivery. 7-23-95 REUSE\DELIVERZ.AGR 6 3.7 Nothing in this Agreement shall be construed to give RECIPIENT any right to the exclusive receipt of BOARD's Reclaimed Water supply. 3.8 The BOARD agrees that it will not enter into contracts with other recipients of Reclaimed Water for more than its daily supply capacity as the same exists from time to time. SECTION 4. Term and Fees 4.1 Term. The Easement and this Agreement shall be in effect for a period of twenty (20) years commencing on the date of execution of this Agreement. The term of the Easement and this Agreement shall he automatically extended for successive periods of ten (10) years each, upon the same terms and conditions as herein provided, unless either party hereto notifies the other by certified mail at least three years prior to the expiration of the initial term 'of this Agreement or any renewal thereof, that this Agreement shall not be so extended. 4.2 PaYment of Fees. In return for and in consideration of BOARD's construction of facilities and delivery of Reclaimed Water, RECIPIENT agrees to pay BOARD a one-time connection fee of $5,100.0D and a volUme charge of 206 for each 1,000 gallons of Reclaimed Water used, (the "Voluine Charge") but on an annual basis not less than the above rate times the minimum quantity RECIPIENT has agreed to purchase under Section 3.5 together with a storage charge equal to 8c, (the "Storage Charge.i) for each 1,000 gallons of Reclaimed Water the Volume Charge for which is paid for by RECIPIENT, as provided above. Su~h storage charge' shall remain constant and shall not be adjusted, during the term of this Agreement or any extension. Payment of the connection fee shall be in one lump sum no later than the commencement of construction of the modification to the BOARD's wastewater facilities for the treatment and production of Reclaimed Water. The Volume Charge shall remain constant until the expiration of the third (3) fiscalyefrr from the commencement of pumping (pro~id~d that if less than six (6) months expires between the time BOARD commences or makes available delivery of Reclaimed Water and the end of, the first fiscal year,' such first year shall not count as the first fiscal year), after which the price will be redetermined as provided in Section 5. The BOARD shall render billings to RECIPIENT for both the volume charge and storage charge on a monthly basis for such applicable charges on the basis of the greater of the actual Reclaimed Water delivered or the volume charge and storage charge for 1/12th of the minimum guaranteed annual volume agreed to be accepted by RECIPIENT pursuant to Section 3.5 above; provided that RECIPIENT shall pay no more, on a fiscal year basis, than (i) such minimum annual guaranteed volume 7-23-96 REUSE\ DELlllER2 .AGR 7 charge or (ii)charges for Reclaimed Water actually accepted during the fiscal year, whichever is more. 4.3 In the event the BOARD shall not be able to deliver Reclaimed Water in the minimum volume agreed to in Section 3.5 of this Agreement, as a result of its inability to do so and through no action or inaction on the part of the RECIPIENT, the RECIPIENT shall be entitled to a credit for such shortage in the minimum agreed to volume (by a proportionate reduction) . SECTION 5. Future Adjustment of Price of Reclaimed Water. The Volume Charge shall be adjusted after the first three (3) fiscal years as aforesaid upward or downward based on one-half (i) of the year-to-year change in the actual operating costs of producing, metering and delivering Reclaimed Water from effluent and transmitting it to the point of delivery for the RECIPIENT as it relates to the preceding year's Volume Charge, however, such Volume Charge shall never be less than 20<: per thousand gallons nor shall an increase be applied if the actual operating costs shall be less than said 20<: per thousand gallons. The first such adjustment shall occur effective the first day of the fourth fiscal year following the initial delivery of Reclaimed Water to RECIPIENT and shall reflect one-half (!) the relative increase or decrease in actual operating costs incurred by the BOARD during the second fiscal year of delivery of Reclaimed Water to RECIPIENT as compared to the third fiscal year and for each subsequent year thereafter as compared to the previous year. The actual operating cost and change therein shall be the basis for determining the index for making the adjustments in the Volume Charge. Actual operating costs ("Actual Operating Costs") shall be determined in conformity with _generally accepted accounting principles consistently applied, except the depreciation of plant and equipment and any other provision for capital recovery, including interest on long term debt, shall not be included as operating cost~, a~ such costs are properly allocable to wastewater customers. Any increase or decrease in the Volume Charge shall be determined as soon as reasonably practicable and shall be effective retroactive to the scheduled date of adjustment and a sum due to the BOARD as a result of the retroactive effect of such adjustment or the credit due the RECIPIENT, if applicable, shall be reflected in the next billings regularly submitted by BOARD to RECIPIENT as provided in Subparagraph 5.4. 5.1 BOARD personnel shall establish, or cause to be established, and maintain an accbunting system in which such current operating costs are recorded monthly in separate accounts from sewage processing accounts. Costs shall be recognized on a first-in first-out basis. The BOARD personnel shall prepare and preserve any studies relating to the allocation of operating costs on other than an actually incurred basis. By way of example, the parties agree that all 7-23-96 REUSE\DELlVERZ.AGR 8 operating and mai. ~enance costs of labor, che ~als and power, permits, regulatory requirements, legal, engineering, administration, testing, meter calibration and contract services may be allocated based on appropriate data or studies. Such current operating costs shall be recorded on a consistent basis from month to month and year to year, and the total for each fiscal year shall be used to calculate a cost per thousand gallons of Reclaimed Water delivered beginning with the second fiscal year after the plant starts to deliver Reclaimed Water to RECIPIENT. 5.2 By way of example, if delivery begins on October 6, 1996, the third fiscal year thereafter would be October 1, 1998 to September 30, 1999. Assume that the actual cost of producing Reclaimed Water for the fiscal year October 1, 1997 through September 30, .1998 was 216. Further, assume that the Actual Operating Cost of producing and delivering Reclaimed Water to RECIPIENT during the second fiscal year to the end of the third fiscal year (October 1, 1997, through September 30, 1999) increased from 21<: per thousand gallons to 23<: per thousand gallons. The index for increase would be calculated by dividing the base cost of 216 per thousand gallons into one-half (!) the 26 increase in cost, resulting in an increase of 4.76% to the p'revious years' Volume Charge of 206 per thousand gallons for the fourth fiscal year, equal to 20.95<: per thousand gallons (t x 2 = 1 7 216 = .0476, then 20<: x 1.0476 = 20.95C). 5.3 As soon as reasonably practical, after each fiscal year for which the contract price is subject to adjustment , the BOARD shall prepare a statement showing in reasonable detail the actual operating costs to produce Reclaimed Water from effluent for the latest two fiscal years. For each such year, the statement shall also spow (1) the number of gallons in thousands of Reclaimed Water delivered to Reclaimed Water users, (2) the cost per thousand gallons -of Reclaimed Water calculated by dividing such operating costs by such gallons, ( 3 ) the calculation of the ratio of change in cost per thousand gallons from the earlier year to, the later year, and" (4) the calculation of the adjusted price for the later year. This statement shall be deemed to be the responsibility of the BOARD, '. and the BOARD's Executive Director shall attest in writing to the propriety of the costs and calculations shown thereon. 5.4 By January 15 of each year, the BOARD'S Executive Director shall submit to RECIPIENT the supplemental statement set forth in the preceding paragraph, together with the attestation thereto by the BOARD. At the same time, the BOARDS Executive Director shall submit to RECIPIENT a bill or credit showing (l)the amount paid by the RECIPIENT .for Reclaimed Water delivered in the current fiscal year, (2)the amount payable for Reclaimed Water delivered in the current fiscal year based on the adjusted price for the year as set forth above, and (3)the difference. Any such difference shall 1-23-96 REUS&\D&LIVRRZ.AGR 9 be either paid pl;:. .ptly by the RECIPIENT, or in the next billing to the RECIPIENT. )wn as a credit 5.5 For billing purposes only prior to the d~teI1Uination of actual costs for adjusting the Volume Charge, during each year subject to price adjustment, the BOARD may use a tentative price per thousand gallons based on using budgeted costs for.the current year in the price adjustment calculation set forth above. 5.6 RECIPIENT, at its own expense, has the option of examining the financial statements, general books and related records, and production records of the BOARD. 5.7 Notwithstanding the above provisions, the price paid by the RECIPIENT for Reclaimed Water shall be adjusted downward in the event the BOARD offers Reclaimed Water to any other non-governmental customer(s) upon substantially similar terms and conditions for the same use of the Reclaimed Water at a lower charge than RECIPIENT is or will be paying under this Section 5. Such downward adjustment shall be made to guarantee RECIPIENT that no other user of Reclaimed Water for similar purposes shall receive a more favorable charge than will also be given to RECIPIENT under similar circumstances. 5.8 To the extent that the BOARD receives governmental or environmental noncapital improvement subsidies which are provided to the BOARD for encouraging wastewater reuse and which are intended to be applied pursuant to the terms of such grant or subsidy to the operational costs of the Reclaimed Water facility, as opposed to capital improvements or expansion of such Reclaimed Water facility, the BOARD will apply such funds, to the extent allowed, to its Reclaimed Water facility operating costs. 5 . 9 The parties to this Agreement agree and recognize that RECIPIENT is under no legal or other"obligation to enter into this Agreement for reuse of wastewater. RECIPIENT currently has operating permits from FDEP and the Water Management District to pump surface and ground water for all RECIPIENT'S irrigation needs and RECIPIENT'S costs to pump this surface and ground water is substantially less than the charges RECIPIENT will pay for Reclaimed Water under this Agreement. RECIPIENT'S only consideration and motivation to enter into this Agreement is to insure sufficient irrigation water by receiving its full allocation of Reclaimed Water on demand in accordance with the rate and delivery conditions set forth in this Agreement,.free from adverse environmental or climatic impact. RECIPIENT has determined that the benefits of this Agreement are only marginally economically feasible. Therefore, if as a result of any action by the BOARD, the City of Delray Beach or the City of Boynton Beach, RECIPIENT would be required to pay charges in excess of those e~tablished under Section 5, then RECIPIENT shall have the option of canceling this Agreement upon sixty (60) days advance written notice to the BOARD. 1-23-96 REUSE\DELlVERl.AGR 10 SECTION 6. Inspt .:ion. BOARD shall have tr right to enter RECIPIENT's property, upon proper identification and at any reasonable time, in order to inspect the irrigation system as may be necessary or desirable for the operation, safety, protection, or preservation thereof, to determine compliance with any law, order or regulation of any governmental authority having jurisdiction, and for sampling at any monitoring wells located on the property. RECIPIENT shall have the right to enter the BOARD's plant and properties and the right of access to its wastewater facilities and records, at any reasonable time, for the purpose of determining whether the BO~~D is in compliance with this Agreement. SECTION 7. Assignments. This Agreement can be assigned by RECIPIENT only with the prior written approval of BOARD, but such approval shall not be unreasonably withheld, provided the assignee shall assume this Agreement and shall demonstrate to BOARD its financial ability to comply with the provisions hereof. . SECTION 8. Notices; Proper Form. Any notice required or allowed to be delivered hereunder shall be in writing and shall be deemed to be delivered when (1) hand delivered to the official hereinafter designated, (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to a party at the address set forth opposite the party' name below, or at such other address as the party' shall have specified by written notice to the other party delivered in accordance herewith: BOARD SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD Executive Director 1801 North Congress Avenue Delray Beach! FL 33445 RECIPIENT PINE TREE GOLF CLUB C/O Club Manager 10600 Pine Tr~e Terrace Boynton Beach, FL 33436 COpy TO: Boynton Beach City Manager P.O. Box 310 Boynton Beach, FL 33425-0310 COpy TO: Delray Beach City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 1-23-96 REUSE\DELlVERl.AGR 11 COpy TO: Robert W. Federspiel, Esq. 501 East Atlantic Avenue Delray Beach, FL 33483 SECTION 9. Notices; Default. Each of the parties hereto shall give the other party written notice of any defaults hereunder and shall allow the defaulting party 30 days from the date of receipt to cure such defaults, except failure to deliver water on demand. SECTION 10. Default by Either Party. If any party hereto fails to perform or comply with any of the conditions of this Agreement, and if the nonperformance shall continue for a period of thirty (30) days after the written notice thereof to the, non-performing party, or if the performance cannot be reasonably completed within the 30-day period, or if the non- performing party does not in good faith commence performance within the 30-day period and does not diligently proceed to complete performance, the non-performing party shall be in default or breach of this Agreement. SECTION 11. Indemnification. In the event RECIPIENT shall fail to comply with any reuse water rule or regulation of any Federal, State or County or local agencies, except BOARD, or violate any permit grarlted with regard to the use of the irrigation system on the RECIPIENT's property, then RECIPIENT shall indemnify the BOARD, its officers ~ governing board, employees and agents against all claims, demands, causes of actions, suits, judgments, fines, penalties, or losses, includi.ng all costs suffered or incurred by the BOARD by reason of such failure. In the event the BOARD shall fail to comply with any rule, regulation, order of any Federal, State or County or local agency, or fail tod~liver water meeting the quality standards provided by this Agreement, then the BOARD shall, to the extent allowed by law, indemnify the RECIPIENT, its officers, board of directors, employees and agents against all claims, demands, causes of actions, suits, judgments, penalties, fines, or losses suffered or incurred by the RECIPIENT as reason of such failure. SEC~ION 12. Remedies of Default. If either party hereto shall be in default hereunder ?s set forth in Section 10, then the other party shall have the following remedy: bring suit for th~ breach which has occurred without affecting the obligations of the party to perform the balance of the Agreement. The parties shall have the right not only to injunctive relief, but also to recover any damages which a party may incur as a result of the breach of this Agreement by the other party. The parties further agree that any litigation shall be brought in Palm Beach County, Florida, only, and the parties agree that the proper venue for any such action would only be in Palm Beach County, Florida. The parties further waive any right to Jury trial they may have in any action among them involving this Agreement or the alleged breach ther~of. 1-23-96 REUSE\DELIVERl.AGR 12 SECTION 13. Dis, ..iimers of Third Party Be: :iciaries. This Agreement is solely for the benefit of the formal parties hereto and no right or cause of action shall accrue upon or by reason hereof or to or from or for the benefit of any third party not a formal party hereto. SECTION 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement. SECTION 15. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. SECTION 16. Entire Agreement. This agreement contains the entire Agreement between the parties hereto with respect to this transaction and supersedes all prior negotiations and all prior written or o~al understandings. SECTION 17. Amendments. This Agreement may only be amended, supplemented or discharged by an instrument in writing signed by all parties hereto. SECTION 18. Recordation. This Agreement or a mutually agreeable memorandum thereof wi.ll be recorded in the public records of Palm Beach County, Florida. SECTION 19. Extent or Agreement. Each party shall advise the other party! in writing, as to the status of its construction document preparation and construction of associated improvements on a monthly basis to ensure that both parties' activities are progressing with reasonable diligence. SECTION 20. Completion Date. The Board agrees to use its best efforts have its Reclaimed Water facilities completed and available for use for RECIPIENT and RECIPIENT agrees to use its best efforts have its Irrigation System complete and to accept delivery of Reclaimed Water from the BOARD on or before November 1, 1997, subject to matters beyond the reasonable control of either party. . Notwithstanding any provision of this Agreement to the contrary, the RECIPIENT shall have the absQlute obligation to commence payments for the reclaimed water upon the completion of construction as provided for in Section 3.5 above. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ;::;----- .r'" ~7 #d ____ By: ~!,.AA/ &: -0 /"'. -,~.,v./ . Chairman ~ 1-23-96 REUSE\DELlVERl.AGR 13 APPROVED AS TO FOM: ,/'i /11' / I ~ ,/ ,\ f...--.,.~- j ! Board Attorney /j ~------ J l By :'-..,. APPROVED BY: ,,/'. /' ~/"<;; //"/ //.., -. ,./ ~.// _~ .r"'/ /:,--7 ...? /~ - ..~ Ci tY-:0 f D~'lray ~J/ach.1 Mayor APPROVED/BY: <~/"- '1 __~._ -.. -7 " (/ --......... /./ ~ /./ /~J~<-i/~~-"I ?'~,>/ c:'Z_ Cii:y of )fuyntoD,;Bl2ach, Mayor .<;/ ///' ',' /"-/ / / :/ ~-'" 7-23-96 REUSE\DELIVERl.AGR 14 ASSIGNMENT AGREEMENT ~ ,1- ';:\05-087 ~ THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of ,2005, by and between thSOUTH CENTRAL REGIONAL W ASTEW A TER TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter 163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON." WITNESSETH; WHEREAS, the BOARD has heretofore entered into that certain Agreement with Quail Ridge Country Club, concerning delivery and acceptance of reclaimed water dated the 5th day of August, 1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water Agreement;" and WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach; and WHEREAS, in order to implement such modification and the mode of operation as above described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such assignment, shall assume all of the rights, duties and obligations of the BOARD under said Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one party to the other, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: I. The BOARD hereby assigns aU rights, benefits and obligations under the Reclaimed Water Agreement to BOYNTON, effective the 1st day of October, 2005. . 2.. BOYNTON hereby agrees to accept and assume aU rights, benefits and obligations created under the said Reclaimed Water Agreement pursuant to this assignment. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day and year first above written. SOU CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD B~ t: ~-/u h..- Printed Name: 1\111 j reF!? 't g ')l; 0 tl Chairman ~VED AS TOfF[JRM BrdAtt~rn~y-- ..- L ATTESTED BY: Secretary APPROVED AS TO FORM City Attorney CITY OF BOYNTON BEACH By: Mayor ',' c ." 'c,> I-:c 7 FIRST AMENDMENT AND RESTATEMENT OF. --- AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL WAsTEWATER TREATMENT AND DISPOSAL BOARD AND QUAIL RIDGE COUNTRY CLUB CONCERNING DELIVERY AND ACCEPTANCE OF RECLAIMED WATER THIS FIRST AMENDMENT AND RESTATEMENT of that certain AGREEMENT dated January 18, 1996, is made and entered into on this .; day of Jlv~t\~ , 1997, by and between South Central Regional astewater Treatment and Disposal Board, a municipal corporation created pursuant to the laws of the State of Florida '(hereinafter BOARD), and Quail Ridge Country Club, Inc. (hereinafter RECIPIENT). WIT N E SSE T H: WHEREAS, the BOARD and RECIPIENT have heretofore entered into that certain Agreement Concerning Delivery and Acceptance of Reclaimed Water dated January 18, 1995; and WHEREAS, RECIPIENT has requested an Amendment to. such Agreement to provide for' additional volumes of reclaimed water in" order to allow RECIPIENT to supply reclaimed water for landscape irrigation purposes to the Quail Ridge Property Owner's ASSOCiation, Inc. , (the "POA"), pursuant to the contractual relationship between RECIP1ENT and the POA; and WHEREAS, the BOARD is agreeable to amending said Contract to provide the additional volumes requested pursuant to the tenns and conditions set forth in this Amendment. Accordingly, for and in consideration of the recitals contained herein, mutual understandings and agreements contained herein, and other consideration, the receipt and sufficiency.of which is hereby-acknowledged by.itheparties,. the parties covenant and agree as follows: . "'. SECTION 1.. Recitals. The below recitals are true and correct and fo~ a material 'part of this Agreement. 1.1 The parties hereto represent to one another that each has the full power and authority to enter into this Agreement and to carry out their respective obligations thereunder. The BOARD is composed of the Cities of Boynton Beach and Delray Beach (the "Cities "), pursuant. to an Interlocal Agreement entered into pursuant to Chapter 163, Florida Statutes. 4-9-97 Reuse!Quai1.rdg!restatement.amd 1 8 1.. 2 The parties recognize that reuse of Reclaimed Water is in the public interest, as it recaptures. an otherwise wasted and unused water resource. The BOARD owns and operates wastewater facilities which it proposes to upgrade to produce Reclaimed Water suitable for irrigation of areas, such as golf courses, parks, school grounds, cemeteries, and landscaping irrigation, and RECIPIENT is willing to accept such Reclaimed Water for irrigation purposes in the public interest. 1.3 In a normal year, RECIPIENTS will irrigate approximately 240 days and most of RECIPIENT'S daily requirements will be needed during approximately 12 hours cOIIDnencing about sundown. BOARD agrees to use its best efforts to supply Reclaimed Water on demand to REC1PIENT up to the volume and at the charge set forth in this Agreement. RECIPIENT has valuable golf courses that require access to such Reclaimed Water and has expended substantial money and effort and has foregone other avenues to meet its irrigation requirements in reliance on this Agreement. The BOARD is not required to upgrade its wastewater system to produce Reclaimed Water but is doing so in reliance upon the RECIPIENT entering into this Agreement. 1.4 (a) The RECIPIENT owns and controls land (the "Property") which is described in Exhibit "A", attached and made -a part hereof by reference; (b) The RECIPIENT by contractual relationship will have obtained the right to provide reclaimed water for landscaping irrigation purposes to the POA's properties (the "POA Property") which lie within the property described in Exhibit "A. It 1.5 RECIPIENT agrees to: (a) irrigate the Property and provide reclaimed water for irrigating the POA - Property using Reclaimed Water; (b) maintain the storage facility, if applicable, ponds and lakes, if applicable, pumps and irrigation system to be located on the Property from the point of delivery; and (c) upgrade its irrigation system when reasonable and economical to utilize the volume of Reclaimed Water accepted from the BOARD and as required to meet any federal, state, or local requirements, (d) maintain compliance with the op~rating restrictions for protecting human health and the environment attached thereto as Exhibit liB. II 1.6 RECIPIENT shall accept the Reclaimed Water delivered by the BOARD and use it for irrigation of the P~operty and the POA Property. The BOARD shall be deemed to be in possession and control of the Reclaimed Water until it shall have been delivered to the RECIPIENT at the Point of Delivery. Aftersuch~d.elivery, the RECIPIENT shall be deemed to be in possession and control thereo f . 1.7 The RECIPIENT agrees to maintain all Federal, State and governmental permits issued to it and necessary to allow it to 4-9-97 Reuse/Quail.rdg/restatement.amd 2 9 receive and utilize the Reclaimed Water pursuant to the terms of this Agreement. 1.8 The right of the RECIPIENT to sell, transfer or encumber the Property in areas irrigated with the Reclaimed Water shall not be restricted by this Agreement. This Agreement shall run with the land so long as the use of a major portion of the Property shall continue to be for golf course and related pUrposes. Any subsequent party in interest to such golf course or courses shall be obligated to receive and pay for Reclaimed Water under the same terms and conditions of this Agreement, unless modified by mutual consent of the BOARD and the buyer or transferee. 1.9 METER. The design and construction of the metering facility shall be the responsibility of the BOARD and must be mutually approved in advance in writing by BOARD and RECIPIENT. The meter will be utilized to measure the'amount of Reclaimed Water delivered by the BOARD to RECIPIENT and the BOARD shall operate, maintain, cause to be calibrated, and repair said meter. 1.10 CONSTRUCTION. Upon completion of the engineering design of the metering facility, and the acceptance of same by both parties, the metering faci1:i ty will be constructed by the BOARD and placed into service. 1.11 COSTS AND OPERATION. The BOARD shall bear the cost of constructing, owning and maintaining the Reclaimed Water meter and related appurtenances and the lines interconnecting BOARD's system into the metering facility, including all valves and appurtenances up to and including the discharge flanges of the valves immediate1y downstream of the meter. The parties agree that the RECIPIENT shall have reasonable access to the metering facility, to all other Reclaimed Water meters, check valves, and any other appurtenances thereto, to verify flows, meter readings, meter calibrations, efficiency of the check valves, and any other performance data necessary to the operations of the Interconnection facility upon reasonable advance notice to the Board. The.metering device shall be tested and -.calibrated, at iBOARD~ S ,.expense ,;tat::;,least;h.: ,. once per'year and repaired:\if~xequi.red. 'AnY-erJ:Ors.>:in m.eter:',readi.ng..:; _.:.. ., and any discrepancy in meter results from a true' and correct measure of Reclaimed Water flow to RECIPIENT shall be adjusted properly and retroactively to reflect the flow to RECIPIENT. Any incorrect metering device shall be repaired forthwith by the BOARD. 1. 12 This agreement has been duly authoriz~d by all named parties. Pursuant to Section 3 (e) of the Interlocal Agreement dated December 26, 1974, between the City of Boynton Beach and the Ci ty 0 f Delray Beach, this Agreement and all provisions thereof have been contractually approved by a majority vote of each City Counc il as the act of each City, or, if such approval has not 4-9-97 Reuse/Quail. rdg/restatement. amd 3 10 already been obtained, such approval will be obtained and certified to RECIPIENT before this Agreement shall become effective. SECTION 2. Definitions. The parties agree that in construing this Agreement, the following words, phrases and terms shall have the following meanings, unless the context requires otherwise: 2 . 1 "Agreement" means this Agreement betT~een BOARD and RECIPIENT. 2.2 "FDEP" means the Florida Department of Environmental Protection, and its successors. 2.3 "Fiscal Year" means October 1 to September 30 of the following year. 2.4 "GPD" means gallons per day. 2.5 "Irrigation system" means those pump stations, lines, pipes, sprinkler heads, ponds and lakes, storage facilities, if applicable, and pertinent equipment that are located on RECIPIENT's property and used to store, spray and irrigate with Reclaimed Water that has been treated. in accordance with all applicable governmental regulations and in. accordance with the terms and provisions of this Agreement. 2.6 "MGD" means million gallons per day. 2.7 "Point of delivery" means the point at the meter which divides the BOARD's wastewater facilities from the RECIPIENT's irrigation system, or as otherwise noted on engineering drawings approved by both parties. 2.8 "Reclaimed Water" means wastewater that has been treated in accordance with Section 3.4 of this Agreement. 2.9 "Reclaimed Water Disposal Facilities" means those facilities necessary for the. storage, .if. appliCable,'. transportation and disposfil of wastewater' previoUsly treated'.in.'.accordancewith applicable local, state and federal standards and limitation at the plant to the standard of Reclaimed Water. These facilities include, but are not limited to, any Reclaimed Water transmission facilities, irrigation systems and storage facilities, if applicable. 2.10 "Reclaimed Water Transmission Facilities n means the BOARD's facilities used to transmit Reclaimed Water. 2.11 "Storage Facilities" means those facilities which may be designed, permitted and constructed on the Property and the POA 4-9-97 Reuse/Quail.rdg/restatement.amd 4 11 Property, if applicable, or upon the BOARD's property, if applicable., and which are necessary to store and hold Reclaimed Water in a manner that complies with regulatory requirements. 2.12 "Wastewater" means the prdduct received by the wastewater treatment facility for treatment. 2.13 "Wastewater Facilities" means the BOARD's plant located at 1801 North Congress Avenue, Delray Beach, Florida, and Reclabned Water transmission facilities, including all interceptors, lines, pipes, meters, couplings, pumps, force mains, and appurtenant equipment necessary to treat and transmit the Reclaimed Water. SECTION 3. Grant of License and Easemen~. RECIPIENT hereby grants to BOARD an easement over the Property including a 15 foot utility easement to be mutually agreed upon and located in the approximate location depicted on Exhibit "e" attached hereto, to allow construction, operation, maintenance and repair of the BOARD's Reclaimed Water transmission main to the point of delivery, and the right to transmit, deliver and dispose of Reclaimed Water through the irrigation system and storage facility, if applicable, on the Property in accordance wi th and subj ect to the following conditions: 3.1 Desiqn and installation of Certain Facilities. BOARD agrees to design, permit, install and operate improvements and additions at its existing wastewater treatment plant, and the BOARD's Reclaimed Water transmission facilities, and to Permit effluent disposal facilities in order to provide Reclaimed Water at the point of delivery. RECIJ;>>IENT agrees to design, permit, install and operate, at its sole expense, any storage facility, if applicable, and the irrigation system on the Property and the POA Property up to the point of delivery. 3.2 Permits and Approval for the Irriqation System. Recipient shall be .responsible, in cooperation with Board, for obtaining and maintaining necessary governmental permits and approvals in order to install and operate the irrigation system: provided" however.,. : that Board shall be responsible for obtaining and maintaining all pennits for Reclaimed Water disposal facilities. For all wastewater facilities located on its side of the point of delivery, Board shall be solely responsible for obtaining, compiling, providing .and complying. with all monitoring, sampling, testing, and. reporting requirements for the Reclaimed Water, which may be imposed by government law, rule, permit, or approval. . Recipient shall grant Board upon reasonable advance notice to RECIPIENT access to the irrigation system as 'needed to assure continued compliance with applicable laws and regulations, inc~uding, but not limited to, any monitoring or testing reqUirements. 4-9-97 Reuse/Quai~.rdg/restatement_amd 5 12 3.3 Delivery of Reclaimed Water. BOARD agrees to use its best efforts to make available and deliver in the volume and at the times requested, an annual volume of Reclaimed Water of at least 584,000,000 gallons (MGY), with maximum volume anyone day up to but not to exceed 3,690,000 (1,230,000 north connection and 2,460,000 south connection respectively) gallons per day (GPO), at a rate of 7,6B8 (2,563 north connection and 5,125 south connection respectively) gallons per minute (GPM), for use on the Property and the POA Property and, at its cost, to connect the BOARD's Reclaimed Water transmission facilities to RECIPIENT's irrigation system at the point(s) of delivery agreed upon and as shown in Exhibit "C". Both RECIPIENT and BOARD recognize that water supply and demand will vary depending on a number of factors,. primarily climatic conditions. 3.4 Quality of Reclaimed Water. BOARD shall make available to RECIPIENT Reclaimed Water of a quality consistent with the requirements of "public access" treatment levels as set forth in Chapter 62-610, Florida Administrative Code, or its successor Code provisions, or of a quality consistent with more stringent requirements that may be imposed by any governmental agency having jurisdiction and legal authority. In recognition of the need to supply Reclaimed Water, the BOARD shall also be required to comply with effluent limitations set forth in Exhibit "0". All Reclaimed Water made available by BOARD under this Agreement shall, at a minimum, have been treated by advanced treatment methods to remove harmful levels of bacteria, viruses, and other constituents or pollutants which could constitute a danger to human health, and in accordance with all applicable federal, state and local laws, rules, regulations, policies, ordinances, resolutions, orders and permits and the requirements of Exhibit "0". BOARD shall provide continuous monitoring of chlorine and turbidity, as well as other required ground and surface water quality sampling and monitoring of Reclaimed Water as required by local, state and federal regulations and by Exhibit "0". BOARD agrees to divert away as expeditiously as possible, from the irrigation system, any Reclaimed Water which does not comply with the terms and condi tions of this Agreement or which does not meet the applicable state, ,fe,?eral.or local laws and regulations and-to promptly and fully notify RECIPIENT of such action. Copies of all' test results shall be available to RECIPIENT upon request. 3.5 Minimwn Purchase of Reclaimed Water bv RECIPIENT. Upon receipt of all necessary governmental permits and,,'approvals by all parties and completion of construction of wastewater facilLties and continuing for so long as BOARD complies with the requirements set forth ~n this Agreement, RECIPIENT has an obligation to pay for at least 440,000,000 million gallons annually of Reclaimed Water for spray irrigation on the Property and the POA Property, subject to condi tions as set forth in Section 3.3 of this Agreement. 4-9-97 Reuse/Quail.rdg/restatement.amd 6 13 Notwithstanding anything to the contrary, Recipient shall not he obligated to accept delivery of or pay for Reclaimed Water which does not comply with the terms and conditions of this agreement. Such exception to RECIPIENT'S obligation to accept delivery of such Reclaimed Water by reason of the Board's failure to meet the water quality standards required in this Agreement shall relieve RECIPIENT of its obligation to pay BOARD for the minimum annual volume set forth above at the rates determined pursuant to Paragraph 5 below only to the extent that the BOARD shall not have made available to RECIPIENT such annual minimum volume of Reclaimed Water meeting the requirements of this Agreement through the completion of the 'then current fiscal year. Recipient shall not transfer. the water provided by Board to any third party for use off of the Recipient's or the POA Property. Notwithstanding the foregoing, the minimum purchases as above described shall be broken down into two (2) phases: a. Phase I - for the irrigation of the Property (the golf courses) the RECIPIENT obligation shall commence at the time and in the manner as specified in this Agreement with respect to 180,000,000 million gallons year (MGY). b. Phase II - for the irrigation of the Property and the POA Property the minimum obligations as described above shall be increased to 440,000,000 million gallons per year (MGY) upon connection of the supply lines from the RECIPIENT system to the POA's delivery system, provided that such connection and increase in the obligation shall occur not later than six months (6) following the delivery of Reclaimed Water for Phase I, above. 3.6 RECIPIENT shall be responsible for all maintenance of water and its irrigation system on RECIPIENTS side of the point ( s) of delivery. 3.7 Nothing in this Agreement shall be construed to give RECIPIENT any right to the exclusive receipt of BOARD's Reclaimed Water supply. 3.8 The BOARD agrees that it will not enter into contracts with other recipients of Reclaimed Water for more than its daily supply;capacity as the same exists from time to time. . SECTION 4. Term and Fees 4.1 Ternl. The Easement and this Agreement shall be in effect for a period of twenty (20) years connnencing on the date of execution of this Agreement. The term. of the Easement and this Agreement shall be automatically extended for successive periods of ten (10) years each, upon the same terms and conditions as herein 4-9-97 Reuse/Quail.rdg/restatement.amd 7 14 provided, unless either party hereto notifies the other by certixied mail at least three years prior to the expiration of the initial term of this Agreement or any renewal thereof, that this Agreement shall not be so extended. 4.2 Payment of Fees. In return for and in consideration of BOARD's construction of facilities and delivery of Reclaimed Water, RECIPIENT agrees to pay BOARD a one-time connection fee of Six Thousand Five Hundred Dollars ($6,500.00) for the north connection, and Nine Thousand Dollars ($9,000.00) for the south connection, and a volume charge of 20e for each 1,000 gallons of Reclaimed Water used (the "Volume Charge"), but on an annual basis not less than the above rate times the minimum quantity RECIPIENT has agreed to purchase under Section 3.5, together with a storage charge equal to 8e (the "Storage Charge") for each 1,000 gallons of Reclaimed Water the Volume Charge for which is paid for by RECIPIENT, as provided above. Such Storage Charge shall remain constant and shall not be adjusted during the term of this Agreement or any extension hereof. Payment of the connection fee shall be in one lump sum no later than the commencement of construction of the modification to the BOARD's wastewater facilities for the treatment and production of Reclaimed Water. The Volume Charge shall remain constant until the expiration of the third (3) fiscal year from the commencement of pumping (provided that if less than six (6) months expires betweep. the time BOARD commences or makes available delivery of Reclaimed Water and the end of the first fiscal year, such first year shall not count as the. first fiscal year), after which the price will be redetermined as provided in Section 5. The BOARD shall render billings. to RECIPIENT for the volume charge on a monthly basis for such applicable charges on the basis of the greater of the actual Reclaimed Water delivered or the volume charge for 1/12th of the minimum guaranteed annual volume agreed to be accepted by RECIPIENT pursuant to Section 3.5 above; provided that RECIPIENT shall pay no more, on. a fiscal year basis, than (i)such minimum annual guaranteed volume charge or (ii) charges for Reclaimed Water actually accepted during the fiscal year, whichever is more. 4.3 In the event the . BOARD shall not be. able to deliver Recla1med Water in the mInimum volume agreed to in Section 3.5 of this Agreement, as a result of its inability to do so and through no action or inaction on the part of the RECIPIENT, the RECIPIENT shall be entitled to a credit for such shortage in the minimum agreed to volume (by a proportionate reduction). SECTION 5. Future Adjustment of Price of Reclaimed Water. The Volume Charge shall be adjusted after the first three ( 3 ) fiscal years as aforesaid upward or downward based on one~half (!) of the year-to-year change in the . actual operating costs of producing, metering and delivering Reclaimed Water from effluent 4-9-97 Reuse/Quail:rdg/restatement.amd 8 15 and transmitting it to the point of delivery for the RECIPIENT as it relates to the preceding year's Volume Charge, however, Such Volume Charge shall never. be less than 20c per thousand gallons nor" shall an increase be applied if the actual operating costs shall be less than said 20c per thousand gallons. The first such adjustment shall occur effective the first day of the fourth fiscal year following the initial delivery of Reclaimed Water to RECIPIENT and shall reflect one-half (t> the relative increase or decrease in actual operating costs incurred by the BOARD during the second fisc'al year of delivery of Reclaimed Water to RECIPIENT as compared to the third fiscal year and for each subsequent year thereafter as compared to the previous year. The actual operating cost and change therein shall be the basis for determining the index for making theadjustmeLlts in the Volume Charge. Actual operating costs ("Actual Operating Costs" > shall be determined in conformity with generally accepted < accounting prinCiples consistently applied, except the depreciation of plant and equipment and any other provision for capital recovery, including interest on long term debt, shall not be included. as operating costs, as such costs are properly allocable to wastewater customers. Any increase or decrease in the Volume Charge shall be determined as soon as reasonably practicable and s~all be effective retroactive to the scheduled date of adjustment and a sum due to the BOARD as a result of the retroactive effect of such adjustment or the credit due the RECIPIENT, if applicable, shall be reflected in the next billings regularly submitted by BOARD to RECIPIENT as provided in Subparagraph 5.4. 5 . 1 BOARD personnel shall establish, or cause to be established, and maintain an accounting system in which such current operating costs are recorded monthly in separate accounts from sewage processing accounts. Costs shall be'recognized on a first-in first-out basis. The BOARD personneI shall prepare and preserve any studies relating to the allocation of operating costs on other than an actually incurred basis. By way of example, 'the parties agree that all operating and maintenance costs of labor, chemicals and power, permits, regulatory requirements, legal, engineering, administration, testing, meter calibration and contract; services ~ay be' allocated based. on .appropri.ate . data or studies. Such current. operating costs shall be recorded on a consistent basis 'from month to month and year to year, and the total ~or each fiscal year shall be used to calculate a cost per thousand gallons of Reclaimed Water delivered beginning with the second fiscal year after the plant starts to deliver Reclaimed Water to RECIPIENT. 5.2 By way of example, if delivery begins on October 6,1996, the third fiscal year thereafter would be October 1, 1998 to September 30, 1999. Assume that the actual cost of producing Reclaimed Water for the fiscal year October 1, 1997 through 4-9-97 Reuse/Quail_rdg/restatement.amd 9 16 September 30, 1998 was. 21<::. Further, assume that the Actual Operating Cost of producing and delivering Reclaimed Water to RECIPIENT during the second fiscal year to the end of the third fiscal year (October 1, 1997, through September 30, 1999) increased from 21<:: per thousand gallons to 23<:: per thousand gallons. The index for increase would be calculated by dividing the base cost of 216 per thousand gallons ~nto one-half (t) the 2<:: increase in cost, resulting in an increase of 4.76% to the previous years' Volume Charge of 206 per thousand gallons for the fourth fiscal year, equal to 20.956 per thousand gallons (t x 2 = 1 ~ 21<:: = .0476, then 206 x 1.0476 = 20.956). 5.3 As soon as reasonably practical, after each fiscal year for which the contract price is subject to adjustment r the BOARD shall prepare a statement showing in reasonable detail the actual operating costs to produce Reclaimed Water from effluent for the latest two fiscal years. For each such year, the statement shall also show (1) the number of gallons in thousands of Reclaimed Water delivered to Reclaimed Water users, (2) the cost per thousand gallons of Reclaimed Water calculated by dividing such operating costs by such gallons, (3) the calculation of the ratio of change in cost per thousand gallons from the earlier year to the later year, and (4) the calculation of the adjusted price for the later year. This statement shall be deemed to be the responsibility of the BOARD, and the BOARD's Executive Director shall attest in writing to the propriety of the costs and calculations shown thereon. 5.4 By January 15 of each year, the BOARD'S Executive Director shall submit to RECIPIENT the supplemental statement set forth in the preceding paragraph, together. with the attestation thereto by the BOARD. At the same time, the BOARDS Executive Director shall submit to RECIPIENT a bill or credit showing (1)the amount paid by the RECIPIENT for Reclaimed Water delivered in the current fiscal year, (2) the amount payable for Reclaimed Water delivered in the current fiscal year based on the adjusted price for the year as set fort!I above, and (3)the difference. Any such difference shall be either paid promptly by the RECIPIENT, or shown as a crecti t in the next bi1ling to the RECIPIENT. 5.5 For billing purposes only prior to the determination of actual costs for adjusting the Volume Charge, during each year subject to price adjustment, the BOARD may use a tentative price per thousand gallons based on using budgeted costs for the current year in the price adjustment calculation set forth above~ 5.6 RECIPIENT, at its own expense, has the option of examining the' financial statements, general books and related records, and production records of the BOARD. 4-9-97 Reuse/Quail.rdg/restaternent.amd 10 17 5.7 Notwithstanding the above provisions, the price paid by the RECIPIENT for Reclaimed Water shall, be adjusted downward in the event the BOARD offers Reclaimed Water to any other non- governmental customer (s) upon substantially similar terms and condi tions for the SaIne use of the Reclaimed Water at a lower charge than RECIPIENT is or will be paying under this Section 5. Such downward adjustment shall be made to guarantee RECIPIENT that no other user of Reclaimed Water for similar purposes shall receive a more favorable charge than will also be ,given to RECIPIENT under similar circumstances. 5.8 To the extent that the BOARD receives governmental or environmental noncapital improvement subsidies which are provided to the BOARD for encouraging wastewater reuse and which are intended to be applied pursuant to the terms of such grant or subsidy to the operational costs of the. Reclaimed Water facility, as opposed to capital improvements or expansion of such Reclaimed Water facility, the BOARD will- apply such funds, to the extent allowed, to its Reclaimed Water facility operating costs. 5.9 The parties to this Agreement agree and recognize that RECIPIENT is under no legal or other obligation to .enter into this Agreement for reuse of wastewater. RECIPIENT currently has operating permits from FDEP and the Water Management District to pump surface and ground water for all RECIPIENT'S irrigation needs and RECIPIENT'S costs to pump this surface and ground water is substantially less than the charges RECIPIENT will pay for Reclaimed Water under this Agreement. RECIPIENT'S only consideration and motivation to enter into this Agreement is to insure sufficient irrigation water by receiving its full allocation of Reclaimed Water on demand in accordance with the rate and delivery conditions set forth in this Agreement, free from adverse environmental or climatic impact:. RECIPIENT has determined that the benefits of this Agreement are only marginally economically feasible. Therefore, if as a result of any action by the BOARD, the City of Delray Beach or the City of Boynton Beach, RECIPIENT would be required to pay charges in excess of those established under Section 5,. then RECIPIENT shall. have.the option of canceling this Agreement upon sixty (60) days . advance written notice to the BOARD. SECTION ..~ 6. Inspection. BOARD shall have the right to enter RECIP IENT ' s Property and the POA Property, upon proper identification and at any reasonable time, in order to inspect the irrigation system as may be necessary or desi;r:-able.' 'for the operation, safety, protection, or preservation thereof, to determine compliance with any law, order or regulation of any governmental authority having jurisdiction, and for sampling at any moni toring wells located on the Property and the POA Property. RECIPIENT shall have the right to enter the BOARD' s plant and 4-9-97 Reuse/Quail.rdg/restatement.arnd 11 18 properties and the right of access to its wastewater facilities and records, at any reasonable time, for the purpose of determining whether the BOARD is in compliance with this Agreement. SECTION 7. Assignments. This Agreement can he assigned by RECIPIENT only with the prior written approval of BOARD, but such approval shall not be unreasonably withheld, provided the assignee shall assume this Agreement and shall demonstrate to BOARD its financial ability to comply with the provisions hereof. SECTION 8. Notices; Proper FODn. Any notice required or allowed to be delivered hereunder shall be in writing and shall be deemed to be delLvered when (1) hand delivered to the official hereinafter designated, (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to a party at the address set forth opposite the party' name below, or at such other'address as the party shall have specified by written notice to the other party delivered in accordance herewith: BOARD SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD Executive Director 1801 North Congress Avenue Delray Beach~ FL 33445 RECIPIENT QUAIL RIDGE COUNTRY CLUB C/O Club Manager 3715 Golf Road Boynton Beach, FL 33436 COpy TO: Boynton Beach City Manager P.O. Box 310 Boynton Beach, FL 33425-0310 COpy TO: Delray Beach City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 COpy TO: Robert W. Federspiel, Esq. 501 East Atlantic Avenue Delray Beach, FL 33483 SECTION 9. Notices; Default. Each of the parties hereto shall give 4-9-97 Reuse/Qua~l.rdg/restatement_amd 12 19 the other party written notice of any defaults hereunder and shall allow the defaulting party 30 days from the date of receipt to Cure such defaults, except failure to deliver water on demand. SECTION 10. Default by Either Party. If any party hereto fails to perform or comply with any of the conditions of this Agreement, and if the nonperformance shall continue for a period of thirty (30) days after the written notice thereof to the non-performing party, or if the performance cannot be reasonably completed within the 30-day period, or if the nonperforrning party does not in good faith conunence performance within the 30-day period and does not diligently proceed to complete performance, the non-performing party shall be in default or breach of this Agreement. SECTION 11. Indemnification. In the event RECIPIENT shall fail to comply with any reuse water rule or regulation of any Federal, State or County or local agencies, except BOARD, or violate any permit granted with regard to the use of the irrigation system on the RECIPIENT's Property and the POA Property, then RECIPIENT shall indemnify the BOARD, its officers, governing board, employees and agents against all claims, demands, causes of actions , suits, judgments, fines, penalties, or losses, including all costs suffered or incurred by the BOARD by reason of such failure. In the event -the BOARD shall fail to comply with any rule, regulation, order of any Federal, State or County or local agency, or fail to deliver water meeting the quality standards provided by this Agreement, then the BOARD shall, to the extent allowed by law, indemnify the RECIPIENT, its officers, board of directors, employees and agents against all claims, demands, causes of actions, suits, judgments, penalties, fines, or losses suffered or incurred by the RECIPIENT as reason of such failure. SECTION 12. Remedies of Default. If either party hereto shall be in default hereunder as set forth in Section 10, then the other party shall have the following remedy: bring suit for the breach which has Occurred without affecting the obligations of the party to perform the balance of the Agreement. The parties shall have the right not. only to. injunctive relief, but also to recover any damages whi.ch a party may iilcur as a result of the breach of ,this Agreement by the other party. The parties further agr~e that any litigation shall be brought in Palm Beach County, 'Florida, only, and the parties agree that the proper venue for any such action would only be in Palm Beach County, Florida. The parties further waive any right to Jury trial they may have in any action among them involving this Agreement or the alleged breach thereof. SECTION 13. Disclaimers of Third Party Beneficiar.ies. This Agreement is solely for the benefit of the formal parties hereto and no right or cause of action shall accrue upon or by reason hereof or to or from or for the benefit of any third party not a 4-9-97 Reuse/Quai~.rdg/restatement.amd 13 20 formal party hereto. SECTION 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement. SECTION 15.. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. SECTION 16. Entire Agreement. This agreement contains the entire Agreement between the parties hereto with respect to this transaction and supersedes all prior negotiations and all prior written or oral understandings. SECTION 17. Amendments. This Agreement may only be amended, supplemented or discharged by an instrument in writing signed by all parties hereto. SECTION 18. Recordation. This Agreement or a mutually agreeable memorandum thereof will be recorded in the public records of Palm Beach County, Florida. SECTION 19. Extent of Agreement. Each party shall advise the other party, in writing,. as to the status of its construction document preparation and construction of associated improvements on a monthly basis to ensure that both parties' activities are progressing with reasonable diligence. SECTION 20. Completion Date. The Board agrees to use its. best efforts have its Reclaimed Water facilities completed and available for use for RECIPIENT ?ud RECIPIENT agrees to use its best efforts to have its Irrigation System complete and to accept delivery of Reclaimed Water from the BOARD on or before November 1, 1997, subject to matters beyond the reasonable control of either party. SECTION 21. Cross-Connection. RECIPIENT desires to connect its south course irrigation system with its north course irrigation system, which will require crossing the WOOlbright Road and L-26 canal. In that the BOARD will also have to cross both rights-of- way to connect its reclaimed water transmission facilities to RECIPIENT's irrigation system, the BOARD agrees to obtain a price from its Contractor for the installation of. such pipe for RECIPIENT. The RECIPIENT shall then be authorized to either contract directly with the BOARD's Contractor for such pipe installation or to obtain its own contractor. 4-9-97 Reuse/Quail.rdg/restatement.amd 14 21 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD , 1 / ',', ,I: Ii f: . I f> By: \4--tLLL-l('..cc, i. /O-4~c...u-C!.J;,'-, - Chfi:fnan ;J APPROVED AS TO FORM: ...1 /" /j L---) ///' / I ..". Boar~/Attorney I QUAIL RIDGE COUNTRY CLUB, INC. f}~/4 ~< I By: .,/ /'''' APPROVEZBY: ,,/,/ /,;:/" ,,/ /::.- >~ (':<<~~ Ci ~:t>/o f /r:S~lra:y/.../l3each, Mayor ~;Y{$?~, Mayor 4-9-97 Reuse/Quail.rdg/restatement.amd 15 EXHIBIT B OPERA TING RESTRICTS Recipient shall maintain compliance with the following operating restrictions for protecting humaB bealth, welfare and safety, and the environment ""'. L The public shall be notified of the use of reclaimed water by posting advisory signs, notes on score cards or other methods in accordance with Chapter 17-610.468 FAC. 2. Direct connections between the reclaimed water sys1em and irrigation water system shall not be allowed without the use of appropriate backflow prevention devices. 3. No cross-connection to potable water systems shall be allowed. 4. All reclaimed water valves and outlets sh~l be appropriately color coded and labeled in accordance wjth Chapter 17-610.170 F AC to warn public and employees that the water is not intended for drinking. 5. Setback distances to potable water supply wells and the use of low trajectory Dozzles shall be in accordance with Chapter 17-610.471 F AC. 6. The use of reclaimed water shall be consistent with all applicable federal, sl.ate, and local laws and re~lations. Exhibit B January 1995 A:~S14~rUl P-rc 1 0( 1 ~ c o "1, "-..., o~ q. Ll Tj CC o c ._ c; o 0 0 0 ] IX 0 0.0 : . ~ Ii o "- LO. <: "- - '" U ~ .\' Q " 3- ~ 1';\ Q '" " u i... .: v ~. D en "1:l o .,; ~ U ... '" mw Q1 1> \'- ..0 S~o2 Cl.. 1.- () (,) c I o ~:;:; Q).g1;~ u .gu ~ g "i.8~ +-' '- 0 .j~ "- ~ >. 'U U ..0 '- <U 1= i :c = ~ E ..... ~J x 0 .- 0 0 w:JiSo s 0...,0...... '-' IV C cr '0 0.. -rl rr. ~ 1 ='1',,-3: t,; I;l 01_ L 0 :J"~Q., .. a~L?8 - <>: ] () e; " 30 .. I;; ~ c ~ '5 ~ ~ .... .... ~ 7 -' "]1 ,(.IOIlKrt EXHIBIT D Board sh{l/J monitor the reclaimed water for the fol/ov.'ing parameters and agrees to di\'en reclaimed water v.hich exceeds the specified limits. Enclosure Parameter Sampling Frequency Limirtl) Turbidit) Cominuous 2 NTU Chlorine Residual Cominuous 1 (minimum) ClMoride Continuous 350 CBODG') Daily 20 TSS()) Daily 5 pH Hourly 6 to 7.5 units(5) 7.8 units(6) Aluminum Annual 1.0 Arsenic Annual 0.] 0 Beryllium Annual 0.] 0 . Boron Annual 0.50 Cadmium Annual 0.01 Chmmiurri Annual o. ] Cobalt Annual 0.05 Copper Annual 0.2 Fluoride Annual 1.0 Iron Annual S.o Lead Annual 5.0 Lithium Annual 2.5 Manganese Annual 0.2 Mo]ybdenium Annual 0.005 Nickel Annual 0.02 Selenium Annual 0.02 Vanadium Annual 0.10 Zinc Annual 2,0 Bicarbomne (as GlCO) Annual ]20 Calcium Annual (4) Magnesium Annual (4) Sodium Annual (4) Sodium Adsorntion Ratio . Annual 6 units (1) (2) (3J (4) (5) (6) Maximum concentration expressedinmglL unless noted. Carbonaceous Biochemical Oxygen Demand (CBOD). Total Suspended Solids (TSS). . Information used in calculation of Sodium Adsorption Ratio (SAR). Daily average 2-Hour duration W:.7514\EXHIBIl.D Exhibit D January 1995 Pare I of 1 AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AND QUAIL ~IDGE COUNTRY CLUB CONCERNING DELIYERY AND ACCEPTANCE OF RECLAIMED WATER THIS AGREEMENT is made and entered into on this Igi~ day 0 f U.?';,,\-? lj_a~lA_1 1996, by and between South Central Regional W~stewate~ Treatment and Disposal Board, a municipal corporation created pursuant to the laws of the State of Florida (hereinafter BOARD), and Quail Ridge Country Club, (hereinafter RECIPIENT). Accordingly, for and in consideration contained herein, mutual understandings contained herein, and other consideration, sufficiency of which is hereby acknowledged the parties covenant and agree as follows: . of the recitals and agreements the receipt and by the parties, SECTION 1. Recitals. The below recitals are true and correct and form a material part of this Agreement. 1.1 The parties hereto represent to one another that each has the full power and authority to enter into this Agreement and to carry out their respective obligations thereunder. The BOARD is composed of the Cities of Boynton Beach and Delray Beach (the "Cities"), pursuant to an Interlocal Agreement entered into pursuant to Chapter 163, Florida Statutes. 1.2 The parties recognize that reuse of Reclaimed Water is in the public interest, as it recaptures an otherwise wasted and unused water resource. The BOARD owns and operates wastewater facilities which it proposes to_ upgrade to produce Reclaimed Water suitable for irrigation of areas, such as golf courses, parks, school grounds and cemeteries, and RECIPIENT is willing to accept such Reclaimed Water for irrigation purposes in the public interest. 1.3 In a norma--l year, RECIPIENTS will irrigate apprpximately 240 days and most of RECIPIENT'S daily requirements will be needed during approximately 12 hours commencing about sundown. BOARD' agrees to use its best effprts to supply Reclaimed Water on demand to RECIPIENT up to the volume and at the charge set forth in this Agreement. RECIPIENT has valuable golf courses that require access to such Reclaimed Water and has expended substantial money and effort and has foregone other avenues to meet its irrigation requirements in reliance on this Agreement. The BOARD is not required to upgrade its wastewater system to produce ReGlaimed Water but is doing so in reliance upon the RECIPIENT entering into this Agreement. 12-5-95 REUSE/QUAILRIDGR/DELVERY.AGR 1 1.4 The RECIPIENT owns and controls land which is described in Exhibit "A" (the "Property"), attached and made a part hereof by reference. 1.5 RECIPIENT agrees to: (a) irrigate the Property using Reclaimed Water; (b) maintain the storage facility, if applicable, ponds and lakes, if applicable, pumps and irrigation system to be located on the Property from the point of delivery; and (C) upgrade its irrigation system when reasonable and economical to utilize the volume of Reclaimed Water accepted from' the BOARD and as required to meet any federal, state, or local requirements, (d) maintain compliance with the operating restrictions for protecting human health and the environment attached thereto as Exhibit "B". 1.6 Recipient shall accept t~e Reclaimed Water delivered by the BOARD and use it for irrigation of the Property, The BOARD shall be deemed to be in possession and control of the Reclaimed Water until it shall have been delivered to the RECIPIENT at the Point of Delivery. After such delivery, the RECIPIENT shall be deemed to be in possession and control the reo f . .1.7 The RECIPIENT agrees to maintain all Federal, State and governmental permits issued to it and necessary to allow it -to receive and utili~e the R~claimed Water pursuant to the terms of this Agreement. 1.8 The right of the RECIPIENT to sell, transfer or encumber the Property in areas irrigated with the Reclaimed Water shall not be restricted by this Agreement. This Agreement shall run with the land so long as the use of a major portion of the Property shall continue to be for golf course and related purposes. Any subsequent party in interest to such golf course or cours.es shall be obligated to receive and pay for Reclaimed Water under the same terms and conditions of this Agreement, unless modified by mutual consent of the BOARD and the buyer or transferee. )..9 METER. The design and construction of the metering facility shall be the responsibility of the BOARD and must be mutually approved in advance in writing by BOARD and RECIPIENT. The meter will be utilized to measure the amount of Reclaimed Water delivered by the BOARD to RECIPIENT and the BOARD shall operate, maintain, cause to be calibrated, and repair said meter. 1. 10 CONSTRUCTION. Upon completion of the engineering design of the metering facility, and the acceptance of same by both parties, the metering facility will be constructed by the BOARD and placed into service. 12-5-95 REUSBIQUAILRIDGBIDBLVERY.AGR 2 1.11 COSTS AND OPERATION. The BOARD shall bear the cost of constructing, owning and maintaining the Reclaimed Water meter and related appurtenances and the lines interconnecting BOARD's system into the metering facility, including all valves and appurtenances up to and including the discharge flanges of the valves immediately downstream of the meter. The parties agree that the RECIPIENT shall have reasonable access to the metering facility, to all other Reclaimed Water meters, check valves, and any other appurtenances thereto, to verify flows, meter readings, meter calibrations, efficiency of the check valves, and any other performance data necessary to the operations of the Interconnection facility upon. reasonable advance notice to the Board. The metering device shall be tested and calibrated, at BOARD's expense, at least once per year and repaired if required. Any errors in meter reading and any discrepancy in meter results from a true and correct measure of Reclaimed Water flow to RECIPIENT shall be adjusted properly and retroactively to reflect the flow to RECIPIENT. Any incorrect metering device shall be repaired forthwith by the BOARD. 1.12 This agreement has been duly authorized by all named parties. Pursuant to Section 3 (C) of the Interlocal Agreement dated December 26, 1974, between the City of Boynton Beach and the City of Delray Beach, this Agreement and all provisions thereof have been contractually approved by a majority vote of each City Council as the act of each City, or, if such approval has not already been obtained, such approval will be obtained and certified to RECIPIENT before this Agreement shall become effective. SECTION 2. Definitions. The parties agree that in construing this Agreement, the following words, phrases and terms shall have the following meanings, unless the context requires otherwise: 2.1 "Agreement" . means this Agreement between BOARD and RECIPIENT. 2.2 . "FDEP" means the Florida Department of Environmental Protection, and its successors. 2.3 "Fiscal Year" means October 1 to September 30 of the following year. 2.4 "GPD" means gallons per day. 2.5 "Irrigation system" means those pump stations, lines, pipes, sprinkler heads, ponds' and lakes, storage facilities, if applicable, and pertinent equipment that' are located on RECIPIENT's property. and used to store, spray and irrigate with Reclaimed Water that has been treated in accordance with 12-5-95 REUSE/QUAILRIDGEIDELVERY.AGR 3 all applicable governmental regulations and in accordance with the terms and provisions of this Agreement. 2.6 "MGD" means million gallons per day. 2.7 "Point of delivery" means the point at the meter which divides the BOARD's wastewater facilities from the RECIPIENT's irrigation system, or as otherwise noted on engineering drawings approved by both parties. 2.8 "Reclaimed Water" means wastewater that has been treated in accordance with Section 3.4 of this Agreement. 2.9 "Reclaimed Water Disposal Facilities" means those facilities necessary for the storage, if applicable, transportation and disposal of wastewater previously treated in accordance with applicable local, state and federal standards and limitation at the plant to the standard of Reclaimed Water. These facilities include, but are not limited to, any Reclaimed Water transmission facilities, irrigation systems and storage facilities, if applicable. 2.10 "Reclaimed Water Transmission Facilities" means the BOARD's facilities used to transmit Reclaimed Water. 2.11 "Storage Facilities" means those facilities which may be designed, permitted and constructed on the Property, if applicable, or upon the BOARD's property; if applicable, and which are necessary to store and hold Reclaimed Water in a manner that complies with regulatory requirements. 2.12 "Wastewater" means the product received by the 'wastewater treatment facility for treatment. 2.13 "Wastewater Facilities" means the BOARD's plant located at 1801 North Congress Avenue, Delray Beach, Florida, and Reclaimed Water transmission facilities, including all interceptors, lines, pipes, meters, couplings, pumps, force mains, and appurtenant equipment necessary to treat and transmit the Reclaimed Water. SECTION 3. Grant of License and Easement. RECIPIENT hereby grants to BOARD an easement over the Property, including a 15 foot utility easement to be mutually agreed upon and located in~the approximate location depicted on Exhibit "C" attached hereto, to allow construction, operation, maintenance and repair of the BOARD's Reclaimed Water transmission main to the point of delivery, and the right to transmit, deliver and dispose of Reclaimed Water through the irrigation system and storage facility, if applicable, on the Property in accordance with and subject to the following conditions: 12-5-95 RRUSE/QUAILRIDGR/ORLVERY.AGR 4 3.1 Desiqn and installation of Certain Facilities. BOARD agrees to design, permit, install and operate improvements and additions at its existing wastewater treatment plant, and the BOARD's Reclaimed Water transmission facilities, and to Permit effluent disposal facilities in order to provide Reclaimed Water at the point of delivery. RECIPIENT agrees to design, permit, install and operate, at its sole expense, any storage facility, if applicable, and the irrigation system on the Property up to the point of delivery. ~. 2 Permits and Approval for the Irriqation SYstem. Recipient shall be responsible, in cooperation with Board, for obtaining and maintaining necessary governmental permits and approvals in order to install and operate the irrigation system: provided, however, that Board shall be responsible for obtaining and maintaining all permits for Reclaimed Water disposal facilities. For all wastewater facilities located on its side of the point of delivery, Board shall be solely responsible for obtaining, compiling, providing and complying with all monitoring, sampling, testing, and reporting requirements for the Reclaimed Water, which may be imposed by government law, rule, permit, or approval. Recipient shall grant Board upon reasonable advance notice to RECIPIENT access to the irrigation system as needed to assure continued compliance with applicable laws and regulations, including, but not limited to, any monitoring or testing requirements. 3.3 Delivery of ReclaLmed Water. BOARD agrees to use its best efforts to make available and deliver in the volume and at the times requested, an annual volume of Reclaimed Water of at least 224 million gallons (MGY), with maximum volume any one day up to but not to exceed 1,600,000 (700,000 and 900,000 for north and south connections, respectively) gallons per day (GPD), at a rate of 3,333 (1,460 and 1,875 .for north and south connections, respectively) gallons per minute (GPM), for use on the Property and, at its cost, to connect the BOARD's Reclaimed Water transmission facilities to RECIPIENT's irrigation system at the point(s) of delivery agreed upon and as shown in Exhibit "C". Both RECIPIENT and BOARD recognize that water supply and demand will vary depending on a number of factors, primarily climatic conditions. 3.4 Ouali ty of Reclaimed Water. BOARD shall make available to RECIPIENT Reclaimed Water of a quality consistent with the requirements of "public access" treatment levels as set forth in Chapter 62-610, Florida Administrative Code, or its successor Code provisions, or of a quality consistent with more stringent requirements that may be .imposed by any governmental agency having j~risdiction and legal authority. In recognition of the need to supply Reclaimed Water, the BOARD shall also be required to comply with effluent limitations set forth in Exhibit "D". All Reclaimed Water 12-5-95 REUSE/QUAILRIDGE/DELVRRY.AGR 5 made available by BOARD under this Agreement shall, at a minimum, have been treated by advanced treatment methods to remove harmful levels of bacteria, viruses, and other constituents or pollutants which could constitute a danger to human health, and in accordance with all applicable federal, state and local laws, rules, regulations, POlicies, ordinances, resolutions, orders and permits and the requirements of E"xhibit "D". BOARD shall provide Continuous mpnitoring of chlorine and turbidity, as well as other required ground and surface water quality sampling and monitoring of Reclaimed Water as required by local, state and federal regulations and "by Exhibit "D". BOARD agrees to divert away as expeditiously as Possible, from the irrigation system, any Reclaimed Water which does not comply with the terms and conditions of this Agreement or which does not meet the applicable state, federal or local laws and regulations and to promptly and fully notify RECIPIENT of such action. Copies of all test results shall be available to RECIPIENT upon request. 3.5 Minimum Purchase of Recla.imed Water b RECIPIENT. Upon receipt of all necessary governmental permits and approvals by all parties and completion of construction of wastewater facilities and continuing for so long as BOARD complies with the requirements set forth in this Agreement, RECIPIENT has an obligation to pay for at least -:h!4 "'illron 11'.1 ... I (. ~ I ( gallons annually of Reclaimed Water for spray irrigation on the Property, subject to conditions as set forth in Section 3.3 of this Agreement. Notwi thstanding anything to the contrary, Recipient shall not be obligated to accept delivery of or pay for Reclaimed Water which does not comply with the terms and conditions of this agreement. Such exception to RECIPIENT'S obligation to accept delivery of such Reclaimed Water by reason of the Board's failure .to meet the water quality standards required in this Agreement shall relieve RECIPIENT of its obligation to pay BOARD for the minimum annual volume set forth above at the rates determined pursuant to Paragraph 5 below only to the extent that the BOARD shall not have made available to RECIPIENT such annual minimum volume of Reclaimed Water meeting the requirements of this Agre~ment through the completion of the then current fiscal year. Recipient shall not transfer the water provided by Board to any third party Or off of the Recipient's property which is the subject of this agreement. o ',. ~ '(i ~ 4\ . v 3.6 RECIPIENT shall be responsible for all maintenance of water and its irrigation system on RECIPIENTS side of the point(s) of ~elivery. 3.7 Nothing in this Agreement shall be construed to give RECIPIENT any right. to the exclusive receipt of BOARD's Reclaimed Water SUpply. 12-5-95 RBUSE/QUAILRIDGR/DELVERY.AGR 6 3.8 The BOARD agrees that it will not enter into contracts with other recipients of Reclaimed Water for more than its daily supply capacity as the same exists from time to time. SECTION 4. Term and Fees 4.1 Term. The Easement and this Agreement shall be in effect for a period of twenty. (20) years commencing on the date of execution of this Agreement. The term of the Easement and this Agreement shall be automaticalLy extended for successive periods of ten (10) years, each, upon the same terms and conditions as herein prOVided, unless either party hereto notifies the other by certified mail at least three years prior to the expiration of the initial term of this Agreement or any renewal thereof, that this Agreement shall not be so extended. 4.2 PaYment of Fees. In return for and in consideration of BOARD's construction of facilities and delivery of Reclaimed Water~ RECIPIENT agrees to pay BOARD a one-time connection fee of $8,600.00 ($4,300.00 each for north and south connections) and a volume charge of 20c for each 1,000 gallons of Reclaimed Water used, (the "Volume Charge") but on an annual basis not less than the above rate times the minimum quantity RECIPIENT has agreed to purchase under Section 3.5 together with a storage charge equal to 8 C (the "Storage Charge") for each 1,000 gallons of Reclaimed Water, the Volume Charge for whiGh is paid for by RECIPIENT, as provided above. Such Storage Charge shall remain constant and shall not be adjusted during the term of this Agreement or any extension hereof. Payment of the connection fee shall be in one lump sum no later than the commencement of construction of the modification to the BOARD' s wastewater facilities for the treatment and production of Reclainied Water. The Volume Charge shall remain constant Until the expiration of the third ( 3 ) fiscal year from the commencement of pumping (provided that if less than six (6) months expires between the time BOARD commences or makes available delivery of Reclaimed Water and the end of the first fiscal year, such first year shall, n9t count as the first fiscal year), after which the " price will be redetermined as provided in Section 5. The BOARD shall render billings to RECIPIENT for the volume charge on a,monthly baSis for such applicable charges on the baSis of the greater of the actual Reclaimed Water delivered or the volume charge for 1/12th of the minimum guaranteed annual volume agreed to be accepted by RECIPIENT pursuant to Section 3.5 above; provided that RECIPIENT shall pay no more, on a fiscal year basis, than (i) such minimum annual guaranteed volume charge or (ii) Charges for Reclaimed Water actually accepted during the fiscal year, whichever is more. 12-5-95 REUSE/QUAILRIDGE/DELVERY.AGR 7 4.3 In the event the BOARD shall not be able to deliver Reclaimed Water in the minimum volume agreed to in Section 3.5 of this Agreement, as a result of its inability to do so and through no action or inaction on the part of the RECIPIENT, the RECIPIENT shall be entitled to a credit for such shortage in the minimum agreed to volume (by a proportionate reduction) . SECTION 5. Future Adjustment of Price of Reclaimed Water. The Volume Charge shall be adjusted. after the first three (3) fiscal years as aforesaid upward or downward based on one-half (!) of the year-to-year chang~ in the actual operating costs of producing, metering and delivering Reclaimed Water from effluent and transmitting it to the point of delivery for the RECIPIENT as it relates to the preceding year's Volume Charge, however, such Volume Charge shall never be less than 20c per thousand gallons nor shall an increase be applied if the actual operating costs shall be less than said 20c per thousand gallons. The first such adjustment shall OCcur effective the first day of the fourth fiscal year following the initial delivery of Reclaimed Water to RECIPIENT and shall reflect one-half (!) the. relative increase or decrease in actual operating costs incurred Py the BOARD during the second fiscal year of delivery of Reclaimed Water to RECIPIENT as compared to the third fiscal year and for each subsequent year thereafter as compared to the previous year. The actual operating cost and change therein shall be the basis for determining the index for making the adjustments in the Volume Charge.. Actual operating costs ("Actual Operating Costs") shall be determined in conformity with generally accepted accounting principles consistently applied, except the depreciation of p1ant and equJpment and any other provision for capital recovery, including interest on long term debt, shall not be included as operating costs,. as such costs are properly allocable to wastewater customers. Any increase or decrease in the Volume Charge shall be determined as soon as reasonably practicable and shall be effective retroactive to the scheduled date of adjustment and a sum due to the BOARD as a result of the retroactive effect of such adjustment or the credit due the RECIPIENT, if applicable, shall be reflect~d in the next billings regularly subm~tted by BOARD to RECIPIENT as provided in Subparagraph 5.4. ~ 5.1 BOARD personnel shall establ.ish, or cause to be established, and maintain an accounting system in which such current operating costs are recorded monthly in separate accounts from sewage processing accounts. Costs shall be recognized on a first-in first-out basis. The BOARD personnel shall prepare and preserve any studies relating to the allocation of operating costs on other than an actually incurred basis. By way of example, the parties agree that all operating and maintenance costs of labor, chemicals and power, 12-5-95 RKUSE/QUAILRIDGR/DELVERY.AGR 8 permits, regulatoDI requirements, legal, engineering, administration, testing, meter calibration and contract services may be allocated based on appropriate data or studies. Such current operating costs shall be recorded on a consistent basis from month to month and year to year, and the tdtal for each fiscal year shall be used to calculate a cost per thousand gallons of Reclaimed Water delivered beginning with the second fiscal year after the plant starts to deliver Reclaimed Water to RECIPIENT. 5.2 By way of example, if delivery begins on October 6, 1996, the third fiscal year thereafter would be October 1, 1998 to September 30, 1999. Assume that the actual cost of producing Reclaimed Water for the fiscal year October 1, 1997 through September 30, 1998 was 21~. Further, aSsume that the Actual Operating Cost of producing and delivering Reclaimed Water to RECIPIENT during the second fiscal year to the end of the third fiscal year (October 1, 1997, through September 30, 1999) increased from 21~ per thousand gallons to 23~ per thousand gallons. The index for increase would be calculated by dividing the base cost of 2l~ per thousand gallons into one-half (t) the 2~ increase in cost, resulting in an increase of 4.76% to the previous years' Volume Charge of. 20~ per thousand gallons for the fourth fiscal year, equal to 20.95~ per thousand gallons (j x 2 = 1 + 21~ = .0476, then 20~ x 1.0476 = 20.95~). 5.3 As soon as reasonably practical, after each fiscal year for which the contract price is subject to adjustment , the BOARD shall prepare a statement showing in reasonable detail the actual operating costs to produce Reclaimed Water from effluent for the latest two fiscal years. For each such year, the statement shall also show (1) the number of gallons in thousands of Reclaimed Water delivered ,to Reclaimed Water users, (2) the cost per thousand gallons of Reclaimed Water calculated by diViding such ,operating costs by such gallons, (3) the calculation of the ratio of change in cost per thousand gallons from the earlier year to the later year, and (4) the calculation of the adjusted price for the later year. This statement shall be-deemed to be the responsibility of the BOARQ, and the BOARD's Executive Director shall attest in writing' to the propriety of the costs and calculations shown thereon. . 5.4 By January 15 of each year, the BOARD'S Executi ve Director shall submit to RECIPIENT th~ SUpplemental statement set forth in the . preceding paragraph, together with the attestation thereto by the BOARD. At the same time, the BOARDS Executive Director shall submit to RECIPIENT a bill or credi t showing ( 1) the amount paid by the RECIPIENT for Reclaimed Water delivered in the current fiscal year, (2)the amount payable for Reclaimed Water delivered in the CUrrent 12-5-95 RRUSR/QUAILRIDGR/DELVERY.AGR 9 fiscal year based on the adjusted price for the year as set forth above, and (3)the difference. Any such difference shall be either paid promptly by the RECIPIENT, or shown as a credit in the next billing to the RECIPIENT. 5.5 For billing purposes only prior to the determination of actual costs for adjusting the Volume Charge, during each year subj ect to price adjustment, the BOARD may use a tentative price per thousand gallons based on using budgeted costs for the current year in the price adjustment calculation set forth above. 5.6 RECIPIENT, at its own expense, has the option of examining the financial statements, general books and related records, and production records of the BOARD. 5.7 Notwithstanding the above provisions, the price paid by the RECIPIENT for Reclaimed Water shall be adjusted downward in the event the BOARD offers Reclaimed Water to any other non-governmental customer(s) upon substantially similar terms and conditions for the same use of the Reclaimed Water at a lower charge than RECIPIENT is or will be paying under this Section 5. Such downward adjustment shall be made to guarantee RECIPIENT that no other user of Reclaimed Water for similar purposes 'shall receive a more favorable charge than will also be given to RECIPIENT under similar circumstances. 5.8 To the extent that the BOARD receives governmental or environmental noncapital improvement subsidies which are provided .to the BOARD for encouraging wastewater reuse and which are intended to be applied pursuant to the terms of such grant or subsidy to the operational costs of the Reclaimed Water faCility, as opposed to capital improvements or expansion of such Reclaimed Water facility, the BOARD will apply such funds, to the extent allowed,' to its Reclaimed Water facility operating costs. 5.9 The parties to this Agreement agree and recognize that RECIPIENT is under no legal or other obligation to enter into this AgJ;eement.for reuse of wastewater. RECIPIENT curr~ntly has operating permits from FDEP and the Water Management District to pump surface and ground water for all RECIPIENT'S irrigation needs and RECIPIENT'S costs to pump this surface and ground water is substantially less than the charges RECIPIENT will pay for Reclaimed Water under this Agreement. RECIPIENT'S only consideration and motivation to enter into this Agreement is to insure sufficient irrigation water by receiving its full allocation of Reclaimed Water on demand in accordance with the rate and delivery conditions set forth in this Agreement, free from adverse environmental or climatic impact. RECIPIENT'has determined that the benefits of this Agreement are only marginally economically feasible. 12-5-95 RRUSE/QUAILRIDGE/DELVERY.AGR 10 Therefore, if as a result of any action by the BOARD, the City of Delray Beach or the City of Boynton Beach, RECIPIENT would be required to pay charges in excess of those established under Section 5, then RECIPIENT shall have the option of canceling this Agreement upon sixty (60) days advance written notice to the BOARD. SECTION 6. Inspection. BOARD shall have the right to enter RECIPIENT's property, upon proper identification and at any reasonable time, in order to inspect the irrigation system as may be necessary or desirable for the operation, safety T protection, or preservation thereof, to deter.mine compliance with any law, order or regulation of any governmental authority having jurisdiction, and for sampling at any mo~itoring wells located on the property. RECIPIENT shall have the right to enter the BOARD's plant and properties and the right of access to its wastewater facilities and records, at any reasonable time, for the purpose of determining whether the BOARD is in compliance with this Agreement. SEC~ION 7. Assignments. This Agreement can be assigned by RECIPIENT only with the prior written approval of BOARD, but such approval shall not be unreasonably withheld, provided the assignee shallassUIDe this Agreement and shall demonstrate to BOARD its financial ability to comply with the provisions hereof. SECTION 8 . Notices; Proper Form. Any notice required or allowed to be delivered hereunder sha.ll be in writing and shall be deemed to be delivered when (1) hand delivered to the official hereinafter designated, (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to a party at the address set forth opposite the party' name below, or at .such other address as the party shall have specified by written notice to the other party delivered in accordance herewith: BOARD SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD Executive Director 1801 North Congress Avenue Delray Beach, FL 33445 RECIPIENT QUAIL RIDGE COUNTRY CLUB C/O Club Manager 3715 Golf Road Boynton Beach, FL 33436 12-5-95 REUSE/QUAILRIDGE/DELVERY.AGR 11 COpy TO: Boynton Beach City Manager P.O. Box 310 Boynton Beach, FL 33425-0310 COpy TO: Delray Beach City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 COpy TO: Robert W. Federspiel, Esq. 501 East Atlantic Avenue Delray Beach, FL 33483 SECTION 9. Notices; Defaul~. Each of the parties hereto shall give the other party written notice of any defaults hereunder and shall allow the defaulting party 30 days from the date of receipt to cure such defaults, except failure to deliver water on demand. SECTION 10. Default by Either Party. If any party hereto fails to perform or comply with. any of the conditions of this Agreement, and if the nonperformance shall continue for a period of thirty (30) days after the written notice thereof to the non-performing party, or if the performance cannot be reasonably completed within the 30-day period, or if the non- performing party does nQt in good faith commence performance within the 30~day period and does not diligently proceed to complete performance, the non-performing party shall be in default or breach of this Agreement. SECTION 11. Indemnification. In the event RECIPIENT shall fail to comply with any reuse water rule or regulation of any Federal, State or County or local agencies, except BOARD, or violate any permit granted with regard to the use of the irrigation system on the RECIPIENT's property, then RECIPIENT shall indemnify the BOARD, its officers, governing board, employees and agents against all claims, demands, causes of actions, suits, judgments, fines, penalties, or losses, including all costs suffered or incurred by the BOARD by reason of such failure. In the event the BOARD shall fail to comply with any rule, regulation, order of any Federal, State or County or local agency, or fail to deliver water meeting the quality standards provided by this Agreement, then the BOARD shall, to the extent allowed by law, indemnify the RECIPIENT, its officers, board of directors, employees and agents against all claims, demands, causes of actions, suits, 12-5-95 REUSE/QUAILRIDGE/DELVERY.AGR 12 judgments, penalties, fines, or losses suffered or incurred by the RECIPIENT as reason of such failure. SECTION 12. Remedies of Default. If either party hereto shall be in default hereunder as set forth in Section 10, then the other party shall have the following remedy: bring suit for the breach which has occurred without affecting the obligations of the party to perform the balance of the Agreement. The parties shall have the right not only to injunctive relief, but also to recover any damages which a party may incur as a result of the breach of this Agreement by the other party. The parties further agree that any litigation shall be brought in Palm Beach County, Florida, only, and the parties agree that the proper venue for any such action would only be in Palm Beach County, Florida. The parties further waive any right to Jury trial they may have in any action among. them involving this Agreement or the alleged breach thereof. SECTION 13. Disclaimers of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties hereto and no right or cause of action shall aCcrue Upon or by reason hereof or to or from or for the benefit of any third party not a formal party hereto. SECTION 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement. SECTION 15. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. SECTION 16. Entire Agreement. This agreement contains the entire Agreement between the parties hereto with respect.to this transaction and supersedes all prior negotiations and all prior written or oral understandings. SECTION 17. Amendments. This Agreement may only be amended, supplern~nted or discharged by an instrument in writing signed by all parties hereto. SECTION 18. Recordation. This' Agreement or a mutually agreeable memorandum thereof will be recorded in the public records of Palm Beach County, Florida. SECTION 19. Extent of Agreement. Each party shall advise the other party, in writing, as to the status of its construction document preparation and construction of' associated improvements on a monthly basis to ensure that both parties' activities are progressing with reasonable diligence. 12-5-95 RRUSR/QUAILRIDGE/DELVERY.AGR 13 SECTION 20. Completion Date. The Board agrees to use its best efforts have its Reclaimed Water facilities completed and available for use for RECIPIENT and RECIPIENT agrees to use its best efforts to have its Irrigation System complete and to accept delivery of Reclaimed Water from the BOARD on or before November I, 1997, subject to matters beyond the reasonable control of either party. SECTION 21. Cross-Connection. RECIPIENT desires to connect its south course irrigation system with its north course irrigation system, which will require crossing the Woolbright Road and L-26 canal. In that the BOARD will also have to cross both rights-of-way to connect its reclaimed water transmission facilities to RECIPIENT's irrigation system, the BOARD agrees to obtain a price from its Contractor for the installation of such pipe for RECIPIENT. The RECIPIENT shall then be authorized to either contract directly with the BOARD's Contractor for such pipe installation or to obtain its own contractor. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISW~SAL BOARD I """, . \ \ 1 "\ ~. \\ "\~+>.---~~-, .~. \\r\ \l \. f\ ~:------ Cl1ai"rnlan ""'. By: ATTESTED BY: .c/~:0;:)~.~/"~~2;;;:7~" . ./ ..... .>:ii!:-7/ /$"'''? r./ ~ ./;;i!'/ ''Zz:-,;.''}~'-''-> "' ._~./' 'c. _- .~"I"./ of "--<_ p-/"'" _ ~ r "\. \. "- "'~,J --... ./ ./.< APPROVED AS TO FORM: 1 if f/"}. / . {II j /'~r. ,r I Board Attorney ff APPROVE. .p;-~~:. . '. L. ~~"~ l' .,,f}::f. .~ . ~.~_____ ,. //./47 _ - .J' _ C~ty of Defray Beach, Mayor APP:::Jh2 City of BOYnton ach, Mayor /vlt /9 r 12-5-95 REUSE/QUAILRIDGE/DELVRRY.AGR 14 E..,UllBIT A LEGAL DESCRIPTION OF PROPERTY (To Be Provided By Recipient) gUAIL RIDGE (A PLANNED UNIT DEVELOPMENT) PLAT NO.1 BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF SE~TION 36. TOWNSHIP 45 SOUTH. RANGE 42 EAST. Al'ID A PORTION OF THE NW 1/4 OF SECTION 31. TOWNSHIP 45 SOUTH. RANGE 43 EAST. VlLLAGE OF GOLF AND PALM BEACH COUNTY. FLORlDA PLAT NO.2 BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF SECTION 36. TOWNSHIP 45 SOUTH RANGE 42 EAST. PALM BEACH COUNTY. FLORIDA PLAT NO.3 BEING A SUBDIVISION OF A PORTION OF THE N 1/2 OF SECTION 36, TOWNSHIP 45 SOUTH. RANGE 42 EAST, VILLAGE OF GOLF AND PALM BEACH COUNTY. FLORIDA PLAT NO. 3A BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF SECTION 36. TOWNSHIP 45 SOUTH. RANGE 42 EAST. PALM BEACH COUNTY. FLORIDA PLAT NO.4 BEING A SUBDIVISION OF A PORTION OF THE N 1/2 OF SECTION - . -' 36, TOWNSHIP 45 SOUTH. RANGE 42 EAST. PALM BEACH . COUNTY, FLORIDA PLAT NO.5 BEING A SUBDIVISION OF A PORTION. OF THE NE 1/4 OF SECTION 36. TOWNSHIP 45 SOUTH. RANGE 42 EAST AND A PORTION OF THE NW 1/4 OF SECTION 31. TOWNSHIP 45 SOUTH. RANGE 43 EAST PALM BEACH COUNTY. FLORIDA. PLAT NO. 6 BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF SECTION 31. TOWNSHIP 45 SOUTH. RANGE 43 EAST. VILLAGE OF GOLF AND PALM BEACH COUNTY. FLORIDA PLAT NO. 7 BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF OF SECTION 31. TOWNSHIP 45 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA Page 1 of 3 - Exhibit " r- 1"1"'" ,..._ PLAT NO.8 BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PAlM BEACH COUNTY, FLORIDA PLAT NO. 9 BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF OF\SECTION 31. TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA PLAT NO. 10 BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST AND A PORTION OF THE NE 1/4 OF SECTION 36, TOWNSHIP 45" SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA PLAT NO. 11 BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE' 43 EAST, PALM BEACH COUNTY. FLORIDA PLAT NO. 12 BEING A SUBDIVlSION OF A PORTION OF THE NE 1/4 OF SECTION 36, TOWNSHIP 45 SOUTH, RANGE 42 Ei\BT, PALM BEACH COUNTY. FLORIDA . PLAT NO. 13 BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY. FLORIDA PLAT NO. 14 . IN SECTION 30, TOWNSHIP 45 SOUTH. RANGE 43 EAST. PALM . BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF TRACTS 105. 119. 120 AND PORTIONS OF TRACTS 73. 74.87.88. 106, 107. 117 AND 118 PALM BEACH FARMS COMPANY PLAT NO.8. SECTION 30, TOWNSHIP 45 SOUTH. RANGE 43 EAST, PLAT BOOK 5. PAGE 73 AND OTHER LANDS PLAT NO. 15 IN SECTION 30. TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF PORTIONS OF TRACTS 53.54.75,76.85 AND 86 PALM BEACH FARMS COMPANY PLAT NO.8. SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LANDS Page 2 of 3 - Exhib ~. "" PLAT NO. 16 IN SECTION 30. TOWNSHIP 45 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA. BEING A RE-PLAT OF PORTIONS OF TRACTS 73. 74, 75, 86. 87 N\ID 88 PALlY! BEACH FARMS COlVIPANY PLAT NO.8. SECTION 30. TOWNSHIP 45 SOUTH, RANGE 43 EAST. PLAT BOOK 5, PAGE 73 AND OTHER LANDS 1'.\ PLAT NO. 17 IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. BEING A RE-PLAT OF PORTIONS OF TRACTS 85,86,87, 106, 107, 108, 117 AND l18 PALM BEACH FARl\1S COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PLAT BOOK 5, PAGE 73 AND OTHER LANDS PLAT NO.. 18 IN SECTION 30, TOWNSHIP 45 SOUTH; RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. BEING A RE-PLAT OF PORTIONS OF TRACTS 51. 52,53,54,76,77,78, 84 AND 8 PALM BEACH FARMS COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LANDS PLAT NO. 19 IN SECTION 30, TOWNSHIP 45 SOUTH; RANGE 43 EAST, . PALM BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF TRACTS 19,20, 45 AND 46 AND PORTIONS OF TRACTS 1:2,13,14,21. 43,44,51, 52, 53 AND 54 PALM BEACH FARMS COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LANDS PLAT NO. 20 IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH ~OUNTY, FLORIDA, BEING A RE-PLAT OF TRACTS 22, 41, 42 AND PORTIONS OF TRACTS 11. 12,21,43,53,54.55 AND 56 PALM BEACH FARMS COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45 SOUTH, Rfi..NGE 43 EAST. PLAT BOOK 5, PAGE 73 AND OTHER LANDS PLAT NO. 21 IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORlDA. BEING A RE-PLAT OF TRACTS 115. 116. 110. 109.83 AND PORTIONS OF TRACTS 117. 108.84,85. 78.77.51 AND 52 PALM BEACH FARMS CONIPANY PLAT NO.8, SECTION 30, TOWNSI-ITP 45 SOUTH. RANGE 43 EAST, PLAT BOO~ 5, PAGE 73 AND OTHER LANDS P::><5". ~ nf3 - Exhib " EXHIBIT B OPERA TING RESTRlCTS Recipient shall maintain compliance with the foJJnwing operating restrictions for protecting human bealth, welfare and safety, and the environment 11\. L The puhlic shaJl be notified of the Use of reclaimed Water by posting advisory signs, notes on Score cards or other methods in accordance with Chapter 17-610.468 F AC 2. Direct connections between the reclaimed Water system and irrigation water system shall not be aJ/owed without the use of appropriate backflow prevention devices. . 3. No cross-connection to potable water systems shall be allowed. 4. AJJ reclaimed Water valves and outlets sh~1 be appropriately color coded and labeled in accordance with Chapter I 7~ J 0 A 70 FACto Warn public and employees that th e water is not intended for drinking. 5. Setback distances to potable Water supply weUs and the use of Jaw tra.ieaory nozzles shaJI be in accordance with Chapter J7-61 0.471 FAC. 6. The use of reclaimed water shaJJ be consistent with aU applicable federal, SUite, and local laws and regulations. .Il:.~S74\EXHmrr.B Exhibit B January J 995 pore) <>> ) ~ c o , '- o~ -.- ~, -0 o..J C o c ,~c J II; c \,.. .2 Q)...... Q) .n -+- u U 01..2 ~ Q) uU;>Oc +J '- C '- n:: ^ u 0 ..0 \...<vU ~ '0 ~ .s 4- w::J:Joo 00- . U u...... Q) C a:: '0 a.... 8 o "- <T), " " - ~i <J .Il .<: & ~ "", Q on " _~~C J O:J", \" b>h"Q.JOUU:J " a: ~, t: ~ .0 ~ IJ 5'. D 00 ." o .... "" I -.J 0 tl:; III ]:z;,~ E :;J"Tj8 ? 0'- 0 a::: u ~ 05 CUU't-.o cu-;) ,- I. 0 _ 0...1.-0(.) .5 OJ ~ .. !; , ~ " {~ -' :;: ::> <3 r ~ -. 5 '5 Ii: ... ~ ~ ~ " :!. ~_J .... ~ N , -' ~ I lf8li .J.! -<'DIm" ;!: J 0 1 ~ l-,J ~~~ ~!i . EXHIBIT 0 Enclosure 'A' Board s~11 monitor the redaimed water for the following parameters and agrlXS to divcn reclaimed water v.hich ocecds the specified limits. Parameter Sampling Frequency Limit!/) Turbidity Continuous 2 NnJ Chlorine Residual Continuous (m inimum) C!Moride Continuous 350 CBOD(~) Daily 20 TSS(3) Daily 5 pH Hourly 6 to 7.5 uni15(5) 7.8.units(6) Aluminum Annual 1.0 Arsenic Annual O.JO Beryllium Annual 0.10 Boron Annual 0.50 Cadm ium Annual 0.01 Chromium Annual 0.] Coball Ann ual 0.05 Copper Annual 0.2 Fluoride Annual 1.0 Iron Annual 5.0 Lead Annual 5.0 Lithit;m Annual 2.5 Manganese Annual 0.2 Molybdenium Annual O.OOS Nickel Annual 0.02 Selenium Annual 0.02 Vanadium Annual D.IO Zinc Annual 2,0 Bicarbonate, (as Caeo:;) Annual 120 Calcium Annual (4) Magnesium Annual (4) Sodium Annual (4) Sodium Adsomtion Ratio Annual 6 units (l) Q) (3) (4) (5) (6, Maximum concentration expressed .in mgIL unless noted. Carbonaceous Biochemical Ox.ygen Demand (CBOD). Total Suspended Solids (TSS). Infonnation used in calculation of Sodium Adsorption Ratio (SAR). Daily average 2-Hour duration W:.J::7~\EXHIBIl.D Exhibit D January 1995 Pa~lofl 1=f::1l K05-087 ., ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of ,2005, by and between thSOUTH CENTRAL REGIONAL W ASTEW A TER TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter 163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON." WITNESSETH; WHEREAS, the BOARD has heretofore entered into that certain Agreement with Quail Ridge Country Club, concerning delivery and acceptance of reclaimed water dated the 5th day of August, 1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water Agreement;" and WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach; and WHEREAS, in order to implement such modification and the mode of operation as above described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such assignment, shall assume all of the rights, duties and obligations of the BOARD under said Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one party to the other, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed Water Agreement to BOYNTON, effective the 1st day of October, 2005. - 2. BOYNTON hereby agrees to accept and assume all rights, benefits and obligations created underthe said Reclaimed Water Agreement pursuant to this assignment. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day and year first above written. .---SOO-TH CENTRAL REGIONAL W ASTEW A TER T TMENT AND DISPOSAL BOARD By: Printed Name: Mu ire. '" t~ Chairman ATTESTED BY: Secretary APPROVED AS TO FORM City Attorney CITY OF BOYNTON BEACH By: Mayor - .~~, ,') .--::~) k:, 7 FIRST AMENDMENT AND RESTATEMENT OF AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL WAsTEWATER TREATMENT AND DISPOSAL BOARD AND QUAIL RIDGE COUNTRY CLUB CONCERNING DELIVERY AND ACCEPTANCE OF RECLAIMED WATER THIS FIRST AMENDMENT AND RESTATEMENT of that certain AGREEMENT dated January 18, 1996, is made and entered into on this ~ day of .st.V~b4: , 1997, by and between South Central Regional astewater Treatment and Disposal Board, a municipal corporation created pursuant to the laws of the State of Florida (hereinafter BOARD), and Quail Ridge Country Club, Inc. (hereinafter RECIPIENT). WIT N E SSE T H: WHEREAS, the BOARD and RECIPIENT have heretofore entered into that certain Agreement Concerning Delivery and Acceptance of Reclaimed Water dated January 18, 1995; and WHEREAS, RECIPIENT has requested an Amendment to. such Agreement to provide for' additional volumes of reclaimed water in" order to allow RECIPIENT to supply reclaimed water for landscape irrigation purposes to the Quail Ridge Property Owner's ASSOCiation, Inc. , (the "POA"), pursuant to the contractual relationship between RECIPIENT and the POA; and WHEREAS, the BOARD is agreeable to amending said Contract to provide the additional volumes requested pursuant to the terms and conditions set forth in this Amendment. Accordingly, for and in consideration of the recitals contained herein, mutual understandings and agreements contained herein, and other conSideration, the receipt and sufficiency.of which is hereby-acknowledged bY.itheparties, the parties covenant and agree as follows: ". . SECTION 1. Reci.tals. The below recitals are true and correct and form a material 'part of this Agreement. 1.1 The parties hereto represent to one another that each has the full power and authority to enter into this Agreement and to carry out their respective obligations thereunder. The BOARD is composed of the Cities of Boynton Beach and Delray Beach (the "Cities"), pursuant to an Interlocal Agreement entered into pursuant to Chapter 163, Florida Statutes. 4-9-97 Reuse/Quail.rdg/restatement.amd 1 8 1.2 The parties recognize that reuse of Reclaimed Water is in the public interest, as it recaptures _ an otherwise wasted and unused water resource. The BOARD owns and operates wastewater facilities which it proposes to upgrade to produce Reclaimed Water suitable for irrigation of areas, such as golf courses, parks, school grounds, cemeteries, and landscaping irrigation, and RECIPIENT is willing to accept such Reclaimed Water for irrigation purposes in the public interest. 1.3 In a normal year, RECIPIENTS will irrigate approximately 240 days and most of RECIPIENT'S daily requirements will be needed during approximately 12 hours commencing about sundown. BOARD agrees to use its best efforts to supply Reclaimed Water on demand to RECIPIENT up to the volume and at the charge set forth in this Agreement. RECIPIENT has valuable golf courses that require access to such Reclaimed Water and has expended substantial money and effort and has foregone other avenues to meet its irrigation requirements in reliance on this Agreement. The BOARD is not required to upgrade its wastewater system to produce Reclaimed Water but is doing so in reliance upon the RECIPIENT entering into this Agreement. 1.4 (a) The RECIPIENT owns and controls land (the "Property") which is described in Exhibit "A", attached and made.a part hereof by reference; (b) The RECIPIENT by contractual relationship will have obtained the right to provide reclaimed water for landscaping irrigation purposes to the POA's properties (the "POA Property") which lie within the property described in Exhibit "A." 1 . 5 RECIPIENT agrees to: (a) irrigate the Property and provide reclaimed water for irrigating the POA - Property using Reclaimed Water; (b) maintain the storage facility, if applicable, ponds and lakes, if applicable, pumps and irrigation system to be located on the Property from the point of delivery; and (c) upgrade its irrigation system when reasonable and economical to utilize the volume of Reclaimed Water accepted from the BOARD and as required to meet any federal, state, or local requirements, (d) maintain compliance with the operating restrictions for protecting human health and the environment attached thereto as Exhibit "B." 1. 6 RECIPIENT shall accept the Reclaimed Water delivered by the BOARD and use it for irrigation of the P~operty and the POA Property. The BOARD shall be deemed to be in possession and control of the Reclaimed Water until it shall have been delivered to the RECIPIENT at the Point of Delivery. Aftersuch~delivery, the RECIPIENT shall be deemed to be in possession and control thereof. 1.7 The RECIPIENT agrees to maintain all Federal, State and governmental permits issued to it and necessary to allow it to 4-9-97 Reuse/Quail.rdg/restatement.amd 2 9 receive and utilize the Reclaimed Water pursuant to the terms of this Agreement. 1.8 The right of the RECIPIENT to sell, transfer or encumber the Property in areas irrigated with the Reclaimed Water shall not be restr ictect by this Agreement. This Agreement shall run with the land so long as the use of a major portion of the Property shall continue to be for golf course and related purposes. Any subsequent party in interest to such golf course or courses shall be obligated to receive and pay for Reclaimed Water under the same terms and conditions of this Agreement, unless modified by mutual consent of the BOARD and the buyer or transferee. 1. 9 . METER. The design and construction of the metering facility shall be the responsibility of the BOARD and must be mutually approved in advance in writing by BOARD and RECIPIENT. The meter will be utilized to measure the amount of Reclaimed Water delivered by the BOARD to RECIPIENT and the BOARD shall operate, maintain, cause to be calibrated, and repair said meter. 1.10 CONSTRUCTION. Upon completion of the engineering design of the metering facility, and the acceptance of same by both parties, the metering facility will be constructed by the BOARD and placed into service. 1.11 COSTS AND OPERATION. The BOARD shall bear the cost of constructing, owning and maintaining the Recla~ed Water meter and related appurtenances and the lines interconnecting BOARD's system into the metering facility, including all valves and appurtenances up to and including the discharge flanges of the valves immediate1y downstream of the meter. The parties agree that the RECIPIENT shall have reasonable access to the metering faCility, to a11 other Reclaimed Water meters, check valves, and any other appurtenances thereto, to verify flows, meter readings, meter calibrations, efficiency of the check valves, and any other performance data necessary to the operations of the Interconnection facility upon reasonable advance notice to. the Board. The ,metering device shall be tested and calibrated, at:BOARD~s,expense,.'at'>1east;>.. once per year and repaired~if:'requi.red. 'AnY~eJ::J:Ors';:in meter:',reading.:, and any' discrepancy in. meter results from a true' and correct measure of Reclaimed Water flow to RECIPIENT shall be adjusted properly and retroactively to reflect the flow to RECIPIENT. Any incorrect metering device shall be repaired. forthwith by the BOARD. 1 . 12 This agreement has been duly authoriz~d by call named parties. Pursuant to Section 3 (C) of the Interlocal Agreement dated December 26, 1974, between the City of Boynton Beach and the City of Delray Beach, this Agreement and all provisions thereof have been contractually approved by a majority vote of each City Council as the act of each City, or, if such approval has not 4-9-97 Reuse/Quail.rdg/restatement.amd 3 10 already been obtained, such approval will be obtained and certified to RECIPIENT before this Agreement shall become effective. SECTION 2. Definitions. The parties agree that in construing this Agreement, the following words, phrases and terms shall have the following meanings, unless the context requires otherwise: 2 . 1 "Agreement" means this Agreement between BOARD and RECIPIENT. 2.2 "FDEP" means the Florida Department of Environmental Protection, and its successors. 2.3 "Fiscal Year" means October 1 to September 30 of the following year. 2.4 "GPD" means gallons per day. 2.5 "Irrigation system" means those pump stations, lines, pipes, sprinkler heads, ponds and lakes, storage facilities, if applicable, and pertinent equipment that are located on RECIPIENT's property and used to store, spray and irrigate with Reclaimed Water that has been treated in accordance with all applicable governmental regulations and in. accordance with the terms and provisions of this Agreement. 2.6 "MGD" means million gallons per day. 2.7 "Point of delivery" means the point at the meter which divides the BOARD's wastewater facilities from the RECIPIENT's irrigation system, or as otherwise noted on engineering drawings approved by both parties. 2 . 8 "Reclaimed Water" means wastewater that has been treated in accordance with Section 3.4 of this Agreement. 2 . 9 "Reclaimed Water Disposal Facilities" means those facilities necessary for the. storage, if applicable, transportation and disposal of wastewater' previously treated "in < acCordance with applicable ,local , state and federal standcirds and limitation at the plant to the standard of Reclaimed Water. These facilities include, but are not limited to, any Reclaimed Water transmission facili~ies, irrigation systems and storage facilities, if applicable. 2.10 "Reclaimed Water Transmission Facilities" means the BOARD's facilities used to transmit Reclaimed Water. 2.11 "Storage Facilities" means those facilities which may be designed, permitted and constructed on the Property and the POA 4-9-97 Reuse/Quail.rdg/restatement.amd 4 11 Property, if applicable, or upon the BOARD's property, if applicable, and which are necessary to store and hold Reclaimed Water in a manner that complies with regulatory requirements. 2.12 "Wastewater" means the product received by the wastewater treatment facility for treatment. 2.13 "Wastewater Facilities" means the BOARD's plant located at 1801 North Congress Avenue, Delray Beach, Florida, and Reclaimed Water transmission facilities, including all interceptors, lines, pipes, meters, couplings, pumps, force mains, and appurtenant equipment necessary to treat and transmit the Reclaimed Water. SECTION 3. Grant of License and Easement. RECIPIENT hereby grants to BOARD an easement over the Property including a 15 foot utility easement to be mutually agreed upon and located in the approx~ate location depicted on Exhibit "C" attached hereto, to allow construction, operation, maintenance and repair of the BOARD's Reclaimed Water transmission main to the point of delivery, and the right to transmit, deliver and dispose of Reclaimed Water through the irrigation system and storage facility, if applicable, on the Property in accordance with and subject to the following conditions: 3.1 Desiqn and installation of Certain Facilities. BOARD agrees to deSign, permit, install and operate improvements and additions at its existing wastewater treatment plant, and the BOARD's Recla.imed Water transmission facilities, and to Permit effluent disposal facilities in order to provide Reclaimed Water at the point of delive:t:y. RECIPIENT agrees to design, permit, install and operate, at its sole expense, any storage facility, if applicable, and the irrigation system on the Property and the POA Property up to the point of delivery. 3.2 Permits and Approval for the Irriqation System. Recipient shall be .responsible, in cooperation with Board, for obtaining and maintaining necessary governmental permits and approvals in order to install and operate the irrigation system: provided, however, .thatBocird shall be responsible for obtaining and maintaining all permits for Reclaimed Water disposal facilities. For all wastewater facilities located on its side of the point of delivery, Board shall be solely responsible for obtai.ni:ng, compiling, providing and complying' with all monitoring, sampling, testing, and reporting requirements for the Reclaimed Water, which may be imposed by government law, rule, permit, or approval. Recipient shall grant Board upon reasonable advance notice to RECIPIENT access to the irrigation system as needed to assure continued compliance with applicable laws and regulations, including, but not limited to, any monitoring or testing requirements. 4-9-97 Reuse/Quail.rdg!restatement.amd 5 12 3.3 Delivery of Reclaimed Water. BOARD agrees to use its best efforts to make available and deliver in the volume and at the times requested, an annual volume of Reclaimed Water of at least 584,000,000 gallons (MGY), with maximum volume anyone day up to but not to exceed 3,690,000 (1,230,000 north connection and 2,460,000 south connection respectively) gallons per day (GPO), at a rate of 7,688 (2,563 north connection and 5,125 south connection respectively) gallons per minute (GPM), for use on the Property and the POA Property and, at its cost, to connect the BOARD's Reclaimed Water transmission facilities to RECIPIENT's irrigation system at the point(s) of delivery agreed upon and as shown in Exhibit "C". Both RECIPIENT and BOARD recognize that water supply and demand will vary depending on a number of factors, primarily climatic conditions. 3.4 Quality of Reclaimed Water. BOARD shall make available to RECIPIENT Reclaimed Water of a qtiality consistent with the requirements of "public access" treatment levels as set forth in Chapter 62-610, Florida Administrative Code, or its successor Code provisions, or of a quality consistent with more stringent requirements that may be imposed by any governmental agency having jurisdiction and legal authority. In recognition of the need to supply Reclaimed Water, the BOARD shall also be required to comply with effluent limitations set forth in Exhibit "D". All Reclaimed Water made available by BOARD under this Agreement shall, at a minimum, have been treated by advanced treatment methods to remove harmful levels of bacteria, viruses, and other constituents or pollutants which could constitute a danger to human health, and in accordance with all applicable federal, state and local laws, rules, regulations, policies, ordinances, resolutions, orders and permits and the requirements of Exhibit "0". BOARD shall provide continuous monitoring of chlorine and turbidity, as well as other required ground and surface water quality sampling and monitoring of Reclaimed Water as required by local, state and federal regulations and by Exhibit "0". BOARD agrees to divert away as expeditiously as possible, from the irrigation system, any Reclaimed Water which does not comply with the terms and conditions of this Agreement or which does not meet the applicable state, federal-or local "laws and regulations and.to promptly and fully nbti:fy RECIPIENT of such action. Copies of all test results shall be available to RECIPIENT upon request. 3.5 Minimum Purchase of Reclaimed Water bv RECIPIENT. Upon receipt of all necessary governmental permits and approvals by all parties and completion of construction of wastewater facilities and continuing for so long as BOARD complies with the requirements set forth ~n this Agreement, RECIPIENT has an obligation to pay for at least 440,000,000 million gallons annually of Reclaimed Water for spray irrigation on the Property and the POA Property, subject to condi tions as set forth in Section 3.3 of this Agreement. 4-9-97 Reuse/Quail.rdg/restatement.amd 6 13 Notwithstanding anything to the contrary, Recipient shall not be obligated to accept delivery of or pay for Reclaimed Water which does not comply with the terms and conditions of this agreement. Such exception to RECIPIENT'S obligation to accept delivery of such Reclaimed Water by reason of the Board's failure to meet the water quality standards required in this Agreement shall relieve RECIPIENT of its obligation to pay BOARD for the minimum annual volume set forth above at the rates determined pursuant to Paragraph 5 below only to the extent that the BOARD shall not have made available to RECIPIENT such annual minimum volume of Reclaimed Water meeting the requirements of this Agreement through the completion of the then current fiscal year. Recipient shall not transfer the water provided by Board to any third party for use off of the Recipient's or the POA Property. Notwithstanding the foregoing, the minimum purchases as above described shall be broken down into two (2) phases: a. Phase I - for the irrigation of the Property (the golf courses) the RECIPIENT obligation shall commence at the t~e and in the manner as specified in this Agreement with respect to 180,000,000 million gallons year (MGY). b. Phase II - for the irrigation of the Property and the POA Property the minimum obligations as described above shall be increased to 440,000,000 million gallons per year (MGY) upon connection of the supply lines from the RECIPIENT system to the POA's delivery system, provided that such connection and increase in the obligation shall occur not later than six months (6) following the delivery of Reclaimed Water for Phase I, above. 3 . 6 RECIPIENT shall be responsible for all maintenance of water and its irrigation system on RECIPIENTS side of the point (s ) of delivery. 3.7 Nothing in this Agreement shall be construed to give RECIPIENT any right to the exclusive receipt of BOARD's Recla~ed Water supply. 3 . R',l'he BOARD agrees that it will not enter into contracts with other recipients of Reclaimed Water for more than its daily supply capacity as the same exists from time to time. SECTION 4. Term and Fees 4.1 Ternl. The Easement and this Agreement shall be in effect for a period of twenty (20) years commencing on the date of execution of this Agreement. The term - of the Easement and this Agreement shall be automatically extended for successive periods of ten (10) years each, upon the same terms and conditions as herein 4-9-97 Reuse/Quail.rdg/restatement.amd 7 1 tl provided, unless either party hereto notifies the other by certixied mail at least three years prior to the expiration of the initial term of this Agreement or any renewal thereof, that this Agreement shall not be so extended. 4.2 Payment of Fees. In return for and in consideration of BOARD's construction of facilities and delivery of Reclaimed Water, RECIPIENT agrees to pay BOARD a one-time connection fee of Six Thousand Five Hundred Dollars ($6,500.00) for the north connection, and Nine Thousand Dollars ($9,000.00) for the south connection, and a volume charge of 20c for each 1,000 gallons of Reclaimed Water used (the "Volume Charge"), but on an annual basis not less than the above rate times the minimum quantity RECIPIENT has agreed to purchase under Section 3.5, together with a storage charge equal to 86 (the "Storage Charge") for each 1,000 gallons of Reclaimed Water the Volume Charge for which is paid for by RECIPIENT, as provided above. Such Storage Charge shall remain constant and shall not be adjusted during the term of this Agreement or any extension hereof. Payment of the connection fee shall be in one lump sum no later than the conunencement of construction of the modification to the BOARD's wastewater facilities for the treatment and production of Reclaimed Water. The Volume Charge shall remain constant until the expiration of the third ( 3) fiscal year from the commencement of pumping (provided that if less than six (6) months expires between the time BOARD commences or makes available delivery of Reclaimed Water and the end of the first fiscal year, such first year shall not count as the first fiscal year), after which the price will be redetermined as provided in Section 5. The BOARD shall render bi11ings to RECIPIENT for the volume charge on a monthly basis for such app1icab1e charges on the basis of the greater of the actua1 Reclaimed Water delivered or the volume charge for 1/12th of the minimum guaranteed annual volume agreed to be accepted by RECIPIENT pursuant to Section 3.5 above; provided that RECIPIENT shall pay no more, on. a fiscal year basis, than (i) such minimum annual guaranteed volume charge or (ii)charges for Reclaimed Water actually accepted during the fiscal year, whichever is more. 4.3 In the event the . BOARD shall not be. able to deliver Reclaimed Water in the mInimum volume agreed to in Section 3.5 of this Agreement, as a result of its inability to do so and through no action or inaction on the part of the RECIPIENT, the RECIPIENT shall be entitled to a credit for such shortage in the minimum agreed to volume (by a proportionate reduction). SECTION 5. Future Adjustment of Price of Reclaimed Water. The Vo1ume Charge shall be adjusted after the first three (3) fiscal years as aforesaid upward or downward based on one~half (!) of the year-to-year change in the actual operating costs of producing, metering and delivering Reclaimed Water from effluent 4-9-97 Reuse/Quail.rdg/restatement.amd 8 15 and transmitting it to the point of delivery for the RECIPIENT as it relates to the preceding year's Volume Charge, however, such Volume Charge shall never. be less than 20c per thousand gallons nor- shall an increase be applied if the actual operating costs shall be less than said 20c per thousand gallons. The first such adjustment shall Occur effective the first day of the fourth fiscal year following the initial delivery of Reclaimed Water to RECIPIENT and shall reflect one-half (!) the relative increase or decrease in actual operating costs incurred by the BOARD during the second fisc'al year of delivery of Reclaimed Water to RECIPIENT as compared to the third fiscal year and for each subsequent year thereafter as compared to the previous year. The actual operating cost and change therein shall be the basis for determining the index for making the adjustmeuts in the Volume Charge. Actual operating costs ("Actual Operating Costs or) shall be determined in conformity with generally accepted 0 accounting principles consistently applied, except the depreciation of plant and equipment and any other provision for capital recovery, including interest on long term debt, shall not be included as operating costs, as such costs are properly allocable to wastewater customers. Any increase or decrease in the Volume Charge shall be determined as soon as reasonably practicable and shall be effective retroactive to the scheduled date of adjustment and a sum due to the BOARD as a result of the retroactive effect of such adjustment or the credit due the RECIPIENT, if applicable, shall be reflected in the next billings regularly submitted by BOARD to RECIPIENT as provided in Subparagraph 5.4. 5.1 BOARD personnel shall establish, or cause to be established, and maintain an accounting system in which such current operating costs are recorded monthly in separate accounts from sewage processing accounts. Costs shall be recognized on a first-in first-out basis. The BOARD personnel shall prepare and preserve any studies relating to the allocation-of operating costs on other than an actually incurred basis. By way of example, the parties agree that all operating and maintenance costs of labor, chemicals and power, permits, regulatory requirements, legal, engineering, administration, testing, meter calibration and contract services :tnay be - allocated based - on appropriate data or. studies .-. Such current operating costs shall be recorded on a consistent'basis 'from month to month and year to year, and the total for each fiscal year shall be used to calculate a cost per thousaQd gallons of Reclaimed Water delivered beginning with the second fiscal year after the plant starts to deliver Reclaimed Water to RECIPIENT. 5.2 By way of example, if delivery begins on October 6,1996, the third fiscal year thereafter would be October 1, 1998 to September 30, 1999. Assume that the actual cost of producing Reclaimed Water for the fiscal year October I, 1997 through 4-9-97 Reuse/Quail.rdg/restatement.amd 9 16 September 30, 1998 was 21 <::. Further, assume that the Actual Operating Cost of producing and delivering Reclaimed Water to RECIPIENT during the second fiscal year to the end of the third fiscal year (October 1, 1997, through September 30, 1999) increased from 21<:: per thousand gallons to 23c per thousand gallons. The index for increase would be calculated by dividing the base cost of 21c per thousand gallons into one-half (!) the 2<:: increase in cost, resulting in an increase of 4.76% to the previous years' Volume Charge of 20c per thousand gallons for the fourth fiscal year, equal to 20.95<:: per thousand gallons (1 x 2 = 1 7 21<:: = .0476, then 20c x 1.0476 = 20.95C). 5.3 As soon as reasonably practical, after each fiscal year for which the contract price is subject to adjustment , the BOARD shall prepare a statement showing in reasonable detail the actual operating costs to produce Reclaimed Water from effluent for the latest two fiscal years. For each such year, the statement shall also show (1) the number of gallons in thousands of Reclaimed Water delivered to Reclaimed Water users, (2) the cost per thousand gallons of Reclaimed Water calculated by dividing such operating costs by such gallons, (3) the calculation of the ratio of change in cost per thousand gallons from the earlier year to the later year, and (4) the calculation of the adjusted price for the later year. This statement shall be deemed to be the responsibility of the BOARD, and the BOARD's Executive Director shall attest in writing to the propriety of the costs and calculations shown thereon. 5.4 By January 15 of each year ,the BOARD'S Executive Director shall submit to RECIPIENT the supplemental statement set forth in the preceding paragraph, together.with the attestation thereto by the BOARD. At the same time, the BOARDS Executive Director shall submit to RECIPIENT a bill or credit showing (l)the amount paid by the RECIPIENT for Reclaimed Water delivered in the current fiscal year, (2) the amount payable for Reclaimed Water delivered in the current fiscal year based on the adjusted price for the year as set forth above, and (3)the difference. Any such difference shall be either paid promptly by the RECIPIENT, or shown as a credit in the next billing to the RECIPIENT. 5.5 For billing purposes only prior to the determination of actual costs for adjusting the Volume Charge, during each year subject to price adjustment, the BOARD may use a tentative price per thousand gallons based on using budgeted costs for the current year in the price adjustment calculation set forth above~ 5.6 RECIPIENT, at its own expense, has the option of examining the financial statements, general books and related records, and production records of the BOARD. 4-9-97 Reuse/Quail.rdg/restatement.amd 10 17 5.7 Notwithstanding the above provisions, the price paid by the RECIPIENT for Reclaimed Water shall. be adjusted downward in the event the BOARD offers Reclaimed Water to any other non- governmental customer (s) upon substantially similar terms and condi tions for the same use of the Reclaimed Water at a lower charge than RECIPIENT is or will be paying under this Section 5. Such downward adjustment shall be made to guarantee RECIPIENT that no other user of Reclaimed Water for similar purposes shall receive a more favorable charge than will also be given to RECIPIENT under similar circumstances. 5.8 To the extent that the BOARD receives governmental or environmental noncapital improvement subsidies which are provided to the BOARD for encouraging wastewater reuse and which are intended to be applied pursuant to the terms of such grant or subsidy to the operational costs of the. Reclaimed Water facility, as opposed to capital improvements or expansion of such Reclaimed Water facility, the BOARD will' apply such funds, to the extent allowed, to its Reclaimed Water facility operating costs. 5.9 The parties to this Agreement agree and recognize that RECIPIENT is under no legal or other obligation to enter into this Agreement for reuse of wastewater. RECIPIENT currently has operating permits from FDEP and the Water Management District to pump surface and ground water for all RECIPIENT'S irrigation needs and RECIPIENT'S costs to pump this surface and ground water is substantially less than the charges RECIPIENT will pay for Reclaimed Water under this Agreement. RECIPIENT'S only consideration and motivation to enter into this Agreement is to insure sufficient irrigation water by receiving its full allocation of Reclaimed Water on demand in accordance with the rate and delivery conditions set forth in this Agreement, free from adverse environmental or climatic impact. RECIPIENT has determined that the benefits of this Agreement are only marginally economically feasible. Therefore, if as a result of any action by the BOARD, the City of Delray Beach or the City of Boynton Beach, RECIPIENT would be required to pay charges in excess of those established under Section 5, then RECIPIENT shallhave.the option of cance+ing this Agreement upon sixty (60) days. advance written notice to the BOARD. SECTION. 6. Inspection. BOARD shall have the right to enter RECIPIENT's Property and the POA Property, upon proper identification and at any reasonable time, in order to inspect the irrigation system as may be necessary or desirable _c -for the operation, safety, protection, or preservation thereof, to determine compliance with any law, order or regulation of any governmental authority having jurisdiction, and for sampling at any monitoring wells located on the Property and the POA Property. RECIPIENT shall have the right to enter the BOARD's plant and 4-9-97 Reuse/Quail.rdg/restatement.amd 11 1 (~ properties and the right of access to its wastewater facilities and records, at any reasonable time, for the purpose of determining whether the BOARD is in compliance with this Agreement. SECTION 7. Assignments. This Agreement can be assigned by RECIPIENT only with the prior written approval of BOARD, but such approval shall not be unreasonably withheld, provided the assignee shall assume this Agreement and shall demonstrate to BOARD its financial ability to comply with the provisions hereof. SECTION 8. Notices; Proper Form. Any notice required or allowed to be delivered hereunder shall be in writing and shall be deemed to be delivered when (1) hand delivered to the official hereinafter designated, (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to a party at the address set forth opposite the party' name below, or at such other'address as the party shall have specified by written notice to the other party delivered in accordance herewith: BOARD SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD Executive Director 1801 North Congress Avenue. Delray Beach~ FL 33445 RECIPIENT QUAIL RIDGE COUNTRY CLUB C/O Club Manager 3715 Golf Road Boynton Beach, FL 33436 COpy TO: Boynton Beach CLty Manager P.O. Box 310 Boynton Beach, FL 33425-0310 COpy TO: Delray Beach City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 COPY TO: Robert W. Federspiel, Esq. 501 East Atlantic Avenue Delray Beach, FL 33483 SECTION 9. Notices; Default. Each of the parties hereto shall give 4-9-97 Reuse/Quail.rdg/restatement.amd 12 19 the other party written notice of any defaults hereunder and shall allow the defaulting party 30 days from the date of receipt to CUre such defaults, except failure to deliver water on demand. SECTION 10. Default by Either Party. If any party hereto fails to perform or comply with any of the conditions of this Agreement, and if the nonperformance shall continue for a period of thirty (30) days after the written notice thereof to the non-performing party, or if the performance cannot be reasonably completed within the 30-day period, or if the nonperforming party does not in good faith commence performance within the 30-day period and does not diligently proceed to complete performance, the non-performing party shall be in default or breach of this Agreement. SECTION 11. Indemnification. In the event RECIPIENT shall fail to comply with any reuse water rule or regulation of any Federal, State or County or local agencies, except BOARD, or violate any permit granted with regard to the use of the irrigation system on the RECIPIENT's Property and the POA Property, then RECIPIENT shall indemnify the BOARD, its officers, governing board, employees and agents against all claims, demands, causes of actions, suits, judgments, fines, penalties, or losses, including all costs suffered or incurred by the BOARD by reason of such failure. In the event the BOARD shall fail to comply with any rule, regulation, order of any Federal, State or County or local agency, or fail to deliver water meeting the quality standards provided by this Agreement, then the BOARD shall, to the extent allowed by law, indemnify the RECIPIENT, its officers, board of directors, employees and agents against all claims, demands, causes of actions, suits, judgments, penalties, fines, or losses suffered or incurred by the RECIPIENT as reason of such failure. SECTION 12. Remedies of Default. If either party_ hereto shall be in default hereunder as set forth in Section 10, then the other party shall have the following remedy: bring suit for the breach which has occurred without affecting the obligations of the party to perform the balance of the Agreement. The parties shall have the right not. only to injunctive relief,. but also to recover any damages which a party may 'incur as a result of the breach of this Agreement by the other party. The parties further agree that any litigation shall be brought in Palm Beach County, 'Florida, only, and the parties agree that the proper venue for any such action would only be in Palm Beach County, Florida. The parties further waive any right to Jury trial they may have in any action among them involving this Agreement or the alleged breach thereof. SECTION 13. Disclaimers of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties hereto and no right or cause of action shall accrue upon or by reason hereof or to or from or for the benefit of any third party not a 4-9-97 Reuse/Quai1.rdg/restatement.amd 13 20 formal party hereto. SECTION 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement. SECTION 15. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. SECTION 16. Entire Agreement. This agreement contains the entire Agreement between the parties hereto with respect to this transact~on and supersedes all prior negotiations and all prior written or oral understandings. SECTION 17. Amendments. This Agreement may only be amended, supplemented or discharged by an instrument in writing signed by all parties hereto. SECTION 18. Recordation. This Agreement or a mutually agreeable memorandum thereof will be recorded in the public records of Palm Beach County, Florida. SECTION 19. Extent of Agreement. Each party shall advise the other party, in writing,. as to the status of its construction document preparation and construction of associated improvements on a monthly basis to ensure that both parties' activities are progressing with reasonable diligence. SECTION 20. Completion Date. The Board agrees to use its. best efforts have its Reclaimed Water facilities completed and available for use for RECIPIENT ?nd RECIPIENT agrees to use its best efforts to have its Irrigation System complete and to accept delivery of Reclaimed Water from the BOARD on or before November 1, 1997, subject to matters beyond the reasonable control of either party. SECTION 21. Cross-Connection. RECIPIENT desires to connect its south course irrigation system with its north course irrigation system, cwhich will require crossing the Woolbright Road and L-26 canal. In that the BOARD will also have to cross bOth rights-of- way to., connect its reclaimed water transmission facilities to RECIPIENT's irrigation system, the BOARD agrees to obtain a price from its Contractor for the installation of. such pipe for RECIPIENT. The RECIPIENT shall then be authorized to either contract directly with the BOARD's Contractor for such pipe installation or to obtain its own contractor. 4-9-97 Reuse/Quai1.rdg/restatement.amd 14 21 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD -, J~i .. By,"~. , , ~h i~~;,""k~, ~) APPROVED AS TO FORM: /I,'} /--; 'J~I // / Board/Attorney I I QUAIL RIDGE COUNTRY CLUB, INC. tfL; w::i ~~ By: Mayor 4-9-97 Reuse/Quail.rdg/restatement.amd 15 EX BmlT B OPERA TING RESTRlITS Recipient shall maintain compliance with the following operating restrictions for protecting hwnan health. welfare and safety, and tile environment. '" ] _ The public shall be notified of the use of reclaimed water by posting advisory signs, notes on score cards or other methods in accordance with Chapter )7-6]0.468 FAC 2. Direct connections between the reclaimed water system and irrigation water system shall not be allowed without the use of appropriate backflow prevention devices. 3. No cross-connection to potable water systems shall be allowed. 4. All reclaimed water valves and ouuets sh?ll be appropriately color coded and labeled in accordance with Chapter 17-610.470 F AC to warn public and employees that the water is not intended for drinking. 5. Setback distances to potable water supply wells and the use of low trajectory Dozzles shall be in accordance with Chapter ]7-6] 0.47] F AC. 6. The use of reclaimed water shall be consistent with all appliC3ble federal, Slate, and local laws and reQUJations. Exhibit B January] 995 'b~S74\EXlttBrr .B P.~ 1 of 1 -' :;: ::> ~ 5 Ii: ... ... '" " ./ a L o '1 :u. o u ~, -u "r) ~ c o a '0 g S ri 0 0.0 i . 11 o \.. ~. E; ~i .I! Q .<: 3- ~ "" Q ..... " \I i.. .: ~ ~. D Cll -0 o '6 \j OJ ... m~ '5 ~ ~ ... ~ ~ .!. EXHIBIT D Enclosure 'A Board sh~1I monitor the redaimed water for the following parameters and agrees 10 diver1 reclaimed water which exceeds the specified limits. Parameter Sampling Frequency Limitll) Turbidiry Continuous 2 NTU Chlorine Residual Continuous 1 (minimum) ClMoride Continuous 350 CBOD(~' Daily 20 TSS(3) Daily 5 pH Hourly 610 7.5 unitslS) 7.8 unils(6) Aluminum Annual 1.0 Arsenic Annual 0.10 Beryllium Annual 0.10 Boron Annual 0.50 Cadmium Annual 0.01 Chromium Annual O. I Cobalt Annual 0.05 Copper Annual 0.2 Fluoride Annual 1.0 hon Annual 5.0 Lead Annual 5.0 Lithium Annual 2.5 Manganese Annual 0.2 Molybdenium Annual 0.005 Nickel Annual 0.02 Selenium Annual 0.02 Vanadium Annual 0.10 Zinc Annual 2,0 BiC<:\rooryate (as CaCO:;) Annual 120 Calcium Annual (4) M;agnesium Annual (4) Sodium Annual (4) Sodium Adsomtion Ratio Annual 6 units (I) (2) (3) (-4) (5) (6) Maximum concentration expressed in mgIL unless noted. Carbonaceous Biochemical O>..")'gen Demand (CBOD). Total Suspended Solids (TSS). Information used in calculation of Sodium Adsorption Ratio (SAR). Daily average 2-Hour duration "":..7~7~\I:XHIBIl.D Exhibit D January 1995 Pare 1 of I AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AND QUAIL RIDGE COUNTRY CLUB CONCERNING DELIVERY AND ACCEPTANCE OF RECLAIMED WATER THIS AGREEMENT is made and entered into on this /X!~ day of C}7?/Vl U4A4-/ 1996, by and between South Central Regional Wa~tewate~ Treatment and Disposal Board, a municipal corporation created pursuant to the laws of the State of Florida (hereinafter BOARD), and Quail Ridge Country Club, (hereinafter RECIPIENT). Accordingly, for and in consideration contained herein, mutual understandings contained herein, and other consideration, sufficiency of which is hereby acknowledged the parties covenant and agree as follows: of the recitals and agreements the receipt and by the parties, SECTION 1. Recitals. The below recitals are true and correct and form a material part of this Agreement. 1.1 The parties hereto represent to one another that each has the full power and authority to enter into this Agreement and to carry out their respective obligations thereunder. The BOARD is composed of the Cities of Boynton Beach and Delray Beach (the "Cities"), pursuant to an Interlocal Agreement entered into pursuant to Chapter 163, Florida Statutes. 1.2 The parties recognize that reuse of Reclaimed Water is in the public interest, as it recaptures an otherwise wasted and unused water resoUrce. The BOARD owns and operates wastewater facilities which it proposes to upgrade to produce Reclaimed Water suitable for irrigation of areas, such as golf courses, parks, school grounds and cemeteries, and RECIPIENT is willing to accept such Reclaimed Water for irrigation purposes in the public interest. 1.3 In a norma). year, RECIPIENTS will irrigate approximately 240 .days and most of RECIPIENT'S daily requirements will be needed during approximately 12 hours commencing about sundown. BOARD agrees to use its best efforts to supply Reclaimed Water on demand to RECIPIENT up to the: volume and at the charge set forth in this Agreement. RECIPIENT has valuable golf courses that require access to such Reclaimed Water and has expended substantial money and effort and has foregone other avenues to meet its irrigation requirements in reliance on this Agreement. The BOARD is not required to upgrade its wastewater system to produce Reclaimed Water but is doing so in reliance Upon the RECIPIENT entering into this Agreement. 12-5-95 REUSE/QUAILRIDGE/DELVERY.AGR 1 1.4 The RECIPIENT owns and controls land which is described in Exhibit "A" (the "Property"), attached and made a part hereof by reference. 1.5 RECIPIENT agrees to: (a) irrigate the Property using Reclaimed Water; (b) maintain the storage facility, if applicable, ponds and lakes, if applicable, pumps and irrigation system to be located on the Property from the point of delivery; and (C) upgrade its irrigation system when reasonable and economical to utilize the volume of Reclaimed Water accepted from' the BOARD and as required to meet any federal, state, or local requirements, (d) maintain compliance with the operating restrictions for protecting human health and the environment attached thereto as Exhibit "B". 1.6 Recipient shall accept tpe Reclaimed Water delivered by the BOARD and use it for irrigation of the Property. The BOARD shall be deemed to be in possession and control of the Reclaimed Water until it shall have been delivered to the RECIPIENT at the Point of Delivery. After such dglivery, the RECIPIENT shall be deemed to be in possession and control thereof. 1.7 The RECIPIENT agrees to maintain all Federal, State and governmental permits issued to it and necessary to allow it .to receive and utili~e the Reclaimed Water pursuant to the terms of this Agreement. 1.8 The right of the RECIPIENT to sell, transfer or encumber the Property in areas irrigated with the Reclaimed Water shall not be restricted by this Agreement. This Agreement shall run with the land so long as the use of a major portion of the Property shall continue to be for golf course and related purposes. Any subsequent party in interest to such golf course or courses shall be obligated to receive and pay for Reclaimed Water under the same terms and conditions of this Agreement, unless modified by mutual consent of the BOARD and the buyer or transferee. 1.9 METER. The design and construction of the metering facility shall be the responsibility of the BOARD and must be mutually approved in advance in writing by BOARD and REC~PIENT. The meter will be utilized to measure the amount of Reclaimed Water delivered by the BOARD to RECIPIENT and the BOARD shall operate, maintain, cause to be calibrated, and repair said meter. 1.10 CONSTRUCTION. Upon completion of the engineering design of the metering facility, and the acceptance of same by both parties, the metering facility will be constructed by the BOARD and placed into service. 12-5-95 REUSR/QUAILRIDGE/DBLVERy.AGR 2 1. 11 COSTS AND OPERATION. The BOARD shall bear the cost of constructing, owning and maintaining the Reclaimed Water meter and related appurtenances and the lines interconnecting BOARD's system into the metering facility, including all valves and appurtenances up to and including the discharge flanges of the valves immediately downstream of the meter. The parties agree that the RECIPIENT shall have reasonable access to the metering facility, to all other Reclaimed Water meters, check valves, and any other appurtenances thereto, to verify flows, meter readings, meter calibrations, efficiency of the check valves, and any other performance data necessary to the operations of the Interconnection facility upon reasonable advance notice to the Board. The metering device shall be tested and calibrated, at BOARD's expense, at least once per year and repaired if required. Any errors in meter reading and any discrepancy in meter results from a true and correct measure of Reclaimed Water flow to RECIPIENT shall be adjusted properly and retroactively to reflect the flow to RECIPIENT. Any incorrect metering device shall be repaired forthwith by the BOARD. 1.12 This agreement has been duly authorized by all named parties. Pursuant to Section 3 (C) of the Interlocal Agreement dated December 26, 1974, between the City of Boynton Beach and the City of Delray Beach, this Agreement and all provisions thereof have been contractually approved by a majority vote of each City Council as the act of each City, or, if such approval has not already been obtained, such approval will be obtained and certified to RECIPIENT before this Agreement shall become effective. SECTION 2. Definitions. The parties agree that in construing this Agreement, the following words, phrases and terms shall have the following meanings, unless the context requires otherwise: 2.1 "Agreement" . means this Agreement between BOARD and RECIPIENT. 2.2 "FDEP" means the Florida Department of Environmental Protection, and its SUccessors. 2.3 "Fiscal Year"means October 1 to September 30 of the following year. 2.4 "GPD" means gallons per day. 2 . 5 "Irrigation system" means those pump stations, lines, pipes, sprinkler heads, ponds. and lakes, storage facilities, if applicable, and pertinent equipment that are located on RECIPIENT's property and used to store, spray and irrigate with Reclaimed Water that has been treated in accordance with 12-5-95 REUSE/QUAILRIDGE/DELVERY.AGR 3 all applicable governmental regulations and in accordance with the terms and provisions of this Agreement. 2.6 "MGD" means million gallons per day. 2.7 "Point of delivery" means the point at the meter which divides the BOARD's wastewater facilities from the RECIPIENT's irrigation system, or as otherwise noted on engineering drawings approved by both parties. 2.8 "Reclaimed Water" means wastewater that has been treated in accordance with Section 3.4 of this Agreement. 2.9 "Reclaimed Water Disposal Facilities" means those facilities necessary for the storage, if applicable, transportation and disposal of wastewater previously treated in accordance with applicable local, state and federal standards and limitation at the plant to the standard of Reclaimed Water. These facilities include, but are not limited to, any Reclaimed Water transmission facilities, irrigation systems and storage facilities, if applicable. 2.10 "Reclaimed Water Transmission Facilities" means the BOARD's facilities used to transmit Reclaimed Water. 2.11 "Storage Facilities" means those facilities which may be designed, permitted and constructed on the Property, if applicable, or upon the BOARD's property, if applicable, and which are necessary to store and hold Reclaimed Water in a manner that complies with regulatory requirements. 2.12 "Wastewater" means the product received by the 'wastewater treatment facility for treatment. 2.13 "Wastewater Facilities" means the BOARD's plant located at 1801 North Congress Avenue, Delray Beach, Florida, and Reclaimed Water transmission facilities, including all interceptors, lines, pipes, meters, couplings, pumps, force mains, and appurtenant equipment necessary to treat and transmit the Reclaimed Water. SECT~ON 3. Grant of License and Easement. RECIPIENT hereby grants to BOARD an easement over the Property, including a 15 foot utility easement to be mutually agreed upon and located in the approximate location depicted on Exhibit "C" attached hereto, to allow construction, operation, maintenance and repair of the BOARD's Reclaimed Water transmission main to the point of delivery, and the right to transmit, deliver and dispose of Reclaimed Water through the irrigation system and storage facility, if applicable, on the Property in accordance with and subject to the following conditions: 12-5-95 REUSR/QUAILRIDGR/DRLVERY.AGR 4 3.1 Desiqn and installation of Certain Facilities. BOARD agrees to design, permit, install and operate improvements and additions at its existing wastewater treatment plant, and the BOARD's Reclaimed Water transmission facilities, and to Permit effluent disposal facilities in order to provide Reclaimed Water at the point of delivery. RECIPIENT agrees to design, permit, install and operate, at its sole expense, any storage facility, if applicable, and the irrigation system on the Property up to the point of delivery. 3.2 Permits and Approval for the Irriqation System. Recipient shall be responsible, in cooperation with Board, for obtaining and maintaining necessary governmental permits and approvals in order to install and operate the irrigation system: provided, however, that Board shall be responsible for obtaining and maintaining all permits for Reclaimed Water disposal facilities. For all wastewater facilities located on its side of the point of delivery, Board shall be solely responsible for obtaining, compiling, providing and complying with all monitoring, sampling, testing, and reporting requirements for the Reclaimed Water, which may be imposed by government law, rule, permit, or approval. Recipient shall grant Board upon reasonable advance notice to RECIPIENT access to the irrigation system as needed to assure continued compliance with applicable laws and regulations, including, but not limited to, any monitoring or testing requirements. 3.3 Delivery of Reclaimed Water. BOARD agrees to use its best efforts to make available and deliver in the volume and at the times requested, an annual volume of Reclaimed Water of at least 224 million gallons (MGY), with maximum volume any one day up to but not to exceed 1,600,000 (700,000 and 900,000 for north and south connections, respectively) gallons per day (GPD), at a rate of 3,333 (1,460 and 1,875 for north and south connections, respectively) gallons per minute (GPM), for use on the Property and, at its cost, to connect the BOARD's Reclaimed Water transmission facilities to RECIPIENT's irrigation system at the point(s) of delivery agreed upon and as shown in Exhibit "C". Both RECIPIENT and BOARD recognize that water supply and demand will vary depending on a number of factors, primarily climatic conditions. 3 . 4 Quali tv of Reclaimed Water. BOARD shall make available to RECIPIENT Reclaimed Water of a quality consistent with the requirements of "public access" treatment levels as set forth in Chapter 62-610, Florida Administrative Code, or its successor Code provisions, or of a quality consistent with more stringent requirements that may be .imposed by any governmental agency having jurisdiction and legal authority. In recognition of the need to supply Reclaimed Water, the BOARD shall also be required to comply with effluent limitations set forth in Exhibit "D". All Reclaimed Water 12-5-95 REUSR/QUAILRIDGE/DELVERY.AGR 5 made available by BOARD under this Agreement shall, at a minimum, have been treated by advanced treatment methods to remove harmful levels of bacteria, viruses, and other constituents or pollutants which could constitute a danger to human health, and in accordance with all applicable federal, state and local laws, rules, regulations, POlicies, ordinances, resolutions, orders and permits and the requirements of E"xhibit "D". BOARD shall provide continuous mpni toring of chlorine and turbidity, as well as other required ground and surface water quality sampling and monitoring of Reclaimed Water as required by local, state and federal regulations and' by Exhibit "D". BOARD agrees to divert away as expeditiously as Possible, from the irrigation system, any Reclaimed Water which does not comply with the terms and conditions of this Agreement or which does not meet the applicable state, federal or local laws and regulations and to promptly and fully notify RECIPIENT of such action. Copies of all test results shall be available to RECIPIENT upon request. 3.5 Minimum Purchase of Reclaimed Water b RECIPIENT. Upon receipt of all necessary governmental permits and approvals by all parties and completion of construction of wastewater facilities and continuing for so long as BOARD complies with the requirements set forth in this Agreement, RECIPIENT has an bbligation to pay for at least -"-'!4 millIon I 'fd '" , L L I Q gallons annually of Reclaimed Water for spray irrigation on ~~, the Property, subject to conditions as set forth in Section ,~:; 3.3 of this Agreement. Notwithstanding anything to the ""^ r::, contrary, Recipient shall not be obligated to accept deli very"", of or pay for Reclaimed Water which does not comply with the terms and conditions of this agreement. Such exception to RECIPIENT'S obligation to accept delivery of such Reclaimed Water by reason of the Board's failure to meet the water quality standards required in this Agreement shall relieve RECIPIENT of its obligation to pay BOARD for the minimum annual volume set forth above at the rates determined pursuant to Paragraph 5 below only t9 the extent that the BOARD shall not have made available to RECIPIENT such annual minimum volume of Reclaimed Water meeting the requirements of this Agreement through the completion of the then cUrrent fiscal year. Recipient shall not transfer the water provided by Board tb any third party or off of the Recipient's property which is the subject of this agreement. 3.6 RECIPIENT shall be responsible for all maintenance of water and its irrigation system on RECIPIENTS side of the point(s) of ~elivery. 3.7 Nothing in this Agreement shall be construed to give RECIPIENT any right to the exclusive receipt of BOAAD' s Reclaimed Water supply. 12-5-95 REUSRIQUAILRIDGE/DELVERY.AGR 6 3.8 The BOARD agrees that it will not enter into contracts with other recipients of Reclaimed Water for more than its daily supply capacity as the same exists from time to time. SECTION 4. Term and Fees 4.1 Term. The Easement and this Agreement shall be in effect for a period of twenty. (20) years commencing on the date of execution of this Agreement. The term of the Easement and this Agreement shall be automatically extended for successive periods of ten (10) years- each, Upon the same terms and conditions as herein provided, unless either party hereto notifies the other by certified mail at least three years prior to the expiration of the initial term of this Agreement or any renewal thereof, that this Agreement shall not be so extended. 4.2 PaYment of Fees. In return for and in consideration of BOARD's construction of facilities and delivery of Reclaimed Water~ RECIPIENT agrees to pay BOARD a one-time connection fee of $8,600.00 ($4,300.00 each for north and south connections) and a volume charge of 20e for each 1,000 gallons of Reclaimed Water used, (the "Volume Charge") but on an annual basis not less than the above rate times the minimum quantity RECIPIENT has agreed to purchase under Section 3.5 together with a storage charge equal to 8e (the "Storage Charge") for each 1,000 gallons of Reclaimed Water, the Volume Charge for which is paid for by RECIPIENT, as provided above. Such Storage Charge shall remain constant and shall not be adjusted during the term of this Agreement or any extension hereof. Payment of the connection fee shall be in one lump sum no later than the commencement of construction of the modification to the BOARD's wastewater facilities for the treatment and production of Reclainied Water. The Volume Charge shall remain constant until the expiration of the third (3) fiscal year from the commencement of pumping (provided that if less than six (6) months expires between the time BOARD commences or makes available delivery of Reclaimed Water and the end of tpe first fiscal year, such first year shall not Count as the first fiscal year), after which the. pric~ will be redetermined as provided in Section 5. The BOARD shall render billings to RECIPIENT for the volume charge on a monthly basis for such applicable charges on the basis of the' greater of the actual Reclaimed Water delivered or the volume charge for 1/12th of the minimUm guaranteed annual volume agreed to be accepted by RECIPIENT pursuant to Section 3.5 above; provided that RECIPIENT shall pay no more, on a fiscal year basis, than (i) such minimum annual guaranteed volume charge or (ii)charges for Reclaimed Water actually accepted during the fiscal year, whichever is more. 12-5-95 RRUSR/QUAILRIDGR/DELVERY.AGR 7 4.3 In the event the BOARD shall not be able to deliver Reclaimed Water in the minimum volume agreed to in Section 3.5 of this Agreement, as a result of its inability to do so and through no action or inaction on the part of the RECIPIENT, the RECIPIENT shall be entitled to a credit for such shortage in the minimum agreed to volume (by a proportionate reduction) . SECTION 5. Future Adjustment of Price of Reclaimed Water. The Volume Charge shall be adjusted. after the first three (3) fiscal years as aforesaid upward or downward based on one-half (!) of the year-to-year change in the actual operating costs of producing, metering and delivering Reclaimed Water from effluent and transmitting it to the point of delivery for the RECIPIENT as it relates to the preceding year's Volume Charge, however, such Volume Charge shall never be less than 20~ per thousand gallons nor shall an increase be applied if the actual operating costs shall be less than said 20C:: per thousand gallons. The first such adjustment shall occur effective the first day of the fourth fiscal year following the initial delivery of Reclaimed Water to RECIPIENT and shall reflect one-half (!) the. relative increase or decrease in actual operating costs incurred Py the BOARD during the second fiscal year of delivery of Reclaimed Water to RECIPIENT as compared to the third fiscal year and for each subsequent year thereafter as compared to the previous year. The actual operating cost and change therein shall be the basis for determining the index for making the adjustments in the Volume Charge. Actual operating costs ("Actual Operating Costs") shall be determined in conformity with generally accepted accounting principles consistently applied, except the depreciation of plant and equipment and any other provision for capital recovery, including interest on long term debt, shall not be included as operating costs, as such costs are properly allocable to wastewater customers'. Any increase or decrease in the Volume Charge shall be determined as soon as reasonably practicable and shall be effective retroactive to the scheduled date of adjustment and a sum due to the BOARD as a result of the retroactive effect of such adjustment or the credit due the RECIPIENT, if applicable, shall be reflected in the next bIllings regularly submitted by BOARD to RECIPIENT as provided in Subparagraph 5.4. 5. 1 BOARD personnel shall establish, or cause to be established, and maintain an accounting system in which such current operating costs are recorded monthly in separate accounts from sewage processing accounts. Costs shall be recognized on a first-in first-out basis. The BOARD personnel shall prepare and preserve any studies relating to the allocation of operating costs on other than an actually incurred basis. By way of example, the parties agree that all operating and maintenance costs of labor, chemicals and power, 12-5-95 REUSE!QUAILRIDGE!DELVERY.AGR 8 permits, regulatory requirements, legal, engineering, administration, testing, meter calibration and contract services may be allocated based on appropriate data or studies. Such Current operating costs shall be recorded on a consistent basis from month to month and year to year, and the total for each fiscal year shall be used to calculate a cost per thousand gallons of Reclaimed Water delivered beginning with the second fiscal year after the plant starts to deliver Reclaimed Water to RECIPIENT. 5.2 By way of example, if delivery begins on October 6, 1996, the third fiscal year thereafter would be October 1, 1998 to September 30, 1999. Assume that the actual cost of producing Reclaimed Water for the fiscal year October 1, 1997 through September 30, 1998 was 21~. Further, assume that the Actual Operating Cost of producing and delivering Reclaimed Water to RECIPIENT during the second fiscal year to the end of the third fiscal year (October 1, 1997, through September 30, 1999) increased from 21~ per thousand gallons to 23c per thousand gallons. The index for increase would be calculated by dividing the base cost of 21~ per thousand gallons into one-half (!) the 2~ increase in cost, resulting in an increase of 4.76% to the previous years' Volume Charge of 20~ per thousand gallons for the fourth fiscal year, equal to 20.95~ per thousand gallons (~ x 2 = 1 + 21c = .0476, then 20~ x 1.0476 = 20.95~). 5.3 As soon as reasonably practical, after each fiscal year for which the contract price is subject to adjustment , the BOARD shall prepare a statement showing in reasonable detail the actual operating costs to produce Reclaimed Water from effluent for the latest two fiscal years. For each such year, the statement shall also show (1) the number of gallons in thousands of Reclaimed Water delivered to Reclaimed Water users, (2) the cost per thousand gallons of Reclaimed Water calculated by diViding such.operating costs by such gallons, (3) the calculation of the ratio of change in cost per thousand gallons from the earlier year to the later year, and (4) the calculation of the adjusted price for the later year. This statement shall be deemed to be the responsibility of the BOARD, and the BOARD's Executive Director shall attest in writ.ing,to the propriety of the costs and calculations shown thereon. ~ 5.4 By January 15 of each year, the BOARD'S Executive Director shall submit to RECIPIENT th~ supplemental statement set forth in the. preceding paragraph, together with the attestation thereto by the BOARD. At the same time, the BOARDS Executive Director shall submit to RECIPIENT a bill or credi t showing ( I) the amount paid by the RECIPIENT for Reclaimed Water delivered in the current fiscal year, (2)the amount payable for Reclaimed Water delivered in the current 12-5-95 RRUSR/QUAILRIDGE/DELVERY.AGR 9 fiscal year based on the adjusted price for the year as set forth above, and (3)the difference. Any such difference shall be either paid promptly by the RECIPIENT, or shown as a credit in the next billing to the RECIPIENT. 5.5 For billing purposes only prior to the determination of actual costs for adjusting the Volume Charge, during each year subject to price adjustment, the BOARD may use a tentative price per thousand gallons based on using budgeted costs for the current year in the price adjustment calculation set forth above. 5.6 RECIPIENT, at its own expense, has the option of examining the financial statements, general books and related records, and production records of the BOARD. 5.7 Notwithstanding the above provisions, the price paid by the RECIPIENT for Reclaimed Water shall be adjusted downward in the event the BOARD offers Reclaimed Water to any other non-governmental customer(s) upon substantially similar terms and conditions for the same use of the Reclaimed Water at a lower charge than RECIPIENT is or will be paying under this Section 5. Such downward adjustment shall be made to guarantee RECIPIENT that no other user of Reclaimed Water for similar purposes shall receive a more favorable charge than will also be given to RECIPIENT under similar circumstances. 5.8 To the extent that the BOARD receives governmental or environmental noncapital improvement subsidies which are provided to the BOARD for encouraging wastewater reuse and which are intended to be applied pursuant to the terms of such grant or subsidy to the operational costs of the Reclaimed Water facility, as opposed to capital improvements or expansion of such Reclaimed Water facility, the BOARD will apply such funds, to the extent allowed, to its Reclaimed Water facility operating costs. 5.9 The parties to this Agreement agree and recognize that RECIPIENT is under no legal or other obligation to enter into this Ag:reement for reuse of wastewater. RECIPIENT currently has operating pennits from FDEP and the Water Managem~nt District to pump surface and ground water for all RECIPIENT'S irrigation needs and RECIPIENT'S costs to pump this surface and ground water is substantially less than the charges RECIPIENT will pay for Reclaimed Water under this Agreement. RECIPIENT'S only consideration and motivation to enter into this Agreement is to insure sufficient irrigation water by receiving its full allocation of Reclaimed Water on demand in accordance with the rate and delivery conditions set forth in this Agreement, free from adverse environmental or climatic impact. RECIPIENT has detennined that the benefits of this Agreement are only marginally economically feasible. 12-5-95 REUSR/QUAILRIDGE/DRLVERY.AGR 10 Therefore, if as a result of any action by the BOARD, the City of Delray Beach or the City of Boynton Beach, RECIPIENT would be required to pay charges in excess of those established under Section 5, then RECIPIENT shall have the option of canceling this Agreement upon sixty (60) days advance written notice to the BOARD. SECTION 6. Inspection. BOARD shall have the right to enter RECIPIENT's property, upon proper identification and at any reasonable time, in order to inspect the irrigation system as may be necessary or desirable for the operation, safety, protection, or preservation thereof, to determine compliance with any law, order or regulation of any governmental authority having jurisdiction, and for sampling at any monitoring wells located on the property. RECIPIENT shall have the right to enter the BOARD's plant and properties and the right of access to its wastewater facilities and records, at any reasonable time, for the purpose of determining whether the BOARD is incompliance with this Agreement. SEC~ION 7. Assignments. This Agreement can be assigned by RECIPIENT only with the prior written approval of BOARD, but such approval shall not be unreasonably withheld, provided the assignee shallassUIDe this Agreement and shall demonstrate to BOARD its financial ability to comply with the provisions hereof. SECTION 8. Notices; Proper Form. Any notice required or allowed to be delivered hereunder shall be in writing and shall be deemed to be delivered when (1) hand delivered to the official hereinafter designated, (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to a party at the address set forth opposite the party' name below, or at such other address as the' party shall have specified by written notice to the other party delivered in accordance herewith: BOARD SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD Executive Director 1801 North Congress Avenue Delray Beach, FL 33445 RECIPIENT QUAIL RIDGE COUNTRY CLUB C/O Club Manager 3715 Golf Road Boynton Beach, FL 33436 12-5-95 REOSE/QUAILRIDGE/DELVERY.AGR 11 COpy TO: Boynton Beach City Manager P.o. Box 310 Boynton Beach, FL 33425-0310 COpy TO: Delray Beach City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 COPY TO: Robert W. Federspiel, Esq. 501 East Atlantic Avenue Delray Beach, FL 33483 SECTION 9. Notices; Default. Each of the parties hereto shall give the other party written notice of any defaults hereunder and shall allow the defaulting party 30 days from the date of receipt to cure such defaults, except failure to deliver water on demand. SECTION 10. Default by Either Party. If any party hereto fails to perform or comply with. any of the conditions of this Agreement, and if the nonperformance shall continue for a period of thirty (30) days after the written notice thereof to the non-performing party, or if the performance cannot be reasonably completed within the 3D-day period, or if the non- performing party does not in good faith commence performance within the 30~day period and does not diligently proceed to complete performance, the non-performing party shall be in default or breach of this Agreement. SECTION 11. Indemnification. In the event RECIPIENT shall fail to comply with any reuse water rule or regulation of any Federal, State or County or local agencies, except BOARD, or violate any permit granted with regard to the use of the irrigation system on the RECIPIENT's property, then RECIPIENT shall indemnify the BOARD, its officers, governing board, employees and agents against all claims, demands, causes of actions, suits, judgments, fines, penalties, or losses, inc.luding all costs suffered or incurred by the BOARD by reason of such failure. In the event the BOARD shall fail to comply with any rule, regulation, order of any Federal, State or County or local agency, or fail to deliver water meeting the quality standards provided by this Agreement, then the BOARD shall, to the extent allowed by law, indemnify the RECIPIENT, its officers, board of directors, employees and agents against all claims, demands, causes of actions, suits, 12-5-95 REUSE/QUAILRIDGE/DELVERY.AGR 12 jUdgments, penalties, fines, or losses suffered or incurred by the RECIPIENT as reason of such failure. SECTION 12. Remedies of Default. If either party hereto shall be in default hereunder as set forth in Section 10, then the other party shall have the following remedy: bring suit for the breach which has occurred without affecting the obligations of the party to perform the balance of the Agreement. The parties shall have the right not only to injunctive relief, but also to recover any damages which a party may incur as a result of the breach of this Agreement by the other party. The parties further agree that any litigation shall be brought in Palm Beach County, Florida, only, and the parties agree that the proper venue for any such action would only be in Palm Beach County, Florida. The parties further waive any right to Jury trial they may have in any action among them involving this Agreement or the alleged breach thereof. SECTION 13. Disclaimers of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties hereto and no right or cause of action shall accrue upon or by reason hereof or to or from or for the benefit of any third party not a formal party hereto. SECTION 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement. SECTION 15. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. SECTION 16. Entire Agreement. This agreement contains the entire Agreement between the parties hereto with respect.to this transaction and supersedes all prior negotiations and all prior written or oral understandings. SECTION 17. Amendment~. This Agreement may only be amended, supplemented or discharged by an instrument in writing signed by all parties hereto. SECTION 18. Recordation. This Agreement or a mutually agreeable memorandum thereof will be recorded in the public records of Palm Beach County, Florida. SECTION 19. Extent of Agreement. Each party shall advise the other party, in writing, as to the status of its construction document preparation and construction of' associated improvements on a monthly basis to ensure that both parties' activities are progressing with reasonable diligence. 12-5-95 REUSE/QUAILRIDGE/DELVERY.AGR 13 SECTION 20. Completion Date. The Board agrees to use its best efforts have its Reclaimed Water facilities completed and available for use for RECIPIENT and RECIPIENT agrees to use its best efforts to have its Irrigation System complete and to accept delivery of Reclaimed Water from the BOARD on or before November 1, 1997, subject to matters beyond the reasonable control of either party. SECTION 21. Cross-Connection. RECIPIENT desires to connect its south course irrigation system with its north course irrigation system, which will require crossing the Woolbright Road and L-26 canal. In that the BOARD will also have to cross both rights-of-way to connect its reclaimed water transmission facilities to RECIPIENT's irrigation system, the BOARD agrees to obtain a price from its Contractor for the installation of such pipe for RECIPIENT. The RECIPIENT shall then be authorized to either contract directly with the BOARD's Contractor for such pipe installation or to obtain its own contractor. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISJWflAL BOARD .~ ~\ .,) ',\ \=-( " \ ^ ''\'" .-.... . -t"'t\ ~ \\ _ . ' By: Ii \. 1\ ~-- -'I Chafrrilan r~.-~ '\ "', '^.. \ ~, t ~} ATTESTED BY: /~/ j' '-;f~A-' / ._~"'~_/-.-~~//.r~...--- pc/V - _/~{~.. '..-' P-' ;--~'-'---~-S~'ptetary .r/ ,..,r...r APPRO?C/ Board ....Attorney t QUAIL /~~ /9 r By: APPRO VE p_.-~~:. .L' 'a<<~ R " /. /' ~/ .' , ~_ ~~'L/'~~.,~____- ,/,/,A7 ~p c~ty 6f De11ay Beach, Mayor APP::;;f:;:;z City of Boynton ach, Mayor 12-5-95 REUSE!QUAILRIDGE!DELVERY.AGR 14 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY (To Be Provided By Recipient) QUAIL RIDGE (A PLANNED UNIT DEVELOPMENT) PLAT NO.1 BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF SEGTION 36, TOWNSHIP 45 SOUTH, RANGE 42 EAST. N\ID A PORTION OF THE NW 1/4 OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST. VILLAGE OF GOLF i\ND PALM BEACH COUNTY, FLORIDA PLAT NO. 2 BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF SECTION 36. TOWNSHIP 45 SOUTH RANGE 42 EAST. PALM BEACH COUNTY. FLORIDA PLAT NO.3 BEING A SUBDIVISION OF A PORTION OF THE N 1/2 OF SECTION 36, TOWNSHIP 45 SOUTH, RANGE 42 EAST, VILLAGE OF GOLF AND PALM BEACH COUNTY, FLORIDA PLAT NO. 3A BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF SECTION 36. TOWNSHIP 45 SOUTH. RANGE 42 EAST, PALM BEACH COUNTY. FLORIDA PLAT NO. 4 BEING A SUBDIVISION. OF A PORTION OF THE N 1/2 OF SECTION 36. TOWNSHIP 45 SOUTH, RANGE 42 EAST. PALM BEACH COUNTY. FLORIDA PLAT NO.5 BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF . . SECTION 36, TOWNSI-llP 45 SOUTH, RANGE 42 EAST AND A PORTION OF THE NW 1/4 OF SECTION 31. TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY. FLORIDA PLAT NO. 6 BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF SECTION 31, TOWNSHIP 45 SOUTH. RANGE 43 EAST, VILLAGE OF GOLF AND PALM BEACH COUNTY. FLORIDA PLAT NO.7 BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF OF SECTION 31. TOWNSI-llP 45 S.OUTH, RANGE 43 EAST, PALM BEACH COUNTY. FLORIDA Page 1 0[3 - Exhibit 'p 5110119~ PLAT NO.8 BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA PLAT NO. 9 BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF OF\SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA PLAT NO. 10 BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST AND A PORTION OF THE NE 1/4 OF SECTION 36, TOWNSHIP 45" SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA PLAT NO. 11 BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE" 43 EAST, PALM BEACH COUNTY, FLORIDA PLAT NO. 12 BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF SECTION 36, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA " PLAT NO. 13 BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF SECTION 31. TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA PLAT NO. 14 IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF TRACTS 105, 119, 120 AND PORTIONS OF TRACTS 73,74,87,88, 106, 107, 117 AND 118 PALM BEACH FARMS COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LANDS PLAT NO. 15 IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORlDA, BEING A RE-PLAT OF PORTIONS OF TRACTS 53, 54,75,76,85 AND 86 PALM BEACH FARMS COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LANDS Page 2 of 3 - Exhib 5/101 ",' "1I PLAT NO. 16 IN SECTION 30. TOWNSHIP 45 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA. BEING A RE-PLAT OF PORTIONS OF TRACTS 73. 74. 75, 86, 87 Al'JD 88 PALM BEACH FARMS COMPANY PLAT NO.8, SECTION 30. TOWNSHIP 45 SOUTH , RANGE 43 EAST, PLAT BOOK 5. PAGE 73 AND OTHER LANDS "" PLAT NO. 17 IN SECTION 30, TOWNSHIP 45 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF PORTIONS OF TRACTS 85, 86, 87, 106, 107. 108, 117 AND 118 PALM BEACH FARMS COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PLAT BOOK 5, PAGE 73 AND OTHER LANDS PLAT NO. 18 IN SECTION 30, TOWNSHIP 45 SOUTH~ RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF PORTIONS OF TRACTS 51, 52, 53, 54, 76,77.78. 84 AND 8 PALM BEACH FARMS COMPANY PLAT NO.8. SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LANDS PLAT NO. 19 IN SECTION 30, TOWNSHIP 45 SOUTH; RANGE 43 EAST,'PALM BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF TRACTS 19, 20, 45 AND 46 AND PORTIONS OF TRACTS 12, 13, 14,21. 43,44,51, 52, 53 AND 54 PALM BEACH FARMS COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LANDS PLAT NO. 20 IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF TRACTS 22, 41. 42 AND PORTIONS OF TRACTS 11,12,21,43,53,54,55 AND 56 PALM BEACH FARMS COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LANDS PLAT NO. 21 IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY. FLORIDA. BEING A RE-PLAT OF TRACTS 115. 116, 110, 109,83 AND PORTIONS OF TRACTS 117, 108,84.85, 78.77.51 AND 52 PALM BEACH FARMS COMPANY PLAT NO.8. SECTION 30, TOWNSHIP 45 SOUTH. RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LANDS Page 3 of 3 - Exhibi1 c;110!C EXHIBIT B OPERA TINe RESTIUcrs Recipient shall main,,"n compliance with the following operating restrictions for protecting human health, welfare and safety, and the environment lI"\ 1. The public shall be notified of the use of reclaimed water by posting advisory signs, notes on score cards or other methods in accordance with Chapter 17-610.468 FAC 2. Direct connections between the reclaimed water system and irrigation water system shall not be allowed without the use of appropriate backflow prevention devices. 3. No cross-connection to potable water systems shall be alJowed. 4. All reclaimed water valves and outlets sh~l be appropriately coJor coded and Jabeled in accordance with Chapter J7~ J 0.170 F AC to warn public and employees that the water is not intended for drinking. 5. Setback distances to potable water supply weUs and the use of low trajectory Dozzles shall be in accordance with Chapter 17-610.47J FAC 6. The use of reclaimed Water shall be consistent with all applicable federaL slate, and local Jaws and regulations. ^:.~j14\E:XHmrr.B Exhibit B January] 995 P're J 0[ I ~ t: o " ~ o U ~I -00 C C o c ._ c () 0 00 ] 0: () 0.0 : . E o .... ~. s ~j <:> 14 l} .3 '" <:> '" '" c= J .- ------ \I ~... L v .6 ~ u ~ '" 5.. D '" ""[] o mn -/ I ...J :;: '" Q r" ~ 5 Ii: .,. ... '" r- , c o lu:;:; .0.......0 Q) ::) (;) CO (.) OlU 3: c 1:) c ='=ct: >-.u 0 .0 ~q)U .- -&..J E ..c .0 c '+- ~ ::l :J.O 0 00- (.)u..... III C 0::: .6 n.. ~ .. ;l: ., l; ~ c {l .5 . ~ ~ u ... "- ~ 7 ...J .J1 ,(.'011." EXHIBIT 0 Enclosure 'A' Board s~1I monitor the reclaimed water for the following parameters and agrees to divcr1 reclaimed water which C).cccds thc specified limits. Parameler Sampling Frequency Limitl)) Turbidity Continuous 2 NTU Chlorine Residual Cominuous I (minimum) C~oride Continuous 350 CBOD(~) Daily 20 TSS(J) Daily 5 pH Hourly 6 to 7.5 unitslS) 7.8units161 Aluminum Annual LO Arsenic Annual 0.10 Beryllium Annual 0.10 Boron Annual 0.50 Cadm ium Annual 0.01 Chromium Annual 0.] Annual .' Cobalt 0.05 Copper Annual 0.2 Fluoride Annual 1.0 Iron Annual 5.0 Lead Annual 5.0 Lithium Annual 2.5 Manganese Annual 0.2 Molybdenium Annual 0.005 Nickel Annual 0.02 Selenium Annual 0.02 Vanadium Annual G.IO Zinc Annual 2.0 Bicarbonate (as CaC03) Annual 120 Calcium Annual (4) Magnesium Annual (4) Sodium Annual (4) Sodium Adsomtion Ratio Annual 6 units (I) QJ (3) (4) (5) (6) Maximum concentration expressed .in mgIL unless noted. Carbonaceous Biochemical O),:ygen Demand (CBOD). Total Suspended Solids (TSS). Infonnation used in calculation of Sodium Adsorption Ratio (SAR). Daily a\'era~e 2-Hour duration \\':..7~7~\EXHIBIl.D Exh ibit D January J 995 P&~ 1 or I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.5. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) [8J June 21, 2005 June 6, 2005 (Noon) D May 3,2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF [8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Authorize by resolution, the City Manager, Kurt Bressner, to apply for and execute agreements and documents associated with the Urban and Community Forestry grant on behalf ofthe City of Boynton Beach. EXPLANATION: In response to the 2004 hurricanes, Congress passed legislation on October 13,2004, to provide the US Forest Service with grant funds for these communities to mitigate the effect of recent hurricanes and other weather-related events, and to reduce potential damage from future storms. Under the program, applicants can receive 75% cost-share funds for urban tree management activities that have been initiated since October 13,2004, or will be carried out during the next two years. Activities that have been reimbursed from either FEMA or other state or federal sources are not eligible. A resolution authorizing the City Manager to apply for and execute agreements and documents associated with the Urban and Community Forestry Grant is an application requirement. The grant will be used to reimburse the City for costs associated with replacing trees that were severely damaged or destroyed by the 2004 hurricanes at Boynton Beach Memorial Park (cemetery). PROGRAM IMPACT: It is the City's responsibility to properly maintain the cemetery. The replacement of the old damaged trees will help with appearance as well as root growth and potential encroachment on gravesites. Palm trees will be planted along the driveway where the damaged trees are currently located. FISCAL IMPACT: The Urban and Community Forestry Gant provides up to 75 % of the eligible project costs. The cemetery reforestation is estimated at $89,954.84. The City is requesting $68,568.84 in grant funds. Matching funds for this project is $21,386.00, in the Capital Improvement Projects, Boynton Beach Memorial Park fund, account number 302-4299- 580-62-01. AL TERNA TIVES: The City could tire project $89,954.84. ~ Recreation and Parks Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 2 3 4 5' 6 I 7 ; 8f I, 9, 11) 1 12 I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION R05- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AGREEMENTS AND DOCUMENTS ASSOCIATED WITH THE URBAN AND COMMUNITY FORESTRY GRANT TO REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH REPLACING TREES AT BOYNTON MEMORIAL PARK WHICH WERE SEVERLY DAMAGED BY THE HURRICANE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in response to the 2004 hurricanes, Congress passed legislation to provide the US Forest Service with grant funds to mitigate the effect of the recent hurricanes <.lJld for urban tree management activities; and WHEREAS, the replacement of old damaged trees in the cemetery will help with appearance, as well as root growth and potential encroachment on gravesites; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to authorize the City Manager to apply for and execute agreements and documents associated with the Urban and Community Forestry Grants program. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, THAT: Section 1: The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida hereby authorizes the City Manager to apply for and execute agreements and documents associated S:\CA \RESO\Grants\Forestry Grant (Cemetery).doc 1 with the Urban and Community Forestry grant to reimburse the City for costs associated with 2 replacing trees that were severely damaged or destroyed by the 2004 hurricanes at Boynton 3 Beach Memorial Park, a copy of said Agreement attached hereto. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 3: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _ day of June, 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner (Corporate Seal) S:\CA\RESO\Grants\Forestry Grant (Cemetery).doc Submit Bids to: Florida Department of Agriculture and Consumer Services 407 South Calhoun Street - Mayo Building, Room SB-8 Tallahassee, FL 32399-0800 CHARLES H. BRONSON COMMISSIONER Telephone: (850) 487-3727 BIDS NO. RFP/DF-04/05-99 Page 1 of ~ Pages AGENCY MAILING DATE: May 4, 2005 WILL BE OPENED JUNE 30, 2005@2:00 P.M. and may not be withdrawn within 90 days after such date and time BID TITLE: NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT 8/112005 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM VENDOR NAME AUTHORIZED SIGNATURE (MANUAL) VENDOR MAILING ADDRESS CITY - STATE - ZIP AUTHORIZED SIGNATURE (TYPED) TITLE TELEPHONE: ( ) I certify that this Proposal is made without prior understanding, agreement, 0' connection with any corporation firm, 0' person submitting a proposal for the same materials, supplies 0' equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal fo, the Proposer and that the Proposer is in compliance with all requirements of the Request for Proposal including but not limited to, certification requirements. In submitting a Proposal to an agency for the State of Rorida, the Proposer offers and agrees that if the Proposal is accepted, the Proposer will convey, sell, assign or transfer to the State of Florida all rights, tiUe and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing 'elating to the particular commodities 0' services purchased or acquired by the State of Rorida. At the State's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Proposer. GENERAL INSTRUCTIONS TO RESPONDENTS 1. Definitions. The definitions found in s. 60A-1.001, FAC. shall apply to this agreement. The following additional terms are also defined: (a) "Buyer" means the entity that has released the solicitation. (b) "Procurement Office!" means the Buyer's contracting personnel, as identified in the Introductory Materials. (c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. (d) "Response" means the material submitted by the respondent in answering the solicitation. (e) "Timeline" means the list of critical dates and actions included in the Introductory Materials. 2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepa,e responses accordingly. *3. Electronic Submission of Responses. Respondents are requi,ed to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or othe, similar symbol or process) attached to or logically associated with the ,esponse created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: an electronic signature on the response, gene,ally, an electronic signature on any form or section specifically calling for a signature, and an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 4. Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: Technical Specifications, Special Conditions, Instructions to Respondents (PUR 1001), General Conditions (PUR 1000), and Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. *5. Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPIace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer 1 6. or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an inte,est of five percent (5%) or more in the respondent or its affiliates. Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction fo, a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: submitting a bid on a contract to provide any goods or services to a public entity; submitting a bid on a contract with a public entity fo, the construction or repair of a public building 0' public work; submitting bids on leases of real property to a public entity; being awa,ded or performing work as a contractor, supplier, subcontractor, or consultant under a cont,act with any public entity; and transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. Discriminatory Vendors. An entity 0' affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: submit a bid on a contract to provide any goods or services to a public entity; submit a bid on a contract with a public entity fo, the construction or repair of a pUblic building or public work; submit bids on leases of real property to a public entity; be awarded or perform work as a contractor, supplie" sub- contractor, or consultant under a contract with any public entity; 0' transact business with any public entity. Respondent's Representation and Authorization. In submitting a response, each respondent understands, represents, and acknowledges the following (if the ,espondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so). The respondent is not currently under suspension or debarment by the State 0' any othe, governmental authority. To the best of the knowledge of the person signing the ,esponse, the ,espondent, its affiliates, subsidiaries, directors, officers, and employees a,e not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted 0' found liable for any act p,ohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. To the best of the knowledge of the pe,son signing the response, the respondent has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. The prices and amounts have been arrived at independently and without consultation, communication, 0' ag,eement with any othe, respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent 0' potential ,espondent, and they will not be disclosed befo,e the solicitation opening. The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1 )(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state 0' federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosu,e of the names of current employees who were convicted of contract crimes while in the employ of another company. 7. 8. 9. Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, audito" or position involving the administration of federal funds: o Has within the preceding three years been convicted of 0' had a civil judgment rendered against them or is presently indicted for or othelWise criminally or civilly charged fo,: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of reco,ds, making false statements, or receiving stolen property; or o Has within a three-year period p,eceding this certification had one or more fede,al, state, or local government contracts terminated for cause or default. The product offe,ed by the respondent will conform to the specifications without exception. The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State. The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or othe, conduct inconsistent with any of the statements and representations made in the response. The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent's p,eparation of its bid. All information provided by, and rep,esentations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission ofthe bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 10. Perfonnance Qualifications. The Buyer reserves the right to investigate 0' inspect at any time whether the product, qualifications, or facilities offered by respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the ,espondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with. or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities a,e not satisfactory, or that performance is untimely, the Buyer may ,eject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after awa,d of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. 11. Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may. but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.07(3)(m), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procu,ement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impai,ed, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TOO). 12. Electronic PostIng of Notice of Intended Award. Based on the evaluation, on the date indicated on the Timeline the Buyer shaN 2 electronically post a notice of intended award at http://fcn.state.fl.uslowa_vbslowalvbs_ www.main_menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any pe,son who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buye, shall not provide tabulations or notices of award by telephone. 13. Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withd,awn. If award is not made within sixty (60) days, the response shall ,emain firm until either the Buyer awards the Contract or the Buye, receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 14. Clarifications/Revisions. Before award, the Buyer ,eserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. 15. Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, 0' omission if the Buyer determines that doing so will serve the State's best interests. The Buye, may 'eject any response not submitted in the manner specified by the solicitation documents. 16. Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable fo, any costs incurred by a respondent in preparing or producing its ,esponse or for any work performed befo,e the Contract is effective. 17. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best inte,est. **18. Public Records. Florida law generously defines what constitutes a public record; see, for example, section 119.07 ofthe Florida Statutes. If a respondent believes that its response contains information that should not be a public record, the respondent shall clearly seg,egate and mark that information (for example, placing the material in a separate elect,onic file, and including the word "Confidential" in the filename) and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. 19. Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications a,e written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section28-110.003, Fla. Admin. Code ,equire that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Section 120.57(3)(a), F.S. ,equires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under chapte, 120, Florida Statutes." Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security requi,ed by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes: DOES NOT APPL Y TO THIS AGENCY. PLEASE REFER TO SUBMISSION INSTRUCTIONS IN THE BID DOCUMENT. DOES NOT APPL Y TO THIS AGENCY. PLEASE REFER TO SPECIAL CONDITIONS IN THE BID DOCUMENT. (PUR 1001 .60A-1.002(7), FAC.) 1. GENERAL CONTRACT CONDITIONS 3. Product Version. Pu,chase orders shall be deemed to ,efe,ence a manufacturer's most recently ,elease model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following p,ovisions apply. (a) Quantity Discounts. Contractors are u,ged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shan document their files accordingly. (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then- authorized prices. Promotional prices shan be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. Definitions. The definitions contained in s. 60A-1.001, FAC. shall apply to this agreement. The following additional terms are also defined: 2. (a) .Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) .Customer" means the State agency or othe, entity that will order products directly from the Contractor under the Contract. (c) .Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) .Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written pu,chase order, electronic purchase order, procurement card, or other authorized means). Purchase Orders. A Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contracto" and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form. confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) the,eof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 4. 3 (d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fai, market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pu,suant to Chapte, 273, F.S. (e) Equitable Adiustment The Customer may, in its sole disc,etion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 6. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted comme,cial practice, without extra charge for packing materials, cases, or other Iypes of containers. All containe,s and packaging shall become and remain Custome,'s property. 7. Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any manufacturers' names, trade names, b,and names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Customer's prior app,oval, the Contractor may provide any product that meets 0' exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Customer shall determine in its sole discretion whether a product is acceptable as an equivalent. 8. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment 0' product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they a,e adequate and suitable for proper and effective Contract performance. 9. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natu,al, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established fo, the type of device offe,ed and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and fede,al requirements relating to clean air and water pollution. 10. Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 11. Literature. Upon request, the Cont,acto, shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 12. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contracto, suspension. 13. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the requi,ed locations at no additional charge, unless otherwise designated on the purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the fumishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees 0' agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding a,ea of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 14. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall ,emain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall ,emove it from the premises within ten days after notification 0' rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. *15. Transaction Fee. The State of Florida has instituted MyFloridaMarketPJace, a statewide eProcurement System ("System"). Pursuantto section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A- 1.032, FAC. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pu,suant to Rule 60A-1.031 (2), FAC. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any jtem(s) if such item(s) are returned to the Contractor through no fault, act, 0' omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 16. Invoicing and Payment. Invoices shall contain the Contract number, purchase order numbe" and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of pape,-based invoices 4 for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms - EDI 810, cXMl, 0' web-based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.05850fthe Florida Statutes, which govem time limits for payment of invoices. Invoices that must be retumed to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire aboutthe status of payments by State Agencies. The Custome, is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to othe, Customers. 17. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this pa,agraph shall be explicitly noted by the Customer on a pu,chase order 0' othe, special contract condition. 18. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Custome, in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alte,ation or to cancel the Contract at no further expense to the Customer. 19. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.The Contractor shall not, in connection with this or any other ag,eement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as conside,ation for any State officer or employee's decision, opinion, recommendation, vote, othe, exercise of disc,etion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of mo,e than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official. the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may indude, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contracto, shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.f1.us/barmlgenschedules/gensched.htm). The Contractor agrees to reimburse the State fo, the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall indude, but shall not be limited to: salaries of investigators, induding overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 20. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss 0' damages p,oximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attomeys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, howeve" that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products 0' a Customer's ope,ation 0' use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any p,oduct is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contracto, may at its sole expense procure for the Customer the right to continue using the product 0' to modify it to become non-infringing. If the Contractor is not reasonably able to modify 0' otherwise secure the Custome, the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations unde, the p,eceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or th,eatened action, (2) the opportunity to take ove, and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable fo, any cost, expense, or comp,omise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 21. Limitation of liability. For all claims against the Contractor under any individual purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a purchase o,der for direct damages shall be limited to the g,eater of $100,000, the dollar amount of the purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to anothe, for special, indirect, punitive, 0' consequential damages, including lost data or records (unless the purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional ope,ating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Cont,actor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 22. Suspension of Work. The Custome, may in its sole discretion suspend any or all activities under the Contract, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract. Suspension of work shall not entitle the Contractor to any additional compensation. 23. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not fumish any product afte, it ,eceives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 24. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 6OA-1.006(3), FAC., governs the procedure and consequences of default. The Contractor shall continue work on any 5 25. work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failu,e to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tie" and if the cause of the default is completely beyond the control of both the Cont,actor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failu,e to perform, unless the subcontracted p,oducts were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contracto, was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued fo, the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any othe, rights and remedies provided by law or under the Contract. Force Majeure, Notice of Delay, and No Damag~s for De.lay. .The Contracto, shall not be responsible for delay resulting from Its failure to perform if neither the fault nor the negligence of the Contra~tor or its employees or agents contributed to the delay and the delay IS due directly to acts of God, wars, acts of public enemies, strikes, fires, floods or other similar cause wholly beyond the Contractor's control, or for ~ny of the foregoing that affect subcontractors or supplie,s if no altemate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the C~ntractor shall notify the Customer in writing of the delay or potentral delay and describe the cause of the delay either (1 ) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could ,easonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict acco,dance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for di,ect,. indir~ct, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cau~e whatsoever. If performance is suspended 0' delayed, In whole 0' In part, due to any of the causes described in this pa,agraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Custome, determines, in its sole discretion, that the delay will significanUy impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. Scope Changes. The Customer may unilaterally requi,e, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the gene,al scope of the Contract. The Custome, may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Custome, may solicit separate bids to satisfy them. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and Signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information conceming the Contract without prior written approval from the Custome" including, but not 26. 27. 28. 29. limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contracto,'s name and either a description of the Contract or the name of the State or the Custom.er in any material published, either in print or electronically, to any entrty that is not a party to Contract, except potential or actual authorized distributors, dealers, ,esellers, 0' service representative. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties 0' obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prio, written consent of the Customer; provided, the Contracto, assigns to the State any and all claims it has with respect to the Contract under the antitrust laws of the United States and the State. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Custo~er expressly waiv~s such secondary liability. The Customer may assign the Contract WIth prior written notice to Contracto, of its intent to do so. Dispute Resolution. Any dispute conceming performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within ten (10) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute ,esolution; provided, however, thalthe parties may employ the altemative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or ,elates t~ the. Contract shal~ be the appropriate state court in Leon County, Florida; In any such action, Florida law shall apply. The parties waive any right to jury trial. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, 0' agents performing work under the Contract shall be property t,ained technicians who meet or exceed any specified training qualifications. Upon request, Contra~or s~1I furnish a copy of technical certification or other proof of qualificatIon. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent fumished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non- compliance with a Customer's security or other ,equirements. Such approval shall not relieve the Contractor of its obligation te:' perform all work in compliance with the Contract. The State may reject and bar from any facility fo, cause any of the Contractor's employees, subcontractors, or agents. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the State and Custome, in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited ~o, security procedures, business operations information, or commerCIal proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independenUy without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other 30. 31. 32. 33. 6 BID NUMBER: RFP/DF-04/05-99 than the State of Florida. 34. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide comme,cial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance cove,age is a material obligation of the Contracto,. Upon ,equest, the Contractor shall p,ovide certificate of insurance. The limits of cove,age under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 35. Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 36. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or th,eatened action, proceeding, or investigation, 0' any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal govemment. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 37. Notices. All notices required under the Contract shall be delivered by certified mail, retum receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 38. Leases and Installment Purchases. Prio, approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to ente, into or to extend any lease or installment- purchase ag,eement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 39. Prison Rehabilitative Industries and Diversified Enterprises. Inc. (PRIDE). Section 946.515(2), F.S. requires the following statement to be included in the solicitation: .It is exp,essly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. 40. Products Available from the Blind or Other Handicapped. Section 413.036(3), F .S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind 0' for the Severely OPENING DATE: JUNE 30, 2005@2:00 P.M. Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this cont,actthe person, firm, or othe, business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency a,e concemed." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 41. Modification of Terms. The Contract contains all the te,ms and conditions agreed upon by the parties, which terms and conditions shall govem all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written ag,eement of the Customer and the Contractor. No oral agreements or rep,esentations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid 0' binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, .shrink wrap. te,ms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order 0' fiscal forms 0' other documents forwa,ded by the Contractorfo, payment. The Customer's acceptance of product or processing of documentation on forms fumished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 42. Cooperative Purchasing. Pursuant to their own goveming laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the ag,eement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make pu,chases from this ag,eement a,e required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 43. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights unde, this Contract shall not constitute or be deemed a waive, of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or furthe, exe,cise thereof or the exercise of any other right. 44. Annual Appropriations. The State's perfo,mance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 45. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 46. Severability. If a court deems any provision of the Contract void or unenfo,ceable, that p,ovision shall be enforced only to the extent that it is not in violation of law 0' is not otherwise unenforceable and all other provisions shall remain in full fo,ce and effect. 47. Special Conditions. Pursuant to 60A-1.002(7), FAC., a Customer may attach additional contractual and technical terms and conditions. These .special conditions. shall take precedence over this form PUR 1000 unless the conflicting term in this form is statutorily required, in which case the term contained in the form shall take precedence. -THIS CONDITION DOES NOT APPL Y TO THIS AGENCY. (PUR 1000 - 6OA.1.002(7), FAC.) 7 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. CHECKLIST 1. The entire Request for Proposal (RFP) has been read. 2. The RFP Form 1001/1000 Instructions to Respondent's and General Contract Conditions (Pages 1-8) is completed and signed. 3. A complete address for the Proposer in the space provided (include street address or post office box, city, zip code and telephone number.) Please note: All future correspondence will be sent to the contact person listed on your proposal. 4. In all instances where a local government's jurisdiction is impacted by the grant project, a resolution (by the local government) indicating support for the project must be submitted with the Grant Proposal Packet (Attachment G). 5. For Site Specific Projects, a resolution from the responsible governing body must be submitted with the Grant Proposal Packet, indicating that they will execute a Maintenance Memorandum of Agreement with the Department of Agriculture. 6. Documentation of costs incurred and photographs before the completion of Site Specific Projects, as well as after completion for projects implemented since October 13, 2004. This documentation needs to be submitted as evidence that storm damage has occurred for site specific projects, where applicable. Documentation should also indicate what costs have already been reimbursed, and by what agency. 7. For site specific projects along roadways, please provide on page 2 of the Proposal form (Attachment D), both the U.S. Highway and S.R. (State Road) numbers separated by a slash (I), if both exist. If only one exists, please circle either "U.S." or "SR." to indicate which numbers you are giving. 8. In conformance with Section 481.329(7), Florida Statutes, "Persons who perform landscape architectural services not for compensation, or in their capacity as employees of municipal or county governments, shall not be required to be licensed...." This means that if the required design is completed by an unpaid volunteer or an employee of municipal or county government, a Florida registered architect does not have to sign and seal the drawings. 9. Conflict of Interest Statement (Attachment B) is completed and signed. 10. Urban and Community Forestry Proposal form (Attachment D) is completed and signed in blue ink. Detailed itemized budget summary (Attachment E) is completed. 11. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug Free Workplace Requirements (Attachment C) is completed and signed. 12. One (1) copy with original signature and five (5) copies of the proposal package have been submitted. 8 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. REQUEST FOR PROPOSAL 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM INSTRUCTIONS TO PROPOSERS Each Proposer must complete/provide the following to be considered: HOW TO SUBMIT A PROPOSAL Proposals must be submitted in a sealed envelope to the address listed on the Form 1001/1000 Instructions to Respondent's and General Contract Conditions by the time and date listed on the form. In addition to the address, the face of the envelope shall be marked with the date and time of the proposal opening and the proposal number. 1. Each proposal shall be submitted in separate sealed envelopes and must contain six (6) copies (one original and five copies) of the proposal including all attachments. a. These should be printed/copied on one side only and must not exceed forty (40) pages, including attachments. b. All attachments must be folded to a size not to exceed 8 1/2" X 11 ". c. All proposals must be complete and bound by binder clip or staple NO rubber bands, binders of any kind, folders or envelopes. d. All signatures on the "original" must be in blue ink. e. Multiple proposals must be submitted in separate envelopes and clearly identified as proposal #2, proposal #3, etc. Failure to comply with this requirement may result in non award of any proposal. 2. Form 1001/1000 General Instructions to Respondent's and General Contract Conditions Complete, date and obtain a signature from the individual who is legally authorized to approve submittal of the proposal. Failure to return a signed form will cause the proposal to be ruled ineligible. 3. Conflict of Interest Statement (Attachment B) must be completed and signed. 4. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug free Workplace Requirements (Attachment C) must be completed and signed. 5. Grant Proposal Form (Attachment D) Proposers must use this form. It must not be altered in format or content. This form must be completed in its entirety; the first two pages and the project description (two page maximum, minimum 12 font), and a detailed budget. The legally authorized representative for the Proposer must sign and date the form. Unsigned proposals will cause the proposal to be ruled ineligible. 6. Budget (Attachment E) Must be completed in detail. 9 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. TABLE OF CONTENTS Request for Proposal Form 1001/1000 Instructions to Respondent's and General Contract Conditions Special Terms, Conditions, Specifications Attachment A Notification of Vendor Ombudsman's Name and Telephone Number Attachment B Conflict of Interest Statement Attachment C Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug Free Workplace Requirements Attachment D Emergency Hurricane Supplemental U&CF Grant Proposal Form (includes Narrative Format/Evaluation Form) Attachment E Budget Attachment F Example Emergency Hurricane Supplemental U&CF Grant Proposal Attachment G Example Emergency Hurricane Supplemental U&CF Grant Resolution Attachment H Draft Emergency Hurricane Supplemental U&CF Grant Memorandum of Agreement (MOA) Attachment I Draft Emergency Hurricane Supplemental U&CF Grant Maintenance Memorandum of Agreement (MMOA) Attachment J Division of Forestry Local Contacts 10 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. REQUEST FOR PROPOSAL DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS INTRODUCTION During the months of August and September, 2004, Hurricanes Charley (August 13), Frances (September 3), Ivan (September 16), and Jeanne (September 26) caused widespread damage to the urban forest component of community infrastructures throughout the State of Florida. It is estimated that over 180 Florida communities were impacted by hurricane force winds, in some cases on three separate occasions. The loss of tree cover in these communities has created negative economic, ecological, and aesthetic consequences. These include decreased property value, loss of tourism, extensive cleanup and recovery costs, costs associated with increased storm water runoff, loss of energy conservation benefits, and degraded air and water quality. Damaged trees also pose safety hazards to citizens and structures. Improvements to surviving urban trees need to be made to improve their health and reduce damage from future storms. Local community leaders and the general public also need to learn more about how their urban trees benefit their community, from an economic, social, and environment standpoint. They also need to learn how to properly select, plant and care for trees to minimize resulting future storm damage. To address the situation, the USDA Forest Service requested emergency funding from Congress to help impacted communities replant and revitalize their urban forests. In response, Congress authorized funds for this grant program under the "Emergency Supplemental Appropriations for Hurricane Disaster Assistance" (HR4837, PL 108324). This legislation provides disaster assistance to "...mitigate the effect of recent hurricanes and other weather related events." PURPOSE The purpose of the 2005 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program is to provide financial assistance for tree planting, arboricultural practices and educational programs in urban areas throughout the State of Florida. Local governments, Native American Tribal Governments, volunteer groups, nonprofit organizations and educational institutions throughout the State of Florida are eligible to receive 75% cost share funds to implement the above mentioned activities. Practices may be implemented on county or municipally owned lands, including parks or natural areas, as well as highway and street rights of way not maintained by the Federal government. Private homeowners may also receive replacement trees through sponsoring government or non-profit entities. Approximately $13,500,000 in grant funds will be available for Florida communities. All Florida communities are eligible to receive funding, with the most heavily impacted communities receiving the highest priority. Approximately $500,000 will be allocated to educational programs. Approximately 60% of the remaining funds ($7.8 million) will be allocated to tree planting practices, and approximately 40% of the remaining funds (5.2 million) allocated for arboricultural, inventory, and assessment projects. More specifically, the FDACS, Division of Forestry is requesting proposals for grants to: · Conduct inventories of trees in public areas, and assess the condition of individual trees. 11 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. · Replant trees destroyed by the hurricanes of 2004, and plant appropriate new trees in areas where they would serve as wind butters in the event of future storms. . Provide appropriate replacement trees to homeowners who lost trees as a result of the hurricanes. . Replace exotic, over mature, and weak rooted trees with more wind resistant species. . Control exotic vegetation in public areas that has been spread as a result of the hurricanes of 2004. . Conduct corrective pruning, staking, fertilizing, and other cultural practices to remove safety hazards and improve the wind resistance and overall health of surviving trees. · Implement educational programs to improve the understanding of citizens and local officials of the benefits of maintaining a healthy canopy of trees in urban areas. These programs will also help citizens and officials to take measures in advance to minimize storm damage from trees and react decisively when storms occur. SCOPE The Forestry Title of the 1995 Farm Bill, passed by the 107th Congress, authorizes the US Forest Service to provide funding to states for grants to communities in support of their urban forestry programs. Florida Statutes (F.S.) 589.28 authorizes the Florida Department of Agriculture and Consumer Services (hereafter referred to as FDACS or Department) to cooperate with local governments to promote the planting and protection of trees to improve the beauty and livability of urban environments within the State of Florida. DEFINITIONS For the purpose of this Request for Proposal (RFP): 1. "Applicant" means a local government, a Native American Tribal Government, a legally organized nonprofit organization or an educational institution submitting a proposal for federal funds under this grant program. 2. "Appropriate Species or Tree Planting" refers to selecting tree species that are suited to the size, soil characteristics, climate, surrounding natural or man made obstacles, and any limitations of the planting site. Also, selecting species that have not been shown to be especially susceptible to either windthrow or breakage during storms. 3. "Center Manager" or "District Manager" means the Division of Forestry administrative official, or his/her designee responsible for all forestry activities within a multi county administrative unit, pursuant to Florida Statute 589.30. 4. "Chief Executive Officer" means the chief administrative employee of a local government, nonprofit organization or educational institution. 5. "Commissioner" means the Commissioner of Agriculture for the State of Florida. 6. "Department" or "FDACS" means the Florida Department of Agriculture and Consumer Services, an agency of the State of Florida. 7. "Hazard Mitigation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and growing site improvement to minimize a tree's risk to life and property. 12 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. 8. "Local Government" means a county, municipality, city, town, village, local public authority, school board district, independent special district of any type, regional government entity, or any agency of a local government. 9. "Nonprofit Organization" refers to an organization which has filed an application with the Secretary of State of Florida for nonprofit corporate status pursuant to Section 617, Florida Statutes, and has been issued a Federal Employer Identification Number by the Internal Revenue Service. This may include homeowners associations, where the nature of their application is consistent with the eligibility limitations of this grant program. 10. "Proposal" means an Urban and Community Forestry Grant Proposal Form and its required attachments and supporting documentation not to exceed a total of 40 one sided pages, including maps and plans. 11. "Remediation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and growing site improvement is to improve the long term health of trees. 12. "RFP" means Request for Proposal. 13. "Site Preparation" refers to mechanical and/or chemical treatments used to remove woody debris from a proposed planting site and make the site suitable for tree planting and growth. 14. "State Forester" means the Director of The Division of Forestry. 15. "Statewide Project" means a project that impacts the whole state or one that implements specific activities in more than one municipality of the state as determined by the Department. 16. "U&CF Grant Coordinator" means the Division of Forestry employee designated by the State Forester to coordinate implementation of the grant program. 17. "U&CF Subcommittee" means the subcommittee assigned by the State Forester to evaluate and rank the qualifying proposals. ELIGIBILITY REQUIREMENTS 1. Qualified applicants include legal nonprofit organizations, educational institutions, local government entities of all types and Native American Tribal Governments. Counties may apply on behalf of one or more unincorporated population centers within their jurisdiction. 2. All communities in Florida are eligible to apply for grants. 3. Projects that have been initiated since the Presidential declaration on October 13, 2004, are eligible for funding under this grant, provided that adequate financial documentation and verifiable evidence of successful completion exist. 4. Project expenditures for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. 5. FEMA or other Federal funds can not be used to match funding received under this grant. 6. Practices may be implemented on county or municipally owned lands, including parks or natural areas, as well as highway rights of way not maintained by the Federal government. Private homeowners may also receive replacement trees through sponsoring government or non-profit entities that can be planted in either residential yards or "common areas." 13 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. . $75,000: 7. Total grant requests for each proposal are subject to the following maximum limits: . $100,000: . $125,000: . $150,000: . $175,000: Communities of any size which received sustained tropical storm force winds from one or more storms. Also, educational projects submitted by any Florida entities. Communities with populations of less than 10,000, which received at least sustained Category 1 hurricane force winds from one storm. Communities with populations of less than 10,000, which received at least sustained Category 1 hurricane force winds from at least two storms, or one hurricane and at least one tropical storm. Also, communities with populations of between 10,000 and 35,000, which received sustained Category 1 hurricane force winds from one storm. Communities with populations of between 10,000 and 35,000, which received at least sustained Category 1 hurricane force winds from at least two storms, or at least one hurricane and at least one tropical storm. Also, communities with populations greater than 35,000, which received at least sustained Category 1 hurricane force winds from one storm. Communities with populations greater than 35,000, which received at least sustained Category 1 hurricane force winds from at least two storms, or one hurricane and at least one tropical storm. Also, communities with populations of between 10,000 and 35,000 which experienced maximum sustained winds meeting Category 3 criteria. The minimum grant award for educational projects is $2,000; $10,000 for other projects from government entities; and $5,000 from non-profit or educational groups. 8. Applicants may submit and receive funding for more than one application if sufficient funds are available. 9. Applicants may allocate up to 15% of the total grant to hire either temporary staff or a qualified private vendor to oversee the implementation of this grant. 10. Applicants may allocate up to 10% to train either staff or volunteers to either carry out or oversee the implementation of this grant. ELIGIBLE PRACTICES The following practices are eligible to receive funding under this grant program. Practices 1-6 may only be carried out on county or municipally owned lands, including parks or natural areas, as well as highway rights- of-way maintained by non federal entities. 1. Tree Inventory - Implementation of a tree inventory of a specified area to determine the degree of canopy loss from storms, identify areas needing reforestation or new tree plantings, and provide background information to develop a comprehensive urban forest recovery and management plan. Eligible expenses include the purchase of hardware, software and field data recorders, fees paid to vendors or temporary staff to conduct the inventory, and any other costs associated with data collection or processing. 2. Tree Assessment - Examination of individual trees to determine whether or not they need arboricultural treatments or total removal, as well as the urgency of completing these treatments for each tree. Eligible areas and costs are the same as above. Grant applications for the above two practices need to include the following information: a. A map of the area where the inventory or assessment will take place, including street locations. 14 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. b. A narrative that describes the need (related to the 2004 hurricanes) to conduct the inventory or assessment in the selected area, the percentage of trees within that area that will be included, the data that will be collected, how that data will be processed, and the desired results. The narrative should also state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and how the recipient will supervise the project while in progress. 3. Reforestation - This may include tree planting projects to achieve one of the following objectives: a. Replacement of trees that were severely damaged or destroyed during the storms. b. Replacement of either over mature trees, or exotic or wind susceptible species with more appropriate species for the climate and the site. c. New appropriate tree plantings in areas where the trees will serve as windbreaks and buffer the impacts of future hurricanes. 4. Tree Planting Requirements: a. Each project must include at least three tree species native to the area and suitable for the site and objective. b. Trees/palms (including those planted as part of the local match) must be Florida Grade #1 or equivalent (Florida Division of Plant Industry, Grades and Standards), unless otherwise authorized by the Division of Forestry. c. No multi stem trees may be planted under this program, with the exception of the following species: River Birch, Green Buttonwood, Silver Buttonwood, Yaupon Holly, Crape Myrtle, and Chickasaw or Flatwoods Plum. d. Trees listed on the Florida Exotic Pest Plant Council's MOST RECENT list of Florida's Most Invasive Species, on the internet at (www.f1eppc.org ), may not be planted as any part of this grant program. e. Applicants should consult with various sources to avoid selecting tree species that have proven to be especially susceptible to wind damage, either from wind throw at the ground level or from stem breakage. Research is currently in progress to develop a standard species list for hurricane prone areas. f. Minimum tree size is 1 and 1/2 inch caliper, in a 15 gallon container. Maximum tree size is a 4 inch caliper. Palms may not be taller than 16 feet, clear trunk. g. Maximum allowable cost per tree or palm is $350.00 for purchase and planting. This applies to both the cost-shared and the matched portion of the project. h. The grant application may include up to $500.00 per planting site for site preparation costs directly related to the tree planting. This may include removal of damaged, exotic, or otherwise hazardous trees that have occupied the site. Site preparation costs which have already been reimbursed from another source are not eligible; however, these costs may be applied to the grant match if the reimbursement originated from a non federal source. 15 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. i. Purchase and planting of shrubs and ground covers in conjunction with the tree planting may only serve as a matching cost, and as such cannot be reimbursed. j. Up to ten percent (10%) of the grant award may be used for each of the following purposes: 1. The purchase and/or installation of irrigation equipment or an irrigation system. The remaining cost may be applied toward the match requirement. 2. Rental of equipment for site preparation or tree planting. 3. Labor costs. k. A maximum of $12.00 per tree may be spent on planting materials, and/or supplemental watering during the 60 day grow in period only. I. Proposals must include the following information: 1. A location map. 2. A minimum of three color photographs of the planting site. 3. A detailed planting plan (site plan) which shows the location of the trees/palms, existing structures, and site limitations such as underground utilities and overhead wires. 4. Written approval from the Florida Department of Transportation for planting and maintenance on the State right of way. 5. A three (3) year maintenance plan to be carried out by the grant recipient at their expense. Maintenance costs incurred after certification by the Division of Forestry are ineligible for reimbursement. A Grant Maintenance Memorandum of Agreement, separate from the MOA for the project, must be signed by the grant recipient if awarded a grant. 6. A resolution by the managing agency of the property (if different from the applicant) which states that they concur with the grant proposal and maintenance plan. m. A 60 day "grow in period" is required prior to Certification of Acceptance by the Department and the processing of a final reimbursement. The proposal should state how the trees will be watered and cared for during the grow in period. n. Tree Plantings must follow established procedures for handling, placement, and maintenance. Refer to Exhibit C at the end of this grant packet, or http://hort.ifas.ufl.edu/woody for additional guidance. 5. Exotic Vegetation Control in Community Parks and Natural Areas This would apply to plant species listed on the Exotic Pest Plant Council's MOST RECENT list of Florida's Most Invasive Species (Category I and II), on the internet at (www.fleppc.org ). Infestations of these species that have resulted from the 2004 hurricanes, or have been exacerbated by the hurricanes, are eligible for treatment under this program. Funding is available to cost share up to two treatments of an infested area. Grant applications for this practice need to include the following information: a. A narrative that describes the species, location, origin and extent (acres, density, etc) of the problem, and the proposed treatment regimen, including timing. The latter should be consistent with standard recommendations for treating the species, as listed in publications produced by the 16 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30,2005@2:00 P.M. University of Florida (IFAS), Florida Department of Environmental Protection, or USDA Forest Service. Before approval, the treatment will be subject to review. The narrative should also state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and how the recipient will supervise the project while in progress. b. A map of the infested area, with sufficient detail to locate the treatment site. GPS coordinates, if available, should be included. c. At least three photographs of the infested area which indicates the extent of the infestation. 6. Arboricultural Practices for Mitigation and Remediation of Surviving Trees The purpose of this practice is to repair damage to trees caused by the 2004 hurricanes, eliminate immediate safety hazards from trees resulting from hurricane damage, correct improper pruning that was performed immediately after a storm, improve the tree's wind resistance and overall health. Eligible activities would include remedial pruning, righting and re staking, fertilization treatments, cabling and bracing, or other related treatments. Grant applications for this practice need to include the following information: a. A map of the area, showing the location of the trees to be treated. A street address, as well as GPS coordinates if available, should be included. b. A narrative that describes the extent of the problem, and the proposed treatment regimen, including timing. The latter should be consistent with standard practices as described in the American National Standards Institute (ANSI) ANSI A 300 Tree Care Standards manuals. Another source of technical information is the website http://hort.ifas.ufl.edu/woody. The narrative should also state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and how the recipient will supervise the project while in progress. It is preferable that an ISA certified arborist or a graduate forester from an accredited four year forestry program be involved in planning and implementing the practice. 7. Providing Trees to Homeowners Government entities or non-profit groups may receive grants to provide trees to private homeowners who lost trees during at least one of the hurricanes of 2004. Trees can be planted in residential yards, neighborhood common areas (including those not publicly owned), or road rights of way (including those not publicly maintained). This could be accomplished by either a tree "giveaway" program, or a voucher program set up with local vendors. The project description submitted with the application needs to include the following details: a. A list of tree species that will be provided. At least three species, more if possible, need to be included. All species need to be suitable for the local climate and site conditions. None can be listed as invasive exotics, as described under the Reforestation section. Species suited for different sized planting areas (small, medium, large) also need to be represented. b. The size of the trees to be provided. Individual trees need to be either potted or "ball and burlap," and between three and fifteen gallons in size, unless the sponsoring agency can make equipment available to move and plant larger trees. c. The delivery and distribution system that the applicant will use. This includes the personnel and equipment involved, and who will furnish them. Trees need to be transported from the vendor to the eventual recipient in a timely manner, and properly cared for during the handling period. 17 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @2:00 P.M. d. The publicity strategy that will be used to make potential recipients aware of the program. This could include printed literature, PSA's, media contacts, advertisements, etc. e. Literature that will be provided to homeowners to explain site location, preparation, species selection, handling, planting techniques, and post planting care, in order to ensure good survival and growth. Funding through this grant program can be used to either purchase, develop or reproduce this literature. Applicants can achieve the grant match for this activity through in house labor, materials and equipment, volunteer hours, donated materials or cash from a sponsor, or from discounts on the purchase of trees that can be negotiated through the vendor. 8. Information and Education This category is provided to make individual residents, community officials, and private vendors more aware of urban forestry management practices that will reduce damage to trees from hurricanes and tropical storms. Also, materials can address what steps to take immediately before and after a storm, how to proceed with storm cleanup, and available sources of assistance. Emphasis needs to be placed on the value of the urban forest to their local communities, and that the benefits of trees outweigh the potential of tree damage resulting from storms. Local governments, nonprofit organizations, and educational institutions are eligible to purchase or produce information and education materials (leaflets, newsletters, handbooks, videos, etc) for distribution to the general public, or to cost share seminars and workshops related to Urban and Community Forestry topics. The emphasis here is on providing information to the general public, volunteer groups, technicians, tree workers, etc. (i.e., Urban and Community Forestry technology transfer). A resolution or letter signed by the chief executive officer of the applicant is required which states that they concur with the proposal packet and will sign a Grant Memorandum of Agreement if awarded a Grant (this resolution or letter must be submitted as part of the proposal packet). Personnel costs are not eligible for grant funding in this category, but can be used as part of the match. Eligible Activities: a. Educational programs for the exhibition, purchase or development of materials for the benefit of public education as described above. b. WorkshopslTraining Sessions/Conferences/Seminars for the support and organization of public programs which achieve the goals of this grant. Costs may cover mailing, speaker's travel expenses, audio/visual equipment rental and related expenses. c. Youth programs for the development and production of programs which will involve/benefit young people, K through college level. d. Public service materials (PSA development) for the development of or purchase of public service programs, videos, or slide shows which educate the public. These may include expenditures for film, paper, production costs, equipment rental or other accessories (excluding the purchase of camera or other video equipment). e. Brochures for the purchase of existing technical brochures or the design, development, production or mailing of an educational or informational brochure consistent with the goals of this grant program. Applicants are encouraged to utilize existing brochures on the selected topics, if they exist, and apply for funding for the purchase and distribution of brochures. 18 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @2:00 P.M. f. Exhibits for the purchase of or design, development and construction of an educational/informational exhibit which promotes the goals of this grant program. All products (brochures, signs, videos, reports, etc.) funded by the U&CF grant must display the following statement: "Funding for this project provided by the USDA Forest Service through the Florida Division of Forestry's Urban and Community Forestry Grant Program." SELECTION CRITERIA The U&CF Grant Coordinator shall review and determine the completeness of each proposal. The following criteria must be met before the grant proposal may be determined to be complete: 1. The proposal must contain all the requested information and be legible and understandable. 2. A resolution or letter approving the proposal and authorizing the Chief Executive Officer of the applicant to execute agreements and documents associated with the grant request must be submitted as part of the proposal. 3. A budget detailing all costs of the project must be submitted with the proposal. 4. For site specific projects which have already been completed, documentation of costs incurred and photographs before (if possible) and after the completion of the project must be included. 5. This documentation also needs to be submitted as evidence that storm damage has occurred for site specific projects that have not yet been implemented, to the extent that it is available. Documentation should also indicate what costs have already been reimbursed, and from what source. 6. Signing and sealing of tree planting plans (site plans) submitted for consideration under this grant program shall be in accordance with Section 481.329(7), Florida Statutes (Landscape Architecture). 7. Late proposals, email transmissions, and fax transmissions will not be accepted or considered. Unsigned proposals will be ruled ineligible. PROPOSAL EVALUATION CRITERIA Once the submitted proposals have been reviewed and determined to be complete, they will be ranked according to the following criteria: 1. The severity of the storm(s) that impacted the counties in which these communities are located, and the number of hurricanes and/or tropical storms that impacted the county in which the community is located. They will be graded according to the categories in the Saffir Simpson Hurricane Scale, based on data supplied by the National Hurricane Center. Applications will receive the following number of points for . each of the four storm impacts (counties that did not receive hurricane force winds will receive no more than 40 points): . Category 3 and above Hurricane: . Category 2 Hurricane: . Category 1 Hurricane: . Tropical Storm: 100 points 75 points 50 points 20 points This information will be posted on the Division of Forestry website: www.f1dof.com. 19 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. 2. Within each county, applications will be ranked according to the quality of the proposals submitted, according to the following criteria: a. Demonstrated Need - Highest score will be given to proposals that describe and document the extent of impact to the community's urban tree resources, and the need for cost share dollars. Proposal includes maps, photos, and cost documentation of impacted areas to be treated. 20 points b. Well Defined Goals and Objectives - Highest score will be given to proposals that clearly state goals and explain how the applicant will ensure that the practice will be maintained to provide long term benefits to the community. 15 points c. Technical Correctness - Highest score will be given to proposals where the documentation indicates that a competent professional (either an ISA certified arborist or graduate forester from an accredited four year Bachelor of Science in Forestry program) will oversee the implementation of the practice, and that the practice will be carried out in a technically correct manner according to the practice specifications. 20 points d. Cost Effectiveness - Highest score will be given to proposals that clearly demonstrate greatest results with the efficient use of grant dollars, clearly describe how funds will be expended, adhere to the cost parameters listed in this RFP, and contain documentation to support costs. Also, higher scores will be given to applications where a partnering entity has provided either funding, materials, or logistical support. 15 points e. Completeness of Proposal - Highest score will be given to proposals containing all of the required attachments and providing a detailed explanation of the proposal. 10 points f. Tree City USA Certification - Indicates a community's commitment to sustaining their urban forestry program. Current member as of 2003. 10 points g. Tree City USA Growth Award Recipient - Community demonstrates a sustained commitment to its urban forestry program. Current member as of 2003. 10 points In order to be considered acceptable, an application must achieve a quality score of at least 50 points out of a possible 100 points, according to the above criteria. A committee of public and private sector urban forestry professionals will evaluate these components of each proposal. 3. If all other factors are equal, the following criteria will be applied: · Applications from smaller communities will receive priority over those from larger communities. · Applications for practices which will be implemented in areas where the general public has access to the treatment site, such as public rights of way, streets, and parks will receive priority over those to be implemented in areas where access will be restricted. · Approvals will be distributed equitably over the counties in the state which received sustained hurricane force winds, in proportion to the number of applications received. Those receiving lesser wind impacts will receive a lower priority for funding. REJECTION OF PROPOSALS The Department reserves the right to recommend partial funding of proposals, the right to reject any or all proposals or waive minor irregularities when to do so would be in the best interest of the State of Florida, and 20 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. to reject the proposal of a Proposer whom the Department determines is not in a position to perform the Contract. Minor irregularities are those which will not have a significant or adverse effect on overall competition, cost or performance. POSTING AND RECOMMENDED AWARDS Tabulations with recommended award(s) will be posted on or about the date indicated on herein for review by interested parties on the Florida Bid System at http://www.myfJorida.com.c1ickonBusiness.Doing Business with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements, tabulation will remain posted for a period of seventy two (72) hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the protest. Proposals that do not receive an award during the current grant cycle will be notified in writing with an explanation of why they received a lower score. At the same time, suggestions will be provided for ways they can improve their chances of being awarded an Urban and Community Forestry Grant in the future. Note: All approved applicants will be required to attend a regional workshop in their immediate vicinity before their completed MOA is accepted, to ensure that all involved parties are in agreement regarding program details. Proposals that do not receive an award during the current grant cycle will be notified in writing with an explanation of why they received a lower score. LATE PROPOSALS Proposals received by the Department after the proposal opening time and date will be rejected as untimely and will not be opened. A late proposal notice will be sent to the Proposer after the posting of Award Notice with instructions for its return. Unclaimed late proposals will be destroyed after 45 days. Offers from vendors listed on the Department's posted Award Notice are the only offers received timely in accordance with the Department's proposal opening time and date. COST OF PREPARATION The Department is not liable for any costs incurred by a Proposer in response to this Request for Proposals including an optional oral presentation. URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT (AND MAINTENANCE MEMORANDUM OF AGREEMENT, if applicable) Before funding is awarded to an approved applicant, a Grant Memorandum of Agreement has been fully executed between the Department and the Applicant. 1. The Grant Memorandum of Agreement shall detail the responsibilities of the applicant, a schedule and the terms of payment for the project (Attachment H). 2. The Three Year Maintenance Memorandum of Agreement (if applicable) shall detail the responsibilities for maintenance of any areas where site specific projects are funded under this grant (Attachment I). EXECUTION OF AGREEMENTS AND DOCUMENTS Upon notification of a Grant Award, the following shall take place: 21 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. 1. It will be the responsibility of the applicant to insure that the Grant Memorandum of Agreement is fully executed within a period of sixty (60) days upon receipt. Failure to comply with this schedule may result in the grant offer being withdrawn. 2. Although it is the intent of the Department to expedite the grant award process as much as possible, applicants should be aware that they may not receive a fully executed grant Memorandum of Agreement before August 24, 2005, and should schedule their projects accordingly. 3. The Grant Memorandum of Agreement prepared between the Department and the Applicant shall stipulate: a. What is to be accomplished under the grant. b. The schedule and payment terms. c. The schedule and content of progress reports. d. Any penalties or actions that the Department will take in the event of noncompliance. e. The methods to be used by the Department to determine compliance with the terms of the grant agreement. f. Maintenance responsibilities for trees planted as part of the grant program. REVIEW OF PROJECTS IN PROGRESS AND UPON COMPLETION The Department shall ensure that the terms of the agreements executed under these guidelines are enforced. An interim report showing the status of the project is due December 31, 2005, and thereafter on a quarterly basis until the project is completed. The U&CF Grant Coordinator or his designee shall review the projects prior to final acceptance by the Department. All projects must be completed by September 30,2007. All reimbursement claims must be submitted by November 15, 2007. FUNDING SOURCE Grant awards are 100% funded by the federal government through the U.S. Forest Service. These funds are nationally authorized by "Emergency Supplemental Appropriations for Hurricane Disaster Assistance" (HR4837, PL 108324), under the auspices of the 1995 Farm Bill. The Florida Division of Forestry has allocated $13,500,000 of the funds received from the U.S. Forest Service to this grant program. Should additional funding become available, it will be added to this amount. State funds will be allocated on a priority basis to areas impacted most heavily by the 2004 hurricanes. FDACS reserves the right to allocate surplus funds so as to fully utilize federal funding. The State of Florida's performance and obligation to pay under this grant program is contingent upon funding by the U.S. Forest Service. A 75/25 match is required (75% grant/25% applicant). The local match must be in non federal dollars or contributions of materials and/or services. In kind services provided by Division of Forestry employees may not be used to contribute to the match by the grant recipient. 22 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ALLOWABLE COSTS The following Office of Management and Budget Circulars should be used as a reference for allowable costs for federally funded programs: A21 A87 A 122 Educational Institutions State and Local Governments Non-profit Organizations These circulars are available on line at http://whitehouse.gov/omb/circulars/index.htmlor you can request a copy from the U&CF Grant Coordinator. Purchases by the grant recipient of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written records of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. No overhead costs will be paid by grant funds. Overhead costs, up to 5% of the total project cost (match plus award), can be used as part of the local match. The maximum allowable assessment for in kind match for general labor (non professional) is $15.00 per hour. METHOD OF REIMBURSEMENT Pursuant to Florida Statutes Section 216.181 paragraph 14(b), advance payment may be made upon written request. Upon receipt by the Division of Forestry of a reimbursement summary sheet with all required attachments, including invoices and/or receipts, and canceled checks, payrolls, log sheets, etc., FDACS will submit the claim for payment. The final payment shall not be made until the Certification of Acceptance is received from the U&CF Grant Coordinator. Upon receipt in the Tallahassee State Office of the reimbursement summary sheet and copies of invoices and checks paid, the Department will place the claim in line for payment. Payment shall be made in accordance with Section 215.422, Florida Statutes, which states the contractor's rights and the state agency's responsibility concerning interest penalties and time limits for payment of invoices (see Attachment A). The Federal Employer Identification Number (FEIN) will be the primary factor used to identify applicants. FDACS cannot process a request for reimbursement without the FEIN. SPECIAL PROVISIONS GRANT AGREEMENT AND CONDITIONS Terms and conditions within the Grant Agreements (Attachments H and I) and associated attachments shall apply. FDACS will have the right to access any books, documents, papers, and records of the grant recipients which are directly pertinent to the Grant Agreement, for the purpose of making audit examinations, excerpts and transcriptions. Quarterly progress reports and a final project report will be required of all selected grant recipients. Additional progress reports may be required if grants are extended past the initial deadline. Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of the grant agreement. A final project report is required as a prerequisite to final payment. 23 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30,2005 @2:00 P.M. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Categories 1 5 for a period of 36 months from the date of being placed on the convicted vendor list. DISCRIMINATION An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact any business with any public entity. EMPLOYMENT OF UNAUTHORIZED ALIENS Pursuant to Executive Order 96 236, effective October 1,1996, the following standard provision shall apply to any contract awarded as a result of this Request for Proposal: The Department shall consider the employment by any Contractor of unauthorized aliens a violation of section 274(a) of the immigration and Naturalization Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be caused for unilateral cancellation of this contract. AUDITS The Contractor shall maintain books, records and documents directly pertinent to the performance under this contract in accordance with generally accepted accounting principles consistently applied. FDACS, the State or their authorized representatives shall have access to such records for audit purposes during the term of the contract and for three years following the contract termination date or date of final payment, which ever is later. If an audit, litigation or other action involving the records is started before the end of the three year period, the records must be retained until all issues arising out of the action are resolved, or until the end of the three year period, whichever is later. In accordance with Federal laws and regulations, the Contractor agrees to comply with audit requirements, as applicable, of the Office of Management and Budget (OMB) Circular A 133. Any contract resulting from a proposal developed for any division where federal funds are distributed, shall be in compliance with this circular. The latest version of the referenced circular is available for review by Proposers at the Department's Purchasing Office. USE OF FUNDS FOR LOBBYING PROHIBITED The Contractor agrees to comply with the provisions of Section 216.347, Florida Statutes, which prohibits the expenditure of contract funds for the purpose of lobbying the Legislature or a state agency. The contractor also agrees to comply with Federal guidelines governing Lobbying as outlined in Attachment C. DEBARMENT. SUSPENSION. INELIGIBILITY. AND VOLUNTARY EXCLUSION Any person submitting a bid or proposal in response to this request for proposal must execute the enclosed form CERTIFICATION REGARDING LOBBYING; DEBARMENT; SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG FREE WORKPLACE REQUIREMENTS, and enclose it with 24 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. his/her bid or proposal (see Attachment C). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. Award will not be made by the Department until the certification is signed by the Proposer and submitted to the Department. CERTIFICATION OF NO CONFLICT OF INTEREST Any person submitting a bid or proposal in response to this Request for Proposal must execute the enclosed Conflict of Interest Statement (see Attachment B) and enclose it with his/her bid or proposal. Award will not be made by the Department until the certification is signed by the Proposer and submitted to the Department. NON DISCRIMINATION STATEMENT In accordance with Federal law and U.S. Department of Agriculture (USDA) policy, this Contractor is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326 W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250 9410 or call (202)720 5964 (voice and TDD). USDA is an equal opportunity provider and employer. INTERPRETATIONS/DISPUTES Any questions concerning conditions and specifications shall be directed in writing to the Purchasing Office for receipt no later than 10 days prior to the bid opening. No interpretation shall be considered binding unless provided in writing by the Department's Purchasing Director in response to requests in full compliance with this provision. Any person who is adversely affected by the agency's decision or intended decision shall file with the agency a Notice of Protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provision governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights or further negotiation, or modifying or amending any contract, the Notice of Protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall state with particularity the facts and law upon which the protest is filed. QUESTIONS Questions concerning the technical aspects of the proposal or the Applicants' Workshops should be directed to the nearest FDACS, Division of Forestry office (see Attachment J, List of Division of Forestry District/Center Contacts), or to: Urban Forestry Program Coordinator Division of Forestry Florida Department of Agriculture and Consumer Services 3125 Conner Boulevard, Suite R 3 Tallahassee, FL 323991650 Telephone (850) 921 0300 2S BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Questions regarding procedures for submittal of proposals should be submitted to: Christie Hutchinson, Purchasing Director Division of Administration Department of Agriculture and Consumer Services Mayo Building, Room SB 8 Tallahassee, FL 32399 0800 (850) 487-3727 No negotiations, decisions, or actions shall be initiated or executed by the applicant as a result of any discussions with any FDACS employee. Only those communications which are in writing from the Department's Purchasing Office may be considered as a duly authorized expression on behalf of the Department. Only communications from the applicant which are signed and in writing will be recognized by the FDACS as duly authorized expressions on behalf of the applicant. SCHEDULE OF EVENTS May 4, 2005 Notification of Availability of Request for Proposal mailed to all potential applicants. June 30, 2005 Sealed proposals in response to RFP must be received by FDACS Purchasing office. July, 2005 Evaluation of proposals. August 1 , 2005 Posting of Award on the Florida Bid System at http://myflorida.com.Click on Business, Doing Business with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements. Tabulation will remain posted for a period of seventy two (72) hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the protest. August 10, 2005 August 2005 Expected grant agreement (contract) execution and authorization to begin. Workshops for Approved Grant Applicants Locations, dates and times to be posted on www.f1dof.com December 31,2005 First quarterly Interim report due. July 1, 2007 Deadline for submitting request for no cost time extension. September 30,2007 Contract ending date. November 15, 2007 Deadline for final reimbursement claims. 26 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ATTACHMENT A STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES NOTIFICATION OF VENDOR OMBUDSMAN'S NAME AND TELEPHONE NUMBER Vendors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and service, unless the proposal specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty of .03333 percent per day will be due and payable, in addition to the invoice amount, to the vendor. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment. Invoices which have to be returned to a vendor because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850)488-2924 or by calling the Chief Financial Officer's Hotline, 1-800-848-3892. 27 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. A IT ACHMENT B STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES CONFLICT OF INTEREST STATEMENT I, , as authorized representative of certify that no member of this firm nor any person having interest in this firm has been awarded a contract by the Department of Agriculture and Consumer Services on a non-competitive basis to: (1) develop this Invitation to Bid (ITB) or Request for Proposal (RFP); (2) perform a feasibility study concerning the scope of work contained in this ITB/RFP; (3) develop a program similar to what is contained in this ITB/RFP. Authorized Representative Date Proposal Number 28 BID NUMBER: RFP/DF-04/05-99 ATTACHMENT C OPENING DATE: JUNE 30, 2005 @2:00 P.M. CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to detemine the certification to which they are required to attest. Applicants should also review the instructions for certification indueled in the regulations before OOI'Jl'lIeling this form Signature of this form provides for OOI'Jl'lIiance with certification requirements under 34 CFR Part 82. .New Restrictions 011 Lobbying: and 34 CFR Part 85. .Government-wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants).' The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education detemines to award the covered transaction. grant. or oooperative agreement. 1. LOBBYING As required by Section 1352. Tille 31 of the U.S. Code. and ifllJlemented at 34 CFR Part 82. for persons entering into a grant or oooperative agreement over $100,000. as defined at 34 CFR Part 82, Sections 82.105 and 82.110, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid. by or 011 behalf of the undersigned. to any person for influencing or attefl'lJling 10 innuence an officer or errlJloyee of any agency. a Member of Congress. an officer or errlJloyee of Congress, or an errlJloyee of a Mermer of Congress in ronnection with the making of any Federal grant. the entering into of any oooperative agreement. and the extension, oonlinu- ation. renewal. amendment, or rrodification of any Federal grant or oooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attefl1Jling to influence an officer or ef11)loyee of any agency, a Mermer of Congress, an officer or ef11)loyee of Congress, or an ef11)loyee of a Mermer of Congress in oonnection with \his Federal grant or oooperative agreement. the undersigned shall OOI'Jl'lIete and sOOrril Standard Form - LLl. "Disclosure Form 10 Report Lobbying: in acrordance with its instructions; (c) The undersigned shall require that the language of this certification be indueled in the award documents for all subawards at allliers (indueling subgrants. rontracts under grants and oooperative agreements. and subrontracts) and that all subrecipients shall certify and disclose acrordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549. Debarment and Suspension. and ifllJlemented at 34 CFR Part 85, for prospec- tive participants in primary covered transactions. as defined at 34 CFR Part 85. Sections 85.105 and 85.110- A. The applicant certifies that it and its principals: (a) Are not presenlly debarred. suspended, proposed for debarment. dedared ineligible, or voluntarily exduded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this applica- tion been ronvicted of or had a civil judgement rendered against them for rorrnission of trauel or a airrinal offense in ronnection with obtaining. attefl'lJling 10 obtain. or perforrring a pub~c (Federal, State, or local) transaction or rontract under a public transaction: viofation of Federal or SIaIe anlilrust statutes or rorrnission of ermezzlement, theft. forglllY. bribery, falsification or destruction of rerords. making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise airrinally or civilly charged by a governmental enlily (Federal. State. or local) with rorrnission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had OI1e or rmre public transaction (Federal, Slate. or local) teminated for cause or default; and B. Where the applicant is unable to certify to any of the state- ments in this certification. he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Ad 011988. and ifllJlemented at 34 CFR Part 85, Subpart F, for grantees. as defined at 34 CFR Part 85. Sections 85.605 and 85.610 - A. The applicant certifies that I will or will oonfjnue to provide a drug-tree workplace by: (a) Publishing a statement notifying errlJloyees that the unlawful manufadure, distribution, dispensing. possession. or use of a oontrolled substance is prohibited in the grantee's workplace and specifying the aclions that will be taken against errlJloyees for violation of such prohibition; (b) Establishing an on-going drug-tree awareness program to inform ef11)loyees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-tree workplace; (3) Any available drug oounseling. rehabilitation. and ef11)loyee assistance programs; and (4) The penalties that may be ilJlXlSed upon eflllloyees for drug abuse viofations ocwrring in the workplace; (c) Making it a requirement that each ef11)loyee to be engaged in the performance of the grant be given a ropy of the statement required by paragraph (a); (d) Notifying the errlJloyee in the statement required by para- graph (a) that. as a rondition of elJllloYment under the grant. the errlJloyee will: (1) Abide by the terms of \he statement; and (2) Nolify \he ef11)loyer in writing of his or her oonviclion for a viofation of a airrinal drug statute ocwrring in the workplace no later than five calendar days after such ronviction; 29 BID NUMBER: RFP/DF-04/05-99 (e) Notifying the agency. in writing. within 10 calendar days after receiving notice under subparagraph (d)(2) from an e"lJlOYee or otherwise receiving actual notice of such convicton. E"lJIOYers of convicted e"lJlOYees nust provide notice. induding position title. to: Director. Grants Policy and Oversight Staff, U.S. Depart- mentof Education. 400 Maryland Avenue. SW. (Room3652. GSA Regional Office Building No.3), Washinglon. DC 20202- 4248. Notice shall inctude the identilication nurrtJer(s) of each affected grant; (I) Tailing one of the following adions. within 30 calendar days of receiving notice under subparagraph (d)(2). with respect to any e"lJlOYee who is so convicted: (1) T ailing appropriate personnel adion against such an em- ployee. up to and induding terrrination. consistent with the requirements of the Rehabilitation Act of 1973. as amended; or (2) Requiring such e"lJlOYee to participate satisfactorily in a drug abuse assistance or rehabilitation program apprU\led for such purposes by a Federat, state. or local health. law enforcement. or other appropriate agency; (g) Mailing a good faith effort to continue to maintain a drtJ!ttree workplace through irJlllementation of paragraphs (a). (b). (c). (d). (e). and (I) B. The grantee may insert in the space provided below the site(s) for the performance of work done in connedion with the specific grant: Place of Performance (street address. city. rounty. state, zip rode) Check [ ] ilthere are workplaces on file that are not identified here. OPENING DATE: JUNE 30, 2005@2:00 P.M. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988. and irJlllemented at 34 CFR Part 85. Subpart F. for grantees, as defined at 34 CFR Part 85. Sections 85.605 and 85.610- A. As a condition of the grant. I certify that I will not engage in the unlawful manufacture. distribution. dispensing. possesson. or use of a controfled substance in conducting any activity with the grant; and B. II convicted of a crirrinal drug offense resulting from a violation cx:curring during the conduct of any grant activity. I will reporlthe convidion. in writing. within 10 calendar days of the convidion. to: Director. Grants Policy and Oversight staff. Department of Education. 400 Maryland Avenue. SW. (Room 3652. GSA Regional Office Building No.3). Washington. DC 20202-4248. Notice shall include the identification nurrtJer(s) of each affected grant. As the duly authorized representative of the applicant. I hereby certify that the applicant will lJOI1'llIy with the above certifications. NAME OF APPLlCA/IfT PRlAWARD NUMBER AND I OR PROJECT NAME PRINTED NAME AND TfTLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE ED 80-0013 12/98 30 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ATTACHMENT D 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 81/2" X 11", except any attached sketches, plans and maps which must be no larger than 2' X 3' and folded into 81/2" X 11". Six (6) copies (one copy with original signatures and (5) five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than 2:00 p.m., June 30, 2005 at: Department of Agriculture and Consumer Services Purchasing Office - U&CF - 2005 HURRICANE SUPPLEMENTAL PROPOSAL Mayo Building - Room SB-8 Tallahassee, FL 32399-0800 Telephone (850) 488-7552 If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Proposer Name: Name and Title of Contact Person: Address: Zip: Phone:( ) Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes? Yes No FEID Number As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the proposal and required grant information have been read and understood and that all information submitted herein is true and correct. Authorized Executive Officer: Title: Signature: Date: 31 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ATTACHMENT D (CONTINUED) PROJECT DESCRIPTION (Two page limit, #12 font, single-space) 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM (include information that will support the evaluation criteria listed on page 12-13 of this RFP) Demonstrated Need: Storm Impact in the Project Area: Supporting Documents Included: Well-Defined Goals and Obiectives: Measurable End Results of the Project: Long-Term Management of the Project Area: Technical Correctness: Supervision and Monitoring of the Project: Recognized Specifications and Standards to be Followed: Cost-Effectiveness: Sources of Cash, Labor, Materials, and Other Resources: Sources of Matching Resources: Partnerships Contributing to Project Completion: Documentation of Cost Figures Listed in the Budget Sheet: Tree City USA Certification (current as of 2003): Tree City USA Growth Award (current as of 2003): Other Information to SUDDort ADDroval of this Proiect: NOTE: This format will also serve as the Proposal Evaluation Sheet 32 BID NUMBER: RFP/DF-04/05-99 Activity: OPENING DATE: JUNE 30, 2005 @2:00 P.M. ATTACHMENT E BUDGET Specific Description: SUMMARY OF COSTS Contractual costs Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (I) $ Total Matching Costs (II) $ Total Program Costs (III) $ (A 75/25 match on behalf of the proposer is required). Requested Grant $ Local Match $ I II $ 100% Add columns I and II for total III (100%) % Grant request %Local match A budaet. detailinQ all costs identified above must be attached. County PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable) Describe the Specific Location of the Project: Who has Responsibility for Overseeing Project Implementation (name and title)? Who has Maintenance Responsibility for the Project after Completion? Name of Landowner: Is the Land Ownership Public or Private?: Project Title: Applicant Name: 33 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Contractual (Description) Personnel (list titles or positions) Travel 34 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30,2005@2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) EauiDment (list items) 35 BID NUMBER: RFPIDF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Cost ; ~:, '15 Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Supplies. (list items) 36 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) OperatinQ Costs (list) Trees (list species and size) Overhead** * Total * Grant dollars may not be used to purchase food as supplies. Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds may not be used for overhead costs. ** 37 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. EXAMPLE BUDGET Activity: Specific Description: Replacement Plantina. Tree Prunina Broadwav/42nd Street and Islip/Rahwav Blocks SUMMARY OF COSTS (A 75/25 match on behalf of the Proposer is required) Contractual costs Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (I) Total Matching Costs (II) Total Program Costs (III) REQUESTED GRANT $ I 15.000 o o o $ $ $ 60.000 75.000 LOCAL MATCH $ II 10.000 6.000 o 5.400 5.500 o o o 26.900 101.900 100% Add columns I and II for total III (100%) 74 % Grant request 26 % Local match A BUDGET. DETAILING ALL COSTS IDENTIFIED ABOVE MUST BE ATTACHED. PROJECT LOCATION INFORMATION (Please print or type - Complete where applicable) County Grapefruit Describe the Specific Location of the Project: Valdermere. FL Who has Maintenance Responsibility for the Property? Bernice Celia. Town Manaaer Is the Land Ownership Public or Private? Name of Landowner: Project Title: Proposer Name: Public Town of Valdermere. FL. Inc. Valdermere Urban Forestrv Hurricane Recoverv Town of Valdermere 38 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects (category 2A and 28) must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Contractual (Description) Tree Remedial 250 Trees 1 OO/tree 15,000 10,000 Pruning 15,000 10,000 Personnel (list titles or positions) Certified Arborist Supervision, 40.00/hr 4,000.00 (Boris Smith) planning 100 hours Volunteer Labor Delivery and 10.00/hr 2,000.00 Troop 29 Planting SUBTOTAL 200 hours 6,000 Travel SUBTOTAL 39 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Eauipment (list items) Stake Body Truck 8 hours 50/hr 400 for Delivery Irrigation System 5,000 Upgrade and Operation SUBTOTAL 5,400 40 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) SUDDlies* (list items) Planting supplies TBD $12/tree 4,800 (fert, mulch, etc.) (Per mgt plant) Shovels, gloves, 700 staking materials, etc. SUBTOTAL 5,500 ODeratina Costs (list) None 41 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30,2005@2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Trees (list species and size) Chickasaw Plum Cypress 400 Purchase price $60,000 -0- Flowering Cherry (15 gal) $150/tree Live Oak (Florida #1 ) Long Leaf Pine Magnolia Purple Leaf Plum SUBTOTAL $60,000 -0- Overhead...... ... Total $75,000 $26,900 ... Grant dollars may not be used to purchase food as supplies. Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds may not be used for overhead costs. ...... 42 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ATTACHMENT F EXAMPLE 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 8 1/2" X 11 ", except any attached sketches, plans and maps which must be no larger than 2' X 3' and folded into 8 1/2" X 11 ". Six (6) copies (one copy with original signatures and five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than 2:00 p.m., June 30, 2005 at: Department of Agriculture and Consumer Services Purchasing Office - U&CF - 2005 HURRICANE SUPPLEMENTAL PROPOSAL Mayo Building - Room SB-8 Tallahassee, FL 32399-0800 Telephone (850) 488-7552 If you have any questions, please see ATTACHMENT J, "Division of Forestry DistricUCenter Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Valdermere Urban Forestry PrOQram Proposer Name: Valdermere. FL. Inc. Name and Title of Contact Person: Bernice Celia. Town Manaaer Address: 100 Main Street. Valdermere. Florida Zip: 33867 Phone: (407) 555-8733 Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes? Yes No X FEID Number 59-123456789 Has Implementation of the Practice Already Begun? Yes If So, Date Project was Initiated 12/15/04 As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the proposal and required grant information have been read and understood and that all information submitted herein is true and correct. Authorized Executive Officer: Bernice Celia Title: Town ManaQer Signature: Date: 06/01/05 43 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. EXAMPLE (CONTINUED) PROJECT DESCRIPTION (two page limit) 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM The Town of Valdermere is requesting a $75,000 Grant from the Urban and Community Forestry Grant program. Grant and budgeted funds will be used to replant trees in damaged areas, and reimburse the city for corrective pruning expenses that occurred between October 13 and December 31, 2004. Valdermere is a heavily wooded community with a population of 2,329. An urban forestry program has existed here for ten years, under the leadership of a volunteer Tree Board. The overall program is described below in terms of the U&CF Grant evaluation factors. Demonstrated Need: As a result of Category I Hurricane Force winds received during Hurricane Charley, tree canopy has been reduced from an estimated 35% before the storm to a current level of 20%. The neighborhoods indicated on the attached maps within the city limits of Valdemere experienced significant damage to trees as a result of Hurricane Frances. The map indicates areas where trees had to be removed, as well as other areas where corrective pruning was necessary to mitigate safety hazards and improve the health of the trees. A total of xxx trees will need to be replaced, and xxx trees required corrective pruning. As further evidence of the damage impacts, we have included photographs and debris removal cost figures. We realize that only those costs incurred since October 13, 2004, were not reimbursed by an outside source, and are directly related to these projects can be used as either part of the grant application or the match. Well-Defined Goals and Obiectives: Before the storm, the city had a goal of reaching a tree canopy level of 40% by 2010. Since this effort has been set back, receipt of grant funds will help to reduce the delay in meeting this goal. Under this grant, xxx trees as described above will be planted and xxx trees will receive corrective pruning. These areas will be incorporated into the city's existing urban forestry master plan for maintenance. Technical Correctness: The trees species listed in the budget section are either native to the immediate area, or have been successfully grown here for decades and have proven not to be invasive. An irrigation system exists in the area, and will be upgraded to water the new trees on a regular basis for the first year until the trees are established. The existing trees were pruned according to ISA standards. Both the pruning and the upcoming planting are under the supervision of City Aborist Boris Smith, who is ISA certified. Plantings will be conducted according to University of Florida guidelines listed on their website. Cost Effectiveness: Contract crews who conducted the tree pruning were selected from three ISA certified vendors who submitted written quotes. See attached documentation of corrective pruning costs. City employees and funds will be used to perform the tree planting. In addition, overall project costs will be reduced by using volunteers from Boy Scout Troop 29 to deliver and plant the trees. The Chamber of Commerce is providing mulch and ground cover plants. Tree City USA Certification: The City of Valdemere has been certified as a Tree City USA since 1991, and has earned the Tree City Growth Award for the past four years. Other SUDDortina Information: Visibility of the Project: All trees planted or treated under this project are located along city streets with heavy pedestrian and vehicular traffic. 44 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ATTACHMENT G 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM EXAMPLE RESOLUTION 00-1,23 A RESOLUTION BY THE CITY OF HOMETOWN, FLORIDA TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY WHEREAS, trees are an important part of our community; and WHEREAS, the City of Valdermere desires to apply for an Urban and Community Forestry Grant which would provide monies in which to help fund the citizen forester program; and WHEREAS, the City of Valdermere desires to apply for an Urban and Community Forestry Grant which would provide monies in which to help fund the citizen forester program; and WHEREAS, the City of Valdermere wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Hometown, Florida and the Florida Department of Agriculture and Consumer Services; NOW, THEREFORE, BE IT RESOLVED by the City council ofValdermere, Florida: Section 1. The City Council supports the development of a citizen forester program to allow continuation of the city's tree planting program. Section 2. The City Council hereby authorizes the City Manager to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Valdermere, Florida and Florida Department of Agriculture and Consumer Services. INTRODUCED, PASSED AND ADOPTED THIS THE 10TH DAY OF JUNE, 2005. BY: Mayor ATTEST: APPROVAL AS TO FORM: City Clerk City Attorney 45 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ATTACHMENT H 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM GRANT MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of ,20_by and between the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, an agency of the State of Florida, hereinafter called the "Department" and the Town of Valdermere, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the application of the principles of urban and community forestry by granting funds to the Entity (Subre.cipient) for the purpose as outlined in grant Application Number 005-67, included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664; WHEREAS, the Department and the Entity (Subrecipient) are of the opinion that the citizens of the state would benefit from the implementation of urban and community forestry projects that improve our communities through the proper care of trees and related plant materials; WHEREAS, the Department has awarded the Entity (Subrecipient) an urban forestry grant for the specific project set forth in the U&CF Grant Application Number 005-67, hereinafter the "project"; WHEREAS, the Entity (Subrecipient) by Resolution No. 2004-06 & 07, dated June 10.2005, has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; WHEREAS, the parties hereto mutually recognize the benefits of such a project as described in the U&CF Grant application and the need for entering into an agreement designating and setting forth the responsibilities of each party; NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other, the parties covenant and agree as follows: A. Failure by the Entity (Subrecipient) to sign and retum this agreement, within 45 days upon receipt of the agreement, shall constitute forfeiture of the award. B. The effective date of this agreement is ,20 C. The Entity (Subrecipient) shall complete the project by September 30,2007, as set forth in the Urban and Community Forestry Grant Application Number 005-67 approved by the Department on August 1, 2005, during which time the grant shall continue in effect. The criteria for the project is set forth therein. The final date by which such criteria must be met for completion of this agreement is September 30,2007. The project to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. The Entity (Subrecipient) shall not change or deviate from the project without written approval by the Department. D. The Entity (Subrecipient) has estimated the project cost to be $101.900 as shown on the grant application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Entity (Subrecipient) the total sum of $75.000 or seventy five percent (75%) of the final approved project costs, whichever is less (the "Grant Amount"). The Grant Amount is limited to only those items which are directly related to this project as described in Exhibits "A" and "B". Project costs incurred prior to October 13, 2004, are ineligible for reimbursement. To assist the Entity (Subrecipient) with the initial three (3) months of implementation, the Department may make an advance of the grant award. The 46 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. Entity (Subrecipient) must request the advance payment in writing using forms provided by the Department. Funds provided as an advance payment must be placed in a non-interest bearing account. Only one advance payment will be made; thereafter, disbursements will be made on a reimbursement basis. The final payment shall not be made until Certification of Acceptance is received from the Department. For installed plant materials, a sixty (60) day grow-in-period will be required after project completion. Certification of Acceptance by the Department may be requested sixty (60) days after project completion. Upon receipt of the Certification of Acceptance. the Entity (Subrecipient) may submit an invoice for final payment. The Entity (Subrecipient) must submit the final claim for reimbursement to the Department on or before November 15, 2007. (1) Purchases of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written record of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. (2) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof, and bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. (3) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be fumished to the Department upon request. Records of costs incurred include all records of the costs of the Entity (Subrecipient) and subcontractors considered necessary by the Department for a proper audit of the project. (4) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess ofthe threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO, for a period of 36 months from the date of being placed on the convicted vendor list. (5) The CONTRACTOR is informed that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or a public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. E. The Entity (Subrecipient) agrees to maintain plant materials established as a part of the project for a period of three years and enter into an agreement which designates and sets forth the duties and responsibilities of the parties in maintaining the project. F. The Entity (Subrecipient) agrees to submit to the Department an interim report on project accomplishments by December 31,2005 and a final report summarizing project accomplishments as a prerequisite to final acceptance by the Department. Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of this agreement according to the provisions of Section 7(b). The Entity (Subrecipient) upon project completion shall submit a news release to local newspaper media highlighting the successes of the project. G. This Agreement may be terminated under anyone of the following conditions: (1) The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation 47 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida Statutes. (2) By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement, following thirty (30) calendar days written notice by the Department. (3) By either party following sixty (60) calendar days written notice. (4) By both parties following the complete execution by both parties of an agreement to terminate this Agreement. (5) Notice to Entity (Subrecipient): The Department shall consider the employment by any Entity (Subrecipient) of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this agreement. H. Notwithstanding any provision of this Agreement to the contrary but subject to Subparagraph 7(b), in the event this Agreement is terminated before the Department has paid the Entity (Subrecipient) the entire Grant Amount, then the Department agrees to pay the Entity (Subrecipient) the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Entity (Subrecipient) a percentage of the Grant amount equal to the percentage of the project's completion. I. Extension of a contract for contractual services shall be in writing for a single period only not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department. J. As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of such party or any of its officers, agents or employees. K. The Entity (Subrecipient) certifies that neither it or its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for participation in this grant program by any Federal department or agency. L. This Agreement, together with any Maintenance Agreement, if executed, embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not superseded hereby. M. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or in part without the expressed written consent of the Department. N. This Agreement, regardless of where executed, shall be govemed by and construed in accordance with the laws of the State of Florida. O. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with retum receipt requested, or by telex (FAX) or telegram: (1) Ifto the Department, address to Program Coordinator, 3125 Conner Boulevard, Suite R-8, Forest Management Bureau, Tallahassee, Florida 32399-1650 or at such other address the Department may from time to time designate by written notice to the Entity (Subrecipient); (2) If to the Entity (Subrecipient) addressed to: 48 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @2:00 P.M. Ms. Berrnice Celia Town of Valdermere Post Office Drawer 669 Windermere, Florida 34786 or at such other address as the Entity (Subrecipient) from time to time designates by written notice to the Department. All time limits provided hereunder shall run from the date of receipt of all mailed notices, demands, requests and other instruments, or from the date telexed or faxed. P. Time is of the essence of this agreement. It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The following provisions of A through G are not applicable to procurement contracts used to buy goods or services from vendors, but are only applicable to a contractor subject to the Florida Single Audit Act. A. There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215.97, Florida Statutes (F. S.), which may be applicable to and binding upon Recipient. Nonstate entity means a local govemmental entity, nonprofit organization, or for-profit organization that receives state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agency. B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a state single or project-specific audit conducted for such fiscal year in accordance with Section 215.97, F. S., applicable rules of the Executive Office of the Governor, rules of the Chief Financial Officer, and Chapter 10.600, rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state funds received from this Department resource, except that state financial assistance received by a Nonstate entity for federal financial assistance and state matching requirements shall be excluded from consideration. C. Audits conducted pursuant to Section 215.97, F. S., shall be: (1) performed annually, and (2) conducted by an independent auditor in accordance with auditing standards as stated in rules of the Auditor General. D. Regardless of the amount ofthe state financial assistance, the provisions of Section 215.97, F. S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F. S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F. S. The Recipient is required to retain sufficient 49 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the department of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 215.97, F. S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F. S. The financial reporting package means the nonstate entities financial reports, management letter, auditee's written responses or corrective action plan, correspondence on the follow-up of prior years corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F. S. Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, FL 32399-0800 (b) The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 G. The Recipient is hereby notified of and bound by the requirements of F., above. If this agreement contains federal funding in excess of $100,000, the Entity (Subrecipient) must, prior to agreement execution, complete the Certification Regarding Lobbying form. If a Disdosure of Lobbying Activities, Standard Form LLL, is required, it may be obtained from the Department. All disclosure forms as required by the Certification are attached. The Lobbying form must be completed and returned to the Department. The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement hereby acknowledges and agrees that it will comply with the applicable provisions of the latest version of Office and Management Budget Circular No. A-133 - Revised June 27, 2003 (Audits of States, Local Govemments, and Non-profit Organizations). Copies of the latest version of the above which would relate to the undersigned Entity (Subrecipient) are available for review at the following address: Department of Agriculture and Consumer Services Division of Administration, Contract Administrator Room 509, Mayo Building Tallahassee, FL 32399-0800 If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in a fiscal year, either directly from federal agencies or indirectly through other units of state or local govemments or a combination thereof, the Entity (Subrecipient) shall have an audit made in accordance with the Office of Management and Budget Circular No. A-133 (Audits of State, Local Govemments, and Non-profit Organizations). The $500.000 threshold specified above shall be from all federal sources, not just the amount provided by this agreement. The undersigned Entity (Subrecipient) receiving funds under this agreement hereby agrees that it will allow the Department of Agriculture and Consumer Services and any federal agency to audit the Entity's (Subrecipient's) books for compliance with the above applicable circulars. The Entity (Subrecipient) acknowledges and agrees that public use of all reports or other printed material, videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the copyright laws of the United States of America. All products (brochures, signs, videos. etc.) funded by the Urban 50 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. and Community Forestry Grant must display a statement that the material has been prepared using Urban and Community Forestry grant funds received through the Division of Forestry. Entities (Subrecipients) providing goods and services to the Department should be aware of the following time frames. Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice was received or the goods or services are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850)488-2020 or Purchasing Office at (850) 488-7552. Invoices which have to be returned to an Entity (Subrecipient) because of Entity (Subrecipient) preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Entities (Subrecipients) who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-7269 or by calling the Department of Financial Services' Hotline, 1-850-410-9724. The Entity (Subrecipient) is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The Entity (Subrecipient) is informed that the Department shall consider the employment by an Entity (Subrecipient) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this agreement. The contractor is informed that an entity or affiliate who has been placed in the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 51 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Il'l.'\::TNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first abolL written. STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES BY: Director Division of Administration Town ofValdermere Name of Entity (Subrecipient) BY: TITLE: 52 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ATTACHMENT I URBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of , 20 , by and between the STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, an agency of the State of Florida, hereinafter called the Department and the Town of Valdermere, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and community forestry by granting funds to the Entity (Subrecipient) for the establishment of a demonstration tree planting project as outlined in the Urban and Community Forestry grant application Number 005-67 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a part hereof; WHEREAS, the Department has awarded the Entity (Subrecipient) an urban and community forestry grant for the improvements to the project property more particularly set forth in the Grant Agreement; WHEREAS, the Entity (Subrecipient) agreed in the Grant Agreement to maintain the project (as described in the Grant Application); WHEREAS, the parties hereto recognize the need for entering into an agreement designating and setting forth the responsibilities of each party in maintaining the project; and WHEREAS, the Entity (Subrecipient) by Resolution desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other herein and in Exhibit "1", the Grant Memorandum of Agreement, the parties covenant and agree as follows: A. The Entity (Subrecipient) shall maintain the project in a responsible manner and with due care in accordance with the below listed Project Standards for the property at the following location: Town of Valdermere. Specifically, the Entity (Subrecipient) accepts the below listed responsibilities and duties: (1) All planting stock or replacement must be Florida Grade #1 or better, unless otherwise agreed upon in writing by the Urban Forestry Coordinator. (2) Proper watering and proper fertilization of all trees/plants. (3) Keeping trees/plants as free as practicable from disease and harmful insects; (4) Proper mulching of trees and/or planting beds; (5) Keeping the premises free of weeds; (6) Mowing and/or cutting grasses to the proper length; (7) Proper pruning of all trees which includes; (i) removing dead or disease parts of trees or (ii) pruning such parts thereof which present a hazard; (8) Removing and replacing dead or diseased trees/plants in their entirety, or removing and replacing those that fall below original Project Standards. (9) Following the Planting and Maintenance Guidelines as included herein as Exhibit C. The Entity (Subrecipient) agrees to repair, or remove and replace at its own expense all or part of the project that falls below Project Standards. In the event any part or parts of the project, including all plants, must be removed and replaced for whatever reason, then they shall be replaced with the same grade, size and specification as provided in the original plans for the project. Furthermore, the Entity (Subrecipient) shall keep litter removed from the project area. The above named functions to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. It is 53 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. the intent of the parties hereto that except as otherwise provided in paragraphs 2 and 4 hereof, the Entity (Subrecipient) shall be the owner of the planting and other installations included and stipulated in the grant application comprising the project. B. This Agreement may be terminated under anyone of the following conditions: (1) By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement or for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119. Florida Statutes and made or secured by the Entity (Subrecipient) in conjunction with this Agreement following reasonable written notice. (2) By either party following sixty (60) calendar days written notice. (3) By both parties following the complete execution by both parties of an agreement to terminate this agreement. C. The terms of this Agreement commence on the date of Certification of Acceptance and continue for a period of three (3) years. D. In the event this Agreement is terminated in accordance with subparagraph 2(a) then the Entity (Subrecipient) shall refund to the Department a pro-rated portion of the grant award based upon the following schedule: (1) If this agreement is terminated within one year of the date in Paragraph 3. 75 percent of the grant award. (2) If this agreement is terminated during the second year of this agreement. 50 percent of the grant award. (3) If this agreement is terminated during the third year of this agreement, 25 percent of the grant award. E. As applicable under Florida Statute 768.28, the Entity (Subrecipient) Covenants and agrees that it shall indemnify and hold harmless the Department and all of the Department's officers, agents and employees from any claim, action. neglect or omission by the Entity (Subrecipient) during the performance of the Agreements, whether direct or indirect, and whether any person or property to which the Department or said parties may be subject, except that neither the Entity (Subrecipient) nor any of its sub-contractors shall be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. F. This Agreement. together with the Urban and Community Forestry Grant Memorandum of Agreement, embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not superseded hereby. G. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or in part without the expressed written consent of the Department. H. This Agreement shall be govemed by and construed in accordance with the laws of the State of Florida. I. All notices. demands, requests or other instruments shall be given by depositing the same in the U.S. Mail. postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or telegram: If to the Department, addressed to Urban Forestry Program Coordinator, Forest Management Bureau, 3125 Conner Boulevard. Suite R-3. Tallahassee, Florida 32399-1650 or at such other address the 54 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @2:00 P.M. Department may from time to time designate by written notice to the Entity (Subrecipient); and If to the Entity (Subrecipient) addressed to: Ms. Bernice Celia Town of Valdermere Post Office Drawer 669 Windermere, Florida 34786 or at such other address as the Entity (Subrecipient) from time to time designates by written notice to the Department. All time limits provided hereunder shall run from the date of receipt of all mailed notices, demands, requests and other instruments, or from the date telexed or faxed. J. Time is of the essence of this agreement. It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The following provisions of A through G are not applicable to procurement contracts used to buy goods or services from vendors, but are only applicable to a contractor subject to the Florida Single Audit Act. A. There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215.97, Florida Statutes (F. S.), which may be applicable to and binding upon Recipient. Nonstate entity means a local govemmental entity, nonprofit organization, or for profit organization that receives state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agency. B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a state single or project-specific audit conducted for such fiscal year in accordance with Section 215.97, F. S., applicable rules ofthe Executive Office of the Governor, rules of the Chief Financial Officer, and Chapter 10.600, rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state funds received from this Department resource, except that state financial assistance received by a Nonstate entity for federal financial assistance and state matching requirements shall be excluded from consideration. C. Audits conducted pursuant to Section 215.97, F. S., shall be: (1) performed annually, and (2) conducted by an independent auditor in accordance with auditing standards as stated in rules of the Auditor General. D. Regardless of the amount ofthe state financial assistance, the provisions of Section 215.97, F. S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records conceming state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F. S. 55 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F. S. The Recipient is required to retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the department of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 215.97, F. S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F. S. The financial reporting package means the nonstate entities financial statements, Schedule of State Financial Assistance, auditor's reports, management letter, auditees written responses or corrective action plan, correspondence on the follow-up of prior years corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F. S. Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, FL 32399 0800 (b) The Auditor Generals Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 323021450 G. The Recipient is hereby notified of and bound by the requirements of F., above. The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement hereby acknowledges and agrees that it will comply with the applicable provisions of the latest version of Office and Management Budget Circular No. A-133 - Revised June 27, 2003 (Audits of States, Local Governments, and Non-profit Organizations). Copies of the latest version of the above which would relate to the undersigned Entity (Subrecipient) are available for review at the following address: Department of Agriculture and Consumer Services Division of Administration, Contract Administrator Room 509, Mayo Building Tallahassee, FL 32399-0800 If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in a fiscal year, either directly from federal agencies or indirectly through other units of state or local govemments or a combination thereof, the Entity (Subrecipient) shall have an audit made in accordance with the Office of Management and Budget Circular No. A-133 (Audits of State, Local Govemments, and Non-profit Organizations). The $500,000 threshold specified above shall be from all federal sources, not just the amount provided by this agreement. The undersigned Entity (Subrecipient) receiving funds under this agreement hereby agrees that it will allow the Department of Agriculture and Consumer Services and any federal agency to audit the Entity's (Subrecipients) books for compliance with the above applicable circulars. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. 56 BID NUMBER: RFP/DF-04/05-99 BY: BY: TITLE: OPENING DATE: JUNE 30, 2005@2:00 P.M. STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Director. Division of Administration Town of Windermere Name of Entity (Subrecipient) 57 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. EXHIBIT C PLANTING AND MAINTENANCE GUIDELINES A. Planting Site factors which influence long-term survivability should be considered: overhead and underground utilities, sidewalks, sign conflicts, traffic visibility, light poles, right-of-way or site improvements, size of planting space/site, etc. All planting stock or replacement stock must be Florida Grade #1 or better. All synthetic or non-biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc. must be removed from the root ball before planting. All biodegradable material should be removed from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from extending above the soil surface where it can act as a wick and dry the surrounding soil. If trees are planted with wire baskets around the root ball, it is recommended that the top two tiers of wire be cut and removed after the root ball is set in the planting hole. The planting hole should be at least 3-5 times the diameter of the root ball (where possible) and the same depth as the root ball. Position the tree or palm in the center of the planting hole with the top of the root ball even with the surrounding soil surface. Backfill with soil from the planting site, if it is not contaminated. All large rocks should be removed. When the hole is half full, slowly water to saturate the soil and remove air pockets, then continue to fill the hole with soil. It is not recommended that large amounts of organic matter be incorporated into the backfill. Rake the soil evenly around the entire planting area. Water thoroughly to remove air pockets, secure the soil around the roots, and provide nourishment. B. Mulching Mulch an area at least three times the diameter of the root ball to a depth of 2-4" with wood chips, bark mulch, shredded mulch, leaves or pine needles. Keep the mulch several inches away from the tree or palm trunk. Replenish mulch as it decomposes maintaining a 2-4" layer over the life of the project. C. Staking Stake only if necessary; for example, if the tree or palm will not stand on its own due to potential vandalism or strong winds. Use flexible materials such as strapping or commercially available ties that give as the tree diameter increases and as the tree moves. Biodegradable material is recommended. Do not use wire even if the wire is inside rubber hosing. 58 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Stakes and ties should remain on the trees no longer that one year to avoid girdling. D. Pruning At the time of planting, only dead, damaged, rubbing or cross braches or fronds should be removed. Remove sucker sprouts from the base of the tree after planting. Corrective/structural pruning can begin approximately one year after planting. Do not remove more than 1/3 of the live crown during one growing season. E. Watering Establish a regular watering schedule and follow it. Slow deep watering is recommended. Additional water may be needed during hot or dry periods. As tree or palm growth progresses, be sure to water outward (away from the trunk) to the surrounding soil area. This will promote the outward growth and spread of roots. Various species of trees or palms and/or soil types may require varied degrees of watering. Soil moisture and tree health should be monitored and irrigation adjusted accordingly. Non-irrigated sites need to be monitored more closely. F. Fertilizing Begin a fertilization program within the first year of planting. Broadcast fertilizing or fertilizer plugs/stakes are recommended. Fertilize lightly after the first year using a balanced fertilizer (rates should be based on the size of the tree or palm and any special nutrient requirements). If micronutrient deficiencies are suspected, have a soil test completed and supplement the fertilization program accordingly. 59 BID NUMBER: RFP/DF-04/05-99 OPENING DATE:,JUNE 30, 2005@2:00 P.M. ATTACHMENT J FLORIDA DIVISION OF FORESTRY DISTRICT/CENTER CONTACTS Blackwater Forestry Center (Escambia, Santa Rosa, Okaloosa Counties) Center Manager - Weldon Sonny Greene 850/957-6140 Chipola River District (Bay, Calhoun, Gulf, Liberty, Holmes, Jackson, Walton, Washington Counties) District Manager - Joe Anderson 850/872-4175 Tallahassee District (Leon, Wakulla, Jefferson, Gadsden, Franklin Counties) District Manager - Tom Ledew 850/414-1131 Perry District (Taylor, Dixie, Madison, Lafayette Counties) District Manager - John K. Fish 850/838-2290 Suwannee District (Columbia, Baker, Hamilton, Suwannee, Bradford, Union Counties) District Manager - Mark Crow 386/758-5700 Jacksonville District (Duval, Clay, Nassau Counties) District Manager - Bruce Hill 904/266-5003 Waccasassa Center (Alachua, Marion, Gilchrist, Levy, Putnam Counties) Center Manager - Don West 352/955-2005 Bunnell District (Volusia, St. Johns, Flagler Counties) District Manager - Mike Kuypers 386/446-6787 Withlacoochee Forestry Center (Pasco, Sumter, Hernando, lake, Citrus Counties) Center Manager - Winnie Schreiber 352/754-6777 Orlando District (Orange, Osceola, Seminole, Brevard Counties) District Manager - John Koehler 321/690-6465 lakeland District (Polk, Hillsborough, Pinellas Counties) District Manager - Gary Zipprer 863/648-3163 60 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Myakka River District (Manatee, Sarasota, Charlotte, DeSoto, Hardee Counties) District Manager - Ed Flowers 941/751-7629 Okeechobee District (St. Lucie, Martin, Indian River, Highlands, Glades, Okeechobee Counties) District Manager - Jim Rath 863/462-5160 Caloosahatchee District (Lee, Collier, Hendry Counties) District Manager - Hank Graham 239/694-2181 Everglades District (Palm Beach, Broward, Dade, Monroe Counties) District Manager - David Crane 954/475-4120 61 VI.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) [S] June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF [S] Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report {T.-::i "_: . :--) ---( c_ RECOMMENDATION: Approve resolution R05- for renewal ofthree (3) community garden~se agreements between the property owner's, City of Boynton Beach, and Palm Beach County. -.- . - / 1 -CJ . ;'''~~I EXPLANATION: Landlords (Marwan Ghali, Blanche H. Girtman, and James Johnson Jr.) are continuing~lease :3. the properties to the county as hereinafter defined for the purpose of developing and continuing the commuiifty~-~ .~;; gardens through County's 4-H Youth Development Program - ::.~;; t.) (=)rrl PROGRAM IMP ACT: The community garden program has been an important part of enhancing and imp~inftt~ Seacrest Boulevard corridor within the Heart of Boynton neighborhood area. Continuing the leasing program with - the county and property owners is an integral part of the redevelopment of this area of the city. Numerous neighborhood residents and groups use the garden plots in the community gardens. Those groups have included girl and boy scout troops, after school programs and the county's 4H program who use the gardens as learning centers for the community. FISCAL IMPACT: The yearly cost to the city is $4,156.00 for the MLK garden (the Girtman/Ghali contracts), and $3,193.00 for the garden covered by the Johnson contract. Funds will come from the Public Works Ground Maintenance account # 001-2730-572-46-98. initiated or been able to continue. City Manager's Signature N ~ \. ~ ~ 'o\.:}-(\'--o ~ ~ ~-...; \ ~ U1 ~ .) Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION R05- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE MAYOR TO EXECUTE 6 LEASE AGREEMENTS BETWEEN THE CITY OF 7 BOYNTON BEACH, PALM BEACH COUNTY AND 8 MARWAN GHALI, BLANCHE GIRTMAN AND 9 JAMES JOHNSON, JR., AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the community garden program has been an important part of 13 enhancing and improving the Seacrest Boulevard corridor within the Heart of Boynton 14 neighborhood area; and 15 WHEREAS, continuing the leasing program with the county and property owners 16 is an integral part of the redevelopment of this area of the City; and 17 WHEREAS, numerous neighborhood residents and groups such as girl and boy 18 scout troops, after school programs and the County's 4-H program use the garden plots in 19 the community gardens; and 20 WHEREAS, the City Staff recommends the approval of the three community 21 garden Lease Agreements between the City of Boynton Beach, Palm Beach County and 22 Marwan Ghali, Blanche H. Girtman and James Johnson, Jr. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 26 ratified and confirmed by the City Commission. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby authorize and direct the Mayor and City Clerk to execute three community garden S:\CA \RESO\Agreements\Community Garden Leases.doc Lease Agreements between the City of Boynton Beach, Palm Beach County and Marwan 2 Ghali, Blanche H. Girtman and James Johnson Jr., a copy of each Agreement is attached 3 hereto as Exhibit "A", "B" and "C", respectively. 4 Section 3. This Resolution will become effective immediately upon passage. 5 PASSED AND ADOPTED this _ day of June, 2005. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 ATTEST: 24 25 City Clerk 26 27 (Corporate Seal) 28 29 30 S:\CA \RESO\Agreements\Community Garden Leases.doc ******************************************************************************** LEASE AGREEMENT between JAMES JOHNSON, JR. (Landlord) and PALM BEACH COUNTY, FLORIDA (County) and THE CITY OF BOYNTON BEACH (City) ****************************************************************************** G:\Propfny MgmI Sect.ion\Out lease\Coop Exlmsioo SVC\Lease. GIy Bo)nton Beach Jobosoo HF Approved Revised 4.25.05.Wc LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into , by and between JAMES JOHNSON, JR. property owner, hereinafter referred to as "Landlord" of533 NW 13th Avenue, Boynton Beach, Florida 33435-3067, whose Social Security Number is 264-81-1622 and PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florid a, on behalf of the Cooperative Extension Services Department, hereinafter referred to as "County", and the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City". WIT N E SSE T H: WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida, located at 913 North Seacrest Boulevard, Boynton Beach, Florida 33435, which property is legally described in Exhibit "A" attached hereto and by reference made a part hereof (the "Property"); and WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose of developing community gardens through County's 4- H Youth Development Program; and WHEREAS, City has agreed to assume the responsibility for maintenance of certain areas of the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property Sketch-Area of City Responsibility), leased by Landlord to the County; and WHEREAS, Landlord is willing to lease the Property to the County for the purposes hereinafter defined. NOW THEREFORE, in consideration of the rents, covenants, and agreements hereinafter reserved and contained on the part of the County and City to be observed and performed, the Landlord demises and leases to County, and the County rents from Landlord the Property upon the following terms and conditions: ARTICLE I BASIC LEASE PROVISIONS Section 1.01 Premises. The Premises subject to this Lease shall consist of the Property together with any improvements now existing or constructed hereinafter thereon. 2 Section 1.02 Length of Term and Commencement Date. The term ofthis Lease shall commence on the March 11,2005 (the "Commencement Date"), and shall extend for a period of one (1) year thereafter (the "Term"), unless sooner terminated pursuant to the provisions of this Lease. The term of this Lease shall be automatically renewed for successive one (1) year periods unless either the County or Landlord provides the other party with notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of the current Term of this Lease. Additionally, either County, City or Landlord may cancel this Lease for any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon the parties shall be relieved of all further obligations hereunder. ARTICLE II RENT Section 2.01 Annual Rent. County shall pay Landlord for the use and occupancy ofthe Premises an annual gross rental of One Dollar($1.00). This Lease is intended to be a "gross" lease and County's obligations hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to the Landlord at the address specified in Section 15.04 herein. Section 2.02 Payment. County is a tax-exempt entity as is evidenced by tax exemption #60-221 1419753 C. No sales or use tax shall be included or charged with Annual Rent.. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY Section 3.01 Use of Premises. The Premises shall be used for the establishment and operation of the 4-H Community Garden Program. County shall not use, permit, or suffer the use of the Premises for any other purpose whatsoever without the prior written consent of Landlord which consent shall not be unreasonably withheld. County's obligations under this Lease are contingent upon such use ofthe Premises being in compliance with all applicable zoning laws, rules, and regulations affecting the Premises. Section 3.02 Conduct. County shall not commit waste upon the Premises, nor maintain, commit, or permit the maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose. County acknowledges that its employees and the Premises shall, throughout the Term of this Lease, be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations respecting the use and occupancy of the Premises, provided County shall not be required to make alterations, additions, or improvements to the Premises in order to conform therewith. 3 Section 3.03 Hazardous Substances. County shall comply with all applicable Federal, State and local laws, regulations and ordinances protecting the environment and natural resources and regulating hazardous substances. Section 3.04 Surrender of Premises. Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and expense, shall remove County's personal property and removable fixtures and equipment from the Premises, and shall surrender the Premises to the Landlord. Upon surrender of the Premises, title to any Alterations shall vest in Landlord. ARTICLE IV ALTERATION OF LEASED PREMISES Section 4.01 Landlord's Work. Landlord shall not be obligated or required to perform any improvements whatsoever to the Property. Section 4.02 (a)(I) County's Work. County shall be entitled to make alterations, improvements, or additions to the Premises consistent with the use as a community garden program, (hereinafter, collectively' Alterations") at its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on the Premises by County, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord, such Alterations being nevertheless subject to each and every provision ofthis Lease. All work done by County in connection with any Alterations, repairs, and maintenance on the Premises shall be done in a good and workmanlike manner. (a)(2) City's Work. City shall be entitled to make Alterations with respect to the installation of irrigation and irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all City's Alterations installed on the Premises by City, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit and convenience of City, and not for the benefit of Landlord, such Alterations being nevertheless subject to each and every provision of this Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on the Premises shall be done in a good and workmanlike manner. Landlord shall not be liable for accidents caused by said improvements or accidents caused by increased activity on the Premises due to the Community Garden Program. 4 (b) Construction Liens. Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter 713, Part I, in the construction of any improvements to the Premises and shall obtain a public construction performance bond in accordance with Florida Statutes section 255.05, if required by such statute. In the event a construction lien is filed against the Premises in connection with any work performed by or on behalf of the Landlord or County, the party performing such work shall promptly cause such lien to be removed from the Premises. ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of County. County shall, at all times during the Term of this Lease, and at its own cost and expense, repair, replace and maintain in a good, safe and substantial condition, all improvements on the land including any fence that County may install which may surround the Premises and any improvements, additions, and alterations to the Premises, and County shall use all reasonable precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler heads inside the fenced in area is the responsibility of the City pursuant to Section 5.02, County is responsible for the cost of the replacement heads. In the event that the City incurs costs for the replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention of the Director of the Cooperative Extension Service at the address set forth in Section 15.04(b). Section 5.02 Responsibility of the City of Boynton Beach. City shall be responsible for and shall maintain the area of the Premises of the garden as depicted on Exhibit "B" attached hereto and made a part hereof, and, shall be responsible for the irrigation ofthe entire Premises. City shall indemnify County, to the extent provided in Article XVI below, in the event that City fails to comply with the obligations contained herein. Section 5.03 Hazardous Substance Indemnification by Landlord. Landlord hereby represents and warrants to County that there is not located in, on, upon, over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii) polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited, limited, or regulated by federal, state, county, regional, or local authority. If said substance(s) exist, Landlord shall promptly remove said substance( s) at Landlord's sole cost and expense. County shall be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's own furniture, fixtures, office machines, and equipment. ARTICLE VI INSURANCE Section 6.01 Liability Insurance. County shall, during the entire Term hereof, provide Landlord with a certificate evidencing self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand 5 Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or occurrence and Workers' Compensation insurance covering all employees in accordance with Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by Statute above or below the sums insured against, the County shall provide insurance to the extent of that exposure. Section 6.02 Personal Property. All of County's personal property placed or moved in the Premises shall be at the risk of the County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for any damage to such personal property, except to the extent caused by the Landlord, its agents', or its employees' willful or negligent acts or omissions. ARTICLE VII DAMAGE OR DESTRUCTION OF PREMISES AND/OR COUNTY'S AL TERA TIONS In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty during the Term of this Lease, or any extension thereof, whereby the same shall be rendered untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such casualty. In the event the County elects to terminate this Lease as provided in this Section, the Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County does not exercise its right to terminate this lease due to any such casualty, Landlord shall promptly commence restoration of the Premises and diligently pursue such restoration to completion using materials oflike kind and quality or better. The rental due hereunder relating to the portion ofthe Premises render untenable shall be abated from the date of such casualty until completion of such restoration. ARTICLE VIII UTILITIES AND SERVICES Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been paid in full at the commencement of this Lease. County shall be solely responsible for and promptly pay directly to the utility company or the provider of such service all charges or assessments for gas, electricity, trash collection and removal and any other utility used or consumed by County. Landlord shall not be liable for an interruption or failure in the supply of such service to the Premises resulting from a failure of the utility company to provide service to the Premises. City shall be responsible and pay for all water charges for water used or consumed in the operation of this Lease. 6 ARTICLE IX ASSIGNMENT AND SUBLETTING County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor sublet all or any portion of the Premises, without Landlord's prior written consent, which shall not be unreasonably withheld. In the event of an approved assignment, County shall be released from any further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by Landlord shall be subject to the terms of this Lease Agreement. ARTICLE X DEFAULT Section 10.01 Default by County. The occurrence of anyone or more of the following shall constitute an Event of Default by County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements, covenants, or conditions contained in this Lease on County's part to be performed or observed for more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or process of law. If any Event of Default occurs, then, at any time thereafter while the Event of Default continues, Landlord shall have the right to give County notice that Landlord intends to terminate this Lease upon a specified date not less than thirty (30) days after the date notice is received by County, and this Lease shall then expire on the date specified as if that date had been originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured within such period or within a reasonable period thereafter if the same cannot be cured within such period and County undertake such cure within such period and the Landlord is so notified, this Lease will continue. Section 10.02 Default by Landlord. Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day period, Landlord shall be entitled to a reasonable period oftime under the circumstances in which to cure said default, provided that Landlord diligently proceeds with the curing of the default. In the event that the default is not cured by Landlord within the foregoing time period, County, at County's option, may either cure said default and Landlord shall reimburse County for all expenses incurred by County in doing so, or County may give to the Landlord a thirty (30) days notice specifYing that the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty (30) day period, this Lease and all obligations of County hereunder shall terminate and County shall thereupon be relieved of all further obligations hereunder. 7 ARTICLE XI ACCESS BY LANDLORD Landlord and Landlord's agents and employees shall have the right to enter upon the Premises at all reasonable times to examine the same, and to make any repairs which may be required or permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice prior to exercising such right except in an emergency in which event no notice shall be required and shall exercise such right in a manner which minimizes the impact upon County's use ofthe Premises. ARTICLE XII ANNUAL BUDGETARY FUNDING/CANCELLATION This Agreement and all obligations of County hereunder are subject to and contingent upon annual budgetary funding by the Board of County Commissioners of Palm Beach County. Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder are subject to and contingent upon annual budgetary funding by the City of Boynton Beach Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be relieved of all further obligations hereunder arising subsequent to such termination. ARTICLE XIII QUIET ENJOYMENT Upon the observance and performance of all the covenants, terms, and conditions on County's part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised and any extensions thereof without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through, or under the Landlord, subject, nevertheless, to the terms and conditions of this Lease. ARTICLE XIV CONDEMNATION If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in lieu of condemnation for public or quasi public use, the entire compensation or award therefore, including any severance damages, shall be apportioned between Landlord and County in proportion to the value of their respective interests and the rent shall be recalculated effective upon the date of vesting of title in the condemning authority to reflect the reduction in the Premises. County shall also be entitled to receive compensation for the value of any Alterations or other improvements made by County to the Premises and moving expenses. In addition, County may elect to terminate this Lease in which event this Lease shall terminate effective as of the date title is vested in the condemning authority, whereupon the parties shall be relieved of all further obligations occurring 8 subsequent to the date of termination other then those relating to apportionment of the compensation for such condemnation. In the event the County elects to terminate this Lease as provided in this Article, the Rent payable hereunder shall be prorated to the date of termination. County will be allowed not less than sixty (60) days notice to remove its property from the Premises. ARTICLE XV MISCELLANEOUS Section 15.01 Waiver, Accord and Satisfaction. The waiver by Landlord of any default of any term, condition, or covenant herein contained shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or any other term, condition, or covenant herein contained. The consent or approval by Landlord to or of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent similar act by County. Section 15.02 Public Entity Crimes. As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord nor employees, who will perform hereunder, have been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) month period immediately preceding the Effective Date of the Term of this Lease. This certification is required pursuant to Florida Statues 287.133 (3)(a). Section 15.03 Entire Agreement. This Lease and any Exhibits attached hereto constitute all agreements, conditions, and understandings between Landlord and County concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or County unless reduced to writing and signed by them. Section 15.04 Notices. 9 All notices, consents, approvals, and elections (collectively, "notices") to be given or delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall be the date of delivery of the notice ifby personal delivery, courier services, or national overnight delivery service, or on the date of transmission with confirmed answer back if telecopier or fax if transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or on a non-business day, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: (a) Ifto the Landlord at: James Johnson, Jr. 533 N. W. 13th Avenue Boynton Beach, Fl. 33435-3067 Fax 561- (b) If to the County at: Palm Beach County Cooperative Extension Service 559 North Military Trail West Palm Beach, Florida 33415 Attn: Audrey Norman Fax 561-233-1761 with a copy to: Property and Real Estate Management Division Attn: Director 3200 Belvedere Road, Building 1169 West Palm Beach, FL 33406-1544 Fax 561-233-0210 Telephone 561-233-0217 10 ( c) If to the City at: City of Boynton Beach 100 E Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Fl. 33425-0310 Attn.: Dan DeCarlo, Director of Development Fax 561-742-6285 Any party may from time to time change the address to which notice under this Lease shall be given such party, upon three (3) days prior written notice to the other parties. Section 15.05 Brokers' Commission. Each of the parties represents and warrants to the other that they have not dealt with any real estate salesperson, agent, finder, or broker in connection with this Lease. Section 15.06 Severability. If any term of this Lease, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. Section 15.07 Captions. The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. Section 15.08 Recording. County shall be entitled to record this Lease or a Memorandum of Lease in the public records of Palm Beach County for the purpose of providing public notice of County's interest in the Premises. Section 15.09 Waiver of Jury Trial. THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER IN CONNECTION WITH THIS LEASE. Section 15.10 Governing Law and Venue. This Lease shall be governed by and interpreted according to the laws ofthe State of Florida and venue shall be in a state court of competent jurisdiction in Palm Beach County. 11 Section 15.11 Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. Section 15.12 Benefit and Binding Effect. This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives, and assigns of the parties hereto. Section 15.13 Radon. 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 County's public health unit. Section 15.14 Non-Exclusivity of Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 15.15 Non-Discrimination. The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. Section 15.16 Construction. No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not effect the remaining portions ofthis Agreement and the same shall remain in full force and effect. Section 15.17 Incorporation by References. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. 12 Section 15.18 Effective Date of Agreement. This Agreement is expressly contingent upon the approval ofthe Palm Beach County Board of County Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners. ARTICLE XVI INDEMNITY Landlord shall protect, defend, reimburse and indemnify and hold harmless County and the City, their agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind and character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of Landlord. County acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the County to recover damages in tort for money damages up to the amounts set forth in such statute for injury or loss of property, personal injury, or death caused by the negligence or wrongful act or omission of an employee of County while acting within the scope of the employee's office or employment under such circumstances in which the County, if a private person, would be liable under the general laws of this State. City shall be liable for its own actions and negligence and shall indemnify and hold harmless the County against any actions, claims or damages arising out of City's negligent, willful or intentional acts or omissions in connection with this Lease. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by the City to indemnify the County for County's negligence, willful, or intentional acts or omissions. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 13 IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or have caused the same to be executed, as of the day and year first above written. WITNESS: \'"" '. \'~ ~ C.-' /.~ ~__ W.itnessSignature '.~ ',L I ~~ ~<,,( ~ ~~ ~ Print Witness Name -mE'~S Witness Sign re lYll4: fCt( fl.--fTIJ ~ +t Y"2> Print Witrless Name WITNESS: SHARON R. BOCK, CLERK & COMPTROLLER By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney COUNTY: PALM BEACH COUNTY, FLORIDA, a political subdivision ofthe State of Florida By: Tony Masilotti, Chairman APPROVED AS TO TERMS AND CONDITIONS By: Department Director 14 CITY OF BOYNTON BEACH ATTEST: By: Mayor City Clerk APPROVED AS TO FORM: Office of the City Attorney Signed and delivered in the presence of: Print Witness Name Print Witness Name STATE OF FLORIDA COUNTY OF PALM BEACH day of 2005, before me personally , personally known to me or who produced as identification and who did ( ) did not ( ) take an oath and who executed the foregoing instrument and acknowledged before that he executed the same for the purposes therein. I HERBY CERTIFY that on this appeared Notary Public, State of Florida Print Name Commission No. My Commission Expires: 15 SCHEDULE OF EXHIBITS EXHIBIT "A" - LEGAL DESCRIPTION OF THE PROPERTY EXHIBIT "B" - PROPERTY SKECTCH-AREA OF CITY RESPONSIBILITY 16 EXHIBIT" A" LEGAL DESCRIPTION OF THE "PROPERTY" LOTS 132,133 AND 134, LESS 20' RETURN CURVE AREA ROAD RIGHT-OF-WAY, AND 135 TO 138 INC., BLOCK D, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 4, PAGE 51, AS RECORDED IN OFFICIAL RECORD BOOK 9173, PAGE 195, OF THE RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS LOTS 133 AND 134. PROPERTY CONTROL NO. 08-43-45-21-07-004-1320 17 - EXHIBIT "B't PROPERTY SKETCH-AREA OF CITY RESPONSIBILITY , .J A rl\..R. '7 :r 0 H N > 0 N :r R.. . , .1-i ~. t:- - q!~ i \ J l.ci . ;.. '~1 . ~,. t;: .~-1!~:' i i : ~~-":"~- I- ~. -; roo I 5?>' T Cfft 1.,. l' WI ::0 Pe R ( ntei <--R. N 0:= Tpee ()eNo~tAA11ON GARt;eN ******************************************************************************** LEASE AGREEMENT between MARW AN GRALl and SUHAIR GHALI (Landlord) and PALM BEACH COUNTY, FLORIDA (County) and THE CITY OF BOYNTON BEACH (City) ****************************************************************************** G:\Property Mgmt Section\Out Lease\Coop Extension SVO!.ease. City Boynton Beach Ghali HF Approved Revised 4.25.05.da: LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into , by and between MARW AN GHALI and SUHAIR GHALI property owners, hereinafter referred to as "Landlord" of 9333 Laurel Green Drive and 9327 Laurel Green Drive, Boynton Beach, Florida 33437 respectively, whose Social Security Number is 595-32-3143 and 589-14-3622, respectively, and PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, on behalf of the Cooperative Extension Services Department, hereinafter referred to as "County", and the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City". WIT N E SSE T H: WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida, located at North Seacrest Boulevard, Boynton Beach, Florida 33435, which property is legally described in Exhibit "AIf attached hereto and by reference made a part hereof (the "Property" ); and WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose of developing community gardens through County's 4-H Youth Development Program; and WHEREAS, City has agreed to assume the responsibility for maintenance of certain areas of the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property Sketch- Area of City Responsibility"), leased by Landlord to the County; and WHEREAS, Landlord is willing to lease the Property to the County for the purposes hereinafter defined. NOW THEREFORE, in consideration ofthe rents, covenants, and agreements hereinafter reserved and contained on the part of the County and City to be observed and performed, the Landlord demises and leases to County, and the County rents from Landlord the Property upon the following terms and conditions: ARTICLE I BASIC LEASE PROVISIONS Section 1.01 Premises. The Premises subject to this Lease shall consist of the Property together with any improvements now existing or constructed hereinafter thereon. Section 1.02 Length of Term and Commencement Date. The term of this Lease shall commence on the February 5, 2005 (the "Commencement Date"), and shall extend for a period of one (1) year thereafter (the "Term"), unless sooner terminated pursuant to the provisions of this Lease. The term of this Lease shall be automatically renewed for successive one (1) year periods unless either the County or Landlord provides the other party with notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of the current Term ofthis Lease. Additionally, either County, City or Landlord may cancel this Lease for any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon the parties shall be relieved of all further obligations hereunder. ARTICLE II RENT Section 2.01 Annual Rent. County shall pay Landlord for the use and occupancy of the Premises an annual gross rental of One Dollar($1.00). This Lease is intended to be a "gross" lease and County's obligations hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to the Landlord at the address specified in Section 15.04 herein. Section 2.02 Payment. County is a tax-exempt entity as is evidenced by tax exemption #60-2211419753 C. No sales or use tax shall be included or charged with Annual Rent. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY Section 3.01 Use of Premises. The Premises shall be used for the establishment and operation of the 4- H_ Community Garden Program. County shall not use, permit, or suffer the use of the Premises for any other purpose whatsoever without the prior written consent of Landlord which consent shall not be unreasonably withheld. County's obligations under this Lease are contingent upon such use of the Premises being in compliance with all applicable zoning laws, rules, and regulations affecting the Premises. Section 3.02 Conduct. County shall not commit waste upon the Premises, nor maintain, commit, or permit the maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose. County acknowledges that its employees and the Premises shall, throughout the Term ofthis Lease, be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations respecting the use and occupancy of the Premises, provided County shall not be required to make alterations, additions, or improvements to the Premises in order to conform therewith. Section 3.03 Hazardous Substances. County shall comply with all applicable Federal, State and local laws, regulations and ordinances protecting the environment and natural resources and regulating hazardous substances. 3 Section 3.04 Surrender of Premises. Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and expense, shall remove County's personal property and removable fixtures and equipment from the Premises, and shall surrender the Premises to the Landlord. Upon surrender of the Premises, title to any Alterations shall vest in Landlord. ARTICLE IV ALTERATION OF LEASED PREMISES Section 4.01 Landlord's Work. Landlord shall not be obligated or required to perform any improvements whatsoever to the Property. Section 4.02 (a)(I) County's Work. County shall be entitled to make alterations, improvements, or additions to the Premises consistent with the use as a community garden program, (hereinafter, collectively' Alterations") at its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on the Premises by County, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord, such Alterations being nevertheless subject to each and every provision ofthis Lease. All work done by County in connection with any Alterations, repairs, and maintenance on the Premises shall be done in a good and workmanlike manner. (a)(2) City's Work City shall be entitled to make Alterations with respect to the installation of irrigation and irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all City's Alterations installed on the Premises by city, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit and convenience of City, and not for the benefit of Landlord, such Alterations being nevertheless subject to each and every provision ofthis Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on the Premises shall be done in a good and workmanlike manner. Landlord shall not be liable for accidents caused by said improvements or accidents caused by increased activity on the Premises due to the Community Garden Program. (b) Construction Liens. Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter 713, Part I, in the construction of any improvements to the Premises and shall obtain a public construction performance bond in accordance with Florida Statutes section 255.05, if required by such statute. In the event a construction lien is filed against the Premises in connection with any 4 work performed by or on behalf of the Landlord or County, the party performing such work shall promptly cause such lien to be removed from the Premises. ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of County. County shall, at all times during the Term of this Lease, and at its own cost and expense, repair, replace and maintain in a good, safe and substantial condition, all improvements on the land including any fence that County may install which may surround the Premises and any improvements, additions, and alterations to the Premises, and County shall use all reasonable precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler heads inside the fenced in area is the responsibility of the City pursuant to Section 5.02, County is responsible for the cost of the replacement heads. In the event that the City incurs costs for the replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention of the Director ofthe Cooperative Extension Service at the address set forth in Section 15.04(b). Section 5.02 Responsibility of the City of Boynton Beach. City shall be responsible for and shall maintain the area of the Premises outside the fenced portion of the garden as depicted on Exhibit "B" attached hereto and made a part hereof, and, shall be responsible for the irrigation of the entire Premises. City shall indemnify County, to the extent provided in Article XVI below, in the event that City fails to comply with the obligations contained herein. Section 5.03 Hazardous Substance Indemnification by Landlord Landlord hereby represents and warrants to County that there is not located in, on, upon, over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii) polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited, limited, or regulated by federal, state, county, regional, or local authority. If said substance( s) exist, Landlord shall promptly remove said substance( s) at Landlord's sole cost and expense. County shall be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's own furniture, fixtures, office machines, and equipment. ARTICLE VI INSURANCE Section 6.01 Liability Insurance. County shall, during the entire Term hereof, provide Landlord with a certificate evidencing self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or occurrence and Workers' Compensation insurance covering all employees in accordance with Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by 5 Statute above or below the sums insured against, the County shall provide insurance to the extent of that exposure. Section 6.02 Personal Property. All of County's personal property placed or moved in the Premises shall be at the risk of the County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for any damage to such personal property, except to the extent caused by the Landlord, its agents' , or its employees' willful or negligent acts or omissions. ARTICLE VII DAMAGE OR DESTRUCTION OF PREMISES AND/OR COUNTY'S ALTERATIONS In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty during the Term of this Lease, or any extension thereof, whereby the same shall be rendered untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such casualty. In the event the County elects to terminate this Lease as provided in this Section, the Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County does not exercise its right to terminate this lease due to any such casualty, Landlord shall promptly commence restoration of the Premises and diligently pursue such restoration to completion using materials of like kind and quality or better. The rental due hereunder relating to the portion ofthe Premises render untenable shall be abated from the date of such casualty until completion of such restoration. ARTICLE VIII UTILITIES AND SERVICES Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been paid in full at the commencement of this Lease. County shall be solely responsible for and promptly pay directly to the utility company or the provider of such service all charges or assessments for gas, electricity, trash collection and removal and any other utility used or consumed by County. Landlord shall not be liable for an interruption or failure in the supply of such service to the Premises resulting from a failure of the utility company to provide service to the Premises. City shall be responsible and pay for all water charges for water used or consumed in the operation of this Lease. ARTICLE IX ASSIGNMENT AND SUBLETTING County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor sublet all or any portion of the Premises, without Landlord's prior written consent, which shall not be unreasonably withheld. In the event of an approved assignment, County shall be released from any 6 further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by Landlord shall be subject to the terms of this Lease Agreement. ARTICLE X DEFAULT Section 10.01 Default by County. The occurrence of anyone or more of the following shall constitute an Event of Default by County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements, covenants, or conditions contained in this Lease on County's part to be performed or observed for more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or process of law. If any Event of Default occurs, then, at any time thereafter while the Event of Default continues, Landlord shall have the right to give County notice that Landlord intends to terminate this Lease upon a specified date not less than thirty (30) days after the date notice is received by County, and this Lease shall then expire on the date specified as if that date had been originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured within such period or within a reasonable period thereafter if the same cannot be cured within such period and County undertake such cure within such period and the Landlord is so notified, this Lease will continue. Section 10.02 Default by Landlord. Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day period, Landlord shall be entitled to a reasonable period of time under the circumstances in which to cure said default, provided that Landlord diligently proceeds with the curing of the default. In the event that the default is not cured by Landlord within the foregoing time period, County, at County's option, may either cure said default and Landlord shall reimburse County for all expenses incurred by County in doing so, or County may give to the Landlord a thirty (30) days notice specifying that the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty (30) day period, this Lease and all obligations of County hereunder shall terminate and County shall thereupon be relieved of all further obligations hereunder. ARTICLE XI ACCESS BY LANDLORD Landlord and Landlord's agents and employees shall have the right to enter upon the Premises at all reasonable times to examine the same, and to make any repairs which may be required or permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice 7 prior to exercising such right except in an emergency in which event no notice shall be required and shall exercise such right in a manner which minimizes the impact upon County's use ofthe Premises. ARTICLE XII ANNUAL BUDGETARY FUNDING/CANCELLATION This Agreement and all obligations of County hereunder are subject to and contingent upon annual budgetary funding by the Board of County Commissioners of Palm Beach County. Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder are subject to and contingent upon annual budgetary funding by the City of Boynton Beach Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be relieved of all further obligations hereunder arising subsequent to such termination. ARTICLE XIII QUIET ENJOYMENT Upon the observance and performance of all the covenants, terms, and conditions on County's part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised and any extensions thereof without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through, or under the Landlord, subject, nevertheless, to the terms and conditions of this Lease. ARTICLE XIV CONDEMNATION If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in lieu of condemnation for public or quasi public use, the entire compensation or award therefore, including any severance damages, shall be apportioned between Landlord and County in proportion to the value of their respective interests and the rent shall be recalculated effective upon the date of vesting of title in the condemning authority to reflect the reduction in the Premises. County shall also be entitled to receive compensation for the value of any Alterations or other improvements made by County to the Premises and moving expenses. In addition, County may elect to terminate this Lease in which event this Lease shall terminate effective as of the date title is vested in the condemning authority, whereupon the parties shall be relieved of all further obligations occurring subsequent to the date of termination other then those relating to apportionment of the compensation for such condemnation. In the event the County elects to terminate this Lease as provided in this Article, the Rent payable hereunder shall be prorated to the date of termination. County will be allowed not less than sixty (60) days notice to remove its property from the Premises. 8 ARTICLE XV MISCELLANEOUS Section 15.01 Waiver, Accord and Satisfaction. The waiver by Landlord of any default of any term, condition, or covenant herein contained shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or any other term, condition, or covenant herein contained. The consent or approval by Landlord to or of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent similar act by County. Section 15.02 Public Entity Crimes. As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord nor employees, who will perform hereunder, have been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) month period immediately preceding the Effective Date ofthe Term ofthis Lease. This certification is required pursuant to Florida Statues 287.133 (3)(a). Section 15.03 Entire Agreement. This Lease and any Exhibits attached hereto constitute all agreements, conditions, and understandings between Landlord and County concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or County unless reduced to writing and signed by them. Section 15.04 Notices. All notices, consents, approvals, and elections (collectively, "notices") to be given or delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall be the date of delivery of the notice ifby personal delivery, courier services, or national overnight delivery service, or on the date of transmission with confirmed answer back if telecopier or fax, if transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or on a non-business day, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: 9 (a) If to the Landlord at: Marwan Ghali 9333 Laurel Green Drive Boynton Beach, Fl. 33437-3319 Fax 561- Suhair Ghali 9327 Laurel Green Drive Boynton Beach, Fl. 33437 Fax 561- (b) If to the County at: Palm Beach County Cooperative Extension Service 559 North Military Trail West Palm Beach, Florida 33415 Attn: Audrey Norman Fax 561-233-1761 with a copy to: Property and Real Estate Management Division Attn: Director 3200 Belvedere Road, Building 1169 West Palm Beach, FL 33406-1544 Fax 561-233-0210 Telephone 561-233-0217 (c) If to the City at: City of Boynton Beach 100 E Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Fl. 33425-0310 Attn.: Dan DeCarlo, Director of Development Fax 561-742-6285 Any party may from time to time change the address to which notice under this Lease shall be given such party, upon three (3) days prior written notice to the other parties. Section 15.05 Brokers' Commission. Each of the parties represents and warrants to the other that they have not dealt with any real estate salesperson, agent, finder, or broker in connection with this Lease. Section 15.06 Severability. If any term of this Lease, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to 10 persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. Section 15.07 Captions. The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. Section 15.08 Recording. County shall be entitled to record this Lease or a Memorandum of Lease in the public records of Palm Beach County for the purpose of providing public notice of County's interest in the Premises. Section 15.09 Waiver of Jury Trial. THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER IN CONNECTION WITH THIS LEASE. Section 15.10 Governing Law and Venue. This Lease shall be governed by and interpreted according to the laws ofthe State of Florida and venue shall be in a state court of competent jurisdiction in Palm Beach County. Section 15.11 Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. Section 15.12 Benefit and Binding Effect. This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives, and assigns of the parties hereto. Section 15.13 Radon. 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 County's public health unit. Section 15.14 Non-Exclusivity of Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 11 Section 15.15 Non-Discrimination. The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance ofthis Agreement. Section 15.16 Construction. No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not effect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 15.17 Incorporation by References. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. Section 15.18 Effective Date of Agreement. This Agreement is expressly contingent upon the approval ofthe Palm Beach County Board of County Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners. ARTICLE XVI INDEMNITY Landlord shall protect, defend, reimburse and indemnify and hold harmless County and the City, their agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind and character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of Landlord. County acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the County to recover damages in tort for money damages up to the amounts set forth in such statute for injury or loss of property, personal injury, or death caused by the negligence or wrongful act or omission of an employee of County while acting within the scope of the employee's office or employment under such circumstances in which the County, if a private person, would be liable under the general laws of this State. 12 ,all be liable for its own actions and negligence and shall indemnify and hold harmless th(~ainst any actions, claims, or damages arising out of City's negligent, willful or intC'l~' , .ts or omissions in connection with this Lease. The foregoing indemnification shall not contiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. n shall the same be construed to constitute agreement by the City to indemnify the County for COUilty :) negligence, willful, or intentional acts or omissions. (REMAINDF;R OF PAGE INTENTIONALLY LEFT BLANK) 13 IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or have caused the same to be executed, as of the day and year first above written. '- WITNESS: LANDLORD: ~~ ~ Witness Signature \ ~~0\ GE\lA ~~~ Witness Signature / / ~~ ~,~( Suhair Ghali ~'-~\ c ~eCb~~ Print Witness Name WITNESS: SHARON R. BOCK, CLERK & COMPTROLLER COUNTY: PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida By: By: Tony Masilotti, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: Assistant County Attorney By: Department Director 14 CITY OF BOYNTON BEACH ATTEST: By: Mayor City Clerk APPROVED AS TO FORM: Office of the City Attorney Signed and delivered in the presence of: Witness Name Print Witness Name Witness Name Print Witness Name STATE OF FLORIDA COUNTY OF PALM BEACH day of 2005, before me personally , personally known to me or who produced as identification and who did ( ) did not ( ) take an oath and who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein. I HERBY CERTIFY that on this appeared Notary Public, State of Florida Print Name Commission No. My Commission Expires: 15 SCHEDULE OF EXHIBITS EXHIBIT "A" - LEGAL DESCRIPTION OF THE PROPERTY EXHIBIT "B" - PROPERTY SKECTCH-AREA OF CITY RESPONSIBILITY 16 EXHIBIT" A" LEGAL DESCRIPTION OF THE "PROPERTY" THE WEST 39' OF LOT 12, LESS SOUTH 20' AND A TRIANGULAR PART FOR ROAD RIGHT-Of-WAY, BLOCK 1, FRANK WEBBER ADDITION TO BOYNTON, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 9, PAGE 3 AS RECORDED IN OFFICIAL RECORD BOOK 8303, PAGE 692 OF THE RECORDS OF PALM BEACH COUNTY, FLORIDA. PROPERTY CONTROL NO. 08-43-45-21-25-001-0121 17 ... \' EXHIBIT "B" PROPERTY SKETCH-AREA OF CITY RESPONSffiILITY / / 7- ;/. / / / / . '/ '/ . ". / / /. / . ~/. /. . /: f /' ... //; / / /. ., , . / <' . /'." ; /. '/., / / / ... - /. './ :V\' /, 1 / /' -_. ../ ./. !j;' ... ,..;~ /,:;/. . -- . ,_/ . /' , ;_. '.'._ /~_. i. L / ; ~ ;4; ; "/&.f:ST . .. ., .,' ..1, /.. " / .'. . ';~l __,.~. . _ ,::~! .L,/ ~..'...;f :~ .../; /" / / . 'Ib-' .../'.. .~:. .~. /'.. / . / . ' /: IV / .~ ";"/.,,'./ /:-:/. /.. 7: ;/ / / // ./ - .~.' / '/ / / .... . . /. ~3"/ / -/ -.. ..../ ./.. , 7 i I i , I I . ,oOH .lj. Ft :'L. . ./ i ? / /. / / /_. / -/-/ /1 ' / / /./ 7 / / / ../..... /. / . ,/ /: . // :/ / // / / . (!<. NPr-I2.-tIN,LII1tteR f4/V' JR.,'BLvD .' '7 6 I P-TMA f'J 4 GtiAtl . P~{)P~p..Tii'~ . -- . N :-,-.f' &1= APEAof , .c'1"1 Q~SPoN$fBfLtt1 c= A12Eto. Or covt-J"ti R.ESPoN>H~IL'Ti ******************************************************************************** LEASE AGREEMENT between BLANCHE H. GIRTMAN (Landlord) and PALM BEACH COUNTY, FLORIDA (County) and THE CITY OF BOYNTON BEACH (City) ****************************************************************************** GIProperty Mgmt Seetion\Out Lease\Coop Extension SVC\Lease. City Boynton Beach Gir1rnan HF Approved Revised 04.25.06.doe LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into , by and between BLANCHE H. GIRTMAN property owner, hereinafter referred to as "Landlord" of912 N. W. 3 rd Street, P.O. Box 1552, Boynton Beach, Florida 33425-1552, whose Social Security Number is 000-00-0767, and PALM BEACH COUNTY, FLORIDA, a political subdivision ofthe State of Florida, on behalf of the Cooperative Extension Services Department, hereinafter referred to as "County", and the CITY OF BOYNTON BEACH, a municipal corporation, hereinafterreferred to as "City". WIT N E SSE T H: WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida, located at North Seacrest Boulevard, Boynton Beach, Florida 33436" which property is legally described in Exhibit "A" attached hereto and by reference made a part hereof (the "Property"); and WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose of developing community gardens through County's 4-H Youth Development Program_; and WHEREAS, City has agreed to assume the responsibility for maintenance of certain areas of the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property Sketch-Area of City Responsibility"), leased by Landlord to the County; and WHEREAS, Landlord is willing to lease the Property to the County for the purposes hereinafter defined. NOW THEREFORE, in consideration of the rents, covenants, and agreements hereinafter reserved and contained on the part of the County and City to be observed and performed, the Landlord demises and leases to County, and the County rents from Landlord the Property upon the following terms and conditions: ARTICLE I BASIC LEASE PROVISIONS Section 1.01 Premises. The Premises subject to this Lease shall consist of the Property together with any improvements now existing or constructed hereinafter thereon. 2 Section 1.02 Length of Term and Commencement Date. The term of this Lease shall commence on the February 5, 2005 (the "Commencement Date"), and shall extend for a period of one (1) year thereafter (the "Term"), unless sooner terminated pursuant to the provisions of this Lease. The term of this Lease shall be automatically renewed for successive one (1) year periods unless either the County or Landlord provides the other party with notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of the current Term of this Lease. Additionally, either County, City or Landlord may cancel this Lease for any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon the parties shall be relieved of all further obligations hereunder. ARTICLE II RENT Section 2.01 Annual Rent. County shall pay Landlord for the use and occupancy of the Premises an annual gross rental of One Dollar($1.00). This Lease is intended to be a "gross" lease and County's obligations hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to the Landlord at the address specified in Section 15.04 herein. Section 2.02 Payment. County is a tax-exempt entity as is evidenced by tax exemption #60-2211419753 C. No sales or use tax shall be included or charged with Annual Rent. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY Section 3.01 Use of Premises. The Premises shall be used for the establishment and operation of the 4- H Community Garden Program.:. County shall not use, permit, or suffer the use of the Premises for any other purpose whatsoever without the prior written consent of Landlord which consent shall not be unreasonably withheld. County's obligations under this Lease are contingent upon such use ofthe Premises being in compliance with all applicable zoning laws, rules, and regulations affecting the Premises. Section 3.02 Conduct. County shall not commit waste upon the Premises, nor maintain, commit, or permit the maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose. County acknowledges that its employees and the Premises shall, throughout the Term ofthis Lease, be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations respecting the use and occupancy of the Premises, provided County shall not be required to make alterations, additions, or improvements to the Premises in order to conform therewith. 3 Section 3.03 Hazardous Substances. County shall comply with all applicable Federal, State and local laws, regulations and ordinances protecting the environment and natural resources and regulating hazardous substances. Section 3.04 Surrender of Premises. Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and expense, shall remove County's personal property and removable fixtures and equipment from the Premises, and shall surrender the Premises to the Landlord. Upon surrender ofthe Premises, title to any Alterations shall vest in Landlord. ARTICLE IV ALTERATION OF LEASED PREMISES Section 4.01 Landlord's Work. Landlord shall not be obligated or required to perform any improvements whatsoever to the Property. Section 4.02 (a)(1) County's Work. County shall be entitled to make alterations, improvements, or additions to the Premises consistent with the use as a community garden program, (hereinafter, collectively' Alterations") at its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on the Premises by County, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord, such Alterations being nevertheless subject to each and every provision of this Lease. All work done by County in connection with any Alterations, repairs, and maintenance on the Premises shall be done in a good and workmanlike manner. (a)(2) City's Work. City shall be entitled to make Alterations with respect to the installation of irrigation and irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all City's Alterations installed on the Premises by City, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit and convenience of City, and not for the benefit of Landlord, such Alterations being nevertheless subject to each and every provision of this Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on the Premises shall be done in a good and workmanlike manner. Landlord shall not be liable for accidents caused by said improvements or accidents caused by increased activity on the Premises due to the Community Garden Program. 4 (b) Construction Liens. Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter 713, Part I, in the construction of any improvements to the Premises and shall obtain a public construction performance bond in accordance with Florida Statutes section 255.05, ifrequired by such statute. In the event a construction lien is filed against the Premises in connection with any work performed by or on behalf of the Landlord or County, the party performing such work shall promptly cause such lien to be removed from the Premises. ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of County. County shall, at all times during the Term of this Lease, and at its own cost and expense, repair, replace and maintain in a good, safe and substantial condition, all improvements on the land including any fence that County may install which may surround the Premises and any improvements, additions, and alterations to the Premises, and County shall use all reasonable precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler heads inside the fenced in area is the responsibility of the City pursuant to Section 5.02, County is responsible for the cost of the replacement heads. In the event that the City incurs costs for the replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention of the Director ofthe Cooperative Extension Service at the address set forth in Section 15.04(b). Section 5.02 Responsibility of the City of Boynton Beach. City shall be responsible for and shall maintain the area of the Premises outside the fenced portion of the garden as depicted on Exhibit "B" attached hereto and made a part hereof, and, shall be responsible for the irrigation of the entire Premises. City shall indemnify County, to the extent provided in Article XVI below, in the event that City fails to comply with the obligations contained herein. Section 5.03 Hazardous Substance Indemnification by Landlord Landlord hereby represents and warrants to County that there is not located in, on, upon, over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii) polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited, limited, or regulated by federal, state, county, regional, or local authority. If said substance(s) exist, Landlord shall promptly remove said substance( s) at Landlord's sole cost and expense. County shall be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's own furniture, fixtures, office machines, and equipment. 5 ARTICLE VI INSURANCE Section 6.01 Liability Insurance. County shall, during the entire Term hereof, provide Landlord with a certificate evidencing self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand Dollars ($ I 00,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or occurrence and Workers' Compensation insurance covering all employees in accordance with Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by Statute above or below the sums insured against, the County shall provide insurance to the extent of that exposure. Section 6.02 Personal Property. All of County's personal property placed or moved in the Premises shall be at the risk of the County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for any damage to such personal property, except to the extent caused by the Landlord, its agents', or its employees' willful or negligent acts or omissions. ARTICLE VII DAMAGE OR DESTRUCTION OF PREMISES AND/OR COUNTY'S AL TERA TIONS In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty during the Term ofthis Lease, or any extension thereof, whereby the same shall be rendered untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such casualty. In the event the County elects to terminate this Lease as provided in this Section, the Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County does not exercise its right to terminate this lease due to any such casualty, Landlord shall promptly commence restoration of the Premises and diligently pursue such restoration to completion using materials oflike kind and quality or better. The rental due hereunder relating to the portion of the Premises render untenable shall be abated from the date of such casualty until completion of such restoration. ARTICLE VIII UTILITIES AND SERVICES 6 Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been paid in full at the commencement of this Lease. County shall be solely responsible for and promptly pay directly to the utility company or the provider of such service all charges or assessments for gas, electricity, trash collection and removal and any other utility used or consumed by County. Landlord shall not be liable for an interruption or failure in the supply of such service to the Premises resulting from a failure of the utility company to provide service to the Premises. City shall be responsible and pay for all water charges for water used or consumed in the operation of this Lease. ARTICLE IX ASSIGNMENT AND SUBLETTING County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor sublet all or any portion ofthe Premises, without Landlord's prior written consent, which shall not be unreasonably withheld. In the event of an approved assignment, County shall be released from any further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by Landlord shall be subject to the terms of this Lease Agreement. ARTICLE X DEFAULT Section 10.01 Default by County. The occurrence of anyone or more of the following shall constitute an Event of Default by County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements, covenants, or conditions contained in this Lease on County's part to be performed or observed for more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or process of law. If any Event of Default occurs, then, at any time thereafter while the Event of Default continues, Landlord shall have the right to give County notice that Landlord intends to terminate this Lease upon a specified date not less than thirty (30) days after the date notice is received by County, and this Lease shall then expire on the date specified as if that date had been originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured within such period or within a reasonable period thereafter if the same cannot be cured within such period and County undertake such cure within such period and the Landlord is so notified, this Lease will continue. Section 10.02 Default by Landlord. Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day 7 period, Landlord shall be entitled to a reasonable period of time under the circumstances in which to cure said default, provided that Landlord diligently proceeds with the curing of the default. In the event that the default is not cured by Landlord within the foregoing time period, County, at Count)ls option, may either cure said default and Landlord shall reimburse County for all expenses incurred by County in doing so, or County may give to the Landlord a thirty (30) days notice specifYing that the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty (30) day period, this Lease and all obligations of County hereunder shall terminate and County shall thereupon be relieved of all further obligations hereunder. ARTICLE XI ACCESS BY LANDLORD Landlord and Landlord's agents and employees shall have the right to enter upon the Premises at all reasonable times to examine the same, and to make any repairs which may be required or permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice prior to exercising such right except in an emergency in which event no notice shall be required and shall exercise such right in a manner which minimizes the impact upon County's use of the Premises. ARTICLE XII ANNUAL BUDGETARY FUNDING/CANCELLATION This Agreement and all obligations of County hereunder are subject to and contingent upon annual budgetary funding by the Board of County Commissioners of Palm Beach County. Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder are subject to and contingent upon annual budgetary funding by the City of Boynton Beach Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be relieved of all further obligations hereunder arising subsequent to such termination. ARTICLE XIII QUIET ENJOYMENT Upon the observance and performance of all the covenants, terms, and conditions on Count)ls part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised and any extensions thereof without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through, or under the Landlord, subject, nevertheless, to the terms and conditions of this Lease. ARTICLE XIV CONDEMNATION 8 If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in lieu of condemnation for public or quasi public use, the entire compensation or award therefore, including any severance damages, shall be apportioned between Landlord and County in proportion to the value of their respective interests and the rent shall be recalculated effective upon the date of vesting of title in the condemning authority to reflect the reduction in the Premises. County shall also be entitled to receive compensation for the value of any Alterations or other improvements made by County to the Premises and moving expenses. In addition, County may elect to terminate this Lease in which event this Lease shall terminate effective as of the date title is vested in the condemning authority, whereupon the parties shall be relieved of all further obligations occurring subsequent to the date of termination other then those relating to apportionment of the compensation for such condemnation. In the event the County elects to terminate this Lease as provided in this Article, the Rent payable hereunder shall be prorated to the date of termination. County will be allowed not less than sixty (60) days notice to remove its property from the Premises. ARTICLE XV MISCELLANEOUS Section 15.01 Waiver, Accord and Satisfaction. The waiver by Landlord of any default of any term, condition, or covenant herein contained shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or any other term, condition, or covenant herein contained. The consent or approval by Landlord to or of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent similar act by County. Section 15.02 Public Entity Crimes. As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord nor employees, who will perform hereunder, have been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) month period immediately preceding the Effective Date of the Term of this Lease. This certification is required pursuant to Florida Statues 287.133 (3)(a). Section 15.03 Entire Agreement. This Lease and any Exhibits attached hereto constitute all agreements, conditions, and understandings between Landlord and County concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or County unless reduced to writing and signed by them. Section 15.04 Notices. All notices, consents, approvals, and elections (collectively, "notices") to be given or delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service 9 (provided in each case a receipt is obtained),telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall be the date of delivery of the notice ifby personal delivery, courier services, or national overnight delivery service, or on the date of transmission with confirmed answer back if transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or on a non-business day, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: (a) If to the Landlord at: Blanche H. Girtman 912 N. W. 3rd Street P. O. Box 1552 Boynton Beach, Fl. 33425-1552 Fax 561- (b) If to the County at: Palm Beach County Cooperative Extension Service 559 North Military Trail West Palm Beach, Florida 33415 Attn: Audrey Norman Fax 561-233-1761 with a copy to: Property and Real Estate Management Division Attn: Director 3200 Belvedere Road, Building 1169 West Palm Beach, FL 33406-1544 Fax 561-233-0210 Telephone 561-233-0217 (c) If to the City at: City of Boynton Beach 100 E Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Fl. 33425-0310 10 Attn.: Dan DeCarlo, Director of Development Fax 561-742-6285 Any party may from time to time change the address to which notice under this Lease shall be given such party, upon three (3) days prior written notice to the other parties. Section 15.05 Brokers' Commission. Each of the parties represents and warrants to the other that they have not dealt with any real estate salesperson, agent, finder, or broker in connection with this Lease. Section 15.06 Severability. If any term of this Lease, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. Section 15.07 Captions. The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. Section 15.08 Recording. County shall be entitled to record this Lease or a Memorandum of Lease in the public records of Palm Beach County for the purpose of providing public notice of County's interest in the Premises. Section 15.09 Waiver of Jury Trial. THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER IN CONNECTION WITH THIS LEASE. Section 15.10 Governing Law and Venue. This Lease shall be governed by and interpreted according to the laws ofthe State of Florida and venue shall be in a state court of competent jurisdiction in Palm Beach County. Section 15.11 Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. Section 15.12 Benefit and Binding Effect. This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives, and assigns of the parties hereto. 11 Section 15.13 Radon. 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 County's public health unit. Section 15.14 Non-Exclusivity of Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 15.15 Non-Discrimination. The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. Section 15.16 Construction. No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not effect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 15.17 Incorporation by References. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. Section 15.18 Effective Date of Agreement. This Agreement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners. ARTICLE XVI INDEMNITY Landlord shall protect, defend, reimburse and indemnify and hold harmless County and the City, their agents, employees and elected officers harmless from and against all claims, liability, 12 expense, loss, cost, damages or causes of action of every kind and character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of Landlord. County acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the County to recover damages in tort for money damages up to the amounts set forth in such statute for injury or loss of property, personal injury, or death caused by the negligence or wrongful act or omission of an employee of County while acting within the scope of the employee's office or employment under such circumstances in which the County, if a private person, would be liable under the general laws of this State. City shall be liable for its own actions and negligence and shall indemnify and hold harmless the County against any actions, claims or damages arising out of City's negligent, willful or intentional acts or omissions in connection with this Lease. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by the City to indemnify the County for County's negligence, willful, or intentional acts or omissions. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 13 IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or have caused the same to be executed, as of the day and year first above written. WITNESS: LANDLORD: &~7/~ f. BLANCHE H. GIR~MAN .~~ C~eGI ~ 00 Witness Signature .~O{'\,~ <2- ~ Ckrl C'I Print Witness Name Witness Signature Print Witness Name WITNESS: SHARON R. BOCK CLERK & COMPTROLLER COUNTY: PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida By: By: Tony Masilotti, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: Assistant County Attorney By: Department director 14 CITY OF BOYNTON BEACH ATTEST: By: Mayor City Clerk APPROVED AS TO FORM: Office of the City Attorney Signed and delivered in the presence of: Print Witness Name Print Witness Name STATE OF FLORIDA COUNTY OF PALM BEACH day of 2005, before me personally , personally known to me or who produced as identification and who did ( ) did not ( ) take an oath and who executed the foregoing instrument and acknowledged before that he executed the same for the purposes therein. I HERBY CERTIFY that on this appeared Notary Public, State of Florida Print Name Commission No. My commission Expires: 15 SCHEDULE OF EXHIBITS EXHIBIT "A" - LEGAL DESCRIPTION OF THE PROPERTY EXHIBIT "B" - PROPERTY SKECTCH-AREA OF CITY RESPONSIBILITY 16 EXHIBIT "A" LEGAL DESCRIPTION OF THE "PROPERTY" LOT 11, AND EAST 11 FEET OF LOT 12, FRANK WEBBER ADDITION TO BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF TH E { LERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 9, PAGE 3, AS RECORDED IN OFFICIAL RECORD BOOK 788, PAGE 389, OF THE RECORDS OF PALM BEACH COUNTY, FLORIDA. PROPERTY CONTROL NO. 08-43-45-21-25-001-0110 17 / .u --._ N . j ---of, / /. / , \ EXHIBIT "B" PROPERTY SKETCH-AREA OF CITY RESPONSIBILITY -- i / / / / / / . / / '_./ / / / / '/.. /. ./. / /' "T /-.././ / . : / /. /' . '/ /.-' - /- -. _. . / / / , / . - /- -- . / / /. / V\ ' \ , ; ~. . : \ -/ / .~ '.// - / ,.'b:. '//' ,- ..~~,-; .. /-.. ,{ - / ::4-.: ,1&.1.5 / .- /. /-/ ,,:".' ..L. / 'r- . ',l1l '.n -- / .. ...s 'n_ ../ '. :~: 'c./. / ~:-/ //. /: :/ / 'n ____ _ :~. _ .---;) n '/ / ; / -/ / / lj~ Ft y . j ; i : ; /-/ / / / / /./ / / / / // / // /' -. / /' / / / / / / / / / / /. /' . / / / '13' / / / / ./ . /' / /. 7 / / . . . ~. NA-P-7IN Ll/iTteR f<qfVG :II€- BLvD 17 61 P-TMAN ~ Gtf.ALI pt<QPe P-TI.eS VI.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5, 2005 March 14,2005 (Noon,) 0 June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) [gI June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5,2005 (Noon) NATURE OF AGENDA ITEM - - C"') ._-; Cil ::~-< 0 Administrative 0 Development Plans L._ ~'~" (:1 c: ,.., -'1 [gI Consent Agenda 0 New Business \.~-~) V :C-:-J 0 Public Hearing 0 Legal r"') 0 Bids 0 Unfinished Business ,-~ -~ l.._,= 0 Announcement 0 Presentation ---"1 ~,.t~ W 0 City Manager's Report (...J --1', J> c;:.) C) ::c RECOMMENDATION: Approve Resolution XX-XXX that requires that wind load design standards for any and all future municipal buildings and structures be designed according to Exposure C of the American Society of Civil Engineers (ASCE) publication titled Minimum Design Loadsfor Buildings and Structures, ASCE 7-98. EXPLANATION: As a result oflast Fall's busy hurricane season, City staff has been requested to evaluate design standards for municipal buildings and structures. This exercise is intended to determine if it is desirable from a policy perspective to fortify future City buildings and structures to better withstand hurricanes. As a local governing body, the City of Boynton Beach provides many services to the community. A number of these services are critical to the safety and well being of our residents. The Florida Building Code (FBC) provides guidance relative to design standards for all buildings and structures that are designed and constructed in the State of Florida. The FBC also guides the structural and wind load design of facilities that are specially designated as "essential facilities". The FBC requires that all essential facilities be assigned an Importance Factor of 15% such that the wind load design is 15% greater than what the Code would otherwise require. The FBC identifies the following essential facilities: 1. Hospital and other medical facilities having surgery or emergency treatment areas 2. Fire or rescue and police stations 3. Primary communication facilities and disaster operation centers 4. Power stations and other utilities required in an emergency Obviously, the City operates a number of facilities that, both now and in the future, are classified as essential facilities. Therefore, according to the FBC, all future City facilities in these categories would be designed with the 15% importance factor. However, it is staffs opinion that other future City facilities should also be designed and constructed to a more rigid set of standards. Each and every facility provides a valued community service. For example, Recreation buildings may be in demand to support other City response activities following a catastrophic hurricane event. Furthermore, it is desirable to continue City "business as usual" following a storm event. By returning to normal City services as quickly as possible, we would have a positive impact on our residents. S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM As noted, the FBC requires that certain buildings and structures to be considered as essential facilities. Whereas the City cannot extend the defmition of essential facilities to other private structures, we can certainly impart this definition onto all City facilities if we so choose and thereby increase their design requirements in the future. There is however, an even more stringent design standard than the designation of essential facility. Chapter 1601 (Structural) and Chapter 1606 (Wind Load) of the FBC both refer to the American Society of Civil Engineers (ASCE) publication titled Minimum Design Loadsfor Buildings and Structures, ASCE 7-98. The FBC incorporates design standards of ASCE 7-98. The most stringent design parameter is for those structures located within 1,500 feet of the coastline and with specified wind speeds during three-second gusts. The standard is applied to various types of architectural design. The correct terminology for this zone is Exposure C. Design parameters for Exposure C consider wind loads at various heights above ground level. The design standards for Exposure C are fairly comprehensive and well understood by the engineering profession. Therefore, if the City Commission believes it appropriate to ensure enhanced design of future City facilities, then Staff recommends that all facilities be designed to meet the standards identified in ASCE 7-98, Exposure C. PROGRAM IMP ACT: Future City facilities and structures would be designed to withstand more severe wind loads based upon specific architectural/structural design. This will likely allow City services to continue following more severe hurricane storm events. FISCAL IMP ACT: It is fairly difficult to identify increased costs associated with using more stringent design standards because each facility will be designed differently to serve a multitude of services. Staff has discussed this with one of the City's architectural consultants and we have determined that the added cost to enhance the structural strength as proposed will vary from 10% to 25% greater than the normal cost. Therefore, should the City decide in the future to design and build a new facility with an estimated cost of$5.0M, then the proposed design change would add an additional $500,000 to $l.OM to the design and construction cost. ALTERNATIVES: The existing Florida Building Code has very strict wind load design standards as it is. The City can choose to utilize the essential facility classification for all City buildings. This would increase the cost of those building by somewhere between 5% and 15%, again depending upon the architectural/structural design. The City is not required to use Exposure C of ASCE 7-98 in any scenario. Therefore, the City Commission can choose to continue to use the Florida Building Code;' ourrently writteu and ,till adhere to "'5OTIable and ao"""J2:" ,tandanls. I ,/, ~ City Manager's Signature Public Works & Engineering City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 RESOLUTION NO. 05- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, SUPPORTING THE 5 REQUIREMENT THAT ALL FUTURE 6 MUNICIPAL BUILDINGS AND STRUCTURES 7 SHALL BE DESIGNED TO WITHSTAND WIND 8 LOADS IDENTIFIED IN ASCE 7-98, EXPOSURE 9 C; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, during 2004, the City of Boynton Beach, and much of Florida, 13 was subjected to damaging hurricane force winds, and 14 WHEREAS, it is desirable to ensure that City facilities are constructed in a 15 superior manner in order to survive future hurricanes; and 16 WHEREAS, the City of Boynton Beach operates numerous public facilities that 17 serve the needs of the community and are designated as essential facilities by the Florida 18 Building Code; and 19 WHEREAS, The Florida Building Code provides guidance relative to design 20 standards for building construction in the State of Florida; and 21 WHEREAS, the Florida Building Code makes reference to structural and wind 22 load design standards in the American Society of Civil Engineers (ASCE) publication 23 titled Minimum Design Loads for buildings and Structures, ASCE 7-98; and 24 WHEREAS, the Florida Building Code and ASCE standards provide guidance 25 towards construction standards for municipal facilities as well; and 26 WHEREAS, the City Commission has determined that it is in the best interests of 27 the public health, safety, and welfare to support the requirement that all future municipal 28 buildings and structures constructed by the City of Boynton Beach shall be designed to 29 withstand wind loads identified in ASCE 7-98, Exposure C. :\CA\RESO\Wind Load Buildings,doc NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 3 Section 1. Each Whereas clause set forth above is hereby ratified as being true 4 and correct and incorporated herein by this reference. 5 Section 2. The City Commission of the City of Boynton Beach acknowledges 6 and approves the requirement that all future municipal buildings and structures 7 constructed by the City of Boynton Beach shall be designed to withstand wind loads 8 identified in ASCE 7-98, Exposure C. This policy shall apply only to new facilities that 9 have not entered the design phase as ofthe date of ratification ofthis Resolution. 10 Section 3. This Resolution shall take effect immediately upon passage. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 PASSED AND ADOPTED this _ day of ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\RESO\Wind Load Buildings,doc VI.-CONSENT AGENDA ITEM C.8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon,) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) rgJ June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF rgJ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Authorize by resolution, the City Manager, Kurt Bressner, to apply for and execute agreements and documents associated with the Urban and Community Forestry Program grant on behalf of the City of Boynton Beach. EXPLANATION: In response to the hurricanes, Congress passed legislation on October 13,2004, to provide the US Forest Service with grant funds for affected communities to mitigate the effect of recent hurricanes and other weather-related events, and to reduce potential damage from future stonns, Under the Urban and Community Forestry Program, applicants can receive 75% cost-share funds for urban tree management activities that have been initiated since October 13, 2004, or will be carried out during the next two years. Activities that have been reimbursed from either FEMA or other state or federal sources are not eligible. A resolution authorizing the City Manager to apply for and execute agreements and documents associated with the Urban and Community Forestry program grant is an application requirement. The grant will be used to reimburse the City for costs associated with replacing trees that were severely damaged or destroyed by the 2004 hurricanes along Federal Highway corridor in the City of Boynton Beach. PROGRAM IMPACT: It is the City's responsibility to properly maintain the landscaping of the Federal Highway corridor. FISCAL IMPACT: The Urban and Community Forestry Program grant provides up to 75 % of the eligible project costs. The Federal Highway corridor reforestation is estimated at $7,740,00. The City is requesting $5,805.00 in grant funds. Matching funds totaling $1,935,00 will be taken from Forestry and Grounds operating budget. d the entire project $7,740.00. ~ City Manager's Signature Public Works Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC I RESOLUTION R05- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 4 OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, 5 AUTHORIZING AND DIRECTING THE CITY MANAGER TO 6 EXECUTE AGREEMENTS AND DOCUMENTS ASSOCIATED 7 WITH THE URBAN AND COMMUNITY FORESTRY GRANT 8 TO REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH 9 REPLACING TREES ALONG FEDERAL HIGHWAY 10 CORRIDOR WHICH WERE SEVERLY DAMAGED BY THE 11 HURRICANE; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, in response to the 2004 hurricanes, Congress passed legislation to 15 provide the US Forest Service with grant funds to mitigate the effect of the recent hurricanes 16 and for urban tree management activities; and 17 WHEREAS, it is the City's responsibility to properly maintain the landscaping of 18 the Federal Highway corridor; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon 20 recommendation of staff, deems it to be in the best interest of the citizens of the City of 21 Boynton Beach to authorize the City Manager to apply for and execute agreements and 22 documents associated with the Urban and Community Forestry Grants program. 23 NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, THAT: 25 26 Section 1: The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 30 authorizes the City Manager to apply for and execute agreements and documents associated S:\CA\RESO\Grants\Forestry Grant (Federal Hwy),doc 1 with the Urban and Community Forestry grant to reimburse the City for costs associated with 2 replacing trees that were severely damaged or destroyed by the 2004 hurricanes along the 3 Federal Highway corridor, a copy of said Agreement attached hereto. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 3: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _ day of June, 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner (Corporate Seal) S:\CA\RESO\Grants\Forestry Grant (Federal Hwy),doc Submit Bids to: Florida Department of Agriculture and Consumer Services 407 South Calhoun Street - Mayo Building, Room SB-8 Tallahassee, FL 32399-0800 CHARLES H. BRONSON COMMISSIONER Telephone: (850) 487-3727 BIDS NO. RFP/DF-04/05-99 Page 1 of ....Q.L Pages AGENCY MAILING DATE: May 4, 2005 WILL BE OPENED JUNE 30, 2005 @ 2:00 P.M. and may not be withdrawn within 90 days after such date and time BID TITLE: NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT 8/1/2005 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM VENDOR NAME AUTHORIZED SIGNATURE (MANUAL) VENDOR MAILING ADDRESS CITY - STATE - ZIP AUTHORIZED SIGNATURE (TYPED) TITLE TELEPHONE: ( ) I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation firm. or person submitting a proposal for the same materials. supplies or equipment. and is in all respects fair and without collusion or fraud, I agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal for the Proposer and that the Proposer is in compliance with all requirements of the Request for Proposal including but not limited to, certification requirements, In submitting a Proposal to an agency for the State of Florida, the Proposer offers and agrees that if the Proposal is accepted, the Proposer will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida, At the State's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Proposer. GENERAL INSTRUCTIONS TO RESPONDENTS 1. Definitions, The definitions found in s. 60A-1,001, FAC, shall apply to this agreement. The following additional terms are also defined: (a) "Buyer" means the entity that has released the solicitation, (b) "Procurement Officer" means the Buye(s contracting personnel, as identified in the Introductory Materials, (c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions, (d) "Response" means the material submitted by the respondent in answering the solicitation, (e) "Timeline" means the list of critical dates and actions included in the Introductory Materials, 2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly, '3. Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures. signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace, The respondent agrees that the action of electronically submitting its response constitutes: an electronic signature on the response. generally, an electronic signature on any form or section specifically calling for a signature. and an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 4. Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: Technical Specifications, Special Conditions. Instructions to Respondents (PUR 1001). General Conditions (PUR 1000). and Introductory Materials, The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response, In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response, *5. Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer, Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline, Questions shall be answered in accordance with the Timeline, NI questions submitted shall be published and answered in a manner that all respondents will be able to view, Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation, Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information, The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buye(s contracting personnel. Questions to the Procurement Officer 1 6. or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions, Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes, Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State, Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates, Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: submitting a bid on a contract to provide any goods or services to a public entity; submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; submitting bids on leases of real property to a public entity; being awarded or performing work as a contractor. supplier, subcontractor. or consultant under a contract with any public entity; and transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287,017 of the Florida Statutes, Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287,134 of the Florida Statutes may not: submit a bid on a contract to provide any goods or services to a public entity; submit a bid on a contract with a public entity for the construction or repair of a public building or public work; submit bids on leases of real property to a public entity; be awarded or perform work as a contractor. supplier, sub- contractor, or consultant under a contract with any public entity; or transact business with any public entity, Respondent's Representation and Authorization. In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so), The respondent is not currently under suspension or debarment by the State or any other governmental authority, To the best ofthe knowledge of the person signing the response. the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, To the best of the knowledge of the person signing the response, the respondent has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract, The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. The prices and amounts have been arrived at independently and without consultation. communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening, The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287,133(1 )(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery. collusion. conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current ernployees who were convicted of contract crimes while in the employ of another company, 7. 8. 9. Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain. or performing a federal, state, or local govemment transaction or public contract; violation offederal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records. making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. The product offered by the respondent will conform to the specifications without exception, The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State, The respondent has made a diligent inquiry of its employees and agents responsible for preparing. approving, or submitting the response. and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response, The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent's preparation of its bid, All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract, Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission ofthe bid, A misrepresentation shall be punishable under law, including. but not limited to, Chapter 817 of the Florida Statutes, 10. Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible, Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery. and capacity of the respondent for the production, distribution, and servicing of the product bid, If the Buyer determines that the conditions of the solicitation documents are not complied with. or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications. financial standing, or facilities are not satisfactory. or that performance is untimely. the Buyer may reject the response or terminate the Contract, Respondent may be disqualified from receiving awards if respondent, or anyone in respondent's employment. has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements, 11. Public Opening. Responses shall be opened on the date ancl at the location indicated on the Timeline. Respondents may, but are not required to. attend, The Buyer may choose not to announce prices or release other materials pursuant to s, 119,07(3)(m), Florida Statutes, Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening, If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TOD), 12. Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated on the Timeline the Buyer shall 2 electronically post a notice of intended award at http://fcn,state,f1,us/owa_vbslowalvbs_www,main_menu, If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award, Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone, 13. Finn Response. The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn, If award is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn, Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected, 14. Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award, Failure to provide requested information may result in rejection of the response, 15. Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State's best interests, The Buyer may reject any response not submitted in the manner specified by the solicitation documents, 16. Contract Fonnation. The Buyer shall issue a notice of award, if any, to successful respondent(s). however. no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract, The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. 17. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract. a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. "18. Public Records. Florida law generously defines what constitutes a public record; see, for example, section 119,07 ofthe Florida Statutes, If a respondent believes that its response contains information that should not be a public record, the respondent shall clearly segregate and mark that information (for example, placing the material in a separate electronic file, and including the word 'Confidential' in the filename) and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption, 19. Protests. Any protest concerning this solicitation shall be made in accordance with sections 120,57(3) and 287,042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code, Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, faimess. necessity and reasonableness in the solicitation process, Section 120,57(3)(b), F,S, and Section 28-110,003, Fla, Admin, Code require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation, Section 120,57(3)(a), F,S, requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120,57(3). Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes." Section 28-110,005. Fla, Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120,57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." DOES NOT APPL Y TO THIS AGENCY. PLEASE REFER TO SUBMISSION INSTRUCTIONS IN THE BID DOCUMENT. DOES NOT APPL Y TO THIS AGENCY. PLEASE REFER TO SPECIAL CONDITIONS IN THE BID DOCUMENT. (PUR 1001 . 6OA.1.002(7), FAC.1 1. GENERAL CONTRACT CONDITIONS 3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version, Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then- authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion, Definitions. The definitions contained in s. 60A-1,001. FAC. shall apply to this agreement. The following additional terms are also defined: 2. (a) .Contract" means the legally enforceable agreement that results from a successful solicitation, The parties to the Contract will be the Customer and Contractor. (b) .Customer" means the State agency or other entity that will order products directly from the Contractor under the Contract, (c) .Product" means any deliverable under the Contract, which may include commodities, services, technology or software, (d) .Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g" a formal written purchase order, electronic purchase order, procurement card. or other authorized means), Purchase Orders. A Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor. and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions, Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer, A purchase order for services within the ambit of section 287,058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287,057(15) and (16) of the Florida Statutes, 4. 3 (d) Trade"n, Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor, Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process, For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F,S, (e) EQuitable Adjustment The Customer may. in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss, 5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation, 6. Packaging. Tangible product shall be securely and properly packed for shipment, storage. and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice. without extra charge for packing materials, cases, or other types of containers, All containers and packaging shall become and remain Customer's property, 7. Manufacturer's Name and Approved Equivalents. Unless otherwise specified. any manufacturers' names, trade names. brand names, information or catalog numbers listed in a specification are descriptive. not restrictive, With the Customer's prior approval. the Contractor may provide any product that meets or exceeds the applicable specifications, The Contractor shall demonstrate comparability, including appropriate catalog materials. literature. specifications. test data, etc, The Customer shall determine in its sole discretion whether a product is acceptable as an equivalent. 8. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance, 9. Safety Standards, All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector, Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition. all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution, 10. Americans with Disabilities Act Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 11. Literature. Upon request. the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc, 12. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery, Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order, A Contractor. within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays, Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension, 13. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge. unless otherwise designated on the purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges, All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound, Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location, Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents, If any alteration, dismantling, excavation, etc,. is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition, Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order, 14. Risk of Loss. Matters of inspection and acceptance are addressed in s, 215.422, F,S. Until acceptance, risk of loss or damage shall remain with the Contractor, The Contractor shall be responsible for filing, processing, and collecting all damage claims, To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report, When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection, Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property, Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. *15. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"). Pursuant to section 287,057(23), Florida Statutes (2002). all payments shall be assessed a Transaction Fee of one percent (1,0%), which the Contractor shall pay to the State, unless exempt pursuant to 6OA- 1,032, FAC, For payments within the State accounting system (FLAIR or its successor). the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor, If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuantto Rule 60A-1,031 (2), FAC, By submission of these reports and corresponding payments, Contractor certifies their correctness, All such reports and payments shall be subject to audit by the State or its designee, Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act. or omission of the Contractor, Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned. or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees, CONTRACTORS DEUNQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 16. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number, and the appropriate vendor identification number, The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper-based invoices 4 for those transactions processed through the system, Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms - EDI 810, cXML, or web-based invoice entry within the ASN, Payment shall be made in accordance with sections 215.422 and 287,0585 of the Florida Statutes, which govem time limits for payment of invoices, Invoices that must be retumed to a Contractor due to preparation errors will resu" in a delay in payment. Contractors may call (850)413-7269 Monday through Friday to inquire aboullhe status of payments by State Agencies. The Customer is responsible for all payments under the Contract, A Customer's failure to pay. or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers, 17. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property, The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages, Any exceptions to this paragraph shall be explicitly noted by the Customer on a purchase order or other special contract condition. 18. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material. quality, workmanship or performance of the products offered under the Contract. the Contractor shall immediately notify the Customer in writing, indicating the specific restriction, The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer, 19. Lobbying and Integrity. Customers shall ensure compliance with Section 11,062, FS and Section 216.347, FS,The Contractor shall not, in connection with this or any other agreement with the Slate, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any Slate officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty. or (2) offer, give. or agree to give to anyone any gratuity for the benefit of. or at the direction or request of, any State officer or employee. For purposes of clause (2). "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans. subscriptions, advances. deposits of money, services, employment. or contracts of any kind, Upon request of the Customer's Inspector General, or other authorized Slate official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include. but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis,dos.state.f1.uslbarm/genschedules/gensched,htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the Slate which results in the suspension or debarment of the Contractor, Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not resu" in the Contractor's suspension or debarment. 20. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees. partners, or subcontractors and shall fully indemnify, defend, and hold hannless the Slate and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors. provided. however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attomeys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however. that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order, If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non-infringing, If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use, The customer shall not be liable for any royalties, The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense. and (3) assistance in defending the action at Contractor's sole expense, The Contractor shall not be liable for any cost, expense. or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld, 21. Limitation of Liability. For all claims against the Contractor under any individual purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the purchase order, or two times the charges rendered by the Contractor under the purchase order, This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the purchase order requires the Contractor to back-up data or records). even if the party has been advised that such damages are possible, No party shall be liable for lost profits, lost revenue. or lost institutional operating savings. The State and Customer may. in addition to other remedies available to them at law or equity and upon notice to the Contractor. retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, pena"ies. costs and the like asserted by or against them, The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the Slate, 22. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include. but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances, After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders, Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract, Suspension of work shall not entitle the Contractor to any additional compensation, 23. Termination for Convenience. The Customer. by written notice to the Contractor. may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any, The Contractor shall not be entitled to recover any cancellation charges or lost profits, 24. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress. thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 6OA-1,006(3), FAC" governs the procedure and consequences of default. The Contractor shall continue work on any 5 25. work not terminated, Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence. of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either. the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule, If, after termination. it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contra~or or its employees or agents contributed to the delay and the delay IS due directly to acts of God. wars, acts of public enemies, strikes, fires, floods or other similar cause wholly beyond the Contractor's control, or for ~ny of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor, In case of any delay the Contractor believes is excusable, the C~ntractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, ifthe Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable. within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy, No claim for damages, other than for an extension of time, shall be asserted against the Customer, The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct" indir,:ct. consequential. impact or other costs, expenses or damages. Including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption. interference, or hindrance from any cause whatsoever, If performance is suspended or delayed, in whole or in part. due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost. unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor. provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity. or (3) terminate the Contract in whole or in part, Scope Changes. The Customer may unilaterally require. by written order. changes altering. adding to, or deducting from the Contract specifications. provided that such changes are within the general scope of the Contract, The Customer may make an equitable adjustment in the Contract price or delive~ date if tt:te change affe~ the cost or time of performance, Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them, Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part. for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response, The renewal must be in writing and signed by both parties. and is contingent upon satisfactory performance evaluations and subject to availability of funds. Advertising. Subject to Chapter 119, Florida Statutes. the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not 26. 27. 28. 29. limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published. either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative, Assignment. The Contractor shall not sell, assign or transfer any of its rights. duties or obligations under the Contract. or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer; provided. the Contractor assigns to the State any and all claims it has with respect to the Contract under the antitrust laws of the United States and the State, In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability, The Customer may assign the Contract with prior written notice to Contractor of its intent to do so, Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serv,: a copy on the Contractor, The decision shall be final and conclUSive unless within ten (10) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing, The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes, Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however. thatthe parties may employ the alternative dispute resolution procedures outlined in Chapter 120, Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates t~ the, Contract shal~ be the appropriate state court in Leon County, Flonda; In any such action. Florida law shall apply, The parties waive any right to jury trial. Ernployees, Subcontractors, and Agents. All Contractor employees. subcontractors. or agents performing work under the Contract shall be property trained technicians who meet or exceed any specified training qualifications, Upon request, Contract.or s~all furnish a copy of technical certification or other proof of quahficatlon. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer, The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor, The State may refuse access to, or require replacement of. any personnel for cause, including. but not limited to, technical or training qualifications, quality of work. change in security status, or non- compliance with a Customer's security or other requirements, Such approval shall not relieve the Contractor of its obligation tt;> perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees. subcontractors, or agents, Security and Confidentiality. The Contractor shall comply fully with all security procedures of the State and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors. resellers, subcontractors. officers or employees in the course of performing Contract work. including. but not limited to, security procedures, business operations information. or commercial proprietary information in the possession of the State, or. Custo~er, The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information. or material that is otherwise obtainable under State law as a public record, To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors, The warranties of this paragraph shall survive the Contract, Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida, Such actions include. but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations. and unemployment) from an employer other 30. 31. 32. 33. 6 BID NUMBER: RFP/DF-04/05-99 than the State of Florida, 34. Insurance Requirements, During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, Providing and maintaining adequate insurance coverage is a material obligation of the Contractor, Upon request. the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract, All insurance policies shall be through insurers authorized or eligible to write pOlicies in Florida, 35. Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract, 36. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action. proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations, The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287,133 of the Florida Statutes, or on any similar list maintained by any other state or the federal govemment. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 37. Notices. All notices required under the Contract shall be delivered by certified mail, retum receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer, Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice, 38. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17,001, F,S.) is required for State agencies to enter into or to extend any lease or installment- purchase agreement in excess of the Category Two amount established by section 287,017 of the Florida Statutes. 39. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946,515(2), F ,S. requires the following statement to be included in the solicitation: 'It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concemed." Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. 40. Products Available from the Blind or Other Handicapped. Section 413,036(3), F ,S, requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of. or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely OPENING DATE: JUNE 30, 2005 @2:00 P.M. Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413,036(1) and (2), Florida Statutes; and for purposes of this contract the person. firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concemed." Additional information about the designated nonprofrt agency and the products it offers is available at http://www,respectofflorida,org. 41. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties. which terms and conditions shall govem all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor, No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms. including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e,g,. attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms fumished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions, 42. Cooperative Purchasing. Pursuant to their own goveming laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein, Non-Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser, State agencies wishing to make purchases from this agreement are required to follow the provisions ofs, 287,042(16)(a). F,S, This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State, 43. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights. nor shall any single or partial exercise of any such right preclUde any other or further exercise thereof or the exercise of any other right. 44. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 45. Execution in Counterparts. The Contract may be executed in counterparts. each of which shall be an original and all of which shall constitute but one and the same instrument. 46. Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 47. Special Conditions. Pursuant to 60A-1,002(7), FAC" a Customer may attach additional contractual and technical terms and conditions, These "special conditions" shall take precedence over this form PUR 1000 unless the conflicting term in this form is statutorily required, in which case the term contained in the form shall take precedence. -THIS CONDITION DOES NOT APPL Y TO THIS AGENCY. (PUR 1000 - 6OA-1.002(7), F.A.C.) 7 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. CHECKLIST 1. The entire Request for Proposal (RFP) has been read. 2. The RFP Form 1001/1000 Instructions to Respondent's and General Contract Conditions (Pages 1-8) is completed and signed. 3. A complete address for the Proposer in the space provided (include street address or post office box, city, zip code and telephone number.) Please note: All future correspondence will be sent to the contact person listed on your proposal. 4. In all instances where a local government's jurisdiction is impacted by the grant project, a resolution (by the local government) indicating support for the project must be submitted with the Grant Proposal Packet (Attachment G). 5. For Site Specific Projects, a resolution from the responsible governing body must be submitted with the Grant Proposal Packet, indicating that they will execute a Maintenance Memorandum of Agreement with the Department of Agriculture. 6. Documentation of costs incurred and photographs before the completion of Site Specific Projects, as well as after completion for projects implemented since October 13, 2004. This documentation needs to be submitted as evidence that storm damage has occurred for site specific projects, where applicable. Documentation should also indicate what costs have already been reimbursed, and by what agency. 7. For site specific projects along roadways, please provide on page 2 of the Proposal form (Attachment D), both the U.S. Highway and S.R. (State Road) numbers separated by a slash (I), if both exist. If only one exists, please circle either "U.S." or "S.R." to indicate which numbers you are giving. 8. In conformance with Section 481.329(7), Florida Statutes, "Persons who perform landscape architectural services not for compensation, or in their capacity as employees of municipal or county governments, shall not be required to be licensed...." This means that if the required design is completed by an unpaid volunteer or an employee of municipal or county government, a Florida registered architect does not have to sign and seal the drawings. 9. Conflict of Interest Statement (Attachment B) is completed and signed. 10. Urban and Community Forestry Proposal form (Attachment D) is completed and signed in blue ink. Detailed itemized budget summary (Attachment E) is completed. 11. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug Free Workplace Requirements (Attachment C) is completed and signed. 12. One (1) copy with original signature and five (5) copies of the proposal package have been submitted. 8 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @2:00 P.M. REQUEST FOR PROPOSAL 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM INSTRUCTIONS TO PROPOSERS Each Proposer must complete/provide the following to be considered: HOW TO SUBMIT A PROPOSAL Proposals must be submitted in a sealed envelope to the address listed on the Form 100111000 Instructions to Respondent's and General Contract Conditions by the time and date listed on the form. In addition to the address, the face of the envelope shall be marked with the date and time of the proposal opening and the proposal number. 1. Each proposal shall be submitted in separate sealed envelopes and must contain six (6) copies (one original and-five copies) of the proposal including all attachments. a. These should be printed/copied on one side only and must not exceed forty (40) pages, including attachments. b. All attachments must be folded to a size not to exceed 8 1/2" X 11". c. All proposals must be complete and bound by binder clip or staple NO rubber bands, binders of any kind, folders or envelopes. d. All signatures on the "original" must be in blue ink. e. Multiple proposals must be submitted in separate envelopes and clearly identified as proposal #2, proposal #3, etc. Failure to comply with this requirement may result in non award of any proposal. 2. Form 1001/1000 General Instructions to Respondent's and General Contract Conditions Complete, date and obtain a signature from the individual who is legally authorized to approve submittal of the proposal. Failure to return a signed form will cause the proposal to be ruled ineligible. 3. Conflict of Interest Statement (Attachment B) must be completed and signed. 4. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug free Workplace Requirements (Attachment C) must be completed and signed. 5. Grant Proposal Form (Attachment D) Proposers must use this form. It must not be altered in format or content. This form must be completed in its entirety; the first two pages and the project description (two page maximum, minimum 12 font), and a detailed budget. The legally authorized representative for the Proposer must sign and date the form. Unsigned proposals will cause the proposal to be ruled ineligible. 6. Budget (Attachment E) Must be completed in detail. 9 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. TABLE OF CONTENTS Request for Proposal Form 1001/1000 Instructions to Respondent's and General Contract Conditions Special Terms, Conditions, Specifications Attachment A Notification of Vendor Ombudsman's Name and Telephone Number Attachment B Conflict of Interest Statement Attachment C Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug Free Workplace Requirements Attachment D Emergency Hurricane Supplemental U&CF Grant Proposal Form (includes Narrative Format/Evaluation Form) Attachment E Budget Attachment F Example Emergency Hurricane Supplemental U&CF Grant Proposal Attachment G Example Emergency Hurricane Supplemental U&CF Grant Resolution Attachment H Draft Emergency Hurricane Supplemental U&CF Grant Memorandum of Agreement (MOA) Attachment I Draft Emergency Hurricane Supplemental U&CF Grant Maintenance Memorandum of Agreement (MMOA) Attachment J Division of Forestry Local Contacts 10 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. REQUEST FOR PROPOSAL DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS INTRODUCTION During the months of August and September, 2004, Hurricanes Charley (August 13), Frances (September 3), Ivan (September 16), and Jeanne (September 26) caused widespread damage to the urban forest component of community infrastructures throughout the State of Florida. It is estimated that over 180 Florida communities were impacted by hurricane force winds, in some cases on three separate occasions. The loss of tree cover in these communities has created negative economic, ecological, and aesthetic consequences. These include decreased property value, loss of tourism, extensive cleanup and recovery costs, costs associated with increased storm water runoff, loss of energy conservation benefits, and degraded air and water quality. Damaged trees also pose safety hazards to citizens and structures. Improvements to surviving urban trees need to be made to improve their health and reduce damage from future storms. Local community leaders and the general public also need to learn more about how their urban trees benefit their community, from an economic, social, and environment standpoint. They also need to learn how to properly select, plant and care for trees to minimize resulting future storm damage. To address the situation, the USDA Forest Service requested emergency funding from Congress to help impacted communities replant and revitalize their urban forests. In response, Congress authorized funds for this grant program under the "Emergency Supplemental Appropriations for Hurricane Disaster Assistance" (HR4837, PL 108324). This legislation provides disaster assistance to "...mitigate the effect of recent hurricanes and other weather related events." PURPOSE The purpose of the 2005 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program is to provide financial assistance for tree planting, arboricultural practices and educational programs in urban areas throughout the State of Florida. Local governments, Native American Tribal Governments, volunteer groups, nonprofit organizations and educational institutions throughout the State of Florida are eligible to receive 75% cost share funds to implement the above mentioned activities. Practices may be implemented on county or municipally owned lands, including parks or natural areas, as well as highway and street rights of way not maintained by the Federal government. Private homeowners may also receive replacement trees through sponsoring government or non-profit entities. Approximately $13,500,000 in grant funds will be available for Florida communities. All Florida communities are eligible to receive funding, with the most heavily impacted communities receiving the highest priority. Approximately $500,000 will be allocated to educational programs. Approximately 60% of the remaining funds ($7.8 million) will be allocated to tree planting practices, and approximately 40% of the remaining funds (5.2 million) allocated for arboricultural, inventory, and assessment projects. More specifically, the FDACS, Division of Forestry is requesting proposals for grants to: · Conduct inventories of trees in public areas, and assess the condition of individual trees. 11 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. · Replant trees destroyed by the hurricanes of 2004, and plant appropriate new trees in areas where they would serve as wind buffers in the event of future storms. · Provide appropriate replacement trees to homeowners who lost trees as a result of the hurricanes. · Replace exotic, over mature, and weak rooted trees with more wind resistant species. · Control exotic vegetation in public areas that has been spread as a result of the hurricanes of 2004. · Conduct corrective pruning, staking, fertilizing, and other cultural practices to remove safety hazards and improve the wind resistance and overall health of surviving trees. · Implement educational programs to improve the understanding of citizens and local officials of the benefits of maintaining a healthy canopy of trees in urban areas. These programs will also help citizens and officials to take measures in advance to minimize storm damage from trees and react decisively when storms occur. SCOPE The Forestry Title of the 1995 Farm Bill, passed by the 107th Congress, authorizes the US Forest Service to provide funding to states for grants to communities in support of their urban forestry programs. Florida Statutes (F.S.) 589.28 authorizes the Florida Department of Agriculture and Consumer Services (hereafter referred to as FDACS or Department) to cooperate with local governments to promote the planting and protection of trees to improve the beauty and livability of urban environments within the State of Florida. DEFINITIONS For the purpose of this Request for Proposal (RFP): 1. "Applicant" means a local government, a Native American Tribal Government, a legally organized nonprofit organization or an educational institution submitting a proposal for federal funds under this grant program. 2. "Appropriate Species or Tree Planting" refers to selecting tree species that are suited to the size, soil characteristics, climate, surrounding natural or man made obstacles, and any limitations of the planting site. Also, selecting species that have not been shown to be especially susceptible to either windthrow or breakage during storms. 3. "Center Manager" or "District Manager" means the Division of Forestry administrative official, or his/her designee responsible for all forestry activities within a multi county administrative unit, pursuant to Florida Statute 589.30. 4. "Chief Executive Officer" means the chief administrative employee of a local government, nonprofit organization or educational institution. 5. "Commissioner" means the Commissioner of Agriculture for the State of Florida. 6. "Department" or "FDACS" means the Florida Department of Agriculture and Consumer Services, an agency of the State of Florida. 7. "Hazard Mitigation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and growing site improvement to minimize a tree's risk to life and property. 12 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. 8, "Local Government" means a county, municipality, city, town, village, local public authority, school board district, independent special district of any type, regional government entity, or any agency of a local government. 9. "Nonprofit Organization" refers to an organization which has filed an application with the Secretary of State of Florida for nonprofit corporate status pursuant to Section 617, Florida Statutes, and has been issued a Federal Employer Identification Number by the Internal Revenue Service. This may include homeowners associations, where the nature of their application is consistent with the eligibility limitations of this grant program. 10. "Proposal" means an Urban and Community Forestry Grant Proposal Form and its required attachments and supporting documentation not to exceed a total of 40 one sided pages, including maps and plans. 11. "Remediation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and growing site improvement is to improve the long term health of trees. 12. "RFP" means Request for Proposal. 13. "Site Preparation" refers to mechanical and/or chemical treatments used to remove woody debris from a proposed planting site and make the site suitable for tree planting and growth. 14. "State Forester" means the Director of The Division of Forestry, 15. "Statewide Project" means a project that impacts the whole state or one that implements specific activities in more than one municipality of the state as determined by the Department. 16. "U&CF Grant Coordinator" means the Division of Forestry employee designated by the State Forester to coordinate implementation of the grant program. 17. "U&CF Subcommittee" means the subcommittee assigned by the State Forester to evaluate and rank the qualifying proposals. ELIGIBILITY REQUIREMENTS 1. Qualified applicants include legal nonprofit organizations, educational institutions, local government entities of all types and Native American Tribal Governments. Counties may apply on behalf of one or more unincorporated population centers within their jurisdiction. 2. All communities in Florida are eligible to apply for grants. 3. Projects that have been initiated since the Presidential declaration on October 13, 2004, are eligible for funding under this grant, provided that adequate financial documentation and verifiable evidence of successful completion exist. 4. Project expenditures for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. 5. FEMA or other Federal funds can not be used to match funding received under this grant. 6. Practices may be implemented on county or municipally owned lands, including parks or natural areas, as well as highway rights of way not maintained by the Federal government. Private homeowners may also receive replacement trees through sponsoring government or non-profit entities that can be planted in either residential yards or "common areas." 13 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @2:00 P.M. . $75,000: 7, Total grant requests for each proposal are subject to the following maximum limits: . $100,000: . $125,000: . $150,000: . $175,000: Communities of any size which received sustained tropical storm force winds from one or more storms. Also, educational projects submitted by any Florida entities. Communities with populations of less than 10,000, which received at least sustained Category 1 hurricane force winds from one storm. Communities with populations of less than 10,000, which received at least sustained Category 1 hurricane force winds from at least two storms, or one hurricane and at least one tropical storm. Also, communities with populations of between 10,000 and 35,000, which received sustained Category 1 hurricane force winds from one storm. Communities with populations of between 10,000 and 35,000, which received at least sustained Category 1 hurricane force winds from at least two storms, or at least one hurricane and at least one tropical storm. Also, communities with populations greater than 35,000, which received at least sustained Category 1 hurricane force winds from one storm. Communities with populations greater than 35,000, which received at least sustained Category 1 hurricane force winds from at least two storms, or one hurricane and at least one tropical storm. Also, communities with populations of between 10,000 and 35,000 which experienced maximum sustained winds meeting Category 3 criteria. The minimum grant award for educational projects is $2,000; $10,000 for other projects from government entities; and $5,000 from non-profit or educational groups. 8. Applicants may submit and receive funding for more than one application if sufficient funds are available. 9. Applicants may allocate up to 15% of the total grant to hire either temporary staff or a qualified private vendor to oversee the implementation of this grant. 10. Applicants may allocate up to 10% to train either staff or volunteers to either carry out or oversee the implementation of this grant. ELIGIBLE PRACTICES The following practices are eligible to receive funding under this grant program. Practices 1-6 may only be carried out on county or municipally owned lands, including parks or natural areas, as well as highway rights- of-way maintained by non federal entities. 1. Tree Inventory - Implementation of a tree inventory of a specified area to determine the degree of canopy loss from storms, identify areas needing reforestation or new tree plantings, and provide background information to develop a comprehensive urban forest recovery and management plan. Eligible expenses include the purchase of hardware, software and field data recorders, fees paid to vendors or temporary staff to conduct the inventory, and any other costs associated with data collection or processing. 2. Tree Assessment - Examination of individual trees to determine whether or not they need arboricultural treatments or total removal, as well as the urgency of completing these treatments for each tree. Eligible areas and costs are the same as above. Grant applications for the above two practices need to include the following information: a. A map of the area where the inventory or assessment will take place, including street locations. 14 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. b. A narrative that describes the need (related to the 2004 hurricanes) to conduct the inventory or assessment in the selected area, the percentage of trees within that area that will be included, the data that will be collected, how that data will be processed, and the desired results. The narrative should also state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and how the recipient will supervise the project while in progress. 3. Reforestation - This may include tree planting projects to achieve one of the following objectives: a. Replacement of trees that were severely damaged or destroyed during the storms. b. Replacement of either over mature trees, or exotic or wind susceptible species with more appropriate species for the climate and the site. c. New appropriate tree plantings in areas where the trees will serve as windbreaks and buffer the impacts of future hurricanes. 4. Tree Planting Requirements: a. Each project must include at least three tree species native to the area and suitable for the site and objective. b. Trees/palms (including those planted as part of the local match) must be Florida Grade #1 or equivalent (Florida Division of Plant Industry, Grades and Standards), unless otherwise authorized by the Division of Forestry, c. No multi stem trees may be planted under this program, with the exception of the following species: River Birch, Green Buttonwood, Silver Buttonwood, Yaupon Holly, Crape Myrtle, and Chickasaw or Flatwoods Plum. d. Trees listed on the Florida Exotic Pest Plant Council's MOST RECENT list of Florida's Most Invasive Species, on the internet at (www.f1eppc.org ), may not be planted as any part of this grant program. e. Applicants should consult with various sources to avoid selecting tree species that have proven to be especially susceptible to wind damage, either from wind throw at the ground level or from stem breakage. Research is currently in progress to develop a standard species list for hurricane prone areas. f. Minimum tree size is 1 and 1/2 inch caliper, in a 15 gallon container. Maximum tree size is a 4 inch caliper. Palms may not be taller than 16 feet, clear trunk. g. Maximum allowable cost per tree or palm is $350.00 for purchase and planting. This applies to both the cost-shared and the matched portion of the project. h. The grant application may include up to $500.00 per planting site for site preparation costs directly related to the tree planting. This may include removal of damaged, exotic, or otherwise hazardous trees that have occupied the site. Site preparation costs which have already been reimbursed from another source are not eligible; however, these costs may be applied to the grant match if the reimbursement originated from a non federal source. 15 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. i. Purchase and planting of shrubs and ground covers in conjunction with the tree planting may only serve as a matching cost, and as such cannot be reimbursed. j. Up to ten percent (10%) of the grant award may be used for each of the following purposes: 1, The purchase and/or installation of irrigation equipment or an irrigation system. The remaining cost may be applied toward the match requirement. 2. Rental of equipment for site preparation or tree planting. 3. Labor costs, k. A maximum of $12.00 per tree may be spent on planting materials, and/or supplemental watering during the 60 day grow in period only. I. Proposals must include the following information: 1. A location map. 2. A minimum of three color photographs of the planting site. 3. A detailed planting plan (site plan) which shows the location of the trees/palms, existing structures, and site limitations such as underground utilities and overhead wires. 4. Written approval from the Florida Department of Transportation for planting and maintenance on the State right of way. 5. A three (3) year maintenance plan to be carried out by the grant recipient at their expense. Maintenance costs incurred after certification by the Division of Forestry are ineligible for reimbursement. A Grant Maintenance Memorandum of Agreement, separate from the MOA for the project, must be signed by the grant recipient if awarded a grant. 6. A resolution by the managing agency of the property (if different from the applicant) which states that they concur with the grant proposal and maintenance plan. m. A 60 day "grow in period" is required prior to Certification of Acceptance by the Department and the processing of a final reimbursement. The proposal should state how the trees will be watered and cared for during the grow in period. n. Tree Plantings must follow established procedures for handling, placement, and maintenance. Refer to Exhibit C at the end of this grant packet, or http://hort.ifas.ufJ.edu/woody for additional guidance. 5. Exotic Vegetation Control in Community Parks and Natural Areas This would apply to plant species listed on the Exotic Pest Plant Council's MOST RECENT list of Florida's Most Invasive Species (Category I and II), on the internet at (www.fJeppc.org ). Infestations of these species that have resulted from the 2004 hurricanes, or have been exacerbated by the hurricanes, are eligible for treatment under this program. Funding is available to cost share up to two treatments of an infested area. Grant applications for this practice need to include the following information: a. A narrative that describes the species, location, origin and extent (acres, density, etc) of the problem, and the proposed treatment regimen, including timing. The latter should be consistent with standard recommendations for treating the species, as listed in publications produced by the 16 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. University of Florida (IFAS), Florida Department of Environmental Protection, or USDA Forest Service. Before approval, the treatment will be subject to review. The narrative should also state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and how the recipient will supervise the project while in progress. b. A map of the infested area, with sufficient detail to locate the treatment site. GPS coordinates, if available, should be included. c. At least three photographs of the infested area which indicates the extent of the infestation. 6. Arboricultural Practices for Mitigation and Remediation of Surviving Trees The purpose of this practice is to repair damage to trees caused by the 2004 hurricanes, eliminate immediate safety hazards from trees resulting from hurricane damage, correct improper pruning that was performed immediately after a storm, improve the tree's wind resistance and overall health. Eligible activities would include remedial pruning, righting and re staking, fertilization treatments, cabling and bracing, or other related treatments. Grant applications for this practice need to include the following information: a. A map of the area, showing the location of the trees to be treated. A street address, as well as GPS coordinates if available, should be included. b. A narrative that describes the extent of the problem, and the proposed treatment regimen, including timing. The latter should be consistent with standard practices as described in the American National Standards Institute (ANSI) ANSI A 300 Tree Care Standards manuals. Another source of technical information is the website http://hort.ifas.ufl.edu/woody. The narrative should also state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and how the recipient will supervise the project while in progress. It is preferable that an ISA certified arborist or a graduate forester from an accredited four year forestry program be involved in planning and implementing the practice. 7. Providing Trees to Homeowners Government entities or non-profit groups may receive grants to provide trees to private homeowners who lost trees during at least one of the hurricanes of 2004. Trees can be planted in residential yards, neighborhood common areas (including those not publicly owned), or road rights of way (including those not publicly maintained). This could be accomplished by either a tree "giveaway" program, or a voucher program set up with local vendors. The project description submitted with the application needs to include the following details: a. A list of tree species that will be provided. At least three species, more if possible, need to be included. All species need to be suitable for the local climate and site conditions. None can be listed as invasive exotics, as described under the Reforestation section. Species suited for different sized planting areas (small, medium, large) also need to be represented. b. The size of the trees to be provided. Individual trees need to be either potted or "ball and burlap," and between three and fifteen gallons in size, unless the sponsoring agency can make equipment available to move and plant larger trees. c. The delivery and distribution system that the applicant will use. This includes the personnel and equipment involved, and who will furnish them. Trees need to be transported from the vendor to the eventual recipient in a timely manner, and properly cared for during the handling period. 17 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. d. The publicity strategy that will be used to make potential recipients aware of the program. This could include printed literature, PSA's, media contacts, advertisements, etc. e. Literature that will be provided to homeowners to explain site location, preparation, species selection, handling, planting techniques, and post planting care, in order to ensure good survival and growth. Funding through this grant program can be used to either purchase, develop or reproduce this literature. Applicants can achieve the grant match for this activity through in house labor, materials and equipment, volunteer hours, donated materials or cash from a sponsor, or from discounts on the purchase of trees that can be negotiated through the vendor. 8. Information and Education This category is provided to make individual residents, community officials, and private vendors more aware of urban forestry management practices that will reduce damage to trees from hurricanes and tropical storms. Also, materials can address what steps to take immediately before and after a storm, how to proceed with storm cleanup, and available sources of assistance. Emphasis needs to be placed on the value of the urban forest to their local communities, and that the benefits of trees outweigh the potential of tree damage resulting from storms. Local governments, nonprofit organizations, and educational institutions are eligible to purchase or produce information and education materials (leaflets, newsletters, handbooks, videos, etc) for distribution to the general public, or to cost share seminars and workshops related to Urban and Community Forestry topics. The emphasis here is on providing information to the general public, volunteer groups, technicians, tree workers, etc. (i.e., Urban and Community Forestry technology transfer). A resolution or letter signed by the chief executive officer of the applicant is required which states that they concur with the proposal packet and will sign a Grant Memorandum of Agreement if awarded a Grant (this resolution or letter must be submitted as part of the proposal packet). Personnel costs are not eligible for grant funding in this category, but can be used as part of the match. Eligible Activities: a. Educational programs for the exhibition, purchase or development of materials for the benefit of public education as described above. b. WorkshopsfTraining Sessions/Conferences/Seminars for the support and organization of public programs which achieve the goals of this grant. Costs may cover mailing, speaker's travel expenses, audio/visual equipment rental and related expenses. c. Youth programs for the development and production of programs which will involve/benefit young people, K through college level. d. Public service materials (PSA development) for the development of or purchase of public service programs, videos, or slide shows which educate the public. These may include expenditures for film, paper, production costs, equipment rental or other accessories (excluding the purchase of camera or other video equipment). e. Brochures for the purchase of existing technical brochures or the design, development, production or mailing of an educational or informational brochure consistent with the goals of this grant program. Applicants are encouraged to utilize existing brochures on the selected topics, if they exist, and apply for funding for the purchase and distribution of brochures. 18 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. f. Exhibits for the purchase of or design, development and construction of an educational/informational exhibit which promotes the goals of this grant program. All products (brochures, signs, videos, reports, etc.) funded by the U&CF grant must display the following statement: "Funding for this project provided by the USDA Forest Service through the Florida Division of Forestry's Urban and Community Forestry Grant Program." SELECTION CRITERIA The U&CF Grant Coordinator shall review and determine the completeness of each proposal. The following criteria must be met before the grant proposal may be determined to be complete: 1. The proposal must contain all the requested information and be legible and understandable. 2. A resolution or letter approving the proposal and authorizing the Chief Executive Officer of the applicant to execute agreements and documents associated with the grant request must be submitted as part of the proposal. 3. A budget detailing all costs of the project must be submitted with the proposal. 4. For site specific projects which have already been completed, documentation of costs incurred and photographs before (if possible) and after the completion of the project must be included. 5. This documentation also needs to be submitted as evidence that storm damage has occurred for site specific projects that have not yet been implemented, to the extent that it is available. Documentation should also indicate what costs have already been reimbursed, and from what source. 6. Signing and sealing of tree planting plans (site plans) submitted for consideration under this grant program shall be in accordance with Section 481.329(7), Florida Statutes (Landscape Architecture). 7. Late proposals, email transmissions, and fax transmissions will not be accepted or considered. Unsigned proposals will be ruled ineligible. PROPOSAL EVALUATION CRITERIA Once the submitted proposals have been reviewed and determined to be complete, they will be ranked according to the following criteria: 1. The severity of the storm(s) that impacted the counties in which these communities are located, and the number of hurricanes and/or tropical storms that impacted the county in which the community is located. They will be graded according to the categories in the Saffir Simpson Hurricane Scale, based on data supplied by the National Hurricane Center. Applications will receive the following number of points for each of the four storm impacts (counties that did not receive hurricane force winds will receive no more than 40 points): · Category 3 and above Hurricane: · Category 2 Hurricane: . Category 1 Hurricane: · Tropical Storm: 100 points 75 points 50 points 20 points This information will be posted on the Division of Forestry website: www.f1dof.com. 19 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. 2. Within each county, applications will be ranked according to the quality of the proposals submitted, according to the following criteria: a, Demonstrated Need - Highest score will be given to proposals that describe and document the extent of impact to the community's urban tree resources, and the need for cost share dollars. Proposal includes maps, photos, and cost documentation of impacted areas to be treated. 20 points b. Well Defined Goals and Objectives - Highest score will be given to proposals that clearly state goals and explain how the applicant will ensure that the practice will be maintained to provide long term benefits to the community. 15 points c. Technical Correctness - Highest score will be given to proposals where the documentation indicates that a competent professional (either an ISA certified arborist or graduate forester from an accredited four year Bachelor of Science in Forestry program) will oversee the implementation of the practice, and that the practice will be carried out in a technically correct manner according to the practice specifications. 20 points d. Cost Effectiveness - Highest score will be given to proposals that clearly demonstrate greatest results with the efficient use of grant dollars, clearly describe how funds will be expended, adhere to the cost parameters listed in this RFP, and contain documentation to support costs. Also, higher scores will be given to applications where a partnering entity has provided either funding, materials, or logistical support. 15 points e. Completeness of Proposal - Highest score will be given to proposals containing all of the required attachments and providing a detailed explanation of the proposal. 10 points f. Tree City USA Certification - Indicates a community's commitment to sustaining their urban forestry program. Current member as of 2003. 10 points g. Tree City USA Growth Award Recipient - Community demonstrates a sustained commitment to its urban forestry program. Current member as of 2003. 10 points In order to be considered acceptable, an application must achieve a quality score of at least 50 points out of a possible 100 points, according to the above criteria. A committee of public and private sector urban forestry professionals will evaluate these components of each proposal. 3. If all other factors are equal, the following criteria will be applied: · Applications from smaller communities will receive priority over those from larger communities. · Applications for practices which will be implemented in areas where the general public has access to the treatment site, such as public rights of way, streets, and parks will receive priority over those to be implemented in areas where access will be restricted. · Approvals will be distributed equitably over the counties in the state which received sustained hurricane force winds, in proportion to the number of applications received. Those receiving lesser wind impacts will receive a lower priority for funding. REJECTION OF PROPOSALS The Department reserves the right to recommend partial funding of proposals, the right to reject any or all proposals or waive minor irregularities when to do so would be in the best interest of the State of Florida, and 20 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. to reject the proposal of a Proposer whom the Department determines is not in a position to perform the Contract. Minor irregularities are those which will not have a significant or adverse effect on overall competition, cost or performance. POSTING AND RECOMMENDED AWARDS Tabulations with recommended award(s) will be posted on or about the date indicated on herein for review by interested parties on the Florida Bid System at http://www.myflorida.com.clickonBusiness.Doing Business with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements, tabulation will remain posted for a period of seventy two (72) hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the protest. Proposals that do not receive an award during the current grant cycle will be notified in writing with an explanation of why they received a lower score. At the same time, suggestions will be provided for ways they can improve their chances of being awarded an Urban and Community Forestry Grant in the future. Note: All approved applicants will be required to attend a regional workshop in their immediate vicinity before their completed MOA is accepted, to ensure that all involved parties are in agreement regarding program details. Proposals that do not receive an award during the current grant cycle will be notified in writing with an explanation of why they received a lower score. LATE PROPOSALS Proposals received by the Department after the proposal opening time and date will be rejected as untimely and will not be opened. A late proposal notice will be sent to the Proposer after the posting of Award Notice with instructions for its return. Unclaimed late proposals will be destroyed after 45 days. Offers from vendors listed on the Department's posted Award Notice are the only offers received timely in accordance with the Department's proposal opening time and date. COST OF PREPARATION The Department is not liable for any costs incurred by a Proposer in response to this Request for Proposals including an optional oral presentation. URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT (AND MAINTENANCE MEMORANDUM OF AGREEMENT, if applicable) Before funding is awarded to an approved applicant, a Grant Memorandum of Agreement has been fully executed between the Department and the Applicant. 1. The Grant Memorandum of Agreement shall detail the responsibilities of the applicant, a schedule and the terms of payment for the project (Attachment H). 2. The Three Year Maintenance Memorandum of Agreement (if applicable) shall detail the responsibilities for maintenance of any areas where site specific projects are funded under this grant (Attachment I). EXECUTION OF AGREEMENTS AND DOCUMENTS Upon notification of a Grant Award, the following shall take place: 21 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. 1. It will be the responsibility of the applicant to insure that the Grant Memorandum of Agreement is fully executed within a period of sixty (60) days upon receipt. Failure to comply with this schedule may result in the grant offer being withdrawn. 2. Although it is the intent of the Department to expedite the grant award process as much as possible, applicants should be aware that they may not receive a fully executed grant Memorandum of Agreement before August 24, 2005, and should schedule their projects accordingly. 3. The Grant Memorandum of Agreement prepared between the Department and the Applicant shall stipulate: a. What is to be accomplished under the grant. b. The schedule and payment terms. c. The schedule and content of progress reports. d. Any penalties or actions that the Department will take in the event of noncompliance. e. The methods to be used by the Department to determine compliance with the terms of the grant agreement. f. Maintenance responsibilities for trees planted as part of the grant program. REVIEW OF PROJECTS IN PROGRESS AND UPON COMPLETION The Department shall ensure that the terms of the agreements executed under these guidelines are enforced. An interim report showing the status of the project is due December 31, 2005, and thereafter on a quarterly basis until the project is completed. The U&CF Grant Coordinator or his designee shall review the projects prior to tinal acceptance by the Department. All projects must be completed by September 30,2007. All reimbursement claims must be submitted by November 15, 2007. FUNDING SOURCE Grant awards are 100% funded by the federal government through the U.S. Forest Service. These funds are nationally authorized by "Emergency Supplemental Appropriations for Hurricane Disaster Assistance" (HR4837, PL 108 324), under the auspices of the 1995 Farm Bill. The Florida Division of Forestry has allocated $13,500,000 of the funds received from the U.S. Forest Service to this grant program. Should additional funding become available, it will be added to this amount. State funds will be allocated on a priority basis to areas impacted most heavily by the 2004 hurricanes. FDACS reserves the right to allocate surplus funds so as to fully utilize federal funding. The State of Florida's performance and obligation to pay under this grant program is contingent upon funding by the U.S. Forest Service. A 75/25 match is required (75% grant/25% applicant). The local match must be in non federal dollars or contributions of materials and/or services. In kind services provided by Division of Forestry employees may not be used to contribute to the match by the grant recipient. 22 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ALLOWABLE COSTS The following Office of Management and Budget Circulars should be used as a reference for allowable costs for federally funded programs: A 21 A 87 A 122 Educational Institutions State and Local Governments Non-profit Organizations These circulars are available on line at http://whitehouse.gov/omb/circulars/index.htmlor you can request a copy from the U&CF Grant Coordinator. Purchases by the grant recipient of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written records of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. No overhead costs will be paid by grant funds. Overhead costs, up to 5% of the total project cost (match plus award), can be used as part of the local match. The maximum allowable assessment for in kind match for general labor (non professional) is $15.00 per hour. METHOD OF REIMBURSEMENT Pursuant to Florida Statutes Section 216.181 paragraph 14(b), advance payment may be made upon written request. Upon receipt by the Division of Forestry of a reimbursement summary sheet with all required attachments, including invoices and/or receipts, and canceled checks, payrolls, log sheets, etc., FDACS will submit the claim for payment. The final payment shall not be made until the Certification of Acceptance is received from the U&CF Grant Coordinator. Upon receipt in the Tallahassee State Office of the reimbursement summary sheet and copies of invoices and checks paid, the Department will place the claim in line for payment. Payment shall be made in accordance with Section 215.422, Florida Statutes, which states the contractor's rights and the state agency's responsibility concerning interest penalties and time limits for payment of invoices (see Attachment A). The Federal Employer Identification Number (FEIN) will be the primary factor used to identify applicants. FDACS cannot process a request for reimbursement without the FEIN. SPECIAL PROVISIONS GRANT AGREEMENT AND CONDITIONS Terms and conditions within the Grant Agreements (Attachments H and I) and associated attachments shall apply. FDACS will have the right to access any books, documents, papers, and records of the grant recipients which are directly pertinent to the Grant Agreement, for the purpose of making audit examinations, excerpts and transcriptions. Quarterly progress reports and a final project report will be required of all selected grant recipients. Additional progress reports may be required if grants are extended past the initial deadline. Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of the grant agreement. A final project report is required as a prerequisite to final payment. 23 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @2:00 P.M. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Categories 1 5 for a period of 36 months from the date of being placed on the convicted vendor list. DISCRIMINATION An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact any business with any public entity. EMPLOYMENT OF UNAUTHORIZED ALIENS Pursuant to Executive Order 96 236, effective October 1,1996, the following standard provision shall apply to any contract awarded as a result of this Request for Proposal: The Department shall consider the employment by any Contractor of unauthorized aliens a violation of section 27 4( a) of the immigration and Naturalization Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be caused for unilateral cancellation of this contract. AUDITS The Contractor shall maintain books, records and documents directly pertinent to the performance under this contract in accordance with generally accepted accounting principles consistently applied. FDACS, the State or their authorized representatives shall have access to such records for audit purposes during the term of the contract and for three years following the contract termination date or date of final payment, which ever is later. If an audit, litigation or other action involving the records is started before the end of the three year period, the records must be retained until all issues arising out of the action are resolved, or until the end of the three year period, whichever is later. In accordance with Federal laws and regulations, the Contractor agrees to comply with audit requirements, as applicable, of the Office of Management and Budget (OMB) Circular A 133. Any contract resulting from a proposal developed for any division where federal funds are distributed, shall be in compliance with this circular. The latest version of the referenced circular is available for review by Proposers at the Department's Purchasing Office. USE OF FUNDS FOR LOBBYING PROHIBITED The Contractor agrees to comply with the provisions of Section 216.347, Florida Statutes, which prohibits the expenditure of contract funds for the purpose of lobbying the Legislature or a state agency. The contractor also agrees to comply with Federal guidelines governing Lobbying as outlined in Attachment C. DEBARMENT. SUSPENSION. INELIGIBILITY. AND VOLUNTARY EXCLUSION Any person submitting a bid or proposal in response to this request for proposal must execute the enclosed form CERTIFICATION REGARDING LOBBYING; DEBARMENT; SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG FREE WORKPLACE REQUIREMENTS, and enclose it with 24 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. his/her bid or proposal (see Attachment C). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. Award will not be made by the Department until the certification is signed by the Proposer and submitted to the Department. CERTIFICATION OF NO CONFLICT OF INTEREST Any person submitting a bid or proposal in response to this Request for Proposal must execute the enclosed Conflict of Interest Statement (see Attachment 8) and enclose it with his/her bid or proposal. Award will not be made by the Department until the certification is signed by the Proposer and submitted to the Department. NON DISCRIMINATION STATEMENT In accordance with Federal law and U.S. Department of Agriculture (USDA) policy, this Contractor is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326 W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250 9410 or call (202)7205964 (voice and TDD). USDA is an equal opportunity provider and employer. INTERPRETATIONS/DISPUTES Any questions concerning conditions and specifications shall be directed in writing to the Purchasing Office for receipt no later than 10 days prior to the bid opening. No interpretation shall be considered binding unless provided in writing by the Department's Purchasing Director in response to requests in full compliance with this provision. Any person who is adversely affected by the agency's decision or intended decision shall file with the agency a Notice of Protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provision governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights or further negotiation, or modifying or amending any contract, the Notice of Protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall state with particularity the facts and law upon which the protest is filed. QUESTIONS Questions concerning the technical aspects of the proposal or the Applicants' Workshops should be directed to the nearest FDACS, Division of Forestry office (see Attachment J, List of Division of Forestry DistricVCenter Contacts), or to: Urban Forestry Program Coordinator Division of Forestry Florida Department of Agriculture and Consumer Services 3125 Conner Boulevard, Suite R 3 Tallahassee, FL 323991650 Telephone (850) 921 0300 25 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Questions regarding procedures for submittal of proposals should be submitted to: Christie Hutchinson, Purchasing Director Division of Administration Department of Agriculture and Consumer Services Mayo Building, Room SB 8 Tallahassee, FL 32399 0800 (850) 487-3727 No negotiations, decisions, or actions shall be initiated or executed by the applicant as a result of any discussions with any FDACS employee. Only those communications which are in writing from the Department's Purchasing Office may be considered as a duly authorized expression on behalf of the Department Only communications from the applicant which are signed and in writing will be recognized by the FDACS as duly authorized expressions on behalf of the applicant SCHEDULE OF EVENTS May 4, 2005 Notification of Availability of Request for Proposal mailed to all potential applicants. June 30, 2005 Sealed proposals in response to RFP must be received by FDACS Purchasing office. July, 2005 Evaluation of proposals. August 1, 2005 Posting of Award on the Florida Bid System at http://myflorida.com.Click on Business, Doing Business with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements. Tabulation will remain posted for a period of seventy two (72) hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the protest August 10, 2005 August 2005 Expected grant agreement (contract) execution and authorization to begin. Workshops for Approved Grant Applicants Locations, dates and times to be posted on www.f1dof.com December 31, 2005 First quarterly Interim report due. July 1, 2007 Deadline for submitting request for no cost time extension. September 30,2007 Contract ending date. November 15, 2007 Deadline for final reimbursement claims. 26 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. ATTACHMENT A STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES NOTIFICATION OF VENDOR OMBUDSMAN'S NAME AND TELEPHONE NUMBER Vendors proviQing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and service, unless the proposal specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty of .03333 percent per day will be due and payable, in addition to the invoice amount, to the vendor. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment. Invoices which have to be returned to a vendor because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850)488-2924 or by calling the Chief Financial Officer's Hotline, 1-800-848-3892. 27 BID NUMBER: RFP/DF-04/0S-99 OPENING DATE: JUNE 30, 200S@2:00 P.M. ATTACHMENT 8 STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES CONFLICT OF INTEREST STATEMENT I, , as authorized representative of certify that no member of this firm nor any person having interest in this firm has been awarded a contract by the Department of Agriculture and Consumer Services on a non-competitive basis to: (1) develop this Invitation to Bid (ITB) or Request for Proposal (RFP); (2) perform a feasibility study concerning the scope of work contained in this ITB/RFP; (3) develop a program similar to what is contained in this ITB/RFP. Authorized Representative Date Proposal Number 28 BID NUMBER: RFP/DF-04/05-99 ATTACHMENT C OPENING DATE: JUNE 30, 2005@2:00 P.M. CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to deterrrine the certification to which they are required to attest Applicants should also review the instructions for certification induded in the regulations before OOIJl'Ieting this form, Signature of this form provides for OOIJl'Iiance with certification requirements under 34 CFR Part 82, "New Restrictions on Lobbying: and 34 CFR Part 85, "Government-wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants): The certifications shall be treated as a material representation of fad upon which reliance will be placed when the Department of Education determines to award the covered transaction, grant, or cooperative agreement 1. LOBBYING As required by Section 1352, TiUe 31 of the U.S, Code, and irflllemented at 34 CFR Part 82, for persons entering into a grant or cooperative agreement O/er $100,000, as defined at 34 CFR Part 82, Sections 82,105 and 82,110, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid. by or on behalf of the undersigned. to any person for influencing or attelJllling to influence an officer or eflllloyee of any agency, a Mermer of Congress. an officer or eflllloyee of Congress. or an eflllloyee of a Mermer of Congress in <XJmection with the making of any Federal grant. the entering into of any cooperative agreement. and the extension, oontinu- ation, renewal. amendment. or m:xlification of any Federal grant or cooperative agreement: (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for innuencing or atterJ1lling to influence an officer or eflllloyee of any agency, a Mermer of Congress. an officer or eflllloyee of Congress. or an eflllloyee of a Mermer of Congress in oonnection with this Federal grant or cooperative agreement, the undersigned shall lXJOllIete and subrrit Standard Form - LLL, "Disclosure Form to Report Lobbying: in acrordance with its instructions: (c) The undersigned shall require that the language of this certification be induded in the award documents for all subawards at an tiers (induding SUbgrants. oontrads under grants and cooperative agreements. and suboontrads) and that an subrecipients shan certify and disclose acoordingly, 2, DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by Exerotive Order 12549. Debarment and Suspension. and irflllemented at 34 CFR Part 85, for prospec. tive participants in primary covered transactions. as defined at 34 CFR Part 85. Sedions 85.105 and 85,110- A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended. proposed for debarment, dOOared ineligible. or voluntarily exduded from covered transactions by any F ederat department or agency: (b) Have not within a three-year pericxl preceding this applica- tion been oonvided of or had a civil judg9lTlllnt rendered against them for rorrrrission of fraud or a crirrinal offense in <XJmedion with obtaining, attelJllling to obtain, or perfoming a pubUc (Federal. State. or local) transaction or oontrad under a public transadion: violation of F ederaJ or State antitrust statutes or rorrrrission of ermezzlement.then, forgery, bribery, falsification or destrudion of reoords, making false statements. or receiving stolen property: (c) Are not presently indicted for or otherwise crirrinallyor civilly charged by a governmental entity (Federal, State. or local) with <Xlrrl11ission of any of the offenses enumerated in paragraph (2)(b) of this certification: and (d) Have not within a three-year period preceding this application had one or nDre public transadion (Federal, State, or local) terminated for cause or default: and B. Where the applicant is unable to certify to any of the state- ments in this certification. he or she shall attach an explanation to this application, 3, DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-F ree Workplace Act of 1988. and irflllemented at 34 CFR Part 85, Subpart F, for grantees. as defined at34 CFR Part 85, Sedions 85.605 and 85,610. A. The applicant certifies that I will or wi" oontinue to prO/ide a drug-free \YOrkpIace by: (a) Publishing a statement notifying elllJloYees that the unlawful manufacture, distribution, dispensing, possession, or use of a oontrofled substance is prohibited in the grantee's \YOrkpIace and specifying the adions that win be taken against elllJloYees for violation of such prohibition: (b) Establishing an on-going drug-free awareness program to inform 9flllIoyees about: (1) The dangers of drug abuse in the workplace: (2) The grantee's policy of maintaining a drug-free workplace: (3) Any available drug oounseling, rehabilitation, and eflllloyee assistance programs; and (4) The penaRies that may be ifl1JOSed upon errployees for drug abuse violations occurring in the \YOrkpIace: (c) Making it a requirement thai each eflllloyee to be engaged in the performance of the grant be given a ropy d the statement required by paragraph (a); (d) Notifying the eflllloyee in the statement required by para- graph (a) that, as a oondition of elllJloyment under the grant. the eflllloyee will: (1) Abide by the terms of the statement: and (2) Notify the elllJloYer in writing of his or her oonvidion for a violation of a crirrinaJ drug statute OCCUrring in the \YOrkpIace no later than five calendar days aner such oonvidion: 29 BID NUMBER: RFP/DF-04/05-99 (e) Notifying the agency, in writing, within 10 calendar days after receMng notice under subparagraph (d)(2) from an e~ee or otherwise receMng actual notice of such oonviclbn, E~9fS of ronvidlld ef1llloyees mist provide notice, induding position lilIe. to: Diredor, Grants Po/icy and Oversight Staff. V,S, Depart. ment of Education, 400 Maryland Avenue, SW, (Room 3652, GSA Regional Office Building No, 3). Washington, DC 20202. 4248, Notice shall indudethe identification nurrber(s) of each affedlld grant: (f) Taking one of the following actions. within 30 calendar days 0/ receMng notice under subparagraph (d)(2), with resped to any el1lJloyee who is so ronvidlld: (1) Taking appropriate personnel action against such an em- ployee. up to and induding temination, oonsistant with the requirements 0/ the Rehabilitation Ad of 1973, as amendlld: or (2) Requiring such e~ee to participate satisfactorily in a drug abuse assistance or rehabilitation program approvlld for such purposes by a Fllderal, State. or focal health. law enforcement, or other. appropriate agency: (g) Making a good faith effol1 to oontinue to maintain a drug-free workplace through implementation cI paragraphs (a), (b). (c), (d), (e), and (I), B. The grantee may insert in the space providlld below the site(s) for the performance cI VKlI1c done in oonnection with the specific grant: Place of Perfonnance (Street address, city, rounty, state, zip code) Check ( ] if there are workplaces on file that are not identified here, OPENING DATE: JUNE 30, 2005@2:00 P.M. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Ad of 1988, and implementlld at 34 CFR Part 85, Subpart F. for granlees, as definlld at 34 CFR Part 65, Sections 85,605 and 85,610- A. As a rondition d the grant, I certify that I will not engage in the unlawful manufacture, distribution. dispensing, possessi::m, or use cI a oontroIllld substance in ronduding any activity with the grant; and B. If oonvidlld cI a crirrinaJ drug offense resulting from a violation occurring during the rondud d any grant activity, I will report the oonvidion. in writing. within 10 calendar days d the ronviction, to: Director, Grants Policy and Oversight Staff, Department of Education, 400 Maryland Avenue, SW, (Room 3652, GSA Regional Office Building No, 3), Washington, DC 20202-4248, Notice shall indude the identification nurmer(s} of each affedlld grant, As the duly aulhorizlld representative of the applicant, I hereby certify that the applicant will CCJrJ'fJIy with the above certifications, NAME OF APPLICANT PRlAWARD NUMBER AND I OR PROJECT NAME PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE ED 80-0013 12/98 30 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ATTACHMENT D 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 81/2" X 11", except any attached sketches, plans and maps which must be no larger than 2' X 3' and folded into 8 1/2" X 11 ". Six (6) copies (one copy with original signatures and (5) five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than 2:00 p.m., June 30, 2005 at: Department of Agriculture and Consumer Services Purchasing Office - U&CF - 2005 HURRICANE SUPPLEMENTAL PROPOSAL Mayo Building - Room SB-8 Tallahassee, FL 32399-0800 Telephone (850) 488-7552 If you have any questions, please see ATTACHMENT J, "Division of Forestry DistricUCenter Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Proposer Name: Name and Title of Contact Person: Address: Zip: Phone:( ) Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes? Yes No FEID Number As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the proposal and required grant information have been read and understood and that all information submitted herein is true and correct. Authorized Executive Officer: Title: Signature: Date: 31 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. ATTACHMENT D (CONTINUED) PROJECT DESCRIPTION (Two page limit, #12 font, single-space) 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM (include information that will support the evaluation criteria listed on page 12-13 of this RFP) Demonstrated Need: Storm Impact in the Project Area: Supporting Documents Included: Well-Defined Goals and Obiectives: Measurable End Results of the Project: Long-Term Management of the Project Area: Technical Correctness: Supervision and Monitoring of the Project: Recognized Specifications and Standards to be Followed: Cost-Effectiveness: Sources of Cash, Labor, Materials, and Other Resources: Sources of Matching Resources: Partnerships Contributing to Project Completion: Documentation of Cost Figures Listed in the Budget Sheet: Tree City USA Certification (current as of 2003): Tree City USA Growth Award (current as of 2003): Other Information to Support Approval of this Proiect: NOTE: This format will also serve as the Proposal Evaluation Sheet 32 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @2:00 P.M. ATTACHMENT E BUDGET Activity: Specific Description: SUMMARY OF COSTS (A 75/25 match on behalf of the proposer is required). Requested Grant $ Local Match $ I II Contractual costs Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (i) $ Totai Matching Costs (II) $ Total Program Costs (III) $ $ 100% Add columns I and II for total III (100%) % Grant request % Loca I match A budaet. detailina all costs identified above must be attached. PROJECT LOCATION INFORMATION (Please Print or Type) (Compiete where applicable) County Describe the Specific Location of the Project: Who has Responsibility for Overseeing Project implementation (name and title)? Who has Maintenance Responsibility for the Project after Completion? Is the Land Ownership Public or Private?: Name of Landowner: Project Title: Applicant Name: 33 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30,2005@2:00 P.M. ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Contractual (Description) Personnel (list titles or positions) Travel 34 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Eauipment (list items) , - 35 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Supplies* (list items) 36 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) OperatinQ Costs (list) Trees (list species and size) Overhead** * Total * Grant dollars may not be used to purchase food as supplies. Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds may not be used for overhead costs. ** 37 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @2:00 P.M. EXAMPLE BUDGET Activity: Specific Description: Replacement Plantina. Tree Prunina Broadwav/42nd Street and Islip/Rahwav Blocks SUMMARY OF COSTS (A 75/25 match on behalf of the Proposer is required) Contractual costs Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (I) Total Matching Costs (II) Total Program Costs (III) REQUESTED GRANT $ I 15,000 o o o $ $ $ 60.000 75.000 LOCAL MATCH $ II 10.000 6.000 o 5.400 5.500 o o o 26.900 101.900 100% Add columns I and II for total III (100%) 74 % Grant request 26 % Local match A BUDGET. DETAILING ALL COSTS IDENTIFIED ABOVE MUST BE ATTACHED. PROJECT LOCATION INFORMATION (Please print or type - Complete where applicable) County Grapefruit Describe the Specific Location of the Project: Valdermere. FL Who has Maintenance Responsibility for the Property? Bernice Celia. Town Manaaer Is the Land Ownership Public or Private? Name of Landowner: Project Title: Proposer Name: Public Town of Valdermere. FL. Inc. Valdermere Urban Forestrv Hurricane Recoverv Town ofValdermere 38 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects (category 2A and 28) must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Contractual (Descri ptiofi) Tree Remedial 250 Trees 1 OO/tree 15,000 10,000 Pruning 15,000 10,000 Personnel (list titles or positions) Certified Arborist Supervision, 40.00/hr 4,000.00 (Boris Smith) planning 100 hours Volunteer Labor Delivery and 10.00/hr 2,000.00 Troop 29 Planting SUBTOTAL 200 hours 6,000 Travel SUBTOTAL 39 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) EauiDment (list items) Stake Body Truck 8 hours 50/hr 400 for Delivery Irrigation System 5,000 Upgrade and Operation SUBTOTAL 5,400 40 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) SUDDlies* (list items) Planting supplies TBD $12/tree 4,800 (fert, mulch, etc.) (Per mgt plant) Shovels, gloves, 700 staking materials, etc. SUBTOTAL 5,500 ODeratina Costs (list) None 41 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Trees (list species and size) Chickasaw Plum Cypress 400 Purchase price $60,000 -0- Flowering Cherry (15 gal) $150/tree Live Oak (Florida #1) Long Leaf Pine Magnolia Purple Leaf Plum SUBTOTAL $60,000 -0- Overhead** * Total $75,000 $26,900 * Grant dollars may not be used to purchase food as supplies. Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds may not be used for overhead costs. ** 42 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30,2005@2:00 P.M. ATTACHMENT F EXAMPLE 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 81/2" X 11", except any attached sketches, plans and maps which must be no larger than 2' X 3' and folded into 8 1/2" X 11". Six (6) copies (one copy with original signatures and five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than 2:00 p.m., June 30, 2005 at: Department of Agriculture and Consumer Services Purchasing Office - U&CF - 2005 HURRICANE SUPPLEMENTAL PROPOSAL Mayo Building - Room SB-8 Tallahassee,FL 32399-0800 Telephone (850) 488-7552 If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Valdermere Urban Forestry Prooram Proposer Name: Valdermere. FL. Inc. Name and Title of Contact Person: Bernice Celia. Town Manaaer Address: 100 Main Street. Valdermere. Florida Zip: 33867 Phone: (407) 555-8733 Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes? Yes No X FEID Number 59-123456789 Has Implementation of the Practice Already Begun? Yes If So, Date Project was Initiated 12/15/04 As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the proposal and required grant information have been read and understood and that all information submitted herein is true and correct. Authorized Executive Officer: Bernice Celia Title: Town Manaaer Signature: Date: 06/01/05 43 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @2:00 P.M. EXAMPLE (CONTINUED) PROJECT DESCRIPTION (two page limit) 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM The Town ofValdermere is requesting a $75,000 Grant from the Urban and Community Forestry Grant program. Grant and budgeted funds will be used to replant trees in damaged areas, and reimburse the city for corrective pruning expenses that occurred between October 13 and December 31, 2004. Valdermere is a heavily wooded community with a population of 2,329. An urban forestry program has existed here for ten years, under the leadership of a volunteer Tree Board. The overall program is described below in terms of the U&CF Grant evaluation factors. Demonstrated Need: As a result of Category I Hurricane Force winds received during Hurricane Charley, tree canopy has been reduced from an estimated 35% before the storm to a current level of 20%. The neighborhoods indicated on the attached maps within the city limits of Valdemere experienced significant damage to trees as a result of Hurricane Frances. The map indicates areas where trees had to be removed, as well as other areas where corrective pruning was necessary to mitigate safety hazards and improve the health of the trees. A total of xxx trees will need to be replaced, and xxx trees required corrective pruning. As further evidence of the damage impacts, we have included photographs and debris removal cost figures. We realize that only those costs incurred since October 13, 2004, were not reimbursed by an outside source, and are directly related to these projects can be used as either part of the grant application or the match. Well-Defined Goals and Obiectives: Before the storm, the city had a goal of reaching a tree canopy level of 40% by 2010. Since this effort has been set back, receipt of grant funds will help to reduce the delay in meeting this goal. Under this grant, xxx trees as described above will be planted and xxx trees will receive corrective pruning. These areas will be incorporated into the city's existing urban forestry master plan for maintenance. Technical Correctness: The trees species listed in the budget section are either native to the immediate area, or have been successfully grown here for decades and have proven not to be invasive. An irrigation system exists in the area, and will be upgraded to water the new trees on a regular basis for the first year until the trees are established. The existing trees were pruned according to ISA standards. Both the pruning and the upcoming planting are under the supervision of City Aborist Boris Smith, who is ISA certified. Plantings will be conducted according to University of Florida guidelines listed on their website. Cost Effectiveness: Contract crews who conducted the tree pruning were selected from three ISA certified vendors who submitted written quotes. See attached documentation of corrective pruning costs. City employees and funds will be used to perform the tree planting. In addition, overall project costs will be reduced by using volunteers from Boy Scout Troop 29 to deliver and plant the trees. The Chamber of Commerce is providing mulch and ground cover plants. Tree Citv USA Certification: The City of Valdemere has been certified as a Tree City USA since 1991, and has earned the Tree City Growth Award for the past four years. Other SUDDortina Information: Visibility of the Project: All trees planted or treated under this project are located along city streets with heavy pedestrian and vehicular traffic. 44 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ATTACHMENT G 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM EXAMPLE RESOLUTION 00-1,23 A RESOLUTION BY THE CITY OF HOMETOWN, FLORIDA TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY WHEREAS, trees are an important part of our community; and WHEREAS, the City of Valdermere desires to apply for an Urban and Community Forestry Grant which would provide monies in which to help fund the citizen forester program; and WHEREAS, the City of Valdermere desires to apply for an Urban and Community Forestry Grant which would provide monies in which to help fund the citizen forester program; and WHEREAS, the City of Valdermere wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Hometown, Florida and the Florida Department of Agriculture and Consumer Services; NOW, THEREFORE, BE IT RESOLVED by the City council of Valdermere, Florida: Section 1. The City Council supports the development of a citizen forester program to allow continuation of the city's tree planting program. Section 2. The City Council hereby authorizes the City Manager to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Valdermere, Florida and Florida Department of Agriculture and Consumer Services. INTRODUCED, PASSED AND ADOPTED THIS THE 10TH DAY OF JUNE, 2005. BY: Mayor ATTEST: APPROVAL AS TO FORM: City Clerk City Attorney 45 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. ATTACHMENT H 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM GRANT MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of ,20_by and between the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, an agency of the State of Florida, hereinafter called the "Department" and the Town of Valdermere, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the application of the principles of urban and community forestry by granting funds to the Entity (Subre.cipient) for the purpose as outlined in grant Application Number 005-67, included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664; WHEREAS, the Department and the Entity (Subrecipient) are of the opinion that the citizens of the state would benefit from the implementation of urban and community forestry projects that improve our communities through the proper care of trees and related plant materials; WHEREAS, the Department has awarded the Entity (Subrecipient) an urban forestry grant for the specific project set forth in the U&CF Grant Application Number 005-67, hereinafter the "project"; WHEREAS, the Entity (Subrecipient) by Resolution No. 2004-06 & 07, dated June 10. 2005, has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; WHEREAS, the parties hereto mutually recognize the benefits of such a project as described in the U&CF Grant application and the need for entering into an agreement designating and setting forth the responsibilities of each party; NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other, the parties covenant and agree as follows: A. Failure by the Entity (Subrecipient) to sign and return this agreement, within 45 days upon receipt of the agreement, shall constitute forfeiture of the award. 8. The effective date of this agreement is ,20 C. The Entity (Subrecipient) shall complete the project by September 30,2007, as set forth in the Urban and Community Forestry Grant Application Number 005-67 approved by the Department on August 1, 2005, during which time the grant shall continue in effect. The criteria for the project is set forth therein. The final date by which such criteria must be met for completion of this agreement is September 30, 2007. The project to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. The Entity (Subrecipient) shall not change or deviate from the project without written approval by the Department. D. The Entity (Subrecipient) has estimated the project cost to be $101.900 as shown on the grant application budget sheet attached as Exhibit 8. The Department agrees to reimburse to the Entity (Subrecipient) the total sum of $75.000 or seventy five percent (75%) of the final approved project costs, whichever is less (the "Grant Amount"). The Grant Amount is limited to only those items which are directly related to this project as described in Exhibits "A" and "B". Project costs incurred prior to October 13. 2004, are ineligible for reimbursement. To assist the Entity (Subrecipient) with the initial three (3) months of implementation, the Department may make an advance of the grant award. The 46 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. Entity (Subrecipient) must request the advance payment in writing using forms provided by the Department. Funds provided as an advance payment must be placed in a non-interest bearing account. Only one advance payment will be made; thereafter, disbursements will be made on a reimbursement basis. The final payment shall not be made until Certification of Acceptance is received from the Department. For installed plant materials, a sixty (60) day grow-in-period will be required after project completion. Certification of Acceptance by the Department may be requested sixty (60) days after project completion. Upon receipt of the Certification of Acceptance, the Entity (Subrecipient) may submit an invoice for final payment. The Entity (Subrecipient) must submit the final claim for reimbursement to the Department on or before November 15,2007. (1) Purchases of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written record of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. (2) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof, and bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. (3) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include all records of the costs of the Entity (Subrecipient) and subcontractors considered necessary by the Department for a proper audit of the project. (4) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO, for a period of 36 months from the date of being placed on the convicted vendor list. (5) The CONTRACTOR is informed that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or a public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. E. The Entity (Subrecipient) agrees to maintain plant materials established as a part of the project for a period of three years and enter into an agreement which designates and sets forth the duties and responsibilities of the parties in maintaining the project. F. The Entity (Subrecipient) agrees to submit to the Department an interim report on project accomplishments by December 31, 2005 and a final report summarizing project accomplishments as a prerequisite to final acceptance by the Department. Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of this agreement according to the provisions of Section 7(b). The Entity (Subrecipient) upon project completion shall submit a news release to local newspaper media highlighting the successes of the project. G. This Agreement may be terminated under anyone of the following conditions: (1) The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation 47 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida Statutes. (2) By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement, following thirty (30) calendar days written notice by the Department. (3) By either party following sixty (60) calendar days written notice. (4) By both parties following the complete execution by both parties of an agreement to terminate this Agreement. (5) Notice to Entity (Subrecipient): The Department shall consider the employment by any Entity (Subrecipient) of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this agreement. H. Notwithstanding any provision of this Agreement to the contrary but subject to Subparagraph 7(b), in the event this Agreement is terminated before the Department has paid the Entity (Subrecipient) the entire Grant Amounfthen the Department agrees to pay the Entity (Subrecipient) the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Entity (Subrecipient) a percentage of the Grant amount equal to the percentage of the project's completion. I. Extension of a contract for contractual services shall be in writing for a single period only not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department. J. As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of such party or any of its officers, agents or employees. K. The Entity (Subrecipient) certifies that neither it or its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for participation in this grant program by any Federal department or agency. L. This Agreement, together with any Maintenance Agreement, if executed, embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not superseded hereby. M. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or in part without the expressed written consent of the Department. N. This Agreement, regardless of where executed, shall be govemed by and construed in accordance with the laws of the State of Florida. O. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or telegram: (1) If to the Department, address to Program Coordinator, 3125 Conner Boulevard, Suite R-8, Forest Management Bureau, Tallahassee, Florida 32399-1650 or at such other address the Department may from time to time designate by written notice to the Entity (Subrecipient); (2) If to the Entity (Subrecipient) addressed to: 48 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. Ms. Berrnice Celia Town of Valderrnere Post Office Drawer 669 Windermere, Florida 34786 or at such other address as the Entity (Subrecipient) from time to time designates by written notice to the Department. All time limits provided hereunder shall run from the date of receipt of all mailed notices, demands, requests and other instruments, or from the date telexed or faxed. p, Time is of the essence of this agreement. It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The following provisions of A through G are not applicable to procurement contracts used to buy goods or services from vendors, but are only applicable to a contractor subject to the Florida Single Audit Act. A. There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215.97, Florida Statutes (F. S.), which may be applicable to and binding upon Recipient. Nonstate entity means a local governmental entity, nonprofit organization, or for-profit organization that receives state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agency. B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a state single or project-specific audit conducted for such fiscal year in accordance with Section 215.97, F. S., applicable rules of the Executive Office of the Governor, rules of the Chief Financial Officer, and Chapter 10.600, rules ofthe Auditor General. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state funds received from this Department resource, except that state financial assistance received by a Nonstate entity for federal financial assistance and state matching requirements shall be excluded from consideration. C. Audits conducted pursuant to Section 215.97, F. S., shall be: (1) performed annually, and (2) conducted by an independent auditor in accordance with auditing standards as stated in rules of the Auditor General. D. Regardless of the amount ofthe state financial assistance, the provisions of Section 215.97, F. S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F. S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F. S. The Recipient is required to retain sufficient 49 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the department of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 215.97, F. S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F. S. The financial reporting package means the nonstate entities financial reports, management letter, auditee's written responses or corrective action plan, correspondence on the follow-up of prior years corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F. S. Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, FL 32399-0800 (b) The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 G. The Recipient is hereby notified of and bound by the requirements of F., above. If this agreement contains federal funding in excess of $100,000, the Entity (Subrecipient) must, prior to agreement execution, complete the Certification Regarding Lobbying form. If a Disclosure of Lobbying Activities, Standard Form LLL, is required, it may be obtained from the Department. All disclosure forms as required by the Certification are attached. The Lobbying form must be completed and returned to the Department. The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement hereby acknowledges and agrees that it will comply with the applicable provisions of the latest version of Office and Management Budget Circular No. A-133 - Revised June 27, 2003 (Audits of States, Local Governments, and Non-profit Organizations). Copies of the latest version of the above which would relate to the undersigned Entity (Subrecipient) are available for review at the following address: Department of Agriculture and Consumer Services Division of Administration, Contract Administrator Room 509, Mayo Building Tallahassee, FL 32399-0800 If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in a fiscal year, either directly from federal agencies or indirectly through other units of state or local governments or a combination thereof, the Entity (Subrecipient) shall have an audit made in accordance with the Office of Management and Budget Circular No. A-133 (Audits of State, Local Governments, and Non-profit Organizations). The $500,000 threshold specified above shall be from all federal sources, not just the amount provided by this agreement. The undersigned Entity (Subrecipient) receiving funds under this agreement hereby agrees that it will allow the Department of Agriculture and Consumer Services and any federal agency to audit the Entity's (Subrecipient's) books for compliance with the above applicable circulars. The Entity (Subrecipient) acknowledges and agrees that public use of all reports or other printed material, videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the copyright laws of the United States of America. All products (brochures, signs, videos, etc.) funded by the Urban 50 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. and Community Forestry Grant must display a statement that the material has been prepared using Urban and Community Forestry grant funds received through the Division of Forestry. Entities (Subrecipients) providing goods and services to the Department should be aware of the following time frames. Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice was received or the goods or services are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850)488-2020 or Purchasing Office at (850) 488-7552. Invoices which have to be returned to an Entity (Subrecipient) because of Entity (Subrecipient) preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Entities (Subrecipients) who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-7269 or by calling the-Department of Financial Services' Hotline, 1-850-410-9724. The Entity (Subrecipient) is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The Entity (Subrecipient) is informed that the Department shall consider the employment by an Entity (Subrecipient) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this agreement. The contractor is informed that an entity or affiliate who has been placed in the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 51 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES BY: Director Division of Administration Town ofValdermere Name of Entity (Subrecipient) BY: TITLE: 52 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @2:00 P.M. ATTACHMENT I URBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of , 20 , by and between the STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, an agency of the State of Florida, hereinafter called the Department and the Town of Valdermere, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and community forestry by granting funds to the Entity (Subrecipient) for the establishment of a demonstration tree planting project as outlined in the Urban and Community Forestry grant application Number 005-67 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a part hereof; - --- WHEREAS, the Department has awarded the Entity (Subrecipient) an urban and community forestry grant for the improvements to the project property more particularly set forth in the Grant Agreement; WHEREAS, the Entity (Subrecipient) agreed in the Grant Agreement to maintain the project (as described in the Grant Application); WHEREAS, the parties hereto recognize the need for entering into an agreement designating and setting forth the responsibilities of each party in maintaining the project; and WHEREAS, the Entity (Subrecipient) by Resolution desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other herein and in Exhibit "1", the Grant Memorandum of Agreement, the parties covenant and agree as follows: A. The Entity (Subrecipient) shall maintain the project in a responsible manner and with due care in accordance with the below listed Project Standards for the property at the following location: Town ofValdermere. Specifically, the Entity (Subrecipient) accepts the below listed responsibilities and duties: (1) All planting stock or replacement must be Florida Grade #1 or better, unless otherwise agreed upon in writing by the Urban Forestry Coordinator. (2) Proper watering and proper fertilization of all trees/plants. (3) Keeping trees/plants as free as practicable from disease and harmful insects; (4) Proper mulching of trees and/or planting beds; (5) Keeping the premises free of weeds; (6) Mowing and/or cutting grasses to the proper length; (7) Proper pruning of all trees which includes; (i) removing dead or disease parts of trees or (ii) pruning such parts thereof which present a hazard; (8) Removing and replacing dead or diseased trees/plants in their entirety, or removing and replacing those that fall below original Project Standards. (9) Following the Planting and Maintenance Guidelines as included herein as Exhibit C. The Entity (Subrecipient) agrees to repair, or remove and replace at its own expense all or part of the project that falls below Project Standards. In the event any part or parts of the project, including all plants, must be removed and replaced for whatever reason, then they shall be replaced with the same grade, size and specification as provided in the original plans for the project. Furthermore, the Entity (Subrecipient) shall keep litter removed from the project area. The above named functions to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. It is 53 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. the intent of the parties hereto that except as otherwise provided in paragraphs 2 and 4 hereof, the Entity (Subrecipient) shall be the owner of the planting and other installations included and stipulated in the grant application comprising the project. B. This Agreement may be terminated under anyone of the following conditions: (1) By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement or for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or secured by the Entity (Subrecipient) in conjunction with this Agreement following reasonable written notice. (2) By either party following sixty (60) calendar days written notice. (3) By both parties following the complete execution by both parties of an agreement to terminate this agreement. C. The terms of this Agreement commence on the date of Certification of Acceptance and continue for a 'period of three (3) years. D. In the event this Agreement is terminated in accordance with subparagraph 2(a) then the Entity (Subrecipient) shall refund to the Department a pro-rated portion of the grant award based upon the following schedule: (1) If this agreement is terminated within one year of the date in Paragraph 3, 75 percent of the grant award. (2) If this agreement is terminated during the second year of this agreement, 50 percent of the grant award. (3) If this agreement is terminated during the third year of this agreement, 25 percent of the grant award. E. As applicable under Florida Statute 768.28, the Entity (Subrecipient) Covenants and agrees that it shall indemnify and hold harmless the Department and all of the Department's officers, agents and employees from any claim, action, neglect or omission by the Entity (Subrecipient) during the performance of the Agreements, whether direct or indirect, and whether any person or property to which the Department or said parties may be subject, except that neither the Entity (Subrecipient) nor any of its sub-contractors shall be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. F. This Agreement, together with the Urban and Community Forestry Grant Memorandum of Agreement, embodies the entire agreement and understanding between the parties hereto an!=! there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not superseded hereby. G. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or in part without the expressed written consent of the Department. H. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. I. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or telegram: If to the Department, addressed to Urban Forestry Program Coordinator, Forest Management Bureau, 3125 Conner Boulevard, Suite R-3, Tallahassee, Florida 32399-1650 or at such other address the 54 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30,2005@2:00 P.M. Department may from time to time designate by written notice to the Entity (Subrecipient); and If to the Entity (Subrecipient) addressed to: Ms. Bernice Celia Town ofValdermere Post Office Drawer 669 Windermere, Florida 34786 or at such other address as the Entity (Subrecipient) from time to time designates by written notice to the Department. All time limits provided hereunder shall run from the date of receipt of all mailed notices, demands, requests and other instruments, or from the date telexed or faxed, J. Time is of the essence of this agreement. It is mlJ1ually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The following provisions of A through G are not applicable to procurement contracts used to buy goods or services from vendors, but are only applicable to a contractor subject to the Florida Single Audit Act. A. There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215.97, Florida Statutes (F. S.), which may be applicable to and binding upon Recipient. Nonstate entity means a local governmental entity, nonprofit organization, or for profit organization that receives state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agency. B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a state single or project-specific audit conducted for such fiscal year in accordance with Section 215.97, F. S., applicable rules of the Executive Office of the Governor, rules of the Chief Financial Officer, and Chapter 10.600, rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state funds received from this Department resource, except that state financial assistance received by a Nonstate entity for federal financial assistance and state matching requirements shall be excluded from consideration. C. Audits conducted pursuant to Section 215.97, F. S., shall be: (1) performed annually, and (2) conducted by an independent auditor in accordance with auditing standards as stated in rules of the Auditor General. D. Regardless of the amount ofthe state financial assistance, the provisions of Section 215.97, F. S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records conceming state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F. S. 55 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F. S. The Recipient is required to retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the department of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 215.97, F. S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F. S. The financial reporting package means the nonstate entities financial statements, Schedule of State Financial Assistance, auditor's reports, management letter, auditees written responses or corrective action plan, correspondence on the follow-up of prior years corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F. S. Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, FL 32399 0800 (b) The Auditor Generals Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 323021450 G. The Recipient is hereby notified of and bound by the requirements of F., above. The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement hereby acknowledges and agrees that it will comply with the applicable provisions of the latest version of Office and Management Budget Circular No. A-133 - Revised June 27, 2003 (Audits of States, Local Governments, and Non-profit Organizations). Copies of the latest version of the above which would relate to the undersigned Entity (Subrecipient) are available for review at the following address: Department of Agriculture and Consumer Services Division of Administration, Contract Administrator Room 509, Mayo Building Tallahassee, FL 32399-0800 If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in a fiscal year, either directly from federal agencies or indirectly through other units of state or local governments or a combination thereof, the Entity (Subrecipient) shall have an audit made in accordance with the Office of Management and Budget Circular No. A-133 (Audits of State, Local Governments, and Non-profit Organizations). The $500,000 threshold specified above shall be from all federal sources, not just the amount provided by this agreement. The undersigned Entity (Subrecipient) receiving funds under this agreement hereby agrees that it will aI/ow the Department of Agriculture and Consumer Services and any federal agency to audit the Entity's (Subrecipients) books for compliance with the above applicable circulars. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. 56 BID NUMBER: RFPIDF-04/05-99 BY: BY: TITLE: OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Director, Division of Administration Town of Windermere Name of Entity (Subrecipient) 57 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005@2:00 P.M. EXHIBIT C PLANTING AND MAINTENANCE GUIDELINES A. Planting Site factors which influence long-term survivability should be considered: overhead and underground utilities, sidewalks, sign conflicts, traffic visibility, light poles, right-of-way or site improvements, size of planting space/site, etc. All planting stock or replacement stock must be Florida Grade #1 or better. All synthetic or non-biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc. must be removed from the root ball before planting. All biodegradable material should be removed from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from extending above the soil surface where it can act as a wick and dry the surrounding soil. If trees are planted with wire baskets around the root ball, it is recommended that the top two tiers of wire be cut and removed after the root ball is set in the planting hole. The planting hole should be at least 3-5 times the diameter of the root ball (where possible) and the same depth as the root ball. Position the tree or palm in the center of the planting hole with the top of the root ball even with the surrounding soil surface. Backfill with soil from the planting site, if it is not contaminated. All large rocks should be removed. When the hole is half full, slowly water to saturate the soil and remove air pockets, then continue to fill the hole with soil. It is not recommended that large amounts of organic matter be incorporated into the backfill. Rake the soil evenly around the entire planting area. Water thoroughly to remove air pockets, secure the soil around the roots, and provide nourishment. B. Mulching Mulch an area at least three times the diameter of the root ball to a depth of 2-4" with wood chips, bark mulch, shredded mulch, leaves or pine needles. Keep the mulch several inches away from the tree or palm trunk. Replenish mulch as it decomposes maintaining a 2-4" layer over the life of the project. C. Staking Stake only if necessary; for example, if the tree or palm will not stand on its own due to potential vandalism or strong winds. Use flexible materials such as strapping or commercially available ties that give as the tree diameter increases and as the tree moves. Biodegradable material is recommended. Do not use wire even if the wire is inside rubber hosing. 58 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. Stakes and ties should remain on the trees no longer that one year to avoid girdling. D. Pruning At the time of planting, only dead, damaged, rubbing or cross braches or fronds should be removed. Remove sucker sprouts from the base of the tree after planting. Corrective/structural pruning can begin approximately one year after planting. Do not remove more than 1/3 of the live crown during one growing season. E. Watering Establish a regular watering schedule and follow it. Slow deep watering is recommended. Additional water may be needed during hot or dry periods. As tree or palm growth progresses, be sure to water outward (away from the trunk) to the surrounding soil area. This will promote the outward growth and spread of roots. Various species of trees or palms and/or soil types may require varied degrees of watering. Soil moisture and tree health should be monitored and irrigation adjusted accordingly. Non-irrigated sites need to be monitored more closely. F. Fertilizing Begin a fertilization program within the first year of planting. Broadcast fertilizing or fertilizer plugs/stakes are recommended. Fertilize lightly after the first year using a balanced fertilizer (rates should be based on the size of the tree or palm and any special nutrient requirements). If micronutrient deficiencies are suspected, have a soil test completed and supplement the fertilization program accordingly. 59 BID NUMBER: RFP/DF-04/05-99 OPENING DATE:.JUNE 30, 2005@2:00 P.M. ATTACHMENT J FLORIDA DIVISION OF FORESTRY DISTRICT/CENTER CONTACTS Blackwater Forestry Center (Escambia, Santa Rosa, Okaloosa Counties) Center Manager - Weldon Sonny Greene 850/957 -6140 Chipola River District (Bay, Calhoun, Gulf, Liberty, Holmes, Jackson, Walton, Washington Counties) District Manager - Joe Anderson 850/872-4175 Tallahassee District (Leon, Wakulla, Jefferson, Gadsden, Franklin Counties) District Manager - Tom Ledew 850/414-1131 Perry District (Taylor, Dixie, Madison, Lafayette Counties) District Manager - John K. Fish 850/838-2290 Suwannee District (Columbia, Baker, Hamilton, Suwannee, Bradford, Union Counties) District Manager - Mark Crow 386/758-5700 Jacksonville District (Duval, Clay, Nassau Counties) District Manager - Bruce Hill 904/266-5003 Waccasassa Center (Alachua, Marion, Gilchrist, Levy, Putnam Counties) Center Manager - Don West 352/955-2005 Bunnell District (Volusia, St. Johns, Flagler Counties) District Manager - Mike Kuypers 386/446-6787 Withlacoochee Forestry Center (Pasco, Sumter, Hernando, Lake, Citrus Counties) Center Manager - Winnie Schreiber 352/754-6777 Orlando District (Orange, Osceola, Seminole, Brevard Counties) District Manager - John Koehler 321/690-6465 Lakeland District (Polk, Hillsborough, Pinellas Counties) District Manager - Gary Zipprer 863/648-3163 60 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @2:00 P.M. Myakka River District (Manatee, Sarasota, Charlotte, DeSoto, Hardee Counties) District Manager - Ed Flowers 941/751-7629 Okeechobee District (S1. Lucie, Martin, Indian River, Highlands, Glades, Okeechobee Counties) District Manager - Jim Rath 863/462-5160 Caloosahatchee District (Lee, Collier, Hendry Counties) District Manager - Hank Graham 239/694-2181 Everglades District (Palm Beach, Broward, Dade, Monroe Counties) District Manager - David Crane 954/475-4120 61 .crr. VI.-CONSENT AGENDA ITEM C.9. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meetinll. Dates in to City Clerk's Office Meetinl! Dates 0 April 5,2005 March ]4,2005 (Noon,) 0 June 7, 2005 0 April 19, 2005 Apri14,2005 ONoon) ~ June 21, 2005 0 May 3, 2005 ~I ]8,2005 ONoon) 0 July 5, 2005 0 May 17,2005 May 2, 2005 ONoon) 0 July 19,2005 Date Final Form Must be Turned ill to City Clerk's Office May ]6,2005 ONoon) June 6, 2005 ONoon) June 20, 2005 ONoon) July 5, 2005 ONoon) " '. ~~ 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report l"-J U'j 0'; .! -:: J;,a :1!: ......:...... :~ _.P, D.,... r"<) .:. .) --'1 '''lOJ -fTl ~> CJ ...... ~ RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with R.I. & J. Financial, Inc. for the property at 7872 Terrace Rd, Lake Worth, FL (Tropical Terrace LT 116). EXPLANATION: The parcel covered by this agreement includes a single-family home located in Tropical Terrace. Only potable water is available for connection to the property at this time. (See location map) PROGRAM IMPACT: A Water Distribution exists on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None fY V, l L 1\ \ ~ S Department Name City Attorney I Finance I Human Resources XC: Peter Mazzella (wi copy of attachments) Michael Rumpf, Planning & Zoning Anthony Penn File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R05- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND R.I. & J FINANCIAL, INC.; 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 7872 Terrace Road, Lake Worth, Florida (Tropical 14 Terrace Lot 116); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 located in Tropical Terrace project area; and 17 WHEREAS, a water distribution main has recently been completed on this street 18 allowing for the service to this parcel; and 19 WHEREAS, no additional construction will be required by the City to serve this 20 property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby authorizes and directs the City Manager 27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and R.I. & 28 J. Financial, Inc., which Agreement is attached hereto as Exhibit "A". S:\CA\RESO\Agreements\Water Service\RI&J Financial Water Service Agreement-doc 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 27 28 29 30 Attest: Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of , 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:\CA\RESO\Agreements\Water Service\R1&J Financial Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION T~ AGREEMENT made on this day of ,200--, by and between R . :[ ::r. hi-. OJ\ if J :::if1 c.. hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a mkicipal corporation of the State of Florid~ hereinafter called the "City" . WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: I. The City agrees to provide Customer with water service from its Municipal Water System to service the real property descnDed as follows and which Customer represents is owned by .Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are /4 4 Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be respoDSlble for installation in conformance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of,the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other :facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall ,; cooperate with the City and not raise opposition or challenge to such annexation if and when;: annexation is initiated. The property sbalI be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer wiD inform any and all assigns or purchasers ofany or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shaIl not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Flo~ and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer an<I all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, ~ employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby_ 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this / .,gw, day of ~1 , 200..s-:- t7 - WITNESS: CORPORATION AS OWNER(S): ~ ~~_/ ---, President's Signature flQ(l~ S(/4""J-l.-h <., Printed ident's Name ~au ~l~ Witness Signature , S IJSlJlv {~OLC-(!V{ Printed Witness Name ,Lwk~ . hLu~~ Witness Signature 6 K e-fv fi (L.( t'~1. In tZ dd f' Y1 Printed Witness Name 3 , f'tlJA;t/ C Q CL (lJ J Printed Witness Name v6.-u~~D- k, , )I( t:dJ!-~ Witness Signature '7 6adoCd:,t'<.. /'vi, Jt1AdJ tv, Printed Witness Name -.R \C U (JI" fl t(p Iv ? Printed Vice President/Secretary's Name .- cd;) /> /)# ' HC~~/l(/ Witness Signature (CORPORATE NOTARIZATION) FOR CORPORATE NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afc esaid an, in the County afore~d to take acknowledgments, personally appeared t)iJlk.- 'UI,zX-fl- ",. et/ ,f::tc#Att. ~.v-rt) S to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was ~nally known to me or provided the following proof of identification: FL . ,j:) /2/ t/ ~ s- Lt c e -e.(S e- . ~. WITNESS my hand and o~ial seal in the County and State last aforesaid this /31/4 day of:: ~ d.c'1 , 200~ ~ - (Notary Seal) NOTARY PUBUC-5TATE 0 ~ J dith F FWRlDA U A. Pyle CO~OD # DD421091 Bonded UpU'eS: APR. 21, 2009 Thtu AtIandc Bonlling Co., fnc. WITNESS: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ATTEST: City Clerk STATE OF FLORIDA ) 4 ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authoriz~d in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , City Manager and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscn'bing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this , 200_. day of (Notary Seal) Notary Public Approved as to form: City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren. P .A. 3099 East Commercial Blvd, Suite 200 Ft. lauderdale. Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF jJ/k-/tt g~ I/We, R,I. ~ J. ,:::",:;) (\ec.'rQI TA(", < , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete:: a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: OO-c[~-lf~ ~ lo- 07- 000- Jl~O The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall '1J1 / Grantee! commence and be in full force and effect on the 13ft, day of , 20 tJ 5' and the powers and authority shall be irrevocable by ,. l' (/ Jj} 11/ tOLl / Iv J' Printed Witness Name IN WITNESS WHEREOF. we have hereunto set our hands and seals the /.3-/1, ~ (iAy . in the year two thousand and ..;;/ & .. f/ Sealed and delivered in the presence of ~ML~'^, ~ ~ Wrtness Signature ./p;;;('~~~ ..- ~004!(j ,)G4C/4r+~~~ Printed President's Name day of /1 .1 ~~~~_ if, 11L(j;~ Witness Signature t6ti e bet 12C( }11' YVl t( d c.J ~. rJ Printed Witness Name S'fjJlh1/ Co Ltl/lf J' Printed Witness Name .k /" /;lZ ~ --:?/2<,^ ~~t / Witness Signature v1~"uL Jt\ ' 4-L:R.e4-L Witness Signature 64~ lYe €4 )41. fYl?[ del e h Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT ~ acknowle.gged before me this i:#t, day of ';1k'~ ,20 tiS-: by ~4-L1J ~ ILItl,e761114 and I! u..:i-h4.t..~ ~ A/TtJ ~ -. who are known to me or who have produced Fl., /)"'/~J I-tCl'VSE- . as identi~lake an oath. NotARY rmuC.STATE OP FLORIDA NOc.Y PUBLIC !/ ~ Judith A. Pyle '_ commission # DD421091 Type or Print Name Expires: APR. 21, 2009 Commission No. Bonded Thna Adudc Bonding Co., Inc. Division of Corporations Page I of 2 Florida Profit R.I. & J. FINANCIAL, INC. PRINCIPAL ADDRESS 2060 NW 15TH PLACE DELRA Y BEACH FL 33445 MAILING ADDRESS 2060 NW 15TH PLACE DELRA Y BEACH FL 33445 Document Number PO:\OOOl18160 FEI Number 20tH 22 150 Date Filed 10/20/200:\ State FL Status ACTIVE Effectin Date 10/1 V20tH Registered Agent Name & Address SCH\\',-\RTZU\N. RONALD 2060 N\\' 15m PL\CE DELR-\ Y BE.\CH FL 33445 Officer/Director Detail I Name & Address II Title I SCHW,-\RTZl\l\. RON,\LD G 2060 NW 15m PLACE DELR\ Y BEACH FL 33445 ~ONTOS. RICH,\RD c:J 2060 N\\' 15m PLACE DELR-\Y BEACH FL 33445 SCHW,-\RTZl\l\. RONALD [J 2060 N\\' 15TH PL.\CE DELR-\Y BE.-\CHFL 33445 httD://wwwsunbiz,org/scriDts/cordet.exe?al =DETFIL&n 1 =P03000 118160&n2=OFFFWD", 5/2/2005 Divi si on of C orporati OilS Page 2 of 2 I Report Year II Filed Date I I 200.. " 02 2.. 2()(q I I 2005 " 0.. 29 2005 I Annual Reports Previous Filing R etu rn to List Next Filing No Events No Name HistOlY Information Document Images Listed below are the images available for this filing. 04/29/2005 -- ANNUAL REPORT 02/14/2004 -- ANNUAL REPORT 10/20/200) -- Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT .~"~ . . ..Hlf",:~'/,:: '""",;:",'":";:'-,,.,,"'_:::~:~ _.', ~.".i_ ;::~, '\.'- ",'. : ." . .. "" . ., . ,,' .. " ~,'. - . , :,:," J."~~,~', :,J Tf'~:f':': ,:"'.<:~/':~> " ':::;~:~. ~ :'~;-_;- htto://www,sunbiz,onllscriots/cordet.exe?al=DETFIL&nl =P03000 118160&n2=OFFFWD.., 5/2/2005 10/16/2883 15:27 954428569'3 GM FINANCIALGROUP PAGE 82 !-1C;jc;(JC)30,\\LII ~ Articles of Incorporation of R.I. & J. Financial, Inc. a Florida corporation The undersigned incorporator( s) for the purpose of forming a corporati on un.der the Florida . Business Corporation Act, hereby adopt( s) the following Articles of IncO!poration. ARTICLE I - NA.l\1E The name of the corporation shall be: R.I. & 1. Financial, Inc. ARTICLE II - PRINCIPAL OFFICE The principal place of business and mailing address of the corporation shall be: 2060 NW 15th Place Delray Beach, FL 33445 Filer: OM Finaucjal GrQUP, Inc. c/o Jaime Beard 1191 E. Newport Center Drive Suite 103 Deerrleld Beach, FL 33442 (954)428.g899 (95'~ )428-6699 Fax -1- \--\ 0,3 ()Co?J.,') Ill-ll .~ IB/16/28B3 15:27 954'12866'39 Grvl FmANCIALGROUP PAGE D3 I" \-\c ~C0C:;~\ \ '--t \ ~ ARTICLE HI - AUTHORIZED SHARES The number of shares the corporation is authorized to issue is: ONE THOUSAND (1,000) SHARES OF COMMON STOCK. ALL OF ONE CLASS, DESIGNATED AS COlv1:MON STOCK HAVING A PAR VALUE OF TEN CENTS ($,10) PER SHARE. The Board ofDirector(s) ofthe Corporation may authorize the issuance from time to time of sha,'es of its stock of any class, whether now or hereafter authorized, or se,:urities convertible into shares of its stock of any class, whether now or hereafter authorized, for such consideration as the Board ofDirector(s) may deem advisable, subject to such restrictions or limitations, if any, as may be set forth in the bylaws of the Corporation. ARTICLE IV.. INITIAL REGISTERED AGENT AND ADDRESS The name and address of the initial registered office is: Ronald Schwartzman 2060 NW 15th Place Delray Beach, FL 33445 ARTICLE V - INCORPORATOR(S) The name(s) and street addressees) of the incorporator(s) to these Articles of Incorporation: Ronald Schwartzman 2060 NW 15t11 Place Detray Beach, FL 33445 -2- \--,\' C:2. C...,'C-..(",2.,r': \ \ l._{ \ .~ ,-'-.-:> - ~ 'J_.......} IBi16/2BB3 15:27 ':54428669'3 GM FINANCIALGROUP PAGE 84 \--- \ l_ "~ C.:c: C) '?J"_~ \ \ l-l \ .:( .~ ARTICLE VI - INITIAL BOARD OF DIRECTORS The corporation shall be managed by a Board of Directors consisting of no less than one director(s). The number of directors may be either increased or diminished from time to time, as provided in the bylaws, but shall never be less than one, The narne(s) of the initial director(s): President: Vice Presjdent: Treasurer: Ronald Schwartzman Richard Kontos Ronald Schwartzman ARTICLE VII - AMENDMENTS The corporation reserves the right to amend, alter, change, or repeal any provision in these Articles of Incorporation, or in any arnen.dment hereto, or to add any provision to these An:icJes of Incorporation or to any amendment hereto, in any manner now or hereafter prescribed or permitted by the provisions of any applicable statute of the State of Florida, and all rights conferred upon shareholders in these Articles or any amendment hereto are granted subject to this reservation.. ARTICLE VIII - ,PURPOSES Bmiiness Purpose: To buy and sell real estate. - 3 - \-- \ (-'< ~, C,'CIJ5~ \ \ \.{ \ 1- ./, -...J 1 ,J,/ 15/ 21383 15:27 '3544286599 GM FmAI'lCIALGRClUP F'AGE 05 .. t"---\C~;"J;>-,(- (--',.''2,-'' \ I Ct I '-:? 11 ,~~ ...1'-..... '-'- l H ~ -...J ~IX.. SUB-CHAPTER S CORPORATION Tflc Corporation may elect to be an S Corporation,. as provided in Sub.Chapter S of the Imernal Revenue Code of 1986, as amended. The shareholders of thi.5 corporation may elect and, if elected, shall continue such election to be an S Corporation as provided in Sub- 'Cbapter S of the Internal Revenue Code of 1986, as amended, unless the shareholders of the corporation unanimously agree otherwise in writin.g. After this corporation has elected to be an S Corporation, none of the shareho tders of this Corporation, without the written consent of all the shareholders ofthis corporation shall take any action, or make any transfer or other disposition of the shareholders' shares of stock in the corporation, which wiU result in the termination or revocation of such election to be an S Corporation, as provided in Sub-Chapter S of the Internal Revenue Code of 1986, as amended. Once the corporation has elected to be an S Co.rporation, each share of stock issued by this corporation shall contain the following legend: "The shares of stock represented by this certificate cannot be transferred ifsuch transfer would void the election ofthe corporation to blC taxed Wlder Sub-Chapter S of the Intern",l Revenue Code of -4- \--1 (~/3 L(~C:~ \ I (---\ i J.., 10/16/2083 15:27 954428659'3 GM FINANCIALGROUF P,~GE De, \ I ' ) '" " . ." ':::> ".. Ii. '.. '--., 'Ii '-.,' :~C(~C ,~l~ d'-i t ~ 1986, as amended." ARTICLE X. SUAREHOLD,ERS' RESTRICTlVE AGREEMENT All of the shares of stock of thls corporation may be subject to a shareholders' restrictive agr~ement containing numerous restrictions on the rights of shareholders of the corporation and transferability of the shares of stock of the corporation. A copy of the Shareholders' Restrictive Agreement, if any, is on, fHe at the principal office of the corporation. ARTICLE XI - POWERS OF CORPORATIO~ The corporation shall have the same powers as an individual to do all things necessary or convenient to carry out its business and affairs, subject to any limitations or restrictions imposed by applicable law or these Articles of Incorporation. ARTICLE XII - TERM OF EXISTENCE This corporation shall have perpetual existence. ARTICL.E XIII- BYLAWS The Board of Director(s) of the Corporation shall have power, without the assent or vote of the shareholders~ to make, alter. amend or repeal the Bylaws of the COtporatjon~ but the affirmative vote of a number of Director(s) equal to a majority of the number who would constitute a full Board ofDirector(s) at the tin1e of such action. shall be necessary to take any action for the making, alteration~ amendment or repeal of the Bylaws, -5- \-\ c' '\CC~C~~', ~C ! \ 1.--\ \ :~ 10/15/2003 15: 27 9544286699 GM FINANCIALGROUP PAGE 8:3 ,~ . \-tc~c,c: .,~c \ \ Ll \ .~ CERTIFICATE OF DESIGNATION REGISTERED AGENT/REGISTERED OFFICE PUfsuam to the provisions of section 607.0501, Florida Statutes, the undersigned corporation, organized under the laws of the State of Florida, submits the following statement in designating the registered office/registered agent, in the State of Florida. 1. The name of the Corporation is: R.L& 1. Financial, Inc. 2. The registered agent and office is: Ronald Scbwartzman 2060 N\V 15th place Delray Beach, Fl 33445 Having been named as registered agent and to accept service of process for the above stated corporation at the place designated in this certificate, I hereby accepted the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete perfonnance of my duties, and I am familiar wit d accept the obligations of my position as registered agent. "/~ /' .- ./ ./:.,/ ~ald Sch~artzman ;; >.., .~ 0- I ",-0 ) Datel ~ ( -- -7- ~ -II.... . 2../'f"r'\'<;'L'" I I, \- i ~ ~ 1 \ 1....' ,---",-,,-,,-- ,_ -' 1) ~ ,~__ 10/lS/20(tj 15: 27 9544286599 GM FINANCIALGROUP F'AGE 0'3 \.-l C~"~C~Ct~\l \ llll '~ Consent to obtain ASSISTANCE in the preparation of Articles of Incorporation for R.I. & J. Financial4t Inc. BE IT KNOWN, that the office ofGM Financial Group, Inc., has provided assistance to the undersigned in filing Articles of Incorporation with Florida Department of State, Di vision of Corporations. Each Corporation is a separate entity and as such has specific goals, needs and 'requirements. It is therefore recommended by this office that corporate documents be reviewed by your legal counsel. We have provided assistance only in filing your Articles of Incorporation, providing a tax and accounting se.rvice and do not attempt to render any legal advice. Ifthere is more than one unrelated shareholder, it is strongly recommended that legal counsel be retained to prepare a shareholder's agreement, a buy/sell agreement and other agreements which clearly address potential conflicts between shareholder's clarifying how such conflicts will be legally resolved. THE PROFESSIONAL ADVICE OF YOUR LEGAL COUNSEL TO ASCERT AlN EXACT COMPLIANCE WITH ALL STATUTORY REQUIREMENTS IS STRONGLY RECOMMENDED. I(WE), THE UNDERSIGNED INCORPORA TOR(S), HEREBY CLEARL y UNDERSTAND THAT THE OFFICE OF OM FINANCIAL GROUP, INC., IS ONL Y PROVIDING ASSISTANCE IN FILING ARTICLES OF INCORPORA. TION FOR R.I. & J . Financial'} Ine A DEPARTMENT OF STATE, DIVISION OF CORPORA TrONS, AND THE OFFICE OF GM FINANCIAL GROUP INC., HAS CLEARLY RECOMMENDED TOME (US) TO SEEK PROFESSIONAL ADVICE FROM LEGAL COUNSEL TO ENSURE THAT ALL LEGAL MATTERS ARE PROPERLY ADDRESSE D//""n- /.//~. /' / , / . / ...r / Ronald Schwartzman )0-/17--('; ~) { - Date -8- \'-1 (";).I"r\r;"2,.('\ \ I L, \ oJ" 1@/15/2003 15:27 '354428559'3 13M FINA"iCIALGI':OUP PAGE 10 )-l O,~c,[)o3c' I ~ I 3 Department of State Division of Corporations P,O, Box 6327 Tallahassee, FL 32314 SUBJECT: Rl. & J Financial. Inc. (Proposed corporate name) To W110m It May Concern: Enclosed please find original Articles of Incorporation together with one (1) copy along with a check in the amount of $70.00 to cover the filing fees for the abovementioned corporation. Please send acknowledgment receipt to: Ronald Schwartzman 2060 NW I Sill Place Delray Beach, FL 33445 c/o GM FINANCIAL GROUP, INe 1191 E. Newport Center Drive, Penthouse B Deertield Beach, FL 33442 \--Lr')?()(v\2.. r\ II 1 I I '1 Pap I ElICft)W No: 84238 '11..111111111111111'. ThiI IIIIIInImeDt Prepeml by LIureen Galvin FJaa" Tide CGIIIpIDy 1897 Palm Belch LUa Blvd., Suim 125 Wea1 PUn Ibch, Florida 33409 Rmmn to 0rmIIle 2060NW ISthPlace Delnly Bc:ach. Florida 33445 Property ~1 1.0. (Folio) Number(.); Ol),..U4S-10-07. 160 \(~ \/)) WARRA.N7Y DEED \~/~o t 71,i, W CU'nI~ Made the ~ clay of May, 2005, hI. MarIe Pua-u. a single man heroinafta- called die grmtor,whme~~il: 11 5". Oc.-tlm 01,,01 tL7E, So.M'h A11t'1 f3t.QcI...~.I."j,vXJ ~F . c;.1," Com.-/ To R.l &; J. Financi.~I' ~"WIlose post office address is: 2060 NW 15tb Place, Delray Beach, Florida 33445, hereinaftao called the oil t- WTNIJSSErH, s..... - ,"'" - "Sl~" DolIon ... ............ conlideratious, receipt ~ . - aclmowleclJcd bcrcby gnmts, bupins, seD.. aliens, raniseI, releues, conveys IIDd CClIIfinns unto . all that cer1aiD land situate in Palm Beach County, Florida, viz; 1.00(.) II~ 11<<JPICAL '*,,, " "" ... _ m m. " "" ..... of "" ""'" .r "" "",,"I Court in IIDd fOl' Palm Beach 'dB, m:onIed in Plat Book 22, Page S8. Said lands situate, Iyins and being in PalmBcac:h County, Florida, Q ~ ~~i\ \. v SUBJECT TO reslrictiOlll, rceavations, . and CCMIl8Il1s of record. if any, to die extent that same are valid and enforceable. l~;:./~, /'f-. TOGEJ!IER with all the teDemmta, ~ ~ appurlenancea thereto belmging 01' in anywise appertaining. ~ h<,-.,~_ V;. '-., TO HAVE AND TO HOLD. the same in fee Iimp~;) ~l AND 11lE GRANTOR hereby COYeIl8lltI with said ~~ the Ilf1IIItOI' is lawfully seized of said land in fee simple; that die JI1IIl1Dr bu good right and lawful autbority~" IIid land; that die gnmtor hacby fully WIII'nD1s the title to said land and will deCald tbc aamc: apinst claims of all peIIlIIIS wbomsoewr; and that said land is free of aD CJICWIIbraDcea, except 1Bxe8 accnJing to December 31, 2004. (The IemII"JnIIIOI'" and...... bcreia ahlll be __ III include 11I1.... /;~ or pIlnI u Ibe -l8dicaIa) ~ IN WITNESS WHEREOF, Grantor has hereunto set ~~--'~I, and ICaI the clay and year tint above written. /;>;, ~o..../ '/), -~ ~ W__ .' ~ _...,- Prin1l:d NIIIIIC;' Mart n.-u Wi1Das SipMare: L . ' ~. PriDIaINIIIIIC: 1.. --; CFN 20050284965 OR BK ~8557 PG 1662 RECORDED 85/11/21t5 13,39:24 Pal. s..caa County, Florida AItT 148,...... Doc St.., 1, <<J6.1II Sharon R. Bock. CLERJ[ .. COIIP1'ROLLII Pga 1662 - 1663, (2pga) LS. Book18557/Page1662 Page 1 of 2 Pqre 2 E_ No: tw238 lVARRAN7Y DEED, G",fin-J STATE OF FIGrida COUNIY OF PUn Beach The foregoing iDIlrumeat was acknowtcdpd before me this 4" day of May, 200S, by Mark Dusseau, a siDgIe I1IID, :::~. ~_.)-- ~ IJ \~) M~ \:,:;/' ~ 0 Public ~ /,,-0 "t:rTh " v:'?') ~~ If :. \'-..-.p"'/, '-;;:; ~ ~ u..-..- lit CXIII.-rJIlflll ~ EllPIB "'''.- ....,...--- ~;\ \C () "r;~ ,-,=5~J\ ~-~,-, \f --'/ ~~,o ~,'-,--- /'..'",' . J ..'. ,\ ~"" ~', 'II' $') v V;~~) (~~:J ((?0 ~y /"::::n \.\" ~:, 7>n (I i, ''-</~ ---- / ~/('- \;~^ ,.... ,/LS\ ~ Book18557/Page1663 Page 2 of 2 Palm B~ach County Property Appraiser Pfl)pe~! S~9}'ch System Page 1 of2 I'~~i:~~'\ ii'l:;-;,\' r rt.e 'I p~'raiger s P~b!IC A:cess 5,s'pm I d "'1'" '" l' " . '. 1';' r r ' . , 1.\:...,'. r- ' "' !~ . l IJ '~. I ' I I'~,"' '. r. ,. '" , t ~ rl: If:~ ~i.r J . ~, ) ~ - I - · _:..2.!!'!!. 11l81!UI Hb. .111 :1 ;11 I II il, Pnlperty Information Location Address: 7872 TERRACE RD ~IILuJ Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-10-07-000-1160 Subdivision: TROPICAL TERRACE IN Official Records Book: 12224 Page: 1567 Sale Date: Dec-20oo Legal Description: TROPICAL TERRACE LT 116 Owner Information Name: DUSSEAU MARK ~.I Mailing Address: 7872 TERRACE RD LAKE WORTH FL 33462 6146 Sales Information Sales Date Book/Page Price Sale liype Owner r....-.".I Dec-20oo 12224/1565 Dec-2000 12224/1567 Oct-20oo 12053/1735 $10 QUIT CLAIM PROFILE INVEST INC $40,000 WARRANTY DEED DUSSEAU MARK $8,000 TAX DEED LUKE INVESTMENTS INC [Exemptions Exemption Information Unavailable. Appraisals Tax Year: 2004 Improvement Value: $4445 Land Value: $15,66 Total Market Value: $60,121 Use Code: 0100 Description: RESIDENTIAL Tax Year 2004 Number of Units: 1 *Total Square Feet: 1041 * in residential properties may indicate living area. A d dT bl V I ssesse an axa e a ues Tax Year: 2004 ;Z003 2QO~ Assessed Value: $60,121 $55180 S48,97 ~ Exemption Amount: $Cl $1 $l Taxable Value: $60,121 $55,80 $48.97 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 200~ 96 $18 $1,14 ~ ~ta~----.J I. _...t-._D-,...l I.....~.,~.'"'\k I NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Record Search I Information I Exemptions ICommunity I Employment I NewH9me Buyer I Qffice Locations Value Adjustment Board I Save Our Homes I Senior COrner I Disclaimer http://www,co,palm-beach.flus/papa/aspx/web/detail jnfo,aspx?p _ entity=0043451 007000 1... 5/2/2005 0800 I ! ... 1200 1310 1700 1 in. = 138.5 feet 0820 1190 1320 1680 1180 1330 i 0330 0671 0830 /' :- -.-- ~ 1670 1760 0341 0660 ---..- 1350 _._~ -- - 0850 1770 2070 0360 0641 1360 1640 f---- 1140 ~ 1370 ~ 1790 ,~ 0631 0870 D: 0371 ::3 .~ 1380 ~ 1630 1800 1120 2050 0390 ; 0610 0890 1390 ~ 1620 ~ 1810 0400 , 0900 .. 1110 ... 1610 - 1400 0410 0600 0910 1100 1600 1830 1411 2010 0420 0590 0920 1090 1590 1840 fJ ~430 0930 1430 1580 1850 I 0570 1070 11440 0940 1440 1860 1990 I ~50 0580 09~0 1060 1UO 1550 0960 10:J0 1460 1880 I 0540 1040 1:J40 1960 I 0970 1470 1890 0530 1030 1530 J 0510 0990 1000 1010 1020 1490 1510 1520 1920 1930 J Min.__... RO 30~~ 60 I I '---- 3050 0- j Location Map - 7872 Terrace Rd I~ 'rif, ~r!J,~ 7 >i;"".~ TT iT . d I J ,\i\P~ "Jf VI.-CONSENT AGENDA ITEM C.I0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 5,2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) I:8J June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17, 2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon) NATURE OF AGENDA ITEM , ..,._~. ""-- . " --'. .', --< D Administrative D Development Plans I:8J D -< -T-: Consent Agenda New Business /,.,) ( J D Public Hearing D Legal .c- o C:'J D Bids D Unfmished Business -0 .~, ) --; -'1\.'" '-:la I~ D Announcement D Presentation :~:z "'1'1 "11 co D City Manager's Report G) -r.., ,(~)> ~ , 1(") :z RECOMMENDATION: Approve the Traffic Enforcement Agreement between the City of Boynton Beach and the Crossings of Boynton Beach Condominium Association, Inc. EXPLANATION: The Traffic Enforcement Agreement provides authority for the police department to enforce traffic infractions occurring on private and limited access roads within the Crossings of Boynton Beach development but does not create a specific requirement to do so. PROGRAM IMP ACT: This agreement will not create any adverse impact on the operation ofthe police department. FISCAL IMPACT: None. AL TERNA TIVES: None. ~ /~;? /1 /~'~J;-----'-'"''''' / Department Head's Signature Marshall B. Gage, Chief of Police City Manager's Signature Police Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 RESOLUTION ROS- 5 6 7 A RESOLUTION OF THE CITY COMMISSION OF 8 THE CITY OF BOYNTON BEACH, FLORIDA, 9 AUTHORIZING AND DIRECTING THE MAYOR 10 AND CITY CLERK TO EXECUTE AN AGREEMENT 11 FOR TRAFFIC ENFORCEMENT BETWEEN THE 12 CITY OF BOYNTON BEACH, FLORIDA AND THE 13 CROSSINGS OF BOYNTON BEACH 14 CONDOMINIUM ASSOCIATION, INC.; AND 15 PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, The Crossings of Boynton Beach Condominium Association, 18 Inc., (hereinafter referred to as "Association") owns or controls certain private roads 19 lying and being in the City of Boynton Beach, Florida; and 20 WHEREAS, Association does not have the power to enact or enforce traffic 21 laws within the Association, nor can it hire others with police power to do so; and 22 WHEREAS, pursuant to Chapter 316.006(b), Florida Statutes, the 23 Association hereby grants to the City of Boynton Beach, municipal traffic control 24 jurisdiction over all those certain private roads in said Association. 25 NOW, THEREFORE, BE IT RESOL VED BY THE CITY 26 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does 31 hereby authorize and direct the Mayor and City Clerk to execute the Agreement for Traffic Enforcement between the City of Boynton Beach, Florida and The Crossings of Boynton 2 Beach Condominium Association, Inc., attached hereto as Exhibit "A". 3 Section 3. This Resolution will become effective immediately upon 4 passage. 5 PASSED AND ADOPTED this _ day of June, 2005. 6 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 ATTEST: 25 26 City Clerk 27 28 (Corporate Seal) 29 30 31 32 2 CITY OF BOYNTON BEACH MEMORANDUM TO: Steve Graham, Assistant Chief of Police Lynn Swanson, Legal Assistant ~ May 18, 2005 FROM: DATE: RE: Traffic Enforcement Agreement - The Crossings Attached are two original Traffic Enforcement Agreements which this office received from The Crossings of Boynton beach Condominium Association. This item may be placed on an upcoming agenda by your department for consideration by the City Commission. Should you have any questions or wish to discuss this matter, please do not hesitate to contact me. /lms S:\CA\MEMORANDUM\Transmittal - to Graham (TEA Crossings).doc AGREEMENT THIS AGREEMENT is entered into, this _ day of May, 2005, by and between: CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, with a business address of 100 East Boynton Beach, Florida 33425, hereinafter referred to "CITY," and THE CROSSINGS OF BOYNTON BEACH CONDOMINIUM ASSOCIATION, INC., a condominium association of the development known as The Crossings of Boynton Beach ("Development"), having a business address of 36 Crossings Circle, Boynton Beach, FL 33435, hereinafter called "ASSOCIATION." WHEREAS, CITY recognizes that it has full power and jurisdiction to patrol on private property to enforce all of the laws of the nation, state, county and city, duly enacted, excluding those of traffic control and enforcement; and WHEREAS, ASSOCIATION specifically recognizes the above; and WHEREAS, ASSOCIATION wishes to grant CITY the authority to exercise jurisdiction for traffic regulation purposes over any private or limited access road or roads of specified private segments of the ASSOCIATION, pursuant to ~316.006(b) Florida Statutes; WITNESSETH: NOW, THEREFORE, for and in consideration of the mutual covenants and undertakings of the parties hereto, and other good and valuable considerations, the parties hereto covenant and ag:ee, .~~ch with the other as follows: 1.0 Ratification. The foregoing preamble is hereby ratified and confirmed as true and correct and incorporated herein. 2.0 Recognition of Jurisdiction. The ASSOCIATION hereby recognizes the jurisdiction of CITY over any private or limited access road or roads within the property indicated on the map attached hereto as Exhibit "A," for traffic control purposes. 3.0 The ASSOCIATION shall provide CITY with a Resolution of the ASSOCIATION attached as Exhibit "B", evidencing the ASSOCIATION's desire for CITY's services hereunder and authorizing the ASSOCIATION to enter into this Agreement. Traffic Enforcement - The Crossings Rev. 05-12-05 4.0 Exercise of Jurisdiction. The CITY hereby agrees to exercise jurisdiction for traffic control purposes over any private or limited access road or roads within the property within the Development listed on attached Exhibit "A." 4.1.The City of Boynton Beach Police Department agrees to provide a minimum base level of traffic enforcement service on all those certain private roads in the Development identified in Exhibit "A." 4.2.The level of service provided the CITY shall be determined solely by the Boynton Beach Chief of Police and shall be based upon the availability of police personnel. 4.3.The Police Department shall choose the hours and days of operation, but these choices shall be based upon information from ASSOCIATION and the observations of the Boynton Beach Police Department and Public Works Department. 5.0 Signs and Markings. In order to permit CITY to perform pursuant to the tenns of this Agreement, and to ensure appropriate jurisdictional and enforcement authority: 5.1. All traffic control devices on and along the private or limited access roads within the Development identified in Exhibit "A" must conform to the requirements contained in the United States Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways (the "MUTCD") and CITY Engineering Standards. The determination as to whether signs or other traffic control devices meet the installation requirements and/or conform to the MUTCD and CITY Engineering Standards, shall be made solely by CITY. The CITY may conduct any necessary traffic engineering studies to determine appropriate regulatory traffic control within the ASSOCIATION. 5.2 In the event ASSOCIATION has installed traffic calming devices that do not conform with existing CITY and MUTCD standards, on or along the private or limited access roads within the Development identified in Exhibit "A," such as speed humps and/or speed bumps, ASSOCIATION shall, at its sole expense, cause such devices to be removed within thirty (30) days of execution of this Agreement if CITY so requests or a traffic engineering study determines that the existing traffic calming devices are not warranted. Further, ASSOCIATION shall not install any traffic calming devices on or along its private or limited access roads during the term of this Agreement without the express written consent of the City of BO)'l1tOD Beach Public Works I:epartment. 5.3 ASSOCIATION shall purchase and install all signs, signage, posts, pavement markings, and other necessary traffic control, as prescribed by the CITY, as necessary for traffic control purposes. Should CITY determine that traffic-calming measures are appropriate, ASSOCIATION shall incur all costs of designing and installing such measures. ASSOCIATION shall be responsible for maintenance of any traffic control devices and traffic calming measures necessary or desirable for the enforcement of traffic laws. 6.0 Insurance. The ASSOCIATION agrees to maintain insurance under its general liability policy for all actions arising out of or in any way connected to this Agreement under minimum policy limits of $1,000,000. Proof of insurance shall be provided to the City Risk Manager upon execution of this Agreement. Traffic Enforcement - The Crossings Rev. 05-12-05 7.0 Gated Entrances. In the event access to any portion of the ASSOCIATION's private or limited access roads is through a gate, ASSOCIATION shall take steps to ensure access by means other than gate codes, such as siren activated gates, Knox Box, or by bar-coding of vehicles, so as to permit uninhibited access by authorized police vehicles and prevent any delay in access to ASSOCIATION property. ASSOCIATION shall provide gate access codes to the Public Works Department for purposes of conducting traffic engineering analyses. 8.0 Term. The term of this Agreement shall be five (5) years, effective on the date of execution, provided that either party may terminate this Agreement without penalty upon sixty (60) days notice by notifying the opposite party in writing of its intention to do same. 9.0 General Law Enforcement Jurisdiction. ASSOCIATION recognizes the authority of CITY to patrol on private property, including ASSOCIATION's property, to enforce all laws of the nation, state, county and city other than for traffic control purposes, and same is done by Boynton Beach Police Department and other appropriate law enforcement agencies pursuant to law, and not through this or any other Agreement. 10.0 Notices. All notices which shall or may be given pursuant to this Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U.S. mail or by overnight delivery service as just described, addressed as follows: To CITY: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile No. (561) 742-6011 with a copy to: Marshall Gage, Chief of Police City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Telephone No. (561) 742-6100 Facsimile No. (561) 742-6185 To ASSOCIA nON: Christopher A. DeLi so Attn: President The Crossings of Boynton Beach Condominium Association, Inc. 36 Crossings Circle Boynton Beach, FL 33435 Telephone No. (561) 737-0408 Facsimile No. (561) 737-4946 Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. Traffic Enforcement - The Crossings Rev. 05-12-05 11.0 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall. continue in full force and effect, and be enforced to the fullest extent permitted by law. 12.0 Modification of Agreement. This Agreement may be modified upon mutual consent of the parties only in writing, and executed with the same dignity herewith. 13.0 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 14.0 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15.0 Governing Law. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Palm Beach County, Florida. 16.0 Additional Terms upon Modification or New Agreement. Nothing herein shall preclude the parties from modifying this Agreement during the term of such, or, upon completion of the term, entering into another Agreement, to provide for additional or revised terms. IN WITNESS WHEREOF, CITY and ASSOCIATION have executed this Agreement by their duly authorized officers, this _ day of ,2005. CITY OF BOYNTON BEACH BY: ATTEST: MAYOR BY: CITY CLERK APPROVED AS TO FORM: BY: OFFICE OF THE CITY ATTORNEY Traffic Enforcement - The Crossings Rev. 05-12-05 THE CROSSINGS OF BOYNTON BEACH CONDOMINIUM ASSOCIA nON, INe. BY:~~ PRESIDENT PRINT NAME: ~111 (-ee r1 C (r<.J J 1 STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) BEFORE ME, an Of~ authorized by law to administer oaths and take acknowiedgment:.i, personally appeared ~ as President of THE CROSSINGS OF BOYNTON BEACH CONDOMINIUM ASSOCIATION, INC., on behalf of and duly authorized to execute the same, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and who is personally known to me or has produced as identification. OF THE FOREGOING, I have set my hand and official seal at in said on this I, day of ~2005. NOTARYPUBLI My Commission Ex :\\\\\,\1" """"1. #'~()?I-\ER A. ({II~ ~~co..~issiONe;~~ ~G...vC:J....,\24'.?1b ~"~ ~ a :~ ~ ~ ~\ S -*: .... :*= . . - ~~ '00086474 !~E .~ ~':!r"" ";'., ~~. .'~~ 't..?;....~ ...~ s ~~.-;......~ ~.~ Traffic Enforcement - The Crossings Rev. 05-12-05 i j .... I ~IJ.$';n~;i~ ~ l.ll!irnm I ij:II~!~!:i!B: I lit ~ I ;II I ~}i r') ..., .... l.. .. , ! ,EXHIB~~ "A" -...... . . '.1 ... ", t ....... . ,: . . i- i oJ r . . a: -< ~ ... ~I (5Ji t; < ::E Lisa Simshauser Secretary Carol Parrish Director BOARD OF DIRECTORS * Christopher A. DeLi so President * Kathleen Carroll Vice President Al Whitten Treasurer 36 Crossings Circle Boynton Beach, FL 33435 (561) 737-0408 · Fax (561) 737-4946 * Licensed Community Association Manager May 10, 2005 City Of Boynton Beach Police Department 100 East Boynton beach Blvd. Boynton Beach FL, 33435 To Whom It May Concern: Please be advised that the board of directors authorize the Boynton Beach Police Department to enforce the traffic laws on the above mentioned property. Sincerely, The Board of Directors EXHIBIT "B" VI.-CONSENT AGENDA ITEM C.ll. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requcsted (';ly ('Ollllllissi1ll1 rvt<;QIJ1g"Djllcs Dale l'inal !-'t,rlll Must hl' Turncd in (".Lily ('lerk'sJ)llil'<,: D April 5. 20()5 March 14. 20()5 (Noon) D April I 'J. 2()O5 A pri I 4, 2()()5 (Noon) D May J. 2()()5 Apri I I X, 2()()5 (N(HlJ1) D May 17. 2()()5 May 2. 2()()5 (Noon) I{equcsled ('ily ('ollllllission r0s.<;!jI1R.l)ales Dalc Final Form Must bc Turned inlo City Clcrk's Oftlce o Junc7,20()5 I:8J June 21,2005 o July 5. 2()05 o July I'J,2()05 May 16, 2()05 (Noon) Junc (,, 2()()5 (Noon) Junc 2(). 2005 (Noon) July 5, 2()()5 (Noon) ,)--j "~i-< >~ C~: 'J '-..c> w.-:J .--. ~ (=:) 0 Administrative 0 Development Plans NATURE OF I:8J Consent Agenda 0 New Business AGENDA ITEM D Public Hearing 0 Legal D Bids 0 Unfinished Business D Announcement 0 Presentation D City Manager's Report ) .. J" -.,.... ---- ~~ (=:J ~~ :c ~...;co """:rrl C)J> r'l C"") :::c ;1::.. -,... (.J \.0 RECOMMENDATION: Approval of this Interlocal Agreement with the Village of Golf for the provision of Fire Rescue services. EXPLANA nON: The Village of Golf is interested in a ten ( 10) year cooperative agreement with the City for Fire Rescue services effective October L 2005 through September 30, 20 15, This is a renegotiated extension of an Interlocal Agreement that has been in effect since October I, ] 998, PROGRAM IMPACT: The Fire Rescue Department has analyzed the operational and administrative impact of this relationship. The Department is able to effectively handle the current generated call volume and will use revenue generated from this Agreement to fund future additional personnel and other necessary resources to ensure adequate fire rescue coverage to our four service areas as well as complement services offered to the citizens of Boynton Beach, FISCAL IMPACT: This Agreement provides f(.)I" the Village of (iolfto pay the City $105,820.00 during the first year of the Agreement with an adjustment formula provided for the second and subsequent years, ensuring a minimum of a 4% annual II1crease. ALTERNATIVES: Do not approve this Interlocal Agreement. Department Name FIRE RESCUE S,\BlIIIJ'TIN\i'()){MS\A(il'NDA ITI'M RH)IJliSll'(}RMI)()(' L~ City Manager's Signature City Attorney / Finance / Human Resources 1 RESOLUTION ROS- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF AN 5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF 6 BOYNTON BEACH AND THE VILLAGE OF GOLF, 7 PROVIDING FIRE RESCUE SERVICES; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Of Boynton Beach currently has an Interlocal 11 Agreement for Fire Rescue Services which has been in effect since October 1, 12 1998 with the Village of Golf; and 13 WHEREAS, the Village of Golf is interested in a ten (10) year cooperative 14 Agreement with the City of Boynton Beach; and 15 WHEREAS, the Interlocal Agreement provides for the Village of Golf to 16 pay the City $105,820.00 during the first year of the Agreement with an adjustment 17 formula provided for the second and subsequent years, ensuring a minimum of a 18 4% annual increase; and 19 WHEREAS, upon the recommendation of staff, the City Commission does 20 hereby approve the Interlocal Agreement between the City of Boynton Beach and 21 the Village of Golf, a copy of which is attached hereto and made a part hereof. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 23 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and 25 confirmed as being true and correct and are hereby made a specific part of this 26 Resolution upon adoption hereof. 27 Section 2. The City Commission does hereby authorize execution of S:\CA\RESO\Agreements\lnterlocalsWillage of Golf Fire Services Agr.doc this Interlocal Agreement between the City of Boynton Beach and the Village of 2 Golf, which Agreement is attached hereto and made a part here. 3 Section 2 That this Resolution shall become effective immediately 4 upon passage. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PASSED AND ADOPTED this _ day of June, 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA\RESO\Agreements\lnterlocals\Village of Golf Fire Services Agr.doc ADMINISTRATION 21 COUNTRY ROAD VILLAGE OF GOLF FLORIDA 33436-5299 (561) 732-0236 FAX (561) 732-7024 SECURITY DEPARTMENT (561) 734-2918 UTILITY DEPARTMENT (561) 737-7995 May 18, 2005 Chief Bingham Boynton Beach Fire Department 100 East Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Dear Chief Bingham: Enclosed please find an adopted Interlocal Agreement for Fire Rescue Services between the City of Boynton Beach and the Village of Golf. Please place this on your agenda for approval and forward a copy back to my office after execution by the City of Boynton Beach. Thanks for all of your assistance with this agreement and if there is any additional information needed, please let me know. Sincerely, ~/IM Carrie P. Hill Village Manager INTERLOCAL AGREEMENT PROVIDING FOR FIRE RESCUE SERVICES IN THE VILLAGE OF GOLF BY THE CITY OF BOYNTON BEACH t:V . This Agreement, made and entered into thisd;7 day of ~,1..1...2005 by and between the City of Boynton Beach, Palm Beach County~orid~a municipal corporation, hereinafter referred to as "City" and the Village of Golf, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "Village". WITNESSETH: WHEREAS, the Village presently does not maintain a Fire Protection and Fire Rescue Department with firefighting and emergency medical equipment and personnel, and desires the City to provide fire and rescue services to the Village; and WHEREAS, the City does presently maintain a Fire Protection and Fire Rescue Department and desires to provide fire and rescue services to the Village; and WHEREAS, the City will maintain or improve the standards of fire and rescue services to the Village as currently provided by the City within its municipal limits; and WHEREAS, the City has a mutual aid agreements with Palm Beach County Fire Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and WHEREAS, the City and Village desire to enter into a cooperative arrangement providing fire and rescue services benefiting public safety and local government; and WHEREAS, Section 163.01 Florida Statutes, permits public agencies to enter into inter/ocal agreements with each other to jointly exercise any power, privilege, or authority, which such agencies share in common and which each might exercise separately; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express purpose of cooperating in the provision of fire and rescue services without regard to territorial boundaries, which shall benefit mutually and equally the citizens of each party; and WHEREAS, the City will provide fire and rescue services to the Village in conformance with City and Palm Beach County Fire Code Ordinances; and WHEREAS, the City will provide fire and rescue equipment and personnel to ensure that the Village will receive the same or improved standards of fire and rescue services; and 1 NOW, THEREFORE, IN CONSIDERATION of the mutual covenants hereinafter set forth, the parties hereto, hereby agree as follows: SECTION 1. PURPOSE (a) This Agreement constitutes an interlocal agreement authorized by Section 163.01, Florida Statutes, being a joint exercise of power shared in common, which any City could exercise separately and shall be filed with the Clerk of Circuit Court in and for Palm Beach County, Florida. (b) The purpose of this Agreement is to provide fire protection, fire rescue, and advanced life support within the municipal limits of the Village by the City Fire Rescue Department. Fire Rescue shall include advanced life support as that term is defined by section 401.23 Florida Statutes. Fire protection shall include plan review, fire code enforcement, building inspection, fire suppression, and fire investigation. SECTION 2. TERM OF AGREEMENT The term of this Agreement shall be for a period of ten (10) years commencing October 1, 2005 and ending September 30, 2015, unless sooner terminated as provided herein. This agreement shall be renewable for additional predetermined periods upon the written agreement of both parties. SECTION 3. SERVICES RENDERED The City, through its Fire Rescue Department, shall provide fire protection, fire rescue, fire inspection, fire investigation, and advanced life support services 24 hours per day, 365 days per year, within the municipal limits of the Village throughout the term of this Agreement. a This Inter/ocal A reement shall not be construed to im ose an obli ation duty or responsibility whatsoever on the City to provide any specific t~pes, kinds, or numbers of emerGency personnel or apparatus at any fire station of the City, or at any emerqency scene within the VillaGe boundaries at any specific time. The City will dispatch and assiGn the closest, appropriately staffed and available vehicle s to emer encies within the Villa e consistent with the level of resources available to the City and the level of service provided to City residents. (b) The parties hereto further understand and agree that a possibility exists that the City of Boynton Beach Fire Department may receive simultaneous calls for separate accidents, fires and other public safety problems. In the event of a simultaneous occurrence of emergencies, the judgment of the Fire Chief of the 2 City, or the senior Fire Department Officer on duty at the time, as to which call should receive first priority response, shall be binding upon the parties hereto. If the City cannot respond to a call for assistance due to multiple calls and/or alarms in progress, all reasonable efforts will then be made by the City to arrange for a suitable response from another agency or jurisdiction cooperating with the City through various mutual aid agreements in effect at the time. (c) The Fire Chief of the City of Boynton Beach shall have full and complete authority through the normal chain of command over the operation of the City of Boynton Beach Fire Department personnel, vehicles and equipment while in the Village of Golf. (d) The City Fire Department shall have complete authority and control over the use and deployment of any and all apparatus and equipment acquired by the Village for its use and to support this Agreement during its term. (e) The Village officials, employees, residents and citizens shall not interfere with the direction, management and deployment of the City Fire Department, its personnel or equipment at any time during fire fighting or other emergency situations. (f) The Village shall report all street and road closures/openings to the City Fire Department immediately, as well as report any hydrant and/or water supply problems. (g) The City assumes no responsibility for emergency preparedness planning and program implementation for the Village. (h) The City will provide the same level of service to the Village relative to hazardous materials incidents as it provides to its own residents. The City's hazardous materials response is governed by the Palm Beach County Regional Hazardous Materials Response Ordinance of 1998 ("County Haz-Mat Ordinance), which is incorporated herein, and made a part hereof by reference. As set forth in the County Haz-Mat Ordinance, recovery of all costs associated with a discharge or threatened discharge of hazardous substances will be sought against the persons responsible for causing or allowing a discharge or threatened discharged. To the extent that costs are actually incurred by the City in responding to a hazardous material incident within the corporate limits of the Village and the City (or the County on behalf of the City), using its best efforts, is unable to recover such costs from the responsible persons or the Federal Government in accordance with Section 7 of the County Haz-Mat Ordinance, the Village shall reimburse the City for certain expended supplies and consumables, namely, chemical absorbents, hazardous materials vapor suppressions, chemical testing agents, and hazardous materials recovery drums and/or other containers used by the City Fire Rescue Department. 3 (i) The City is permitted to invoice residents of the Village for appropriate emergency medical service fees under the same terms and conditions as those for residents of the City SECTION 4. PAYMENT In consideration of the City providing the services set forth in Section 3, the Village agrees to pay the City One Hundred Five Thousand Eight Hundred Twenty Dollars ($105,820) during the first year of this Agreement, payable in two equal, annual installments on January 15 and April 15. Commencing October 1, 2006, the annual compensation for fire rescue services to be rendered by the City to the Village shall be adjusted annually. Per mutual agreement of the parties, such compensation may be adjusted to offset any increased costs of providing the enumerated services and programs due to unfunded mandates of the Federal, State, or County government and to address any unforeseen events or contingencies. The adjustments contemplated in this subsection shall be in addition to the annual adjustment set forth below. Before July 1, 2006 and annually before July 1 of each succeeding year of this Agreement, the initial compensation payable by the Village to the City ($105,820) shall be adjusted effective October 1, 2006 and as of October 1 of each succeeding year of this Agreement. The annual adjusted compensation commencing October 1,2006 and for each succeeding year of this Agreement shall be determined by incorporating the May All Urban Consumer Price Index (CPI) in accordance with the Department of Labor - Department of Statistics or an increase of four percent (4%), whichever is greater. Adjusted compensation for fire rescue services shall be paid by the Village to the City in two equal installments annually on January 15 and April 15 throughout the term of this Agreement. The City's fee for inspection and plan review of existing and new development or redevelopment within the Village shall be charged directly to the existing and new development or redevelopment in accordance with the applicable City Ordinance. SECTION 5. NOTICES AND PAYMENTS All notices and payments between the parties hereto shall be mailed by certified mail, return receipt requested, and/or fax to the following addresses, respectively (payments should be sent via certified mail and need only be sent to the City Manager): 4 City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Fire Chief City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Village Manager Village of Golf 21 Country Road Village of Golf, FL 33436 SECTION 6. CODE The Florida Fire Prevention Code adopted by the State Fire Marshal, as may be amended, including NFPA 1 Fire Prevention Code (2000 edition) and NFPA Life Safety Code (2000 edition), in addition to any local amendments adopted by the City in accordance with section 633.0215, Florida Statutes, shall apply within the Village's municipal limits. Sections 2.5-8,2.5-9,2.5-11,2.5-12,2.5-13 and amendments hereafter of the City Code of Ordinances, "Alarm Systems" shall be incorporated herein by reference in this Agreement. The City shall remit false alarm charges to the Village. The Village shall notify alarm users of charges due, requesting payment thereof pursuant to Section 2.5-13 of the City Code of Ordinances, "Alarm Systems". That section imposes a fine for more than three (3) false alarms in any twelve-month period, exclusive of false alarms caused by acts of God or other natural forces. The City shall promptly provide the Village with copies of all new legislation, including but not limited to ordinances, resolutions, policies, or procedures which may be enacted by the City that may affect Chapter 2.5 entitled "Alarm Systems" and/or Chapter 9 entitled "Fire Protection and Prevention" of the City of Boynton Beach Code of Ordinances. SECTION 7. ADMINISTRA TION All written rules and regulations, policies and procedures of the City of Boynton Beach Fire Rescue Department shall apply to the Village pursuant to this Agreement. 5 Nothing contained in this Agreement shall be construed to constitute a transfer of municipal powers in any way whatsoever. This Agreement is solely an interlocal agreement to provide fire rescue services as authorized by Chapter 163 Florida Statutes. The Village and City Councils (Commissions) shall each retain total legislative authority with regard to their respective municipalities. Each party to this Agreement will remain liable for its own negligence and any and all negligent actions undertaken by its employees and agents in the performance of the obligations hereunder. Nothing contained herein shall be construed as a waiver of the applicable sovereign immunity protections or the limitations of liability set forth in Section 768.28, Florida Statutes. SECTION 8. DISPUTES In the event that the Village has a dispute with respect to the City's performance hereunder, the Village Manager shall notify the City Manager in writing, advising of the disputed matter. In the event that the disputed matter is not resolved to the satisfaction of the Village and the City, the dispute shall be submitted to an arbitrator mutually agreed to by the parties. If agreement is not reached on appointment, either party may submit to the American Arbitration Association for appointment. The decision of the arbitrator shall be binding. If any legal action or other proceeding is brought for the enforcement of this Agreement, the prevailing party will be entitled to recover from the other party reasonable attorneys' fees and costs, including fees and costs incident to appeals, incurred in that action or proceeding, in addition to any other relief to which such party may be entitled. SECTION 9. TERMINATION Either party may terminate this Agreement upon a minimum of one (1) year's written notice to the other party, such termination to be effective at the end of the first complete fiscal year (September 30) after receipt of written notice to terminate this Agreement. For example, if either party gives written notice to the other party to terminate this Agreement anytime after October 1, 2007 and prior to September 30, 2008 this Agreement shall be terminated on September 30, 2009. SECTION 10. AMENDMENT TO AGREEMENT This Agreement shall not be amended or modified except in writing executed by the parties, and approved by resolution of the governing body of each party. 6 SECTION 11. MISCELLANEOUS PROVISIONS (a) Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the other party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. (b) The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. (c) If any terms or provision of this Inter/ocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. (d) This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce, or arising out of this Interlocal Agreement shall be held in Palm Beach County, Florida. (e) This Interlocal Agreement represents the entire understanding of the parties, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the Provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. (f) This Interlocal Agreement and subsequent amendments thereto shall be filed by the City with the Clerk of the Circuit Court of Palm Beach County, Florida, in conformance with Section 163.01 (11), Florida Statutes. (g) This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce, or arising out of this Agreement shall be held in Palm Beach County, Florida. (h) If any terms or provisions of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall be deemed valid and enforceable to the extent permitted by law. (i) This Agreement represents the entire understanding of the parties, and supercedes all other negotiations, representations, or agreements, whether 7 written or oral, related to this Agreement. None of the provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. WITNESSES: VILLA A yF fltvw{. j;~~1 o Mayor AJuyj{ 44 Attest~ ~~~ Village Clerk Approved as to form and I Village Attorney WITNESSES: CITY OF BOYNTON BEACH Mayor Attest: City Clerk Approved as to form and Legal sufficiency: James Cherof City Attorney 8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.12. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) I:8J June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) ,..:-) ::-"):-.:; c_ ~u..i-<" ':""C:-J .. .-q Announcement D Development Plans D New Business D D D r- '-- NATURE OF AGENDA ITEM D Administrative I:8J Consent Agenda D Public Hearing D Bids D D I N tJ.J f,:l N ~;co N ==) f:'l c::' ,~ )> , . 'CJ RECOMMENDATION: Approve and execute via a resolution the lease agreement with the Boynton Beach Mall for five-year (June 1,2005 - May 31, 2010) rent-free usage of City Hall in the Mall space. Legal Unfinished Business Presentation u --I ,- City Manager's Report EXPLANATION: The current lease agreement expires on May 31, 2005. As part of the current agreement, the City Commission approved a multi-year special event permit for up to six (6) events per year at no charge to the Boynton Beach Mall in exchange for continual rent-free usage of the City Hall in the Mall office for a five-year term. These events may involve the use of their southeast/southwest parking lots for recreational vehicle, automobile, boat, holiday tree sales and shows. The mall is requesting to increase the number of events to twelve (12) per year. Each event will still have to be reviewed and approved as part of the special event permitting process. As a potential future option, staff is analyzing the feasibility of merging the City Hall in the Mall office operations with the lobby operations of the Chamber of Commerce. This arrangement would be based on pricing, location, and compatibility of services offered. PROGRAM IMPACT: . The Boynton Beach Mall will be authorized to conduct up to twelve (12) special events, such as car, boat and/or RV, holiday tree sales and shows annually. Each event will still have to be reviewed and approved as part of the special event permitting process. . The City will be guaranteed free usage of the City Hall in the Mall office for five years from June 1, 2005, through May 31, 2010. FISCAL IMPACT: Considering the annual rental rate of the space being used for the City Hall in the Mall office is $70,000, the City is receiving a $350,000 value. ALTERNATIVES: Mall operatio . e space, or eliminate the City Hall in the City Manager's Signature Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 2 3 4 RESOLUTION ROS- 5 6 7 A RESOLUTION OF THE CITY COMMISSION OF 8 THE CITY OF BOYNTON BEACH, FLORIDA, 9 AUTHORIZING AND DIRECTING THE MAYOR 10 AND CITY CLERK TO EXECUTE A LEASE 11 AGREEMENT BETWEEN THE CITY OF BOYNTON 12 BEACH AND BOYNTON JCP ASSOCIATES, LTD. 13 PROVIDING FOR THE CITY TO CONTINUE 14 LEASING THE SPACE AT THE BOYNTON BEACH 15 MALL FOR "CITY HALL IN THE MALL"; AND 16 PROVIDING AN EFFECTIVE DATE. 17 18 19 20 WHEREAS, the current lease agreement between the City and Boynton JCP 21 Associates, L TD., providing space for "City Hall in the Mall" expires May 31, 2005. 22 WHEREAS, the City of Boynton Beach has successfully operated "City Hall 23 in the Mall" at the Boynton Beach Mall, bringing local government services to mall 24 patrons, enhancing community relations, and providing other useful services to the 25 community; and 26 WHEREAS, as part of the agreement, the City Commission approved a 27 multi-year Special Event Permit for up to six (6) events per year at no charge to 28 Boynton Beach Mall in exchange for continued rent-free usage of the "City Hall in 29 the Mall" location for a five (5) year period beginning June 1, 2005 and expiring on 30 May 31,2010. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 32 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption 35 hereof. 36 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute the lease 2 agreement between the City of Boynton Beach and the Boynton JCP Associations, 3 LTD., providing the space for a "satellite office" at the Boynton Beach Mall, a copy 4 of said lease being attached hereto as Exhibit "A". 5 Section 3. This Resolution will become effective immediately upon 6 passage. 7 PASSED AND ADOPTED this _ day of June, 2005. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 Commissioner 22 23 24 Commissioner 25 ATTEST: 26 27 City Clerk 28 29 (Corporate Seal) 30 31 32 S:\CA\RESO\Agreements\BB Mall lease 050200.doc 2 APPLICATION FOR PERMIT TO USE COMMON AREA I Shopping Center Boynton Beach Mall Form 138 (Rev. 9.01) Instructions: Please TYPE or PRINT all information. Name of Individual/Organization Cit Hall in the Mall Street Address Describe the nature of the activity Information and dis la re ardin the Cit of Bo nton Beach satellite customer service center in room 111 at Boynton Beach Mall. Staffed by volunteers and City workers to rovide a variet of services for the Cit and Palm Beach County. City of Boynton Beach agrees to allow Boynton Beach Mall the use of their southeast/southwest parking lots for recreational vehicle, automobile, boat, holida tree sales and shows 12 times er ear. 100 East Bo nton Beach Boulevard City, State, Zip Boynton Beach, Florida 33425 Telephone No. 561-742-6236 DATE REQUESTED TIME REQUESTED NAME OF PERSON WHO WOULD BE IN CHARGE From: DAM. To: DAM. Virginia Shea 6/1 IDS Dp.M. Dp.M. From: DA.M. To: DAM. Dp.M. Dp.M. From: DAM. To: DAM. 5/31/10 Dp.M. Dp.M. If use of special decorations, sians, disDlavs, or devices is reauested, eXDlain GENERAL RELEASE AND INDEMNITY (Please read carefully) Applicant agrees that if a Permit is issued pursuant to this Application. Applicant will defend, indemnify and hold Management, the Owner, each tenant of the Shopping Center, and the Merchants' Association or Promotional Fund harmless from and against any and all claims for personal injuries, death, damages, costs, and/or other expenses, including reasonable attorney's fees, arising from or in any way connected with the use of the Common Area of the Shopping Center or any part or facility thereof by the Applicant or his agents, members, partners, associates, contractors, servants and employees, and the undersigned does hereby release, discharge and acquit the Owners of the real estate, their lessees, the Mall Management Company (and all their shareholders, directors, employees, customers and invitees), Mall Tenants (and their owners, officers, directors, employees, customers and invitees) and the Mall Merchants' Association or Promotional Fund from any and all claims, demands, and actions for any loss, cost, expense, damage or injury either to the person or property of the Applicant and each member of the Applicant sustained by reason of any condition of said Common Area or the Mall Shopping Center, or due to any act of any employee or agent of the Merchants' Association or Promotional Fund, the Mall Tenants the fee Owner, its lessee, the Management Company or the act of any other person or entity whatsoever, all of which claims are hereby waived bv Applicant for itself and each of its members. ACKNOWLEDGEMENT (Please read carefully) The undersigned hereby represents that he/she is the Applicant or an officer or other authorized agent of the Applicant named herein and that he/she is 21 years of age or over. The undersigned further acknowledges he/she has read and is familiar with the Rules and Regulations Governing Use of the Common Area of the Shopping Center (see reverse side) and recognizes and agrees by his/her signature hereto that the making of this Application, the issuance of any Permit based on this Application and the use authorized by such Permit are expressly conditional upon Applicant's acceptance and continuing observation of said Rules and Regulations. Name of person completing application Street Address (if different that above) Jerry Taylor Title (if any) City, State, Zip City Mayor Signature Date lPhone No. PERMIT TO USE COMMON AREA The Individual/Organization named above has permission to use the designated portion of the Common Area during the above stated hours date(s), subject to the Mall policies and to the Rules and Regulations stated on the reverse side hereof. D Please locate the exhibit, display, or equipment in the Mall Common Area as indicated on the attached map of the Mall. Authorized Signature Date For: RULES AND REGULATIONS GOVERNING THE USE OF SHOPPING CENTER COMMON AREA A. The Management Company of the Shopping Center is pleased to permit non-commercial, promotional and community service activities to be conducted within the enclosed pedestrian arcade or on the parking lots of the Shopping Center (hereinafter called "Common Area") by interested persons and organizations approved by Management in its sole discretion (hereinafter called "Users"). To accommodate such Users in a manner and to an extent consonant with the primary purposes of the Shopping Center, the Management adopted the rules and regulations contained herein in order to facilitate such use of the "Common Area." S. The commercial activity of the Shopping Center and Mall, tenants, their owners, officers, directors, employees, customers and invitees are the primary activities of the Shopping Center. All other Users cannot conduct any other activity within the Shopping Center without having first obtained a permit for such activity from the Management. Such permit shall be granted only for use of that area designated as "Common Area." C. A User may apply for a permit to use the "Common Area" within the Shopping Center at the Mall office of the Marketing Director during the hours 01 9:00 a.m. to 4:00 p.m., Monday through Friday. Application shall be in the form set forth by the Management and subject to these rules and regulations and should be made no later than 30 days prior to the day requested by the User for use of the "Common Area". D. In making a determination as to whether a permit to use the "Common Area" within the Shopping Center shall be issued, Management shall evaluate the following: The nature of the activity; the dates. times and duration of the activity; the risk of injury to any person or properties; the risk of unreasonable interterence with the aforementioned commercial activities of Shopping Center tenants and their owners, officers. directors, employees, customers and invitees. Management will consider applications on first-come. first-served basis. E. Each User shall agree to comply with the following conditions and rules: 1. The activity shall be confined to a specific use of the "Common Area" as set forth in detail on the Application and will be limited to date and times specified on such Application and confined to the "Common Area" as determined by Management. 2. Users shall at all times during its use of the "Common Area" provide sufficient supervision and maintain adequate control of its members, guests or invitees. Management, in its sole discretion, shall determine if any User is not neatly dressed. Any User violating this paragraph shall be asked to leave the Shopping Center immediately. 3. In the event there are any licenses or permits required by any governmental agency or authority with respect to the type of activity carried on, Users shall be responsible for obtaining such licenses, authorization or permits. No unlawful activities shall be permitted in the use of the "Common Area" including but not limited to the use of alcoholic beverages or gambling. 4. All Users using the "Common Area" assume liability for and shall indemnify and hold harmless the owners of the real estate, their lessees, the Management Company (and all their shareholders, directors, employees, customers and invitees), Shopping Center tenants (and their owners, officers, directors, employees, customers and invitees) and the Merchants' Association or Promotional Fund against and from any and all liabilities, obligations, losses, penalties, claims, action suits, damages, expenses, disbursements (including legal fees and expenses). or costs of any kind and nature whatsoever in any way relating to or arising out of any activity of the Users (including without limitation the activities of the User's members, officers, directors, employees, agents, contractors, servants within the Shopping Center). The Shopping Center tenants, the Merchants' Association or Promotional Fund, fee owner, its lessee. or the Management Company shall not be liable to any User using the "Common Area" or any other person on or about the enclosed Mall, the adjoining grounds and parking lot, by the User's consent, invitation or license, express or implied. for any loss, expense or damage, either to the person or property sustained by reason of any condition of said "Common Area" or the Shopping Center. or due to any act of any employee or agent of the Association or the Promotional Fund, the Shopping Center tenants, the fee owner, its lessees, the Management Company or the act of any other person whatsoever. 5. If the application is for any activity which may reasonably be expected to cause public disorder or injury to any person or property or to require substantial cleaning, repairs, or restoration in order to return any area of the Shopping Center to the condition existing immediately prior to the commencement of the activity, the Management may, as a condition to granting a permit. require security for the pertormance of the Applicant's obligation as licensee under such permit and these rules and regulations. Such security shall be in a form satisfactory to the Management and may be a cash deposit, a bond, insurance policy, or other adequate assurance of the applicant's pertormance. Where such determination is made and insurance is required, such insurance shall be in the minimum of a commercial general liability policy having limit of $2,000,000.00 per occurrence with a $2,000,000.00 aggregate, naming Landlord, Property Manager. and Simon Property Group, Inc. as additional insured. 6. Unless otherwise permitted by Management the User shall not vend or peddle, or solicit orders for sale or distribution of merchandise, devices, services, periodicals, books, pamphlets, tickets or other material whatsoever. User shall not exhibit any sign, plaque or banner, notice or any other written material in or around the Shopping Center without prior written approval by Management. 7. The User shall not use any vehicle, motor, camera, lighting device or projector on the "Common Area" without prior approval of Management. The User shall not engage in any fighting or direct use of any physical force, abusive or obscene language or threats toward any other person or engage in any other form of unreasonable behavior such as the making of unreasonable noise or coarse or offensive utterance, gesture or display which causes or is likely to cause significant public inconvenience, annoyance or alarm. In addition, the User shall not permit the emission of noise or odors or use any device or paraphernalia, which may constitute a nuisance such as loudspeakers, sound amplifiers, radios, televisions or phonographs without prior written approval by Management. If use of vehicles is approved, evidence of auto liability in the amount of $1,000.000.00 combined single limit must be provided. 8. Any interested person or organization using the "Common Area" shall not engage in any conduct which might intertere with or impede the use of any other facilities of the Shopping Center by any customer. business invitee or employee, employer, or tenant or create a disturbance. attract attention or harass, annoy, disparage or be detrimental to any of the retail establishments of the Shopping Center. Management, in its sole discretion. shall determine whether such objectionable conduct has occurred. 9. The "Common Area" shall be surrendered in the same condition as it was upon commencement of its use. All expenses incurred to maintain order and to keep the "Common Area" free from rubbish will be borne by the User. 10. If the Management shall deem the use of the "Common Area" objectionable, at its sole discretion, it may, without any notice whatsoever, terminate the rights of the User to use the "Common Area." All such persons shall immediately remove themselves from the Shopping Center, the enclosed pedestrian arcade, and the adjoining grounds and parking lots. 11. All users of the "Common Area" shall, prior to occupying the "Area" for use, notify the Marketing Director or the Manager of the Shopping Center at least 30 minutes before such use. 12. The User shall not obstruct the free flow of pedestrian or vehicular traffic on walkways, sidewalks, stairways, escalators, roads, driveways, parking lots or any other area regularly used for such traffic within the Shopping Center. 13. Notwithstanding anything herein to the contrary, management may in its sole discretion permit or not permit any person or organization to use the common area or require a User to leave the common area or forcibly remove a person and/or other material, all without any liability whatsoever for any damages, claims, losses, actions. suits arising from such removal. ~ VI.-CONSENT AGENDA ITEM C.13 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date final form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meetinl! Dates Date final form Must be Turned in to City Clerk's Office D AprilS, 2005 D April 19, 2005 D May 3, 2005 D May 17,2005 March 14,2005 (Noon.) D June 7, 2005 I:8J D D May 16,2005 (Noon) April 4, 2005 (Noon) NATURE OF AGENDA ITEM D Administrative I:8J Consent Agenda D Public Hearing D Bids D Announcement D City Manager's Report June21,2005 June 6, 2005 (Noon) July 5, 2005 June 20, 2005 (Noon) July 19,2005 July 5, 2005 (Noon) ': "'\ C.. -';1 - ., D Development Plans I i 0) D New Business -- ::~ :..,;~ D Legal =G: ~---' ~;:- -- .-q D Unfinished Business .. -r',CD -fTl D c...) CI):> Presentation ~:- [1"1("') :::: April 18, 2005 (Noon) May 2, 2005 (Noon) RECOMMENDATION: Authorization to execute by Resolution an Assignment and Assumption Agreement amongst the City of Boynton Beach, Lawson, Noble & Webb, Inc. and Arcadis G & M, Inc. EXPLANATION: On November 18, 2003, the City Commission approved a two-year consultant agreement with Lawson, Noble & Webb, Inc. for Scope C, Infrastructure Improvements and Repairs. The award of the agreement was a result of the Consultants Competitive Negotiation Act process that the Utilities Department went through on Request for Qualifications #065-2821-03/CJD. Lawson, Noble & Webb, Inc. has informed the City of Boynton Beach, in writing, that they have been acquired by Arcadis G & M, Inc., thus the need for the Assignment and Assumption Agreement between the parties. Currently, there are no Task Orders executed or in development with Lawson, Noble & Webb, Inc. PROGRAM IMPACT: Assignment of this agreement will continue the opportunity to utilize Lawson, Noble & Webb, Inc. for any Scope C needs. FISCAL IMPACT: At this time there is no fiscal impact. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC err CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: An alternative would be to deny execution of the Assignment and Assumption Agreement. This is not recommended. Lawson, Noble & Webb, Inc. was selected based on their experience, qualifications and ability to be responsive to meet needs within Scope C. 4.~~~s- Departmen~gnature ~ City Manager's Signature Department Name City Attorney I Finance I Human Resources cc: Barb Conboy Paul Fleming Procurement Services S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. OS- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND APPROVING AN 5 ASSIGNMENT AND ASSUMPTION AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH, 7 LAWSON, NOBLE & WEBB, INC., AND ARCADIS G & 8 M, INC., AND AUTHORZING THE CITY MANAGER 9 AND CITY CLERK TO EXECUTE THE AGREEMENT; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, On November 18, 2003, the City Commission approved a two-year 13 onsultant Agreement with Lawson, Noble & Webb, Inc., for Scope C, Infrastructure 20 14 provements and Repairs; and 15 WHEREAS, Lawson, Noble & Webb, Inc. has informed the City that they have been 16 cquired by Arcadis G & M, Inc., thus the need for an Assignment and Assumption 17 greement between the parties. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 eing true and correct and are hereby made a specific part of this Resolution upon adoption 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 22 23 24 ereby authorize and approve the Assignment and Assumption Agreement between the City 25 fBoynton Beach and Lawson, Noble & Webb, Inc., and Arcadis G & M, said Agreement is 26 ttached hereto as Exhibit "A". 27 Section 3. The City Manager and City Clerk are authorized and directed to 28 xecute said Agreement. Section 4. This Resolution shall become effective immediately upon passage. 1 PASSED AND ADOPTED this _ day of June, 2005. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ity Clerk Corporate Seal) Mayor Vice Mayor Commissioner Commissioner Commissioner LN\\' . . . . . . . . ... .. Lawson, Noble & Webb, Inc. ENGINEERS · PLANNERS. SURVEYORS Setting the Standard...Leading the Way'" May 31,2005 ~1<GIOYilP) ",,-121m - The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Fl. 33435 Attn: Barbara Conboy Manager, Utilities Administration RE: Assignment of SCOPE C: Infrastructure Improvement and Repairs (General Consulting and Engineering Services Contract) Dear Ms. Conboy, Per your request, I have attached the assignment and assumption agreement. Please advise me if any further information will be required. Sincerely, ~Uh!a- Libbey Webb Vice President Attachments G:\FLORIDA BD\Corporate BD\City of Boynton Beach.doc LAWSON, NoeLE & WEBB, INC. · 420 Columbia Drive, Suite 110 · West Palm Beach, Florida 33409 561-684-6686. Fax 561-684-1812. E-mail: westpalmbeachOarcadis-us.com. http://www.arcadis-us.com ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement is entered into between LAWSON, NOBLE & WEBB, INC, hereinafter "assignor," and ARCADIS G&M, INe., hereinafter referred to as "Assignee." WHEREAS, Assignor has entered into a contract for professional services with the City of Boynton Beach, hereafter the "Client," dated November 18, 2003 , hereafter the "Contract;" and WHEREAS, Assignee desires to assign the rights and delegate the duties under such Contract to Assignee; and WHEREAS, the Contract provide for the written consent of the Client in the event that the Contract is to be assigned. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Assignor and Assignee hereby agree as follows: I . That the Contract is hereby assigned to the Assignee, and the Assignee shall assume all further obligations for performance under the Contract and the Assignee shall have all rights arising under the Contract, including the right to payrnents provided hereunder. 2. That the Assignee shall defend and indemnifY the Assignor from any claims arising frorn the performance of the Assignee in fulfilling the terms of the Contract, and the Assignor shall defend and indernnifY the Assignee from any claims arising from the performance of the Assignee prior to this assignment. 3. Nothing herein shall modifY the terms of the Contract. 4. The Client has hereto provided its consent to the assignment as set forth; however, this consent shall not release the Assignor from any obligations to the Client arising under the terms of the Contract. LAWSON, NOBLE & WEBB, INe. By: ~Ltt~UhfJty V t c. E: ~:::..:;.. t t7EN. r CONSENT TO ASSIGNMENT: ll7er-J T By: CLIENT LN\\' May 9, 2005 rm~@&!a\\J@@ MAY 1 1 20G5 BOYNroN BEACH IITILITIES . . . . . . . . ... .. Lawson, Noble & Webb, Inc. ENGINEERS. PLANNERS. SURVEYORS Setting the Standard...Leading the Way.m The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Fl. 33435 Attn: Barbara Conboy Manager, Utilities Administration RE: Assignment of SCOPE C: Infrastructure Improvement and Repairs (General Consulting and Engineering Services Contract) Dear Ms. Conboy, In August 2003, the firm of Lawson, Noble & Webb, Inc. merged with the firm of ARCADIS G & M, Inc. It is our intention by June 30, 2005 to assume the name of ARCADIS G & M, Inc. for all operations and contracts. The staff included in the contract along with the Classification and Hourly Rate sheet will remain the same, as will the address of the firm. I currently remain an officer of both Lawson, Noble & Webb, Inc. and ARCADIS G & M Inc. and have the authority to request the above stated transaction, I have attached a copy of the ARCADIS State of Florida Certificate along with the Department of Business and Professional Regulation License to operate a both as a Survey and Professional Engineering Business in the State of Florida. Please advise me if any further information will be required. Sincerely, Attachments LAWSON, NOBLE & WEBB, INC. · 420 Columbia Drive. Suite 110 . West Palm Beach, Florida 33409 561-684-6686. Fax 561-684-1812. E-mail: westpalmbeachOarcadis-us.com. http://www.arcadis-us.com State of Florida Department of State I certify from the records of this office that ARCADIS G&M, INC. is a corporation organized under the laws of Delaware, authorized to transact business in the State of Florida, qualified on February 26, 1998. The document number of this corporation is F98000001104. I further certify that said corporation has paid all fees due this office through December 31, 2005, that its most recent annual report was filed on January 4, 2005, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. i -. Given under my hand and the Great Seal of Florida, at Tallahassee, tlte Capital, tltis the Twenty Second day of April, 2005 L~ f. ~ Secretary of State Authentication lD: 3000S1667123-04220S-F980000011 04 To authenticate this certificate, visit the following site, enter this lD, and then follow the instructions displayed. www.sunbiz.orgJauth.html Related License Information Licensee Name: Rank: Primary Status: Secondary Status: ARCADIS G& M INC Surveyor Business Current Active Related License Information License Number 5392 Status Current, Active Relationship Type GRAVES, DAVID P Surveyor & Business Related Party License Number: License Expiration Date: Original License Date: Relation Effective Date 10/30/2000 Rank Surveyor and Mappers https:/ /www.mvfloridalicense.com/re1ationList.asp?record cnt= 1 &LicId= 1368581 Page 1 of 1 cma 7062 02/28/2007 11/13/2000 Expiration Date 02/28/2007 5/9/2005 Licensing Portal - License Details Search for a Licensee Apply for a License View Application Status Apply to Retake Exam Find Exam Information File a Complaint AB&T Delinquent Invoice & Activity List Search :s User Services Renew a License Change License Status Maintain Account Change My Address View Messages Change My PIN View Continuing Ed ~~~ Term Glossary ~ Online Help Page 1 of 1 DBPR Home I Online Services Home I Help I Site Map 4:19:25 F Licensee Details Licensee Information Name: ARCADIS G& M INC (Primary Name) (DBA Name) Main Address: 630 PLAZA DRIVE, SUITE 200 ATT: CHANDRA DOWNEY HIGHLANDS RANCH Colorado 80129 License Mailing: LicenseLocation: License Information License Type: Rank: License Number: Status: Licensure Date: Expires: Surveyor Business LB LB7062 Cu rrent,Active 11/13/2000 02/28/2007 Special Qualifications Qualification Effective View Related License Information View License Complaint ~ I Terms of Use I I Privacy Statement I https ://www.myfloridalicense.com/LicenseDetail.asp?SID=&id= 13685 81 5/9/2005 VI.-CONSENT AGENDA ITEM C.15 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) I:8J June 21, 2005 June 6, 2005 (Noon) D May 3. 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17, 2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) C_. - ;:-) )~ -,-( --.-j '. 1 D Administrative D Development Plans NATURE OF ~ Consent Agenda D New Business ~~ AGENDA ITEM D Public Hearing ~ Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report ,. < - ---- --"c\ - -".,i~ ":'-;c:> --1"" ~:::.> " ; CJ ::c RECOMMENDATION: Approve and execute, via a Resolution, the Declaration of Restrictive Covenants and Grant Award Calculation Statement (three originals) between Florida Communities Trust (FCT) and the City to provide partial reimbursement for the acquisition of the Jaycee Park property from Florida Inland Navigation District (F.I.N.D.). EXPLANATION: The City recently purchased the Jaycee Park property from F.I.N.D. for $3,400,000 (plus closing costs). To assist with the expense, the City applied for, and was awarded a grant from Florida Communities Trust. To receive the funding, the City must enter into an agreement that sets forth conditions that must be satisfied and accept restrictions that are required to receive Florida Forever Funds. PROGRAM IMPACT: City will develop the property as described in the conceptual plans within five years, developing, operating and maintaining the project for boating, fishing and Intracoastal Waterway access for use by the general public. FISCAL IMP ACT: By entering into this agreement, Florida Communities Trust will reimburse the City 50% ofthe allowable final project cos! ($3,423,135.00 includes purchase price and closing costs). Total reimbursement $1,709,567.50. ALTERNATIVES: Do not accept the gr Recreation and Parks Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 24 25 26 27 28 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. ROS- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE DECLARATION OF RESTRICTIVE COVENANTS AND GRANT AWARD CALCULATION STATEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE FLORIDA COMMUNITIES TRUST TO PROVIDE PARTIAL REIMBURSEMENT FOR THE ACQUISITION OF THE JAYCEE PARK PROPERTY FROM FLORIDA INLAND NAVIGATION DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach recently purchased the Jaycee Park property 16 from the Florida Inland Navigation District using grant funds from Florida Communities 17 Trust; and 18 WHEREAS, to receive the funding, the City must enter into an agreement that sets 19 forth conditions that must be satisfied and accept restrictions that are required to receive 20 Florida Forever Funds; and 21 WHEREAS, by entering into this Agreement, Florida Communities Trust will 22 reimburse the City fifty (50%) percent of the allowable final project cost of$3,423,135.00 23 (including purchase price and closing costs). Total reimbursement will be $1,709,567.50. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. 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 ofthe City of Boynton Beach hereby authorizes 30 the Mayor and City Clerk to execute the Declaration of Restrictive Covenants and Grant 31 Award Calculation Statement between the City of Boynton Beach and the Florida S:\CA\RESO\Agreements\Grants\Jaycee Project - fct GRANT.doc 1 Communities Trust for the partial reimbursement for the acquisition of the Jaycee Park 2 property from the Florida Inland Navigation District. 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of June, 200S. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 ATTEST: 24 25 26 City Clerk 27 28 29 S:\CA\RESO\Agreemenls\Granls\Jaycee Project - tct GRANT.doc Local Government Name: City of Boynton Beach Project Name: Jaycee Park Acquisition FCT Project #: 04-023-FF4 Date: 4/27/2005 GRANT AWARD CALCULATION TOTAL PROJECT COSTS Land Purchase Price $3,400,000.00 (1) Total Land Purchase Price $ 3,400,000.00 Acquisition Expenses Survey $6,200.00 Title Insurance 11,585.00 (2) Appraisal Review 2,000.00 Appraisals 350.00 Environmental Audit 3,000,00 Total Acquisition Expenses 23,135.00 Total Project Costs $ 3,423,135.00 COMPUTATION OF GRANT AWARD AND LOCAL MATCH AMOUNT FCT Award Computation Share of Purchase Price $ 1,700,000.00 (1 ) Share of Acquisition Expenses 11,567.50 Total Share of Project Costs $ 1,711,567.50 (3) City of Boynton Beach Share of Purchase Price $ 1,700,000.00 Share of Acquisition Expenses 11,567.50 Total Share of Project Costs 1,711,567.50 Total Project Costs $ 3,423,135.00 COMPUTATION OF PREPAIDS, REIMBURSEMENTS. AND ADDITIONAL COSTS FLORIDA COMMUNITIES TRUST FCT Prepaid Project Costs Appraisal Review $ 2,000.00 Total Prepaid Costs 2,000.00 FCT Amount Due at Closing Share of Total Project Costs $ 1,711,567.50 Less Total Prepaid Costs 2,000.00 Total Amount Due From FCT $ 1,709,567.50 I:\SEC\FCT\DATA\LEGAL FORMS\CLOSING FORMS\Grant Award Calculation Statement City 01 Boynton Beach Jaycee Park Acquisition FCT Project #: 04-023-FF4 Date: Page L City of Boynton Beach City Prepaid Costs Land Purchase Price Survey Title Insurance Appraisals Environmental Audit Total Prepaid Costs $ 3,400,000.00 6,200.00 11,585.00 350.00 3,000.00 3,421,135.00 $ City Amount Due Share of Total Project Costs Less Prepaids Total Amount Due to County $ 1,711,567.50 3,421,135.00 $ 1.709.567.50 County Additional Costs Record Grant Award Agreement Total Additional Costs $ 120.00 (4) 120.00 Notes: (1) Pursuant to a memoradum from William H. Benson, MAl, to Caroline Sutton, dated 1-13-05, the Maximum Approved Purchase Price is $4,320,000. The City acquired the property on 8-4-04, at a purchase price of $3,400,000. The FCT Reimbursement is based on the actual Purchase Price, as it is less than the Maximum Approved Purchase Price. (2) Amount includes costs for title insurance, title examination, title search and closing fees. (3) Pursuant to the terms of the Conceptual Approval Agreement. the amount of the grant shall not exceed the lesser of $1.713,000 or 50% of the project costs. (4) Disbursed to Clerk of the Court, Palm Beach County The foregoing reconciliation of Purchasers' costs is hereby approved by the undersigned. CITY OF BOYNTON BEACH FLORIDA COMMUNITIES TRUST By: Its: By: Its: Date: Date: I:\SEC\FCT\DATA\LEGAL FORMS\CLOSING FORMS\Grant Award Calculation Statement I:\SEC\FCT\DATA\LEGAL FORMS\CLOSING FORMS\Grant Award Calculation Statement City ot Boynton Beach Jaycee Park Acquisition FCT Project #: 04-023.FF4 Date: Page '2. City of Boynton Beach City Prepaid Costs Land Purchase Price Survey Title Insurance Appraisals Environmental Audit Total Prepaid Costs $ 3,400,000.00 6,200,00 11,585.00 350.00 3,000.00 3,421,135.00 $ City Amount Due Share of Total Project Costs Less Prepaids Total Amount Due to County $ 1,711,567.50 3,421,135.00 $ 1,709,567.50 County Additional Costs Record Grant Award Agreement Total Additional Costs $ 120.00 (4) 120.00 Notes: (1) Pursuant to a memoradum from William H. Benson, MAl, to Caroline Sutton, dated 1-13-05, the Maximum Approved Purchase Price is $4,320,000. The City acquired the property on 8-4-04, at a purchase price of $3,400,000. The FCT Reimbursement is based on the actual Purchase Price, as it is less than the Maximum Approved Purchase Price. (2) Amount includes costs for title insurance, title examination, title search and closing fees. (3) Pursuant to the terms of the Conceptual Approval Agreement, the amount of the grant shall not exceed the lesser of $1,713,000 or 50% of the project costs. (4) Disbursed to Clerk of the Court, Palm Beach County The foregoing reconciliation of Purchasers' costs is hereby approved by the undersigned. CITY OF BOYNTON BEACH FLORIDA COMMUNITIES TRUST By: Its: By: Its: Date: Date: I:\SEC\FCT\DATA\LEGAL FORMS\CLOSING FORMS\Grant Award Calculation Statement Local Government Name: City of Boynton Beach Project Name: Jaycee Park Acquisition FCT Project #: 04-023.FF4 Date: 4/27/2005 GRANT AWARD CALCULATION TOTAL PROJECT COSTS Land Purchase Price $3,400,000.00 (1) Total Land Purchase Price $ 3,400,000.00 Acquisition Expenses Survey $6,200.00 Title Insurance 11,585.00 (2) Appraisal Review 2,000.00 Appraisals 350.00 Environmental Audit 3,000.00 Total Acquisition Expenses 23,135.00 Total Project Costs $ 3,423,135.00 COMPUTATION OF GRANT AWARD AND LOCAL MATCH AMOUNT FCT Award Computation Share of Purchase Price $ 1,700,000.00 (1 ) Share of Acquisition Expenses 11,567.50 Total Share of Project Costs $ 1,711,567.50 (3) City of Boynton Beach Share of Purchase Price $ 1,700,000.00 Share of Acquisition Expenses 11,567.50 Total Share of Project Costs 1,711,567.50 Total Project Costs $ 3,423,135.00 COMPUTATION OF PREPAIDS. REIMBURSEMENTS. AND ADDITIONAL COSTS FLORIDA COMMUNITIES TRUST FCT Prepaid Project Costs Appraisal Review $ 2,000.00 Total Prepaid Costs 2,000.00 FCT Amount Due at Closing Share of Total Project Costs $ 1,711,567.50 Less Total Prepaid Costs 2,000.00 Total Amount Due From FCT $ 1,709,567.50 I:\SEC\FCT\DATA\LEGAL FORMS\CLOSING FORMS\Grant Award Calculation Statement City 01 Boynton Beach Jaycee Park Acquisition FCT Project #: 04-023.FF4 Date: Page L City of Boynton Beach City Prepaid Costs Land Purchase Price Survey Title Insurance Appraisals Environmental Audit Total Prepaid Costs $ 3,400,000.00 6,200.00 11,585.00 350.00 3,000.00 3,421,135.00 $ City Amount Due Share of Total Project Costs Less Prepaids Total Amount Due to County $ 1.711,567.50 3,421,135.00 $ 1,709,567.50 County Additional Costs Record Grant Award Agreement Total Additional Costs $ 120.00 (4) 120.00 Notes: (1) Pursuant to a memoradum from William H. Benson, MAl, to Caroline Sutton, dated 1-13-05, the Maximum Approved Purchase Price is $4,320,000. The City acquired the property on 8-4-04, at a purchase price of $3,400,000. The FCT Reimbursement is based on the actual Purchase Price, as it is less than the Maximum Approved Purchase Price. (2) Amount includes costs for title insurance, title examination, title search and closing fees. (3) Pursuant to the terms of the Conceptual Approval Agreement, the amount of the grant shall not exceed the lesser of $1,713,000 or 50% of the project costs. (4) Disbursed to Clerk of the Court, Palm Beach County The foregoing reconciliation of Purchasers' costs is hereby approved by the undersigned. CITY OF BOYNTON BEACH FLORIDA COMMUNITIES TRUST By: Its: By: Its: Date: Date: I:\SEC\FCT\DATA\LEGAL FORMS\CLOSING FORMS\Grant Award Calculation Statement This document prepared by: Leslie O. Anderson-Adams for Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 FLORIDA COMMUNITIES TRUST FF4 A WARD #04-023-FF4 FCT Contract # JA YCEE PARK ACQUISITION DECLARATION OF RESTRICTIVE COVENANTS THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and the CITY OF BOYNTON BEACH, a Florida Municipal Corporation and local government of the State of Florida ("Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent ofthis Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds, as described in Exhibit "A" attached hereto and made a part hereof ("Project Site"), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes; WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a non-regulatory agency within the Department of Community Affairs ("Department") that will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty-two percent (22%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community-based projects, urban open spaces, parks and greenways to implement local comprehensive plans; l DRC\04-023-FF4 April 26, 2005 WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds, meaning the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS, Rule 9K-7.009(l), Florida Administrative Code ("F.A.C."), authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS, FCT has approved the terms under which the Project Site was acquired and the deed whereby the Recipient acquired title to the Project Site; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to disbursing FCT Florida Forever funds to the Recipient for Project Costs. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and the Recipient do hereby contract and agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon execution by both parties. The covenants and restrictions contained herein shall run with the Project Site and shall bind, and the benefit shall inure to, FCT and the Recipient and their respective successors and assigns. II. MODIFICATION OF AGREEMENT 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each ofthe parties hereto. Such amendments shall be incorporated into this Agreement. III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE COVENANTS 1. Upon execution by the parties hereto, the Recipient shall cause this Agreement to be recorded and filed in the official public records of Palm Beach County, Florida, and in such manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees and charges incurred in connection therewith. 2. The Recipient and FCT agree that the State of Florida Department of Environmental Protection shall forward this Agreement to the Department of Environmental 2 DRC\04-023-FF4 April 26, 2005 Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax-exempt status of the Florida Forever Bonds is not jeopardized, FCT and the Recipient shall amend the Agreement accordingly. IV. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to the addresses specified below. Any such notice shall be deemed received on the date of delivery if by personal delivery or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 A TTN: Program Manager Recipient: ATTN: 2. In the event that a different representative or address is designated for paragraph 1. above after execution of this Agreement, notice of the change shall be rendered to FCT as provided in paragraph 1. above. V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 2S9, CHAPTER 37S AND CHAPTER 380, PART III, FLA. STAT. 1. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee containing such covenants, clauses or other restrictions as are sufficient to protect the interest of the State of Florida. 2. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 3. Ifthe existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District who agrees to accept title and manage the Project Site. 3 DRC\04-023-FF4 April 26, 2005 4. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the Recipient shall deposit with FCT any insurance proceeds or any condemnation award and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from FCT, FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT shall have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. VI. MANAGEMENT OF PROJECT SITE 1. The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for compatible passive, natural resource- based public outdoor recreation, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Management Plan approved by FCT. 2. The Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient. 3. The Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction, as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 4. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 5. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 4 DRC\04-023-FF4 April 26, 2005 6. All buildings, structures, improvements and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. If archaeological and historic sites are located on the Project Site, the Recipient shall comply with Chapter 267, Fla. Stat. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site shall be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 8. The Recipient shall ensure that the Project Site is identified as being publicly owned and operated as a passive, natural resource-based public outdoor recreational site in all signs, literature and advertising regarding the Project Site. The Project Site shall permanently contain one sign, provided by FCT, recognizing FCT's role in the acquisition of the Project Site. The sign shall be displayed at the Project Site within ninety (90) days of the final disbursement of the FCT award. A photograph of the sign installed at the Project Site shall be provided to FCT within the same ninety (90) day timeframe. 9. As required by Rule 9K-7.013, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VII. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from either commitments made in the application that received scoring points or observations made by FCT staff during the site visit described in Rule 9K- 7.009(1), F.A.C.: 1. Two or more resource-based outdoor recreational facilities including a picnic pavilion and fishing pier and two or more user-oriented outdoor recreational facilities including a playground and bocce ball courts shall be provided. The facilities shall be located and designed to have minimal impacts on natural resources on the project site. 2. A permanent recognition sign, a minimum size of 4' x 6', shall be maintained in the entrance area of the project site. The sign shall acknowledge that the project site was purchased with 5 DRC\04-023-FF4 April 26, 2005 funds from the Florida Communities Trust Florida Forever Program and the City of Boynton Beach. 3. At least 24 regularly scheduled and ongoing educational classes or programs that promote the protection of natural resources shall be provided at the project site. 4. Interpretive signage shall be provided to educate visitors about the natural resources and unique history of the Project Site. 5. A survey of the natural communities and plant species on the project site shall be conducted prior to the development of the project site. The survey shall be used during development of the site to ensure the protection, restoration, and preservation of the natural communities on the project site 6. The wetland communities that occur on the project site shall be preserved, enhanced, and appropriately managed to ensure the long-term viability of these communities. 7. The project site shall be managed in a manner that protects and enhances habitat for listed wildlife species that utilize or could potentially utilize the project site, including listed wading birds. The development of the management plan shall be coordinated with the Fish and Wildlife Conservation Commission's Office of Environmental Services to ensure the preservation and viability oflisted and non-listed native wildlife species and their habitat. Periodic surveys shall be conducted of listed species using the project site. 8. Any proposed stormwater facility for the project site shall be designed to provide recreation open space or wildlife habitat. 9. A comprehensive landscaping plan will be developed for the project site. The landscaping plan will make significant use of native plants. 10. Approximately 1 acre of disturbed wetlands shall be restored to a natural condition in terms of biological composition and ecological function. The invasive exotic vegetation will be removed and the area replanted with native mangrove vegetation. 11. An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 12. A feral animal removal program shall be developed and implemented for dogs, cats, Muskovy ducks, and other non-native wildlife that may be found on the project site. 6 DRC\04-023-FF4 April 26, 2005 13. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 14. Major site improvements, including the boat docks and fishing pier shall be located in such a manner that these facilities will have minimal impact on the natural resources on the project site. 15. Boating facilities at the project site shall be limited to day use boat slips. The management plan shall include provisions to protect sea grass, manatees, and wading bird habitat within the riparian area. 16. Pedestrian and bicycle access to the project site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the project site with adjacent residential neighborhoods. 17. The project site shall be managed as part of the City's Greenways/Bikeways Plan by providing a destination point and trailhead facilities. 18. Proposed site improvements shall be designed and located to minimize or eliminate the long-term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 19. The requirements imposed by other grant program funds that may be sought for activities associated with the project site shall not conflict with the terms and conditions of this award. VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS I. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated there under as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disalIowable 7 DRC\04-023-FF4 April 26, 2005 activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non-governmental person or organization; b. the operation of any concession on the Project Site by a non-governmental person or organization; c. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non-governmental person or organization; d. any use of the Project Site by a non-governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with a non-governmental organization; or person or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph III.I. above, at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE 8 DRC\04-023-FF4 April 26, 2005 WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. IX. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. 3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: 9 DRC\04-023-FF4 April 26, 2005 Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 5. If the audit shows that any portion ofthe funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. performed by an independent certified public accountant ("IP A") who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. x. DEFAULT; REMEDIES; TERMINATION 1. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the 10 DRC\04-023-FF4 April 26, 2005 violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat. XI. STANDARD CONDITIONS I. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy ofFCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 D.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, 11 DRC\04-023-FF4 April 26, 2005 and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement including Exhibit "A" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: CITY OF BOYNTON BEACH By: Print Name: Title: Print Name: Date: Print Name: Approved as to Form and Legality: By: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 2005, by as of on behalf of the Local Government, and who is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: 12 DRC\04-023-FF4 April 26, 2005 Witness: FLORIDA COMMUNITIES TRUST By: Janice Browning, Director, Division of Housing and Community Development Print Name: Date: Print Name: Approved as to Form and Legality: By: Trust Counsel STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this _ day of ,2005, by Janice Browning, Director, Division of Housing and Community Development. She is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: 13 DRC\04-023-FF4 April 26, 2005 EXHIBIT "A" The following described land in Palm Beach County, Florida: , LEGAL'DESCRIPTION: Easterly' portion, formerly MSA 638~ described as: rhose portions of.a.tract described. by metes and bounds lying' in the S~ of 5ec.33 3nd\ln the ~ of-.the'SW~ of S,ec.34,T.:45S,R.43 E,'Palm'Beach County, mare pllrticu- larlY ductibed -as follows: " .' . . ' ~cr NO.1: Commence at the 1/4 section corner on line bet~een said Sec.~3 and 34, for a point pf reference. From thence run.along the E and'W 1/4 section'line : through Sec .34, N: 890 :;14 '40. E, a dist.ance of 155.91 it. t.o lln int.rs llction with the W~ R/W,line of Intracoastal WatB'rway from ,Jacksonville to Mia!"i,. Da~, as that R/W line is' shown on the plat.recprded in Pi~t Bt. 17, at. ?13-A.~of the public rllcords of Palm Beach County: thence along said W R/W line, S 070 01' 04. West,.a'distance'of 1~96.19 ft. to SW corner Parcel:~1 of said ICWW as shown in said plat .book and' page, for a point of' beginning for the' tract tlereip de.scribed, . From said point of,beginning run South 890 33' o~~ ~est, a di~tance of 363 ft. tOoilpoint; thenc!! N.01 01' 04w E, a distance. of 3:48 .ft.. to 'a point;t.hence N. 89 33' 02~ East, iI distance of.363 ft. t.o'an intersect.ion with W R/W lina: thence along sdd W R/W line, S 070 01' 04W W, a distance of 348 ft. t.o. pt. .of beginning; also: ;~cr tK>~ 2:" The W'ly prolongation of S,l~' of Tract No. I, hereinabove, descripe , to an'1ntFrs..cti~n.withE'lin.. of Federal Highway, also known a9 St.Rd.. Combined areas of Tracts 1 and 2 being 3.0 acres, more or less. TRACT NO. 3~ That portion of aforementioned R/W Parcel iI, embraced within the Nand S line9 of above described Tract No.1, when same are projected eastward, subject to rights and easement ~_~_~ parcel he.ld .by Jl,~.of America: containing 0';2~ A.more or less. TRACT'NOo'41 A portion of tho NE~ of the SE~ of Section 33, Town ship 4~ S., Range 43 E., Palm Beach County , Florida, adjoining and lying East of the ~ast.erly Right-otway Line of St.ate Road No.4, West of and adjOining TraG' NO.rl-..and .North-.of and ajoining Tract #7; said Tracts No.1 and 2 having been conveye~. py. Lanfranchi, Inc., to Soard 'of COIIlllliss1-oners...of. .FINO-On ..4-1203-9, and recorded April 14, 1939, . In Deed Book ~84. at page 420, of the.public records pi Palm Beach \'Cou~ty, ,more".particularly de,scribeo a~ ~o1~ow~: . .:'. . .Cooimence .a~.the 1/4 sect'fon'corner"on t.he ilne bet.ween aaidSections 33 and 34, for a point of reference. From said.point of reference run along', t.h.. .East and 'West. 1/4 section line 'through said Secti on 34, Nor~h 69 24' 40. E, a'distance of 155.91 ft. to an intersection with the .W r/w line of the' Intracoastal waterw~y from Jacksonville to Mla~, Florida, as that r/w line is shown on the plat recorded in P~at Book . ~ . 17,- at page 13-A; of t.he public- record:S'l)f"saio Pa!m"Beat:h County-:'- :'. : . t!1~nc:..- alo!,g~ said' West. Right-or-way ~11le,' Sou-t!1. .0=1 .: 01' 04~ w, a (:Iil!tanc,!~ : of 1196.19 ft. to the 50uthIWst corner of.wparc'el'Me. ':11w which. point.. .' . . ,is..lI\arkeif by, a coni::'r~te . monument': .thence S?uth' ~90 33."02w !leSt, 363..00' :: . I fe&t:'1:h~nc? North 01? 07' 04" E~st.,~l?l?:fee.t t.o th!l point. of'~egi~~~n.~; .Thence' ~rom'the point' of beginning above descrlbed~:South'89o 33' 02- West,'332..60 feet.to the Easterly'line'''oT t.he 66'foot:width right'oT '. way of' S~ate Road No. .4;: thence' ~ l~ng s a1 d. Easterly' .right-oI-:~ay: l~ne : .'North;04 .58' 52".East, .331.46 feet to a concret.e monument. marking' . ; the' NW. corner' of t.he '.tract. her!!!n' coiw,!!yed,: . the~c": Nort.!1. 890 33" '~2" : -. !=ast, a~~..o~ le'et. to a c?ncrete m?numen"j: mark1'ng' tl)e. Mortheas.t- co:z:ner' . .' of the, tract. lie rein conveyed; thence Sout.h 070' 07 ".04W: lias~, :332,87 : ,,:. ..' . feet. to the poi!\t.of'beginnlng, contai~lng' 2.~7.' ~cr!!~,'II\Or'e or }.e.s.s.:. '. . LESS AND EXCEPT: 'That port.ion of S 346' of N. 1183.25' of ~ of S~ of Sec.33, T.45S,R.43E, lying East of E R/W line of Stat.e Road 5. and within 50' E'ly of, measured at right angles to, Base llnepf.Survey of St.Rd.5, Section 9301-205. as shown on R/w Map of said road . and section recorded in State and Count.y Road Plat Book 2, P'.156-165 inclusive, P~ Beaoh County Public Records, containinQ 0.14 of an ~cre, more or less. 14 DRC\04-023-FF 4 April 26, 2005 VI.-CONSENT AGENDA ITEM C.16. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office 0 April 5,2005 0 April 19, 2005 0 May 3, 2005 0 May 17,2005 March 14,2005 (Noon.) o June 7, 2005 I:8J June 21, 2005 o July 5,2005 o July 19, 2005 May 16,2005 (Noon) April 4, 2005 (Noon) NATURE OF AGENDA ITEM o Administrative I:8J Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report June 6, 2005 (Noon) June 20, 2005 (Noon) ':.-') July 5, 2005 (Noon) <) --I '- ; --.-l--<' c.. -'-(C.- c:: ""q 0 ~.. Development Plans 0 New Business _J ~ "r-_ 0 Legal J::"'..!'1t '-'. ~.......{ -.:l.t.. 0 Unfinished Business I.C, ., 11c:J 0 -"., Presentation c') (JJ> ,'71n ::t: April 18,2005 (Noon) May 2,2005 (Noon) RECOMMENDATION: Please place this request on the June 21,2005 City Commission agenda under Consent, as a resolution to consider the request from Sprint Spectrum to assign ground lease interest and obligations to Global Signal Inc. and for certificate of estoppel (Ground lease for telecommunications tower at 3600 Miner Road. a.k.a. Water Storage Tank Site). Staff recommends that this request be approved thereby allowing Global Signal, Inc., to essentially replace Sprint as the tenant for the subject ground lease. For further information on the request, please refer to the accompanying resolution, correspondence from Sprint and Global Signal, and the ground lease agreement/estoppel certificate. EXPLANATION: Property for a telecommunications tower site has been leased by Sprint Spectrum at the Miner Road Site since 1996. The lease agreement, in part, establishes the annual fee for the property including inflationary increases, ensures that the lessee properly maintains the improvements, and requires the tenant to obtain city approval for collocations, tower modifications and assignments. Through an agreement between Sprint and Global Signal, Global Signal is assuming tower management responsibilities and will leaseback to Sprint tower space to maintain existing telecommunications antennae and equipment. Staffhas reviewed the estoppel certificate and ground lease agreement, and recommends that the corresponding resolution be approved thereby approving the subject request. This item has been forwarded on short notice in response to the offer of$10,000 from Global Signal if the agreement is signed and returned by June 24, 2005. PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: NIA NIA NIA City Manager's Signature ~/j C ~/ Planning and Zoni~;fi ector City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\SPECPROJ\TeleComm Towers\Agenda Item RequestSprint Gobel Signal Assgn (Water storage) 6-21-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. ROS- 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING EXECUTION OF AN AGREEMENT 7 REGARDING GROUND LEASE BETWEEN THE 8 CITY OF BOYNTON BEACH AND SPRINT 9 SPECTRUM, L.P., CONSENTING TO THE 10 ASSIGNMENT OF A GROUND LEASE INTEREST 11 AND OBLIGATIONS TO GLOBAL SIGNAL, INC., 12 FOR THE TELECOMMUNICATIONS TOWER 13 LOCATED AT 3600 MINOR ROAD AND PROVIDING 14 AN EFFECTIVE DATE. 15 16 WHEREAS, the City of Boynton Beach entered into a Lease Agreement and 17 Addendum for Telecommunication Tower Site with Sprint Spectrum L.P. ("Sprint"), 18 providing for the lease of public property located at 3600 Minor Road, Boynton Beach, 19 Florida for a telecommunications tower, said lease and addendum each dated October 30, 20 1996; and 21 WHEREAS, Sprint is requesting to assign the ground lease interest and obligations to 22 Global Signal, Inc., and for certificate of estopple; and 23 WHEREAS, staff has reviewed the request and recommends that the City consent to 24 the request thereby allowing Global Signal, Inc., to essentially replace Sprint as the tenant for 25 the subject ground lease. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 . being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission of the City of Boynton Beach, Florida does 32 hereby authorize execution of an Agreement Regarding Ground Lease between the City of 33 Boynton Beach and Sprint Spectrum L.P., consenting to the assignment of the ground lease 34 interest and obligations to Global Signal, Inc., and for certificate of estopple for the C,lDocuments and SeNings\pylejllocal SeNingslTempornry Internet FileslOlKC1E\Spnnl Assign to Global (Minor Road).doc 1 telecommunications tower located at 3600 Minor Road, Boynton Beach. Section 3. This Resolution shall take effect immediately upon passage. 2 3 4 PASSED AND ADOPTED this _ day of January, 2005. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATTEST: 23 24 25 26 City Clerk 27 28 29 30 C,\Documents and SetlingS\pylej\local Setlings\Tel'fllOrary Internel FileslOlKC1E\Spfint Assign 10 Global (Minor Road).doc ~ ~ SM global signal Meeting needs. Exceeding exp~ctations. June 9, 2005 Mike Rumpf P.O. 310 Boynton Beach, FL 33425 RE: Estoppel Certificate MI03XC076 & MI03XC072 Dear Mr. Rumpf: Enclosed for your review and signature, please find a revised Agreement Regarding Ground Lease. I have changed 3(a) from the original agreement as requested. In addition, upon the receipt of both agreements, signed and without any further modifications by June 24,2005 Global Signal will send the City ten thousand $10,000.00 For your convenience, we have enclosed a pre-addressed and pre-paid Federal Express envelope. Please execute the enclosed Agreement and forward the same using the enclosed envelope or mail to: Global Signal Inc. (Project CL-EST) 301 North Cattlemen Road Suite 300 Sarasota, Florida 34232 Should you have any additional questions, please do not hesitate to contact me directly at (941) 309-1624. Thank you for your cooperation with this matter. We look forward to working with you in the future. Sincerely, ~A~ James L. McKinstry Global Signal Inc. P: (941) 309-1624 F: (941) 309-1524 E: jmckinstry@gsignal.com I, 301 North Cattlemen Road. Sarasota, Fl. 34232.888.748.3482.941.364.8886. fax 941.364.8761 ~Sprint February 25, 2005 (-:) ::"1 -., r-J UY CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BLVD BOYNTON BEACH, R.. 33425 1'...) u::;; ?C: ....0 Re: Estoppel Certificate 3295-MI03XC076 Cl Dear CITY OF BOYNTON BEACH: Sprint is excited to announce that it has recently entered into an agreement with Global Signal whereby Global Signal will sublease from Sprint its interest in the Lease with you and will manage the existing tower on Sprint's behalf. Accordingly, Global Signal will assume Sprint's obligations under the Lease. In connection with this transaction, it is important that Landlord and Sprint make certain acknowledgments with respect to certain matters in the Lease by executing the estoppel certificate enclosed herewith. Sprint has approved the form of the enclosed estoppel. Global Signal is one of the largest wireless communication tower owners in the United States based on the number of towers owned. We are confident that both you and Sprint will benefit from Global Signal's very substantial experience in operating and managing communications towers. For your convenience, we have enclosed a pre-addressed and pre-paid Federal Express envelope. Please execute the enclosed estoppel and forward the same using the enclosed envelope or mail to: Global Signal Inc. (Project CL-EST), 301 North Cattlemen Road Suite 300, Sarasota, Florida 34232 within the next week. Please call Global Signal if you _need any assistance or have any questions regarding this matter. You can reach Global Signal's estoppel hot1ine by calJing (888) 748-3482, extension 3590. Sprint has authorized Global Signal to act on its behalf in this regard. Sprint thanks you in advance for your cooperation and prompt attention to this important matter and looks forward to continued good relations with you. Very truly yours, c- Z4~ !Enclosures (J 0-1 =i-< -<C> 0'1 1--' <:l'J r-;~::::> ~.:: -< ,.:-,",~ (J~ --t C> 0::-::: =~J~ r.)~ ['-)0 ::c Recording requested by and when recorded return to: Global Signal Inc. 301 North Cattleman Road Sarasota, FL 34232 Attn: General Counsel AGREEMENT REGARDING GROUND LEASE . THIS AGREEMENT REGARDING GROUND LEASE (this "Agreement") is made as of , 2005, between the party identified as "Landlord" on the signature page hereof and SPRINT SPECTRUM L.P., a Delaware limited partnership ("Tenant') RECIT ALS: A. Landlord and Tenant are now parties to that certain Lease Agreement for Telecommunications Tower Site dated August 13, 1996, a copy of which is annexed hereto as Exhibit A (the "~"), covering certain real property more particularly described on Exhibit A attached hereto (the "Propertv"); B. Pursuant to an agreement dated February 14,2005 by and among Tenant, certain subsidiaries of Ten ant and Global Signal. Inc., the Lease and the property related thereto (the "Premises") will be assigned to an affiliate of Tenant (''Tenant Affiliate"); and, after such assignment, the references to Tenant herein shall apply to Tenant Affiliate; C. Pursuant to a sublease (the "Sublease''), Tenant Affiliate will sublease its entire interest in the Lease to an affiliate of Global Signal ("Subtenant") in exchange for certain prepaid consideration and Subtenant will then leaseback to Tenant (and/or one or more of its affiliates) the portion of the leased premises on which Tenant's teleconnnunications equipment is currently located in exchange for certain ongoing payments (collectively, the "Lease and Lease Back Transactions"); D. Certain lenders (each, together with their successors and assigns, a "Lender") may make a loan to Subtenant or certain of its affiliates secured by a mortgage or other security instrument encumbering Subtenant's interest in the Sublease; and For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: CITY OF BOYNTON BEACH WATER (MI03XC076) (3295-FL).DOC 1. Consent. To the extent any such consent is required by the Lease, Landlord hereby consents (a) to the acquisition by Tenant Affiliate (or any affiliate thereof), directly or indirectly, of Tenant's interest in the Lease, (b) to the Sublease (and the recording of a memorandum of the Sublease) and (c) to the Lease and Lease Back Transaction. 2. Estoppel Certificate. Landlord certifies That (and Lender may .rely on such representations) the following statements are true as of the date hereof: (a) Tenant is the current tenant under the Lease (a full copy of which, including all amendments thereto, is annexed as Exhibit A), and the Lease is in full force and effect and contains the entire agreement between Landlord and Tenant with respect to the Property. Landlord is either the owner of the fee simple interest in the Property or the holder of a valid leasehold interest in the property and the person or entity signing on behalf of Landlord is authorized to do so and no other person or entity's signature is required to bind Landlord. (b) No default exists under the Lease on the part of Tenant, and, to Landlord's knowledge, no event or condition has occurred or exists which, with notice or the passage of time or both, would constitute a default by Tenant under the Lease. (c) No payments to Landlord are required under the Lease for the Lease and Lease Back Transactions or otherwise in connection with the above consents. 3. Agreement with Respect to the Lease and Sublease. Landlord hereby agrees with respect to the Lease as follows: ( a) Lender and Subtenant shall have all of the rights of Tenant under the Lease, including the right to exercise any renewal option(s) or purchase option(s) set forth in the Lease, and shall have the right to assign the Sublease subject to Landlord's consent, which shall not be unreasonably withheld, conditioned or delayed. (b) Landlord shall deliver to any Lender and Subtenant (in each case at such address as shall be designated in writing to Landlord) a copy of any default notice given by Landlord to Tenant Wlder the Lease. No default notice from Landlord to Tenant shall be deemed effective as against any Lender or Subtenant unless received by such Lender or Subtenant. (c) If Tenant defaults on any monetary obligations under the Lease, Landlord shall accept a cure thereof by any Lender or Subtenant within thirty (30) days after delivery of notice of such defaults. For non-monetary defaults, Landlord shall not tezminate the Lease for so long as a Lender or Subtenant is diligently pursuing a cure of the default, and if curing such non-monetary default requires possession of the Property, then Landlord agrees to give the Lender or Subtenant a reasonable time to obtain possession of the Property and to cure such default. (d) Landlord acknowledges none of Tenant or Tenant Affiliate may terminate, surrender or cancel the Lease except as provided in the Lease and may not amend the Lease in a manner that materially increases the liability or obligations of Tenant or Tenant Affiliate or decreases the rights of Tenant or Tenant Affiliate without the prior written consent of Lender. (e) If the Lease is terminated by Landlord for any reason, or otherwise rejected in bankruptcy, Landlord will enter into a new lease with either Lender or Subtenant on the same terms as the Lease, provided that all past due amounts under the Lease are paid to Landlord within 30 days of notice to Lender and Subtenant of such termination. 2 CITY OF BOYNTON BEACH WATER (MI03XC076)(3295-FL).DOC 4. Memorandum of Lease. To the extent the Lease or a memorandum thereof has not previously been recorded, this Agreement shall constitute a "memorandum of lease" under applicable State law and may be recorded in the applicable public records, the provisions of the Lease (with certain fInancial tenns redacted therefrom) being as set forth on Exhibit A annexed hereto and made a part hereof. 5. Notices. All notices sent to any Lender or Subtenant shall be in writing and sent by United States rnail postage prepaid or other reputable courier service at the following address: c/o Global Signal Inc., 301 North Cattleman Road, Suite 300, Sarasota, FL 34232, Attn: General Counsel; or to such other address as Lender or Subtenant shall have notified Landlord in writing. 6. Miscellaneous. (a) If this Agreement is inconsistent with the Lease, this Agreement shall control. (b) This Agreement shall be binding upon Landlord and its successors and shall benefit each of Lender and Subtenant and their respective successors and assigns'. (c) This Agreement may not be amended or modified except by a written agreement executed by Landlord, any Lender and Subtenant. This Agreement may be executed in any number of separate counterparts and all signatures need not be on the same counterpart. [SIGNATURE PAGES FOLLOW] 3 . CITY OF BOYNTON BEACH WATER (MI03XC076)(3295-FL).DOC TENANT IN WITNESS WHEREOF, the Wldersigned, by its duly elected officer(s) and pursuant to proper authority has duly executed, acknowledged and delivered this instnnnent as its true act and deed. SPRINT SPECTRUM L.P., a Delaware limited partnership By: Name; Title: CIlY OF BOYNTON BEACH WATER (Ml03XC076) (3295-FL).DOC EXHlBIT A Lease and Legal Description (see attached) CITY OF BOYNTON BEACH WATER (MI03XC076) (3295-FL).DOC ;"'1- . , - ~ ... . , (' (-. LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE 1:HIJ lEASE AGREEMENT (!he · Ag,OOl'lH>nI'), fna<le and entered into II1is !he . , daYof~byandbetWeei1: ". ,', .' , ..., '. C~ BOYNTON BEACH, FLORIDA' . a municipal corporation (Hereinafter referred to as .CITY") AND Sprint Spectrum. L P. A Delaware limited Partnership (Hereinafter referred to as -TENANr) WHEREAS, CfTY is the owner of a certain real property located at 3600 Miner Roatl. Boynton Beach, Aorida 33435, Palm Beach County, Florida; and . W.HEREAS, TENANT desires to lease a portion of ~id real property to construct, operate, andmaintalrl teieconimunications tower and" 5iJppo(t equipment; arid. WHEREAS, CITY staff has reviewed the request of TENANT and recommends that TENANT lease a portion of said real property; and WHEREAS, the City Commission concurs with the recommendation of staff and . deems it in the best. interest of the City.of Boynton Beach to lease a portion of said real property to TENANT; and WHEREAS. CfTY and TENANT have negotiated an understanding for the leasing of a portion of said real property; and WHEREAS, .ClTYand TENANT desire to red~ their understanding to Writing; now n.~~_.,.."':.." ,.., ',.,' .'. U~ClurtJ, K'1"~ -#...? ~ .fl.. f: I ~,. .- , : . r \ ( IN CONSIDERATION OF Ten ($10.00}bbtfats, in hand paid by TENANT to CIlY, as well as the mutual covenants hereinafter exchanged, the parties agree as follows: , SectiJ 1. ~EAL PROPER.TV TO liE LEASED # 1.0t CITY .shali ieasa to TENANT that~rtain 'P~~I of realpr~~rty, situated '. in Boynton Beach, Palm Beach County, Florida, together with a nonexclusive easement for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicles, including trucks, and for installation and maintenance of utility wires, cables:conduits and pipes over, under or along twenty (20') foot wide easement extending from nearest public right.of-way (more particularly desaibed in Exhibit A), which is Miner Road, to the leased property and right-of-way for access are hereinafter refer're<f to as the · Property" . The said Property is located at 3600 Miner Road, in the City of Boynton Beach. Section 2. DUTIES AND RESPONSJ8IUTIES OF TENANT 2.01 TENANT shall use the Property for the purpose of constructing, maiOtaining and operating a telecommunications tower and uses incidental thereto, consisting of a structure or structures, as necessary now or in the future, to house its telecommunications equipment. freestanding antenna support structure (pc;>le),not to e~ '50' ' (one ~~ fifty f~tl to, meetTENANT's t~IecornlTlQn~tioriS neEtds and' all necessarY Connecting appurtenances. TENANT upon the approval of CITY may' modify its antenna support structure and building(s); said approval shall not be unreasonably withheld by CITY. 2.02 TENANT shall place around the perimeter of the Property a security fence of chain-link construction, or similar but comparable construction. which meets the requirements of the Code of the City of Boynton Beach. 2.03 TENANT shall be respOnsible for soil borings and similar tests which may be required as a condition of construction and for all expenses related to its ~provements which, may ~reafter be constructed upon Property. . . 2.04 TENANT SharI mafntS;O'the property in a reaSOnable Condition and ~ , all requirements imposed by ordinances of the City of Boynton Beach and Pam Beach County, Florida. 2.05 The CITY also reserves the right to at any time during the lease, instaff or have,instatled other antennas for govemment usage on TENANT's tower. All antennas shall ~. placed at an elevation as to provide the most effective use and ~ such approval not unreasonably withheld; provided, however, the CITY"S or other antennas shall not interfere with TENANT'S operations on the Property. Should TENANT install an emergency generator on the Property. the CITY may access and connect only its ~ :U. l. ..i- .. r. r communications equipment to TENANt.S ~merg~ncy generator. - 2'06 TENANT shall furnish, to its unmanned equipment structure, electric or . telepho1e service for the operation of TENANT's telecommunications equipment. TENANt ~II be solely liable for electricity expens~, relating to its instal/Ertion and , 'eqUipment. , TENANT's ~lectrical s~rviC8 sflall be separ.atEiIy' ~etered; and TE~ . . shall be responsible for aU-Costs asSOciated with~eteriilg~ inCludinguthe cost of ' installing any meter. If TENANT should inSt~II any emergency generators at this Property, said generator shalf CQmply with Palm Beach County's Wellfield Protection Ordinance. 2.07 TENANT shall submit all required applications for pennits to the applicable CJTY and/or County departments for review and approval and required fees. 2.08 TENANT will be responsible for making any ~ssary returns for and paying any and all pr~perty.taxes separately levied or assessed against its improvements on the Property. TENANT shall reimburse CITY, as additional rent, its proportionate share of any increase in real estate taxes levied against the Property in exce.ss of the taxes due for the 1996 real estate taxes on the ~al property in which the ' ProPerty is a part and against TENANT's improvements by the taxing authorities. 2.09 TENANT, upon t~nation of this Agreeme~. shall. within a reasonable PeriOd, remove'jtS perSonal propertY andfiXtores and restore the property to its.original . condition, reasOnable Wear and tear exCepted. At CITY's oPtion, When this Agreemenf is terminated and upon CllY"s advance written notice to TENANT. TENANT will leave the foundation. the tower structure and security fence, to become property of CITY. TENANT shall pay rent at the then existing monthly rate or on the e.>dsting monthly pro rata basis. if based upon a longer payment term, until such time as the removal of perSonal property and fIXtures are completed. 2.10 TENANT shall keep the Property free from any liens arising out of any work performed, materials furnished, or obligations incurred by or for TENANT. TENANT shaH, within twenty (20) days following the imposition of any such lien, cause the sam~ to be re.leased of record by payment or posting of a proper bone!. No work ,which CITY permits TENANT fo-perform onfhe .Property shall be ~ed to be for.ttle . , Use aOd benefit 0; CITY, so thaf no rnec!lanlcs ,or ,other' lien .shall' be allowed against lIJe " estate of CIlY by reasop of its consent to such work: cnv shall haVe the right fu post notices that it is not resPonsible for payment for any such work. 2.11 CITY hereby grants TENANT as a primary inducement to the TENANT's entering into this Agre~ment. the first priority right to I05taJl its antennas and operate its telecommunications ~ at the Property. From time to time CITY may grant. to itself and to other entities. the right to operate telecommunications facilities at the Property andfor the right to install antennas in COMedion with the OPeration Of such facilities or other COrnmtMlicati()OS facilities; provided. however that CITY shall not aHow the ~ ~- ~: , '.1 r-. r, (". .' operation of such facilities and anteMas by other tenarjts to interfere with the operation of TENANT's antennas and equipment as it exists at the time of such other tenant's . installation or as it may be modified at any time during the term of this Agreement, as the sarrL may be extended. If any such interference occurs, CITY agrees to eliminate, if theac:ktitional equipment is operCited by the City, ~ or ~us~ ~, elimifV;ltion of, If such ~ipment. is op~tedby.athird party,suctJinteftererice' Wlth ,~NANt.s Operations: _. - within a reasonable tHrie .after' receipt of TENANT's notice' Of suCh 'interference and, if' necessary, to cause the interfering party to cease its operations. If such interference continues far more than thirty (30) days after TENANT's notice to CITY with respect to such interference, then TENANT shall have the right, in addition to its right to pursue any or all remedies available to it at law or in equity, to immediately terminate this Agreement by giving written notice to CfTY of such termination. The CITY hereby also agrees that the TENANT has no obligation or requirements to upgrade or modify the Tower to facilitate the use of the Tower for other entities which the CITY may au1horize. Any or all costs associated therewith, shall be borne by parties other than the TENANT. 2.12 CIlY hereby agrees that, if because of TENANT's operations on the Property any laws or regulations of the Federal Aviation Administration, Federal Communications Convnission or any other relevant governmental agency or body require or recommend that TENANT's antemas ancfIor the T~r be lit and/or marked, TENANT may install-and maintain such lighting and markings. In no event, hOwever. shafl TE~ be responsible for the installation ~ maintena~ of any lighting or . mai'kings reqUirEid by.ttle' operations' of CITY Or any otherten8rit in the TQWer. GfTY. . wilt permifTENANT acCeSs to alt portions of the T~r that TENANT may need .norder . to check and reptace such required or recommended lighting or marking. , Section 3. DUTIES AND RESPONSIBIUTlES OF CITY 3.01 CITY shatl cooperate with TENANT in its effort, to obtain certifICates; permits and other approvals that may be required by any federal, state or County authorities. 3.02 CITY shall grant TENANT the right to survey said property in order to meet requirements to submit the applications for permits. ~ . . . ." -" 3,.03 ClTYshail cooperate With TENANT in itS effort to obtain uti'ity'services' '. along said right-of-way, including signing sUch documents of easements 'itS may be required by any public utility is unable to use the aforementioned right--of-way, the CITY hereby agrees to grant an additional right-of-way, either to the TENANT or to public utility, at no cost to the TENANT. . Section 4. ACKNOWlEDGMENT 4.01 CITY and TENANT acknowledge that TENANT'S ability to use the ~ ;It" I.' ...Irf-. (- r Property is contingent upon TENANT obtaining, after the execution of this Agreement, all the certifICates, pennits and other approvals that are required by any federal. state and/or local authorities. In the event that any certifi~te . permit or approval issued to TENArIr is canceled, expires, lapses or is otherwise withdrawn or terminated by a governmental authority, so that TENANT is unable'louse said real pro~rty forits ., . 'intendedpurpOSe, .TENANT ~haUhave the.tighHotermi~atEnhis.Agreernent pursuant to'Seciion7~01.. .. .' ". " , " 4.02 Prior to the submittal of the application for the required building permit, TENANT shall have the right to perform or caused to be performed and shall' have corripefed an assessment of the Property and the adjacent areas in order to determine whether such are contaminated by hazardous substances or pollutants. If the assessment reveals the presence of hazardous substances or pollutants beyond levels acceptable to TENANT and under applicable environmental Jaws, TENANT shall have the right to tenninate this Agreement pursuant to Section 7.01. 4.03 CITY covenants that CITY has good and sufficient title and interest to the property and has full authority to enter into and execute this Agreement CITY further covenants that there are no other liens, judgements or impediments of title on the ProPerty. . SeCtion 5. TERM 'OF AGReEMENT 5.01 See Attached Addendum - Paragraph 2 - Rent 5.02 TENANT shall have the option to extend this Agreement for four (4) additional Five (5) year terms. Such extensions shall automatically occur unless TENANT gives written notice to the other party of its intention nollo extend this Agreement at least six (6) months prior to the end of the current term. 5.03 If. at the end of the final year extension term. this AQreement has not been terminated by TENANT giving to the other party written notice of Its intention to terminate at least six (6) months prior to the end of the term, this AQreement shall . remain.;n.forCe .and effe~ upon.the same cOvenanJs", termS. andcOnditiOlis: .'The . . .; Aoreement shall b8 fOr annual teims thereafter Unless termInated by eithefPariY hy. " gJving the other party written notice of its intention to terminate at least six (6) months prior to the end of the term. . section 6. CONSfDERA TION 6.01 See attached addendum . paragraph 2 _ Rent 6.01 (a) Services Provided to the City. ~ If., I; I>'f.. r (- 6.03 See attached Addendum, Paragraph 3 - CPt 6.04 This is a net-net-net lease and TENANT shall pay all sales taxes, real estate taxes assessed against TENANT'S property. utility charges, cost of maintenance, and all other charges and expenses associated with the tenant's use of the demised premises of this Lease. Section 7. TERMINATION 7.01 The TENANT may terminate this Agreement by providing a ten (10) calendar day written .notice prior to the effective term~nat~n date. 7.02 Prior t~ ih~- end of eac., five (5) year terin, -rENANT may tenTiinate' this .' Agreement by providing written notice to the COY at least six (6) months prior to the end of the current term. 7.03 Should TENANT default under any of the terms of this Agreement, CITY may terminate this Agreement for cause by providing a sixty (60) day written notice to TENANT; however, TENANT shall be given the opportunity to correct any default within thirty (30) calendar days of receipt of written notice. This Agreement shall not be tenninated if such default is of a nature that it cannot be cured in thirty (30) calendar days and TENANT is diligently proceeding to cure such defect. : 7.04 'n. the. ~Yent of termination. of ~s Agreement by TENANl', all rentalfees '.' paid Prior to said termination daie shall be r.8ined .bythe CITY. . _ .: .' 7.05 Upon termination,. TENANT shall offer CITY farst option to purchase said il9tenna structure and certain remaining improvements for the agreed upon sum of One Hundred ($100.00) Dolfars. CI1Y shall have ninety (90) calendar days from the effective date of termination in which to exercise this option. Section 8. INDEMNIFICATION 6.01 General Indemnification: TENANT agrees to Indemnify, save and hold ~ .."., ": ..e). ; . t" r (~ \, hannless and defend CITY, its City Commission members, officers, agents and employees, from any and all claims, damages, liability, losses, causes of action of any nature whatsoever, which may arise out of. in coMection with or because of the use and oc4Jpancy of the property by TENANT or its officers, agents, emplOyees or indepeddent contractors under this Agreement or the breach of this Agreement by ,TENANT.PlIrSuantto its liability, TENANT shall pay.all.Claims, J~es,lierisOt: '..,' ' . settlements or judgments,' of any natUre WhatSOever; · in connection thereWith including, " but not limited to, paralegal fees, attorney's fees and costs to defend all claims or suits. including attomey;s fees on appeal, in the name of CITY when applicable, and shall pay all cost .and Judgments which may issue thereOn at both the bial and appellate levels. 'Such Indemnification shall not be limited to the amount of comprehensive . general liability insurance which TENANT is required to obtain under this Agreement This indemnity shall not apply to any claims arising from an act of gross negligence or intentional misconduct of the indemnified party. 8.02 Nothing contained herein is intended nor shall be construed to waive CITY'S rights from immunities under the common law or Florida Statutes, 768.28, as amended from time to time. Section 9. INSURANCE 9.01 TENJ\NT maintains a risk management program which provides for . cornp(eh8~ive QeneralliabiJity,properly in~Urai1ce: and workers"~nsauQn. " Verification of said program has been submitted to the CITY'S.Risk Management. ' Coordinator. The CITY shall receive a thirty (3D) calendar day written notice in event of any change in the current program having an effect upon the breadth of coverage with respect to 'imitations and any variance with respect to limits of liability, if less than thoSe Indicated in the program submItted to the CITY'S Risk Manager. 9.02 UPON EXECUTION OF THIS AGREEMENT BY TENANT, THE CITY OF BOYNTON BEACH SHALL BE NAMED AS AN AOOmONAlINSURED f!.S ITS INTEREST MAY APPEAR WITH RESPECT TO THE REQUIRED COVERAGES AND :THE OPERATIONS OF TENANT UNDER THE AGREEMENT. ..., . . Section 10. ASSIGN/ltfENT .. . +.. . o. 10.01 'This A9reement may not be sold, sUbleased: aSSigOed or tranSterrild at any time except to TENANT's principal. affiliates or subsidiaries or its principal, or to any company upon which TENANT is merged or consolidated. As to other parties, this AQreement may not be sold, subleased, assigned or transferred without the written consent of the CllY; such consent shall not be unreasonably withheld. This provision wjJ' not preclude TENANT from allowing other parties to co-Iocate on the Property to Tower, so long as this Agreement is In effect, the City consents in writing, and the co-- located equipment does not interfere with existing equipment ~ f ..;~_:.. .. --; ~. l.~ .....i.... , . r { /- I Section 11. COMPlIANCE WITH LAWS. 1:f .01 TENANT shall comply with all statutes, laws, ordinances,' rules, regu. l,ati'nS an. d lavn. ul orders. of the U. nited States of Ameri.ca, State of FIOri.d a, City of ,Ooynt04 Beach, Palm Beach C()unty, and of any other pubJicautnority whia, may b~ .. 'applicable.'. ". ". . ,.' . , Section 12. GOVERNING LAW; VENUE' 12.01 The validity, construction and effect of this Agreement Shall be governed by the laws of the State of Florida. 12.02 Any claim, objeCtion or dispute arising out of the tenns of this Agreement shall be litigated in the Fifteenth JudiciarCireuit in and for Palm' BeaCh CoUnty, Florida Section 13. INSOLVENCY 13.01 In the event that either party shall become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for its bUsiness or its assets or shall avail itself of, or become subject to, any proceeding under the federal Bankruptcy Act or any other statute of any state relating to insolvency . Of. the protection of rights of Creditors, or ~come subject to rehabil~at~ then, at the oPtion of the other ~rty and im~diately up9n written' notICe, thIs Agreement shall' . . termiriateand be of no. further force and effect. " ., . Section 14. ENTIRE AGREEMENT 14.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof, supef$eding all prior comlTU1fcati()fl between the parties, whether oral or written. This Agreement may not be ahered, amended, modified or otherwise changed nor may any of the terms hereof be waiVed, except by a written instrument executed by both parties. The faifure of a party to seek redress for violatJon of or to insist on strict performance of any of the covenants of this Agreement shalf not be construed as a waiver or relinquishment for the future of any covenant. term, .' .: C9r1dition or. election.. but, the saine shall continue ~ remain. in,fu~,f~. ~n~ eff~~ , .' 'Section 15. SEVERABILITY 15.01 Should any Part. term or provision of this Agreement be by the courts decided to be invalid, iIlegaf or in conflict with any law of this 'State. the validity of the remaining to be invalid, illegal or in conflict with any Jaws of this State, the validity of the remaining to portions or provisions shall not be affected thereby. Section 16. NOTICeS ~ .... ,'. ~1~' . '. (' (- 16.01 All notices or other communications required by this Agreement shall be in writing and deemed delivered upon maifing by certified mail. return receipt requested, to the following persons and addresses: .. f. CITY; CilYMaoager . ,City of Boynton Beach . P'.O;Box 310 Boynton Beach, Florida 33068 WITH COpy TO: James A Charof. City Attorney Joslas, Goren, Cherof. Doody & Ezrol. P.A 3099 East Commercia) Boulevard, Suite 200 Fort Lauderdale, Florida 33308 TENANT: Splint Spectruc. loP., a, DeJware limited Partnership WITH COpy TO: Mastrina/Ctvistiansen Attorneys allaw 27SO North Fed.eral Highway . Fl . ~auderdale, Fl33306 Section 17. OTHER PROVISIONS 17.01 Should the CITY, at any lime during the term oflhis Agreement, decide to sell all or part of the Property to a purchaser other than TENANT. such sale shall be under and subject to this Agreement and TENANT's rights hereunder, and any sale by the CITY of the portion of this Property underlying the right-of-way herein granted shaff be under and subject to the right of the TENANT in and to SUCh right-of-way. 17.02 If the whole of the Property, or such portion thereof as will make the Property unusable for the purposes herein leased, are condemned by any' ~egally '. ~t4ed.~t,ltt)prityfor anywbJic:l,Ise or purpose~ then in either of said event$.~ '. 'term het~y .g~nted sooil ce~s~' ftom the. time wt:len PbS$ession ~erePf is .faJ<8p by' .' public authorities, and rental shall be accounted for as between CITY and TENANT as of that date. Any lesser condemnation shall in no way affect the respective rights and obflBations of CIlY and TENANT hereunder. NOthing .rithis provision sha,r be construed to limit or affect TENANT's right to an award of compensation of any eminent domain proceeding for the taking of TENANT's leasehofd interest hereunder. 17.03 City covenants that TENANT, on paying the rent and performing the covenants, shaff peaceably and quietly have, hold and enjoy the Property. ~ - -.. ~ -. - ---. . . '<11'.1. . .......... ,,~ ~ (' C' 17.04 Attorneys' Fees. If any party obtains a judgement against any other party by reason of breach of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs. including paralegal costs, at both the trial and eppella' levels. J . , . . Section' 18.' PUBUC RECORDS 18.01 CITY and TENANT agree that a copy of this Agreement shan be recorded in the Public Records of Palm Beach County, Florida, upon execution of this Agreement. The Cost for recordation shall be paid by the TENANT. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year farst above writter:'- ATTEST: CITY OF BOYNTON BEACH, FL ~/::f~#~~~, Approv~ as tc? Form: Mayor 2!~~wL- State of Florida County of Palm Beach The foregoing instrument was acknowfedged before me. the undersigned Notary Public in and for the State of Florida. on this. the (ptJ. day o~. 1996. by . . G~d Taylor. ~SUb~~9. City Clerk and Mayor. respectively. . . , " :.. f~l.a'1~~"+ '. . , " .__ ~ "'- ".... if~ I, .1 . ' (' (- "'-;:. , NOTAR" PUBLIC SEAL of OFFICE aMJl /i}~ t#~A(d Notary PulIIic. Slate fit FIarId. , . "!A:G}. . 'IIV\V~=~. ..: . .~.,' 1lIgust$.1tt1. '. '. , . .; '1CIMlED......._~ic; Printed, typed or stamped name of Notary Public exactly as commissioned Individuals who signed are personally known: no identification produced TENANT ........ .... ..........- ..... .. .. . - . .. .. .. . .~:.:-:-:. .. .. .. . . . .. . . .. .. - .. ... ......". .. .. ..... ............ .................... . .. .. .. .. .. .. .. .. . .. .. . .-. . .. .. .. . .. .. .. . .. (print -) >;!If(/f.' / ACh...\l~,_,_ (pint rJ-,) ..eGS Sfl\l.J' S ~e(ty("rY\ l-. P. ~~ Ttfle: E...>S' 'V. O~Sa ~..le.ec:'/..L ' AlteStedby: "\)1-._ ~~~. , TItle: )>-ILDrA~ .sd'~ _ t' o-(.a.s-#- STATE OF FLORIDA ) COUNTY OF PafA. Bbd~T ) ~~ I HEREBY CERTIFY that on this S:TD= day of D ~hd... :x,. .,qql_ before me personaDy appeared ~~ .J;'...) L. L.i-f/-e.. of PCS, to me personally known to be the eNS_ of. o,~. :D~ ~.:lcIC... .' "',-. .. .' r- /'" '. individual who executed the foregoing instrument and acknowledged before me thai he executed the same for the purpOses therein expressed on behalf of PCS. ~t!~nd ofIi~'~ of this J.p. day of . ... . .. . . J\).4- JJ..--<.,J,~~_ Notary PubIk: 0: , ;;P~IJ,.j.j ryp -) lP"'- My Commission Expires: ,lll/i).,ooo ~&Y"l.ft.. DEBRA ANN STEPPE 900182 II: ~ CONMISSlON # CC 524148 ~Ir b.6 EXrIAES JAN 11, 2000 Tower.1se 'lfClF~ ReV. 5122/96 6/4/96 ; ,~ . -~ t - (' ~,,~ ......m.~.... :1.,.. _"IS _ '-"- _ DII t'IWSJaD or,.,........... .....-.... nDIJt...,.. "An.. n.a.DA. ~'"" 1'0 'taft e,",", tIP ..,........ ......,... 1tI...~ . c......,.. .",y ah.~ .....J ft.cAIr:. - - ~; .. =:~J~4.tr~~:,1.::::.:' ~m:.::='-" · --... 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Cl'tarT7 elU. ..... W.. 1",,-'111 .. 21.... )e. !cdv,an. .-I a.a,. 1.14:.1'".. 1.), ..... .... u..u... 2 . :Os. f.! L.'. :r:. 2"7 _-" .1_. e-..tr--l p..,. 1:- 1: I" . _.._. -..:..~ .:_: ./_0 ~ ~ ,'." ;. .' . IJ:.J;'" r f '. (. ~_..., . - --.'(.....~. .. ,#-.- - ..... ....... ..;.:-".....:"1;_:_.. ..roto ..G79 . AS'I'OAtLLulIIl.... __.._,,~..._ ~_ __.... ",......... --$:......-.---"'..----........ - _IM_ __...___~...._.._........__ ......- .........---..........----.......--- ........--..-..-"..-_ .u__.._ .&I'I'OAtLLUIM_"_____..,,.. ~"'Io _ _ 1M _ '" ~_ ----.."....-...... -- .....--- -...-..." ----...._~--_..- .....---........-- -1MIt...tI___ . 'I'OIU~.,.........-_...~_.......~-.-DL- ~~--....._'" ~...- '. 'pI"-b.~~~.:f=-"'''.::.t=r...~,=~-=~~ . ~~~.. - III - ............. _.. .. ~... .. C--. Of " '.~~....,.., ~"F" Mr. .~. ~.... .!~, - CIP ft, ..........,;. / .......- ~' . :::.....~.~..- ..-.:.--;",r.~~ ~~l:.; .,. - - --.-.. ..,;;;",.------- = :.1--:-::--=-=--..;....-.- . ...---~~.A u ~ ." ... -It A...I ....-n::Jl!.. ..__ -----...... --- --.....--- '- . .- --\:. ./"";.-:._~.....u .. - ~~.......,.._. .....- ......-. ..:-:.'.- . ) 'lIkU -- -... '-' .,~ '.; ~ \ , ~ / U - I: ~ll'~ . , ': ~ ADDENDUM TO PCS SITE AGREEMENT Site Name: CITY OF BOYNTON BEACH Site ID: MIA 9504 ..~~~~.~~~~T~(3~OMinerRoad.BoyntonB~C:h.FL3J436)' ,_'.'_. ,.". , '., TInS- ADDENPUM modifies and airiends the }>>CS Site ~t referred to herein IS foDows:,' 1. Personal Property, Real Estate and Intangible Taxes: SSLP will pay'aD personal property and intangible taxeS levied or assessed on the PCS system. SSLP will pay any increase in Owner's real estate taxes directly attn"butable to the PCS installation. 2. Rent: Notwithstanding anything to the contrary contained herein, rent wiD commence OIl the Rent stait Date. Rent will be paid annually in advance on the Rent Stut Date and on caclt anniversary of it. The Rent Start Date shall be the earlier of (a) the date which is 30 days after the issuance of a building permit tor instaUation of the pcs. or (b) the first day of the month foDowing commencement ofphysicaJ preparation of the Site. ~ annual rent wiD be $12.500. partial years to be pro-rated. 2.a Upon the issuance of a Certificate of Occupancy by CITY for TENANTs Communications Facility, TENANT shall in lieu of making the payment of rent for the Initial five year ternus provided hereinabove.. TENANT shall pay to CITY a ooe time lump sum payment of SEVENTY- FIVE mOUSAND AND NOllOO ($15,000) DOlLARS. This lump sum payment shaD constitute the ~vance rentalpa}rment 'by TENANT for the initial five year lease tenn. ' 3. CPI: The annual rent for each Renewal TenD will be the annual rent in effect for the final year oftbe Initial Term or prior Renewal Term, as the case may be, increased by an amount based upon the cumulative percent increase of the CPI (Consumer Price Index - U.S. City Averages for Urban Wage Earners and Clerical Workers - 1982-84 - lOa, published by the United States Department of Labor. Bureau of Labor Statistics (or reasonable equivalent index if such index is discontinued)) between the commencement of the Initial Term and the end of the Initial Term. or the commencement and end of the Renewal Term. as the ~ may be, such increase not to exceed 20 percent in any case. 4. Addendmn Conttols: In the ,event ofa conflict between PCS Site Agreement and this Addendum, this Addendum shall control ". . '. . ." . -. ." .' ' ", ~~ __ ,'.res ~_ ~ ui~: . An t~,and con.ditlonsofthe pes' ~ite' Agreement ~ . and Extn"bits ,thereto which are not inconsistent herewith remain in full force and 'efrCct. - OWNER: CITY OF BOYNTON BEACH. FLORIDA BY: SSffax No. 59 2 100 East Boynton Beach oulevard Boynton Beach. Florida 1J-r ,/ DATE: fJ / f&;; I } ~ - VI.-CONSENT AGENDA ITEM C.17 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Comrnission Date Final Form Must be Turned Requested City Comrnission Meeting Dates in to City Clerk's Office Meeting Dates D April 5,2005 March 14,2005 (Noon.) D June 7, 2005 D April 19, 2005 April 4, 2005 (Noon) I:8J June 21, 2005 D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 D May 17,2005 May 2, 2005 (Noon) D July 19,2005 Date Final Form Must be Turned in to City Clerk's Office May 16, 2005 (Noon) June 6, 2005 (Noon) June 20, 2005 (Noon) July 5, 2005 (Noon) C.,, -~ ... ,.') C)---; -~:; --< ~~-:: ", ., :"1 ~-'r'.' D Administrative D Development Plans _1 NATURE OF I:8J Consent Agenda D New Business ~I AGENDA ITEM D Public Hearing D Legal -.... D D Unfmished Business \L; Bids D Announcement D Presentation 0', D City Manager's Report '.-.j ~'.; =~' ') --t \__! '1 1iCC -- rrl c;..",> iTln ::c RECOMMENDATION: Please place this request on the June 21, 2005 City Commission agenda under Consent, as a resolution to consider the request from Sprint Spectrum to assign ground lease interest and obligations to Global Signal Inc. and for certificate of estoppel (Ground lease for telecommunications tower at 222 NE 9th Ave. a.k.a. Public Works Compound). Staff recommends that this request be approved thereby allowing Global Signal, Inc., to essentially replace Sprint as the tenant for the subject ground lease. For further information on the request, please refer to the accompanying resolution, correspondence from Sprint and Global Signal, and the ground lease agreement/estoppel certificate. EXPLANATION: Property for a telecommunications tower site has been leased by Sprint Spectrum at the Public Works Compound on NE 9th Avenue since 1996. The lease agreement, in part, establishes the annual fee for the property including inflationary increases, ensures that the lessee properly maintains the improvements, and requires the tenant to obtain city approval for collocations, tower modifications and assignments. Through an agreement between Sprint and Global Signal, Global Signal is assuming tower management responsibilities and will leaseback to Sprint tower space to maintain existing telecommunications antennae and equipment. Staff has reviewed the estoppel certificate and ground lease agreement, and recommends that the corresponding resolution be approved thereby approving the subject request. This item has been forwarded on short notice in response to the offer of $1 0,000 from Global Signal if the agreement is signed and returned by June 24, 2005. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: NIA NIA NIA City Manager's Signature ~7'~ Planning and ZoninlD ector City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\SPECPROJ\TeleComm Towers\Agenda Item Request Sprint Gobel Signal.DPW Compound 6-21-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. ROS- 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING EXECUTION OF AN AGREEMENT 7 REGARDING GROUND LEASE BETWEEN THE 8 CITY OF BOYNTON BEACH AND SPRINT 9 SPECTRUM, L.P., CONSENTING TO THE 10 ASSIGNMENT OF A GROUND LEASE INTEREST 11 AND OBLIGATIONS TO GLOBAL SIGNAL, INC., 12 FOR THE TELECOMMUNICATIONS TOWER 13 LOCATED AT 222 N.E. 9TH AVE AND PROVIDING 14 AN EFFECTIVE DATE. 15 16 WHEREAS, the City of Boynton Beach entered into a Lease Agreement and , 17 Addendum for Telecommunication Tower Site with Sprint Spectrum L.P. ("Sprint"), 18 providing for the lease of public property located at 222 N.E. 9th Avenue, Boynton Beach, 19 Florida for a telecommunications tower, said lease and addendum each dated October 30, 20 1996; and 21 WHEREAS, Sprint is requesting to assign the ground lease interest and obligations to 22 Global Signal, Inc., and for certificate of estopple; and 23 WHEREAS, staff has reviewed the request and recommends that the City consent to 24 the request thereby allowing Global Signal, Inc., to essentially replace Sprint as the tenant for 25 the subject ground lease. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof 31 Section 2. The City Commission of the City of Boynton Beach, Florida does 32 hereby authorize execution of an Agreement Regarding Ground Lease between the City of 33 Boynton Beach and Sprint Spectrum L.P., consenting to the assignment of the ground lease 34 interest and obligations to Global Signal, Inc., and for certificate of estopple' for the C:lDocumentsand Settingslpytej\local Settings\Temporary Internet FileslOlKC1EISprtnt Assign to Global {PW Con1:>ound).doc 1 telecommunications tower located at 222 N .E. 9th Avenue, Boynton Beach. 2 Section 3. This Resolution shall take effect immediately upon passage. 3 4 PASSED AND ADOPTED this _ day of January, 2005. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATTEST: 23 24 25 26 City Clerk 27 28 29 30 C:\Documents and Settingslpyle.j\local SettingslTemporary Internet FileslOlKC1EISprinl Assign to Global (PW ConllOund).doc .. Ie) "' SM I signal ~:~ Meeting needs. Exceeding expectations. June 9, 2005 Mike Rumpf P.O. 310 Boynton Beach, FL 33425 RE: Estoppel Certificate MI03XC076 & MI03XC072 Dear Mr. Rumpf Enclosed for your review and signature, please find a revised Agreement Regarding Ground Lease. I have changed 3(a) from the original agreement as requested. In addition, upon the receipt of both agreements, signed and without any further modifications by June 24, 2005 Global Signal will send the City ten thousand $10,000.00 For your convenience, we have enclosed a pre-addressed and pre-paid Federal Express envelope. Please execute the enclosed Agreement and forward the same using the enclosed envelope or mail to: Global Signal Inc. (Project CL-EST) 301 North Cattlemen Road Suite 300 Sarasota, Florida 34232 Should you have any additional questions, please do not hesitate to contact me directly at (941) 309-1624. Thank you for your cooperation with this matter. We look forward to working with you in the future. Sincerely, James L. McKinstry Global Signal Inc. P: (941) 309-1624 F: (941) 309-1524 E: jmckinstry@gsignal.com " ~~~ i~ 301 North Cattlemen Road. Sarasota. Fl. 34232.888.748.3482.941.364.8886. fax 941.364.8761 ~Sprint February 25, 2005 CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33425 Re: Estoppel Certificate 3295-MI03XC076 Dear CITY OF BOYNTON BEACH: Sprint is excited to announce that it has recently entered into an agreement with Global Signal whereby Global Signal wilJ sublease from Sprint its interest in the Lease with you and wilJ manage the existing tower on Sprint's behalf. Accordingly, Global Signal will assume Sprint's obligations under the Lease. In connection with this transaction, it is important that Landlord and Sprint make certain acknowledgments with respect to certain matters in the Lease by executing the estoppel certificate enclosed herewith. Sprint has approved the form of the enclosed estoppel. Global Signal is one of the largest wireless communication tower owners in the United States based on the number of towers owned. We are confident that both you and Sprint wilJ , benefit from Global Signal's very substantial experience in operating and managing communications towers. For your convenience, we have enclosed a pre-addressed and pre-paid Federal Express envelope. Please execute the enclosed estoppel and forward the same using the enclosed envelope or mail to: Global Signal Inc. (Project CL-EST), 301 North Cattlemen Road Suite 300, Sarasota, Florida 34232 within the next week. Please call Global Signal if you need any assistance or have any questions regarding this matter. You can reach Global Signal's estoppel hotline by calling (888) 748-3482, extension 3590. Sprint has authorized Global Signal to act on its behalf in this regard. Sprint thanks you in advance for your cooperation and prompt attention to this important matter and looks forward to continued good relations with you. Very truly yours, !Enclosures (-'~j , ,,"j ., p, tJJ f',-) \..L) ~~ \0 c' (J ("J --I -{-< -.:e> C) -<1 ,"-' CtJ ,," .::::> ;:~~,-< --~"'Z c;~6 :-:;-": .,~ ~ .,~. \.I'.J -,':m r:.; ;,; ::c , Recording requested b): 'and when recorded retum:to: ' ,Global Signal Inc. , 301 North cattleman.Road , Suite 300 Sarasota, FL 34232 A ttn: General Counsel AGREEMENTREGAROlNG GROUND LEASE, . . ." .. . THIS AGREEMENT REGARDING GROUNl)" LE.4.SE (this" Al!reenlentn) is madCas of' , ; 2005; between the party identified as "Landlord" on the signature page hereof and . SPRNT SPECTRUM~ LP., a Delaware limited partnership ("Tenant). RE C I tAL S: ,. . .' , .A. " LatKllotd and Tenant are now parties' to that certain. pes SITE AGREEMENT. .. ' dated August 6, ,1996, a copy of which is a.nnexed hereto as Exhibit A (the "Lease"), co"'ering certain real ," , property more partkularly described on Exhibit A attached hereto (the "PropertY'); . . . ... . ',',' ,,' ' ... B. "Pursuantfoa.n agreemenfdaie-dFebruary 14,2005 by and among Tenant, certain ' , subsidiarieS ofT eilant and Global Signal, Inc., the Le.ase and the property related thereto (the "PreDri8es~) ..'" "',,,ill he assigned to an affiliate of Tenant ('<Tenant A.tTlliafe''); and, after such assignment. the references' '..' to Tenant herein shaH apply to Tenant Affiliate; . . . .... . . , . C. " ]>Ursuant toa su'biease (the <'Subleaslt)~ Tenant Affi)i8te 'win Sublease imeirtire," ',' ' ,interest'inthe. Lease to an affiliate of Global Signal ("Subtenant") in. exchange for certain prepaid:.. , consideration and Subtenant will then leaseback to Tenant (and/or one OT m!)Te of its affiliates) the .portion ' oillie leased premises on which Tenant's tele.communications equipment is currently located in exchange. for certain ongoing pa)'lnents (coJlectively, the "Leasealld Lease Baek TraDsae'lioDs"); . ,.. D... ., Ceriairilenckrs (each~ togetber'\-vi1hthcitS1icCessors 8iid'assigns,"a. "L~ii~"';;r . . , "may make a loanto$ubtenant or certain of its affiliates secured by a mortgage or other security... , , '. instrumerit encumberirigSubtenant's interest in the Sublease; and . '. " , ' , ,". 'For: good'. and ,'valillibl~ consideration,' the receipt and ' sufflcleoc)' of which ate' hereby., . .. .. acknowJedged;fhe parties hereby agree as foHows: ' " . ' ... .'". . ,BOYNTON PUBLIC WORKS COMPOUND (MI01XC012XJi9.l';FL):OOC., 1. Consent. To the extent any such consent is required by the Lease, Landlord hereby consents (a) to the acquisition by Tenant Affiliate (or any affiliate thereof), directly or indirectly, of Tenant's interest in the Lease, (b) to the Sublease (and the recording of a memorandum of the Sublease) and (c) to the Lease and Lease Back Transaction. 2. Estoppel Certificate. Landlord certifies that (and Lender may rely on such representations) the following statements are true as of the date hereof: (a) Tenant is the current tenant under the Lease (a full copy of which, including all amendments thereto, is annexed as Exhibit A), and the Lease is in full force and effect and contains the entire agreement between Landlord and Tenant with respect to the Property. Landlord is either the owner of the fee simple interest in the Property or the holder of a valid leasehold interest in the property and the person or entity signing on behalf of Landlord is authorized to do so and no other person or entity's signature is required to bind Landlord. (b) No default exists under the Lease on the part of Tenant, and, to Landlord's knowledge, no event or condition has occurred or exists which, with notice or the passage of time or both, would constitute a default by Tenant under the Lease. (c) No payments to Landlord are required under the Lease for the Lease and Lease Back Transactions or otherwise in connection with the above consents. 3. Agreement with Respect to the Lease and Sublease. Landlord hereby agrees with respect to the Lease as follows: (a) Lender and Subtenant shall have all of the rights of Tenant under the Lease, including the right to exercise any renewal option(s) or purchase option(s) set forth in the Lease, and shall have the right to assign the Sublease subject to Landlord's consent, which shall not be unreasonably withheld, conditioned or delayed. (b) Landlord shall deliver to any Lender and Subtenant (in each case at such address as shall be designated in writing to Landlord) a copy of any default notice given by Landlord to Tenant under the Lease. No default notice from Landlord to Tenant shall be deemed effective as against any Lender or Subtenant unless received by such Lender or Subtenant. (c) If Tenant defaults on any monetary obligations under the Lease, Landlord shall accept a cure thereof by any Lender or Subtenant within thirty (30) days after delivery of notice of such defaults. For non-monetary defaults, Landlord shall not terminate the Lease for so long as a Lender or Subtenant is diligently pUrsuing a cure of the default, and if curing such non-monetary default requires possession of the Property, then Landlord agrees to give the Lender or Subtenant a reasonable time to obtain possession of the Property and to cure such default. (d) Landlord acknowledges none of Tenant or Tenant Affiliate may terminate, surrender or cancel the Lease except as provided in the Lease and may not amend the Lease in a manner that materially increases the liability or obligations of Tenant or Tenant Affiliate or decreases the rights of Tenant or Tenant Affiliate without the prior written consent of Lender. (e) If the Lease is terminated by Landlord for any reason, or otherwise rejected in bankruptcy, Landlord will enter into a new lease with either Lender or Subtenant on the same terms as the Lease, provided that all past due amounts under the Lease are paid to Landlord within 30 days of notice to Lender and Subtenant of such termination. 2 BOYNTON PUBUC WORKS COMPOUND (MI03XC072)(3291-FL).DOC 4. Memorandum of Lease. To the extent the Lease or a memorandum thereof has not previously been recorded, this Agreement shall constitute a "memorandum of lease" under applicable State law and may be recorded in the applicable public records, the provisions of the Lease (with certain fmancial tenns redacted therefrom) being as set forth on Exhibit A annexed hereto and made a part hereof. 5. Notices. All notices sent to any Lender or Subtenant shall be in writing and sent by United States mail postage prepaid or other reputable courier service at the following address: c/o Global Signal Inc., 301 North Cattleman Road, Suite 300, Sarasota, FL 34232, Attn: General Counsel; or to such other address as Lender or Subtenant shall have notified Landlord in writing. 6. ' Miscellaneous. (a) If this Agreement is inconsistent with the Lease, this Agreement shall control. (b) This Agreement shall be binding upon Landlord and its successors and shall benefit each of Lender and Subtenant and their respective successors and assignS. ( c) This Agreement may not be amended or modified except by a written agreement executed by Landlord, any Lender and Subtenant. This Agreement may be executed in any number of separate counterparts and all signatures need not be on the same counterpart. [SIGNATURE PAGES FOLLOW] 3 BOYNTON PUBUC WORKS COMPOUND (MI03XC072)(3291-FL).DOC TENANt " , . , . . . - . , . . , ' , , . . . .' .. 'INWITNESS WHEREOF, the undersigned, by its duly ele.c'tedoffic'eT(s) and pursuant to proper authority has duly e.xecuted. acknowledged and delivered this instrument as its true act and deed. SPRINT SPECTRUM, CP., . a Delaware limited partnership' I /. I" ' By:, .. Name: Title: -v .. .... '. - ' BOYNTON PUB(IC WORKS CbM-POUND (Ml03XC072)(3291~ftj.00c' LAl'inl.ORD IN.WITNESS WHEREOF, the undersigned has duly executed, acknowledged arid delivered this' instnunent as of the day and year above "Tinen. LANDLORD: CITY OF BOYNTON BEACH FLORIDA I ! I i Sv. ~ .. . i Name: ! Title: I. , , , i , I f \ . t' BOYNtON PUBLIC WORKS CoMPOUNt) (1vli03XC072)(329r-FL).DOC' EXHlBIT A LeaSe and Legal Description , {see attac.hed) . , " BOTh"TON PlJBUC WORKS COMPOUl\<D fMI03Xar12)(3291.FL).OOC: ' , "t. . r . '..:, ~ - . . r'-- lEASE AGREEMENT FOR TELECOMMUNICATION TOweR SITE' . '. ) . . .. TH,II.El\SEAGREEMENTllhe. Agreemert" I. made and entered info/hi. the ,. . :......c;fay of~by and.betWeen;. .... '. . ' " ':, ~.. " " ~riMBOYNTONBEACH. FLORIDA ,..,... ".' ',' .'",' , ".,' , ,. 'a municipal corporation (Hereinafter referred to.as .CITY') AND,'. Spm Spectrum, LP., ' , '. A Delaware linited Pannership . . . . . ' " . (Hereinafter referred to as -TENANr) WHEREAS, CITY is theownerbf a certain realpropertyfocsted afmN~E9th ,. AVenue, Boynton Beach, Florida 33435. Palm Beach County, Florida; and . , . , '. wHEREAS, TENANT deSires to lease a portion of said real pioperty to constniCt, OPerate, and,'matntain telecOmmUniaitions t~ and support equipnient; and ", .: wHEREAS" ciTY 'staff' hasrevrewed the request of TENANT and recommends thai' TENANT lease a portion of said real property; and , , , . ' . ' wHEREAS, the City CommtsSion concurs with the reeommendationof staff and , ,., . ' ,deems it in the best interest of the City of Boynton Beach to Ie~ a portion of said real .". ' 'property to TENANT; and - . ". . ,.: ' wHEREAS, CITY arldTENAHr have negOtiated an urideistariding for the Ieasirlg of Ei" portion of said real property; and . . .. '.. .. ....... . '. . WHEREAs, crtY a1u:i" TENANT desire to redUCe their. understan<:ting to' WiitiiQ; noW' . : . . '. therefOre'.' . . .." . . . . ..';' .", .' ' . . I .~,... '1::>} . 'j," ~' ..--. (-' , (f" . . . . . . IN. CONSIDERA lION OF Ten ($10.00) DOllars, in hand paid by TENANT to. CITY,.as wen as the mutua! covenants hereinafter exchanged, the parties agree as follOWS: . . . S8ctioi 1.. REAL PROPERTY TO BE LEASED '. . . . " . 1.01 . CiTY shan leasek> TENANt that.certain parte; .of.realprOpertY,situated.. . in. Boynton Beach, Palm Beach COL.I'\ty, Florida. together with a nonexclusive easement . for ingress and egress, seven (7) days BVlieek, twenty-four (24) ~urs a day, on foot or. . .. motOr vehicles, incfuding trucks, and for installation and maintenance of utility wires, cables, .conduits and pipes over, under or along twenty (20') foot wide easement . . eXtending from nearest public right-of-way {more particularly descnbed in Exhibit A)... . .. whichisN.E. 9th Avenue, to the leased property and right-of-way for access are ... . hereinafter referred to as the .Property"'. The said Property is located at 222 N.E..9th Avenue, in the City of Boynton Beach. . . . . ... Section 2. .. DUTIES AND RESPoNSlBJlIneSOF TENANT .:. . .2.01 TENANT shall use the Property for the purposeofcoristructing, . . . .. .. mair\tainingand operating a telecommunications tower and uses incidental thereto, . . consisting of a structure or structures, as necessary now or in the future, to house its . telecommunications equipment. freestanOtng a~~nna support structure (pole), not to .. . ... e~ed 150'. (onehundre<fflfty feet) to. meetTENANT's tele~nica~Qns needs.:and .., . alllietess8rY oonnectingappurtenances:. TENANT upon the EipprOvaJ .of CITY may . . . . modify its antenna support structure and building(s}; said approval shall not be . . . unreasonably withhefdby CITY. . . - . . . . . .2.02. TENANTshallplacearouridlhe.j,erimeterOfthepropertya.securilSdence..:. .. Of chain-fink .construction, or similar but comparable construction, which meets the . . requirements of the Code of the City of Boynton Beach. . .. .. ... - . . . - . . . . 2.03 TENANt shalt be responsible for soil borings and sm,'ar testS which may... : . . .. . .. 00' requited as a COrtdition of construction and for aU expenses refated to its ... i~rov~men~whichm~~reafter~~S~ed~.~.rty: .... .. ..: .... :2.04 .. TENANTShaJl' mairita,nihepropef{y iri areasD~bfe:OOncrdk,nai1d me~' : ..ati requirements imposed by ordinances.of the City of Boynton Beach and Palm Beach . . . County, Florida .. . .. ..... . . . . ... . -. . . . . '. . . . .2:05 . The C~iY also reserves the right to at anyiime during.the lease,. irlstali or . haveinslalfedother aniennas for government usage on TENANT's tower. All antennas.... . . .. shall beptaced at ari elevation as 10 provide the inosI effective us~ and with such . ..... . . . . . .approvaJ not .urreasonably withheld; provided, however. Ihe CITY'S or other antennas... _.. . . . shall nOt interl"ere with TENANT"S operations on the Property. Should TENANT: mstan. . .. ..... . . .an emergency generator on the Property. the CITY may access and comect only its . ... .. . . ..... .~.. ..' ~ ... r (. r commuriicat.ionsequipment to TENANT'S emergency generator. o 0 0 . ... ... .. .. . o 0 0 o 2.10 0 TENANT shall keep the Property lreefr'om any liens arisingo out of anY 0 o work performed, materials furnished, or obligations incurred by or for TENANT. 00 TENANT shall, within twenty (20) days foflowing the imposition of any such lien. caUse 000. . ~ 000 0 the same to be release~ of record by payment or posting of a proper bond. No work 0 . . 00 .:whi~ CITY pe.nnits .TENANT to p.eiform on the ~toperttshafl be deemed to .be for th8 00 : ... '. Use and benefit "of CITY soihat no meChaniCs or other lien Shaff be alioWed sgainst the:., 00 00 o. estate of CITY by reason of its consent to such work. CITY shafl have the right to post .. notices that it is not responsible for payment for any such work. 002.11 CrrY hereby grahts TENANT as 08 primary indUcement to o the TENAN"r;s ::. 0 o entering intO ihis Agreement. the first priority right to instaU its . antennas and operate itS : .0 0 0 o 0 0 telscornmunj~ tower at the Property. From time to time CITY niay grant to itself ..: 0 o . and to other entities the righ110 operate telecommurrications facilities at the Property 0 0 : o 0 and/or the right to install antennas in comection with the operation of such facilities or . o other communications fac1lities;provided, however that CITY shall not allow the ":~, ~. (---.. ~.. . . . ." . ". . . . . . . . . . operation of Slichf8cilitiesaoo antennas by other tenants to interfere with the operalion of TENANT's antennas and equipment as it exists at the time of such other tenant's . instaUation or as it may be modified at any time during the term of this Agreement, as . . the sank may be extended. If any such interference occurs, CITY agrees to eliminate, if ~ aJ.ditio[lal equipment ~ operated by the City, . or cau~e the eIimilJation of, if such . equipiri~nt is' op.erated-i?y a ttNrd Part}o,Such in.eife~nce witb TE~Nr$ .operations: . . Within a reasorlabfe tiine after receipt r:t TENANT's riotice of suCh inferference .atK( if . necessary; 10 cause the intenering party.to cease its operations. If such interference . . continues for more than thirty (30) days after TENANT's notice to CITY with respect to . . .. such interference, then TENANT shall have the right, in addition to its right to pursue . .. . --ooyor alt remedies available to it at Jaw or in equity, to immediately terminate this . . . . . Agreement by giving written notice to CITY of such termination. The CITY hereby also. : . .. agrees that the TENANT has no obligation or requirements to upgrade or modify the . Tower to facilitate the use of the Tower for other entities which the CITY may authoriZe.. . .. .. Any or all costs associated therewith, shaH be bome by parties other than the TENANT, .:. -. - .." -'" . . .. .- .. ..2.12 CITY herebY agrees that if beeauseof TENANT's operations on the .. Property any taws or r~gulations of the Federar Aviation Administration, Federal . . Commtxlications Commission or any otf1erreJevant governmental agency or body :.. . . reqUire or recommend that TENANT's antennas and/or the Tower be tit and/or marked,. . · . TENANT.may install and maintain such ttghting and markings. In no event, however, . s~H TE~ be responsible for the installation or maintenance of any lighting or . - . markngs. reqUired by the..operatiOi'ls of CITY or any other tenant. in the TOwer. em. . . will.perrilifTENANT access to. all portions of the TOWer that TENANT may Oeed iil or~r to. check and replace such required or recommended lighting or marking. . . SectiOn' 3.. . DUTIES ANDRESPoNSIBJUnes OF CITY.. - -. . - .. . . . . . . .3~01 . CITY shall Cooperate with. TENANT in its effort to Obtain certifu::ates,. . . · permits and other approvals that may be required by any federal, state or County . .. authorities. . 3~02. CITY Shalf grant TENAN'Tlhe right tOSUl'Vey said property in order to . . meet requirements to submit the applications for permits. .. . 3~03 CITY ~1I ~i~ With"TENANT.~ its effort to:Obtain Utir.ty semce~ . .. . along said right-of-way. incluaang signing such documents of easements as may be .. .. . . required by any pubic utiHty is unable to use the .afaemenUoned right-of-way, the CITY . . hereby agrees to grant an ackfltional right-of-way, either to the TENANT or to pubrlC .. ......... .... utility, at necost 10 the TENANT. . SeCtion 4~. .ACKNOWLEDGMENT. .. .ct01 . CiTY and .TENANT acknowledge that TENANT'S ability (o.~ the . .. . ..'_:~. . \"'. j- - r- ( '.- ~- - - - - - - . . . . . PrOpE!rtY.5 ccmtingern upon TENANT obtainingTafter the exerotionof this Agreement, -_ - - all the certifJCales, permits and other approvals that are required by any federal, stale - - aildlor local-authorities. to the event that any certjfj~te. permit or approval issued to _ -- TENAtIr is canceled. expires. lapses or is ofheMse withdrawn or terminated by a _ _ _ _ govemli'1f)R~I.~uthon1y, so that TENANT is unable'to use said real property for its. _ __ --. _- jl')terld~ Pui"PO:se; tENANT shaD have the right to t~ir1Bte thiS Agieement purSuant - to Section 7.01. - - - . - - - . - - -- - - .: - - _ _ _ : _ - -- -4.02 :-PtiOito the sUbmittal of happlicationfor the r89Uired bUilding permit, TENANT shall have the right to perform or caused to be perforined and shan have _ .-- competed an assessmantof the Property and the adjacent areas in order to d8tennjn~ - whether suche contaminated by hazardous substances or pollutants. If the _ - - - assessment reveals the presence of hazardous substances or pollutants beyond IeVeIs-- accep1able tri:TENANT and under applicable environmental Jaws, TENANT shall have _ - -the right to termmale this ~ement pursuant to Section 7.01. - - . - .4.03 .- cny cOvenantS that erPi has' gOodaOcl sUfficient titiearldinterest to the _ - - property and has fu1J authority to enter into and exectlte this Agreement CIN further covenants that there are no other liens, judgements or impediments of tiDe on the Property. .. . -S8ction-S.: . TERM OF AGREEMENT.. - . - - - -5~01 _ See Attached AddendUm- Parst;1raph 2.. Rent - - . . .. . - .0. . .. . o. - _ - _. -. 5~02 TENANT shall havelhe opiiOn.to extend this Ag(eemeOtfor four {4} - -- - - - - -additional Five (5) year terms. Such extensions shall automatically occur unless - TENANT gives written notice to the other_ party of its intention not to extend this __ Agreement at least six (6) months prior to the end of the current t~rm. - - - -: -5.03- - If.at.the ~ndofiiief.;ai year eXtension fetn\-thtsAgreementhasnot: _ __ been ferminated by TENANT giving to the oCher party written notice of its intention to - - - - terminate at least six (6) monthS prior to the end of the term, this Agreement shall : - -: . j-Binain in foice ancteffed.upon the. saine cOvenants, terms and corlditioris~ The , _ . . .. : .. -- Agr~t shalf b8fot amua..teims lhereSfter unless tSriiiriated by either party bY . u -: - - -- -giving the-other party written notice of its intention to terminate at least six (6) months - - - prior to the.end of the-term - _ q _ _ _ _.. _ _ - - - SectiOn 6. - cONSiDERA noN - - - -- - 0_'. ... _ 6.01"- - - See attac:l1ed addendum. - paragr2PJ; 2 ..; Rent - - - - - . 6;01(a} - - - Services Provided lOthe City. -- - -~- .. ~ ~ .- ..( .--. ./ (. ! . L" . . rn. ddi '10 e~t >~. abe~.e T.~. s II vie C either $75. ' 0 In .cas, a 000 cash en. t . . 5,000, a co both;h S t s.ling $1. . _ .. 'n $e . s us c ands eo up byt . . , .' 6.()2 M~r 'the in~ial term, ~Ch Anhtia, Rent 'payment shal'be ~bmilted' t~ the .. . . CIN nO tater than thirty .(30) calendar days after the anniVersary date of Ile CertifICate of Occupancy. . Annual Rent payments shall ;naJr a late payment fee of 1.5% per month (18% per.amum), cafculated from the CertifJCate of Occupancy anniversary date, for . any payment submitted to the CIlY later than the date due. ... 6jj3 ... see~t8ched Addencbri, Paragraph 3 ~ CPJ . . .6;04.ThiS is. an~t-net~tiease.armTENANTShan pay all-saiestaxes, real . . estate taxes assessed against TENANTS property, utitity charges, cost of :malntenanc.e, and all other charges and e>cpenses assocfated with the tenants used ..the~mised premises ofthis Lease. . .SectIon "t. TJ:RMJNAOON . . ...... l.bi . ThS:tENANT.tnay terminate this Agreement by providing a ten (10) · .cale.tlqar day written notice prior to the effect~e termination date. , . . .. . ...7.02 . Priorio theencfof each flYti (5) year term. TENANT ma.y terminate Utis. . .. Agreement by providing written notice to the CITY at Jeast six (6) months prior to the . . end of the current term. .. · ...7:03.. Should TENANTdetaulturlder.any.ofthe t9frnSO,lhiSAgreemenl. CITY.. may terminate this .Agr8ement for cause by providing a sixty (60) day written notice to . TENANT; however, TENANT shalf be given the opportunity to correct any default within. . . thirty .(30) calendar days of receipt of written notice. This Agreement shall not be terminated if sUch default is of a nature that it cannot be cured in thirty (3D) calendar · .days and TENANT is diligently proceeding to axe such defect ..' ......'.. -. ...' 7.04 tn'~-~Veot cttel"miN3l~ ofthisAgreerrient by TENANT, ait ~~rltalfees:. .. . ..... ,. paidpiiOrto.said'lerminationdateshaobeTetaiii8dbythecrrY~ . ',.'..... , . . .. . . . ' . . -. . ...... . 7~05.. .Uporl.t~ion; tENANT shaJ'-~er CITYrrstOptiontopUrChaSesald . .. .. antenna '~Uctute afl.d certain ~ improvements fa- the agreed upon Bum of One .... Hundre~ {$100:00lDoJfars. CITY shal h8ve ninety (90) caJenclar days from the ... .. .~ . ... .... dam or fe~ in .Whichto. eX8rcfse this Option . ... Section 8~ . JNDEMNIFJCAllON . -........ . " -. . . .. .: 8.01 GeneralJr1demnifiCatiOO: TENANT agrees to itidemr1ify, save arid .hold . .. ..5)... . ~' . .. ~..:' \ .. . . . . /' . 1 ..qr . . . . harmless and defend COY, .ts City COmmission members. Offu:erS, &geills and.. . . emplOyees, . from any and all claims, damages, liability. losses, causes of action of any . . nalure Whatsoever, which may arise out of, in comect~ with or because of the use and ocrlroancy of the property by TENANT or its officers, agents, employees or . ... ind~er{dent contractors under this Agreement or me. breach of,this ~eemeJ)t by . .. .~.NANT. . PUrsuant to Is liaPflity,TENANTShaff pay a, claims, Jo.sses.liensor. ... .... . .... . '. .: set~ or jUdgments,6f anY. nature ~afs'Dever. in COnrlec6on th8rewith inclUding, . . . but not limited to, paralegal fees. aUarney's fees and costs to defend all claims or suits. . including attomey;s fees on appeat in the name of CITY when applicable, and shall . .. pay an cost and judgments which may issue thereon at both th& trial and appellate levejs. Such indemnification shall not ~ limited to the amount of comprehensive. . . . . general tiabiity jnsurance which TENANT is required to obtain under this Agreement . . This irldemnity shan not apply to any claims arising from an act of gross negligence or. .. . intentional misconduct of the indemnified party. . . . . ... 8:62. Nothing.contained herein is in~9nded nor.shall.beCOristrUBd to Waive .. . CITY'S rights from immunities under the common raw or Aorida Statutes, 766.28, as . amended from time to time. . . . . . Section. It. . . INSURANCE . ..: .. 9.P1JENANr m?in~jns a ~sk Ii1anag~ program \\i~h pro.vides for . . .. . :coinpr~hensjve gerieralliabititY, prOperty ~~ and ~rs~ co.mpensation . . Vermcation of Saki program has~been submitted to the CITY'S Risk Mcin8gement. .... . . Coordinator. The CITY shall receive a thirty (30) calendar day written notice in event of any change in the current program having an effect upon the breadth of coverage with. .... . respect to IimJf.ations and any Yariance with respect to limits of tiabiftty, if Jess than those indicated in the program submitted to the CiTY'S Risk Manager. . . ... 9.02 .UPONEXECUTlONOFTHrSAGREElJENTBYTENANT,THEC'1YOF.. .. BOYNTON BEACH SHALl BE HAMED AS AN ADOmONAlINSURED AS ITS . INTEREST MAY APPEAR WITH RESPECT TO THE REQUIRED COVERAGES AND.. ... rnE OPERATIONS OF TENANT UNDER THE AGREEMENT. . Section 10~ .ASSiGNMENT . . .10:01 ThiSAgreementlTla~'~b~~~.sU~:a~s~dortransfelTed.at. . . . ... any tiine except to-TENANT's principal affiliates or subsidiaries or its principal, or to .. at'r{ company upon which TENANT is merged or cmsolidated. As to other paties. thiS.. .. .... Agreement may not.be sold, subleased, assigned or transferred wiIhout the written. .. . I... .... . consent ofthe CI1Y; such consent shall not be Lneasonably withheld. This provision . .. win not Precfude TENANT.from allowing other parties to co-Iocate on the Property to. .. . Tower, so long as thiS Agreement is in effect, the City consents in writing. and the ~. : . .. .. located equipment does not interfere with existing equipment. l , C' f . I.> r- f"" , . S8ction11: COMPUANCEWiTH LAWS~ . ' . . . - . . . . .. .~.. 1.01 TENANT ShaUCoinplywithaU statuteS,~~aws, ordinBrices.. rutes, .......... reglita. and lawfuf orders or the United States of America, State of florida, City Of : . .aoynt .Be~ch.PafmBeach County, :and ,of~yotler publi~.authority wt:lich may be . .. .. . '.applicable. . . '. . . . . . .SecUon12.GOVERNING LAW; VENue .~ . .12.01 Thevar.dily, cOnStrudionandBfferit onhis AQreemerrt shaD be ~erned .. by the iaws of the Sta1e of Florida. . . .. ." . .. . . . ". . ." . . . ... . .... .' .. . .'1202 Any Ctairtt, ob.;ection or diSPUte arisirig. OtitOf the . terms cinh1s Agreement . ... . : shall be litigated in the FRteenth JucrlCial Circuit in and fer Palm Beach County, Florida... . . ~ori.13. INSOLveNCY. ... . ... . .. .13;01" .in the event that either PartY shaff become msolvent, makeagene..al . . . assignment for.the benefit of aeditors, suffer or permit the appointment of a received or. . its t>usinessor its. assets or shalf avail.itself of, or become subject to, any proceeding . . .. under the federal Bankruptcy Act or any other statute of any state relating to insoJveOOy.. or th~ protectiori ..of rights d creditors, or become ~ubJect to rehabilitation, then, at the . optionOf.the.otner.part)"ar1dmmediatetY~n.Wlitteo ~Oti~e.'this Agreement ~tialf . .. . tenninate and be of. no fUrther forceBnd effect. .. .. .'. . . Section 14... ENTIRE AGREEMENT . .'. '.' .. .14~01. This Agreement contains thenentii'~ undefstandirigof fhepartie$ relating. :. ... . .. . to the subject matter hereof, supersedingaU:prior communication between the pcirties,... . . . whether .oral or.writtBn. This Agreement may not be altered, amended, modified Dr .. . . . otherWise changed nor may any of the.terms, hereof be waived, except by a written ...... . . . . . . . instrument executed bY both parties.. The failure of ~ party 10 seek redress for violatiOn _. .. .. . . . .. . of or to ~ist On strict performance of any of the covenants of this Agreement shan not . < .... . .. be construed as a waiver or reJinquishrnehf for the futtJoe of any covenant. term, :. . . . .. . .. conditiOn or eteciicin. bUt. the same. sh~ ~nUe ~ ~n iit.fiII force arid ~d. ' .....: . .... .' ... . ~. . .' ... ,.. . .. .. . . . . .. ..... -.:.' ... '. '. .. -.,'..... . .. .' . .. . . . .SeetJo,r15. ..:SEvE.RABIUTY. .... ... ....... ... ......15.01.....Shoukt~part,blrirro,..provisiOiiofthisAQi-eementbebythe:. ..... .. . . . eOurls decided to. be' invalid.. illegal or in -conftid.wih any raw of this State, the validity.of . . the remaining to bE! in\ialkf; iIfegar or in conflict With any laws of this Stale. the validity . : ........ .. ... of fheremainirig to:portions or provisions ShaH nor be affected thereby. .. . . .j ..Section.16~Noi1CEs . . .~.. .. . .. ~. (' .r--. ( . 16.()1 . AU notices .or other communications required by this Agreement.shallbe: . in writing and deemed delivered upon mailing by certified mail, return receipt requested, to the foJlowing persons and addresses: - . .. . t . CITY: city Manager . ..... ... (:ity .Of Boy~tooBeach ..' .: . P.O. Box 310 . .. ... .. Boynton Beach, Florida 33068 WITH ........... ....... COPY to: . James A. .Cherof,. city Attorney Josias. Goren, Cherof, DoOdy & Ezral, P.A. . 3099 East Commercial Boulevard, Suite 200 . . Fort lauderd_ Florida 33308 TENANT: .. ... Sprint Spectruc, LP~,a> .. DeJware limited PartnerShip.. ;-.... WITH.. COpy TO: . MaStrinafChristianSen. . Attorneys at Law . 27~, No~ F.ede~!:I1 Highway . .. . Fl:La~rda'e,FL33306 . ... · seCtiOn 17;. OTHER PROVISiONS . - ~ . 17,.01 . Should Che CITY, atariy time:during the term of this Agreement,.decide to. .. . seD aU or part of Ihe Property to a purchaser other than TENANT. such sale shall be . .. under and subject to this Agreement and TENANrs rights hereunder, and any sale by. . . the CITY of the portion of Ihis Property Underlying the right-of-way herein granted shaU .. . . be under and subject to the right of Ihe TENANT in and to such right-of-way. . 17.cQ . . If the' whole Or Ih8 piOpertj~ or Such. PortiOn thereof as. Will make. the . . Property unUSable for the purposes herein leased, are condemned by any legally . . .cOOstitut~d..a~ity for any PUbrlC.US8,or.purpose. then in e~:ofsaid events the.. . .. . term hei-eby granted shan cease'from thE! ';me when jiossessacin ~. is fakeri by. .. . . pt.t)Iic authorities, and rental shalr be 8CCOLrlted for as between CITY and TENANT as. .,.. of that date. Any lesser condeJmation shalf in no way affect the respective rights and :. .. obligations of CITY and TENANT hereunder. Nothing in tns provision shalf be ..... ... . . construed to Jimit oratrect TENANrs right to an award of compensation of any etninent ... · domain proceeding for the. taking of TENANT's leasehold interesl hereunder. . .' . "0 ._ . ......_ _...' . ....... . .17.03. .. City cOvenants that TENANT, On .paying the rent and Performing' the .. covenants, Shall peaceably and quietly have. hold and enjoy the Property; ....~...... .. ,.-- ( "r- ( . . . 17~04 Attorneys. Fees. If any party obtains a judgement agamstanyother party . . by reason of breach of this Agreement, the prevailing party shall be entitled to · reaso!.'rble .attorneys' fees and costs, including paralegal costs, at both the frial and . . appeS,elevels.. .. .... . ... ... . . . . .::Section18.PUBLlC'REcORD$' ., . . ". - . . . . .IN WITNESS WHEREOF, the parti&,tf hereto.tlave caused these piesetitsto be . . executed, the day and year first above written . . . . . . . . . . . . .. - . .' . ATTEST: . .~~.. . . CI)'CIerk . ' ~~ Approved as to Form: .. . .- . . - CITY OF BOYNTONBEACH.FL . .... 'J/t.,.~-/?:tt<~___- .. ClIr AlIDrl1lll' State Of Floods.. . . Cotmty of Palm Beach . . . . ...~ rotegoiiig iliStrUment ~s~ged.befMe me~ the LneJermgrted NotarY.. Public in and for the State of Florida. on this. the (,tIt day ~ 1~, by ~~ayIor.andsue~le!kand~.~.~. . . ... .. ;;,.. .. . C~ .t... .... . . . . . . . . . . . . ". . . - . (~o 1-- . . .~ . . . NOT Y PUBUC . . SEAL . F OFFICE - . . -. . . .--. ." . . . .~~..d~. NoIIlry Plmlll:. SiIlIIa or FIofktot o . 0 ." ~ ~MAIUE~q . ..., i-i. .: W7wlIissDt,t'l:3Iiis4 EXPlRt.s . - . -. -~a.1~ . PIned, typed or stamped name otary Public exactly as commissioned. - .p- jndividuaJswhO signed are persOnally. . ... . known: no identification produced TENANT. .. 4Pr\nIlIlImo) Jf1(~... u/ MCfA 1 .. ..: f'IS1\~~ . 0 (prr.t nameV' Dr~. C. n(lI.-..rr <;f . f ~ ~ l' . er fQ\..iP . ~~ .. . -. - . .. . . .Attesieij~' . .~~.. Tnle:kNj .~ o~ 1\~ ... . '. . ..TiUe:o.. . . . . . .:STATE OFFtORIOA.:..) . .. COUNTY OF Pa"h geeen. )..:. . . .~Lo~ 0 . 0.. JOHEREBY CERTIFY that ~n. thiS: ~~.. . day or 0 . . . \) c..-\. ~ . 30 > I <J9c... before me perscnaJly apPear&d ... . "'^ap,,~,..) L'.....~ DtPCS, to me Personaflyknown to be the. .. 0 ~ .. : E.~ . "#- O/JI"J.s ~~. o. . o . . .~ . o'~... "i ,. i ".0_ -~_--"___.o.._............~..~._. "_...:.._ ._____.__ __... ". .. ",-. . { l. r . individual Who .executed the fOregoing mstrument and acknowtedged before me that he executed the same for the purposes therein expressed on behalf of pes. "" "~ "" "" " - . .. "::z~"-'}..." . ... WITrESSmy hand and official seat oHhis Q . ... -. i"\ c...'\-,., h-~_ 3D . ~ " .. - "."' ., . . . day. of . L~.~ Q-."d~ NoIarv Pubk n.-l d>e. ,- - A ~ H.J ~ ..:si-4'.o:O~ ,,- (pJid .. My.com~isSionEXPireS:flllfd-Poo . ~&r("'\. DEBRAANNSTEPPE . ~ D ~'#CC"'''.1.'' . 900182H . ~~~~~'AN 1112000.... .. TowerJse. .. . ~ev<. .5/22/96.. . . 614/96 . .". " ..... " -.,. . " .. j .. ~ ;~ .r' t . ( ADDENDUM TO pes 8m AGREEMENt. . ." . . Site Name: CITY OF BOYNTON BEACH Site ID: MIA 9212. . PUBLIC W6RKS COMPOUND (222 N.E. 9th Avenue, Boynto"n Beach, FL 33425) r I ... . . nos ADDENDUM inodifi~and 8i~~xkthe:PeS s~ Agieemeillref'Ctl'edtO herem astOlJows: .. . .. . 1.. .. per.sonafProperty, Real Estate and Intar~ible Taxes: SSLP will pay aD personal property.. aDd intangibie taxe$ levied or assessed OD the PeS system. SSLP will pay any increase in Owne:r's real . . .. estate taxes directly attn"butabJe to the PCS installatioa . . 2 .. .. Re.i: NotwitllSimtmg3nytmngio the contfaty contained herein, rentwiU conuiu~ilee on . . the Rent. Start .Date. Rent wiD be paid annuaUy in advance on the Rent Stan Date and on each anniversary of it. The Rent Start Date shaD be the earlier of (8) the d8te which is 30 days afta- the . issuance of a builomg permit for installation of tbe PCS, or (b) tbe first day of the month foDowing . co~t of physical preparation of the Site. 'Il!e annual rent wiI) be S J 2,500 , putial years to be pro-rated. . . . . .. .... .. 2.a Upon t&e. issuance ora Certificate of OccuplncibyC1TY for TENANT'S . . . Commumcanons Facility, TENANT shall in lieu of making the payment of rent for the initial five year . . leon as provided laereinabove, TENANT sbaI1 pay to on a one time hunp sum payment of SEVENTY- . . . FIVE nIOUSANJ) AND.NQ/lOO ($75,000) DOLLARS. This Jump sum payment shaD constitute the." . advance rental .pa.yment by TENANT for the initial five year lease term.. . .. ..., j,:. . CPETbC annual rent foreachRenewaJ Temi v,;D be the ammaIrelit in effectrortheDnaJ. . . year of the Initial Tenn or prior Renewal Term, as the case may be. incceased by an amount based upon . the aunuJative pen:e11t increase oftbe CPI (Consumer Price Index - U.S. City Averages for Urban Wage . Earners and Clerical Workers - 1982-84 - 100. pubIisbed by the United States Department of Labor,: , . . Bureau of Labor Statistics (or reasonable equivalent inda if such indelc is discontinued)) between the . : commencanent oItbe Initial Term and the end of the Initial Term, or the CODlrl1enCement and end of the . Renewal Term. as the ease may be. such increase not to exceed 20 percent in any case. .. .:. 4: . . AddeOOuin CoDtroJS:. In. thee:vent ofaeoDtiiCt b~ Pes SiteAgreeirientartdiliiS . . . . .. Ad~tfUs Addendum shall control . . . . .:..'.5; :.. .:~CS.~t~~~t:C:t: ..An._.~.c~~~ ~~PC~s sile.~een~. . and ExlDbitstbereto which are not inconsistent hefewith remam in fuU. forCe 8.nd .effect~ . . . OWNER: CITY OF BOYNTON BEACH~ FLORIDA .BY:~~t..~ . SSlfax o. 59-6000282 100 East Boynton Beach Bevard BoyritonBeacb,~ ~42S DATE: 8J n 'b , , . ~ .~ ,r-. { .. r ...j.. .' .. . . . ".'. - "."..'. on . .~..:..jJ-,j."'~~~i;i~__'&y~~. . ,'- l i . ! . i , J t . .. ,.. . , f j I f ! .. .,. .. . , . .., . [ , t. -. .1 . ..1. ! i ; * . l ...r. .,' ., . . . I . - ..r . ..". .:.t . i t , ~ . : i- i . J .~ J ! : f- _ u J . , I i . . , I . , ..~.. ,\I r .~. -~-;~ .;-- .... .. . . . roo ( . \' --;. ( ::;:, sate NaaiC .. $'IC Addras: . EXHIBtt A · . .. MTC r.D. ._p__ NorteI L~. - ~12. . .. -". " .... ." ..So~~~.iiatlu:o.~ilyo~f~tftno~b. Cocm~.oi~~ .~-~oi~ .~Iy~."'.. ~i~:. . see IaaXhedWairaidy Deed ..' .. . .. . .. As~be mcrit1bUt.~ In AriatJimem "A-i" -WINnt.o.. : Slteldlo.ts~ . ." ". .. '." '. . ~.vc..w.-r...... . · ~ ~~"'O . .. ". - . - . '. .. PUBLIC \\OAKs. ~ N.e. ~... ~.. , ~ ..... , W.T. I OPW:7 . PW-3 .Ie.' o-{J i. I If f . . .--.~. ...lb*.::-:. .. :.. ~~cc...-t~~~ 0 . "'=> \-C ce ., . -A.:.O'J(, ~o . . ~ oD- ~.. Q. .0OWAet fnidals. . SSLPliitbais .... o. ~ OwMt-SS1.Pmai.alSsLP~s:~.~ this Exliibitwilia iir1yoeichibit~8fOnbc&e'" desC.ijMioiI oi..~ _ .. .. . ~ which the She &I 10carcd aaul'or .. as....iJt ch.... depbing_Site.. . . .0. ..,Vie.thrS EZ~it~. t~i" PCS Site A~m;' Mcaio~ud.. otPCS Site Aatea..eat..Op&. A~etit...i! M~ iiI _ . Option Acreeme.t.f . . ". . . . .: .; .. :: :8e~wtiswu.FM If.tlM.2:OlPNDBlo.ia . . - .J.. . ... 4. ~. ., .. '- . , , . ~:- i. t- . ~ . LEGAL DESCRIPTION OF LEASFE PARCEL . . . . A POriion.oftots 2 & 3. Block 1, "CONGRESS GROVE;', as recordedin PIiit~ ... Book 13, Page 63 of the Public Records of Palm Beach County, Florida being . . more particularly described as follows: .... .. ... . . . . . . . . . ....' . ." . . . . . . . Commence at theS6uthwest Comer 0( said Lot 3,. Block 1; thence S89 ~5'39"E .... . along the South line of said Lot 3 for 14.40 feet; thence NOD .12'08"Wfor 56.44 .. .. . feet to the POINT OF BEGINNING of the following described parcel; thence . N89 ~8'29"W for 30.00 feet; thence NOD .12'OBW for 16.50feei.. thence. _ . - 4 . .. . S89 ~8'29"Efo; 30.00 feet; thence SOD 12'08"E for 16.50 feet to the POINTOF BEGINNING. ........ . ....0:- ".." _" . . . .~)..~. . .-,"- :.,,: . . -.*' .. ." - . :. ...-. , ' ". . :.;-- .,. " .,. . . II' _0..,... .. .. .. . . VI.-CONSENT AGENDA ITEM 0.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 Apri14,2005 (Noon) [8J June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2,2005 (Noon) D July 19, 2005 July 5, 2005 (Noon) NATURE OF AGENDA ITEM D [8J D D D D Administrative D Development Plans Consent Agenda D New Business D ~--:~[~ Public Hearing Legal : D "..) Bids UnfInished Business U1 Announcement D Presentation '""D 3: ..) ...., -i-< C..) . q 'rlCO ;-0 .:~ r<1 0'.'> RECOMMENDATION: Please place this request on the June 21,2005 City Commission Agenda under Co~~ Agenda, to be tabled date-certain, to the July 19th meeting. The Planning and Development Board tabled this item to their June 28th meeting, pursuant to a request from the applicant to allow further time to resolve staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-067 City Manager's Report .-~ ::;2 EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Quantum Park & Village South Commercial (MSPM 05-003) Steve Fike, Olen Development Quantum Park and Village, LLC Southwest comer of Gateway Boulevard and High Ridge Road Request for Master Site Plan Modification approval for the construction of a mixed-use development consisting of an additional 115 multi-family dwelling units (for a total of 349 dwelling units) and 71,708 square feet of commercial/office space on a 26.165 acre - Mixed Use POD in the Planned Industrial Development (Pill) zoning district. PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: ~ City Manager's Signature 'J4~~)?- ~ Planning and Zo;rng irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\SBMP 02-001 south\MSPM 05-003 Commercial\Agenda Item Request Quantum Pk & Village S Comm MSPM 05-003.6.2 I-05.dot S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 05-067 STAFF REPORT Chair and Members Planning & Development Board and City Commission Michael Rumpf Planning and Zoning Director Eric Lee Johnson, AICP Planner May 3, 2005 Quantum Park & Village South / MSPM 05-003 Master Site Plan Modification PROJECT DESCRIPTION Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: East: Quantum Park & Village, LLC. Olen Development Mr. Steve Fike, Vice President of Construction / Olen Development Southwest corner of Gateway Boulevard and High Ridge Road (see Location Map - Exhibit "A") Industrial with a Mixed Use (MU) designation on the Quantum Park Master Plan Planned Industrial Development (PID) 115 Multi-family dwelling units and 71,708 square feet of commercial / office space on the commercial component of the Quantum Park and Village South Master Site Plan. 621,396 square feet (14.265 acres) Right-of-way for Gateway Boulevard and farther north is vacant Quantum Lots 83 - 85, zoned Planned Industrial Development (PID); Quantum Park developed Lots 62, 66, 67-A, 67-B, and 67-C, zoned PID, the Sand Pine Preserve and right-of-way for Quantum Lane; Right-of-way for High Ridge Road and farther east are vacant Quantum Staff Report - Quantum Park & Village South (MSPM 05-003) Memorandum No PZ 05-067 Page 2 Lots 81 & 82, zoned PID; and West: Quantum Park Water Management Tract "Q" PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject major site plan modification were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. NATURE OF REQUEST Mr. Steve Fike, Vice President of Construction for Olen Development, is requesting to modify the Master Site Plan for Quantum Park & Village South. This development is located on the southwest corner of High Ridge Road and Gateway Boulevard (see Exhibit "A" - Location Map). The speCific request is to construct 115 dwelling units and 71,708 square feet of commercial area on the commercial "portion" of the master site plan. This would result in a total of 349 dwelling units for the entire master site plan. BACKGROUNDI ANALYSIS On September 3,2002, the master site plan was approved for 234 rental apartments and 132,032 square feet of commercial. It was also approved with six (6) waivers. Master site plan approval is valid indefinitely per Chapter 2, Section 7.P.9 of the Land Development Regulations. The Quantum Park & Village South master site plan is comprised of two (2) technical site plans, namely Quantum Park & Village South Commercial (NWSP 03-004) and Quantum Park & Village South Residential (NWSP 02-022). The residential component is also known as the third phase of Villas at Quantum Lakes. Technical site plans on mixed use pods within Planned Industrial Developments do not require City Commission review and approval provided that they are consistent with the master site plan. For this project, both technical site plans were found to be consistent with the master site plan and were thus approved administratively by staff. Review and approval of the residential technical site plan (NWSP 02- 022) was completed with the build-out of the Villas at Quantum Lakes apartment buildings. The technical site plan for Quantum Park & Village South Commercial (NWSP 03-004) was originally approved for six (6) commercial buildings for a total of 119,185 square feet. However, it was never built-out and new modifications are currently being sought. The revised master site plan proposes dwelling units in lieu of a portion of the commercial space originally planned. Both are permitted uses within mixed use pods of the PID. However, these modifications represent a significant change to the technical site plan (NWSP 02- 022) and likewise, to the master site plan (SBMP 02-001). Six (6) waivers were previously approved by the City Commission and are itemized on the master site plan. The proposed changes to the commercial portion of the master plan do not impact any of the approved waivers. The master site plan tabular data shows the parking requirements as follows: Commercial: 71,708 square feet @ 1/225 One bedroom: 143 units @ 1.5 spaces Two bedrooms: 206 units @ 2 spaces 319 spaces 215 spaces 412 spaces Staff Report - Quantum Park & Village South (MSPM 05-003) Memorandum No PZ 05-067 Page 3 5% guest spaces for Villas at Quantum Lakes 19 spaces 965 spaces The above referenced list indicates that 965 parking spaces are required. The master site plan would provide a total of 1,037 parking spaces, or an excess of 72 parking spaces. A surface water management system has served the Quantum Community Development District since 1989. The District has legal positive outfall to the Lake Worth Drainage District's E-4 Canal. The stormwater runoff is discharged via an existing control structure. The proposed volume and rate of the discharge would be controlled pursuant to the applicable permits. The subject property would connect to the existing District system. The master site plan's original traffic impact study was approved by the Traffic Division of Palm Beach County on June 28, 2002. The master site plan was approved for 234 multi-family dwelling units, 82,260 square feet of general retail, and 32,010 square feet of office. The revised study approved on August 19, 2002 included 136 multi-family dwelling units and 102,235 square feet of general retail. In February of 2005, Ordinance 05-013 for Development of Regional Impact (DRIA 05-001) was approved by the City Commission to increase the maximum number of dwelling units allowable with Mixed Use pods (within the entire Quantum Park DRI) from 1,000 units to 1,105 units. These additional units were earmarked, in part, for this master site plan modification. Additional units are being earmarked for the "commercial" component of this master site plan for Quantum Park & Village South. As such, a traffic impact statement was submitted in conjunction with this request. Staff has received confirmation from the Traffic Division of Palm Beach County that the proposed project is part of the previously approved Quantum DRI, and therefore, meets the Traffic Performance Standards of Palm Beach County. However, no building permits are to be issued after the build-out date of 2007 ( see Exhibit "C" - Conditions of Approval). Concurrency: Traffic: A traffic generation statement, prepared by Pinder Troutman Consulting, Inc. was sent to the Palm Beach County Traffic Division for concurrency review. Based on their review, the Traffic Division determined that the proposed project is part of the previously approved Quantum DRI, and therefore, meets the Traffic Performance Standards (TPS) of Palm Beach County. However, no building permits are to be issued by the City after the build-out date of 2007 (see Exhibit "C" - Conditions of Approval). The County traffic concurrency approval is subject to the Project Aggregation Rules as set forth in the TPS Ordinance. Utilities: Potable water and sanitary sewer / wastewater capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan (see Exhibit "C" - Conditions of Approval). Fire I Police: Fire staff reviewed the site plan and determined that the Fire Department expects to be able to maintain an adequate level of service for the subject project, with current or anticipated staffing. Infrastructure requirements such as hydrants and roadways will be addressed during plan reviews and permitting. It must be noted however, that the project is in an area with significant growth in the past year. Staff supports this project with the understanding that Fire Station No. 5 will be available when these structures are ready for occupancy. Staff Report - Quantum Park & Village South (MSPM 05-003) Memorandum No PZ 05-067 Page 4 Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School: The project requires confirmation from the School District of Palm Beach County that adequate services are available to support the proposed project. Their confirmation is require prior to the issuance of any building permits (see Exhibit "C" - Conditions of Approval). Driveways: Sheet SP-1 shows the proposed layout of the drive aisles and parking areas. The development fronts on Gateway Boulevard and would have three (3) access points along that roadway. All would allow for ingress / egress. The western entrance would have two (2) lanes each for ingress and egress, separated by an eight (8) foot landscaped median. The center (main) entrance would also have two (2) lanes each for ingress and egress, but separated by a 10-foot landscaped median. The eastern entrance would have one (1) lane each for ingress and egress, separated by a landscape median varying in width from 10 feet to 20 feet. In addition, an entrance would be located on High Ridge Road. This entrance will have one lane each for ingress and egress. These entrances are generally consistent with the Quantum Park DRI Master Plan locations. There are internal vehicular and pedestrian connections proposed between the "commercial" and the "residential" portions of the development. Several vehicular entrances are proposed to allow the residents to the commercial area. All drive aisles would conform to Engineering standards. Parking Facility: Normally, the required parking for commercial/retail uses are based on the following methodology: one (1) parking space per 200 square feet of gross floor area. Office uses generally require one (1) parking space per 300 square feet. However, the Quantum Park and Village South Master Plan was approved with a parking waiver to require one (1) parking space per 225 square feet of building area for both commercial and office uses. The plan proposes a 71,708 square feet of commercial/office area, which require 319 parking spaces. Also, 13 One- bedroom units and 102 Two-bedroom units are proposed. The project requires a total of 543 parking spaces. The site plan tabular data indicates that, within the commercial component, 407 surface parking spaces and 234 garage spaces would be provided, which would equal a total of 641 spaces, or an excess of 98 parking spaces. The four (4)-story condominium building, proposed along the west property line, would require 64 spaces and its accompanying parking garage would provide a total of 234 spaces, or an excess of 170 spaces. The parking garage would be two (2) stories with parking on the roof. Three (3) mixed-use buildings are proposed along the south property line. They would consist of 11 units each and therefore, (the residential component) would require 66 parking spaces. Parking stalls are proposed along the south property line. These stalls would be used exclusively for Staff Report - Quantum Park & Village South (MSPM 05-003) Memorandum No PZ 05-067 Page 5 the residents who would reside within these mixed-use buildings. The plan would provide a total of 79 spaces or an excess of 13 spaces for the mixed-use buildings. Howeverl an apartment building is proposed at the southeast corner of the property. The plans show it as a two (2)-story building with a mix of one and two- bedroom units (a total of 18 dwelling units). As suchl the building would thereforel require 31 parking spaces. The plans provide eight (8) garage spaces and ten surface parking spaces for a total of 18 spaces. The deficit in parking (for this building) would draw from the 13 excess spaces provided near the mixed-use buildings. Staff found this "shared" parking to be acceptable due to the close proximity of the excess parking from the mixed-use buildings. Staff does not anticipate a parking shortage for the rental units. The four (4) retail buildings proposed along Gateway Boulevard and the commercial component of the aforementioned mixed-use buildings would share the interior parking lot. The proposed commercial/offices uses would require 319 parking spaces. The site plan proposes 316 parking spaces. Againl staff does not anticipate a future parking problem. The site plan complies with code and no variances or waivers are required. Landscaping: The tree relocation plan (sheet T-1) indicates that site currently contains a variety of native and exotic trees. The proposed construction would cause either relocation or removal of certain trees, depending upon their current location, health, and species. BasicallYI 42 trees would remain in their current location while 86 would be relocated elsewhere on-site. A total of 54 trees would ultimately be removed. This process of tree removal/relocation would be overseen by the City Forester / Environmentalist during the time of permitting. According to the landscape plan, the commercial component would have 11 different categories of trees. The 11 categories are as follows: Accent palmi Accent tree, Buffer tree, Flowering tree, Palm, Parking lot tree, Shade tree, and Specimen palm. The landscape buffer along Gateway Boulevard would receive a majority of the relocated Oak trees. According to Chapter 7.5 of the Land Development Regulationsl the maximum tree spacing along rights-of-way would be 30 feet. The distance between the trees would vary between 20 feet and 40 feet. Therefore, staff recommends incorporating a cluster of three (3) native palm trees into the design of the landscape buffer (along rights-of-way) within the areas where the tree spacing distance is greater than 30 feet apart (see Exhibit "c" - Conditions of Approval). Foundation landscaping would occur around the front and sides of each multi- family dwelling building in order to enhance the visual appearance of the building and to promote privacy in accordance with Chapter 7.5, Article II, Section S.L. of the Land Development Regulations. However, no plant material is proposed along the front (north) side of the mixed-use buildings. Therefore, staff recommends installing either a landscape strip, potted plantsl or a combination of both along the front (north) side of the mixed-use buildings in order to enhance the appearance of the commercial space (see Exhibit "c" - Conditions of Approval). The landscape plan shows the detail of the Berm Cross Section (Garage) for the Staff Report - Quantum Park & Village South (MSPM 05-003) Memorandum No PZ 05-067 Page 6 proposed landscaping around the two (2) story parking garage. It shows palm trees and relocated oak trees are proposed around the south and east sides of the building. The berm would be 20 feet in width and generally occur on the "residential" component of the Quantum Park and Village South Master Site Plan. This is acceptable and meets the intent of the Land Development Regulations in terms of screening and buffering. Building and Site: The subject property represents the "commercial" component of the Quantum Park and Village South Master Site Plan. This plan proposes a four (4) story condominium building at 45 feet in height with an accessory two (2) story parking garage. The top of the decorative feature proposed for the garage would be 34 feet - two (2) inches in height. The condominium building would be setback over 40 feet from the west property line and 15 feet from the south property line. The parking garage is proposed with a setback of five (5) feet - five (5) inches from the south property line. A waiver was granted with the original approval of the Master Site Plan which allowed a zero (0) side setback rather than the required 30 feet. The parking spaces are proposed on the roof of the parking garage. Parked vehicles would be screened by the parapet wall. The plan also proposes four (4) retail buildings. The retail buildings would be one (1) story tall, with its decorative features proposed at 39 feet - five (5) inches in height at the highest point. The retail buildings would be setback 15 feet from the north property line. Again, a waiver was granted with the original approval of the Master Site Plan which allowed a is-foot front building setback rather than the required 30-foot setback. The three (3) mixed-use buildings would be two (2) stories tall, at 36 feet - three (3) inches in height at its highest point. Front doors for the mixed-use buildings would occur on both its front and rear facades. The entrance to the commercial space would occur on the north facade while the entrances to the dwelling units would occur on the opposite fac;ade (south elevation). The mixed-use building would be setback 64 feet from the south property line. Lastly, a two (2) story apartment building is proposed at 29 feet - four (4) inches in height at its highest point. The apartment building would be setback 38 feet - two (2) inches from the east property line and 26 feet from the north property line. All buildings would comply with the maximum height allowed in the PID zoning district and the setbacks (via waivers) approved with the Master Site Plan. The tabular data indicates that 13 One-bedroom units and 102 Two-bedroom units are proposed for a total of 115 dwelling units. Also, 71,708 square feet of commercial/office space is proposed. However, the floor plans do not show the breakdown between the uses. The traffic impact statement was approved for 14,342 square feet of general office and 57,366 square feet of general retail. The project would therefore, be limited to 57,366 square feet of retail space. For all intents and purposes, future restaurant space would be grouped within the retail square footage (see Exhibit "c" - Conditions of Approval). All proposed uses are permitted on Mixed-Use pods within the Quantum Park PID. The applicant informed staff that the residents who would reside in the mixed-use buildings and the two (2)-story apartment building would be allowed to utilize the pool and recreation facilities that were constructed as part pf the Villas at Quantum Staff Report - Quantum Park & Village South (MSPM 05-003) Memorandum No PZ 05-067 Page 7 Lakes (also known as Quantum Park and Village South Residential). The four (4)- story condominium building would have its own recreational facilities. Staff typically endorses the idea of constructing a full-sized clubhouse facility that could accommodate Homeowner Association meetings. No clubhouse is proposed. However, the 2nd floor plan (sheet A-26) for the condominium building shows a large "party room" that could provide the space for such meetings. The 3rd floor plan (sheet A-27) of the condominium building shows a large room for administrative offices. However, the site plan shows a hatched area proposed near the condominium building that is earmarked for 2,000 square feet of future office. This was not within the scope of this project and is not a part of this review (see Exhibit "C" - Conditions of Approval). Design: The proposed development is designed as a mixed-use project with hints of new urbanism principles. For example, the project proposes true mixed-use buildings where commercial space is proposed on the ground floor and residential units are proposed on the 2nd floor. These are not considered to be live-work units because there would be no internal connection between the two occupancies. Live-work units are not indicated on the list of permitted uses in the Quantum Park DR!. Also, the retail buildings proposed along Gateway Boulevard would be located close to the right-of-way while its parking areas would be relegated to the rear of the buildings. This concept invites pedestrian traffic and gathering areas in front of the buildings rather than the typical sea of asphalt that occurs in most suburban projects. The project proposes a modern Spanish-Mediterranean architectural theme throughout all of its buildings. This building style would be consistent with the "residential" component (Villas at Quantum Lakes) of the Master Site Plan. Also, the project proposes a multitude of earth tone colors of Benjamin-Moore paints. The proposed colors are indicated on the ledger-sized Color Schedule. These colors are consistent with the elevation pages. Each building would be enhanced with decorative towers and pre-cast coping I banding on the parapet walls. Also, retail buildings would have varying heights of the parapet walls. Other decorative features include the following: decorative stucco trim, railing, pre-cast inserts, decorative keystone, medallions, and decorative grille. Any awnings, if proposed on the buildings, would be manufactured by Glen Raven and generally placed over windows and doorways. Three (3) awning colors are proposed: off-white (Natural 4604-46), beige (Oyster 4642), and red (Jockey Red 4603-46). The applicant submitted photometric plans with this modification. The plans propose Sternberg "Boston 5800" light poles as its freestanding outdoor lighting fixtures. The actual light on top of the pole would be Sternberg's decorative model (Ripon-A). The 14-foot poles are proposed south of the mixed-use buildings near the residential areas and 18-foot tall poles, proposed within the interior parking lot. Wall sconces would also be used throughout the development. Signage: The front (north) elevations of the retail buildings and mixed-use buildings show the location of the proposed tenant signs. However, they do not indicate their size, material, or color. Staff cannot determine whether or not these signs meet code. Staff Report - Quantum Park & Village South (MSPM 05-003) Memorandum No PZ 05-067 Page 8 Therefore, staff recommends that the applicant submit a sign program during the time of permitting. The sign program would apply to the entire development (see Exhibit "C" - Conditions of Approval). A sign program ensures both material and aesthetic consistency for the project's signage. A detail of a typical project development sign is shown on sheet A-37. It shows that it would be a decorative monument-style sign but the detail does not indicate the sign type, materials used, or proposed signage area. Again, these signs would be a component of the sign program. The site plan shows that they are proposed at only one (1) entrance. It is likely however, that in the future, the applicant would subsequently request additional monument signs as part of their sign program. Regardless, the structures would have to be at least 10 feet from the property line with colorful groundcover plants installed at their base. They would require Quantum Park Architectural Review Committee review and approval. RECOMMENDATION: Staff has reviewed this request for master site plan modification and is recommending approval, contingent upon satisfying all conditions indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\SBMP 02-001 south\MSPM 05-003 Commercial\Staff Report.doc cr VI.-CONSENT AGENDA ITEM D.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) 0 April 19, 2005 April 4,2005 (Noon) I:8l June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF I:8l Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report f".) c-'~ , -<. -\,.,...} -".) , '-} ~':J '.)_.''''; (~..:;. RECOMMENDATION: Please place this request on the June 21, 2005 City Conumssion Agenda undect;.onse#f:': Agenda. The Planning and Development Board recommended that the subject request be approved on May 24, 2QQ5. 23;:;' For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-0$; ~~):> ,") ..... ..... EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Pylon Interstate Plaza (SPTE 05-002) Steve L. Cohen Chambers Properties, LLC 1501 Corporate Drive Request for a nine (9) month site plan time extension for the construction of a 29,419 square foot, two (2)-story office building, approved on February 3, 2004 (an extension to November 3, 2005) PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A ~ City Manager's Signature Deve ment epartment Director ~J~. Planning and 0 . ector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\SPTE 05-002\Agenda Item Request Plyon Interstate Plaza SPTE 05-002.6-21-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-058 TO: Chair and Members Planning & Development Board and City Commission THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP Planner DATE: May 6/ 2005 PROJECT: Pylon Interstate Plaza 1 SPTE 05-002 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Chambers Properties, LLC Applicantl Agent: Steven L. Cohen, President / Steven L. Cohen and Associates Location: 1501 Corporate Drive (see Exhibit "Aft - Location Map) Existing Land Use / Zoning: Office Commercial (OC) / Office Professional (C-1) Proposed Land Use/Zoning: No change proposed Proposed Use: Offices Acreage: 124/581 square feet (2.86 acres) Adjacent Uses: North: Right-of-way for Woolbright Road, then farther north is developed commercial property (Racetrac gas station), zoned Community Commercial (C-3); South: Vacant industrial (retention pond for Boynton Commerce Center) property zoned Planned Industrial Development (PID); East: Two (2) story office building in Phase One, then father east is right-of-way for Southwest 7th Court/ still farther east is developed commercial (Lowe's Home Improvement Center), zoned Community Commercial (C-3); and West: Right-of-way for Lake Worth Drainage District (LWDD) E-4 Canal, then farther west is developed commercial (First Southern Bank). A 60+1- foot portion of the subject property abuts developed residential property (Leisureville), zoned Single-family residential (R-1AA). Page 2 . Memorandum No. PZ 05-058 BACKGROUND The subject property is located at the southwest corner of Woolbright Road and Southwest 7th Court. According to pubic records, Chambers Properties, LLC has owned the property since September of 2003. On February 3, 2004, the conditional use / site plan (COUS 03-009) was approved for the construction of a 29,419 square foot, two (2) story office building. Offices are permitted uses in the C-1 zoning district. The maximum building height in the C-1 zoning district is 30 feet and the building cannot exceed two (2) stories. However, according to Chapter 2, Section 6.A.3., two (2) floors over under-story parking is allowed up to a maximum of 35 feet in height, but only via conditional use approval. Therefore, the ground "floor" would primarily consist of the parking lot under the building, storage area, and elevator shaft. The traditional office space would only occur on the second and third stories. It must be noted that the project was approved for a height exception (HTEX 03-009) of 18 feet - seven (7) inches. The parapet wall (which would screen the mechanical rooftop equipment) is proposed at 40 feet in height. The peak of the pitched standing seam metal roof (proposed above the elevator shaft) would be 53 feet - seven (7) inches in height and was the subject of the approved height exception. This is the second phase of a two (2) phase project. The first phase was approved in 1984. That site plan showed two (2) buildings for a total of 58,000 square feet of gross floor area. A site plan is valid for only one (1) year after a development order has been issued. The developer is required to secure a building permit within that year. Mr. Steven Cohen, agent for the applicant, is now requesting a nine (9)-month time extension, for the site plan (COUS 03-009), which was approved on February 3, 2004. If this time extension request is approved, the expiration date of the site plan, including concurrency certification, would be extended to November 3, 2005. The site plan would still be subject to the original 28 conditions of approval. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received both the application and the payment for site plan time extension on February 1, 2005. They were received prior to the expiration date of the site plan. According to the time extension application, Mr. Cohen states "the reason for the extension is that the financing of the project is just being finalized. Due to this time constraint, I am requesting a nine (9) month time extension". One informal criterion that staff methodically utilizes in the evaluation of a request for time extensions is the applicants' demonstration or willingness to complete the project in "good faith". The applicant can submit detailed plans to the Building Division in anticipation of eventually securing a building permit. Submitting building permit plans demonstrates "good faith" to the City that the developer is attempting to complete the project. As of today, the applicant has not submitted any plans for any type of building permit. A more formal criterion for evaluating requests for time extensions is a project's compliance with (traffic) concurrency requirements. On January 23, 2004, the Palm Beach County Traffic Division approved the traffic generation statement for 29,419 square foot of office build-out year of 2006. As of this date, the project currently has traffic concurrency which would expire after the anticipated build-out date. Lastly, staff considers if any applicable amendments to the Land Development Regulations have occurred, which Page 3 Memorandum No. PZ 05-058 should now apply to the subject project. No such amendments have been processed since the subject site plan was approved. RECOMMENDATION Staff recommends approval of this request for a nine (9) month site plan time extension and its accompanying request for height exception (HTEX 03-009). No new conditions of approval are recommended by staff with this request. The project would be subject to the same 28 conditions of approval from the conditional use / new site plan (CGUS 03-009) request. However, any additional conditions of approval recommended by the Board or City Commission with reference to this request for site plan time extension would be placed accordingly in Exhibit "c" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\SPTE OS-002\Staff Report.doc ... VI.-CONSENT AGENDA ITEM 0.4. ({(. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5, 2005 March 14, 2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) l:8J June 21,2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17, 2005 May 2,2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans ~J "')-4 NATURE OF l:8J Consent Agenda 0 New Business =,-< AGENDA ITEM 0 0 .. <':: c:> Public Hearing Legal ---',.\< -n ". .' --- l,j....; 0 Bids 0 UnfInished Business N '~C) 0 0 0'. Announcement Presentation 0 ~, City Manager's Report ,...5~ <.:? :'2 co ..:._~ r'f1 f'~ .~ ~') J.> RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under e<insetitl S2 ...... Agenda, The Planning and Development Board recommended that the subject request be approved on May 24, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05.069. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Grove Plaza Parcel B (MPMD 05-009) Lution Hill, KMA Investment Properties Grove Plaza B, LLC 3920 Hypoluxo Road Request for Master Plan ModifIcation approval to convert parcel "B" from a proposed 3,800 square foot bank to a 14,291 square foot offIce building, PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~ City Manager's Signature Devel kJJ Planning an~~ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza MPMD\Parcel B MPMD 05-009\Agenda Item Request Grove Plaza Parcel B MPMD 05- 009.6-21-05.dot S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 05-069 TO: Chair and Members Planning and Development Board Michael W. Rum;;1((!ll- Director of Planning & Zoning Ed Breese ~ Principal Planner THROUGH: FROM: DATE: May 6, 2005 SUBJECT: Grove Plaza - File No. MPMD 05-009 Master Plan Modification (Change on Parcel "B") PROJECT NAME: Grove Plaza - MPMD 05-009 LOCATION: Grove Plaza, southeast corner of Lawrence Road and Hypoluxo Road APPUCANT: Lution Hill, KMA Investments LAND USE/ZONING: Local Retail Commercial (LRC) / Community Commercial (C-3) NATURE OF REQUEST The applicant, Mr. Lution Hill of KMA Investments, is requesting to modify the Subdivision Master Plan for Grove Plaza. This development is located on the south side of Hypoluxo Road, just east of Lawrence Road (see Exhibit "A" - Location Map). The specific request is to modify the square footage and proposed use originally approved on Parcel "B" of the Grove Plaza Master Plan (see Exhibit "B" - Proposed Master Plan). Parcel "B" was initially approved for a 3,800 square foot bank. This master plan modification is requested to allow development of a 14,291 square foot office building on Parcel "B", in lieu of a 3,800 square foot bank. BACKGROUND/ ANALYSIS The subject property was formerly the location of a landscaping and nursery business until it was annexed and rezoned. On September 19, 1995, the subdivision master plan was approved with six (6) separate parcels, each of which would require separate site plan review and approval. In 1999, a major modification to the master plan was approved for the development of the first parcel (Parcel "A") and several changes to the remaining parcels. Parcel "A" was approved for a gas station (7-Eleven convenience store with gas sales). The remaining parcels consisted of the following: 3,800 square-foot bank on Parcel "B", 6,540 square feet of retail on Parcel "C", 9,000 square feet of retail on Parcel "D", a 3,600 square foot restaurant on Parcel "E", and another 3,600 square foot restaurant on Parcel "F". In July of 2002, the City Commission approved a master plan modification (MPMD 02-001) for a change in Parcel "E", from a restaurant to a one-story car-wash facility (Motor City Car Wash). The accompanying site plan (NWSP 02-007) for the car wash was approved as well. Then, in March of 2004, the City Commission approved another master plan modification (MPMD 03-003) for Parcel "F" to allow a 7,180 square foot retail building in place of a 3,600 square foot restaurant. The accompanying site plan (NWSP 03-027) for the project (Auto Zone) was approved as well. On June 1, 2004, the City Commission approved a modification to the master plan amending Parcel "D" from the previously Memorandum No. PZ 05-069 G~ove Plaza (Grove Plaza Parcel "B"), MPMD 05-009 Page 2 approved 9,000 square foot retail building, to an 11,972 square foot retail building, and the companion site plan at the same time. Then, in February of 2005, the City Commission approved the most recent master plan modification (MPMD 05-003) for Parcel "C" to allow a 6,832 square foot minor automotive repair facility in place of a 6,540 square foot retail building, and the requisite site plan at the same time. Each parcel is required to provide the minimum parking for their respective use as designated on the plan. The following summary indicates the required and provided parking for each parcel: Parcel Name Reauired Parking Provided Parking Parcel A 12 28 Parcel B 48 68 Parcel C 28 35 Parcel D 60 60 Parcel E 04 09 Parcel F 29 38 Throughout the master plan modification proposals, the applicant has continued to provide additional parking to accommodate the changes in use or intensity. In addressing the impacts associated with the master plan modification relative to Palm Beach County Traffic Performance Standards, the applicant's consultant, Kimley-Horn and Associates, concluded that the change does not result in an increase in the daily a.m. peak or p.m. peak hour trip generation over that previously approved. The statement was sent to the Traffic Division of Palm Beach County for their review and approval. Palm Beach County Traffic Division, on February 17, 2005, issued a letter of determination that the revised development plan generates less daily and peak hour trips than that previously approved, and therfore is in conformance with said standards. Additionally, the applicant is requesting to remove one of the "General Notes", which states, " All structures to be one story maximum". This general note was a condition of staff associated with the annexation, zoning and master plan approval in 1992. The building proposed for Parcel "B" is a two-story office building, that is 27 feet tall to the roof deck. The decorative molding atop the parapet walls, increase the building height from 30 to 32 feet, depending upon location. The maximum allowable height in this zoning district (C-3) is 45 feet. The maximum allowable height in the City's closest residential zoning district (R-1A) is 30 feet. The proposed building to be constructed upon Parcel "B" would appear to be compatible with surrounding residential, which is a mix of one and two story homes. Furthermore, the building proposed would be over 88 feet from the closest residentially zoned property. Finally, this is the last parcel to be approved for development within the Grove Plaza Master Plan. As a condition of approval, staff recommends, rather than removal of the restriction all together, that the language in the Master Plan be modified to reflect a restriction to two (2) stories, not to exceed 30 feet. This would also allow, per existing code, parapet walls of five (5) foot or less, in excess of the 30 foot limit. No other changes affecting the overall master plan are contemplated in this request by the applicant. RECOMMENDATION The Technical Application Review Team (TART) has reviewed this master plan modification request and recommends approval. Staff recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. ((( VI.-CONSENT AGENDA ITEM 0.5. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) [gJ June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17, 2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon) NATURE OF AGENDA ITEM '- "; --........\ -~:i -< D Administrative D Development Plans .. ,-" ~, \ \ [gJ Consent Agenda D New Business -........ -'.cJ r--:. "1 C.~) D Public Hearing D Legal 01 --'... --,... D Bids D UnfInished Business -0 .:~ '. ; -- D D -,-, Announcement Presentation (J') "-,1 OJ D City Manager's Report ,_":\"1i r...) cJJ> \'\" :r. RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under Consent Agenda. The Planning and Development Board recommended that the subject request be approved on May 24,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-071. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Grove Plaza Parcel B (NWSP 05-012) Lution Hill, KMA Investment Properties Grove Plaza B, LLC 3920 Hypoluxo Road Request for New Site Plan approval for a 14,291 square foot, two (2) story office building on a 1.116-acre parcel in a C- 3 zoning district. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~-< City Manager's Signature Develop .~<&jc-- ~ Planning and ZoningDir ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel B\NWSP 05-012\Agenda Item Request Grove Plaza Parcel B NWSP 05-012-6-21- 05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-071 STAFF REPORT TO: FROM: Chairman and Members Planning and Development Board and City Commission Michael Rum;;A'\l):J~ Planning and Zoning Director Ed Breese ~ Principal Planner THRU: DATE: May 16, 2005 PROJECT NAME/NO: Grove Plaza Parcel "B" / NWSP 05-012 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Grove Plaza "B" LLC Applicant: Mr. Lution Hill, KMA Investment Properties Agent: Mr. Lution Hill, KMA Investment Properties Location: Parcel "B" of Grove Plaza Replat, southeast corner of Hypoluxo Road and Lawrence Road (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 14,291 square foot office building Acreage: 1. 116-acres Adjacent Uses: North: Right-of-way for Hypoluxo Road, then farther north is Santaluces High School with an Institutional (I) land use designation (unincorporated Palm Beach County) and zoned Public Ownership (PO); South: Drainage Utility & Ingress / Egress Easement for Grove Plaza, then farther south is developed residential with a Medium Density Residential (MR-5) land use designation (unincorporated Palm Beach County) and zoned Agricultural Residential (AR); Staff Report - Grove Plaza Parcel "8" (NWSP 05-012) Memorandum No PZ 05-071 Page 3 Driveways: Tract "G" is the common area which accommodates the access drives, drainage, buffer wall, and landscaping for the Grove Plaza commercial/retail development. Tract "G" allows for vehicular ingress / egress to the subject site from Hypoluxo Road. The project proposes three (3) driveway openings from the subject property to Tract "G". These three (3) driveway openings would allow for both vehicular ingress and egress. Two (2) of the openings would occur along the subject parcel's west property line and one (1) along the south property line. The project would share and utilize Tract "G" with the other parcels. Each of the driveway openings onto Tract "G" would be at least 25 feet in width. Additionally, there is a cross- access drive between this parcel and Parcel "c" to the east. Parking Facility: Office uses require one (1) parking space per 300 square feet of gross floor area. Therefore, a 14,291 square foot retail building requires 48 parking spaces. The site plan (sheet A100) shows that 68 parking spaces are proposed to meet this requirement, of which three (3) are designated handicap. The site plan also shows that 90-degree parking spaces would be dimensioned nine and one-half (9112) feet wide by 18V2 feet in length. The 90-degree handicap spaces would be 12 feet in width with five (5) feet of striping. Parking areas would occur along the north, east and south sides of the building. As proposed, the vehicular back-up distance is 25 feet in width. A loading space has also been provided along the rear of the property. The proposed outdoor freestanding lighting structures would have to adhere to the design guidelines of the Grove Plaza Master Plan (see Exhibit "c" - Conditions of Approval). For example, the height of the light pole structures could not exceed 17 feet. According to the photometric plan, the proposed lighting levels along all sides of the property would be minimal. It should have no adverse affect on the neighboring parcels. Landscaping: The proposed pervious area of the parcel equals 10,636 square feet or 21.9% of the total site. The landscape plan (sheet L-1) indicates that approximately 64% of the trees, 68% of the shrubs and 70% of the groundcover would be native. Consistent with the Grove Plaza Master Plan, the width of the north (front) landscape buffer along Hypoluxo Road would be 15 feet in width, bermed, and contain Live Oak trees and a row of Redtip Cocoplum hedges. Additionally the north buffer would include Dahoon Holly trees, fire bush and purple lantana. A cross- section of the front landscape buffer is required to provide sufficient detail to ensure proper screening is attained on the site. Additionally, the installation and creation of the berm along the north buffer would be overseen by the City Forester / Environmentalist (see Exhibit "c" - Conditions of Approval). The west (side) landscape buffer would be 15 feet in width and contain Dahoon Holly, Pink Tabebuia and Pigeon Plum trees, Montgomery palms and a row of Lakeview Jasmine hedges. The width of the south (rear) landscape buffer would be 15.5 feet in width at the narrowest point and would contain Dahoon Holly trees and Redtip Cocoplum hedges. Finally, the width of the east (side) landscape buffer would be at least 2.5 feet wide and would contain Dahoon Holly trees, Montgomery palms and Redtip Cocoplum hedges. Staff Report - Grove Plaza Parcel "B" (NWSP 05-012) Memorandum No PZ 05-071 Page 4 Along the north side of the building, the developer proposes planting Montgomery and Thatch palms along with arboricola shrubs. On the south building elevation, the planting scheme includes 22'-26' tall Montgomery palms located between the rear doors and arboricola shrubs to enhance the lower region of the wall. Staff recommends the number of palms proposed for the south building elevation landscape strip be increased to soften the appearance of this two-story elevation. With the increase in the number of tall palms against the building, the 12 foot tall Dahoon holly trees planted in the 15.5 foot rear landscape buffer, the 20 foot landscape buffer at the south property line abutting residential properties, containing more mature plantings and a masonry wall, and the fact that the building is setback approximately 88 feet from this buffer wall, staff believes the building to be adequately buffered and screened. Building and Site: The maximum height allowed for new buildings in the C-3 zoning district is 45 feet / 4 stories. According to Sheet A300, the proposed building is designed as a two (2)-story structure. The top of the highest parapet wall is shown as 32 feet in height. The top of the typical parapet wall would be approximately 30 feet in height. The required front setback in the C-3 zoning district is 20 feet; the building would be setback approximately 88 feet. The required interior side setback in the C-3 district is zero feet. The project far exceeds this requirement, with the building setback 76 feet from the east property line. The required corner side setback is 15 feet, and the site plan provides for a 15 foot setback from the west property line. The building would be nearly 88 feet from the south (rear) property line. The site plan shows that the dumpster enclosure is proposed at the southwestern portion of the lot. It is landscaped on three (3) sides as required by code. The Engineering Division of Public Works has approved its location and angle with respect to the facilitation of trash removal. The proposed buildings and site design would generally meet code requirements when staff comments are incorporated into the permit drawings. Design: The project was reviewed in part, according to the standards as identified in the Grove Plaza Design Guidelines (1998). The proposed design is compatible with the surrounding built environment and would generally enhance the overall appearance of the commercial plaza. The principle building and trim colors (earth tones) are consistent with the colors of the Grove Plaza Design Guidelines (1998). The body of the wall area, which contains the greatest portion of mass, would be painted a cream color (Sherwin Williams - Cocoa Shell #2432). Other wall accent colors in recessed areas include brown and red (Sherwin Williams - Cattail Brown #2181 and Red Barn #2307). The accent moldings and pre-finished cornice proposed at top of the parapet walls would be white (Sherwin Williams - Alpine White #2427) and the decorative metal awnings would be painted red (Sherwin Williams - Red Barn #2307). These colors would be compatible with the Motor City Carwash, Auto Zone, and projects previously approved for Parcels "C" and "0" on adjacent lots, which will be painted tan, medium brown, and cream. The accent squares would be made with brick colored ceramic tiles, which will also match the color of the decorative metal awnings. To further promote the objective of the design Staff Report - Grove Plaza Parcel"B" (NWSP 05-012) Memorandum No PZ 05-071 Page 5 guidelines, the developer has incorporated many of the same accent features from the retail building approved, but not yet constructed, on Parcel "0" into this proposed office building, including the corniced parapets, decorative metal awnings and decorative tiles. Signage: The maximum allowable sign area is based on the linear frontage of the front fa~ade (facing Hypoluxo Road). The elevations (sheet A300) show the proposed location and area for walls signs. Each sign will be required to conform to a uniform style and color, other than those nationally recognized tenants. The site plan (sheet Al00) shows that a freestanding monument sign is proposed at the northwest corner of the property. It would be setback 10 feet from the north and west property lines. The Grove Plaza Master Plan Design Guidelines restrict the sign to a maximum area and height of 60 square feet and eight (8) feet - six (6) inches respectively. The base colors must be white or off-white. The detail of the proposed monument sign shows that the structure would be eight (8) feet - six (6) inches in height and 10 feet in width. At the present time, Century 21 is the only tenant indicated. As with the individual tenant wall signs, the lettering type, style and color proposed for the monument sign will be required to be consistent for all tenants other than those that are nationally recognized. RECOMMENDATION: The Technical Application Review Team (TART) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\grove plaza\Parcel "S"\NWSP OS-012\Staff Report.doc VI.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fir.al Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5,2005 March 14,2005 (Noon.) rg] June 7, 2005 May 16, 2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF rg] Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal ~J ;. 0 Bids 0 Unfinished Business 0 0 -<: Announcement Presentation 0 City Manager's Report or\ J:;;!Jo J ':-; --I __j&o..o< ----,~ ~ ~ . .'_;. -i-I ", (:::J r--" ".: --1 ':l-j -~~ RECOMMENDATION: I..D :~~~co Motion from the City Commission to approve the donation of$5,000.00 to the Boynton Beach P.A.L. for a trip to ~io~~ PAL basketball tournament. ~ ) ....~- EXPLANATION: The Boynton Beach PAL has requested assistance with the expenses for a trip to Kentucky for the National PAL basketball tournament. The tournament will be held June 28 to July 2,2005 in Lexington, Kentucky. We will have one team representing the City of Boynton Beach. Funding will be from the Federal Forfeiture Treasury Fund. PROGRAM IMPACT: FISCAL IMPACT: Funding this request will have no fiscal impact on our budget. Federal Forfeiture Treasury Fund account 691-5000-590-04-23 $5,000.00. AL TERNA TIVES: .~/~-;Z~... . -,.... > ~//7/ ~ // tC-/ ?--< .. 'Department Head's Signature Police Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM FROM: Marshall B. Gage Chief of pOlice.~ . ~< Lisa Lillie~ Sergeant, " Uniform Services DATE: April 8, 2005 FILE: TO: SUBJECT: REFERENCES: State PAL Basketball Tournament ENCLOSURES: April 1-3, 2005 was the State PAL Basketball tournament in Titusville Florida. Officer Tome took three teams to this tournament, 10 & under, 12 & under and 14 & under. All three teams played extremely well and represented the city in an honorable manner. The 10 & under team placed third in the state and each child received bronze medal; the team also received a trophy. The 12 & under team placed fourth in the state and the team received a trophy. The 14 & under team placed an amazing second in their division of the state tournament. Each child received a silver medal and the team received a trophy. They accomplished his despite the fact that they had only six players available. Two of the star players were unable to attend due to prior engagements. This team, when fully staffed, would stand a strong chance at winning the National PAL title, therefore, Officer Tome is requesting additional funding so that this team can represent the City in Kentucky at the National PAL tournament from June 28-July 2,2005 ) Fact Sheet 48t.h Annual Nat.ional PAL Basketball Championship ~~~2' Jur'r; 2/-,.dl'.,~, 2TY-, 1* L p~,nqtrn, KY . " ,. Code of Conduct Re.gl$_tr~1;iQn forms in .doc format Registration IeClmRQster forms in .pdf in .doc format Team Roster in .pdf Make your hotel reservations online now! Click here. DIVISIONS Boys & Girls 18 Under Open 16 Under Open 14 Under Open 12 Under Open 10 Under Open ENTRY DEADLINE Entry forms, fees, rosters, waivers and proofs of age must be received at the National PAL office no later than the Friday, May 31, 2005. PHOTO ID CARDS Each participating player/ coach is responsible for going to the National PAL website and downloading ID cards for the event. Each ID card shall have the participant/ coaches picture on it as well as information regarding what PAL they are from. These are to be worn at all times during the event with exception to games. Click here for more information. ENTRY FEE $295.00 per team. Mail check or money order (NO cash please) payable to National PAL. Send all entries USPS certified return receipt requested or via overnight delivery if you require entry verification. SECURITY DEPOSIT Each chapter will be required to pay a $200 security deposit(check or money order made out to National PAL) to be handed in at the time of registration. This deposit will not be cashed unless needed for tournament violations or protests. If the deposit is not used the check will be returned at the conclusion of the event. RULES The playing rules for this tournament FORMAT A pool play system will be used in the National Championship for all age divisions. There will be four (4) teams per pool when possible. Teams from each pool will advance to a single elimination championship bracket. ROSTER Rosters must be typed. A maximum of 12 players and 3 coaches will be allowed. Teams may send photos. Any roster changes must be made by May 31st. Under no circumstances will changes be accepted after May 31st. PARTICIPANT / COACHES MEETINGS Each participant/ coach will be required to attend MANDATORY meetings to sign the National PAL Code of Conduct as well as listen to various rules and regulations. Individuals missing their respective meeting will be dealt with as outlined in the National PAL Code of Conduct. PROTESTS Protest can only be submitted based on a rules infraction not on judgment calls. Protests must be in writing and turned in to the basketball chairman within 2 hours of the completion of the game in question. All protests must be accompanied by $100.00 fee. EJECTIONS Any player/coach ejected from a game for un-sportsmanlike conduct shall be suspended for the following game. Suspended player/coach may not sit with or behind the team. Fighting will not be tolerated. Excessive intolerable behavior could result in expulsion form the tournament for a player, coach or team. DISCIPLINARY ACTION http://www.nationalpal.org/events/2005/Basketball/index.htm Page 1 of 3 5/4/2005 Fact.Sheet shall be the National Federation of State High Schools Association rules for the current year except where modified by National PAL rules. Games will be 8- minute quarters except the 10 and 12 & Under divisions which will be 7 minute quarters. AGE CUTOFF September Players age on or after 1, 2005 September 1, 2005. Born on or after la/Under September 1, 1994 (Can not be 11 prior to September 1st, 2005) Born on or after 12/Under September 1, 1992 (Can not be 13 prior to September 1st, 2005) Born on or after 14/Under September 1, 1990 (Can not be 15 prior to September 1st, 2005) Born on or after 16/Under September 1, 1988 (Can not be 17 prior to September 1st, 2005) Born on or after lS/Under September 1, 1986 (Can not be 19 prior to September 1st, 2005) HOTEL INFORMATION Lexington PAL has arranged for housing accommodations at the Holiday Inn - Lexington North. This year's Championship will give all participants a sports festival- like atmosphere and we encourage all teams to stay at the host hotel to enhance the "sports village" concept. The host hotel will also be the focal point of all non-competitive activities. Be sure to make your hotel accommodations as soon as possible. To register for hotel accomodations online, click here. The Holiday Inn -Lexington North is the official headquarters for the 2005 National PAL Basketball Championships. Stay there! National PAL will take a firm stand on disciplinary action at all National events. If any portion of the Code of Conduct is not adhered to the violating party will be dealt with as outlined in the Code of Conduct. PROOF OF AGE Proof of age can come in several forms: 1. Photocopy of birth record from state, county, or municipal Bureau of Vital Statistics. 2. Consular Service form FS-240 "Report of Birth" issued by US Dept. of State. 3. Immigration & Naturalization form 1- 25 form #43-R311-7 issued by US Dept. of State. 4. Copy of official school record or transcript. 5. Photo I.D. issued by state, city, county, or school. 6. Drivers license PHOTO ID Photo ID may be requested at any time to verify player's identity. AWARDS 1st, 2nd, and 3rd place medals will be awarded along with 1st, 2nd, and 3rd place team trophies. REFUNDS/CANCELLATION POLICY Withdrawals made prior to the Monday, Friday, May 31, 2005 deadline will receive a 50% refund of the entry fee. Any team withdrawing after Monday, May 31, 2005 will forfeit its entire entry fee. GRACE PERIOD Teams will be given a ls-minute grace period after the scheduled start of the game to arrive at the playing site. Tentative Schedule Dav / Date IActivitv Site trime Mon. June 27 Reqistration 2-5PM Players Mtq. 5:30 -7PM Coaches Meetinq 7-8PM http://www.nationalpal.org/events/2005/Basketballlindex.htm Page 2 of 3 5/412005 Fact-Sheet Tue. June 28 Preliminaries Venues 9AM-TBD Wed. June 29 Preliminaries Venues 9AM-TBD Thur. June 30 Preliminaries/ Seed MtCl. Venues 9AM-TBD Fri. July 1 Preliminaries Venues ~AM- TBD Sat. July 2 Finals trBD *REGISTRA TION/COACHES MEETINGS ARE MANDATORY. ONE COACH REPRESENTING EACH TEAM MUST ATTEND ALL MEETINGS OR THEIR TEAM WILL BE IN VIOLA TION OF THE CODE OF CONDUCT. ENTRY CHECKLIST . Official Entry Form . Individual ID Cards for each participant/ coach . Entry Fee - $295 . Security Deposit - $200 . Team Roster . Liability Waiver - for each team member . Proof of Age - for each team member . Entry Deadline - May 31, 2005 CONTACT PERSON Seth Wilson, National PAL Events Phone - (561) 844-1823 mm Fax - (561) 863-6120 Back to Events Registration forms I fX1 will require the L::J Acrobat Reader to open. Click here to download the reader free if you do not already have it. http://www.nationalpal.org/events/2005/Basketballlindex.htm Page 3 of 3 5/4/2005 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM G. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Office D AprilS, 2005 D April 19, 2005 D May 3, 2005 D May 17,2005 March 14,2005 (Noon.) [g] June 7, 2005 D June 2], 2005 D July 5, 2005 D July 19,2005 May 16,2005 (Noon) April 4, 2005 (Noon) June 6, 2005 (Noon) April 18, 2005 (Noon) June 20, 2005 (Noon) May 2, 2005 (Noon) July 5, 2005 (Noon) NATURE OF AGENDA ITEM D Administrative [g] Consent Agenda D Public Hearing D Bids D Announcement D City Manager's Report D Development Plans D New Business D Legal D Unfinished Business D Presentation , -) :-) ---I - / M-1-'" -< (-:) ) .,., ,g -;-, ~ -';... ,~ ::t '0 "._1 ----... r-,;) '.j 'TJOJ .-P1 ()"';> iTJn - ,~" f-' RECOMMENDATION: Return cash bond of$13,267.00 to First Baptist Church of Boynton Beach for the project known as the First Baptist Church. EXPLANATION: On January 24,2005, the Building Division sent to the Finance Department a cash bond of$13,267.00 for the completion of the permitted work for the project known as the First Baptist Church located at 301 N, Seacrest Blvd. The work has been completed and the Certificate of Occupancy was issued on April 22, 2005. PROGRAM IMPACT: None FISCAL IMPACT: None irector Quintus L. Development Department Department Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC first 8aptlst BOYNTON BEACH 30IN. SeacrestBIvd. Boynton Beach, FL 33435-4069 (561) 732-5151 ",ww.fustboynton.com May 4, 2005 City of Boynton Beach 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Sir or Madam: 7?~ 00, f/7o/tJr ~K- fc)~ 4~~ On April 22, 2005, First Baptist Church of Boynton Beach received our Certificate of Occupancy. At this time, we are requesting the return of our surety bond in the amount of $13,267.00. If you have any questions regarding this matter, please do not hesitate to call. Thank you for your prom,:t attention to this matter. Sincerely, timb~ ([ ~/lLK- Kimberty J. SaItrese Financial Seaetary ,,;; i ~ Ww ~ ~f <fIYi c2rPJ i Ma' dQ)<O, b~ M1fYl&/'1 \r MI1JU, rjJMfl"d1J ~-I-D ~, . ~/1s;;?w j) Janelle N. l8mbeft I to J My ComrnIIIIOn 00212141 \i ~..... Oectmber 20. 2007 EXHIBIT "A" Marc Ramirez, Associate Pastor Keith Baker, Worship & Music . , DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 05-017 TO: Bill Mummert, Director of Financial Services FROM: Don Johnson, Building Official f')fj DATE: January 24,2005 SUBJECT: CASH BOND - FIRST BAPTIST CHURCH - 301 N. SEACREST BLVD. Attached are Cashier's Checks for $6,117.00 and $7,150.00 from the First Baptist Church. These are cash sureties for the First Baptist Church and are to be held until all outstanding issues of their temporary Certificate of Occupancy is completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Paul T. Worrell, Architect and checks XC: Timothy K. Large, Building Code Administrator Permit File # 03-244 EXHIBIT "B" S:\Development\BUILDING\Memos\Cash Bonds - 2005\First Baptist Church 03-244.doc REMITTER FIRST BAPTIST CHURCH DATE 1/2012005 I ~ C I TV OF 8O\"NTON BE."\CH ORDER ~ Sb~ Thousand anti Hu.ndt'ed Seventeerl THIS DOCUMENT HAS A MICRO-PRINT SIGNATURE LINE, AUTHENTIC WATERMARK, AND CHLOROSTAIN PAPER; ABS NC w ! . CASHIER'S CHECK / II' REMITIER FIRST BAPTIST CHURCH DATE 1/28/2805 I ~O CIT\' Of" aOYUTOU OCAClI ~1HE ~ = ORDER !: ~ Se.....en Thou,sand One Hundred ~"'------'-"~'~'-1 I $ t""",~ ,..1..15D...ad Fifty ; THIS DOCUMENT HAS A MICRO-PRINT SIGNATURE LINE, AUTHENTIC WATERMARK, AND CHLOROSTAIN PAPER; ABSE E CASHIER'S CHECK II' II- DO? 5 ... 511-~ -j-!: 0 b ? 0 J.... B 2 21: ------------------------------~------------------------~---------------------------~ I I I I I I {. I I I I I I I I I I I I I t I I I I I I . I I CITY OF BOYNTON BEACH Boynton Beach, Florida 38862 DEPARTMENT FOR , EXHIBIT "C" I _! I ", I ',. The Maddox Group January 19, 2005 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 RE: First Baptist Church 301 N. Seacrest Blvd. Boynton Beach, FL 33435 Gentlemen: The Weitz Company has satisfied all of the new building construction requirements for a Certificate of Occupancy and is requesting a temporary Certificate of Occupancy. However, we understand that the items mentioned below (which have separate permits) will have to be completed prior to the issuance of a permanent Certificate of Occupancy. Therefore, this is to certify that the amount of money that will be required to complete the items associated with the above referenced property (which are contracted directly by the Owner) are as follows: A. Re-roofing of existing buildings - $6,117.00 B. Identification Signs at property corners - $6,500.00 The Church will provide you with two (2) separate checks for the items listed above (plus 10%) which is understood to be refundable upon completion of the work and issuance of the Certificate of Occupancy. Should you require anything further please feel free to contact The Weitz Company or my office. " 11- oG Paul T. Worrell ARCHITECT AROO10310 xc: Mr. Rob Baker (First Baptist Church) Mr. Jeff Harris (The Weitz Company) EXHIBIT "D" Architecture Interiors Construction Development 1266 First Street, Suite 9, Sarasota, FL 34236 · Tel: 941-955-7358. www.themoddoxgroup.com ArChitecture Fox: 941-955-7360 · Construction Fox: 941-953-4246 MC 001683 CBC ~9033 VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 AprilS, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May 16, 2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 1, ") 0 0 ...." ',-.- Bids UnfInished Business :::~' '-.~... -:' 0 Announcement 0 Presentation c~, 'J 0 City Manager's Report '~~""'" r:"J c.) 1 c.,'J .-,'] -",7,.: """)""--1 RECOMMENDATION: Motion to approve the "SURPLUS COMPUTER LIST" as submitted by the Warehous',9-nd a.ll6\V for the disposal of same. r . "~7;;; '-.J_ rr 1 '" :"')..,.." Procurement Services requests Commission's review, evaluation and approval to dispose of the surplus property: r; ...,~ -.. EXPLANATION: Procurement Services has reviewed the "SURPLUS COMPUTER LIST" submitted by the Warehouse Manager (see attached memo dated May 2,2005). Procurement Services concurs with the disposal of this surplus computer equipment. PROGRAM IMPACT: The disposal of the surplus computers will provide inventory space at the warehouse, Parts from these computers and various components have been placed in other City computers. AL TERNA TIVES, The" is no nthe< alternative but to dispose of this S"'Pl~ i.~nt. __ ..e~~ F~ Signature ~ignature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Dominic DeMauro - Warehouse Manager File CIl CIl CIl - t;1 - ~ 00 a'Q" a'Q" a'Q" 0--,3 0--,3 tIi tIi ""rl:;C ::l ::l ::l ~ ::t ~ 0 0--,3- P> P> P> - ~ ::t~ Z ..... ..... n ~ c t;1 0 ..... ..... ~ ~> 0 0 tIi 0 0 0 "<:\\ ~ CIl '0 oj ....., ....., ....., 0 n D. :;c 0 '\ .'\ n tIi :;c ..... tIiZ ..... 0 ..... ~ CIl - a'Q "'tip '< ("') a'Q" ~ ',' n ~ 0 ~" C) ~O ~ <" S" 0 :;c - P> S" a - l=tl 0 ..... o--,3tIi ::l S" CIl Z JJ"" ~"'ti P> (Jq "'ti 0--,3 (Jq - z~ (Jq 0 0 0 -"" ~H 0 0 0 ..... 0 CIl :? 0--,30--,3 "0 0 ~ ~ - go ]('\ P> "0 0 0 0 0 0--,3 -"" ~~ ..... - <: 0 ..... ~ P> ..... ..... 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ZCl.l Ot;e ......tIi >-3...... >-3Z 00 >-3>-3 ~~ """' ,,-- """' n CI.l CI.l~o ......'!j ~ 6" ~ >-3 tIi ~~~( \ ~~ ........ ~ ::--r ~ 0 ~ >>-3 00 ~~ Clio 0>-3 :iJ~ ......:::c no tIitIi '!j'tJ ~~ ~>-3 'tJ~ :::ctIi oZ <,>-3 ~>-3 , ~ CI.l a z > >-3 ~ """' ...... !Q ~ ;r ::!,~ -g, :::c; ~D o ~ :=3 tIi ~ o tIi CI.l n :::c ~ o z '0 e- o "" >-3 ::r ~ ::l < o ::r n' E ;g o ~ ~~ .~ ~ Qr;. 0' ."" o ...... n -:...- <f) C1 ~ n ~~a ::L~() o :tt:;6 ..-- w )-J 0 .......) '-^J "!'j ...... >0:: ~ > tI'.l tI'.l tf:! >-3 tI'.l I >-3 ~ Z tI'.l "!'j Itf:! ~ .... tI'.l "CI o tI'.l .... >-3 .... o Z ~ tf:! ~ tf:! tI'.l >-3 ~( J.1ro(os-& The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Mary Munro, Assistant to the Finance Director Dominic DeMauro, Warehouse Manager ~ FROM: DATE: May 2, 2005 SUBJECT: Surplus Computers Enclosed is a list of computers that the Warehouse has picked up for disposal from the Police and ITS Department. These CPUs have been stripped and various components have been placed in other City computers. Please go to Commission for permission to dispose of these. Palm Beach County thrift store no longer accepts computers unless they are in working condition. If you should have any questions, please feel free to contact me at 742-6324. 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(S' > = (l (II Z....., tr1 $g,o::gFO -:-- ;- t'" ~O 00 en' e:: :;0 l' tri 'it: ....:l >-3 ....:l (1)-01:1:I" '-' (II tTl> ~Gi~tTl'Tl :;oz ~Ol'gF ~o ~n 0""" '-'~>zl' 'Tl:t CJZtTlO ~ ~ 'TltTl ZOI:l:l- -:;0 l' n no ><-<~ (s' ~' ..:t::.. -, tTltTl CJtTl'TlC: (1) ~~ ::s n 'Tl""Ci Gic:zI:I:I en 0> (1) 0 0 'Tl e:: 'it: ::s -- ::s ;:tl:;o 00->....., '-' =t ~ =t >....., >&2Z- ~ ~ ""Ci3:: Gi.....,no 'it: '-^J~ ""CitTl " (5 I~ ~ '-' ~Z GiZZ'Tl -..J <......, .....,l'....., >....., r/J$:-<:t l':t tTl >- tTl Z"""'Tlr/J r/J :-l>"""25 - l'tTl~ ~ l':;O > ....., e:: Gi The City of Boynton Beach C(( Finance Department WAREHOUSE DIVISION TO: Mary Munro, Assistant to the Finance Director FROM: Dominic DeMauro, Warehouse Manager ~ DATE: May 16, 2005 SUBJECT: Surplus Computers Enclosed is a list of computers that the Warehouse has picked up for disposal from the ITS Department. These monitors are unable to be sold separately some are no longer usable. Please go to Commission for permission to dispose of these. Palm Beach County thrift store no longer accepts computers unless they are in working condition. If you should have any questions, please feel free to contact me at 742-6324. CC: Bill Mummert- Finance Director RECEIVED MAY 1 7 2005 :.~~7Y~ERVICES_ Department Description Fixed Asset Number , ITS V700 Monitor N/A ITS V710 Monitor N/A ITS V710 Monitor N/A ITS V700 Monitor NfA ITS S700 Monitor N/A ITS V75 Monitor N/A (Zl (Zl , -. (Zl .~ ~. ~' I , ~ ~ I - ~ f tri <: I Cll Cll I s::: ~ - 0 Cll I tri ~ 00 0 ...., ...., 0 <: "rj~ () ~ ~~ I () s::: ~. 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office D April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) IE June 21,2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrative D Development Plans ) .. )--f NATURE OF ~ Consent Agenda D New Business ~ AGENDA ITEM D D -, ~-.. Public Hearing Legal '..~'- D Bids D Unfinished Business :,.J <.:.J -..' D Announcement D Presentation D :!~ .' --j City Manager's Report --' ., " .. r~ C~'; RECOMMENDATION: ..... ~:::,.=;:; -- \ ) ~~" Accept a Change Order request to install 32 round concrete poles, 30' above grade, with our choice of stahdaiB f) colors, anti-graffiti coating, at an additional cost not to exceed $12,987, at the Tennis Center around courts 1-1 cr and 13-14. This will raise the cost of this project to $231,307. The original proposal received was for 32 square concrete poles, 40' above grade at a cost of$218,320. (,) EXPLANATION: . At the May 17,2005 meeting, the City Commission accepted a proposal from c.R. Dunn Inc. to install 32 square concrete poles, 30' above grade, with four 1000-watt metal halide fixtures at the Tennis Center around courts 1-10 & 13-14. The original budget estimate for this project was $200,000. Actual cost proposal was $215,120. · Staff considered the installation of 40' round concrete poles, which would cost $244,494. The American Sports Builders Association (ASBA) is a national organization for builders, designers and suppliers of materials for tennis courts and other sports facilities. Among its responsibilities, the ASBA sets industry standards for construction of tennis courts. As it relates to lighting fixtures, the ASBA recommends that they be placed in such a way that players do not have to look directly toward a light behind the opposite side of the court when serving or during normal play. For this reason, lighting fixtures located at the corner of the courts should be on poles no less than 35'. All the new poles will be installed on the sides of the courts. not the corners. · Staff also considered the installation 000' round concrete poles, which would cost $231,307. The ASBA acknowledges that new designs in high intensity discharge (HID) lights have reduced the required mounting to approximately 20' with good uniformity, low glare, reduced amounts of spill light onto surrounding areas, and easier maintenance than on higher poles. · Although it is acknowledged that fixtures mounted at 40' above grade will provide better light distribution, staff believes that 30' poles are a suitable alternative, and substituting the square poles with painted round ones with the anti-graffiti coating will still provide a more durable product with the expected aesthetic improvement. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMP ACT: The round concrete poles, 30' above grade, which include our choice of standard colors and anti-graffiti coating, will provide a more durable and aesthetic product. These poles with HID lights, installed at the sides of the court will provide adequate lighting without interfering with players' line of sight. FISCAL IMPACT: C. R. Dunn, Inc. is currently under an annual contract for Recreation & Street Lighting Installation, Repair & Maintenance with the City of West Palm Beach (Bid #01/02-48). The City is "piggy-backing" the City of West Palm Beach's contract, which ensures we are receiving competitive prices. $305,000 is available for this project in the Capital Improvements Program budget, account #302-4212-580-63-05. The original budget estimate for this project was $200,000. The "change order" will increase the project cost to $231,307 ALTERNATIVES: · Replace lighting at the Tennis Center as per the original proposal to install 32 square concrete poles, 30' above grade, at a cost not to exceed $215,120 · Replace lighting at the Tennis Center as per the proposal to install 32 round concrete poles, with our choice of COlor.s, .anti-graffiti coating, and 40' above grade, at a cost no;z;;::t to ex eed $244,494. . Do not replace lights at the Tennis Center. /-z~ '?Department Head's Signature City Manager's Signature Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC c. R. Dunn, Inc. F;lectrical Construction 1202 Pepe Lade I Lake Wortb~ FL 33460 (~61) 58S 2155/ fu (561) 585 ]1.13 [C OOi}Jt97 EC 0001144 PROPOSA.h-.._ To: City of Boynton Beach Alln Mr. Bob HowelJ Polto January 27, 200S Prl">j<ct; Congre$9 Park Tennis Facility Wo 'Ilbm*.be A>llovrPlf pr<lp)alllu )'W OR ~ 4;l(l.nJlck.-UlJ N..~!he iIlbm.tioo III t....i. propoMJ j,.... to be at>..,.d wltlI ..",. otIlc: JlOl'8OIt whbOllI our 'MIlton perm;loiQll. J'!'opo,../ pen.!N 10 the Mo~ plam UId tlIJtOilitwti1llt5. Fun:Ush and install 32 square concrete poles with four 1000 watt mew halide fJXtnres each to ligbt eight sets of double courts. The poles win be 40' aboVl: gradtl. Tltis proposal incjud~ electrical permit, .Illld signed and sealed wine: loads 80d photometries. Permit fee is not included. Photometries wif) be verified with [jiht meters after installation. The actual wanage per court wiJJ stay the same.as existing so the el(:ctrkal service will not have to be upgraded. We win make changes in the comroJ panel so that two courts are co:atroJled together along with associated mftOO plates, etc. This proposal also includes removing tbe existing above grade junction boxes -from tbe exi$ting poles. All boxes will be flush on grade. Where the junction bc)KS and ClC:btiJlg Hghts come up through concrete walks, we wilt remove a 2' x 2' square aOO pour new concrete. We will remove all flxtures and dispose. We will remove all poles thaI are not put of~ fencinglbackstop. Existing poles in the center between two courts will be (:ut offbeIow grade. Concrete below grade will be left in plaCe and covered. Lump Sum $118.320.00 Note; We will make eve1Y etlOrt to protect surrounding property, however heaV)' e-quipmem may damage or crack the sidewalks and leave ruts. We wilt not be responsibJr: fur repair because thete is 00 way to eSlUnste potential damage. All r>ftheexisting . backstop/fencing is to be re))lOved by others. c. R. DUNN INC. -~......... ~...~....... ..... ...... ..-... ......... ..,. .......... ....... ................................; ~.... ................................. ..........-.... ................... ..-..... ..- . ..-....--.-............ .......... ......."..... 1202 Pope Lane IlAlke Worth, FI. 33460/ (56J}58S 2155/ filx (561) S8.5 JIn EC 0001097 EC OOOJ 144 April II, 2005 Mr. Bob Howell Boynton Beach Recreation and Parks 31 J J S. Congress Ave. Boynton Beach, FJ.33425 Re: CongTe8S Park Tennis Lighting Dear Mr. Howell, You have asked me for more information on three issues. The purpose of this letter is to respow to your questions. 1) Can we mount the light fixtures at 30' above grade? The G.E. lighting n:p says yes we C8h. U~e quality oflight spread is better at 40' above grade, however- the lighting will still work. To go with square concrete poles at 30' above grade deduct $3,200.00 from the quoted price. 2) What is the cost to use round concrete poles? To provide 30' above grade mouotingheiglli with a spun concrete Ameron pole, your choice of standard colors and anti..gramti coating Wju!d add $12,987.00 to the quoted price. These are top quality poles and wouJ.f be worth tbe oxpensr if it is within budget. 1 wiU get you some literature. 3) You need a breakdown according to our contract with The City ofWe;o;t Palm Beach. Poles and Fixtures $97,672.00 Miscenaneous Materials $29,273.00 Foreman @ $38.00/hr x 325 MS. $12,2Sc-.OO Journeyman @ $35.00/hr x 975 hrs. $34>125.00 Apprentice@ $25.001hr. x 650 hrs $16,250.00 Crane@$125.00lhrx J20brs $15,OOO.(-l() Bucket Truck @ SJ5.00/hr x 185 hrs $6,475.00 Auger Truck @ $35.001hr x 185 hrs $6,475.00 Pole Trailer @ $10.001hr x 80 hrs. $8QQ.QQ Total Price $218,320.00 3,;1.0D.- J hope this answers aU your concerns. PlellSe call me ifJ can be of further assistance. G~G~ Charles G. Fitch. V.P. Ma':.; 24 05 ill! C.R.DUNN, INC. 561~E51;']J FAX COVER SHEET 'll~ .-,--( [ " I' '-'. ~'_~-; ;-~--L'_,U ~:1 ",' j--; oi ,'.' (:i)ll I' ----- S('l1ll w. Jolly Rivers From: Chuck Fitch Date: May 24, 2005 -- - - Company: C ii Y of Boynton Beach I l-......-... .....,.__.n. ..---. I Office hcatinn: i I:" ""ml"~ 741(.033__=. Regarding: Tenni:> Facility Phone number: T,'tai p,jges including cover: I Comnu:nts: Pd olir conversation this morning. The decmative concrete poles with a 40' mounting height would be a $:~E, 1711.()() adder to or; ginal quO!,;. TIll' (01("" availahle a:> standard are: Green. l3Iack, Bronze, Brown, Grey and !~I.l!l Cui;'! ~!I;" IksHe ilvailable l_ p. 1 -1 . -I,' 1 - -l _.J -- -i CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM J. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17, 2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) ,..,-.\ ,- c.:> D Administrative D Development Plans --\--, ..-...... -' NATURE OF ~ Consent Agenda D New Business N w AGENDA ITEM D Public Hearing D Legal ...1._ -0 ~-.4 D Bids D Unfinished Business =~: - "-r"CC D Announcement D Presentation .. ...; \"11 <..n l-'-''"r.> D City Manager's Report 1'0 ;"0 ::c RECOMMENDATION: Accept a Change Order request to use nine (9) gauge steel core fabric fencing with a six (6) gauge vinyl finish at a cost not to exceed $14,500 at the Tennis Center around courts 1-10 and 13-14. EXPLANATION: At the May 17,2005 meeting, the City Commission accepted a proposal from Martin Fence Co. to remove existing chain link fence at the Tennis Center around courts 1-10 and 13-14 at a cost not to exceed $80,010.44. The vendor recommends the use of fencing that includes a six (6) gauge vinyl finish for longer life and less bowing after prolonged use. PROGRAM IMPACT: Although more expensive, the vinyl finish will provide greater protection for the fencing from naturally occurring wear and tear, which will extend the use of the product. FISCAL IMPACT: Martin Fence Co. is currently under contract with Palm Beach County (Contract #04-127- PR). The City is "piggy-backing" the County's contract, which ensures we are receiving competitive prices. $305,000 is available for this project in the Capital Improvements Program budget, account #302-4212-580-63- 05. The original estimate for this project was $105,000. The "change order" will increase the cost of this project to $95,510.44. ALTERNATIVES: Do not accept the "change order" request and replace fencing at the Tennis Center as per original propo:?---.z /~ tld;p ~ Q , Department Head's Signature- City Manager's Signature Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM. DOC 05/19/28[15 i :,r, '1h1 848'~455 MART n,j FENCE I MARTIN FENCE CO. .~ I i I , I ~, ~ r; IJ ; , h i-.J ::: () ,. T I' '-, " I i . I F I i I ! c. I 1.-\ ! "j iJ ,1, \ ! ~, c ! 1 i I : ~J , ';l ,~.;lN-._ ~~r F N]E 01/02 862 13th STREE'T,LAKE PARK, FL~)fUDA 3~" ;'~~3a3 TELECOPIER TRANSMITTAL COVER' S:SEET /",. . llA rE: ~ -!cf"'(fJ~. PLF:'o\.SE D,ELIVER d .? TillS COMMUNICATION TO dLq~r~f7"Z;;;;; (~i:1#: ,____ / /1 j/. . ....-. .\TTN: ~b-f /1fA.?U&. J FROM:~.t2~M8 FAX: 7# ~~~if.!I___ SUBJECT&~~Al6%'r ~z-r //~. J~~~7~f{{?~.'. ~V~~~. #~/f9r&P~;'~9)t?J':;rf""q- .,:l':}~~-:~f~.. , /'&i't?l6>~c,~or.fJ~S-?Ir&~n/M'~~ ~~~5-~527f,/ ~. . # ~,~ / ~. . .#lct..JLZ:'C'~c:e/...s -P/3; ~~~.?~~~~~~~ .4 ?:e:;:1ft{tMF~ /~~~.t5.v:,iJ#/?1~J &::/~ .::1~R~~ i '" I' $-/ ~Q:~C~t::l ~,~ 6'~./';%.,c.. ~ #h2J?pi t~~~' 5/~:'< .1' h y;. 'l/.-- d /~~~.!i" //~t:>_C/3'~ ~ /; H6 P.L>/7;..J1~~.i....;::;~A: ~/%~ /14(e:~-6' .,4i:6:0r fte:#<<, ;~/#"~ /t. I~t-.: c~? aJ,[/f;; Tht; information contained in this facsimile message is client :PRlVll..:EGF..D CON FIDENTlAL and is iateuded only for the individual OJ' Imti1.)' named iu I s Ira ilsmission sheet. H the reader of this message is not the iutend ed recipieDl t~mpJoyee or agent respoWlible for deliveiing it to the intended, y"t) are herd uotified thatdisseminati~n, distributioD or copying ofthi, (ommunicatioo h prohibited. Please immediately notify us by telephone. THE TOTAl. NUMBER OF PAGES (lNC~UDING COVER.s.HJ:ET) FO!: fIS TRANS1\UTTAL IS..L. PLEASE CA.I.1. (561) 848~2688 IFYOU DO ;~O'i RECEIVT: A.LL OF TIDS TRANSMISSION. THANK VOL! i-/\I M BEACH: 56i,848.268oSeTOLLFREE: 1,877.777<:212. FA>( bhU,L Residential - Commercial - Indw;t;'iaJ ;~ ._ r' .L .~;,~~ PI!? . .~;)/.:?(t-. ,J.--- (.~/ ~~7" ~~~. ~'~~~ ': .? /;' d"..v'?IlM'C77' "D i .("tIy ;,( ) " 85/1'3/2085 5518484455 MARTIN FENCE : 58 CATALOG PRICES REPORT CUST. NO. 40~0275 PCAT: OUS1OMEF( MARfIN.''fIercE, COMPANY" 1Nit:l Bfl/'t)/rI(J T"o~ f?RQl)'-'C1.!Q DESC~~CN 16182 e}l.FH)rAj:i~:.~S 1S" 16133 SAR6TA~E"GG 1{)" UOM COIL COIL NET P~RI{;E $GO.Don $43.40 BE peAT; If).M t;l!truoed eel PRQOU.f.TJ!2 DEs"cRJP;t!!i1t! 01815 Ex~~ad<KaK 01876 eXZXe~:KK BK 0187& EX 2)(9"",iKT BK ,0,$80 EXZXQ)ffi4l(TI3K NET PRIC~ $2.72 T7 $2.41:)'1 $4.091~ 55.30 ~1 $6.0815 $8.89 75 ~OM FT FT FT FT 01 SS2 EX .2X9X~.~T al~ FT 01898 ex 1-:,/.;;<9X'I20 KK 6K FT - ----.--- -- PCA T' Ws;. ExtooedlBonde!:l eeL f'RODUCTlQ, QI;~j:j~~i~ 019S3 ES ZX8X48.1<K BK 019911 6S 2X8,'i(6Q:I<K BK 01995 EB 2X6X:l2'KT BK 01996 El'J 2X~~KT BK Oi9S7 eEl 2X~XgeKT SK 59814 E!'l2.xaX12.0':Kk BK . 59620 ES 1.3r4tX8X1:2.0 KK BK __li.9.t=\5$_______E.e.J.-':.~~JSlS.!:1~ peAl': :@1g FlIs8dlBondBd eeL F AGE 02/02 YQM ~m~\Cg FT $6.09'~8 FT $7.62"" n $9.14!16 FT $10.67!i6 FT S12.19!19 FT $9.43<i4 Fi $12.11",3 FT $18-00110 ~.._-_.. eRQQUITrn. DESC~j;!Q~ 5975-; FB2X~:ta:KK BK 59758 FB 2X8X60,Kl<BI< :)9761 FB2X8X72KT6K 5@767 FB 2X8X84)(T8K I,,' 59773 i=S 2Xe~9El:K:r 8K peAT' J.!l.1?i Y.Q.M . FT FT FT FT FT PO~~~.14l.~ NET PRies $6,23'.1 $7.15'13 $8.98~'G $10.82(,1 $11.98~7 ~jj:.IJ!H aE,ac~l~iION 65301 PC MJ ~::318JGs9X21' SI:; BI<. l!QM FT t.l~~'CI~ S1.90f7 VI.-CONSENT AGENDA ITEM K. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5, 2005 March 14,2005 (Noon.) [8] June 7, 2005 May 16,2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20,2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [8] Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Authorize the use of Community Investment Funds from Vice Mayor McCray to the MDM Foundation Trip to Orlando, Florida. EXPLANATION: Commission approval is requested for allocation of $2,000 to the MDM Foundation Trip to Orlando to provide a day at Universal Studios, a day at Disney, breakfast with the Disney characters and accommodations for 32 youngsters. Funds will be disbursed on a reimbursable basis. The following criteria must be followed: . MDM Foundation must provide the number of students attending from the City of Boynton Beach along with their names and addresses. PROGRAM IMPACT: Allocation of funds will assist in accomplishing this trip for the children from Boynton Beach. FISCAL IMPACT: Funds are budgeted for this type of activity. Each Commissioner has $10,000 in Community Investment funds to allocate, subject to Commission approval. AL TEZ"~authO';ZO the "quested expeud;tu". Department Head's Signature ~ City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: May 25,2005 Requested by Mayor/Commissioner: Vice Mayor McCray Amount Requested: $2,000 Recipient/Payee: MDM Foundation Trip to Orlando Description of project, program, or activity to be funded: Provides for a day at Universal Studios, a day at Disney, breakfast with the Disney characters and accommodations for 32 youngsters. Dated:S;/; 0 j' By: l-1 /h/~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $7,000 has been used to date by the requesting Member, leaving a balance of available funds of $3,000. This request would bring the available amount down to $1,000. Accordingly: )Q. There are funds available as request d D There are insufficient funds available s requested. S J.J.(, los / I Dated: By: Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: a'"" The proposed expenditure of funds will not result in improvement to private property; D The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and IIit' Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. JJ' MDM Foundation must provide number of students attending from the City of Boynton Beach along with their names and addresses ~ Disbursement of funds will be on a~ S /:2~ loc By: City Manager " S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\McCray - MDM Foundation.doc, 5/25/2005 Ma~ 24 2005 2:52PM HP LASER JET 3330 p.2 ALCEE L. HASTINGS 2 ')'1:[) CONGRIi,seONAL DISTR;CT FLOF,I,OA RULES COMMITTEE PERMANENT SEL.ECT COMMITTEE ON INTELLIGENCE I I (tnngrtllll of 14t 1Initeb I &tat.ell ijUUDt l1f Ittprellentat~.t!i llUa!il1iugtnu, DOL ;:!051510923 May 24, 2005 I FLORIDA DELEGATION VICE CHA,IRMAN UNITED STATES HELSINKI COMMISSICf'I SENIOR DE!I/10CRATIC WHIP Hon. Mack McCray 806 NW 4th Street Boynton Beach, FL 33435 PLEASE RESPOND -0: o 2235 R'Y8UR~ BULON" WASH,OIOTON, DC .O~1 5.0~23 T."'''''ONE: (2021225.1313 FA'<: 1202) 226.1171 o 1701 W. ::>..",,"," PA~K Bou..'...., SUIrE 200 F', L..<uaE~O.CE. FL 33311 Toeo."o..: lU 4\ 733 2800 rA": 1915.) 735.9444 o 57;6 COftPORATE 'IV...., SUITE 208 WUT PALM lluo.... FL 33407 r,lEOHoNE: (5&1 I MI4-05&5 FA.: 166',; 6S4..J€13 www .lleee~ estlng. ,haul..go 1,/ Dear Commissioner McClay: It's that time again. time for Congressman Aleee Hastings', Mikel's and Dona's annaal MOM FouIldation trip to Orlando, FIO. rida. As you know, we provi~. a day at Universal Studios, a day at Disney, breakfast with the Disney characters and acconuno tions for 32 youngsters. This year's trip will be from Saturday, June 4 through Tuesday, Jun 7. Many ofthe children who will attend this year's event reside in the Boynton Beach area. i I I know we can count on your support. We need you to make ~ contribution in the amount of $3,000. Please make your check payable to MDM FoundatioIlj. me., and mail it to 4781 N. Congress Avenue, #109, Boynton Beach. FL 33426. Please b€:t sure that we receive your check by Friday, May 27. We are very grateful for your support. It ~11 really help us make a difference in the lives of these children. MJ:lg Sincerely, ~4~ Mikel D. Jones, ijsq. District Representative PRINTED ON RECYCLED P,","€R ~,. Division of Corporations Page 1 of2 Florida Non Profit MDM FOUNDATION INC. f......'.....__...............~-.-~. PRINCIPAL ADDRESS 4781 NCONGRESSAVE#109 BOYNTON BCH FL 33426 MAILING ADDRESS 4781 N CONGRESS AVE #109 BOYNTON BCH FL 33426 Document Number N02000006902 FEI Number 141879428 Date Filed 09/1012002 State FL Status ACTIVE Effective Date 09/09/2002 Registered Agent Name & Address CORPORATE CREA TrONS NETWORK INe. 941 FOURTH ST MIAMI BCH FL 33139 Officer/Director Detail I Name & Address II Title I NICHOLS-JONES, DONA P c:J 4781 NO. CONGRESS AVE. #109 BOYNTON BEACH FL 33426 JONES, MIKEL G 4781 NO. CONGRESS AVE #109 BOYNTON BEACH FL 33426 NICHOLS, PAULETTE c:J 4781 NO. CONGRESS AVE. #109 BOYNTON BEACH FL 33426 http://www .sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n1 =N02000006902&n2=NAMFW... 5/24/2005 Division of Corporations Page 2 of2 I Report Year II Filed Date I I 2003 II 05/01/2003 I I 2004 II 05/01/2004 I I 2005 II 05/01/2005 I Annual Reports No Events NoN ame History Information I>ocurnentIrnages Listed below are the images available for this filing. 05/01/2005 -- ANNUAL REPORT Q5/01/2004 -- ANNUAL REPORT 05/01/2003 -~ ANNUAL REPORT 09/10/2002 -- Domestic Non-Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&n 1 =N02000006902&n2=NAMFW... 5/2412005 ,2005 NOT-FOR-PROFIT CORPORATION ANNUAL REPORT DOCUMENT# N02000006902 Entity Name: MOM FOUNDATION INC. FILED May 01, 2005 Secrefary of State Current Principal Place of Business: New Principal Place of Business: 4781 N CONGRESS AVE #109 BOYNTON BCH, FL 33426 Current Mailing Address: New Mailing Address: 4781 N CONGRESS AVE #109 BOYNTON BCH, FL 33426 FEI Number: 14-1879428 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( ) In accordance with s. 607.193(2)(b), F.S., the corporation did not receive the prior notice. Name and Address of Current Registered Agent: Name and Address of New Registered Agent: CORPORATE CREATIONS NETWORK INC. 941 FOURTH ST MIAMI BCH, FL 33139 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Date Electronic Signature of Registered Agent OFFICERS AND DIRECTORS: Tille: Name: Address: City-St-Zip: Tille: Name: Address: City-St-Zip: Title: Name: Address: City-St-Zip: ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS: DP ( ) Delete NICHOLS-JONES, DONA P 4781 NO. CONGRESS AVE. #109 BOYNTON BEACH, Fl 33426 Title: Name: Address: City-St-Zip: ( ) Change ( ) Addition DVP ( ) Delete JONES, MIKEL 4781 NO. CONGRESS AVE #109 BOYNTON BEACH, Fl 33426 Title: Name: Address: City-St-Zi p: ( ) Change ( ) Addition OS ( ) Delete NICHOLS, PAULETTE 4781 NO. CONGRESS AVE. #109 BOYNTON BEACH, Fl 33426 Title: Name: Address: City-St-Zip: ( ) Change ( ) Addition I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated in Section 119.07(3)(i), Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered. P 05/01/2005 Date SIGNATURE: DONA NICHOLS-JONES Electronic Signature of Signing Officer or Director VI.-CONSENT AGENDA ITEM L. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 AprilS, 2005 March 14,2005 (Noon.) [8J June 7, 2005 May 16,2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Authorize the use of Community Investment Funds from Commissioner Ensler to The Service Corps of Retired Executives, known as SCORE. EXPLANATION: Commission approval is requested for allocation of$I,OOO to the organization known as SCORE for the purpose of inaugurating an Adult Education Program at Boynton Beach Community High School. Their focus is to provide information and know-how to those residents interested in starting and managing their own business. The expectation is to provide scholarships to 40 students. The following criteria must be followed: . SCORE must disclose the name and address of the residents receiving the scholarship funds. . SCORE must disclose the process by which the resident was selected for the scholarship funds. PROGRAM IMPACT: Allocation of funds will assist in supplying scholarships to eligible residents. The City Commission needs to decide on one of the following options: . Option One - Funds available on reimbursement basis . Option Two - Provide funds in one lump sum payment FISCAL IMPACT: Funds are budgeted for this type of activity. Each Commissioner has $10,000 in Community Investment funds to allocate, subject to Commission approval. Decline to authorize the requested expenditure. ~ City Manager's Signature Department Head's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: May 19,2005 Requested by Mayor/Commissioner: Commissioner Bob Ensler Amount Requested: $1,000 Recipient/Payee: SCORE Description of project, program, or activity to be funded: Inauguration of Adult Education Program at Boynton Beach Community High School. Focus is to provide information & know-how to those interested in starting and managing their own business. Expectation is to provide scholarships to 40 students. Dated: S - /Yc05 By: nL/h~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $3,500 has been used to date by the requesting Member, leaving a balance of available funds of $6,500. This request would bring the available amount down to $ 5,500. Accordingly: '}( There are funds available as request o There are insufficient funds available Dated: .5 b.iPID ~ By: I I Part 111- Eligibility Evaluation (to be completed by City Manager) ~ The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; ~ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and cY' Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. (3'" SCORE must disclose the name and address of the residents receiving the scholarship funds. S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Ensler - SCORE.doc, 5/24/2005 I!I"'"" SCORE must disclose the process by which the resident was selected for the scholarship funds. Dated: s\~c;.\O\ By: J2r~ City Manager S :\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Ensler - SCORE. doc, 5/24/2005 SCORE@ Counselors to America s Small Business Tel: (561) 981-5180 Fax: (561) 981-5391 www.score-chapter412.org mail@score-chapter412.org South Palm Beach Score Chapter 412 . 7999 North Federal Highway. Suite 201 . Boca Raton, Florida 33487 May 17,2000 Mayor Jerry Taylor Vice Mayor Mark McCray Commisioner Mike Ferguson Commisioner Carl McKoy Commisioner Bob Ensler Gentlemen, The Service Corps of Retired Executives, known as SCORE is sanctioned by the Small Business Association of the Federal Government. There are over 400 chapters nation wide each serving specific communities. Chapter 412 serves those who reside in Boynton Beach. Our focus is to provide information and know-how to those interested in starting and managing their own business. We especially desire to direct our efforts to the "minority residents (African American, people of color from the Islands, Hispanics, etc.)" who are interested in starting such an endeavor. Chapter 412 is inaugurating a program at the Boynton Beach Community High School in their "Adult Education" program starting in September, 2000 and runs 2 hours per week, on Mondays, for thirteen weeks. We have made provision for a maximwn of forty students. The teachers are volunteers from SCORE who are expert in particular areas (Marketing, Finance, Minority Assistance, Business Plans, Internet use, Insurance, Licensing, Franchising, etc). This program is further supported by "one-on-one" follow-up meetings with our counselors for further advice for as long as the client requires help. The cost to underwrite this program is a modest $3200 and it is our expectation that Boynton Beach will underwrite this cost so that these 40 students can receive scholarships. If we are successful with this approach we will seek to interest others in your forward thinking and participation. As the leader of this project I hope that this subject will be on your agenda at the June 7, 2000 meeting (at 6:30PM) at which time I will be available to answer any questions. We here at SCORE look forward to working with you on this project. Yours truly, Paul Margulies Project Leader 59 Cambridge Lane Boynton Beach, Fl. 33436 Our Mission: Provide professional guidance and information, accessible to all, in order to maximize the success of existing and emerging small businesses in South Palm Beach County Sponsored by the u.s. Small Business Association Affiliated with Lynn University and South Florida Manufacturers Association CITY OF BOYNTON BEACH MEMORANDUM TO: Kurt Bressner, City Manager J David N. To1ces, Assistant City AttomeV FROM: DATE: May 20, 2005 RE: Donation to SCORE It appears that SCORE meets the criteria as provided in Resolution R03-137. SCORE indicates that the cost to underwrite the program is $3,200.00. We would recommend that SCORE provide information delineating as to how funds received from the City would be used. The Commission can then determine what appropriate safeguards should be put in place with respect to the use of the funds. DNT /lms S:\CA\MEMORANDUM\Transmittal - to KB (SCORE).doc VI.-CONSENT AGENDA ITEM M. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office 0 AprilS, 2005 0 April 19,2005 0 May 3, 2005 D May 17,2005 March 14,2005 (Noon.) o June 7, 2005 [8J June 21, 2005 o D May 16,2005 (Noon) April 4,2005 (Noon) June 6, 2005 (Noon) April 18, 2005 (Noon) NATURE OF AGENDA ITEM o Administrative [8J Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report July 5, 2005 June 20, 2005 (Noon) c _ July 19,2005 July 5,2005 (Noon) ')-~f -::;.. ...j-< ~'. ;,. .- -,' , .1".J1lI . "q 0 Development Plans c..,.) 0 New Business ... ~'._- ~ .,-1 0 Legal C) .r:::- -~-J :..!: .'''1 0 Unfinished Business " ." co U1 '-Pl CJ1 (-;-;:. 0 Presentation ; .., c:) ..... May 2, 2005 (Noon) RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of May 2005. EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager". PROGRAM IMP ACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization as defmed in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. AL TERNA TIVES: Revert back to the old bid threshold of $1 0,000.00. Financial Services/Procurement ~~~n Assistant to he Director of Financial Services S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED MAY 2005 1. Vendor: Frederico, Inc. Requesting Department: Development/Community Impr Purchase Amount: Contact Person: $ 16,270.00 Ocatvia Sherrod Brief Description of Purchase: Demolish sub-standard building to make room for 3 - 5 new single family homes. Source for Purchase: Piggyback - School Bd of PB Co Fund Source: 122-2418-554-49-61 Housing Prog-lnfill Constr Purchase Amount: $ 13,070.00 Contact Person: Peter Wallace 2. Vendor: Pictometry International Corp. Requesting Department: I.T.S./G.I.S. Brief Description of Purchase: Oblique aerial images, digitally collected. Imagery area flown to include City limits, Fire/Police zones, Utility service area, along with the area sectors surrounding our City's Golf Course. Source for Purchase: Sole Source Fund Source: 001-1511-513-49-17; 405-5000-590-96-02; 405-5000-590-96-04; 405-5000-590-96-09 GIS & Utilities The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to :1mmiSSion as required. City Manager Approval: ~t'~ Date: ~-\ 0-0," Presented to Commission for information on June 21, 2005. 1 of 1 VI.-CONSENT AGENDA ITEM N. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon) D April 19,2005 April 4, 2005 (Noon) [gJ June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) . . , '.~-' --4 - --I .--1.-;.... D Administrative D Development Plans ::.C.'.' .:~.:. :;:; -). '1 NATURE OF [gJ Consent Agenda D New Business -< ~ OJ AGENDA ITEM D D f'~~ ---; c:-) Public Hearing Legal U1 -' _...: ~'''''-~ D Bids D UnfInished Business ;po ..; --i :1t (:) D Announcement D Presentation --..>' 6 .'.I~- ~"-qCO D City Manager's Report -rrl cJ::l> c....:; ; 110 == RECOMMENDATION: Return cash bond of$31,454.50 to Southern Homes of Palm Beach III for the project known as Murano Bay (Bldg. # 4). EXPLANATION: On December 16, 2004, the Building Division sent to the Finance Department a cash bond of $31,454.50 for the completion of the permitted work for the project known as Murano Bay (Bldg. # 4) located at 4000 Murano Bay Drive. The work has been completed and the CertifIcate of Occupancy was issued on May 18, 2005. PROGRAM IMP ACT: None FISCAL IMP ACT: None Development Department Department Name Quintus L. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC BOYNTON BEACH 561-742-0211 DAVIE 954.423-4221 MIRAMAR 305.829.7250 HOMESTEAD 305.247-5677 NORTH MIAMI BEACH 305-940-4028 NAPLES!FT.MYERS 866-330-0AKS 239-992-8777 MELBOURNE 321-723-9595 CORPORATE HEADQUARTERS 12900 SW 1 28th Street Miami, FL 33186 305-971-0102 _._.~, &f-fo~ -t~ e'Or .:J~~ ~jt~05 May 20, 2005 Mr. Don Johnson Building Official City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, FL 33425 RE: Murano Bay Surety Dear Mr. Johnson: z,u J 0/- At this time I am requesting that the City of Boynton Beach return the cash surety posted by Southern Homes for the above referenced project. Southern Homes is requesting that the city return the $31,454.50 that was posted in December of 2004. If you have any questions, please calf me at 561-723-4050. Thank you fo our assistance in this matter. EXHIBIT "A" Southern Homes, 3103 S Federal Hwy, Boynton Beach, FL 33435 561-742-0211 phone . 561-742-3224 fax CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE o F OCCUPANCY PER MAN E N T Issue Date 5/18/05 Parcel Number . . Property Address 08-43-45-22-06-000-0670 4000 MURANO BAY DR BOYNTON BEACH FL 33435 Subdivision Name Legal Description COQUINA COVE SEC 2 (LESS E 30 FT) PLANNED ZONED DISTRICT Property Zoning Owner . . . SOUTHERN HOMES OF PALM BEACH Contractor SOUTHERN CONSTRUCTION & DESIGN 305 971-0102 Application number 04-00000377 000 000 Description of Work TOWNHOUSE Construction type . TYPE IV/UNPROTECTED Occupancy type RESIDENTIAL Flood Zone . . . . A-5 FLOOD ZONE Special conditions BUILDING #4 FINISH FLOOR ELEVATION 11.12 10.6 FLOOD ZONE C MAP/PANEL 120196-000 Approved VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "B" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 04-288 TO: Bill Mummert, Director of Finance FROM: Don Johnson, Building Official ~ DATE: December 16, 2004 SUBJECT: CASH BOND - MURANO BAY (Bldg. # 4) - 4000 MURANO BAY DR. Attached is a Cashier's Check for $31,454.50 from Southern Homes of Palm Beach Ill. This is a cash surety for Murano Bay (Bldg. # 4) and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Antonio Quevedo and check XC: Timothy K. Large, Building Code Administrator Permit File # 04-377 EXHIBIT "C" S:\Development\BUILDING\Memos\Cash Bonds - 2004\Murano Bay-Bldg. 4 04-377.doc III .08 251..111 1:0 2 20008 b81: b8000 1..08 :'8 I.. ? 11 2111 _.:I:a."":'N:fla"]~I=-:;f'l"~(et:{'III~lt.":f::r:':.II:aI:IJ...'"II.Itllll'd::llil..tI:'.'il[tt:l......II.I..I:.C'I:f.'.J.,.,......'~lt...~"II.I...:I....:lI:{eJtlj.~'.':f~C:r:.I.J~I:I......'.:I.II:.I.I:IJ.'i'lI..:I.....II'j.I...:I=-.(tt:..:t.."t.I.J~I=-I"..:I..I'JlI.I.l_ ~---~~------------------------~---------------~----------------------------- RS CITY OF BOYNTON BEACH Boynton Beach, Florida 38803 20m FOR $ I----------~------------------------------------------_____________________~_____ EXHIBIT "D" K&B INC KEITH & BALLBE, INC. Consulting Engineers 2201 West Prospect Road, Suite 100 Fort Lauderdale, Florida 33309 Phone (954) 489-9801 Fax (954) 489-9802 December 15, 2004 Mr. Don Johnson, C.B.O., Building Official CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: MURANO BAY Engineer's Project Number: 21-03-23 Dear Mr. Johnson: Pursuantto the City of Boynton Beach requirements, the following is a summary of the final "punch- list" items on the above referenced project. The associated costs have been included for bonding purposes. 1. Landscaping ($5,000.00) 2. Repair and install fence along Shore Drive ($5,000.00) 3. Relocate F.P.L. transformer pad from unit No.20 ($11,995.00) 4. Prepare and submit final as-built drawings ($2,000.00) 5. Raise three existing sewer clean-outs ($500.00) 6. Submit density test reports ($500.00) 7. Complete and obtain approval from F.D.O.T. ($2,000.00) 8. Complete pavement markings ($500.00) 9. Repair broken curb ($1,100.00) Based on the above mentioned items, the 110% bond amount will be $31,454.50 for this project. Thank you for your assistance in this matter. If you have any questions or require additional information, please do not hesitate to call our office. E,INC. uevedo Registered Engineer Number 59471 State of Florida xc: Hector Garcia, Southern Homes, Inc. Tom Pagnotta, Southern Homes, Inc. EXHIBIT "E" G:\PRomCTS\210323 - Murano\correspondencelDon Johnson.wpd VI.-CONSENT AGENDA ITEM O. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) r8] June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) I -....; 0 Administrative 0 Development Plans ~.~ ; J -< _."'~ 0 " ;.0. (~~'\ NATURE OF r8] Consent Agenda New Business c~. ~ -",' AGENDA ITEM 0 -, f-\' 0 Public Hearing Legal f'-.,) .,""-.1 c.n ~,.::) 0 Bids 0 Unfmished Business .~ -< .,.-- :bt )-~ 0 0 -.',;;'- Announcement Presentation -..... c.;) -'..... C3 ~- 0 City Manager's Report c'- .V ':-) rT1 .... :..> l"rlC'") ::r: RECOMMENDATION: Return cash bond of $66,562.1 0 to Mouw Associates, Inc. for the project known as the Bethesda Hospital Parking Garage. EXPLANATION: On March 25, 2005, the Building Division sent to the Finance Department a cash bond of $66,562.10 for the completion of the pennitted work for the project known as the Bethesda Hospital Parking Garage located at 2815 S. Seacrest Boulevard. The work has been completed and the Certificate of Occupancy was issued on May 19, 2005. PROGRAM IMPACT: None FISCAL IMP ACT: None ALTERNATIVES: No 'I ~ City M):" ::~,",eJ L~4J~J- City Attorney / Finance / Human Resources Quintus L. Development Department Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC D0~ z V~ fi; (l,D/) ~ rjJroS DATE: May 20,2005 ill IE MAY 2 0 ZOOS 00 BUILDING TO: Don Johnson City of Boynton Beach FROM: Gary Cooper, Project Manager RE: Bethesda Memorial Hospital Parking Garage 2815 So. Seacrest Blvd., Boynton Beach Please be advised that we have now obtained our Certificate of Occupancy for the above-mentioned project. We would now like to have our deposit check that was issued to the City of Boynton Beach, in the amount of $66,562.10, by means of a Bank of America Cashier's Check dated 3/24/05, returned to us. Your prompt response to this request is appreciated. Thank you. anager EXHIBIT "A" . General Contractors 409 NE 3rd Street. Delray Beach, Florida 33483 · Telephone (561) 276-9640 . FAX (561) 265-3886 ", CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 C E R T I F I CAT E o F OCCUPANCY PER MAN E N T Issue Date 5/19/05 Parcel Number . . Property Address 08-43-45-33-01-001-0030 2815 S SEACREST BLVD BOYNTON BEACH FL 33435 MELEAR PUD SEACREST HILLS SUB PB25P74 LTS 3 & 4 BLK 1 SINGLE FAMILY (5.40) Subdivision Name Legal Description Property Zoning Owner . . . BETHESDA MEMORIAL HOSPITAL Contractor MOUW ASSOCIATES INC. 561 276-9640 Approved Application number Description of Work Construction type . Occupancy type Flood Zone . . . . Special conditions BETHESDA MEMORIAL HOSPITAL PARKING GARAGE FINISH FLOOR ELEVATION 27.1 LAG 26.5 FLOOD ZONE B MAP/PANEL 120196-0003 C 9/30/82 BUi~~i 04-00000629 000 000 GARAGE TYPE VI/UNPROTECTED VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "B" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 05-049 TO: Bill Mummert, Director of Financial Services FROM: Don Johnson, Building Official ~9 DATE: March 25,2005 SUBJECT: CASH BOND - BETHESDA HOSPITAL PARKING GARAGE 2815 S. SEACREST BL YD. Attached is a Cashier's Check for $66,562.10 from Mouw Associates. This is a cash surety for the Bethesda Hospital Parking Garage and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letters from Tamara West and check XC: Timothy K. Large, Building Code Administrator Permit File # 04-629 EXHIBIT "C" S:\Development\BUILDING\Memos\Cash Bonds - 2005\Bethesda Hosp Parking Garage 04-629.doc Bankof America. .w Cashier's Check No.3987231 III 3 11 8 ? 2 3 . III I:.. I.. 0 0 0 0 . 111: 00. b I.. .00 20 b 2 III l-----------------~____~___ -----------------------------------~------------------- I ~ I I I I I I I t I I I I I I I : FOR I I I I ,/ I ,--. i ! $ lp ~~~)4~.) 0 .. ... . . ... . '. . ......... .. .. ........ ... .. ....., J ~,~~;:\li:~...-~~~;;;;,;.,{~::;:~.k.'~":~~t,}~"tl>i"~,::JL&.:;..,~/-h~~~~,,<i~iL~:~~~j}~,;.~;$(.;:~~~:.:-~~IO.:.::~'~"'~.,;,~-:~".lLti;',.;,~.:S.i_~~j~t~,~i..li;l:.;'4-,i~~(';~~oj\/di~~.-;~'--~ '::f"i.;,~~:;1.;~'~\~i<tli,{&j~-r~7i,:.';;illw1;-.,;i;;;1i;~~\I~,,,.!i;~J}l~'l-:t;<;i~ CITY OF BOYNTON BEACH Boynton Beach, Florida 39040 2005 RS . EXHIBIT "D" Kilday & Associates Landscape Architects / Planners 1"551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 . Fax (561) 689-2592 E-Mail: info@kildayinc.com MEMORANDUM Date: March 24, 2005 To: Ken Mason Sunflower Landscaping Fax - 561-495-1746 From: Tamara West Subject: Bethesda Hospital Parking Structure Landscape Installation ~. vJJ 3;&'1,6 Our File: 352.22 Pursuant to my phone call with Mr. Kevin Hallahan, City Forester for the City of Boynton Beach, FL, he has advised me on how to quantify the deficient plant material for the purposes of obtaining a bond for the outstanding landscape issues at the above referenced project. It is my understanding you will assign a cost to these quantities. 1. 16 ~ Cattley Guava do not meet the specified height of 12'. The installed height is an average of 9' . 12'-9' = 3' 3' x 16 trees = 48 trunk feet Therefore, it would take 5 - 9' ht. trees to mitigate for the lack of installed trees meeting the minimum specified height of 12'. 2. The slick trunk Sabal Palms instead of the booted Sabal Palms are acceptable. will forward in writing to Mr. Hallahan a memo reflecting this. 3. 12 - Washingtonian Palms were not installed on the north side of the parking structure due to interference with canopies of the existing Live Oak trees. Pursuant to a meeting in the field with you, Mr. Hallahan and myself. It is my understanding that Mr. Hallahan would agree to installing 1 -10' ht. multi-trunk Silver Buttonwood in the location of the Washingtonia Palms. However, a cost must be addressed to account for not planting the Washingtonia Palms. That cost will be determined by estimating the cost of 12 - 35' ht. Washingtonias and subtracting the cost of 4 - 10' ht. multi-trunk Silver Buttonwoods. 4. 639- Seagrape do not meet the specified height of 30". The installed height is an EXHIBIT "E" average of 24". 30" - 24" = 6" 6" x 639 shrubs = 3,834 " shrub height Therefore, it would take 160 - 24" ht. Seagrape to mitigate for the smaller height shrubs that have been installed. 5. 365 - Cocoplum do not meet the specified height of 24". The installed height is an average of 20". 24" - 20" = 4" 4" x 365 shrubs = 1 ,460 " shrub height Therefore, it would take 73 - 20" ht. Cocoplum to mitigate for the smaller height shrubs that have been installed. 6. 90 - Firebush do not meet the specified height of 30". The installed height is an average of 28". 30" - 28" = 2" 2" x 90 shrubs = 180" shrub height Therefore, it would take 6 - 28" ht. Firebush to mitigate for the smaller height shrubs that have been installed. 7. 353 - Beautyberry do not meet the specified height of 24". The installed height is an average of 20". 24"_20"=4" 4" x 353 shrubs = 1 ,412 " shrub height Therefore, it would take 71 - 20" ht. Beautyberry to mitigate for the smaller height shrubs that have been installed. Issues 8 - 10 are being addressed by Sunflower pursuant to the letter dated March 24, 2005. 11. 182 - min. 12' ht. Areca Palms need to be covered in the bond. If you have any questions, please feel free to contact me at 561-689-5522 Cc: Gary Cooper; fax #(561) 265-3886 H;Client/352.22 /CorrespondencelLandscapeBond _3-24-05 .doc 2 EXHIBIT "E" ..JU.L""t,;J.......L,...o PAGE 134/134 Bethesda Parking Structure Bond Amounts per Item OTY DESC SIZE PRICE TOTAL Item" 1 5 Guava 9' 180.00 900.00 Item" 2 N/A Item'" 3 12 Washingtonia 35' 1,075.00 12,900.00 Item" 4 160 Seagrape #3 10.00 1,600.00 Item t# 5 73 Cocoplum #3 7.00 511.00 Item" 6 6 Flrebush #7 35.00 210.00 Item # ., 71 Bueatyberry #3 10.00 710.00 Item #11 182 Areca 12' 240.00 43,680.00 TOTAL . 60.511.00 EXHIBIT "E" Kilday & Associates Landscape Architects I Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 . Fax (561) 689-2592 E-Mail: info@kildayinc.com MEMORANDUM Date: March 24,2005 To: Mr. Kevin Hallahan City Forester City of Boynton Beach, FL Fax-(561) 742-6259 From: Tamara West Subject: Bethesda Hospital Parking Structure Landscape Installation Our File: 352.22 Pursuant to our phone call of today and site visit on January 20, 2005 at the above referenced project, please know The slick trunk Sabal Palms instead of the booted Sabal Palms are acceptable at the above referenced office. Also, 12 - 35' hI. Washingtonian Palms were not installed on the north side of the parking structure due to interference with canopies of the existing Live Oak trees. It is my understanding that you would agree to a allow 1 - min. 10' hI. multi-trunk Silver Buttonwood to be installed in the location of each of the Washingtonia Palm clusters for a total of 4 - Silver Buttonwood trees. The remaining 8 - 35' hI. Washingtonia Palms could be placed elsewhere on site or an acceptable substitution would be considered. If my understanding of any of the above is incorrect please notify me as soon as possible If you have any questions, please feel free to contact me at 561-689-5522 Cc: Ken Mason; fax #(561) 495-1746 Gary Cooper; fax #(561) 265-3886 H:Client/352.22 /Correspondence/Hallahan _ 3-24-05.doc ~Whf 3" ~ '(--oc:> EXHIBIT "F" VI.-CONSENT AGENDA ITEM P. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) 0 April 19,2005 April 4, 2005 (Noon) [gJ June 21,2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [gJ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Return cash bond of $4,840.00 to Marolf Construction, Inc. for the project known as Steinmart. 'j ....."-..., ~:-) --l c '-; --.~- --< ."--~ ~. -- " :1":;::0 -, ; -4: f'.) :)J '. ; (~.=-) (../i: - . .- - ,....,~ :r.... -~ :s: .,-,. -. . a q -q co /TI C') > <.-.J i C') ::J: EXPLANATION: On April 15, 2005, the Building Division sent to the Finance Department a cash bond of $4,840.00 for the completion of the permitted work for the project known as Steinmart located at 334 N. Congress Avenue. The work has been completed and the Certificate of Occupancy was issued on May 12, 2005. PROGRAM IMPACT: None FISCAL IMPACT: None Development Department Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C.l'l'Y OF BOYNTON BEACa P.O. BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE o F OCCUPANCY PERMANENT Issue Date 5/12/05 Parcel Number . . Property Address 08-43-45-20-01-334-0570 334 N CONGRESS AVE BOYNTON BEACH FL 33426 Subdivision Name Legal Description Property Zoning . COMMUNITY COMMERCIAL Owner . . . E & A ACQUISITION TWO LTD PTNR RESTORATION TECHNOLOGIES OF 954 485-8600 Contractor Application number Description of Work Construction type . Occupancy type Flood Zone . . . . Special conditions STEINMART 04-00005533 000 000 INTERIOR RENOVATIONS Approved . . . ~h Idin fficial UNLESS SIGNED BY BUILDING OFFICIAL . . . . VOID EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 05-071 TO: Bill Mummert, Director ofPinance FROM: Don Johnson, Building OfJicial~ DATE: April 15, 2005 SUBJECT: CASH BOND - STEINMART - 334 N. CONGRESS AVENUE Attached are Cashier's Checks in the amount of $191,840.00 from Oakwood Square Shopping Center and $4,840.00 from Robert Marolf. This is a cash surety for Steinmart and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from William C. Gryder, Jr. and Bill D'Onofrio, AIA and checks xc: Timothy K. Large, Building Code Administrator Permit File # 04-5533 EXHIBIT "B" S:\DevelopmentIBUILDING\Memos\Cash Bonds - 2005\Steinmart 04-5533.doc -,'-,-"',\">',- '-" r"'~;;;:::~1d=~"~'''~''''1'''''!'''l'/~~''"~~~ :.I Boynton Beach, Florida' ". f ~~1 , I I J I I I I J , J I I I I I J I I I ~ :_------------------------------~---------------------------------------------------, RS ,;i. $ JL ~? ;i~ ....:..'.:.'..._.__.......':.:... '._' ',<".r; ...........,.........>... ....J ".' .__..' _. _. ,-,. '.'" .... '. ,.-., " - .' :'-, ~ :,Il'q" PAY TO THE ORDER OF ISSUING BRANCH6055623-CHARLOTTE -MINT~~8.t)729 4, DATE APRIL 14, 2005 C':, '~~_;_i:__"\:~:,~ > BB&T ISSUED I!Y: TRAVI;:LERSEXPflESSCOMPAN'f. INC. . .. .. ".Q: I!OX lI476;l\11folt.!l;/\POLls, t.lN 5~eo DRAWEE: BOSTON SAFE OEPOSlT & TRUST co., BOSTON, MASSAcHUSETTS @e~T. .MARO~ · THIS DOCUMBNT HAS AN ARTIFICIAL WATERMARK PRINTED ON TIiE BACK. TIiE PRONT OF '!HE DOCUMENT HAS A MICRO-PRINT SIGNATIlRE UNE AND BORDER. ABSENCIl OF THESE FEATUREs WILL INDICATE A COPY. I 1- -------- --" _ __ _ _ __ _ _ _ __ _ _ __ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ ___ __ _ _ __ _ ___ _ _ _ ____ _ _ __.________.__._,:, 'i CITY OF BOYNTON BEACH 39100 .j : Boynton Beach, Florida I I I , I I I , t , I I I I I I , I I I 111778072'11.,111 1:0 ~ ~OO 70'121:0 ~bOO ~Ol.. 5 ~0'12111 20.L.J...:j " DOLLARS l .. t,". \1'-- --- EXHIBIT "C" 04/14/2005 16:45 7045639636 MAROlF PAGE 02/82 '. Marolf Construction, . Inc. General Contractors ' April 14,2005 MY-. Don Johnson, CBO Building Standards P.O. Box 310 Boynton Beach, Florida 33425-0310 Re: Stein Mart~Pennit Number: 045533 Mr. Johnson, . . This Jetter is to confirm. that we are hereby '~otUed. by Frank H. Austin; Architect to. inspect and establish th,e doU~ value 00 any work found to be incomplete on the aooYe referenCed project. The value of incomplete work to be secured by a Cash Surety in' tb~ amount equal to 110010 ofincomplere work is as follows: 1. Existing mechanical vents and unused mechanical equipment to be removed . from the roof area: . Cost: $500.00 x 1100.10 S550.00 2. Certified. Test and ' Balance ofHV A V system: CoSt: $3,900.00 x 1100.10 $4~290.00 Total Cas,h Surety Amount: $4,~O'.OO Thank yo~ for your time and effort in helping us complete this project. Let us know if you need additiQDal information. ResP~fu~IY ~ubmitted~ . ~(). ~~~ William C. Ox,der, Jr. ,Marolf ConstnIctioD; Inc. rank H. Austin; Architect DIte: 4f<l}Ii S015 Idlewild Road North, Cha,rlotte, North Carolina 2822' Phone 7041563-7410 Fax 7041563.9636 EXHIBIT "D" ~""'"""""l , I { I I I , I . I I I j I I I. I / J u~,~~,~uu~ U~;~~ tl~;;lqqb/qq EDENS & AVANT ---- ----...... ~ WI PHILLIPS April 14. 2005 -- -.-"'---- PARTNERSHIP Dan Johnsat1, ao Building Offidal City of Bo)'llt'i'n Blltaeh BlIllcfins DivisIon P.O, Box 310 BoYl'lton Beach BOynton Beac:h. Fl3342s...cr310 ~ no :5941616 too 770 394 1:514 Re: Oakwood 5qQ..-e Shopplna Center Steinmar Site IrlSpection / Surety Bond Project 10410506 Mr Johnsonj We have revfewed the exterIor canopY ,..".,.,.tlon on the Oakwood Square SI1opl'ln8. Center on Aprlll4. 2ooS. It I. estimated that the contractor, sharpe ~nstructton Ine. I~ 60% complete with the tota.l work to be done on th. Steln-mart Facade. With a total construction Cost of $436,000 the work that remains to bE completed fs valued at S174,400, t"l2~fore the Surety Bond at 110% wfll be $191,840 PI.... let us know If you need any additional Inl'txmatlon. W. apPreclat. your help on this iSSue. . For Phlllrps Partnership Bill D'OnofrIo, AlA, NCARB f!oJe~ Manager ~~ cc:: ne 9 EXHIBIT "E" PAGE 62/02 I { I { I i . 1 / ! I r J j I ! I I I I i I I I 1 VI.-CONSENT AGENDA ITEM Q. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon) D April 19,2005 April 4, 2005 (Noon) [gJ June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2,2005 (Noon) D July 19, 2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF [gJ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Return cash bond of$191,840.00 to Edens & Avant Investments, L.P. for the project known as Steinmart. -< f",) (Xl .:-) , ) --1 ":i-< -<C) ) -1': OJ ',,~ ;-..;; ~c./ .. "' .. ~.'!fI" ',(')-i o ~-'" ::t: C3 .. :":J :=: ':1 -''1 CD -i'Tl ,-:; 1> r.2J C,) ...... EXPLANATION: On April 15,2005, the Building Division sent to the Finance Department a cash bond of $191,840.00 for the completion of the permitted work for the project known as Steinmart located at 334 and 398 N. Congress Avenue. The work has been completed and the Certificate of Occupancy was issued on May 12, 2005. PROGRAM IMPACT: None FISCAL IMPACT: None Development Department Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC T~~O~-';;:''::>~ May 17, 2005 EDENS&\.VANT Don Johnson, CBO Building Official City of Boynton Beach Building Division P.O. Box 310 Boynton Beach Boynton Beach, FL 33425-0310 Re: Oakwood Square Shopping Center SteinMart Project #0410506 Dear Mr. Johnson: Please accept this letter as our request to have our surety bond released for this project as we received our Final Certificate of Occupancy on May 12,2005. This bond was posted on April 15, 2005 in the amount of$191,840.00 for issuance ofa Temporary Certificate of Occupancy. If you have any questions or concerns, please feel free to call me. Thank You, Brad Stutts Project Manager Edens & Avant Investments, Limited Partnership As Agent For: E&A Acquisition Two, Limited Partnership EXHIBIT" A" 900 Bank of America Plaza I 1901 Main Street I Columbia, SC 29201 I phone 803.779.4420 I fax 803.254.4983 I www.edensandavant.com CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE o F OCCUPANCY PERMANENT Issue Date . . . 5/12/05 Parcel Number . . Property Address 08-43-45-20-01-334-0570 334 N CONGRESS AVE BOYNTON BEACH FL 33426 Subdivision Name Legal Description Property Zoning . . . COMMUNITY COMMERCIAL Owner . . . Contractor . . . E & A ACQUISITION TWO LTD PTNR RESTORATION TECHNOLOGIES OF 954 485-8600 Application number Description of Work Construction type . . Occupancy type Flood Zone . . . . Special conditions STEINMART 04-00005533 000 000 INTERIOR RENOVATIONS Approved . . . ~h Idin fficial- UNLESS SIGNED BY BUILDING OFFICIAL . . . . VOID EXHIBIT "B" CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 ,._.""..t...... 1,-:r. . . J. CERTIFICATE o F COMPLETION PERMANENT Issue Date 5/12/05 Parcel Number . . Property Address 08-43-45-20-01-398-0570 398 N CONGRESS AVE BOYNTON BEACH FL 33426 MELEAR PUD Subdivision Name Legal Description Property Zoning SINGLE FAMILY (5.40) EDENS & AVANT PROPERTIES Owner . . . Contractor . SHARPE CONSTRUCTION INC 770 831-3684 Application number Description of Work . Construction type . Occupancy type Flood Zone . . . . Special conditions RENOVATION STEINMART 05-00001433 000 000 BLDG-MISC-COMPLETION Approved FACADE CHANGES PHASE I Bu~9b:~ VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "C" ". DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 05-071 TO: Bill Mummert, Director ofPinance FROM: Don Johnson, Building Official ~ DATE: April 15, 2005 SUBJECT: CASH BOND - STEINMART - 334 N. CONGRESS AVENUE Attached are Cashier's Checks in the amount of $191,840.00 from Oakwood Square Shopping Center and $4,840.00 from Robert Marolf. This is a cash surety for Steinmart and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the fmal Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from William C. Gryder, Jr. and Bill D'Onofrio, AIA and checks XC: Timothy K. Large, Building Code Administrator Permit File # 04-5533 EXHIBIT "D" S:\Development\BUILDING\Memos\Cash Bonds - 2005\Steinmart 04-5533.doc " ';;'i:rt>~.~~'.-~- _~'!~?)-"~:l':.~~~~';:~~~~f:;r . -,-f~~,,~}';-~:,:-)\~1:t;'~,L:i:;,',.~." -, ,,:,,",),::'::~ :,:',_~ii~ ':'. /:"":'~;!;:~:'--'~!::;~:";-1':~ I --:.;;r~ f-:/)'.\-,'-' . ....-:..',.. '0.':.',' .~_ "', '-~:'/.c' ';-;',~..f,"r' i,:,_,:.:_:/_..jc:,_. "j:'''''';'3'g~'1'Or ":\;""""r...:', "." "'-"-,,'; 'j :~, 1 'I i .\1 , I I , I , ) I , I I 1 1 I , I I , I ) I I I :_---_....._--,...--_......----..~_-._-- -.--- --- - - --_-.-.- - - -- ---.....-- --......... - - -- -- ---- -- - --- - - -....... -------- _._.- -- ---- CITY OF BOYNTON BEACH Boynton Beach, Florida ';" - .~~ 20Q~;; ;',\ j; $ PAY TO THE ORDER OF CITY OF BOVNTON ---*-JB&.T ~, BB&T ISS\)ED If.(: TRAVELERSE DRAWEE: .'. :O~f~~~;~ .'.........'.........:..'....'..'.........'..... .1 ,_ ,_,-, ." __ _,__.; . , ",,', ... . '. ", ,,-., . . .A :pit Mt=MOIi'URQHA$I;R " ">' ...'." -,'- -.. - -' '. . .. .." .. '-,"-' ." .-..... " ,.. ....-, -'; -.' ....'.-."' _.. ISSUING BRANCH 6055623-CHARLOTTE - MINT DATE APRIL 14. 2005 "'1i:1rBC07294, ;. ~~<,~__i;,;,-~<, ' ".':'_:"_>(; ":\"::\:"; ;'1 i'i/ ;;: I".' 0,' '.' r /. s. ,,' '01 ... COMPANY, INC. POLIS, MN ~80 & TRUST CO., BOSTON, MASsACHUSETTS . ,~"ge~T~1A~!:.r ... III? ?BO? 2 ~ 1..111 1:0 ~ ~OO ?O ~ 21:0 U;'OO ~O I.. 5 ~O ~ 2111 · nus DOCUMENT HAS AN ARTIFlOAL WATERMARK PRINTED ON THE BAC!(. THE FRONT OF THE OOCUMENT HAS A MICRO-PRINT S1GNATIlRE LINE AND BORDER. ABSENCE OF THESE FEATURES WILL INDICATE A COPY. 1-------------------------- -, I I , I I I I , I , , I t I I , , , I I I I , I -- ---- -- --- - ----.... --- - -....-~------....---.... -------------------.--- 39100 ,~ '.~ CITY OF BOYNTON BEACH Boynton Beach, FlorIda 20J.:l:.j :;; . '. DOLLARS \ , \'-" \"" ....- EXHIBIT "E" 04/14/2005 16:45 7045639636 MAROLF PAGE 02/ eJ2 Marolf Construction, . Inc. General Contractors . April 14, 2005 Mr. Donlohnson, CBO Building Standards 'P.O. Box 310 Boynton Beach, Florida 33425-0310 Re: Stein Mart':Permit Number: 045533 Mr. Johnson, . . This Jetter is to confirm that we are hereby .~uthothed. by Frank H. Austin; Architect to. inspect and establish th,e don~ value 00 any work found to be incomplete on the aoo?e referenCed project. The value of incomplete work to be secured by a Cash Surety in' th~ amount equal to 110010 of incomplete work is as follows: t. Existing mechanical vents and unused mechanical equipment to be removed . from the roofarea: . Cost: $500.00 xl iO% $550.00 2. Certified. Test and.Balance ofHV A V system: CoSt: $3,900.00 x 110010 $4~290.00 Total Cas~ Sureiy Amount: $4,~O'.OO Thank you: for your time and effort in helping us complete this PrOject. Let us know if you need additiQllal information. . . . ResP~~~ly ~ubmitted. . ~() .~~~~ William C. Gryder, Jr. .Marolf Construction; Inc. ok H. Austin; Architect D~:4fl}Jf SOlS Idlewild Road North, Chwlotte, North Carolina 2822' Phone 7041563..7410 Fax 7041563-9636 EXHIBIT "F" r--- I I I I j I , I . i I I I 1 I I I ~~/~q/L~~~ ~4:33 8037446744 EDENS & AVANT ""--'"-- - rl PHILLIPS April 14.. 2005 -A-.. ..,..I.....",.~~ PARTNERSHIP DDn Johnsal'l, ClD BuIlding Offida( City of Bo~n Bttach 8...fl~;nl DiYi$'on p,O, 80x 310 Boynton Beach Boynton Be&:;h, FL ~15'1B10 I'I'GIlt 770 :S94161~ t.. 770 394 T!14 Re: Oalc:wood SqQaN $hoPP'na Cenbfr Steinmar Sfte lrl5pectlon / Surety Bond Project 10410506 Mr jOhnson, w. have reviewed the ext.rlQr CiinQpjr rer",vatk,. "" the Oalcw<xxl Square Sh<>ppfng. Center on Aprj( J4, 2005. It Is estimated that the co"tractor, Sharpe (.onstructlon loe. r~ 60% complete with the total work to be done on the Steln-mart Facade. Wtth a total Construction Cost of $436,000 the work that remaIns to bE completed is valued at $174,400, tnerefore the Surety Bond at 110% will ~e $191,840 Pl.... let US im<>w If)'Qu need anyaddltfc>nallnfurmat/Qn. W. appreciate )'Qur help em thrs ISSUe. . For PhillIps Partnel'ihfp BlII D'Onofrio, AlA, NCI\RB ProJe~ Manager ^ltadlment cc: ne 9 EXHIBIT "G" PAGE 132/02 / I I { I I . j / i I I I ! I { I I i I I I I } I I ..qr.... , ~ . VI.-CONSENT AGENDA ITEM R. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ill Meetin2 Dates in to City Clm' s Office Meetin2 Dates to City Clm's Office 0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) 0 Apri119,2oo5 April 4, 2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 Apri118, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17, 2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business , ) AGENDA ITEM 0 Public Hearing 0 Legal ::"') .,.~ 0 0 -( Bids Unfinished Business ,-, 0 Announcement 0 Presentation ) -T1 .-.- "n I rl ',~_._-) 0 City Manager's Report w , -,- -(J ) --~ RECOMMENDATION:-) S Direct staff to prepare the necessary ordinance and procedures to adopt the Arts Commission's Guidelines a~ 'JoJ Recommendations for an Art in Public Places Program that includes the changes discussed at the Publ~rt~:;; Workshop. '-' , ;"l ("') ::J: EXPLANATION: At the May 24, 2005 joint City Commission/CRA Workshop, the Arts Commission's Guidelines and Recommendations were presented, discussed and well received by those in attendance. Some enhancements were discussed such as eliminating the sunset clause. Direction was given to put on commission agenda for formal direction to proceed. PROGRAM IMPACT: Adopting the necessary ordinance and procedures will provide the City Of Boynton Beach with an Art in Public Places Program that will parallel other cities with similar demographics. ~ L~ po,,- c:,\-..\,;\..- t'rt',,\ '" 2CA\~ ~\\\~ \-0 ~ FISCAL IMPACT: \"-p<AU-~-ee.- ~ FS,J;.. ~ Funds will be collected based on 1 % of construction costs from non residential construction alteration or repair for which a building permit is required, all new residential construction and/or redevelopment for which a building permit is required, all new public construction for which a building permit is required and calculated on amounts exceeding $250,OOO.The land value is excluded from calculations. The funds will be allocated so that 70% stays within the project to develop publiC art, 5% goes into endowment and 25% runs an Art in Public Places program. ove the CUItUrallandscaz:;or Boy-nton Beach. ~ IJ c;e.<. ^ J_.~ D~ ~\e.- n-~ ' City Manager's Signature L, JI3~;ey Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources Boynton Beach Arts Commission Guidelines and Recommendations Executive Summary The Arts Commission was charged with creating and executing an Art in Public Places Program for the City of Boynton Beach. The following document is the end product of nine months of research. Research included review of population, demographics, growth potential, community identity and the best of current Public Art programs not only in the State of Florida, but also across the nation. A key component to the value of the Arts in Public Places program is understanding the economic impact and rewards this type of endeavor provides. Clearly it is known that art offers: · community pride . civic awareness · and a sense of place. The focus of this document is to address the mechanics and funding appropriate for Boynton Beach. RECOMMEMDATION: This plan proposes an aggressive four-year funding program that will sunset designed to generate capital for an Art in Public Places program concurrent with and complementary to the rapid growth of the City of Boynton Beach. Our recommendations encompass a comprehensive program that would be funded by assessing a public art fee equal to 1 % of the construction value to real property and subject to the following criteria: · Non residential construction alteration or repair for which a building permit is required · All new residential construction and/or redevelopment for which a building permit is required · All new public construction for which a building permit is required · Fees will be calculated on amounts exceeding the $250,000.00 threshold Exceptions to Public Art Fees: · Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, earthquake or other calamity. · Affordable housing as defined by Federal, State or Local programs. · Construction less than $250,000.00 The total funds are based on 1 % of construction cost. The land value is excluded from the calculations. The funds would be dedicated at 70% to the development of public art that stays within the project, 5% to endowment which leaves and 25% to run an Arts in Public Places program that includes: · Administration of Art Fund and Art in Public Places Program, including Public Art Coordinator salary, record-keeping such as registration, maintenance, renovation, insurance, etc. · Art for publicly owned properties to include: site preparation, installation, insurance, maintenance and renovation · Marketing and advertising of the Art in Public Places program · Acquisition, siting and decommissioning · Art programs and events with a cultural emphasis that draw community participation · Artist and artwork selection-related expenses This document also addresses private sector developers who wish to participate in an alternate program that provides for payment in lieu of participation. Staff including the Planning and Zoning Department, the CRA and the Legal Department has reviewed the Boynton Beach Arts Commission Recommendations and Guidelines. This comprehensive document integrates many of their recommendations as well as the best of successful Public Arts Programs and has been refined to meet the city's special needs. The Arts Commission Advisory Board is prepared to give an informative presentation of this plan to the city commission in a workshop setting. We have enlisted key speakers that include a noted public artist, city administrator, and a developer all with national expertise in art. We look forward to implementing this plan and are available to expedite this endeavor. EXCERPTS FROM THE MINUTES OF THE ARTS COMMISSION WORKSHOP PRESENTATION HELD ON TUESDAY, MAY 24, 2005 IN THE LIBRARY PROGRAM ROOM, BOYNTON BEACH, FLORIDA, AT 6:30 P.M. Present: Arts Commission - Debby Coles-Dobay, Chair Richard Beaulieu, Vice Chair Cheryl Arflin Angela Budano Kimberlee McGow Anita Remer Suzette Urs Deborah Nesbit, Alternate Absent: Linda Sage, Alternate For the City: Mayor Jerry Taylor Commissioner Bob Ensler Commissioner Carl McKoy City Manager Kurt Bressner Community Redevelopment Agency: Chairperson Jeanne Heavilin Vice Chair Henderson Tillman James Barretta Alexander DeMarco Doug Hutchinson, CRA Director Absent: Vice Mayor Mack McCray Commissioner Mike Ferguson Absent: Don Fenton Marie Horenburger Steve Myott The following is discussion from the workshop minutes containing comments to be considered as the draft ordinance goes forward. Chairperson Coles-Dobay opened up the meeting for questions and comments. Mayor Taylor was impressed with the progress that the Arts Commission has made in one year and stated it was incredible to see the amount of work that has been produced in such a short time. He congratulated the Arts Commission for all the work they have done. Mayor Taylor inquired about the process that a developer would have to follow in selecting an artist and Chairperson Coles-Dobay explained the process available to developers. Mayor Taylor also asked if a member of the Arts Commission was involved in the review process of art work for a development, would this slow down the process for approval of the project. Chairperson Coles-Dobay responded there would be a panel comprised of an odd number of art professionals, a representative of the developer, and either someone from the CRA Board or staff. She explained that the art process would be integrated into the City's approval process for a project and there would be no slow down of the project. Mayor Taylor inquired if an art project was within the CRA boundaries, would the CRA be able to approve the art work without it coming to the Commission for final approval. Chairperson Coles-Dobay stated that the CRA and Planning and Development Board have certain functions and they probably would not be the entity to select the art. The Arts Commission was appointed to guide the process through the City. Commissioner Ensler pointed out that most projects heard by the Planning and Development Board and the Community Redevelopment Board still must come to the Commission for final approval. Chairperson Coles- Dobay pointed out that the Arts Commission is also an advisory board. Commissioner Ensler noted, however, that the CRA is a legal entity and has the authority to spend money. Commissioner Ensler wanted to know if the Arts Commission considered themselves a legal entity or an advisory board. Chairperson Coles-Do bay pointed out that they are an advisory board charged with establishing the art in public places program. There would be a paid administrator of the program on staff that would become another branch of the City. Mayor Taylor thought these kinds of issues could be worked out at a later date. Ms. Jeanne Heavilin, Chairperson of the CRA, also commended the Arts Commission for putting the program together in such a short period of time. Ms. Heavilin questioned if the art was public art for everyone in the City, why shouldn't the entire City participate, such as introducing some kind of assessment. Ms. Heavilin noted that there are a great many projects already under construction that would not be putting funds into the program and only new projects at this point would apply. Ms. Margoles stated in Tamarac they also instituted a fee for any building permit pulled. Chairperson Coles-Do bay thought they might want to determine if the program should be sunsetted in four years or perhaps they may want to keep the program active for a longer period of time. Ms. Heavilin suggested that some kind of fee could be charged when people apply for an occupational license each year. Commissioner McKoy inquired how the sites would be balanced throughout the City, since a majority of the newer projects would be going up in the CRA area. Chairperson Coles-Dobay noted this had been discussed at a previous workshop where public art should be placed throughout the City. There have been discussions about placing public art in parks, businesses, streetscapes and the Heart of Boynton as opportunities to introduce public art. She pointed out that art would not be exclusive to one area. Chairperson Coles-Dobay pointed out that Industrial Avenue years ago had been a dumpsite and now it is an art area that has completely changed this area. Mr. AI DeMarco would like to see art introduced in the three high rises that will be going up in the CRA District and the Promenade. He also thought it would be beneficial if the City had a theme that could be used throughout the entire City, especially a marine theme. Commissioner Ensler asked what the next steps would be to move the program forward. Chairperson Coles-Do bay stated that the Art Commission's recommendations and guidelines would have to be approved. Ms. Dennison has included in her budget the hiring of a Public Art Administrator to run the program. Once the program is established, they could begin to bring projects in. Also, there needs to be an Ordinance passed that would include the guidelines and funding for the program. Commissioner Ensler recommended that the City and the CRA assist in bringing forward an Ordinance. Chairperson Coles-Dobay thought that Legal would draft the Ordinance. Mayor Taylor inquired how the City could pay for the staff position before money is generated from the projects. Commissioner Ensler recommended that the CRA pay for half the program. Mr. DeMarco felt that once the program started, it would be in a position to receive donations from the private sector. Mayor Taylor pointed out that the County has an Art in Public Places Program that provides matching funds to municipalities. Chairperson Coles-Do bay noted they have already spoken to the County about their program. Mr. Bressner stated this is a workshop and, therefore, no action could be taken. He instructed the Arts Commission to prepare and forward a letter to the City Commission asking that the item be put on an active agenda with a request to direct staff to prepare the necessary Ordinance. He also recommended that staff be provided with the resource document along with the sample ordinance for comparative information. Mr. Bressner was not certain when the Ordinance could be prepared, but hoped it could be sometime this summer. Commissioner Ensler did not see a need to sunset the program in order to determine how the program would evolve. VI.-CONSENT AGENDA ITEM S. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon.) D April 19, 2005 Apri14,2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D June 7, 2005 May 16,2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) c ) , )..4 .cl ~~1"'< D Administrative D Development Plans < C) ) -;1 NATURE OF ~ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal U1 . MO', D Bids D Unfinished Business -u . .") ~.~.J ....,;,,-... D Announcement D Presentation 0J -n O:J ---rn D City Manager's Report 0.:'1 ;:JJ> c..rl ,TI("') RECOMMENDATION: Authorize the use of Community Investment Funds from Commissioner McKoy for the Art Explosion, a program at Hester Center EXPLANATION: Commission approval is requested for allocation of $1,000 to the Art Explosion, which is a dedicated effort to support, nurture and expose the community to different facets of artistry and is offered to the general public free of charge. PROGRAM IMP ACT: Allocation of funds will assist in funding this program. FISCAL IMPACT: Funds are budgeted for this type of activity. Each Commissioner has $10,000 in Community Investment funds to allocate, subject to Commission approval. ALTERNATIVES: Decline to authorize the requested expenditure. Department Head's Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: June 14,2005 Requested by Mayor/Commissioner: Commissioner Carl McKoy Amount Requested: $1,000 Recipient/Payee: Art Explosion at Hester Center Description of project, program, or activity to be funded: Art Explosion is a dedicated effort to support, nurture and expose the community to different facets of artistry and is offered to the general public free of charge. ~///, Dated: ~ BY:n~'/~~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $3,500 has been used to date by the requesting Member, leaving a balance of available funds of $6,500 This request would bring the available amount down to $5,500 Accordingly: )( There are funds available as requeste o There are insufficient funds available CiII</oS- ( I Dated: By: Part 111- Eligibility Evaluation (to be completed by City Manager) .~ The proposed expenditure of funds will not result in improvement to private property; "x:f The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; .~ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and 4' Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated pose. Dated: By: S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\McKoy - Art Explosion.doc, 6/1512005 The City of Boynton Beach ictr Hester Center 1901 N. Seacrest Blvd. P.O. Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6231 FAX: (561) 364-4079 Emai1: irelandf@cLboynton-beach.fl.us www.boynton-beach.org I\. ~"T~ ~ ., I t--'~t ~ \'" \,~?\.()G\()~ ~. ~ .. .. " ~. ,., June 8, 2005 Dear Commissioner McKoy, The City of Boynton Beach is gearing up for another explosion, an Art Explosion that is! This document is provided to give you a brief history of our event and invite you to participate and support our exciting festival through sponsorship or in-kind donations. Scheduled for July 8 - 10, 2005, you still have time to be part of this third annual event at the city's finest community facility, Ezell Hester Jr. Center located at 1901 N. Seacrest Boulevard in the heart of Boynton Beach. The Art Explosion is a dedicated effort to support, nurture and expose the community to different facets of artistry and is always offered to the general public free of charge. Our festival welcomes creative professionals and artist to exhibit, sell and even create masterpieces on the spot. We also provide fun leisure activities for kids by way of rides, entertainment, clowns and creative arts and crafts. Please contact me @ (561) 742-6231 if you have any questions regarding how you can playa part in this year's festival. Sincerely, City Of Boynton Beach .~ieation pmen! ~Iand, Event Coordinator Recreation Supervisor Fl/fi Attachment America's Gateway to the Gulfstream 3rd Annual Art Explosion Sponsor Proposal Historv The Annual Art Explosion in Boynton Beach, Florida is a 3-year-old multicultural event. The Art Explosion has offered the general public the opportunity to participate in seminars and workshops such as: Expressive Movements for Youth, Digital Story Telling, Networking and Partnering with Independently Owned Book Stores, From the Mouth of Writers, Marketing your Words Effectively and Publishing in the 2K. The Art Explosion also gave the general public the opportunity to see on hand such individuals such as Omar Tyree, Author of "FLY GYRL", Blanche Williams, Author of "Be Your Best You", James Amps III, Author of" Speaking To Excel, Africa Fine, Author of "Katrina", Nancy Gillian, Author of "Chicken Soup for The African American Soul" and Graphite Artist Tracy Stokes. Features This year's event will feature pony rides, A Bounce House, Face Painters, Celebrity Reading Hour, Authors, Painters, Sculptures, The Kids Comer Art Tent, A Petting Zoo, Food Vendors, Craft Vendors, Non Profit Vendors, Musical Entertainment, A Meet & Greet Reception and Tailored made seminars for beginning and professional titled art enthusiast. Ima2e We seek recognition as being a strong multicultural community event that provides visual imagery for both admirers and creators of this beautiful thing we called art. We feel the vision thus far has been appealing, positive and rewarding to all involved. With the likes of Barnes & Nobles, The Palm Beach Post, Universal Print & Publication, Easy Pay Tire Store and The Sports Section Photography supporting our vision, we hope that you will strongly consider coming a board also. Customers Our primary interest and understanding focuses on providing culturally driven, fun and visually interesting events to the residents of Boynton Beach. We also invite those residing outside the corporate city limits with the understanding that their participation generates additional interest in city activities and events. The City of Boynton Beach Hester Center 1901 N. Seacrest Blvd. P.o. Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6231 FAX: (561) 364-4079 Emai1: irelandf@ci.boynton-beach.fl.us www.boynton-beach.org EXDenses for 2005 Madolfo the Story Teller $350 Shivon Face Painting $200 Comedian Big Baby $1000 Artist George Gadson $500 Reception Tickets $75 Art Supplies $150 A wards for Refrigerator Art Contest $200 Bounce House Space Walk for two days $500 Cock-A-Doodle-Doo Pony rides and petting zoo $450 Sound and Equipment for 7/10105 (Reginald Carter) $500 Sound and Equipment for 7/9/05Rickship DJ $500 Performer Rebecca Butterfly $200 Band Total Kontrol $400 Project materials for Gadson $200 Total $5225 America's Gateway to the Gulfstream Boynton Beach Recreation and Parks Department Art Explosion 2005 Partner Options Bronze Partner Package $4000 $1000 $500 $100 Corporate Partner Package Gold Partner Package Silver Partner Package Benefits and Commitment CORPORATE PARTNER Recognition as Corporate Partner in 20 - 22 30-second radio ads airing one week prior to event Recognition of Corporate Partner included on all promotional materials including flyers, posters and media releases Recognition of Corporate Partner included on the cover of the Art Explosion application Recognition of Corporate Partner to 5000 spectators at the event through announcements and signage Corporate Sponsor will receive a 10 x 10 booth space to present information to the public during festival GOLD SPONSOR Recognition of Gold Sponsor included on all promotional materials including flyers, posters and media releases Recognition of Gold Sponsor to 5000 spectators at the event through announcements and signage Gold Sponsor will receive a 10 x 10 booth space to present information to the public during festival SILVER SPONSOR Recognition of Silver Sponsor included on all promotional materials including flyers, posters and media releases Recognition of Silver Sponsor to 5000 spectators at the event hourly through announcements and signage BRONZE SPONSOR Recognition of Bronze Sponsor to 5000 spectators at the event hourly through announcements and signage ({( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM A. Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office D AprilS, 2005 D April 19, 2005 D May 3, 2005 D May 17, 2005 March 14,2005 (Noon.) D June 7, 2005 ~ June 21, 2005 D D May 16, 2005 (Noon) April 4, 2005 (Noon) June 6, 2005 (Noon) April 18,2005 (Noon) NATURE OF AGENDA ITEM D Administrative D Consent Agenda ~ Public Hearing D Bids D Announcement D City Manager's Report July 5, 2005 June 20, 2005 (Noon) ) :""")-4 ,j .-. ./ .--. July 19,2005 July 5, 2005 (Noon) _u_, ..... .....,.-,.... ., , - .- ('..) D Development Plans en - .- D New Business -'0 ") ,--~ _h.. r:-:::i ._" T.._.",F D ..4""",- Legal (.0 ~~1 co D .-fT1 Unfmished Business ('0 ~?> 1'1(,.-., D Presentation ::;:: May 2, 2005 (Noon) RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under Public Hearing. The Planning and Development Board recommended that the subject request be approved on May 24, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-070. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Grove Plaza Parcel D (COUS 05-006) Lution Hill, KMA Investment Properties KMA Investment Properties 3920 Hypoluxo Road Request for Conditional Use approval to convert approximately 3,500 square feet of an 11,973 square foot retail building in a C-3 zoning district for a minor automotive repair establishment. PROGRAM IMP ACT: FISCAL IMPACT: AL TERNATIVES: N/A N/A ~ l. Development Departm nt Drrector ~;goaQrr~ ~(J -( ~< Planning and Z rrector City Attorney / Fmance / Human Resources S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel D\COUS 05-006\Agenda Item Request Grove Plaza Parcel D COUS 05-006-6-21- 05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 05-070 TO: FROM: Chair and Members Planning & Development Board Michael RUmPf\\ ~~ Director of Planning and Zoning Ed Breese ~ Principal Planner THRU: DATE: May 13, 2005 PROJECT: Grove Plaza Parcel "D" / COUS 05-006 REQUEST: Conditional Use approval to convert approximately 3,500 square feet of an 11,973 square foot retail building in a C-3 zoning district for a minor automotive repair establishment PROJECT DESCRIPnON Property Owner: Grove Plaza D, LLC Applicant: Mr. Lution Hill, KMA Investment Properties Agent: Mr. Lution Hill, KMA Investment Properties Location: 3920 Hypoluxo Road (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 3,500 square foot minor automotive repair establishment Acreage: 1. 22-acres Adjacent Uses: North: Right-of-way for Hypoluxo Road, then farther north is Santaluces High School with an Institutional (I) land use designation (unincorporated Palm Beach County) and zoned Public Ownership (PO); South: Drainage Utility & Ingress / Egress Easement for Grove Plaza, then farther south is developed residential with a Medium Density Residential (MR-5) land use designation (unincorporated Palm Beach County) and zoned Agricultural Residential (AR); Grove Plaza Parcel "D" - CO US 05-006 Page 2 Memorandum No. PZ 05-070 East: Parcel "E" of Grove Plaza (Motor City Carwash) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C- 3); and West: Ingress/Egress drive for Grove Plaza, and farther west Parcel "c" of Grove Plaza approved for construction of a 6,832 square foot minor automotive repair facility, with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3). BACKGROUND Mr. Lution Hill, agent, is seeking conditional use approval to convert approximately 3,500 square feet of an 11,973 square foot retail building approved for Parcel "0" in a C-3 zoning district for a minor automotive repair establishment. The proposed change is to modify the north end of the previously approved building to accommodate the new use. According to Palm Beach County Traffic Engineering in a letter dated February 17, 2005, the proposed project meets the Traffic Performance Standards of Palm Beach County. However, no building permits may be issued after the build-out date (2007). Automotive repair is a conditional use in the C-3 zoning district, in order to provide staff a closer look at the site design, operational characteristics and potential impacts on surrounding properties. Minor automobile repairs, as defined in city code, are limited to engine tune-ups, carburetor repairs, wheel balancing and replacement and/or repair of external engine parts. STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS Section 11.2.0 of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. According to the site plan, there are no changes proposed to the traffic circulation pattern previously approved, which depicted three (3) proposed points of ingress/egress to Parcel''D'~ none of which are directly on Hypoluxo Road. The first and second points of ingress/egress are located on one of the north/south circulation roads within Grove Plaza, at the northwest and southwest comers of the Grove Plaza Parcel "D" - COUS 05-006 Page 3 Memorandum No. PZ 05-070 property. The third access point is at the rear (south) end of the parce~ from the east/west internal circulation road. All of these driveway widths appear to meet code requirements. These access points adequately address the needs of typical vehicular circulation, as well as that of emergency vehicles and sanitation equipment and circulation is designed completely around the proposed building. With no direct driveway connection being made to Hypoluxo Road, this development should have minimal negative impacts on this County roadway. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Automotive repair facilities require one (1) parking space per 250 square feet of gross floor area. Since the original approval for Parcel ''D'' (NWSP 04-007) was designed entirely for retail with a parking requirement of one (1) space for each 200 square feet of building, the proposed modification actually provides excess parking over the code requirement The proposed 3,500 square foot automotive use and remaining retail would now require 56 parking spaces, instead of the 60 required in the original approval. The proposed site plan (Sheet Al00) shows the provision of 60 parking spaces, plus a loading space, for an excess of four (4) more spaces than required. Three (3) of the spaces are designated for handicap use, located closest to the building's front entrances. The loading space is located at the rear (south) of the building, approximately 62 feet from the south property line of the Grove Plaza development, with a 20-foot landscape buffer and masonry wall at the south perimeter. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The site plan (Sheet Al00) shows that the dumpster location is in accordance with previous site plans approved on other parcels within Grove Plaza and is situated a minimum of 50 feet from the south property line of the Grove Plaza development The dumpster would be screened with enclosure walls and landscaped, in accordance with Chapter 9, Section 10.C3 of the Land Development Regulations. The dumpster location is positioned in such a way as to facilitate the efficient removal of trash. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed pervious area of the parcel equals 10,652 square feet or 22.5% of the total site. The landscape plan (Sheet Ll) indicates that approximately 72% of the trees, 77% of the shrubs and 75% of the groundcover would be native. Consistent with the Grove Plaza Master Plan, the width of the north (front) landscape buffer along Hypoluxo Road would be 15 feet in width, bermed, and contain Live Oak trees and a row of Redtip Cocoplum hedges. Additionally the north buffer would include Calophyllum trees, fire bush and purple lantana. A cross-section of the front landscape buffer is required to provide sufficient detail to ensure proper screening is attained on the site. Additionally, the installation and creation of the berm Grove Plaza Parcel "0" - COUS 05-006 . Page 4 Memorandum No. PZ 05-070 along the north buffer would be overseen by the City Forester / Environmentalist. The west (side) landscape buffer would be 7 feet in width and contain Pigeon Plum trees, Montgomery palms and a row of Redtip Cocoplum hedges. The width of the south (rear) landscape buffer would be 15.5 feet in width and would contain Live Oak trees, Calophyllum trees and Redtip Cocoplum hedges. finally, the width of the east (side) landscape buffer would be at least 2.5 feet wide and would contain Silver Buttonwood, Pigeon Plum and Gumbo Limbo trees, and Redtip Cocoplum hedges. The developer has designed the building so that the garage bays are oriented in an east/west direction along the east end of the building, in order that the internal operations of the business are somewhat screened from view by motorists on Hypoluxo Road. Also, the work bays should be fairly well screened by the carwash structure on Parcel liE" to the east, which is constructed close to the joint property line between each parcel. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The approved monument sign is in accordance with the Grove Plaza Design Guidelines for height (8.5 feet maximum) and design characteristics and will be painted to match the building colors (colors on the approved list within the Design Guidelines). The wall signage is within code allowances and is black and white, so as not to contrast with the building colors. The lighting levels are adequate and should not create a disturbance to the surrounding commercial activities or neighboring residential properties. No change is proposed with this requested modification. 7. Required setbacks and other open spaces. The proposed use is within the same building footprint as originally approved and meets all setback requirements of the C-3 zoning district and conforms to the Grove Plaza Master Plan. 8. General compatibility with adjacent property and other property in the zoning district. In general, the proposed use is compatible with the commercial uses within Grove Plaza (AutoZone Auto Parts, Motor City Carwash, the 7-Eleven Convenience Store/Gasoline Station and the minor automotive repair facility approved on Parcel "C" to the west, and the C-3 zoning district. There would be minimal on-site impact and no adverse effects should occur from the proposed use. With approximately 88 feet from the rear of the building to the nearest residential property, the 20 foot landscape buffer and masonry wall at the perimeter of the Grove Plaza development and the fact that the garage bays do not face any residential property, staff believes the project to be generally compatible. The project was reviewed in part, according to the standards as identified in the Grove Plaza Design Guidelines (1998). The proposed design is compatible with the surrounding built environment and would not detract from the overall appearance of the commercial plaza. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The maximum allowable building height in the C-3 zoning district is 45 feet The building was designed as a one (J}-story structure, approximately 23 feet - 8 inches in height to the top of the Grove Plaza Parcel "D" - COUS 05-006 . Page 5 Memorandum No. PZ 05-070 highest parapet, and no change is contemplated as a result of this request The building would not exceed the district's maximum height limitations and would be compatible in comparison with the neighboring commercial and residential properties. 10. Economic effects on adjacent and nearby properties, and the city as a whole. According to the applicant, "The proposed project will have a positive economic effect on the nearby properties. The proposed use will not only compliment other service uses within Grove Plaza, but will contribute in attracting customers to its neighbors. Overa/~ the proposed project will be a positive economic contribution to the City as a whole. " 11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed project should operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach and would thus be in conformance with the City's performance standards. RECOMMENDATION Based on the information contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "C" - Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to pull a building permit for this project. S:\Planning\SHAREO\WP\PROJECTS\Grove Plaza Parcel "0" COUS\Staff Report.doc VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office 0 AprilS, 2005 0 April 19, 2005 0 May 3, 2005 0 May 17, 2005 March 14,2005 (Noon.) o June 7, 2005 [gI June 21, 2005 o July 5, 2005 o July 19,2005 May 16,2005 (Noon) April 4, 2005 (Noon) June 6, 2005 (Noon) April ]8,2005 (Noon) June 20, 2005 (Noon) May 2,2005 (Noon) July 5, 2005 (Noon) Administrative Consent Agenda Public Hearing Bids Announcement City Manager's Report o o [gI o o : .I "0-1 -~-< NATURE OF AGENDA ITEM o o [gI o o o Development Plans New Business ~ ":"J,. ". "'-~' ;') , -- ::;:1 ~-.... Legal Unfinished Business Presentation N U1 ';C) w ':. ."," ::\ ~--i . C') --=} ::::: -~\SO ""-I T1 ':J> ,'.IC"') :I: -0 "":;.ilo r...) RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board recommended that the subject request be approved on May 24,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-081. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Stealth Towers in SMU (CDRV 05-008) Kim Glas-Castro, Ruden McClosky Compson & Associates of Boynton, LLC SMU Suburban Mixed-Use Zoning District (Citywide) Proposal to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.H.3. and Chapter 10 (Telecommunication Towers and Antennas) to allow cell towers within the Suburban Mixed-Use zoning district as stealth facilities, integrated into the architecture of a mixed-use project. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: City Manager's Signature h.<J~< Planning and Zo n DIrector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-008 SMU Stealth Towers\Agenda Item Request Stealth Towers in SMU CDRV 05- 008.6-2 I -05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-081 TO: FROM: Chair and Members Planning and Development Board Eric Lee Johnson, AICP ~ Planner U Michael W. Rumpf Director of Planning and Zoning THROUGH: DATE: May 17, 2005 SUBJECT: CODE REVIEW CDRV 05-008 To allow stealth communication towers in the SMU, Suburban Mixed-Use zoning district NATURE OF REQUEST Ms. Kim Glas-Castro with Ruden McClosky, agent for the property owner, is requesting that the Land Development Regulations be amended to allow stealth telecommunication towers within the SMU, Suburban Mixed-Use zoning district. This request would amend Chapter 2, Zoning and Chapter 10, Telecommunication Towers and Antennas (see Exhibit "C"). It should be noted that the effects of the subject request, if approved, would only be applicable to properties zoned SMU, which are outside of the Community Redevelopment Agency boundaries. BACKGROUND According to Chapter 10, Section 3.A. of the Land Development Regulations, telecommunication towers are allowed as conditional uses in the (REe) Recreation, (PU) Public Usage, and (M-l) Industrial zoning districts. Also, they are currently allowed on properties zoned (PID) Planned Industrial Development, but owned by the City and only within a park use. Additional restrictions may apply to telecommunication facilities within each of the above-referenced zoning districts. The crux of this code review is the applicant's intent to construct a stealth telecommunication facility on top of a decorative clock tower within the final phase (Phase VI) of their project known as Renaissance Commons (COUS 04-008). The subject property was formerly the site for Motorola Incorporated. However, the property once owned by Motorola was ultimately acquired by the current owners who successfully rezoned the property from PID to (C-3) Community Commercial and then to SMU, to accommodate a large scale, mixed-use residential! commercial project. After the rezoning, the Motorola building was demolished and construction began on the townhouses and commercial buildings. The original Motorola tower, which is currently non-conforming under the SMU zoning district, still remains on the Renaissance Commons property. The property owners desire to move the existing tower from its current location and construct a new type of facility at a different, more desirable location on the subject property. However, they are prohibited from doing so because moving or replacing the tower would eliminate its legal non-conforming status. 'Page 2 CDRV 05-008 ANALYSIS As previously mentioned, the applicant is proposing to replace the existing tower, which is an aD-foot tall Monopole facility, with a decorative clock tower elsewhere on the Renaissance Commons property. The clock tower would be constructed within the sixth and final phase of the large scale, mixed-use project. According to the Land Development Regulations, stealth towers are currently defined (in Chapter 10) and are required to be architecturally compatible with existing buildings and / or structures on site. They shall be consistent with the character of existing uses on site. The accessory equipment associated with stealth facilities shall not be readily identifiable and in no case shall a stealth facility exceed 150 feet in height. The Land Development Regulations define a stealth facility as follows: "any telecommunications facility which is designed to blend into the surrounding environment and which is incorporated into and is compatible with uses otherwise permissible on site. Examples of stealth facilities include, but are not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunication and/or personal wireless services towers designed to look like light poles, power poles, clock towers or trees." It is important to note that the Land Development Regulations require a minimum separation distance of 250 feet between any telecommunication facility and the nearest residential district or residential portion of a Planned Unit Development (PUD). It further requires that towers be spaced a minimum of 750 feet apart. The applicant has informed staff that the proposed facility would comply with this basic requirement with the understanding that the nearest (exclusively) residentially-zoning district (i.e. Sky Lake zoned, R-1-A Single-family Residential) would be located over 900 feet away from the planned clock tower location. In fact, the previously approved master plan for Renaissance Commons (see Exhibit "D") identifies the anticipated location of the clock tower, which would agree with the applicant's assertion. However, the applicant proposes a separation distance of 50 feet between a telecommunication facility and a residential component of the SMU district, exclusive of integrated mixed-use buildings. It is important to note that according to the Telecommunication Act of 1996, "no state or local government may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions". Since this is the case, the city's Land Development Regulations cannot mandate the distance separation (between the facility and residential uses) due to the perceived ill effects of the radio frequencies on neighboring residential properties. However, a distance separation standard has value in preventing a proliferation of towers, which may negatively impact the visual environment, and therefore should remain in the absence of pure stealth requirements. As for the SMU zoning district, where the stealth standard would apply to architectural compatibility, the more relevant issue regarding cell towers now becomes their proposed height to ensure compliance with FCC safety standards rather than their proposed distance from residential uses. The applicant states two (2) underlying reasons for this code review request (see Exhibit "8"). They are as follows: 1. The lack of available property that is properly zoned that would allow another telecommunication facility; and 2. The lack of available property located in proximity to the existing, non-conforming tower that 'Page 3 CDRV 05-008 contains no void in the radio-frequency coverage. The applicant is requesting this code amendment with the assumption that a new telecommunication facility would undergo exhaustive review during the time when a formal conditional use application is made and that said facility would comply with all applicable regulations. A conditional use is a use that would not be appropriate generally, without restriction, throughout a zoning classification or district. Such uses however, if controlled as to area, location, number, or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity, and safety of the city. The standards for evaluating a conditional use include but are not limited to the following: Ingress j egress, off-street parking, refuse and service areas, utilities, screening and buffering, signs, setbacks and open spaces, general compatibility, height, and economic effect. Staff acknowledges that an unsightly, non-conforming telecommunication facility already exists within the SMU property and that its removal and replacement with a stealth facility, located within the clock tower, would only positively impact the subject property and outlying area. Finally, this code amendment affects only a limited number of properties, all of which, lie west of Interstate 95 and exclusively under the reviewing authority of the Planning and Development Board. RECOMMENDATION It is staff's opinion that the proposed amendments to the Land Development Regulations are the minimum necessary to achieve the desired results. This is due to the limited number of anticipated future telecommunication facilities needed within the SMU zoning district and outlying areas, coupled with the fact that a stealth facility, in this case, would be handsomely housed within the clock tower of the previously planned mixed-use community. Should other towers be sited at a later date upon any SMU designated lands, they too would be required to be of a "stealth" design, consistent with the design characteristics of surrounding uses. Therefore staff recommends approval of the proposed code review application. Community Redevelopment Agency review and approval is not required. Exhibits MRjelj S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-008 SMU Stealth Towers\Staff Report.doc Exhibit 'A' - Location Map 625 312.5 0 , 625 1,250 1,875 2,500 'Feet ..' . EXHIBIT "B" ~. Ruden ~II McClosky ~:1 r!, If! o j r,-'!.~^"" , I ui W%R 2 , 2005 L-_--..P' ____...' U '.'Icr:,' ','1'1 11 I I 222LAKEVIEW AVENUE SUITE 800 WEST PALM BEACH, FLORIDA 33401-6112 (561) 838-4542 FAX: (561) 514-3442 KIM.GLASCASTRO@RUDEN.COM I .__",1 February 9,2005 Telecommunication Tower Regulations Modifications Compson Associates of Boynton, LLC (the "Applicant") is requesting revIsions to Chapter 10, Telecommunication Towers and Antennas, and to Chapter 2, Zoning, of the City of Boynton Beach Land Development Regulations ("LDR") to allow stealth communication towers within the Suburban Mixed Use ("SMU") zoning district subject to conditional use approval and compliance with performance standards. A nonconforming tower exists on the Renaissance Commons SMU property. The Applicant desires to remove the tower, which is otherwise located in the middle of the new mixed-use community. The telecommunication providers ("Providers") utilizing the existing tower at Renaissance Commons have evaluated other sites to relocate their facilities, but the Providers are finding two problems: 1) lack of available property zoned with a district that allows communication towers and 2) lack of available property located in proximity to the existing, non-conforming tower so that no voids in system coverage are created. The nearest zoning district is Planned Industrial District (PID), in which towers are permissible, but a communication tower already exists on this property, and there is not sufficient room for co- location of the Providers' facilities on the existing tower. Property zoned Industrial (MI) is too far away from the current location to provide service coverage. Relocation of the existing Providers' facilities within Renaissance Commons is a viable solution to maintain and improve existing coverage. The Applicant's proposed LDR modifications require stealth technology to be employed within the SMU district, and require conditional use approval to ensure compatibility with the SMU uses and design standards. The requested revisions to Chapter 10 and Chapter 2 would facilitate the removal of an old-style, metal-framed communication tower from the middle of the Renaissance Commons project. A new stealth tower would be concealed as part of the clock tower feature in Phase VI of the development. This stealth tower will be requested in a subsequent conditional use/site plan petition. \ WPB:197496:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSelL, P.A. CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. pmRSBURCi . TALLAHASSEE. TAMPA. WEST PALM BEACH /cr VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon) NATURE OF AGENDA ITEM o o ~ o o o Administrative 0 Development Plans Consent Agenda 0 New Business Public Hearing ~ Legal Bids 0 Unftnished Business Announcement 0 Presentation C.' ) r:-~1 (.j} ~...,-{ c_ C ._{~'... ..,C _) ..-r; 1 en .~ ,.) : :':J '.' ._)--4 ~ ~. :.-...., _.... N ';:i~ -qOJ - f"Tl q:t> RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under Publifi Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject request be approved on May 10, 2005, with the inclusion of those properties fronting on Martin Luther King (MLK) Boulevard also being regulated under the proposed regulations. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-046. City Manager's Report EXPLANATION: PROJECT: AGENT: LOCATION: DESCRIPTION: Urban Commercial Districts (CDRV 05-004) City Staff ini tia ted . Community Redevelopment Agency Ar e a Request to amend the Land Development Regulations (LDR), Chapter 2, Zoning, Section 6 and Section 8.5, to create an overlay district to reduce the front, side interior, and side comer yard building setbacks for parcels currently zoned Office and Professional District (C-l), Neighborhood Commercial District (C-2), Community Commercial District (C-3), and General Commercial District (C-4), located within targeted areas of the CRA. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~ City Manager's Signature ;lc)z. k Plamting and Zo~ irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-004 Urban Commercial Overlay\Agenda Item Request Urban Commercial Dist. Overlay CDRV 05-004 5-17-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 05-046 TO: FROM: Chair and Members Community Redevelopment Agency Board Eric Lee Johnson, AICP ~ Planner V Michael W. Rumpf Director of Planning and Zoning THROUGH: DATE: March 30, 2005 Urban Commercial District Overlay (CDRV 05-004) SUBJECT: NATURE OF REOUEST Staff has been requested to consider this proposed amendment to the Land Development Regulations to reduce the building setbacks for properties within conventional commercial zoning districts in targeted areas of the city. The intent is to allow flexibility in site design by requiring a "build-to" line with regards to the required front, side, and side comer building setbacks. This will help to serve as a catalyst for redevelopment efforts on smail-sized parcels that have not or most likely would not be assembled as part of a large mixed-use project and maximize consistency with adjacent or nearby projects that are developed under the mixed-use zoning district. BACKGROUND As per the Federal Highway Corridor Community Redevelopment Plan, the City adopted the Mixed Use-Low (MU-L) and Mixed Use-High (MU-H) zoning districts on June 18, 2002. However, after 18 months of working with these regulations, staff determined that minor amendments were warranted to bring the regulations into closer conformance with the Intent of the Plan. The updates were made, in part, to protect neighborhoods of single-family homes that are or would be adjacent to potential mixed use districts. The mixed use regulations are and could be applied to those properties designated with Mixed Use (MX) and Mixed Use-Core (MXC) land use classifications (as shown on the City's Future Land Use Map of the Comprehensive Plan). Also in June 2002, the city created the Infill Planned Unit Development (IPUD) zoning district. The IPUD zoning district regulations were updated In 2004 to provide more direction to developers regarding compatibility with existing development, while stili omitting exacting standards. These districts were designed, in part, to encourage higher densities and Intensities, to help redevelop the older portion of the city while simultaneously creating an urban sense of place. It should be noted that reduced building setbacks Is a common element Intrinsic to all the aforementioned districts. The problem with current conventional commercial zoning district regulations Is that portions of a site may be developed for residential uses; however, the regulations do not encourage a true Integration of commercial and residential uses, and basically perpetuate the suburban "strip centers" that offer little or no connectivity, allow parking lots to Page 2 CDRV 05-004 Urban Commercial District Overlay separate the project from the adjacent roadways, and do not yield large projects with unified designs. ANALYSIS This report analyzes the required building setbacks of the CIty's conventional commercial zoning districts: Office Professional (C-l), Neighborhood Commercial (C-2), Community Commercial (C- 3), and General Commercial (C-4). According to the statements contained within the proposed Urban Design Guidelines, the current Land Development Regulations for the City's commercial districts encourage suburban-oriented development to occur. The commercial regulations require large front setbacks, low density, height limitations, and separation of uses. This type of zoning prohibits higher density development or mixed-use developments, which are appropriate In the portions of the Community Redevelopment Agency (CRA) area for redevelopment purposes. The outcome has prevented the City from experiencing the needed economic growth that other cities have experienced. In response to this type of development, the city created the mixed-use zoning districts, namely Mixed Use-High (MU-H) and Mixed Use-Low (MU-L) and staff is currently reviewing the possibility of creating additional mixed-use zoning regulations. In any case, the current regulations regarding the mixed use districts are very explicit In its Intent; to encourage quality development, redevelopment, and urban Infill in the City's older and blighted downtown and outlying areas. These regulations are very effective in cases when individual lots have been assembled or amassed as part of a large conglomeration for large-scale mixed-use developments. The new regulations appropriately steer the desired type of growth pattern. However, the problem occurs when commercially-zoned parcels, which are not a component of a mixed-use development, are too small and I or too isolated to be eligible for mixed-use zoning. Under the current regulations, the subsequent build-out of these types of lots would be bound to suburban zoning standards, resulting in a growth pattern Inconsistent with the newer, mixed-use developments advocated throughout the CIty's downtown and outlying areas. This inconsistency could hinder the City's effectiveness In managing the urban design for future development. Suburban standards in urban areas undermine staff leverage when negotiating with developers on Issues such as creating pedestrian-friendly corridors, concealing off-street parking areas, and regulating automotive-oriented uses. A solution would be to create an overlay district for commercial areas, which would complement the City's endeavor in promoting progressive and exemplary urban design (see exhibit "B"). If the proposed guidelines were approved, developers would then be bound to the building setbacks of the newly created Overlay District for properties of those targeted commercial areas. While the proposed code amendment does nothing to Increase the Intensity, height, or mixing of land uses In a given zoning district, It would help to harmonize the placement of buildings and address some of the Inconsistencies between urban and suburban regulations. Furthermore, it Is staff's opinion that the new Overlay District would not discourage property owners from assembling lots and rezoning to mixed-use districts and neither would the Overlay District perpetuate an undesirable growth pattern. RECOMMENDATION Staff recommends approval of the creation of the proposed Urban Commercial DIstrict Overlay. Any deletions or additions recommended by the Community Redevelopment Agency Board or City Commission would be ultimately reflected In the final ordinance. S:\P1annlng\SHAREO\WP\SPECPROJ\CODE REVIEW\CDRV 05-004 Urban Commercial OVer1ay\Staff Report.doc Exhibit 'A' - Urban Commercial District Overlay Map ? . 1,250 2,500 5,000 7,500 10,000 . Feet .+ s EXHIBIT "B" - PROPOSED CODE AMENDMENTS Sec. 8.5. Overlay zones. A. MARTIN LUTHER KINO BOULEVARD OVERLAY ZONE. 1. Oeneral. With the completion of the Vision 20/20 Redevelopment Plan, the City identified a segment of the Martin Luther King Boulevard as an area in need of redevelopment and revitalization. This section is created to implement the development and design recommendations in the Redevelopment Plan intended to create a traditional street corridor with pedestrian improvements, storefronts along the sidewalk, and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance, potted landscaping, store windows and public open spaces. All development within the Martin Luther King Boulevard corridor shall occur according to the provisions of the adopted plan as stated below. 2. Defined. The Martin Luther King Boulevard Overlay Zone is hereby established as the area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and west of Federal Highway right-of-way, along with those parcels adjacent to the north and south of these parcels that front on the Boulevard if assembled and development as a unified project. 3. Permitted uses. As currently defined in Chapter 2(5)(0) and Chapter 2(6)(B). 4. Prohibited uses. Reserved 5. Development standards. a. Parcels that have frontage along Martin Luther King Boulevard shall have a minimum front setback of 3 feet and a maximum front setback of 12 feet. b. Minimum side setback from interior lot lines shall be 5 feet, and a minimum of 3 feet and a maximum of 12 feet from corner lot lines. c. Maximum building height shall be 30 feet and subject to other provisions of Chapter 2(4)(F). d. Lot regulations stated within Chapters 2(5)(0) and 2(6)(B) except where superseded by the regulations stated herein. 6. Signs. Reserved 7. Design Standards. Reserved 8. Landscaping. Reserved 9. Parking. a. Parking space requirements shall be calculated in accordance with Section 11.H.16 of these zoning requirements, and shall be reduced by fifty percent (50%); b. Required parking spaces shall be owned or leased within one thousand (1,000) feet of the building to be served. (1) The distance requirements shall be a straight line measurement from a point on the boundary line of the property that is the subject of the application to the closest boundary line of the property on which the leased parking is located. (2) The property that is the subject of the application shall be posted with signage indicating to patrons the location of the off-site parking. c. Lease arrangements to provide required parking spaces shall be subject to approval by the Community Redevelopment Agency. (Ord. No. 00-30, ~ 1,6-20-00; Ord. No. 02-014, ~ 1,4-16- 02) B. URBAN COMMERCIAL DISTRICT OVERLAY ZONE. 1. Intent and Duroose. The pumose of this zone is to encourage the development and redevelopment of commercially-zoned parcels in a manner consistent with the pattern of development of parcels with Mixed-Use zoning classifications. In addition. any parcels subsequentlv annexed into the City of Boynton Beach within the boundaries of the Community Redevelopment Ae:ency area with commercial zonine: mav also utilize these setback reductions. follows: 2. The obiectives of this overlay zone are as a. Suoport and enhance revitalization efforts in the city's traditional commercial area: b. Allow flexibility in the site desisn in order to create a more urban environment by discouralring the nlacement of off-street parking: between the front of the building:(s) and the rights-of-way. Create Qptimal pedestrian environments through an,propnate seoaration from. and design of vehicular circulation areas: c. Allow flexibility in architectural desi{ffi and building bulk: while maximizing compatibility and harmonv with adjoining: development within the Defined area. 3. Defined area. The Urban Conunercial District Overlav Zone is established as the geog:raphical area as defined bv the boundaries of the following city Redevelonment Plans: a. Federal Hie:hway Corridor Conununity Redevelopment Plan. The boundary is generally described as the city limits to the north. the Intracoastal Waterway to the east. the municinal boundary to the south. and the Florida East Coast Railroad (F.E.C.) and Palm Boulevard (Northeast 4th Street) to the west. The legal descrintion is more particularly described in Exhibit 1.1. Anpendix of the Federal Hie:hwav Corridor Community Redevelopment Plan. b. The Ocean District Community Redevelopment Plan. The boundary is generallv described as Northeast 3rd Avenue to the north. Seacrest Boulevard to the west. F.E.C. Railroad to the east. and Southeast 2nd Avenue to the south. c. Bovnton Beach Boulevard Corridor Plan. The boundary is generallv described as the conunercially-zoned parcels located along Boynton Beach Boulevard. east of Interstate 95. and west of Seacrest Boulevard. The area is more particularlv defined on the Location Map on page 2 of the Bovnton Beach Boulevard Corridor Plan. 4. Development Standards. a. setback reauirements: Front yard Side (interior) yard Side (comer) yard Rear vard Parcels shall have the following five (5) feet to fifteen (15) feet zero (0) feet to fifteen (15) feet ten (10) feet to fifteen (15) feet shall be defined bvthe applicable zoning district regulations: b. Maximum building heie:ht shall be defined by the applicable zoning district rell:Ulations: c. Maximum lot coverage for buildinlZ( s) shall be 40 percent: d. Foundation landscaping and trees are reconunended to be installed within the reduced building setback areas. between the building(s) and property line( s). particularlv. where adiacent or visible from public and I or private rie:hts-of-way. C-I OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. C-3 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot depth Minimum lot area Maximum lot coverage (building) Minimum front yard Minimum rear yard Minimum side yards Maximum structure height 75 feet 120 feet 9,000 square feet 40 percent 30 feet! 20 feet 10 feet*l 30 feet, not to exceed 2 stories** IParcels located within the Urban Commercial District Overlav Zone are subiect to the required building setbacks pursuant to Chanter 2. Section 8.5.B.3. *When abutting residential district, side and/or rear yards shall be thirty (30) feet. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot depth Minimum lot area Maximum lot coverage Minimum front yard Minimum side yard (interior lots) Minimum side yard (comer lots) Minimum rear yard Maximum structure height 50 feet 100 feet 5,000 square feet 40 percent 30 feet 15 feet4<l 20 feet on side street! 20 feet* 25 feet, not to exceed 2 stories IParcels located within the Urban Commercial District Overlay Zone are subject to the required building setbacks pursuant to Chapter 2. Section 8.5.B.3. *When abutting residential districts, side and/or rear yards shall be thirty (30) feet. C-3 COMMUNITY COMMERCIAL DISTRICT 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot area Maximum lot coverage (building) Minimum front yard Minimum side yard 75 feet 15,000 feet 40 percent 20 feeti Nond- (see Notes (interior lots) a and b) 15 feet street sidd- (see Note b) 20 feet (see Notes b and c) 45 feet, not to exceed 4 stories IParcels located within the Urban Commercial District Overlay Zone are subiect to the required building setbacks pursuant to Chapter 2. Section 8.5.B.3. Minimum side yard (corner lots) Minimum rear yard Maximum structure height a. "Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one side. C-4 GENERAL COMMERCIAL DISTRICT. 3. Building and site regulations. No building or portions hereof shall be erected, con-structed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot depth Minimum lot area Maximum lot coverage Minimum front yard Minimum side yard (interior lots) Minimum side yard (corner lots) 50 feet 100 feet 5,000 square feet 40 percent 25 feet! 15 feet one side*l 15 feet on street side4<l 20 feet. 45 feet not to exceed 4 Minimum rear yard Maximum structure height stories Iparcels located within the Urban Commercial District Overlav Zone are subject to the required buildin2 setbacks pursuant to Chapter 2. Section 8.5.B.3. *When abutting residential districts, side and/or rear yards shall be thirty (30) feet. Q(..... CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM D. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon,) ~ June 7, 2005 May 16, 2005 (Noon) D April 19, 2005 April 4,2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17, 2005 May 2,2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM ~ Public Hearing ~ Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report ',) -,1 - <' ...-1...., ",""'- f'.) en ".' -Q :1' f"-' '-", 1 ...:';co _...: f"'l C"") i:> ,'Ole-, ::r: c,:, c) RECOMMENDATION: Please place this request on the June 7, 2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board recommended that the subject request be approved on April 26, 2005. Further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-272. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Florida Public Utilities (ABAN 05-001) Christopher Canino Florida Public Utilities Company South side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard Request to abandon a portion of an unimproved 30- foot wide road. DESCRIPTION: PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A ~~ City Manager's Signature Development Depa !vc)'1. ~ Planning and Z. irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Florida Public Utilities\ABAN 05-00 I \Agenda Item Request Florida Public Util ABAN 05-001) 6-7-05.dot S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC 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 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 05-0ab AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF THE REMAINING PORTION OF AN UNIMPROVED 30 FOOT WIDE ROAD RIGHT-OF- WAY LOCATED ON THE SOUTH SIDE OF OLD BOYNTON ROAD; (ABAN 05-001), SUBJECT TO ST AFF COMMENTS; AUTHORIZING THE 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, Florida Public Utilities is requesting abandonment of the remaining portion of an unimproved, 30 foot wide road right-of-way located on the south side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard, situated between a small parcel of land to the east (owned by the Florida Public Utilities) and a large parcel of land to the west used as a water retention area for Wal-Mart, 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 and Development Board, and the City Commission on the proposed abandonment; and WHEREAS, staffhas determined that the roadway provides no public service; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon the remaining portion of an unimproved, 30 foot wide road right-of-way located on the south side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard, situated between a small parcel of land to the east (owned by the Florida Public Utilities) and a large parcel of land to the west used as a water retention area for Wal-Mart, subject to staff comments, and more particularly described in the attached Exhibit "A." A location map is attached hereto as Exhibit "B." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. S:ICAIOrdinanceslAbandonmentslAbandonment. Portion of Old Boynton OS.001.doc 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 27 28 29 30 FIRST READING this -.fL day of IrI ~ SECOND, FINAL READING AND PASSAGE THIS _day of ,2005. ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:ICAIOrdinanceslAbandonmenlslAbandonment . Portion of Old Boynton 05-001.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon the remaining portion of an unimproved, 30 foot wide road right-of-way located on the south side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard, situated between a small parcel of land to the east (owned by the Florida Public Utilities) and a large parcel ofland to the west used as a water retention area for Wal-Mart, subject to staff comments, and more particularly described in the attached Exhibit "A". 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 May, 2005. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of May, 2005. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\OrdinanceslAbandonmenlslAbandonmenl - Portion of Old Boynton OS-001.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-272 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner ~ DATE: April 18, 2005 SUBJECT: Abandonment of a portion of a 30-foot right-of-way ABAN 05-001 NATURE OF REOUEST Mr. Christopher Canino, representing Florida Public Utilities, is requesting to abandon a portion of an unimproved 30-foot right-of-way, located on the south side of Old Boynton Road. This unimproved right-of-way is situated between a small parcel of land to the east (owned by the Florida Public Utilities) and a large parcel of land to the west used as the water retention area for Wal*Mart. The abandonment request was submitted on October 12, 2004. The platted right-of-way is 30 feet wide and slightly more than 250 feet long. It is described as follows: A portion of the 30-foot right-of-way lying west of and adjacent to Tract 42 as shown on the SUBDlVISON of Section 19, Township 45 South, Range 43 East, Palm Beach County, according to the plat thereof recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, said portion lying South of the right-of-way line of Old Boynton Road (as currently laid out and in use) as recorded in O.R.B. 4276, Page 1105 of the Public Records of Palm Beach County, Florida, and more particularly described as follows: BEGINNING as a point on the west line of said Tract 42, 20 feet south of its original northwest tract corner (said point being on the existing south right-of-way line of Old Boynton Road), thence run southerly along said west line of Tract 42, a distance of 252.13 feet to a point on the north line of a drainage easement as described in O.R.B. 10939, Page 1451, Public Record of Palm Beach County, Florida, thence run westerly along said north line of said drainage easement a distance of 30 feet to a point on the east line of Tract 45 as shown on aforesaid plat of the SUBDIVISION of Section 19 (said east line being also the east line of Tract "A" (stormwater easement) of the plat of WAL *MART AT BOYNTON BEACH, as recorded in Plat Book 94, Pages 140 & 141, of the said Public Records of Palm Beach County, Florida), thence run northerly along the east line of said Tract 45, a distance of 253.67 feet to a point on the said existing south right-of-way line of said Old Boynton Road, thence run easterly along said south right-of-way line a distance of 30 feet to the POINT OF BEGINNING. Subject to a 15 foot utility easement over the west 15 feet thereof. Although not indicated on the sketch, the applicant has informed staff that the subject right-of-way is 0.17 acres in area. The Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"- "Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a description of the land uses and zoning districts of all properties that surround the subject right-of-way. Page 2 Memorandum No. PZ 04-272 ABAN 05-001 North - Right-of-way for Old Boynton Road, then farther north is developed commercial (Boynton Beach Mall), zoned Community Commercial (C-3); South - Undeveloped drainage easement within the Wal*Mart Supercenter, farther south is an access driveway into the Wal-Mart Supercenter, zoned Community Commercial (C-3); East Undeveloped property currently owned by Florida Public Utilities, zoned Community Commercial (C-3), then further east is developed commercial property (Steak & Shake), zoned Community Commercial (C-3), still farther east is right-of-way for Winchester Park Boulevard; and West - Developed commercial (retention area and then further west is the main access road for Wal*Mart), zoned Community Commercial (C-3). BACKGROUND Wal*Mart Stores, Incorporated, received site plan approval in August of 1999 to develop a Wal*Mart Supercenter Store, located on the northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard. The plat, originally approved in 1917, showed a 30-foot wide street right-of-way running north to south across the subject property. The majority of said 30-foot right-of-way had been previously abandoned and incorporated within the Wal*Mart property. The subject abandonment request is for the remaining unimproved road right-of-way, that fronts on Old Boynton Road and runs southward, terminating along the northern boundary line of an east-west drainage easement. At one time, this unimproved roadway segment was part of a series of rights-of-way, most of which were abandoned in February of 2000 per Ordinance 00-005 and became part of the Wal*Mart development. This abandonment request would complete the abandonment of the entire right-of-way. The property located directly to the east of the subject right-of-way is owned by Florida Public Utilities. It formerly operated as a Gate Station but is currently operating as a Regulating Station for Florida Public Utilities. ANALYSIS When a right-of-way, such as this unimproved roadway, is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request. Normally, one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. The applicant requesting this abandonment is the owner of the property to the east, Florida Public Utilities When this request for abandonment was originally submitted in October of 2004, the applicant provided a sketch showing only a portion of the unimproved roadway to be abandoned, leaving a segment of the right-of-way intact. No public utility providers had issue with the subject request. However, upon further review, the City's Utilities Division recommended that the applicant revise the sketch and intended abandonment to include the entire defunct right-of-way to avoid any remnants. The applicant revised the sketch and re-submitted the request for abandonment. A summary of the responses from the utility companies and city staff is noted as follows: Page 3 Memorandum No. PZ 04-272 ABAN 05-001 CITY DEPARTMENTS/DIVISIONS Engineering Public Works / Utilities Planning and Zoning No objection Approval with conditions (see Exhibit "C" - Conditions of Approval) No objection PUBLIC UTILITY COMPANIES Florida Power and Light BellSouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No response (see Exhibit "CIf - Conditions of Approval). No objection No objection No objection N/A Excluding Florida Power and Light, all public utility providers have indicated that they have no objection to the applicant's request for abandonment. As of today, no response has yet been received from Florida Power and Light. No abandonment request would be complete until an affirmative response is received (see Exhibit "CIf - Conditions of Approval). Also, the Utilities Division is requiring that a utility easement be dedicated over the western half (15 feet) of the abandoned portion of the right-of-way. A dedication of a utility easement would grant the City legal access to the property for maintenance or upgrade purposes. RECOMMENDATION Staff has determined that the subject right-of-way does not serve a public purpose, and therefore is recommending approval of the request to abandon the 3D-foot unimproved roadway as described above, subject to the comments included in Exhibit "CIf - Conditions of Approval. Any additional conditions recommended by the Planning & Development Board meeting or City Commission will be placed in Exhibit "CIf - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Florida Public Utilities\ABAN 05-001\Staff Report.doc VIII.-PUBLIC HEARING ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates D Apri] 5, 2005 March ]4,2005 (Noon.) D June 7, 2005 D Apri] ] 9, 2005 Apri] 4, 2005 (Noon) [8J June 2], 2005 D May 3,2005 Apri] ]8,2005 (Noon) D Ju]y 5, 2005 D May ]7,2005 May 2, 2005 (Noon) D Ju]y ]9,2005 Date Final Form Must be Turned in to City Clerk's Office May ]6, 2005 (Noon) June 6, 2005 (Noon) June 20, 2005 (Noon) Ju]y 5, 2005 (Noon) .,') ) --i ..::,-< D Administrative D Development Plans NATURE OF [8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report ("..) U1 1 ~r:O ..', C::.} ..-< '2 ['..) '- - _;t' ..}j- .;-~, " CJ .:..::JX 'n -" OJ __ rT\ eJ):> .'1 C') :r: -0 ~,. ~ RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under Consent Agenda. The Planning and Developoment Board recommended that the subject request be approved on May 24,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-068. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Jeffrey Smith Variance (ZNCV 05-001) Jeffrey Smith Jeffrey Smith 2525 Southwest 14th Street Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a twenty-five (25) foot rear yard building setback to allow a 10-foot variance, resulting in a 15-foot rear yard building setback for an existing hard roof screen enclosure within the R-l-AA Single-family Residential zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/ A ALTERNATIVES: ~ J ~/~. ." Develop~~r 2_ C) '-L /--- Planning and z~ Director City Attorney / Finance / Human Resources S:\P]anning\SHARED\ WP\PROJECTS\2525 SW 14th Street\Agenda /tern Request Jeffrey Smith Vafr ZNCV 05-001.6-2] -05.dot ~ City Manager's Signature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-068 STAFF REPORT To: From: Chair and Members Planning and Development Board and City Commission .~ Michael RumpfltLJ . Planning and Zoning Director Eric Lee Johnson, AICP ~ Planner 0 Th ru: Meeting Date: May 24, 2005 File No: ZNCV 05-001 - Rear yard setback Location: 2525 Southwest 14th Street Owner: Mr. Jeffrey Smith Project: Solid-roof screened enclosure addition to a single-family detached home on a parcel zoned R-1-AA. Request: Request for relief from Chapter 2, Zoning Section 5.C.2, requiring a twenty-five (25) foot rear yard setback to allow a 10-foot variance, resulting in a 15-foot rear yard setback within the R-1-AA Single-family Residential zoning district. BACKGROUND The subject property is currently zoned R-1-AA, single-family residential (see Exhibit "A" - Location Map). It is located on the west side of Southwest 14th Street, just south of Southwest 25th Avenue. The lot was platted on September 27, 1961 as part of the Golf View Harbour 2nd Section subdivision. Both the lot, which is dimensioned 76.67 feet wide and 105 feet deep, and the existing house, conform to the current R-1-AA zoning district regulations. It should be noted that the abutting lots, located directly to the rear (west) of the subject property are zoned R-3 Multi-family Residential. Likewise, they also were platted in 1961 as part of the Golf View Harbour 2nd Section subdivision. The entire neighborhood is built-out with no remaining vacant lots. On April 23, 2003, Servinex Corporation, on behalf of the applicant, submitted a permit application to the Building Division in order to construct a solid-roof screened enclosure to the rear of the existing house. However, on October 23, 2003, the permit application #03-1418 was denied and subsequently red-tagged by the Building Division because the structure lacked necessary permits and was constructed 10 feet into the rear setback. The structure violates Chapter 2, Section 5.C.2 of the Land Development Regulations. The Building Division informed the Code Compliance Division and Case No. 03-2938 was opened. At the Code Compliance Board held on October 20, 2004, staff recommended that the applicant comply with the setback requirements of Land Development Regulations by April 15, 2005 or be subject to possible fines. The applicant's case is now tentatively scheduled for the May 18, 2005 Code Compliance Board meeting. Meanwhile, the applicant submitted this variance request on March 9, 2005. It is likely that Code Compliance staff will recommend tabling the case while the variance request is reviewed. Page 2 Smith Variance File No. ZNCV 05-001 The required building setbacks of the R-1-AA zoning district are as follows: · Front and Rear setback: 25 feet; · Side setback: 7.5 feet if lot is platted prior to June 13, 1975 The existing solid-roof screened enclosure does not meet the 25-foot rear setback requirement so therefore, a 10-foot variance is requested. It should be noted that on June 14, 1971, many of the lots on Block 19 of Golf View Harbour Estates 2nd Section (to the north of the subject property), were given a blanket variance to allow a rear building setback of 20 feet rather than 25 feet. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance} and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "0". With regards to the applicant's response to criteria ''a'' and ''b'; no circumstances appear to be peculiar to the land on which this variance is being sought. It is noted that the subject property abuts (to the rear) multi-family residential zoning, namely the R-3 zoning district. But, the rear building setback of the R-3 zoning district is 40 feet and would not be a factor to consider in this variance application. Therefore, staff does not concur with the applicant's justification that special conditions and circumstances exist, related to lot configuration, which are not the result of actions by the applicant. Based on this information staff has found no evidence of a hardship. In fact, this is a self-created hardship due to the negligence of the applicant's contractor. Despite the responses by the applicant, a variance is to be granted on the basis of a hardship, which is established by characteristics other than those created by the landowner, or previous owner(s) as a result of various site improvements or alterations. The emphasis of criteria "a", "b", or "e", in order to justify a hardship, is based upon natural or unique limitations relative to other properties within the neighborhood or similarly zoned. Page 3 Smith Variance File No. ZNCV 05-001 Staff does not concur with the applicant's arguments related to special privileges. Denial of this variance request would not deprive the applicant of the rights already enjoyed by others owning standard sized lots within this subdivision. Therefore, criteria "c"and "d"are not satisfied. With respect to criterion "e" above, which considers if the request is the minimum necessary to make possible the reasonable use of the property regardless of the placement on the lot, any substantial building addition to this single-family dwelling would still encroach into the rear setback. The proposed variance would allow improvements that permit "reasonable" use of the property, and which may contribute to an increase in the property value. Further the current trend within the city, as evidenced by newly constructed and redeveloped homes, tends to encourage similar improvements regardless of lot constraints. Regarding the intent of the zoning regulation, and impacts on adjacent properties, staff acknowledges that if the standard building envelope (and likewise for solid-roof screened enclosures) are expanded closer to property lines, the impacts on adjacent properties can include reduced light, air flow, and views. However, this is not the case with this particular request, due to the size of the proposed 1S-foot setback, of which, the city staff endorses through the proposed amendments to the Land Development Regulations, namely the proposed Rear Yard Setback Reduction. The Rear Yard Setback Reduction is analyzed and summarized as follows: According to PZ Memorandum 05-050, "staff reviewed numerous old variance applications to determine the extent to which the requests encroached into the required setbacks. It was determined that the rear setback variance was most frequently requested. This in many ways makes sense, since it is typically the largest area of the yard in which to expand the house, an addition to the rear of the house usually better integrates with the existing floor plan, and the addition would generally be further . removed from street noise. Additionally, staff examined the existing land development regulations and those from the previously adopted code to gain a better understanding of the rules under which many of the homes where constructed. This insight into the built environment helped form the basis for recommended changes to the land development regulations. Again, understanding the Commission's desire to promote home improvements and expansions without a complex process and onerous hardship criteria, without degrading neighborhood quality, staff has proposed the following modifications (see also Exhibit "A"): Reduction in rear yard setback requirements from 25 feet to 20 feet in all single-family districts; and Creation of an Administrative Adjustment (like currently existing in the code for non-conforming lots) to allow additional reductions in all yard setbacks. The proposed adjustments are minimal, again like those currently in the code for non-conforming lots, and would look something like this for a R-1-AA single-family lot, platted prior to June 13, 1975: Front Setback - 25 feet Rear Setback - 20 feet Side Setback - 10 feet With Administrative Adjustment - 20 feet. With Administrative Adjustment - 15 feet. With Administrative Adjustment - 8 feet. These proposed amendments were heard by the City Commission on May 17, 2005. Previously, both the Planning and Development Board and the Community Redevelopment Agency Board reviewed the proposed setback amendments and recommended their approval to the City Commission. Page 4 Smith Variance File No. ZNCV 05-001 The proposed solid-roof screened enclosure would be setback 15 feet from the north property line and over 30 feet from the south property line. Furthermore, it would be one (1) story tall and represent only a little more than one-third of the lot width. Therefore, it would have no impact on light, air flow, or views to the neighboring properties. Lastly, staff finds that granting of the variance would not be injurious to the area or detrimental to the public welfare. On the contrary, the proposed improvement would be consistent with the existing characteristics of the neighborhood, (i.e. lot sizes, lot frontages, house sizes, and house styles). CONCLUSIONS/RECOMMENDATION Staff concludes that the approval of the requested variance would enhance the community by supporting home improvements in the neighborhood without negative impacts upon the neighborhood or city, due to the fact that it would be consistent with the proposed revisions to the Land Development Regulations via the adoption of the Rear Yard Setback Reduction. Therefore, staff recommends that the requested variance be approved, thereby granting relief from the Land Development Regulations, Chapter 2-Zoning to allow: · A 10-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 15- foot rear yard setback. However, the approval of the variance shall be contingent upon the adoption of the proposed revision to the Land Development Regulations currently being proposed by staff (see Exhibit "E" - Conditions of Approval). Any conditions of approval added by the Planning and Development Board or City Commission will be placed in Exhibit "E" - Conditions of Approval. MR/elj S:\Planning\SHARED\WP\PROJECTS\2525 SW 14th Street\Staff Report.doc IX. - CITY MANAGER'S REPORT ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 AprilS, 2005 March 14,2005 (Noon.) 0 0 April 19, 2005 April 4, 2005 (Noon) l:8J 0 May 3, 2005 April 18, 2005 (Noon) 0 0 May 17,2005 May 2, 2005 (Noon) 0 NATURE OF AGENDA ITEM o Administrative o o o o l:8J Consent Agenda Public Hearing Bids Announcement City Manager's Report Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office June 7, 2005 May 16,2005 (Noon) June 21, 2005 June 6, 2005 (Noon) July 5, 2005 June 20, 2005 (Noon) July 19,2005 July 5, 2005 (Noon) 0 Development Plans 0 '-.'c_ New Business ...-" >c:" 0 Legal [,-:) 0 Unfinished Business w 0 Presentation u ... ~.....J -< ~.' -~i C.:: ..., -.... -:~ -'"- ~'riw U1 ;:~~ r~_':j rq n RECOMMENDATION: Accept the report from staff summarizing activities related to the contemplati6n ofa lease agreement with the Woman's Club, which would have allowed the City to manage and operate the Woman's Club building. EXPLANATION: In early 2002 City staff met with Woman's Club representatives to begin development of an agreement. The Woman's Club was dealing with operations and maintenance issues that exceeded their resources. Compounding the challenge, enrollment in the Woman's Club was declining. Since then, the Woman's Club has experienced an increase in rental revenue, completion of several capital improvement projects, and the addition of twenty (25) new members. PROGRAM IMPACT: Considering these recent events, the Woman's Club believes that at this time it would not be in their best interest to pursue a lease agreement with the City. FISCAL IMPACT: None ALTERNATIV,ES: Ask the woman's, Club to recons:der pursuing ~= the City. City Manager's Signature Recreation & Parks Department Name S:\BULLETINlFORMS\AGENDA ITEM REQUEST FORM. DOC City Attorney / Finance / Human Resources TO: VIA: FROM: DATE: SUBJECT: RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 05-61 Kurt Bressner, City Manager Wilfred Hawkins, Assistant City Manager Wally Majors, Recreation & Parks Director June 18,2004 March 2002 Woman's Club Recap Report March-May 2002 May 7, 2002 Received memorandum from Wilfred Hawkins regarding the development of a proposal to operate and manage the Woman's Club building. Staff met with Woman's Club representatives to begin development of an agreement that would allow the City to manage and operate the facility in a manner that would acknowledge the historical significance of the building and the vested interest of the Woman's Club membership. City Commission approved staff's recommendation to negotiate a lease agreement with the Woman's Club to develop a partnership that would address the long-term maintenance and operational needs, while maintaining the historical integrity ofthe building. Additionally, the Commission approved up to $12,000 for an analysis of the building by a qualified architectural firm. September 2002 Began meetings with Woman's Club negotiating committee. They were advised that a formal lease agreement would be necessary to enable the use of public funds to operate and manage the building. November 2002 Woman's Club submits initial proposal to the City. February 2003 Draft Lease Agreement is completed and reviewed by City Attorney's office. March 2003 Woman's Club negotiating committee endorses proposed Lease Agreement. April 28, 2003 The Board of the Woman's Club unanimously approves the proposed Lease Agreement. May 2,2003 Woman's Club membership approves proposed Lease Agreement. August 2003 Insurance appraisal of the building is completed. April 2004 Commission accepts PBS&J, Inc.'s proposal to conduct a condition assessment of the building. June 2004 Commission receives condition assessment report. May 2005 In the past year the Woman's Club has experienced an increase in rental revenue, completion of several capital improvement projects, and the addition of twenty-five (25) new members. Considering these recent events, the Woman's Club believes that at this time it would not be in their best interest to pursue a lease agreement with the City. However, they want to maintain a positive relationship with the City in case it becomes necessary to revisit this opportunity in the future. /wm XI. - NEW BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 AprilS, 2005 March 14,2005 (Noon.) r81 June 7, 2005 0 April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 D May 17,2005 May 2,2005 (Noon) D July 19,2005 Date Final Form Must be Turned in to City Clerk's Office May 16,2005 (Noon) June 6, 2005 (Noon) June 20, 2005 (Noon) July 5, 2005 (Noon) '~~~ :") .,-) --l ~''';-( {Jl D Administrative D Development Plans NATURE OF D Consent Agenda r81 New Business AGENDA ITEM D Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report _< :; Ij 0::> ........i I _ -n -'.... _1.. , _..... ... ~i-. " ---i .- , Cl ~~:.r:: -.,.,co ::- rrJ '.J> .'1("'") r:':.' CQ RECOMMENDATION: Please place this request on the June 7, 2005 City Commission Agenda under New Business for preliminary consideration of a requested code amendment. Staff recommends that the continued processing of this item be approved. If supported by the Commission, staff will complete its analysis of this request, and then present it to the Planning and Development Board prior to returning for [mal Commission consideration. Staff anticipates supporting this request, possibly with modifIcations to address compatibility and roof-top equipment, etc. See attached correspondence from Shayne Conover, agent representing the request, as well as department memorandum #05-084 for further explanation of this proposed amendment. EXPLANATION: PROJECT: Maximum building heights in Public Usage Zoning District -hospitals (CDRV 05-012) Shayne Conover, Kilday & Associates N/A City wide (Public Usage (PU) zoning district) Preliminary review of request to amend the Land Development Regulations, Chapter 2 Zoning, Section 5(J)(2) to increase maximum building height for hospitals from 45 feet to 75 feet, while retaining existing maximum floor provision of four (4) stories. AGENT: OWNER: LOCATION: DESCRIPTION: PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES' ~ City Manager's Signature Develo ment D artment D' ector ],,{) ~~ Planning and Zo n Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REYIEw\CDRY 05-012 building height - hospitals\Agenda Item Request Bethesda Mem.Hosp CORY 05- 012.6-7-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT Memorandum PZ 05-084 FROM: Kurt Bressner, City Manager Quintus Greene, ~ Development DireKc1v\. --(l(J~ Michael Rumpf,' Planning & Zoning Director May 18, 2005 Maximum building heights in Public Usage Zoning District -hospitals (CDRV 05-012) Preliminary review of proposed code amendment TO: THROUGH: DATE: RE: Staff has received a request to amend the Land Development Regulations, Chapter 2 Zoning, Section 5(J)(2) to increase maximum building height for hospitals from 45 feet to 75 feet, while retaining the existing maximum floor provision of four (4) stories. This amendment would be to the Public Usage (PU) zoning district, and more specifically to hospitals. The consulting firm Kilday & Associates, Inc. has submitted this request on behalf of representatives for the Bethesda Memorial Hospital. The request has been made to facilitate the planned addition of the comprehensive heart center to the existing hospital. Current zoning regulations limit buildings in the Public Usage zoning district to a maximum of 45 feet, and to a maximum of four (4) stories. Exceptions to the maximum height are allowed pursuant to Chapter 2. Zoning, Section 4.F, which permits certain ancillary elements of a building to extend above the maximum height conditioned upon stated criteria and ultimate Commission approval. Justification of the subject amendment is based on limitations of the existing site, and functional and equipment needs unique to the hospital. A cross-section of the proposed addition indicates that the location would be over the existing ambulance port, that the next floor would be devoted to mechanical equipment and exceed 6 feet, nearly 6 feet is required between the 3rd and 4th levels and between the 4 th level and the roof, and that each of the two occupied floors (levels #3 and #4) would have a minimum of 9 feet from floor to ceiling. Correspondence from the applicant reads as follows: 'The necessity of the proposed height of this expansion is due to the fact that all the hospital infrastructure to serve the surgical center and patient rooms, such as telecommunications, heating and ventilating, oxygen, etc. will run between each floor." , and 'The hospital must have the necessary clearance between each floor to be able to add more clinical space otherwise the facility would be limited to build only office space. ... There is no opportunity for the hospital to secure adjacent property for expansion so they are forced to build vertically to be able to continue to provide medical services to a growing population. " Page 2 Elevation drawings indicate that the roof would be at a height of 55 feet, the top of the parapet would be at 59 feet, and the highest point would be 72 feet at the roof of the stairwell. The zoning regulations have historically recognized the special height needs of the hospital and its related buildings, as it includes a special height provision within the C-1 zoning district allowing it to 45 feet compared to all other buildings which are limited to 30 feet. If directed to continue processing this request, staff will more closely examine the corresponding site plans, consider location in proximity to adjacent neighborhoods, and possibly consider more preferable code language regarding maximum height and roof-top equipment. For example, staff may alternatively recommend that the maximum height be lowered to approximately the height of the main building, and continue to process height exceptions as warranted for eligible structural elements. A code amendment intended to accommodate a single property or use is typically contrary to standard practice; however, staff supports the further review of this item given the uniqueness of a comprehensive hospital (Le. internal function and needs, location within a campus setting with ample setback from adjacent properties, etc.), and based on the apparent logic and reasonableness justifying the request. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-012 building height - hospitals\Preliminary review memo.doc Kilday & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 . Fax (561) 689-2592 E-Mail: info@kildayinc.com May 11 , 2005 Mr. Ed Breese, Principal Planner City of Boynton Beach Planning Division 2nd Floor 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 Re: Code Review Request for Bethesda Memorial Hospital Comprehensive Heart Center Our File No. 352.23 Dear Mr. Breese: Thank you very much for the comments based on your review of the Code Review request that was submitted to your office on May 6, 2005. Based on our phone conversation yesterday, you mentioned that it is Planning staff's recommendation that the following revision be made to the proposed code language. This revision would identify the maximum structural height allowed in the City of Boynton Beach in the Public Usage (PU) zoning district specifically for Hospitals. This Code Review request is to deviate from Chapter 2.5.J.2. and to revise the code language to read as follows (proposed chanaes shown in bold and underlined) : 2. Building and site regulations. No building or portion thereof shall be erected, constructed converted, established, altered enlarged or used unless the premises and building comply with the following regulations: Minimum lot frontage Minimum lot area Minimum front yard Minimum side yard Minimum rear yard Maximum structural height Maximum structural heiaht (Hospital Only) 75 feet 8000 square feet 25 feet 15 feet, each side* 25 feet* 45 feet, not to exceed four (4) stories 75 feet, not to exceed four (4) stories Mr. Ed Breese May 11 , 2005 Page 2 of 2 As outlined in my letter to you dated May 6th, this revision is being requested due to the fact that there are unique conditions that apply to Hospitals in comparison to other structures or buildings that are in the Public Usage (PU) zoning district. Therefore, the request is necessary to allow the hospital to construct the proposed Comprehensive Heart Center, in excess of the current height requirement. Thank you for your continued assistance. Sincerely, ~~La-~~~L Shayne Cof:1oVer / t; cc: Bob Broadway (Bethesda Memorial Hospital) Tom Porter (Bethesda Memorial Hospital) Mike Rumpf (City of Boynton Beach) H:/Client/352.23/Correspondence/Breese letter.5-11-05.doc XI. - NEW BUSINESS ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Office D April 5,2005 D April 19, 2005 D May 3, 2005 D May 17,2005 March 14,2005 (Noon.) D June 7, 2005 ~ June 21, 2005 D July 5, 2005 D July 19,2005 April 4, 2005 (Noon) April 18, 2005 (Noon) May 2, 2005 (Noon) NATURE OF AGENDA ITEM D Administrative D Consent Agenda D Public Hearing D Bids D Announcement D City Manager's Report RECOMMENDATION: Discuss Sister City representation May 16,2005 (Noon) June 6, 2005 (Noon) c:. (J"I June 20, 2005 (Noon) July 5, 2005 (Noon) I CO -0 ~ -...::.a D Development Plans ~ New Business +" \.J:I D Legal D Unfinished Business D Presentation .',---; .,;-< -...c_ ') ~Tl -,-1 I ~_~ ; _' .i ~. ., -q::::O -fT'I ~~) J> ,11n EXPLANATION: Jeanne Heavilin, Chair of the Sister City Committee has asked to relay information to the City Commission on two topics: 1. Invitation for a member of the City Commission to sit on the Sister City Committee. Their main objective this year is to seek out and retain a second Sister City relationship with either a community in the Caribbean or Ireland (or both). 2. Determination of whether the City is willing to designate an elected official to participate in a trip to Qufu, China in late July and whether the City Commission will authorize the use of City funds to pay for the costs of the trip by a City representative. The Mayor has indicated that his schedule does not allow a trip this year, in the event a trip is authorized. PROGRAM IMPACT: The City has an established relationship with the City ofQufu via Sister Cities International. This request enhances the level of participation and representation from the City organization. The public purpose served is to afford government to government meetings with City officials of Qufu, China. FISCAL IMP ACT: Estimated cost of the trip, if authorized is approximately $2,900, inclusive of ground transportation and accommodations. Side trips and travel costs for spouses or guests are not eligible for reimbursement. Per Diem and travel expenses not included in a package tour cost would to be reimbursed on the basis set forth in Ordinance 03-049. AL TERNA TIVES: 1. Do not authorize City Commission representation on the Committee or the trip. 2. Authorize City Commission representation on the Committee but require that the trip be paid _~~withP'ivatefund'. ~ Department Head's Signature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City Manager's Signature TENTATIVE ITINERARY & COST: QUFU DELEGATION Sunday, July 24th Monday, July 25th Monday, July 25th Tuesday, July 26th Wednesday, July 2ih Thursday, July 28th Friday, July 29th Saturday, July 30th Saturday, July 30th Sunday, July 31 st Monday, August 1 st Tuesday, August 2nd Wednesday, August 3rd Wednesday, August 3rd Thursday, August 4th Friday, August 5th Saturday, August 6th Sunday, August ih May 28, 2005 Beijing-Qingdao- Xian-Qufu-Shanghai Sunday, July 24 - Saturday, August 6 Leave WPB Arrive Beijing (two nights 7/25-26) Rest & Sightseeing - Beijing Meetings - Beijing Meetings - Sightseeing - OvernightTrain Arrive Qingdao (two nights 7/28-29) Meetings - Sightseeing - Qingdao Meetings - Sightseeing - Qingdao Leave Qingdao - overnight train Arrive Qufu (three nights 7/31-8/1 ,2) Meetings - Sightseeing - Qufu Meetings - Sightseeing - Qufu Leave Qufu - (Airfare Jinan to Xian) Arrive Xian (two nights Xian 8/3-4) Sightseeing - Xian Arrive Shanghai (airfair) Sightseeing - Shanghai (two nights 8/5-6) Leave Shanghai via Pudong Airport In China travel (in bold) Airfare(r/t) $200 Hotel Hotel $30 $175 Hotel Hotel $25 $75 Hotel Hotel $107 $200 Hotel $153 $200 $987 ORDINANCE 03- 04Q AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER ill COMPENSATION. OF THE PERSONNEL POLICY MANUAL BY CREATING A NEW SUBSECTION 09. ENTITLED "TRAVEL REIMBURSEMENT"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTNE DATE. WHEREAS, the Florida Legislature has enacted Chapter 2003-125, Laws of Florida to larify that municipalities have Home Rule authority to enact per diem and travel allowances; d WHEREAS, the City administration has recommended transfer of the City's egulations and procedures regarding travel and expense reimbursement for City employees om the Code of Ordinances of the City of Boynton Beach to the Personnel Policy Manual; and NOW, THEREFORE, BE IT ORDAINED BY mE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the Personnel Policy Manual (PPM) Chapter m is hereby amended y creating a new subsection in Chapter m. Compensation entitled "09. Travel eimbursement", providing for per diem and travel expense policies and schedules, as follows: ha ter III. Com ensation Travel Reimbursement - Per Diem and travel ex ense schedule. A Definitions. The following words shall have the meaning indicated: (1) Officer or public officer: A member of the City Commission. (2) Employee: Ani ndividual 0 n the city 0 ayroll whether commissioned 0 r not. 0 ther than an officer. who is filling a regular or full time authorized position and is responsible to the city. - Travel (3) Authorized person: a. A person other than a public officer or emDloyee as defined herein. whether elected or commissioned or not. who is authorized by the city to incur travel expenses in the performance of his official duties. b. A person who is called upon by the city to contribute time and services as consultant or advisor. c. A person who is a candidate for an executive or Drofessional position with the city. Traveler: A public officer. public employee. or authorized person. when authorized travel. (6) Common carrier: Train. bus. commercial airline operating scheduled flights. or ental cars of an established rental car firm. (7) Travel dav: A period oftwentv-four (24) hours consisting of four (4) quarters of IX 6 hours each. (8) etum. Travel Deriod: A period of time between the time of departure and time of (10) Class B travel: Continuous travel of less than twenty-four (24) hours which 'nvolves overni t absence from official head uarters. (II ) Class C travel: Travel for short or day trips where the traveler is not away from is official head uarters overni t. B. Ex ense Allowance for Public Officials Public Official shall receive. in lieu of reimbursements. a monthly expense allocation to cover travel and expense expenditures. The amount of expense allocation shall be established. and may be amended. by resolution of the City Commission. C. Reimbursement for Emplovees and Authorized Persons (I) All travel by an enlDloyee or authorized person must be authorized and aDproved bv the City Manager. or hislher designee. prior to the time of travel. Such reauests should not be authorized unless it is accompanied. Drior to the time of travel. bv a signed S:\CA\OrdinanceslAdministralive\Revlsed 091203 PPM Amendments - Travel Reimbursement.doc8:\C.~\OFEliAaAGesl.l\dmiAi8trali\l&\?PM !\meAdmeAts TFavel Relmbl.lrsemeAl-Q9G (2) ed to travel time or reimbursement. For fractional da of travel the followin (2) A traveler shall not be reimbursed on a per diem basis for Class C travel. but hall receive subsistence as rovided in this section which allowance for meals shall be ased on the followin schedule: a. Breakfast. when travel begins before 6:00 a.m. and extends bevond 8:00 a.m. b. Lunch. when travel beltins before 11 :30 a.m. and extends beyond 2:00 p.m. c. Dinner. when travel begins before 6:00 p.m. and extends beyond 8:00 p.m.. or when travel occurs during nighttime hours due to special assignment. No allowance shall be made for meals when travel is confined to the city or town of the official headauarters for immediate vicinity: except assignments of official business outside of the traveler's regular place of emplovment if travel expenses are approved. er diem and subsistence allowance. For oses of reimbursement rates and ethods of calculation er diem and subsistence allowances are divided into the followin ou s and maximum rates to be determined b the ci : All travelers mav be allowed for subsistence when traveling to a convention. onference or trainin course or when travelin outside the state in order to conduct bona Ide cit business which convention conference or business serves a direct and lawful ublic ose with relation to the cit in either of the followin : a. UP to fifty dollars ($50.00) per diem for travel in Florida. b. UP to the amounts permitted in paragraph (4) below of this subsection for meals. plus actual expenses for lodlring at a single occupancy rate to be substantiated by paid bills therefor. (2) All other travelers may be allowed same as subsection (1) hereof. (3) When lodging or meals are provided at a state institution. the traveler shall be eimbursed 0 nl for t he actual ex enses of 10d' or meals not to exceed the maximum rovided for in this subsection. (4) Meals onlv. All travelers may be allowed an amount for meals. while on fficial business u to the followin amounts: a. Breakfast. eight dollars ($8.00). b. Lunch. twelve dollars ($12.00). c. Dinner. twenty dollars ($20.00). d. Total for twenty-four hour period. forty dollars ($40.00). e. Additional amounts where special circumstances are appropriate as approved by he ci mana er. for vi Tmvel Reimllljf6emeAt.deG ill H. Other expenses. The following incidental traveling expenses of the traveler may be reimbursed: (1) Taxi fare. (2) Ferry fares: and bridge. road and tunnel tolls. (3) Storage or oarking fees.. S'\CA\Ordinances\Administrative\Revlsed 091203 PPM Amendments - Travel Reimbursement.docS:\CA'.OraiRaRG9s\AElmiRiatrati':e\PPM ^.m9RameR16 Travel Reimll"'F69IReRt.asG (4) Communication exoense. I v erifv that the e xoenses I isted above were incurred bv me as necessary travel exoenses in the oerformance of official City business and that m v request for reimbursement is true and correct as to every matenal matter Section 2. Should any section or provision of this ordinance or portion hereof, y paragraph, sentence or word be declared by a court of competent jurisdiction to be . nvalid, such decision shall not affect the remainder of this ordinance. Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of esolutions in conflict herewith be and the same are hereby repealed to the extent of such onflict. Section 4. Authority is hereby granted to codify said ordinance. Section 5. This Ordinance shall become effective when the following has occurred: (a) hnmediately upon passage for all employees not covered by a collective bargaining unit; and (b) For those employees covered under a collective bargaining agreement, when a collective bargaining agreement ratifying the foregoing changes to the Personnel Policy Manual has been ratified by the City Commission and the bargaining unit, or their successor organization. FIRST READING this ~ day of Serrt""~beR.. , 2003 SECOND, FINAL READING and PASSAGE this ~ day of ,2003. ACH, FLORIDA t CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI. - NEW BUSINESS ITEM C. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon) 0 April 19, 2005 April 4,2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20,2005 (Noon) 0 May 17, 2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda ~ New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under New Business for preliminary consideration of a request for code review. Staff recommends that the continued processing of this item be approved. If supported by the Commission, this proposed change in permitted zoning use will be carried forward to the CRA Board for their comments and approval before being advertised and brought forward for Commission consideration. Staff has not completed its analysis and report, but proposes this item preliminarily based on its furthering of redevelopment plans and initiatives. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-092. EXPLANATION: PROJECT: AGENT: LOCATION: DESCRIPTION: Condominium Hotels in Mixed Use Districts (CDRV 05-013) Staff-initiated Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity zoning districts Preliminary review of request to amend the Land Development Regulations, Chapter 2, Section 6.F. Mixed Use Zoning Districts to add "Hotel, Extended Stay" as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district; as a conditional use in the Mixed Use-Low Intensity (MU-L) zoning district; and to amend the defmitions of "Hotel" and "Hotel, Extended Stay" to include condominium hotel units. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~ City Manager's Signature hd A Planning anhoni~~or City Attorney / Finance / Human Resources S:\Planning\sHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-013 Condo Hotels\Agenda Item Request _ June 21, 2005.dot DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 05-092 TO: Chairman and Members Planning and Development Board Dick Hudson, AICP f):(-' Senior Planner Michael W. Rump;l\~ Director of Planning and Zoning FROM THROUGH: DATE: May 27, 2005 SUBJECT: Condominium Hotels in Mixed Use districts CDRV 05-013 NATIJRE OF REOUEST Staff is proposing an amendment to the Land Development Regulations, Chapter 2, Section 6.F. Mixed Use Zoning Districts to add "Hotel, Extended Stay" as a permitted use in the Mixed Use- High Intensity (MU-H) zoning district; as a conditional use in the Mixed Use-Low Intensity (MU-L) zoning district; and to amend the definitions of "Hotel" and "Hotel, Extended Stay" to include condominium hotel units. BACKGROUND The development regulations for the Mixed Use-High Intensity/Mixed Use-Low Intensity zoning districts currently list both "Hotel" and "Boutique Hotel" as permitted uses in the MU-H district. Definitions are provided for both of these uses, as well as a definition for "Hotel, Extended Stay", although "Hotel, Extended Stay" is not listed in the "Schedule of Permitted, Principal, Accessory And Conditional Uses" (Table 6.F.l). Recent pre-application conferences with prospective developers, as well as professional conferences staff members have attended indicate that condominium hotels are becoming a major component in the hospitality market in South Florida and in other vacation markets (see attached article, Exhibit A). Additionally, one development recently approved in the City has marketed hotel units as "Condominium Hotel units". Staff foresees additional requests for the use and therefore is proposing the code review. ANALYSIS Due to the difficulty in obtaining conventional finanCing for hotel projects in recent years, the "condominium hotel" or "condo hotel" has a become a popular product in the hotel industry. A condo hotel is essentially a hotel where the individual rooms are owned by separate owners, as opposed to having the entire block of rooms owned by a single hotel owner/operator. Since the individual rooms are sold to separate owners, the overall condo hotel project can be financed more like a residential condominium project, rather than a hotel, which has led to a surge in their popularity among hotel developers in recent years. Page 2 CDRV 05-013 Condominium Hotels in Mixed Use Districts From an operational and appearance standpoint, a condo hotel essentially looks and functions like any other hotel, with a management company in place to operate the facility and make provisions for such things as a central reservation system, maid service, maintenance, etc. Typically, all units are furnished the same for consistency purposes such that a hotel guest would not be able to tell from outward appearance that the rooms were owned individually. Since condo hotels are a relatively new concept that are likely to continue to grow in popularity, many local governments in South Florida are now revisiting their land development regulations and making revisions as necessary to address the attributes of such projects and to ensure that the facilities truly operate as hotels and not residential developments. For example, since the condo hotel rooms are owned by individual owners who may choose to occupy the hotel room at some time during the year, local governments are putting maximum length of stay limitations in their code to ensure that individual owners do not take up permanent residence in the units. The State of Florida defines "transient lodgings", which includes hotels, as "lodgings rented or leased to a specific party for a period of up to six months" and permits counties to levy a Tourist Development Tax (hotel bed tax) on them. Staff opines that limiting an individual's stay to "not more than 180 days in a calendar year" will provide that assurance. Since a condo hotel would likely take the form of an "extended stay hotel," City staff is recommending that the City Commission amend the City's definition of "extended stay hotel" as described below to address the attributes of the condo hotel and place appropriate limitations and requirements on such use. In addition, staff is recommending that the City Commission amend the permitted uses table for the "Mixed Use-High" zoning district to make it clear that "extended stay hotels", which would be the likely category to accommodate a condo hotel, are permitted in that district. The development of condo hotels is likely to be in conjunction with a mixed use project, which may include residential units; staff needs to also ensure that maximum allowable densities will not be exceeded. This would only become a problem if, at some future date, there was a request to convert hotel units to mUlti-family dwellings. The code amendments staff is recommending are attached (Exhibit B). RECOMMENDAnON It is staff's opinion that the proposed amendments to the Mixed Use zoning district regulations are the minimum necessary to achieve the desired results; therefore staff recommends that the proposed amendments be carried forward to the Community Redevelopment Agency Board for their review and comments. Exhibits S:\PLANNING\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-013 CONDO HOTELS\STAFF REPORT. DOC EXHIBIT A Condo Hotel Trends - A Look at the Big Picture in Vacation Home Ownership By Joel Greene -.................................................................................................................................................................................................................-.-................................................................................................................................... . . :::!:' Condo hotels are one of the hottest products in today's real estate market, New properties are:: ':: cropping up in different parts of the country and new buyers are entering the market daily. :.::.::::::::i: :~:n~~~~~e";~a~~~~~ ~:o~~~~~el~l~e~:U~~~ondo hotels, but sometimes It's worth taking a.:::.::::::::!: Condo Hotels In General: There is a spreading enthusiasm about the condo hotel concept. More people are recognizing its potential and therefore creating demand for more inventory. :.:::::::;: Condo Hotel Buyers: The average buyer Is 35-50 years old. Buyers for Florida properties,.::: ':::::' where condo hotels are most prevalent, come from all over the U.S. On the international front, most foreign buyers interested in U.S. property are from South America and Europe. The vast majority of buyers want condo hotel units primarily as investments and are focused on the potential for appreciation with the side benefit of hassle-free ownership. They see the ability to actually use their condo hotel unit as a vacation home as important but secondary to their goal of investment diversification. Condo Hotel Market: Virtually every single property that has come on the market to date has sold out in pre-construction. Most of these properties are mega high-rise buildings with on average 200-500 units, and with some in excess of 1,000 units. The speed with which these properties sell out is often as surprising to buyers as it is to the ! developers themselves. For example, the MGM Grand in Las Vegas, a 576-unit condo hotel, was 1 I expected to sell out in two years. It sold out in two months! The Platinum, a 255-unit property in I i Las Vegas, also sold out In Just a matter of a couple months. I .::.:::: Hot Areas: South Florida continues to be an extremely popular area and one that has Shown.::.:: :.j strong and steady appreciation. As already mentioned, the condo hotel trend which began in .1:.: South Florida has now spread out west. Las Vegas is leading the pack with many new condo and:. 1:. condo hotel developments in all price ranges being built. , I I Growth in Florida: Looking at South Florida, it's easy to see what is happening. Miami Beach, I 1 the hottest area, is all built up. There just isn't any undeveloped land. That's causing a couple of 1 I things to happen. Developers are heading to the northern end of Miami Beach (North Beach) and I i areas still further north such as to Sunny Isles and Ft. Lauderdale. 1 : : i 1 i i : : .:::.i; A new trend is developers buying existing structures in Miami Beach and either upgrading them,:.:. ::i as in the case of The Mimosa which was the former Brazil Motel, or knocking them down and i starting over, as in the case of One Bal Harbour in which a mUlti-family, high-rise building i I (Harbour House) was demolished and a five-star condo hotel built in its place. I j i i i I Finally, some properties are beginning to crop up inland. These condo hotels may not have 1 1 oceanfront views; however, they're within a few short blocks of a beach. Because they're not on I L...~.~.~...Q~~~n.t....t~.~~.~...PE2Q~!1!.~?...!.~.!}Q..JQ...Q~.J?.!:!.~~Q...!!.!.Qr.~...~.~Qn.Q!!.!.!~~.!.!Y..=..............._.................................................................................................1 r;;;~;;;~~-;;;~I;;~;~;i;~~I;~:;;~:~;;~~~;;,~;~;~;;;l ! example is Canyon Ranch Living in Miami Beach. People recognize the Canyon Ranch name and I 1 feel confident that this property will be of the same five-star caliber as its Arizona counterpart. ofl I course, it doesn't hurt that this property will have a 60,000 sq. ft. rooftop spa and fitness center. i . The Selling Process: A lot of properties take reservations of more than half the total project . ....:! long before they've even prepared their purchase contracts. This means that many of the best, 111 units are reserved months before any money changes hands and often before even the first :::':::;; spade of ground has been turned over. Those early investors are seeing some amaZing,.:.,,:: ..1 appreciation on their investments. 1 Prices: Like anything for which there is more demand than supply, prices keep going up, up, up. 1 ! Developers often raise their prices 3-5 times from when they start selling until they sell out. I ! Developers are no longer discounting prices at the beginning of the selling process when they are 1 1 anxious to get a few sales under their belt. This used to be common practice; it is no more I There are sometimes, however, some price adjustments made at the very tail end of the sellout phase when developers want to close out their property and move on to their next project. Generally speaking, with regard to price, the best time to get in is usually early on in the first pre-construction offeri ng. ! Quality: Most condo hotels being built are of four- to five-star quality. The reason is two-fold: 1) j I There is demand for the types of services provided by four- and five-star properties, and 2) I I Oceanfront land is so costly that it makes more sense for the developer to put in a luxury I ! property with units that he can sell at a premium price rather than lower priced units. I know it and also recognize the viability of these properties. They are more accommodating in expediting these loans. Contracts: Contracts that allow assignability have become rare. In the past, at some properties i buyers could place a deposit on a unit in the pre-construction phase and then flip their unit prior i i to when they had to close. Developers now want to be sure that they don't compete to sell their I last few units with investors who purchased early at pre-construction prices and are now re- selling them at below the developer's current prices. Resales: Some condo hotel unit resales come on the market. Of course, this is to be expected. Some of the earliest buyers now want to move on to something or somewhere else. However, the resale market is still relatively small, and it's hard to find a bargain. j Advice to New Buyers: How can buyers choose a condo hotel unit that will be a good ! i investment? It's best if they can work with a real estate broker who specializes in condo hotels I i and can make them aware of all products on the market. Aside from that, they should look for j t....!.!:!.~...f.Q.!.!.9.~.!n.9....~.!!~Lrn.~.!:!!~.;........................................................................................................................................................................._.......................................................................................J r"'i"ocaiio'i1.:..Re'aT"es't'a't'e...is...aTj"'.a"boui"i"ocaiio.n~"'B.e'ac'h'f;:o.n't'..p';::o'perti'es..'i.n"'so'uth."Fio'rj.da...;;.a.Ve...dO.n.e..................J I exceptionally well in recent years. Their appreciation has been significant. If you prefer a I i property that is not on the ocean, it's a good idea to select one in an area where you can expect I I to have business driven to your property, such as near a major convention center or in I I Downtown Miami near the financial district. ! i i ! Franchise: It's always safest to go with a major company, well-known internationally. Four I 1 Seasons, Hilton, Starwood, Rosewood, Setai and Trump are excellent examples. Ask yourself, I 1 would you likely stay in a Holiday Inn for $69 or the independent hotel across the street for $62? I ! Many investors or hotel guests will pay a little more for the comfort level they get with a well- I I known, well-respected franchise. I ' ! i Management Company: Compare the management companies and their rental sharing I I program. You will likely feel more comfortable investing your money in a condo hotel with an I """i,,! experienced, top-notch management company vs. an Independent operator. Also, It's worth"" :,:,,:; noting that an established management company does worldwide marketing and likely has a state-of-the-art reservation system that will help ensure your unit Is rented as much as possible.' , ' , Lt,!:!~~~~!~~.!;Q!!'L__~'!ICj~I"[!L~A'!9~ EXHIBIT B Chapter 2, Section 6.F. Mixed Use Zoning Districts TABLE 6F-l SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDmONAL USES USE GROUPIUSE MU-L ZONE MU-H ZONE Residential or Lodeine Use Group Bed and Breakfast C N Boutique Hotel N CD Hotel C p Hotel. Extended Stav C p Home Occupation p p 16. Deftnitions. The following are supplement deftnitions applicable only to the Mixed Use Zoning Districts, and therefore take precedence over deftnitions in other portions of the Code in case of conflict. Hotel: A building or portion thereof containing twenty (20) or more guest rooms, efftciency units or suites designed for the temporary lodging of transient guests rented on a daily basis and occupied bv the same occupant for less than thirty (30) consecutive days. Ancillary facilities may include conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to the guest quarters shall be through an inside lobby and corridors or from an exterior court which is within a secured area. The hotel rooms mav be under sinllle ownership or may be owned individually. provided all rooms are under sin Ie mana ement which rovides for central reservations and maid services and recei t and disbursement ofke s and mail b the attendant at the desk in the lobb or offtce. No hotel unit shall be converted to or used as a multifamilv dwelling without the orior aooroval of the City Commission and com liance with all a licable land develo ment re lations and the com rehensive plan. Hotel, Boutique: A small luxury hotel containing ten (10) to twenty (20) guest rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch service and room service may also be provided. err XII. - LEGAL ITEM A.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 5, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2,2005 (Noon) D July 19, 2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing ~ Legal " .._-, .;--<: D Bids D Unfinished Business _-:'::1 , D D ~........ ; Announcement Presentation -, :; N ;1 ~:J D City Manager's Report 01 ~ -"!'~ v ,;-i RECOMMENDATION: Please place this request on the June 7, 2005 City Commission Agenda underngal;:J ~ Ordinance - Second Reading. On February 1,2005, the City Commission approved this item (including First RMtling~ the Ordinance) thereby transmitting the corresponding Land Use Amendment request to the Florida Department o~ ~J ~ Community Affairs (DCA). The corresponding item has been returned from the DCA so all items are now ready for fmM' ~ ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-022. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Knollwood Groves (LUAR 05-001) Chip Bryan, Julian Bryan & Associates, Inc. Knollwood Groves, Inc. 8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road Request to rezone from Agricultural (AG) to Planned United Development (PUD). Proposed use: Single-family residential community. PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A ~ City Manager's Signature Developm Department Director ~t)~ ~ Planning and Z~g irector City Attorney / Finance / Human Resources S:\PJanning\SHARED\WP\PROJECTS\KnoIlwood Groves PUD\LUAR 05-00 I \Agenda Item Request KnoIlwood Groves LUAR 05-001 rezone 2nd reading 6-7-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 ORDINANCE NO. 05-0l~ 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF DRHI, INC., JULIAN BRYAN & ASSOCIATES, INC., ON BEHALF OF KNOLL WOOD GROVES, INC., TO REZONE A PARCEL OF LAND, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND ON THE SOUTHWEST CORNER OF THE INTERSECTION OF LAWRENCE ROAD AND THE L WDD L-20 CANAL (APPROXIMATELY 1 MILE SOUTH OF HYPOLUXO ROAD) FROM AGRICULTURAL (AG) TO PLANNED UNIT DEVELOPMENT (PUD); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 19 20 2 1 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 22 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 23 City; and 24 WHEREAS, Knollwood Groves, Inc., owner of the property located on the 25 Southwest comer of the intersection of Lawrence Road and the L wnD L-20 Canal 26 (approximately 1 mile south of Hypoluxo Road) in Boynton Beach, Florida, as more 27 particularly described hereinafter, has heretofore filed a Petition, through its agent, DRHI, 28 Inc., and Julian Bryan & Associates, Inc., pursuant to Section 9 of Appendix A-Zoning, 29 of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a 3 0 parcel of land, said land being more particularly described hereinafter, from Agricultural 31 (A G) to Planned Unit Development (PUD); and 32 WHEREAS, the City Commission conducted a public hearing and heard S:\CA \Ordinances\Planning\Rezoning\Rezoning - Knollwood.doc 1 testimony and received evidence which the Commission finds supports a rezoning for the 2 property hereinafter described; and 3 WHEREAS, the City Commission, acting in its dual capacity as Local Planning 4 Agency and City Commission has found that the proposed rezoning is consistent with an 5 amendment to the Land Use which was contemporaneously considered and approved at 6 the public hearing heretofore referenced; and 7 WHEREAS, the City Commission deems it in the best interests ofthe inhabitants 8 of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 10 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 11 Section 1. The foregoing Whereas clauses are true and correct and incorporated 12 herein by this reference. 13 Section 2. The following described land, located on the Southwest comer of 14 the intersection of Lawrence Road and the LWDD L-20 Canal (approximately 1 mile 15 south of Hypoluxo Road) in the City of Boynton Beach, Florida, as set forth as follows: 16 The North one-half of the Northeast one-quarter of the northeast one- 17 quarter, and the northeast one-quarter of the Northwest one-quarter ofthe 18 northeast one-quarter of Section 13, Township 45 south, range 42 east, 19 Palm Beach County, Florida. 20 21 Less and Except 22 23 The North 40.00 feet thereof and the East 40.00 feet of said north one- 24 half of the Northeast one-quarter of the northeast one-quarter. Said lands 25 situate in the city of Boynton Beach, Palm Beach County, Florida, and 26 contain 30.683 acres, more or less. 27 28 29 be and the same is hereby rezoned from Agricultural (AG) to Planned Unit Development S:\CA\Ordinances\Planning\Rezoning\Rezoning - Knollwood.doc 1 (PUD). A location map is attached hereto as Exhibit "A" and made a part ofthis Ordinance by 2 reference. 3 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 4 accordingly. 5 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 6 repealed. 7 Section 5. Should any section or provision of this Ordinance or any portion thereofbe 8 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 9 remainder of this Ordinance. 10 Section 6. This ordinance shall become effective immediately upon passage. 11 FIRST READING this ~ day of FebrUCl.-''f-,2005. SECOND, FINAL READING and PASSAGE this _ day of ,2005. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2 8 ATTEST: 29 30 3 1 City Clerk 32 33 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA \Ordinances\Planning\Rezoning\Rezoning - Knollwood.doc Exhibit A Knollwood Groves PUD LUAR 05-001 <<> 1.100 550 o 1.100 Feet N A DEVELOPMENT DEPARTMENT PLANNING. ZONING DMSION MEMORANDUM NO. PZ 05..022 TO: Chair and Members Planning and Development Board and Mayor a~~mission Dick Hudsg(~cp Senior Planner FROM: THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: PROJECT NAME/NUMBER: REQUEST: January 12, 2005 Knollwood Groves PUD/LUAR 05-001 Amend the future land use designation from Agriculture (A) to Low Density Residential and rezone from AG Agricultural to PUD Planned Unit Development PROJECT DESCRIPTION Property Owner: Knollwood Groves, Inc. Applicant! Agent: DRHI, Inc./Julian Bryan & Associates, Inc. Location: Southwest corner of the intersection of Lawrence Road and the LWDD L-20 Canal (Approximately 1 mile south of Hypoluxo Road) (Exhibit "A'') Parcel Size: :t30.683 acres Existing Land Use: Agriculture (A) Existing Zoning: AG Agricultural Proposed Land Use: Low Density Residential (LOR) Proposed Zoning: PUD Planned Unit Development Proposed Use: 145 single-family homes Adjacent Uses: North: Right-of-way of the LWDD L-20 Canal then single family residential development (Manor Forest) designated Low Density Page 2 File Number: LUAR 05-001 Knollwood Groves PUD Residential and zoned PUD Planned Unit Development South: To the southeast, developed single family residential (Nautica) designated Low Density Residential and zoned PUD Planned Unit Development. To the southwest, vacant land in unincorporated Palm Beach County designated MR-S Single Family Residential (5 du/ac) and zoned AR-Agricultural Residential East: Right-of-way of Lawrence Road then single family residential development (Citrus Glen) designated Low Density Residential and zoned PUD Planned Unit Development West: To the northwest, vacant land in unincorporated Palm Beach County designated MR-5 Single Family Residential (5 du/ac) and zoned AR-Agricultural Residential. To the southwest, single family residential development (Sunset Cay) also located in unincorporated Palm Beach County, designated RTU Residential Transitional Urban district. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the fOllowing reasons: 1. The requested land use amendment is consistent with the CityfS adopted ComprehenSive Plan, including the requirements for concurrency; 2. The requested land use and zoning are consistent with surrounding development; however, 3. While the proposed Master Plan meets the minimum requirements of the codef there are several issues that must be worked out with the County; therefore, 4. Staff would require that a final Master Plan, to be approved prior to final adoption of the rezoning, will address the issues of right-of-way width for the continuation of Miner Road and the provision of access and utility connections for an adjacent isolated parcel to the southwest, lying in the unincorporated area. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total :f:30.683 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing, a "Iarge-scaleff amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA proVides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) Page 3 File Number: LUAR 05-001 Knollwood Groves PUD determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This request is part of cycle 1 for calendar year 2005. Master Plan Requirements The regulations for the Planned Unit Development zoning district require that a master plan, including multi-year phases be submitted and reviewed for approval at the time of rezoning to PUD. The Master Plan accompanying the application is preliminary only. There are several issues to be resolved before a final Master Plan can be approved, which will occur prior to final adoption of the land use amendment and rezoning. The primary issues involve with Palm Beach County's requirement for right-of-way dedication for the continuation of Miner Road westward to Military Trail. Currently, Minor Road stops at Lawrence Road; however, the County's Long-Range Transportation Improvement Plan calls for a right-of-way of 110 feet along the north boundary of the property, while the Master Plan shows a dedication of only 80 feet. The requested dedication would not align with the improved portion of the roadway. Both the proposed right- of-way width and alignment are under discussion with the County. These issues must be settled prior to submittal of the revised Master Plan. Currently, the Master Plan shows one entrance off Miner Road. A 25-foot wide landscape buffer separates the residential lots from Minor Road and lO-foot landscape buffer easements are provided on the other three sides of the development. A lake/water management tract of 5.37 acres is located along Lawrence Road, and a O.69-acre recreation area is centered on the entrance and double loop roads, which are shown with 40-foot right-of-way widths that provide circulation through the development. Individual lots are not shown but are noted as having a typical size of 45 feet by 107 feet. The preliminary master plan included with the application, meets only the minimum criteria for submittal, and will be revised and reviewed again prior to adoption for details such as setbacks, preliminary drainage plans and specific consistency with adjacent planned developments. Staff has identified a potentially landlocked parcel in the unincorporated area abutting the subject property to the southwest. The County is requesting that the proposed development provide a SO-foot access easement and utility connections to the landlocked parcel. These provisions should be a condition of zoning approval. Review Based on Criteria The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 In the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning DivisIon and the City's risk Page 4 File Number: LUAR 05-001 Knollwood Groves PUD manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The subject property is not located in the hurricane evacuation zone, therefore the referenced po/icy is not applicable; however, other applicable objectives and policies contained in the comprehensive plan include: "Policy 1.17. 5 The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, or with implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment Master Plan. Policy 1.19.1 The City shall continue efforts to encourage a full range of housing choices, by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use Elements" The subject property is located outside the area of the City covered by the Bovnton Beach 20/20 Redevelooment Master Plan; however, the proposed development is similar in density and type of development to the developments surrounding it. Therefore it is consistent with the directions of Policy 1.17.5. The provision of single family homes, as proposed on this site, offsets the recent trend in the City to develop multi-family projects and townhouses, thereby increasing the range of housing choices available to the market, and providing consistency with Policy 1.19.1. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special priVilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent developments surrounding the site. c. Whether changed or changing conditions make the proposed rezoning desirable. It is unfortunate that this is the last agricultural parcel left in the City and has been viewed as somewhat of an institution; however, the costs of agricultural production and the fluctuating market conditions, have taken their toll on small grove operations throughout the state. The proposed land use amendment and rezoning are the minimum changes to the property, and are consistent with surrounding land uses and zonings, both in the City and the adjacent unincorporated area. d. Whether the proposed use would be compatible with utility systems, roadways, and other publiC facilities. Page 5 File Number: LUAR 05-001 Knollwood Groves PUD Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 72,600 gallons for water and 32,670 GPCD for sewer service based on an average of 2.5 persons-per- household and 145 houses in the development. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. Traffic analysis prepared by the applicant's consultants, shows that the proposed land use designation is consistent with the Transportation Element of the Palm Beach County Comprehensive Plan. The County Engineer has stated that the Traffic Division has no objections to the proposed change in land use. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the lO-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby propertie~ or would affect the property values of adjacent or nearby properties. The compatibility of the requested land use designation and rezoning has been discussed above. With the requested land use amendment, the property becomes more compatible with adjacent properties but would probably have a value-neutral effect on adjacent properties. f. Whether the property is physically and economically developable under the existing zoning. The property is currently in use as an agribusiness and has been for many years. It could continue as such, and the site could also be developed with one accessory residence. The pressures currently affecting agribusiness are briefly discussed above; therefore, it may not be economically feasible for the property to continue under this use. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The size of the subject parcel will afford a development similar in nature to surrounding residential development and will contribute to the range of housing opportunities available in the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. This is one of the last parcels of such size left in the city that could be developed for single family detached residences. Only one other parcel of similar size, the property surrounding the High Ridge Country Club, is designated for low density residential development. Page 6 File Number: LUAR 05-001 Knollwood Groves PUD CONCLUSIONS/RECOMMENDAnON!i As indicated herein, this request is consistent with the Intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be accommodated by the City at present; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. While the proposed Master Plan meets the minimum requirements of the code, there are several issues that must be resolved with the County; therefore, staff would require that a final Master Plan, to be approved prior to final adoption of the rezoning, must address the issues of right-of-way width for the continuation of Miner Road and the provision of access and utility connections for the parcel to the southwest, lying in the unincorporated area. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Plannlng\SHARED\WP\PROJEcrs\KnoUwood Groves PUD\LUAR OS-OOl\STAFF REPORT Knollwood PUD.doc Meeting Minutes City COmmission Boynton Beach, Florida February 1, 2004 applicant had agreed to Medium Density Residential as opposed to the High Density Residential shown In the Item's title on the agenda. The applicant reconfirmed this. City Attorney Cherof read Proposed Ordinance No. 05-009 by title only. Commissioner Ensler asked how many units were allowed per acre for Medium Density. Ms. Matras responded that it was 9.68 du/acre. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-009 (LUAR 05- 002). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 3-2, Vice Mayor McCray and Commissioner Ensler dissenting. B-2 High Ridge/New Urban Communities Request to rezone from Single-family Residential (RS) (Palm Beach County) to Planned Unit Development (PUD) (1ST READING OF PROPOSED ORDINANCE NO. 05-010) Mayor Taylor announced the first reading of Proposed Ordinance No. 05-010. City Attorney Cherof read Proposed Ordinance No. 05-010 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-010. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 4-1, Vice Mayor McCray dissenting. THE NEE77NG RECESSED AT 9:08 P.M. AND RESUMED A T 9:18 P.M. c. Project: Agent: Owner: Location: Description: Knollwood Groves (LUAR 05-001) Chip Bryan, Julian Bryan & Associates, Inc. Knollwood Groves, Inc. 8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road Request to amend :t:30.683 acres of land on the Comprehensive Plan Future Land Use Map from Agriculture (A) to Low Density Residential (LOR) (JST READrNG OF PROPOSED ORDZNANCE NO. 05-011), and 27 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Request to rezone from ~riCultural (AG) to Planned Unit Development (PUD) (1 READING OF PROPOSED ORDINANCE NO. 05-012) Proposed use: community Single-family Residential City Attorney Cherof swore in the persons who would be speaking on this item and requested that the residents try not to repeat what others had said, if possible. Mayor Taylor suggested that the discussion cover Proposed Ordinances No. 05-011 and 05-012 concurrently, and the applicant did not object. Dick Hudson, Senior Planner, stated that the request was consistent with the intent of the Comprehensive Plan, would not create additional impacts on infrastructure that could not be accommodated by the City at present, would be compatible with adjacent land uses, and would contribute to the overall economic development of the City. While the proposed Master Plan met the minimum requirements of the Code, there were several issues that had to be resolved with the County; therefore, staff would require that a final Master Plan, to be approved prior to final adoption of the rezoning, must address the issues of right-of-way width for the continuation of Miner Road and the provision of access and utility connections for the parcel to the southwest. The Planning & Development Board recommended at its January 25, 2005 meeting that this request be denied, until a complete master plan could be submitted. Michael Weiner, 209 S. Seacrest Boulevard, Boynton Beach, appeared on behalf of D. R. Horton, an organization that had completed five other projects in the City. Mr. Weiner felt that Staff's Report had covered all the salient points and proved the case for the developer. He reviewed each of the eight criteria that had to be met in the staff report. After the Planning & Development Board meeting, D.R. Horton went back to the drawing board to address some of the concerns of the residents. Most importantly, Mr. Bryan would be displaying the "filled-in" master plan. An aerial photograph was displayed, which showed that the zoning on each side of this project was 5 dujacre and this project was less than that. Mr. Weiner referred to the concerns of the community, as expressed at the Planning & Development Board meeting. He assured those who were present that this action was merely for a transmittal to the Department of Community Affairs. If the residents had 28 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 more questions, there would be another opportunity to air them and try to resolve them. The issue of Miner Road and the UO-foot right-of-way was discussed. Mr. Weiner believed that the developer and the residents should join forces to ask the County why it wanted to maintain an 110 foot long right-of-way on a road that was not going to be an east-west collector. If it went to Military Trail, it would be at an odd angle and would create other problems. He had spoken to County Commissioner Warren Newell's office about this and Commissioner Newell was aware that this was a community issue. The issue of this project changing the rural character of the area was discussed. Mr. Weiner indicated that the developer would be required to meet all applicable standards with regard to the survey of the remaining trees, regulations concerning the cutting and placement of trees, and the use and re-use of the indigenous species. This project would bring expansive lakes for drainage purposes, and some views and vistas that would be good for the residents of the project and the neighbors to the north. Therefore, they did not feel they were impacting the rural nature of the community and believed that they would be a better neighbor than a nursery or an agricultural use. Julian Bryan of Julian Bryan. Associates, Inc., represented the applicant and displayed the master plan for the project. He commented that this project exemplified the lowest density of any project in the City, 4.84 du/acre maximum. This plan was proposed for about 140 units, which would be approximately 4.50 du/acre. Over the next couple of months, the site plan and engineering plan would be developed and the lot sizes and locations would be identified. Dick Hudson commented that the five-acre landlocked parcel had been addressed in the Staff Report, which set forth a requirement that the developer provide access to this and sub outs for utilities, and they had taken care of that. Staff recommended approval. Vice Mayor McCray asked if the fruit trees that he referred to as having canker had been tagged by the Agriculture Department. Mr. Weiner did not know, but said Mr. Goldesitch, the developer's environmental consultant, had tagged them. Jim Goldesitch, President of Goldesitch & Associates, a biological consulting firm, said his firm had done the environmental assessment on the proposed site. Vice Mayor McCray asked if the Agriculture Department had been notified about the canker situation at Knollwood Groves. Mr. Goldesltch responded that the developer had not notified the Agriculture Department. Mayor Taylor opened the Public Hearing. 29 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Sergio Casaine, 13 Meadows Park Lane, Boynton Beach, a member of the Planning & Development Board, stated that the Initial proposal had been voted down at the Planning & Development Board since no master plan was available. They had also received a clear message from the developer that no master plan was ready because staff insisted that Miner Road be included in the master plan. That had now been explained. There was some feeling on the Board, also, that the serious concerns of the community required respectful consideration and address. He felt that the Commission needed to consider the needs of the citizens, along with the requirements of the various codes. The reason Mr. Casaine had changed his mind and now supported the project, was that he had learned that the developer had taken the homeowners' concerns very seriously and that they were not interested in including Miner Road as part of the project. Mr. Casaine felt that it was important for the City to consider the traffic situation citywide. Richard Nevitt, 7964 Old Military Trail, commented that his neighborhood to the north of the proposed project was a wonderful place to live, with kids, dogs, and horses. There were three horse farms, a dog-training farm, a tree farm, and a lot of properties where it was pOSSible to literally play in the streets. If Miner Road were built through the grove and then through his yard, it would seriously impact the quality of life in the area, possibly tripling the number of cars on the road. If the road were not continued, they would be happy with this project as a neighbor. Mayor Taylor commented that Miner Road could go through regardless of what was now there and this development did not make Miner Road either go away or get built. For the record, Mr. Nevitt wanted it known that they objected to the rezoning, if it involved this road. Mayor Taylor reiterated that either way, that road was not part of this parcel. The City could put a park there and the County could still run the road through it. Melissa Delisa, 7915 Manor Forest Boulevard, Boynton Beachl lives in the development just north of Knollwood Groves. She asked the City to preserve this land and possibly make it into a park. She felt that they could accept the removal of the orange trees if necessary; however, they wanted the City to consider the wildlife on the property, much of which was protected by Federal regulations. She commented on the number of buses that come to Knollwood Groves for educational purposes. It was sad to see this lost to their children. Knollwood Groves sells organic food that they grow on their property, much of it pesticide free. She asked the Commissioners to take a tour through Knollwood Groves. With the two local schools already overcrowded, this plan did not make sense. She asked the City to save some green space and reconsider the rezoning. 30 Meeting Minutes City COmmission Boynton Beach, Florida February 1,2004 Matthew Maxwell, 7939 Manor Forest Boulevard, mentioned the untouched, natural hammocks on this property that were some of the few remaining hammocks in south Florida. He pointed out that Knollwood Groves had been an institution and a tourist attraction in the area for over 70 years. Losing it would impact the tourism industry and what those tourists bring to the City. He believed that the City, the County, or the State should purchase this property and make a preserve of it. Roger Williams, 4540 White Feather Trail, lives on two acres on the property to the west of the proposed project. He asked the Commission to help the residents make their case to the County about not developing the Miner Road extension. Donna Hawkins, 7895 Manor Forest Boulevard, resides in the Lawrence Oaks Subdivision near the proposed project. Ms. Hawkins spoke of the Knollwood Grove area as a natural wildlife habitat. She was able to sit on her porch and view endangered species from her back yard. This area was part of the ecosystem of the State of Florida. If it had canker, then get rid of the orange trees but not the 1,000 year-old water oak tree, the 75 year-old gumbo limbo trees, five acres of jungle hammocks. The Audubon Society did a survey in Knollwood Groves in December of 2004 and found 23 endangered species of birds in residence on this property. If the property is going to be destroyed, some rules should be set. She spoke of the developer's plans to have two water retention areas and buffers. She saw their development down the road and she had seen what they called retention areas. She asked that they leave the two natural lakes already on the property for that purpose. This was the last stronghold for the environment in this area, and she asked that the environment not be destroyed. Beth Day, 4283 Redding Road, Boynton Beach, lives to the north side of the 5- acre landlocked piece of land. Her home had an easement for ingress/egress to the landlocked five acres. She was concerned after hearing that this piece of land was sold to the developer. She explained all she had done by way of checking into her rights at the time of purchasing her home. She did not believe that public access to that area would be allowed. Also, there was a 20-foot utility easement for the people that live on the north side of Redding Road. How close would the developer build to this easement? Were they planning on building one or two-story homes? Dennis Clark, 4376 Redding Road, Boynton Beach, stated that there was a piece of property to the north of Nautica on Lawrence Road that was supposed to be a civic center. The developer was supposed to give this land when the property was developed. It was an open area that would normally be used for a park. He understood this had been turned into a cachement basin for water with a walk around it. The Lawrence Oaks Subdivision had private property that was supposed to be used for their recreatIonal area that the City would not let them build on because of the trees on the property. They were without a recreational area in that subdivision. To his knowledge, 31 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 there were no parks set aside for the northwest section and he wanted to see the City address that issue. He thought that if the County were to turn that piece of Miner Road over to the City and if the Lake Worth Canal were filled in and the area landscaped, that it could be a suitable spot for a City park. He was not against the rezoning, but did want to see parks for the increased population. Mayor Taylor commented that there was a 4-5 acre space in Nautica that was planned as a park. David Shanks, 4602 White Feather Trail, Boynton Beach, built a horse farm for training horses. The expansion of Miner Road would affect him negatively. He asked that this issue be postponed until the County made a decision about the road. He thought the road issue should be settled before the rezoning and saw this as a rush to judgment. Larry John, 8244 Old Military Trail, Boynton Beach, asked for the City's help when they went to the County about Miner Road. He was under the impression that while the County did not plan to do anything about Miner Road in the next five years, there was a caveat that if the property were developed, the building of Miner Road would kick in. Mr. Bryan said this would not happen. Mr. John asked the Commission to look into this. Brian Cooper, 4411 Sunset Cay, Boynton Beach, stated that he lived in the development to the west of the proposed site. He was not against the rezoning, but was concerned about Miner Road. He asked that the 10-foot easement between Sunset Cay and the proposed project be extended to at least 25 feet to provide a more significant buffer between the two projects. They would have to have some kind of easement to access their properties from the other side. The developer may put two- story homes on this site and having two-story homes look down on one-story homes was not good for property values. Michael Loquercio, 4415 Sunset Cay Circle, Boynton Beach, echoed the comments of Mr. Cooper. John DeLisa, 7915 Manor Forest Boulevard, Boynton Beach stated that he did not want Miner Road extended since it would go through his back yard. He was concerned about the influx of traffic on Lawrence Road and the capability of the area schools to absorb all the extra children this project would bring in. His son's school was already overcrowded. Karen McKenzie, 8340 44th Court, Boynton Beach, said that she lived off White Feather Trail and that losing Knollwood Groves would limit the places in which her son 32 Meeting Minutes City COmmission Boynton Beach, Florida February 1,2004 could play. They had enjoyed looking at the groves and fishing in the canal. Her son could not go into Sunset Cay to fish and he could not go into Nautica whether there was a planned park or not, since their neighborhood had no access to it. There was not enough recreational space for kids to play. Herb Suss, concerned citizen, said he had heard the Commission say that Miner Road going through was not part of the deal. However, he felt they should look into that since it could affect the lives of the people who spoke. He thought that the Commission should work with the County and Commissioner Newell to find out what the County was going to do about this. He commented on the similarities between the concerns of the residents off High Ridge Road and the residents surrounding the proposed project. He commented on the lack of parks in the northwest and southwest parts of the City Mayor Taylor closed the Public Audience. Developer's Rebuttal Michael Weiner had been listening carefully to the concerns of the residents. He pointed to the City's rules and regulations and the Staff Report, in which this project met each and every test put before it. Many of the residents' concerns would be addressed at the time of site plan review. The developer would do whatever the State required in connection with the nora and fauna on the site. In terms of Knollwood Groves being a tourist attraction, Mr. Wiener wanted it known that leaving this area zoned Agricultural would have opened the door to a tomato patch, a hog farm, or a processing plant. For whatever reason, it was known that Knollwood Groves was going to be sold. This project represented the best opportunity the residents had to preserve some of the things the residents talked about on the site. He stated that there was almost 300 feet between houses in the development to the north and the proposed project. This was not likely to be found elsewhere. They had their house, their back yards, the canal, the canal maintenance easement, the canal itself, the 110-foot right-of-way, and their setbacks - all between the proposed project and the homes to the north. The people to the south would be happy to abandon the easement. When the site plan comes through, if they have two-story homes they would adjust setbacks to make sure there is some privacy. In regard to traffic and schools, the project had met all the concurrency requirements for both traffic and schools. Mr. Weiner believed that a commercial property like Knollwood probably generated more traffic than the proposed 140 homes would in the future. Commissioner Enster asked if there were any specific policies about Knollwood Groves in the Comprehensive Plan, and Mr. Hudson responded that there were not. Mr. Hudson 33 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 believed that Knollwood Groves was annexed after the ComprehenSive Plan had been written. Commissioner Ensler noted that the requirements for setbacks were different for PUDS and Single Family Residential. He was concerned about the setbacks for the PUD, since there was no site plan, for the homes directly adjacent to the property. Mr. Hudson replied that under the PUD regulations, the setbacks must mi rror the setbacks of adjacent developments. Commissioner Ensler asked If the developer could level the land with a clearing and grubbing permit before the City had an opportunity to review the trees and site plans, and so forth. Mike Rumpf stated that a clearing and grubbing permit could be requested and Issued prior to a development order being issued. It was not exempt, however, from City regulations. The City had tree preservation requirements and policies. There were County and State requirements about species of special concern and so forth. Those would be reviewed at the time they reviewed a request for a clearing and grubbing permit. The other permits for the site would follow the development order. Commissioner Ensler asked if they would be willing to withhold leveling of the land until there was full agreement on a site plan and the saving of trees. Mr. Weiner stated that it would not be necessary to wait until the site plan was approved. The clearing and grubbing permit requirements called for the developer to have the kinds of surveys that demonstrate that what they were allowed to take down what they were taking down. Commissioner Ensler asked Mr. Rumpf if he was comfortable that this process would protect the property. Mr. Rumpf responded that a process existed, although sites had been cleared in the past without the proper permits and reviews. This was a good discussion topic for a publiC hearing and a warning that there were tree preservation requirements and there could be species of special concern. Flora and fauna surveys may be required. Mr. Goldesitch said they had to do a tree survey, which identified the location and the size of the tree. Additionally, they have to note the quality of each tree. If there were a water oak tree, for example, they would give the diameter at breast height, the total height of the tree, and the quality on a scale of 1-5 in terms of its ability to survive, even if left atone. Mr. Weiner put on the record that D. R. Horton was not a company that would clear land without permits. Mayor Taylor was certain that any of the Commissioners would be on the side of the residents In any dealings with the County pertaining to Miner Road. It was the Commission's job to speak for the people. Although County Commissioner Newell had this district, he was only one of seven Commissioners so the County Engineer had to be convinced first. 34 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 In regard to the comments about keeping Knollwood Groves, Mayor Taylor stated that there was a contract for purchase on the table now, which means that the owners are willing to sell. It was not a matter of anyone trying to take anything away from the residents. He understood how people felt and he liked the Groves too. Mayor Taylor announced the first reading of Proposed Ordinance No. 05-011. City Attorney Cherof read Proposed Ordinance No. 05-011 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-011 (Amending Land Use Map from Agriculture to Low Density Residential). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll. The motion passed 4-1, Wee Mayor McCray dissenting. Mayor Taylor announced the first reading of Proposed Ordinance No. 05-012. City Attorney Cherof read Proposed Ordinance No. 05-012 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-012 (Rezone from Agricultural to Planned Unit Development). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll. The motion passed 4-1, Vice Mayor McCray dissenting. D. Project: Agent: Owner: Location: Dr. Go Daycare Center (CaUS 05-001) Dave Beasley Dr. Ka Hock Dy Go Southeast corner of West Boynton Beach Boulevard and Knuth Road Request Conditional Use/Major Site Plan Modification approval to allow conversion of 7,098 square feet of an existing 13,170 square foot office building for daycare use on a 2.037 acre parcel in a C-l zoning district Description: City Attorney Cherof swore in the people who planned to speak during this public hearing. Dave Beasley, 3570 Kitely Avenue, Boynton Beach, stated that the applicant agreed with all the conditions of approval. Dr. Ka Hock Dy Go came to the podium, but there were no questions. 35 ..1!.!!:!... ) /, ;/~ / /- ~ 'N" r\n ~:'\Y' I rIT\1 ~ ~HER OTH !itl /i ITi/ - t ~I _~I Exhibit A Knollwood Groves PUD LUAR 05-001 f- \::!s5I R/t--ff '" I-, ~1JIIl ~ ~". ~ :::R ~ ~ IT >%<! l/ 111"'"1 .\)> ~ - ;R ~~~ ^ 11111 II ~ i- III 1: ' "\ ~ ~~"'?J ~~ I- /1 ~ \,t:~~ TITI: c- I- ~J J.-. / ~ I 'Irm .1lT1TTTJ r= v-- Tn liT SHERATON .OANZA i:: IlEDMAN ~~ I }liUY J=, 1= t= ~/~ ~ ~ nil ,-, ~ ~ -,~ H I- I 1 III 1\' ~n - I ~ '/fllll f~t'6' . :lVJ' - '/ ~ z. ~~ ~ J! . "yI, !f~ J. 0.:::: " 'I ~pno::j 'f'f~ ::;: b:rnr2 I T IT\ "" I I IT I I I I I T I ; I I "'" ~ ~ 1'''~1l III I J) II b ~. .~ ''''/; IJl ~ r ^ Id. I..l I- ~ t- I::~ ~~ _Fr~ ~~ rrmT Irlffr!, Iff /I ,.-- ,,"\\\III1I~11I II '/ r::::lll. /1111 fii'ii'ffiii'f1Tl '- f@1~ r- ...---.. I ll! ::I .AITT 1,100 550 KENSKILL KIRKWOOD "G"~ "p.\.\.t> fa G p; III l! 1-= I ---1 ITF 1....-::'== HALLMARK NEW lOON 1) AROS PATRICIAN) ~ ~._ ._ ._._._ ._._...1 ,II L:~. ~ r- F - ~ t:t: /' ~. fA ~I- A',) ~\ I- /4 X, WJ>>;), i< ~~ \ / "'k.-t---.. 'i)..........\..---I = r= IviLENCIA /m\L .l~ I I I II / E II IT II T SUN TOP r ,-- SUN TREE SUN "'-.11.TIIII/lT I- :i 1= n V/1Tf11 I r I ':Ii I I I ~ o N A 1,100 Feet XII. - LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May 16, 2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2,2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business \, ' AGENDA ITEM -....,... 0 Public Hearing ~ Legal "'".'....- 0 Bids 0 UnfInished Business " -, . ~, c..Jl 0 Announcement 0 Presentation -0 0 -;;- City Manager's Report ..." ..~ c,..) .~,) ~ ) ---, --I ~ -;~ -< .:c; -;\ l '2 :,-c. - ;.\ "'l~ ..-, ' .-? :;;- ."0 RECOMMENDATION: Please place this request on the June 7, 2005 City Commission Agenda under Legal, :c Ordinance - Second Reading. The City Commission/Local Planning Agency held its fIrst of two public hearings on this item on May 3, 2005. For further details pertaining to this' request, see attached Department of Development Memorandwn No. PZ 05-035. EXPLANATION: PROJECT: AGENT: LOCATION: DESCRIPTION: Carwash in M-1 (CDRV 05-001) Michael Weiner, Weiner & Associates Industrial (M -1) Zoning District Request for an amendment to the Land Development Regulations, Chapter 2. Zoning, Section 8.A.4. M-I Industrial District, to allow carwashes as a conditional use. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: .'t- Developmen epa ent Director City Manager's Signature ~J-Z ~ Planning and Zo~ Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-001 Carwashes in M-l\Agenda Item Request Carwash in M-I CDRV 05-001 2nd reading 6-7-05.dot . ) \ C;ee... L-c):lCA ~ S;1-i) oC:::- S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ __ ~ ~~ ~ ~!"~ , ~ \~ ~ ,/:J-do\.- ~.~ ~~.-y.(<L 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 27 28 29 30 31 32 33 34 35 36 37 38 ORDINANCE NO. 05- ()).~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 2., SECTION 8 A. 4. TO ALLOW A CARWASH AS A CONDITIONAL USE IN THE M-l ZONING DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City's land development code identifies specific uses of commercial ctivity and fits those uses into established zoning districts consistent with the City's zoning Ian; and WHEREAS, from time to time, commercial uses not specifically identified as being ermitted, conditionally permitted, or prohibited in any zoning district emerge which cannot ow be considered for approval; and WHEREAS, the City commission desires to identify a previously undefined ommercial uses as a conditional use in the M -1 Zoning District. WHEREAS, prior to adoption, the Commission will conduct two (2) public hearings s required by ~ 166.041 (2)( c), Florida Statutes, as this ordinance changes the list of uses in he M-l zoning district. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, THAT: Section 1. Each Whereas clause set forth above is true and correct and herein ncorporated by this reference. Section 2. That Chapter 2. Section 8 A 4 of the LDR is hereby amended by reating a new subsection A 4.(g). as follows: fglc C'lr::washes. Section }.c Each and every other provision of Chapter 2, Section 8 A.4. of the and Development Regulations, not herein specifically amended shall remain in full force nd effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the ame are hereby repealed. :\CA\Ordinances\Planning\Conditional Use Amendment M-I 041105.doc 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 27 28 29 30 31 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 ~,. i I 2005. SECOND, FINAL READING AND PASSAGE this day of 005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner TTEST: Commissioner ity Clerk Commissioner CORPORATE SEAL) :\CA\Ordinances\Planning\Conditional Use Amendment M-I 041105.doc WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 ~ n' ,-i:~'Y'''':TO'1 BEt rH -- ~- C:_'" ':;'~!Fld:v I Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com [':: \( 2 Lr. Fi< r: 5 Lr MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMI R. MAUGHAM OF COUNSEL: ROBERT MARC SCHWARTZ, PA Florida Bar Board Certified Real Estate Lawyer MICHAEL R. HARRIS L.L.M. (In Taxation) May 20, 2005 Via Te/ecolJier and Reaular Mail City Clerks City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Proposed Carwash Facility Our File No.: PAUM002 Ladies and Gentlemen: This will confirm that my client has no objections to placing the issue regarding the text amendment for the allowance of carwashes as conditional uses to be placed upon the agenda of the City Commission on June 21,2005. We understand that this will be the first date at whi there will be a full Commission present. ~\~ MSW:lg cc: Mr. Mark Paulino (via regular mail) Ms. Meril Stumberger (via regular mail) Mr. Kurt Bressner (via regular mail) Mr. Michael Rumpf (via regular mail) PAUM002 Letter to City Clerks of Boynton Beach 5-20-05 TO: THROUGH: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENt PLANNING AND ZONING DMSrON MEMORANDUM NO. PZ 05-035 Chairman and Members PlannIng and DeVefoP~Board Michael W. Rumptf"~ DIrector of PlannIng and ZonIng Eric lee JOhnson, AICP C:;f Planner V February 17, 2005 CODE REVIEW / CORV 05-001 . Allowing carwash fadfltfes as condltfonal uses In the M-1 zonIng dIstrict. NAnJRE OF REQUEST Mr. Michael S. Weiner Is requesting that car wash uses be added to the list of conditional uses In the M-l Industrial zoning district. Spedflcally, the applicant Is requestfng that the COde be modified to allow these uses In the M-1 zoning dlstrfct west of Interstate 95, such as Congress Avenue. As proposed by the applicant, this code ~mendment would modify Chapter 2, ZonIng, Sectfon 8.A.4 to Indude the followfng: 9i~~c::a~':'::n:~ "use Is located a/of/a a matar artetfa/ maciK'c9v locaf:t:Jtl ~ of InterstRte BACKGROU"D 111e Clty's Occupational Ucense sectfon categorizes car washes Into multiple categories unlike the NorUl American Indusby Oasslflcatlon System (1997), whIch was fonneny the standard Industrial OassIIlcauon Manual (1987). Both federal PUblications group such establishments Into one (1) CIllegory, namely "Carwashesn. However, acx:ordlng w the OccupaUcnal Ucense sectlon, the aty Issues licenses for the following three (3) categol1es: #811190 Auto Detailing / Washing (22 licenses) #811193 Carwashes Coin Operated (4 licenses) #811194 Full Service Carwash (5 licenses) 1hIs year, the aty aJITeI1lIy Rcensed a total of 31 businesses that are considered w be a car wash type of use. Acc:ooIIng w the NAICS, "carwashesn Is the Industry where businesses are engaged In deanlng, wasl1Ing, and I or waxing autDmolfve vehIcles, such as P8SSenger cars, Inrcb, vans, and lnlIIers. The Inlent of the subject ClOde amendment request Is w BnOW the construc:Uon of 8 full service car wash on a vacant property zoned M-1. There are five (5) licensed full service C8rwashes In the dty. They are located In PI'Opel'\les zoned Communlly Cammen:IaI (003) and Planned Commen:lal Development (Pm). . Page 2 CORV 05-001 AN4LV$m Furr selVlce car washes are currently allowed as pennltted uses In the C-3 and PCO zoning dlstlfcts. Further, car washes are accessory uses to gasoline dispensing establfshments Whfch are COndltlonaf uses In the Neighborhood Commercial (C-2) zoning dlstrfct. However, car washes (of any kind) are currently not pennltted In the M-l zoning dlstrfct. staff has had several meetings with the appflcant and / or their dlent to dlsaJss the posslblflty of constructing a full service car wash on a vacant parcel In the M-l zoning district. The applfcant submItted sketches showing the conftguratlon of a car wash fadllty, Indudlng the drive aisles and parking areas. The applicant dId not proVide any written JusUftcatlon for the subject code amendment However, In today's convenience driven market, many companies operating as full servfce car washes desire locations along major arterfals for the added exposure and convenience. The property, earmarked for the full servtce car wash, Is SPedflcaffy located within the M-l zoning district afong a major road (Congress Avenue). Congress Avenue Is dasslfled as a Prindpal Arterial as defined by the Oty's Comprehensive Plan. Generally, heavy commercial and Industrial uses are consolfdated In areas that are Isolated from commercial nodes and pUblic view. These activities would nonnally OCaJr within the dty's Industrial zonIng dlstrfcts. The subject site, however, Is located within an area that has historically been a large, consolfdated, and compact Industr1al "district" of the city. The "dlstrfct" was the focus of a comprehensive study (The South Congress Avenue Industrial Conidor study) that was completed In 2002 to evaluate the exfSUng Industrfal uses and theIr vitality. South Conar.ee Avenue Study The Study area contaIned a homogenous mixture of ,ndustrfal uses. The major sectors were Constrvctton, Manufactutfng, Wholesale Trade, Transportation & WarehOUSIng, and PetSOnal & Ptof'esslonal Servtces sectors, which accounted for over 88% of all the licenses Issued. The Study revealed that there were 204 occupational licenses Issued for the area. Out of the 204 aoenses, 61 licenses or nearly 30% of them were Issued for businesses located along Congress Avenue. Interestingly, over 66% of the licenses Issued Within the Retail Trade category were for busfnesses located along Congress Avenue. However, the number of businesses engaged In Retail Trade In general was Insignificant within the entire Study area. Some of the Study's final recommendaUons that are gennane to this code review request Induded the follOwing: 1. Desa1be ComprehensIve Plan Amendment to acquire pm standards. Staff recommends strengthening and darffylng the language In the Comprehensive Plan regarding the PIO zoning district. By requIring the parcels over 15 aaas In area to rezone to PIO, retail uses would be accommodated In whIch, the M-l zoning dlstrfct would not ordInarily allow. ThIs attribute of the PIO zonIng dlsb1ct would allow for flexibility, WhIch In turn would aId In future development contributing to the economic base of the CIty; 2. DesIgn standards for M-l / PIO uses abutting. major arterials; and 3. Ust pennitted uses (for use approval) In the PIO. It should be noted that soon after the Study was completed, two (2) large tracts of vacant land were rezoned to allow for townhouses - a non-lndusb1a1 use. These events eliminated the need to revisit alf lIut.one of the IIlcMHIesaIbecl reoommendalIons name/y design SlIndanls Ipproprfate for Pl'OP8lUes In the M-l zoning dIstrict that front on major c:on1dors such as Congress Avenue. Page 3 (DRV 05-001 The general Intent and purpose of the C-4 and M-1 zoning dlsb1cts Is to provfde adequate space for more Intense commercial and Industrial uses. Therefore, automoUve uses within these dlstrfcts are relegated to those aforemenUoned areas that are heavy commercial or Industrial In nature. ACCOrdingly, the IntenUon Is to separate these sites from less-Intense COmmerdal acUvlty and oresldenUal neIghbOrhoods. Staff has acknowledged that historically, many properties In the C-4 and M-l zonIng districts were designed and approved for heavy commercfal and Industrfal uses WIth lower parking requIrements than theIr commercial counterparts. However, these older sItes have been converted for automoUve-lntensfve uses that possess hIgher off-street parkfng demands. The problem arises In sltuaUons when the automoUve uses become busier; the demand for extra parkfng spaces becomes more apparent. In the case of auto repair shops, the parking space dilemma starts WIth the accumulatfon of vehldes (either waiting to be serviced or retrieved by the owners) and the lack of excess or overflow parking spaces. However, wtth the excepUon of TIre KIngdom at 3030 South Congress Avenue, these older, heavy commercial and Industrfal sites are typically hidden and unseen from the major arterials. Retrofitting existing sites for more parkfng-lntensfve uses becomes problematic. The land Development RegulaUons do not spedflcally address the parkfng requfrements for automated car wash fadlltfes. ACCORflng to code, however, In no case shall less than four (4) outside partdng spaces be provided for any non-resldenUal use. The parkfng requfrements for car washes will be revfslted by staff dUring the re-wrIte of the Land Development RegulaUons. Permitted and Condltlona' Uses As previously mentioned, automotive uses are allowed In the M-! zoning district. ACCOrding to the HAlCS, there are a Wide range of business activities within the category of "automotive use". For example, gasoline dispensing establishments, auto retail store, and car washes are pennftted uses In the C-2, C-3, C-4, and PCD zoning districts but would be Inappropriate for Isolated Industrfallzed areas. 0 These types of establishments flourish In more commercialized, heavy traffic, and highlY-visible areas. Ukewfse, It Is very common to have a stand-alone car wash as a subordInate use (accessory use) to a gasoline dispensing establishment (prindple use). As Previously stated, gasoline dispensing establishments are generally located on major roads with high visibility. It should be noted that these gas stations are not pennltted by right but are approved as condltfonal uses. CondlUonal uses are those uses that are deemed In appropriate generally, or wtthout restrk:Uon, throughout a zoning dasslficatfon or district. Conditional uses require public hearings and are evaluated on a separate set of devefopment standards. staff reviews each request on a case-by-case basis, ensuring that they satfsfactorlly meet aff 13 standards for evaluSUng condlUonal uses. Any parking Issues can be reviewed and addressed during the condltfonal use I site plan review process. The condlUonal use process will allow for appropriate review for site capadty, particularly when Industrial to commercial conversIons are being requested. This case-by-case review Is appropriate for a car wash project given the lack of specific site standards In the code, potenUalfy Intense dlWlaUon c:harac:terlstfcs, POtential Impacts upon adjacent resldenUal neIghborhoods, and design objed:fves appropriate for uses proposed along major roadways. SUMMARY I RECOMNENDAnOfj A car wash Is a typical 8ClCI!SSOIy use lxI a gas station. Botl1 car washes and gas stations are highly. COI1lmerdalln nature, but are still dasslfted as an automoUve use. Commercial activities nonnally IUCX:eed on sites that offer a high degree of visibility. The subject request to anow carwashes In the M-l zormsr cIlslIfct can be justIfted by the fact that Olngress Avenue Is a major aJl1fdor wllh a high wlume of. traffic and Its high visibility would Inherer1Uy aUract the COmmerdal user. The Land Page 4 CORV 05-001 Development Regulations require gas stations to be located at Intersecuons along major thoroughfares. Therefore, It would be reasonable to allow a car wash to be located In the M-l zoning district along a major thoroughfare. staff Is In favor of this request, In part, because the subject property (as Identified by the applicant) Is vacant All parking Issues would be Immediately planned for and addressed during the site plan review process; the site would not have to be retrofitted to accommodate said use. staff recommends approval of the request to allow car washes In the M-1 zoning district as conditional uses but only with the amended language prepared by staff to proVIde additional safeguards In Implementing this amendment: eM-1 zoning dlstrfct) Olapter 2, Sec:tfon 8.A.4.o. Car Wash (Automatic or Self Servl~)* Furthennore, staff recommends allowing car washes as conditional uses rather than pennltted uses In the zoning distr1ds where they are currentfy allowed as pennltted uses (C-3 and C-4 zoning dlstrfct). In addItion, the followfng changes are proposed to proVIde consistency between the llautomoblle wash estabflshment'" heading within the use list and the current definltfon of car washes fOund In Olapter 1.ArUde U.Deflnltions. The modifications are proposed as follows: (C-3 zoning district) O1apter 2, SectIon 6.C.z. Autemoblle wash establishments car Wash (Automatic or Self Servf~)* (C-4 zoning dlSb1ct) OIapter 2, SectIon 6.0.1.e. Automobile Vlash establishment Car Wash (Automatic or Self Servf~)* The language proposed by staff recognizes the market demand, while at the same time preserves the perfonnance and design of the dty's shopping centers, the health of heavy commerdal/lndUSb1al zoning dlstrfds, as well as residentially-zOned properties. By Initiating the conditional use ft!qulrement.. IndMdual sites can be reviewed for optimum layout, buffering, and operation In order to maximize compatlbrllty with the sUlTOUndlng area. Furthennore, said projects can be reviewed for aesthetic design where visible from major public rights-of-way. The amended language proposed by staff would also help to further separate Incompatible land uses. exhibits MR/eU S:\PIannlng\SHARB)\WP\SPEQlROJ\CODE REV!EW\CDRV 05-001 Carwashes In M-1\Staff Report.doc City Commission City Manager City Attorney oP ,i City Clerk 1~-,'~ Lv-,p {. P. - -:2, v June 10, 2005 Dear Honorable Mayor, Vice Mayor and City Commissioners, The CRA Board has unanimously voted to request the, ability to formally review and make recommendations on proposed Ordiqance,Q5-021 pertaining to Carwash uses in M-1 zoning ar~as. The current drafted'ordinanee departs from the version that was forwarded'with comments from the CRA Board at our March 22ticf;2005 (Continued) Boam''Mcaeting. Several elements that would have made caiwashes a,conditiohal .lJ~~/ltistead of a permitted use itiC3 and C4 zoning were taken out. Also, the;:provision to limit the M-1 <lJS!it to certain corridors was changed to a1lM...1 d~ric;tS which is not in the best interest of the CRA, and the City's redeveloprne,n.t'a~, :'I'!'~ . We would thel'$f<)te wis,h: to review and make a recommendation on the actual draftedordlna~~. Th~ can easily be accomplished at our July 12th, 2005 meeting. ' ' Thank you for your ,time and consideration. Respectfully submitted, . " ~A/~~ /Jeanne Hea~i1in Chair RECEIVED JUN 1 3 2005 CJTY MAN.AGER'S OFFICE BoYNTON BEACH CoMMUNITY RmIYILOPMINT AGENCY 639 E. Ocean Ave. ste. 103 Boynton Beach. FL 33435 OffIce: 561-737-3256 · Fax: 561-737-3258 C.\MoneI_NicaIe Sh..llLelt8ralC_h M110fter IL05.dc>c r XII. - LEGAL ITEM A.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May 16,2005 (Noon) D April 19,2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17, 2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon) NATURE OF AGENDA ITEM D Administrative D Consent Agenda D Public Hearing D Bids D Announcement D City Manager's Report D Development Plans D New Business . _cr_ .. ~ Legal f'..) D U"; UnfInished Business D -n Presentation -;;..., (...) r"0 ,= -J .,., .--~. ~--', .- I,:) -'-'i~~ CD -- rTI S-'> ;TIO ::r: RECOMMENDATION: Please place this request on the June 7, 2005, City Commission Agenda under Legal, Ordinances-Second Reading. The City Commission approved this under First Reading on May 3, 2005. Staff recommends that pursuant to the requirements of Chapter 163 .3177( 6)( a), Florida Statutes, the Commission adopt by ordinance the Comprehensive Plan Future Land Use Map in Geographic Information System (GIS) format. EXPLANATION: The subject ordinance has been generated in response to the conversion of the Comprehensive Plan Future Land Use Map to GIS. Until now, the Comprehensive Plan Future Land Use Map has been maintained on mylar, through manual graphics means. The GIS conversion, in part will facilitate the availability of accurate land use information to all departments with GIS access, will contribute to the City's "e-government" service system, and allow for quicker automated updating of the map. PROJECT NAME: Comprehensive Plan Future Land Use Map on GIS PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A ~ City Manager's Signature kJ 7,~-? Planning and Zo . g lrector City Attorney / Finance / Human Resources S:\planning\SHARED\WP\SPECPROJ\FUTURE LAND USE MAP-GIS\Agenda Item Request - June 7, 2005.dot 1 ORDINANCE NO. 05- O~5" 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA ADOPTING 5 THE FUTURE LAND USE MAP IN GEOGRAPHIC 6 INFORMATION SYSTEM (GIS) FORMAT AS A PART 7 OF THE CITY OF BOYNTON BEACH 8 COMPREHENSIVE PLAN; PROVIDING FOR 9 CONFLICTS, SEVERABILITY AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, staff has developed a GIS system that is being implemented within the 13 City, which conversion will, in part, facilitate the availability of accurate land use information 14 to all departments with GIS access; and 15 WHEREAS, staff recommends adoption of this Ordinance to approve the conversion 16 of the Future Land Use Map to a Geographic Information System (GIS) format; 17 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing whereas clauses are true and correct and are now ratified 20 and confirmed by the City Commission. 21 Section 2. FUTURE LAND USE MAP: 22 23 24 25 26 27 28 29 30 31 32 A. Adoption. The designation boundaries hereinafter set forth and delineated on the future land use map, including all explanatory matter thereon, is hereby adopted. The future land use map shall be maintained as a digital format GIS document. The most recent version of the land use map shall be kept on file, in printed form, in the office ofthe City Clerk. B. Updates. The City Commission may amend the future land use map from time to time by ordinance. The revision dates and ordinance numbers shall be maintained in a separate data file in the office of the City Clerk. Section 3. All laws and ordinances applying to the City of Boynton Beach in 33 conflict with any provisions of this ordinance are hereby repealed. C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKDI \Ordinance (2).doc 1 Section 4. Should any section or provIsIon of this Ordinance or any portion 2 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 3 affect the remainder of this Ordinance. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTEST: 26 27 28 City Clerk 29 30 31 32 4 5 Section 5. This Ordinance shall become effective immediately. FIRST READING this _ day of ,2005. SECOND, FINAL READING AND PASSAGE this _ day of ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner C:\Documents and Settings\ferraral\Local Settings\Ternporary Internet Files\OLKDI \Ordinance (2).doc ORDINANCE NO. 05- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA L<\l\fENDINC THE L}-'LL~D DEVELOPl\fENT RECULA..TIONS, CHLA..PTER 2., SECTION 3. RECULATIONS L\ND MLA..P., SUBSECTION A. OFFICILA...L Z;ONINC l\{AP ADOPTING THE FUTURE LAND USE MAP IN GEOGRAPHIC INFORMATION SYSTEM (GIS) FORMAT AS A PART OF THE CITY OF BOYNTON BEACH COMPREHENSIVE PLAN PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff has developed a GIS system that is being implemented within the City, which conversion will, in part, facilitate the availability of accurate zoning information to all departments with GIS access; and WHEREAS, staff recommends adoption of this Ordinance to approve the conversion of the Official Zoning Map Future Land Use Map to a Geographic Information System (GIS) format; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2 Zoning. Seetion 3.A. is hereby amended by adding language in underlined type, and by deleting the words and figures in struok throligh type, as follows: FUTURE LAND USE MAP: A. OFFICIAL ZONING MAP. A. Adoption. The distriet designation boundaries hereinafter set forth and delineated on the offioial zoning map future land use map, including all explanatory matter thereon, is hereby adopted. The offioial zoning future land use map shall be maintained as a digital format GIS document. The most recent version of the official zoning map shall be kept on file, in printed form, in the office ofthe City Clerk. S:\Planning\SHARED\WP\SPECPROJ\FUTURE LAND USE MAP-GIS\Amending LDR - Chapter 2 GIS Land Use Map.doc 2. Updates. The City Commission may amend the omeial zoning future land use map from time to time by ordinance. The omeial zoning map sh8:ll be notated to list 8:11 revision dates. The revision dates and ordinance numbers shall be maintained in a separate data file in the office of the City Clerk. Section 3. Each and e'/oc)' other pro'/ision of the Land Development Regalations not herein specific8:lly ameRded, sh8:ll remain in full force and effect as originally adopted. Section 1. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 4 ~. Should any section or provision of this Ordinance or any portion thereofbe declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Al:lthority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this _ day of ,2005. SECOND, FINAL READING AND PASSAGE this _ day of ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\Planning\SHARED\WP\SPECPROJ\FUTURE LAND USE MAP-GIS\Amending LDR - Chapter 2 GIS Land Use Map.doc XII. - LEGAL ITEM B.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 5, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May 16,2005 (Noon) D Apri119,2005 Apri14,2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20,2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) -~l ..-1 RECOMMENDATION: Please place this request on the June 7, 2005 City Commission Agenda under ggal,;; S Ordinance - First Reading. The City Commission/Local Planning Agency denied the subject request under Conse~d.~~ co Legal, Ordinance - First Reading on April 19, 2005. At the May 3,2005 meeting, the City Commission acted to h~ tWBS; item reconsidered at its May 17th meeting. Following further consultation and pursuant to the approval by thRlanfi'~ Board, staff recommends that any height above 45 feet should be treated as a conditional use. (See attached ..... Ordinance). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-040. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Quantum Park MU Height (CDRV 05-006) Eugene Gerlica, P .E., Quantum Group of Companies Quantum Group of Companies Quantum Park PID Request amendment to the Land Development Regulations to increase the allowable building height from 45 feet to 75 feet, with conditional use approval, in Mixed Use (MU) PODs of the Planned Industrial District (PID) regulations. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~ .n:~ _ Develo~ ~ City Manager's Signature J-ud ~ Planning and Zo ~ctor City Attorney / Finance / Hwnan Resources S:\PlanningISHARED\WPISPECPROJ\CODE REVIEw\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRV 05-0066-7- 05 1 s reading-back.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 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 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDINANCE NO. 05-0a3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14 AND 7 P. 1. e. TO ALLOW A MAXIMUM BUILDING HEIGHT EXCEEDING FORTY -FIVE FEET IN HEIGHT BUT NOT EXCEEDING SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID MIXED USE POD, PROVIDING APPLICATION FOR BUILDING WITH A HEIGHT EXCEEDING FORTY-FIVE (45) FEET SHALL BE PROCESSED AS A CONDITIONAL USE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City's Pill Land Development Regulations limit building height to orty- five (45) feet; and WHEREAS, the City Commission has considered recommendations from City staff hat buildings in Pill mixed use PODS be permitted to a height of seventy-five (75) feet ubject to conditional use review/approval; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, THAT: Section 1. Each Whereas clause set forth above is true and correct and herein ncorporated by this reference. Section 2. That Chapter 2. Section 7 H. 14 of the LDR is hereby amended by as ollows: 14. Maximum Building Height. No building or appurtenances thereof within the Pill zoning district shall exceed forty-five (45) feet in height, with the exception of buildings in a Mixed Use POD pursuant to Section 7.P.1.e.1. Section 7.P.1.e Maximum Structure Height. Mechanical equipment which exclusively serves the structure shall not be included in the calculation of height. 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 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 e.1 Maximum Building Height. The maximum building height within a Mixed Use Pod shall not be greater than fiH3 (5) stories and shall be belm',' the Florida Building Code thresholds for a high rise c1assification.75 feet. Any building exceeding 45 feet in height shall be processed as a conditional use. Section 3. That Chapter 2. Section 7 P. 1.e of the LDR is hereby amended by reating new sections as follows: e.2. Building Height Measurement. Building height shall be measured fyom the lowest finish floor slab elevation of the proposed building to the peak of the stmcture, including any architectural details, stairwells, elevator shafts, etc. e.3. Height Setback Envelop. Minimum building setbacks shall be based on building heights for buildings greater than forty-five (45) feet in height. The height setback envelop is applicable where the Mixed Use development is adjacent to an existing developed single-family residential zoning district outside the PID. This minimum setback shall be three (3) times the building height for any multifamily or nonresidential stmcture. The setback shall be measured from the common boundary of the PID and the existing single.: familv residential zoning district of the midpoint of any intervening right-of- way. Section 4. Each and every other provision of Chapter 2, Section 7 of the Land evelopment Regulations, not herein specifically amended shall remain in full force and ffect as previously enacted. Section 5. All ordinances or parts of ordinances in conflict herewith be and the ame are hereby repealed. Section 6. Should any section or provision of this ordinance or portion hereof, ny paragraph, sentence or word be declared by a court of competent jurisdiction to be nvalid, such decision shall not affect the remainder of this ordinance. Section 7. Section 8. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon passage. FIRST READING this _ day of , 2005. uantum Park 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 005. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner TTEST: Commissioner 'ity Clerk Commissioner CORPORATE SEAL) uantum Park DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 05-040 TO: Chair and Members Planning and Development Board THROUGH: Michael W. Rumpf Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: March 4, 2005 SUBJECT: CODE REVIEW (CDRV 05-006) Quantum Park PID (Maxbnum BuDding Height In Mixed Use Pods) NA'I1lRE OF REOUEST Mr. Eugene Gerlica, representing Quantum Group of Companies, is requesting an amendment to the City's Land Development Regulations to allow an increase in the maximum allowed height in excess of the 45- foot limitation contained within the Quantum Park Planned Industrial District (PID). The request is specific to the Mixed Use (MU) pods in Quantum Park (see Exhibit "A" -Justification Statement). BACKGROUND The City's Land Development Regulations Chapter 2, Section 7.H.14 establishes the maximum building height within Planned Industrial Districts (PID). According to the Cll1TeI1t regulations, "No huilding or appurtenances thereof shall exceed forty-five (45) feet in height". To date, the residential construction OCcurring within Quantum Park has been primarily townhomes and apartments, which complied with the 45-foot height limitation. As a result of the most recent Quantum Park DR! amendment (NOPC #15), approved by the City COmmission on February 15, 2005, providing for an increase in the allowable number of dwelling units by 105, the Quantum Group would like to make provision for a vertical condominium residential option. ANALYSIS The requested amendment would affect only those properties within a Planned Industrial Distriot (PID) designated with a Mixed Use (MU) land use. Mixed Use pods only exist within the Quantum Park PID. Staff reviewed the Quantum Park Master Plan (see Exhibit "B" - Quantum Park Master Plan), and the only lots containing the "Mixed Use (MU)" designation are noted as follows: Lots 7-11 & 23-31: These lots are located on Quantum Boulevard, north of Gateway Boulevard and were approved for a townhouse development by DR Horton in 2002 mown as Quantum Townhomes Bast & West (now called Parkside). This project is nearly built-out. .rage .{. CDRV 05-006 Lots S 9-61 & 101: These lots are located on Quantum Lakes Drive, south of Gateway Boulevard and were approved for a rental apartment development by Olen Development in 2000 known as Quantum Lakes Villas. This projeot is complete. Lots 62-67 & 100: These lots are located on the south side of Gateway Boulevard, just west of High Ridge Road and were approved for an office, retail and rental apartment development by Olen Development in 2002 known as Quantum Park and Village South. The rental apartment component of this project is under construction. Lots 83-88 & 89-B: These lots are located on the north side of Gateway Boulevard, abutting High Ridge Road and were approved for an office, retail and townhouse development in 2002. The townhouse project (now called Canterbwy) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is currently under construction by Westbrooke Homes. The total acreage of the above-noted projects and designated for "Mixed Use (MU)" within Quantum Park is 94.86 acres, which is approximately 17% of the total aoreage of the DRI (553.13 aores). Additionally, only two of the "Mixed Use (MU)" pods are near the fiinge of the PID, abutting single-family residential. First is the Quantum Park and Village North project, which abuts a vacant tract of land to the west that is zoned single-family. Second is the Parkside townhouse project, which, as stated earlier, is nearly built-out and which abuts the L WDD E-4 Canal to the west and across the canal is the Dos Lagos residential community. It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be able to take adV311tage of the additional 105 dwelling units would be either Quantum Park and Village South or Quantum Park and Village North, since the office and retail components of these projects has not begun construction. The subdivision master plan for either of these sites would require a formal modification and review in front of the Board and City Connnission to incorporate the additional units while reducing other approved uses on the site. Based upon discussions staff has had with Olen Development, and their recent submittal for a Master Plan Modification and Major Site Plan Modification, they would intend to amend the plans for Quantum Park and Village South to accommodate the additional dwelling units, while redesigning the office and retail components. As justification for the request for additional height, Quantum states that "An increase in height will encourage the conservation of natural amenities by accomplishing the vested development intensities in a vertical manner in contrast to the land sprawl oflower height development". During discussions with The Quantum Group of Companies, they were encouraged to review the Suburban Mixed Use (SMU) regulations to understand how the City previously addressed a similar request. As a result, Quantum proposes the following changes to the Planned Industrial Development (PID) regulations: Revise Section 7.H.14 - Maximum BuDding Height, as follows: Section 7.H.14 - Maximum Building Height. No building or appurtenances thereof within the PlD zoning district shall exceedforty-five (45) feet in height. with the exception ofbuildines in a Mixed Use POD pursuarzt to Section 7.P.I.e.I. Renumber and revise Section 7.P.l.e - Maximum Structure Height, as follows: ::: ~J.= :=::: ~~ =="!"""BIH ,",10.\ ~_ ""'--.w fto/ H i,..,..,..;"., ~ _; Section 7.P.I.e.I) MllXlmum BuUdln1! Heigh e building helrht within a Mixe&t. Page 3 CORV 05-006 Use ~:'!:r~:ll :ot ::.:e::::u~~;,n ~:~ (5) stories and shall he helow the Florida Building Code thresholds for a ",,,h-rise class.{ CD . Add two (2) new subsections, as follows: As part of the requested code review, staff studied the Suburban Mixed Use (SMU) regulations, whioh allow mixed use in a vertical configuration, allow a height oomparable to that being requested by the applicant, make provisions to safeguard adjacent single family residential communities, and is being utilized in the immediate vicinity in conjunction with the Renaissance Conunons project. SIlMMARy As a result of staff's analysis of the proposed changes submitted by the applicant and staff's review of the existing SMU regulations, staff recommends the following amendments to the PID district regulations, which vary slightly from those suggested by the applicant: Revise Section 7.H.14 -Maximum BuUding Height, as follows: Section 7 H.14 - Maximum Building Height No building or appurtenances thereof within the PID zoning district shall exceed/arty-five (45) feet in height.. with. the exceotion q.fbui1dinfS in a Mixed Use Pod pursuant to Section 7.P.J.e. Amend Seotion 7.P .l.e. - Maximum Structure Height, as follows: ::::;::;;:".:::::::::::::'=:'::;::;:'Il/pIrIMtll.w.n __IeIy_ Page 4 CDRV 05-006 ~~. Iu~= Is hllthqf. I~_~:,.r::, ~ ::. =: -i:1ud1., an~ architectural details. rooftoJ' equiP e st el.. 'Q e . (2) The slight changes reoommended by staff, from the language proposed by the applicant, involve: (one)- the further defining (olarifying) of height in feet, rather than in stories; (two) _ the utiIimtion of SMU language in requiring structures between SS and 7S feet in height to be treated as a Conditional Use and denoting that height exceptions are not allowed; (three) - the addition of FEMA floodplain criteria as an additional option in detennining the base of measurement for height. RECOMMENIlATION Staffrecommends that staff's proposed amendments to Chapter 2. Zoning of the City's Land Development Regulations, specific to height regulations within the Mixed Use pods of PID zoning districts, be approved. It is staff's opinion that the Mixed Use COmponents of Quantum Park share many of the traits of the SubW'ban Mixed Use (SMU) zoning district being utilized at Renaissance Commons (former Motorola site), and similar regulations appear appropriate. 1:~TA\PLAmlJNGIsHAIu!mWP\PR.OJECTS\QUANroM PAlOOMU POD HEIGHT <DllV.DOC ..:!I~- QUAN j:'UM .;;jflir- G R 0 U P 0 F COM PAN I E S EXHIBIT A January 18,2005 Mr. Michael W. Rumpf, Director City of Boynton Beach Pepartment of Development Planni'lg & Zoning Division 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 RE: Quantum Park DRI CODE REVIEW - PID - MAXIMUM BUILDING HEIGHT Dear Mr. Rumpf: Pursuant to a proposed development order condition for the pending NOPC for the above referenced project we are requesting a code review, or more precisely a zoning code text Change, to accommodate the intended development Provided with this request are the following items. 1. Code Review Application Pee of $250.00, Check No. 1331, made payable to The City of Boynton Beach. . 2. QUantum Park PID Code Review Request Justification Statement and Discussion, dated January 2005. Please review the enclosed Justification Statement and schedule this Request for Consideration at the earliest possible date by the Planning and Development Board and subsequently by the City Commission. Final consideration of this Request by the City Commission on or before February 15, 2005 will not adversely impact the Project development schedule. If you should have any further questions, please feel free to contact me at any time. S~cerely, Eugene A' Oerlica, P.E. co: Doug MacDonald David Noms, Esq. Cohen, Noms, et. aI., (w/enel) Igor Ole~eo~ Olen Development, (w/enel) Steve Fike, Olen Development, (w/enel) F:\Quan1lmr Llmlttt/WOPClS CODE REPlE1P Bldg HtlRMmpf-lIf'ooCDRP200S-J./O.doc 2600 Quantum lalcea Drive. SuIte 101 Bovnton Beach. R. 33426 (561)740-2447 · Fax: (5611740-2429 e-maIl: quantgrpOqgc.cc QUANTUM PARK pm CODE REVIEW REQUEST JUSTFICATION STATEMENT AND DISCUSSION INTRODUCTION AND PURPOSE Quantum Park is zoned Pill; it is greater than 500 acres in size and contains a Mixed Use POD consisting of four (4) locations. This Code Review is requested to propose a zoning text change that will allow building heights in excess of the current maximum building height of 45 feet within the Mixed Use POD of Quantum Park Pill. This Code Review request is submitted pursuant to a proposed development order condition of the pending DRI- NOPC) and Master Site Development Plan amendment CUlTently under . .consideration by the City. 'mSTIFICATION STATEMENT AND DISCUSSION . A maximum building height greater than 45 feet will allow Quantum Park to optimize the stated intent and purpose of the PID district as setforth in the Code. Please consider the follOwing. An increased building height will better satisfy current demands for Mixed Use lands by encouraging development which reflect changes in land development trends relating to the topographic variety of the . Quantum Park site. An increased building height will encourage the conservation of natural amenities by accomplishing the vested development intensities in a vertical manner in contrast to the land sprawl of lower height. developments. An increased building height will permit economies in providing public services. I DR! - Development ofRegionallmpaot, NOpe - Notice of Proposed Change QUAN'IUM PARK PID - CODB RBVIBW REQUEST lanuary 2005 p,'IQua"tum LImlted\NOPCIJ CODE REPlEW B1dg HttCODE RBY1BW-RvJ.doo Page 1 of4 An increased building setback is proposed for buildings greater than 45 feet in height. The height setback envelope criteria will 'eliminate adverse impacts to existing adjacent single-family zoned lands. Over the years Quantum Park has evolved into a complex Mixed Use development. Please consider the following historical perspective. In 1984, Quantum Park was envisioned to be an emulation of the Silicon Valley type development in California. Quantum Park with over 4.0 million square feet of building area proposed for research ,and development companies would compliment the newly constructed Motorola Plant and the ffiM campus in Boca Raton. In 2005, the Motorola Plant is gone, ffiM is gone and the development in Quantum Park includes nearly 2.0 Mil square feet of warehouse/distribution space, a High School, a commuter train station, a , City Park, a private drug and alcohol rehabilitation facility, 1,000 residential units and a proposed police and fire station. Quantum Park and the City of Boynton Beach have evolved to include these desirable Mixed Use pockets of development complete with high-density residential and commercial space in close proximity. The high density and close proximity are key to promote the pedestrian use of connectivity 'facilities. Other examples of the mixed~use developments are the marina project, the CRA and the Rennisance project. These mixed-use projects include building heights in excess of 45 feet, some as great as 75 feet. Quantum Park may well be the most unique site topographically in Palm Beach County. The water management tracts are some of the lowest in the County at elevation 8.00, while the natUral grades are some of the highest at elevations in excess of 40.00. The constructed finish floor elevations vaty from'elevation 14.50 to in excess of elevation 35.00. An increased maximum building height, particularly at the lower elevations, is not only appropriate, but also desirable~ The proposed text amendment regarding the increased maximum building height will provide the Code criteria that will allow taller multifamily residential buildings. The individual homes may be a single floor product in contrast to the multistory residential units now existing in Quantum Park An additional housing product of this nature can be offered consuming less land area provided the maximum building height is increased. QUANTUM PARK PID - CODE REVIEW REQUEST January 2005 F:\Quantum Llmtted\NOPC1S CODE REYIEIr Bldg HtlCODE REJ'1EW-RvJ.doc Page 2 of4 CODE SECTION REFERENCE Chapter Two of the Code of Ordinances is the Boynton Beach Zoning Code. Section Seven (7) is the Planned Industrial Development District Code. Text amendments to the following subsections of this Section are proposed to address the maximum building height request. Section 7 .H.14 - Maximum Building Height Section 7.P.l.b - Definitions Section 7.P .t.e - Maximum Structure Height [This area left intentionally blank] QUAN'IUM PARK PlD - CODE RBVIBW REQUEST January 2005 . P:\QucrIltum LtmttedWOPCIJ CODE REP1EJY Bfdg HtICODE RlWIEW-RvJ.~ Page 3 of4 i . PROPOSED ZONING TExT CHANGES Revise Section 7 .H.14 - Maximum Building Height, as follows: Section 7.H.14 - Maximum Building Height. No building or appurtenances thereof within the PID zoning district shall exceed forty-five (45) feet in height, with the exception o/buildings in a Mixed Use POD pursuant to Section 7.P.l.e.l). Renumber and revise Section 7.P.l.e - Maximum Structure Height, as follows: Section 7.P.l.e.l) Maximum Building Height. The .maximum building height within a Mixed Use Pod shall not be greater than five (5) stories and shall be below the Florida Building Code. thresholds for a high-rise classification. Two (2) new subsections are proposed, as follows: Section 7.P.l.e.2). Building Height Measurement. Building height s.hall be 1I:Ieasured from the lowest finish floor slab elevation of the proposed huilding to the peak of the structure, including any architectural details, stairwells, elevator shafts ete. Section 7.P.I.e.3). Height Setback Envelop. Minimum building setbacks shall be based on building heights for buildings greater than 45 feet in height. The height setback envelope Is applicable where the Mixed Use development Is adjacent to an existing developed single-family residential zoning district outside the PlD. This minimum setback shall be three (3) times the building height for any multifa~ily or nonresidential structure. The set back shall he measuredfrom the common boundary of the PID and the existing single-family residential zoning district or the midpoint of any intervening right-of-way. QUANTUM PARK PID - CODB RBVIBw REQUEST lanuary 2005 .F,'\Qualitum LlmlUdWOPC1S CODE RBJI1BW Bldg HtlCODE REPIl{WJlvJ.doc Page 4 'of4 i i 11~1"!!l U iflU 'ill , f "I J I , i .! !I : 'I f · ii " f 1 ".~ · f !, .. f. I ' ,. I . . tj ! r I ., I ~ EXHI IT E OOHGllas A WNUI: ... . ~ ~I '~ P!~ i I"'.~ WQ , -fi "i ;l . . . I i I I I I~I I~ f ~ ilx~II'~:iRQO!31 ~ i If ~I e = l~i~g~mCi~DG 1 1111111111111 ... ~~igg oone WIg 0 !~"I ~ : IIlml'lll ~ ~ill& ~ I n'af II '1 IF. · -- GIII\ '1.- 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 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDINANCE NO. 05- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14 AND 7 P. 1. e. TO ALLOW A MAXIMUM BUILDING HEIGHT EXCEEDING FORTY-FIVE FEET IN HEIGHT BUT NOT EXCEEDING SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID MIXED USE POD, PROVIDING APPLICATION FOR BUILDING WITH A HEIGHT EXCEEDING FORTY-FIVE (45) FEET SHALL BE PROCESSED AS A CONDITIONAL USE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City's PID Land Development Regulations limit building height to forty-five (45) feet; and WHEREAS, the City Commission has considered recommendations from City staff that buildings in Pill mixed use PODS be permitted to a height of seventy-five (75) feet subject to conditional use review/approval; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMl\fiSSION OF THE CITY OF BOYNTON BEACH, THAT: Section I. Each Whereas clause set forth above is true and correct and herein incorporated by this reference. Section 2. That Chapter 2. Section 7 H. 14 of the LDR is hereby amended by as follows: 14. Maximum Building Height. No building or appurtenances thereof within the Pill zoning district shall exceed forty-five (45) feet in height, with the exception of buildings in a Mixed Use POD Dursuant to Section 7.P.l.e.1. ~~ :.~! .e MIlKimulB SlI'Ileture Hei~t. MeehtmieaJ ::; ~eh exehlsivcly serves the struet\:lre shall Hot be iHeludeEl iB th;;;;;i . 1. e.1 Maximum Building Height. The maximum building height within a Mixed Use Pod shall not be ~ter than Ii,'e :S;.IO~ ",::"~I be bOlO"::," F1.ri~ Buildiftg Cede thresholds fer a .~igh ris las ifieat' .75 feet. An buildin exceeding 45 feet in height shall be processed as a conditional use. ~'~~~m~~ ~s:~~ :1~~~~~~S\~n:~~:t::~ ~~KIE\Ouantum Par~ H~i~ht.docS:\C:\ \OMiRaRee8\PlaRft.iRg'.~;di~;';iyS: ~ . . 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 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Section 3. That Chapter 2. Section 7 P. t.e of the LDR is hereby amended by creating new sections as follows: e.2. Building Height Measurement. Building height shall be measured from the lowest finish floor slab elevation of the proposed building to the peak of the structure. including anv architectural details. stairwells. elevator shafts. etc. e.3. Height Setback Envelop. Minimum buildine: setbacks shall be based on building heights for buildings greater than forty-five (45) feet in height. The height setback envelop is applicable where the Mixed Use development is adjacent to an existing: developed single-family residential zoning: district outside the Pill. This minimum setback shall be three (3) times the building hei t for an multifamil or nonresidential structure. The setback shall be measured from the common boundarv of the PID and the existing single- family residential zoning district of the midpoint of anv intervening: rie:ht-of- way. Section 4. Each and every other provision of Chapter 2, Section 7 of the Land Development Regulations, not herein specifically amended shall remain in full force and effect as previously enacted. Section 5. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. 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 7. Authority is hereby granted to codify said ordinance. Section 8. This ordinance shall become effective immediately upon passage. FIRST READING this _ day of , 2005. 2005. SECOND, FINAL READING AND PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ~'~=~~t~=== ~~~~~\=:~~ti~:~ fg:~KIE\Ouantum Park H~illhtdOCS!'.C.\'.OrtIiR8Reelt\P18RltiRgl(:e~i;~;ii:j;; 4. . . 1 2 3 ATTEST: 4 5 6 City Clerk 7 B (CORPORATE SEAL) 9 10 11 12 Commissioner Commissioner ~~~~:'~=l~~~~~~::=::~~\1=f::~e= ~t~~:~ ~~.:eLKIE\Ouantum Park Development staff response to Issues related to Code Review CORY 05-006 April 5, 2005 1. Definition of five-story building -- without a companion height limitation, how high theoretically can the building be? There is nothing in the staff report to indicate how high a five-story building would be. Assuming a 12' ceiling height, a five-story bUilding, exclusive of elevator and AC equipment would be 60 feet. Per the SMU code, the maximum building height by right is 55 feet. The petitioner in this instance has requested authorization of "five-story buildings" as opposed to the underlying PID allowance of buOdings having a maximum height of 45 feet. Further, the SMU code as referenced in the staff report does allow for increased height of buildings in the SMU district between 5S feet and 75 feet subject to special review and setback regulations. In summary, I am concerned that the petitioner's request for authorization of a five-story building lacks specificity and will result in interpretive problems for the staff and Commission. The building height should be expressed in feet not stories. That said the visual impact of five-story buildings along Gateway must be addressed by staff. This was not done in the staff report. The Staff Report Summary recommends revising Section 7.P.1.e of the Planned Industrial District (PID) regulations to read as follows: Section 7.P.t.e - Max/mum Build/no He/oht. The Mixed Use Dads wlth/n the PID shall aI/ow for a heiaht of fiftv-five (55) feet for mixed use and resld;ntial build/nas. Building heiahts between fifty-five 55 feet and a maximum of seven -fIVe 75 feet shall be rocessed as a Conditional Use. No exce tions to the maximum he! ht shall be allowed. Staff does not consider the 10 foot difference, between the currently allowed 45 foot height to the midpoint of a pitched roof with the possibility of being granted an undetermined height exception and the maximum 55 foot height to the top of a roof with no exceptions, to be significant. The 75-foot height limit can only be achieved by going through the conditional use process. As a result staff does not consider the visual Impact along Gateway to differ significantly from what can be built now. 2. What does "shall faU below the Florida Building Code thresholds for a high-rise classification" mean? This is not explained in the staff report. If this is an exception to any fire code provisions, the FD may have objections to the proposed language. Will the new high-rise regulations to our fire code apply to the PID? The staff report needs to address this matter. This statement should more correctly reference Ordinance No. 04-005 which amended Chapter 9, Article 2 of the City Code concerning Fire Protection and Prevention, which defines "High Rise" as six stories or 75 feet. 3. The staff report recommends deploying the set-back provisions of the SMU in the Quantum PID - however, as noted above, this may be a moot point as there is no contiguous single famDy property for vacant lots, I believe. The only area which I saw adjacent to single-famDy is the MU lots 23-31, which have been developed. As land use policy, the provisions of the SMU Code per Ordinance 04-011 are clear as to the intent that the SMU designation is a special case with limitations ... The only existina single family is Dos Lagos adjacent to lots 23 -31. However, it is possible that future single-family adjacencies could occur at parcels 83, 87 and 88. The recommendation by staff is based on a vision for the future, which would allow Intensification, by height based on subsequent and required NOPC applications andlor substantial deviations to the DR/. To add additional units or square footage above the current threshold of the DRI, fonnal applications would be required and reviewed accordingly. Rather than creating a new system, based on the similarities in location and use with the SMU, the general components of the SMU were applied. 4. I did not see any language that would seek to evaluate the SMU provisions for usable open space at the Quantum PID. Your staff needs to address whether such requirements are appropriate or beneficial to the MU area of Quantum PID. This is an important and integral element of balancing increased height and density. How would and should the SMU BuDding and Site Regulations apply to the Quantum Site? I ask this because it appears that the staff report only addressed setback requirements associated with higher buildings. The Quantum Park PID has it's own open space requirements which it had originally met, including setting aside 40 acres of preserve, a 25' and 40' foot perimeter buffer, right-of-way plantings, and multiple retention ponds with littoral plantings. The subject and preceding NOPC amendments have not represented intensifications of the DRl/Master Plan, but a shifting of uses under the maximum thresholds. The additional height allowed should not be viewed as an intensification but as a vertical use of capacity. Therefore, this should not necessarily be viewed as the opportunity to apply more restrictions disproportional to the request. 5. What is the basis for the developer's desire to increase the DU's by 105 units? What is the hardship imposed that would allow such an increase in density? The only item I could see in the developer's presentation package is that the topography of the area is low. (See page 2 of 4 of the Developer's justification statement.) With this proposal, what will be the final number and distribution of residential units in the area depicted as Exhibit B to the staff report? What is the density for the proposal? The question as to the basis for the developer's desire to Increase OU's by 105 units would appear to be academic in light of the City Commisslon's Approval of Ordinance No. 05-013 on February, 152005, which approved the NOPC allowing the additional 105 dwelling units. The DRI application does not state any hardship, nor is the applicant required to provide that type of justification. From day one, when residential units were initially allowed Into the PIO via the prerequisite amendments, residential units have been allowed consistent with the Comprehensive Plan subject only to a FAR and not a density limit. 6. What impact will this petition have, if granted, on the Mixed Use designated parcels in the Quantum PID? Based on what has been constructed and what is vacant in these areas, what can we expect? Also, could the commerciaUomce area on the north side of Gateway (Lots 83-88) be converted to residential, or has the development of these parcels been assured as non-residential? More residential development on Lots 83-88 could occur but would likely trigger a formal process to amend the master site plan for that mixed-use pod. A certain level of additional units, if vertical or well integrated would be generally supported by staff. Meeting Minutes Planning and Development Board Meeting Boynton Beach, Florida March 22, 2005 Description: Request for Height Exception approval of 19 feet-six (6) Inches to allow decorative rooftop statues at a height of 64 feet-six (6) Inches In lieu of the maximum of 45-feet allowed in the C-3 zoning district. Chairman Wische stated that there was only one staff comment and Mr. Marsicano agreed with the staff comment. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Ms. Jaskiewicz moved to approve the request for Height Exception approval of 19 feet-six (6) inches to allow decorative rooftop statues at a height of 64 feet-six (6) inches in lieu of the maximum of 45-feet allowed in the C-3 zoning district. Mr. Hay seconded the motion that passed unanimously. D. Code Review Quantum Park MU Height (CORY 05-006) Eugene Gerlica, P.E., Quantum Group of Companies Quantum Group of Companies Quantum Park PID Request amendment to the Land Development Regulations to increase the allowable building height from 45 feet to 5 stories in Mined Use (MU) PODs of the Planned Industrial District (PID) regulations. Chairman Wische stated that Staff approved it with slight recommendations to the Planned Industrial District regulations. 1. Project: Agent: Owner: Location: Description: David Norris, 712 US Highway 1, attorney for the applicant, assumed the podium and stated that they accept the staff recommendations. Ed Bresse, Principal Planner stated that the City Manager requested that Staff recommend that the Item be tabled so he can have more time to review the Information submitted. Chairman Wische stated It was not on the agenda to table, and he was only Interested In whether the request was approved. 7 Meeting Minutes Planning and Development Board Meeting Boynton Beach, Florida March 22, 2005 Motion Mr. Saberson moved to table the request for one month until the next Planning and Development meeting. Ms. Jaskiewicz seconded the motion. Chairman Wische objected to tabling and stated the item was already held back from the February meeting. Mr. Breese informed the Board that the City Manager had been ill and has not had a lot to time to spend on those types of Items. Vice Chair Casaine stated he did not believe that enough reason had been presented to table the item. He stated that motions must be presented in an order, and you have to give the opportunity for it to be presented to the pUblic and the Board for discussion before a motion can be presented. Mr. Hay stated that based on the City Manager's illness he felt the City Manager should have the opportunity to review the item. Mr. Nora pointed out that the item was originally part of the request for NOPC #15, and staff requested them to remove it from that request so that they would have more time to review. They gave staff the additional month and a half to review the item, which Staff gave their recommendation that they agree with. He did not think it was fair for them to ask for more time at the last minute. He stated that it is a big project and every request is time sensitive. Mr. Broening pointed out that after the Board makes its recommendations that the item then goes to the City Commission for approval, which will provide sufficient time for any further review that may be necessary. Mr. Breese pOinted out that Mr. Nora stated Staff asked them to remove the item from the NOPC #15 to give them more time to review, and that was not a factual statement. He stated that it is not a part of the NOPC and is not something that is reviewed by the State. He stated that they did ask him to remove the item because it would not be appropriate to deal with it within an NOPC and suggested they move it to tonight's meeting. Vote The motion failed 2-5 (Chairman Wische, Vice Chair Casaine, Mr. Cwynar, Mr. Hay, Mr. Broening dissenting). 8 Meeting Minutes Planning and Development Board Meeting Boynton Beach, Florida March 22, 200S Motion Vice Chair Sergio moved that the request to amend the land Development Regulations to increase the allowable building height from 45 feet to 5 stories in Mixed Use (MU) PODs of the Planned Industrial District (PID) request and following staff's recommendations be approved. Motion seconded by Mr. Cwynar. Vote The motion carried 5-2 (Mr. Saberson and Ms Jaskiewicz dissenting). 8. Other None 9. Comments by members Mr. Hay inquired if it was okay for them to have the meeting without an Attorney present. Mr. Breese responded that Staff was told that it would not be a problem running the meeting without the Attorney present. Mr. Fitzpatrick, Alternate, inquired from Staff about a list of questions he had given out to Staff two months ago and has not had any reply. Mr. Breese stated that he was not sure what those requests were, that they were not directed to him, but he will find out. 10. Adjournment There being no further business, the meeting properly adjourned at 7:19p.m. Respectfully submitted, Catherine Wharton Recording Secretary (March 24, 2005) 9 r XII. - LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon.) ~ June 7,2005 May 16, 2005 (Noon) D April 19,2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) L_~ May 17,2005 May 2,2005 (Noon) D July 19, 2005 July 5,2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing ~ Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Request to enter into a new thirty (30) year electric franchise agreement with Florida Power & Light Company (FPL) providing for the payment of fees to the City of Boynton Beach for the nonexclusive right and privilege of supplying electricity and other services within the City free of competition from the City of Boynton Beach, pursuant to certain terms and conditions. EXPLANATION: The City currently has a thirty (30) year electric franchise agreement with Florida Power & Light Company (FPL), the terms of which are set forth in Ordinance No. 76-9, passed and adopted March 16, 1976. This franchise agreement will expire in March 2006 and FPL has submitted a new proposed thirty (30) year agreement. FPL actually fIrst submitted the new franchise agreement to the City last year, but at the time, City staff raised a number of questions regarding its application to various capital projects. In particular, staff was concerned that the franchise agreement was not specifIc regarding the City's right to have poles relocated to facilitate sidewalk construction. The franchise agreement was very detailed regarding highway construction yet there was no reference to sidewalks. This was problematic to staff because the City has begun, and will continue, to install sidewalks near elementary schools. FPL has assured staff that even though the franchise agreement is silent regarding sidewalks, FPL has provided assurance that poles will be relocated in the public right of way at utility expense where necessary in order to construct sidewalks for public use. This is a standard franchise agreement that FPL has with other municipalities. They will be or have already recommended this same franchise agreement to the City of Boca Raton, the Town of Gulfstream, the City of Parkland, and the City of Lauderdale Lakes as their original franchise agreements expire. PROGRAM IMPACT: NONE FISCAL IMPACT: The proposed new agreement has a new funding formula that will increase the annual franchise fees paid to the City. The new formula will compute the monthly payments at 5.9% of billed revenues based on 100% ofFPL's billed revenues, less actual write-offs, from the sale of electrical energy to residential, commercial and industrial customers for the monthly billing period ending 60 days prior to each payment. The old agreement provided for 6.0% of billed revenues, but the fIrst eleven months' payments were based on 90% ofFPL's billed revenue, with the 10% holdback being paid out in the last month of each annual cycle. In addition, the old agreement deducted the ad valorem taxes paid by FPL during that annual cycle. An analysis and comparison of the last annual cycle (April 2003-March 2004) is attached for your review. The new proposed franchise fee formula would have generated an additional $275,076 or 8.28% in franchise revenues during the last annual cycle. The new formula also enhances the cash flow of the City, as we are not waiting eleven month for the 10% holdback. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: The City would have to supply electricity to residents of Boynton Beach or negotiate a franchise agreement with another electric service provider. f-t r'lIlAC t. Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. OS -oa.1 2 3 4 AN ORDINANCE GRANTING TO FLORIDA POWER & 5 LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN 6 ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND 7 CONDITIONS RELATING THERETO, PROVIDING FOR 8 MONTHL Y PAYMENTS TO THE CITY OF BOYNTON 9 BEACH, AND PROVIDING FOR AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida recognizes 13 that the City of Boynton Beach and its citizens need and desire the continued benefits of electric 14 service; and 15 WHEREAS, the provision of such service requires substantial investments of capital 16 and other resources in order to construct, maintain and operate facilities essential to the provision 17 of such service in addition to costly administrative functions, and the City of Boynton Beach 18 does not desire to undertake to provide such services; and 19 WHEREAS, Florida Power & Light Company (FPL) is a public utility which has the 20 demonstrated ability to supply such services; and 21 WHEREAS, there is currently in effect a franchise agreement between the City of 22 Boynton Beach and FPL, the terms of which are set forth in City of Boynton Beach Ordinance 23 No. 76-9, passed and adopted March 16, 1976, and FPL's written acceptance thereof dated 24 March 29, 1976 granting to FPL, its successors and assigns, a thirty (30) year electric franchise 25 ("Current Franchise Agreement"); and 26 WHEREAS, FPL and the City of Boynton Beach desire to enter into a new agreement 27 (New Franchise Agreement) providing for the payment of fees to the City of Boynton Beach in 28 exchange for the nonexclusive right and privilege of supplying electricity and other services S:\CA \Ordinances\FPL Franchsie Agreement.doc 1 1 within the City of Boynton Beach free of competition from the City of Boynton Beach, pursuant 2 to certain terms and conditions, and 3 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 4 best interest of the City of Boynton Beach and its citizens to enter into the New Franchise 5 Agreement prior to expiration of the Current Franchise Agreement; 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 7 CITY OF BOYNTON BEACH, FLORIDA: 8 Section 1. There is hereby granted to Florida Power & Light Company, its successors 9 and assigns (hereinafter called the "Grantee"), for the period of 30 years from the effective date 10 hereof, the nonexclusive right, privilege and franchise (hereinafter called "franchise") to 11 construct, operate and maintain in, under, upon, along, over and across the present and future 12 roads, streets, alleys, bridges, easements, rights-of-way and other public places (hereinafter 13 called "public rights-of-way") throughout all of the incorporated areas, as such incorporated 14 areas may be constituted from time to time, of the City of Boynton Beach, Florida, and its 15 successors (hereinafter called the "Grantor"), in accordance with the Grantee's customary 16 practice with respect to construction and maintenance, electric light and power facilities, 17 including, without limitation, conduits, poles, wires, transmission and distribution lines, and all 18 other facilities installed in conjunction with or ancillary to all of the Grantee's operations 19 (hereinafter called "facilities"), for the purpose of supplying electricity and other services to the 20 Grantor and its successors, the inhabitants thereof, and persons beyond the limits thereof. 21 Section 2. The facilities of the Grantee shall be installed, located or relocated so as to 22 not unreasonably interfere with traffic over the public rights-of-way or with reasonable egress 23 from and ingress to abutting property. To avoid conflicts with traffic, the location or relocation S:\CA\Ordinances\FPL Franchsie Agreement.doc 2 1 of all facilities shall be made as representatives of the Grantor may prescribe in accordance with 2 the Grantor's reasonable rules and regulations with reference to the placing and maintaining in, 3 under, upon, along, over and across said public rights-of-way; provided, however, that such rules 4 or regulations (a) shall not prohibit the exercise ofthe Grantee's right to use said public rights-of- 5 way for reasons other than unreasonable interference with motor vehicular traffic, (b) shall not 6 unreasonably interfere with the Grantee's ability to furnish reasonably sufficient, adequate and 7 efficient electric service to all of its customers, and (c) shall not require the relocation of any of 8 the Grantee's facilities installed before or after the effective date hereof in public rights-of-way 9 unless or until widening or otherwise changing the configuration of the paved portion of any 10 public right-of-way used by motor vehicles causes such installed facilities to unreasonably 11 interfere with motor vehicular traffic. Such rules and regulations shall recognize that above- 12 grade facilities of the Grantee installed after the effective date hereof should be installed near the 13 outer boundaries ofthe public rights-of-way to the extent possible. When any portion of a public 14 right-of-way is excavated by the Grantee in the location or relocation of any of its facilities, the 15 portion ofthe public right-of-way so excavated shall within a reasonable time be replaced by the 16 Grantee at its expense and in as good condition as it was at the time of such excavation. The 17 Grantor shall not be liable to the Grantee for any cost or expense in connection with any 18 relocation of the Grantee's facilities required under subsection (c) of this Section, except, 19 however, the Grantee shall be entitled to reimbursement of its costs from others and as may be 20 provided by law. 21 Section 3. The Grantor shall in no way be liable or responsible for any accident or 22 damage that may occur in the construction, operation or maintenance by the Grantee of its 23 facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the S:\CA\Ordinances\FPL Franchsie Agreementdoc 3 1 part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability, 2 loss, cost, damage or expense which may accrue to the Grantor by reason of the negligence, 3 default or misconduct of the Grantee in the construction, operation or maintenance of its facilities 4 hereunder. 5 Section 4. All rates and rules and regulations established by the Grantee from time to 6 time shall be subject to such regulation as may be provided by law. 7 Section 5. As a consideration for this franchise, the Grantee shall pay to the Grantor, 8 commencing 90 days after the effective date hereof, and each month thereafter for the remainder 9 of the term of this franchise, an amount which added to the amount of all licenses, excises, fees, 10 charges and other impositions of any kind whatsoever (except ad valorem property taxes and 11 non-ad valorem tax assessments on property) levied or imposed by the Grantor against the 12 Grantee's property, business or operations and those of its subsidiaries during the Grantee's 13 monthly billing period ending 60 days prior to each such payment will equal 5.9 percent of the 14 Grantee's billed revenues, less actual write-offs, from the sale of electrical energy to residential, 15 commercial and industrial customers (as such customers are defined by FPL's tariff) within the 16 incorporated areas of the Grantor for the monthly billing period ending 60 days prior to each 17 such payment, and in no event shall payment for the rights and privileges granted herein exceed 18 5.9 percent of such revenues for any monthly billing period of the Grantee. 19 The Grantor understands and agrees that such revenues as described in the preceding 20 paragraph are limited, as in the existing franchise Ordinance No. 76-9, to the precise revenues 21 described therein, and that such revenues do not include, by way of example and not limitation: 22 (a) revenues from the sale of electrical energy for Public Street and Highway Lighting (service 23 for lighting public ways and areas); (b) revenues from Other Sales to Public Authorities (service S:\CA \Ordinances\FPL Franchsie Agreement.doc 4 1 with eligibility restricted to governmental entities); (c) revenues from Sales to Railroads and 2 Railways (service supplied for propulsion of electric transit vehicles); (d) revenues from Sales 3 for Resale (service to other utilities for resale purposes); (e) franchise fees; (f) Late Payment 4 Charges; (g) Field Collection Charges; (h) other service charges. 5 Section 6. As a further consideration, during the term of this franchise or any 6 extension thereof, the Grantor agrees: (a) not to engage in the distribution and/or sale, in 7 competition with the Grantee, of electric capacity and/or electric energy to any ultimate 8 consumer of electric utility service (herein called a "retail customer") or to any electrical 9 distribution system established solely to serve any retail customer formerly served by the 10 Grantee, (b) not to participate in any proceeding or contractual arrangement, the purpose or terms 11 of which would be to obligate the Grantee to transmit and/or distribute, electric capacity and/or 12 electric energy from any third party(ies) to any other retail customer's facility(ies), and (c) not to 13 seek to have the Grantee transmit and/or distribute electric capacity and/or electric energy 14 generated by or on behalf of the Grantor at one location to the Grantor's facility(ies) at any other 15 location(s). Nothing specified herein shall prohibit the Grantor from engaging with other utilities 16 or persons in wholesale transactions which are subject to the provisions of the Federal Power 17 Act. 18 Nothing herein shall prohibit the Grantor, if permitted by law, (i) from purchasing 19 electric capacity and/or electric energy from any other person, or (ii) from seeking to have the 20 Grantee transmit and/or distribute to any facility(ies) of the Grantor electric capacity and/or 21 electric energy purchased by the Grantor from any other person; provided, however, that before 22 the Grantor elects to purchase electric capacity and/or electric energy from any other person, the 23 Grantor shall notify the Grantee. Such notice shall include a summary of the specific rates, S:\CA\Ordinances\FPL Franchsie Agreement.doc 5 1 terms and conditions which have been offered by the other person and identify the Grantor's 2 facilities to be served under the offer. The Grantee shall thereafter have 90 days to evaluate the 3 offer and, if the Grantee offers rates, terms and conditions which are equal to or better than 4 those offered by the other person, the Grantor shall be obligated to continue to purchase from 5 the Grantee electric capacity and/or electric energy to serve the previously-identified facilities 6 of the Grantor for a term no shorter than that offered by the other person. If the Grantee does 7 not agree to rates, terms and conditions which equal or better the other person's offer, all of the 8 terms and conditions of this franchise shall remain in effect. 9 Section 7. If the Grantor grants a right, privilege or franchise to any other person or 10 otherwise enables any other such person to construct, operate or maintain electric light and 11 power facilities within any part of the incorporated areas of the Grantor in which the Grantee 12 may lawfully serve or compete on terms and conditions which the Grantee determines are more 13 favorable than the terms and conditions contained herein, the Grantee may at any time thereafter 14 terminate this franchise if such terms and conditions are not remedied within the time period 15 provided hereafter. The Grantee shall give the Grantor at least 60 days advance written notice of 16 its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the 17 Grantee herein, advise the Grantor of such terms and conditions that it considers more favorable. 18 The Grantor shall then have 60 days in which to correct or otherwise remedy the terms and 19 conditions complained of by the Grantee. If the Grantee determines that such terms or 20 conditions are not remedied by the Grantor within said time period, the Grantee may terminate 21 this franchise agreement by delivering written notice to the Grantor's Clerk and termination shall r22 be effective on the date of delivery of such notice. S:\CA \Ordinances\FPL Franchsie Agreementdoc 6 1 Section 8. If as a direct or indirect consequence of any legislative, regulatory or other 2 action by the United States of America or the State of Florida (or any department, agency, 3 authority, instrumentality or political subdivision of either of them) any person is permitted to 4 provide electric service within the incorporated areas of the Grantor to a customer then being 5 served by the Grantee, or to any new applicant for electric service within any part of the 6 incorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee 7 determines that its obligations hereunder, or otherwise resulting from this franchise in respect to 8 rates and service, place it at a competitive disadvantage with respect to such other person, the 9 Grantee may, at any time after the taking of such action, terminate this franchise if such 10 competitive disadvantage is not remedied within the time period provided hereafter. The 11 Grantee shall give the Grantor at least 90 days advance written notice of its intent to terminate. 12 Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise 13 the Grantor of the consequences of such action which resulted in the competitive disadvantage. 14 The Grantor shall then have 90 days in which to correct or otherwise remedy the competitive 15 disadvantage. If such competitive disadvantage is not remedied by the Grantor within said time 16 period, the Grantee may terminate this franchise agreement by delivering written notice to the 17 Grantor's Clerk and termination shall take effect on the date of delivery of such notice. 18 Section 9. Failure on the part ofthe Grantee to comply in any substantial respect with 19 any of the provisions of this franchise shall be grounds for forfeiture, but no such forfeiture shall 20 take effect if the reasonableness or propriety thereof is protested by the Grantee until there is 21 final determination (after the expiration or exhaustion of all rights of appeal) by a court of 22 competent jurisdiction that the Grantee has failed to comply in a substantial respect with any of 23 the provisions of this franchise, and the Grantee shall have six months after such final S:\CA\Ordinances\FPL Franchsie Agreementdoc 7 1 determination to make good the default before a forfeiture shall result with the right of the 2 Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities 3 in the case require. 4 Section 10. Failure on the part of the Grantor to comply in substantial respect with any 5 of the provisions of this ordinance, including but not limited to: (a) denying the Grantee use of 6 public rights-of-way for reasons other than unreasonable interference with motor vehicular 7 traffic; (b) imposing conditions for use of public rights-of-way contrary to Florida law or the 8 terms and conditions ofthis franchise; (c) unreasonable delay in issuing the Grantee a use permit, 9 if any, to construct its facilities in public rights-of-way, shall constitute breach of this franchise 10 and entitle the Grantee to withhold all or part of the payments provided for in Section 5 hereof 11 until such time as a use permit is issued or a court of competent jurisdiction has reached a final 12 determination in the matter. The Grantor recognizes and agrees that nothing in this franchise 13 agreement constitutes or shall be deemed to constitute a waiver of the Grantee's delegated 14 sovereign right of condemnation and that the Grantee, in its sole discretion, may exercise such 15 right. 16 Section 11. The Grantor may, upon reasonable notice and within 90 days after each 17 anniversary date of this franchise, at the Grantor's expense, examine the records of the Grantee 18 relating to the calculation of the franchise payment for the year preceding such anniversary date. 19 Such examination shall be during normal business hours at the Grantee's office where such 20 records are maintained. Records not prepared by the Grantee in the ordinary course of business 21 may be provided at the Grantor's expense and as the Grantor and the Grantee may agree in 22 writing. Information identifYing the Grantee's customers by name or their electric consumption 23 shall not be taken from the Grantee's premises. Such audit shall be impartial and all audit S:\CA \Ordinances\FPL Franchsie Agreementdoc 8 1 findings, whether they decrease or increase payment to the Grantor, shall be reported to the 2 Grantee. The Grantor's right to examine the records of the Grantee in accordance with this 3 Section shall not be conducted by any third party employed by the Grantor whose fee, in whole 4 or part, for conducting such audit is contingent on findings of the audit. 5 Grantor waives, settles and bars all claims relating in any way to the amounts paid by 6 the Grantee under the Current Franchise Agreement embodied in Ordinance No. 76-9. 7 Section 12. The provisions ofthis ordinance are interdependent upon one another, and 8 if any of the provisions of this ordinance are found or adjudged to be invalid, illegal, void or of 9 no effect, the entire ordinance shall be null and void and of no force or effect. 10 Section 13. As used herein "person" means an individual, a partnership, a corporation, 11 a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a 12 governmental authority or any other entity of whatever nature. 13 Section 14. Ordinance No. 76-9, passed and adopted March 16, 1976 and all other 14 ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict 15 herewith, are hereby repealed. 16 Section 15. As a condition precedent to the taking effect ofthis ordinance, the Grantee 17 shall file its acceptance hereof with the Grantor's Clerk within 30 days of adoption of this 18 ordinance. The effective date of this ordinance shall be the date upon which the Grantee files 19 such acceptance. 20 S:\CA \Ordinances\FPL Franchsie Agreementdoc 9 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 27 28 29 30 31 32 33 34 35 36 FIRST READING this Ii day of ~, 2005. SECOND, FINAL READING AND PASSAGE this _ day of ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney, City of Boynton Beach, Florida S:\CA\Ordinances\FPL Franchsie Agreementdoc 10 ~ :J E ... o IL CII CII :J:IL UC~ <C CII ell W E z ID CII . z ! ~ o C1"O I-<CO z ClIO ~~S ID g.~ IL ca '" OatE ~ ~ 8 - CII Uz ... o III .~ ii c <C ......"I:tCDO CC......N,.... ~~g~~ ~ <D_""_<"l~ ~~~~~ ~~ co- lON.q-..... ...-0>""" co ~ '.q: d en ..~~~g ~ N~<<ici ..::LOCOCDM "'0> ... N-~ ~ T'"" 0 0....... NCOlC)Lt) ~~~~~ ,cNOO>N :. ~i~~- ...0> ... N',...- ..j ~~elIc;; "l:I'NMLri"-: ~N~~:g "'M":m~ .....:e~.,., NN ..j LOCOC\lM ""Mm~ M~~~~ ~ ~~}~~~ o 0> C") co,... "'N 0 ",AN lli :!~~~ MlriOC'.icO ~S;;:!:ll~ oa.co.0500 Z................o O>~ NC\I- IJ"i '" "5 E o 1.1. 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Q) Ul :E g e! 1.1. ., '" ~ ,.: N '" M o o ci goo dccicci ;1;;1; NN "'''' ., 0> ,,; o .... u; N ~ u '" .0 "0 "0 L; If'. ~ C Q) E 1ii " ~ Ul Ul Q) C Ul Q) :Ii E.\i! ~ ~ ~ ~ :8~CI):fi u <( :t:::: :J ~IllEal Cll-~Cl .....--(6 :n~~o EC:C:~ i;' -i -i a. 0>0> ........ ~~ .,., 0>0> ........ 00 NN .,., 8l8l ~'3. ........ 0-0 "'''' ........ ~~ .... .... ~~ ........ ~~ ........ NN ........ ~~ ........ NN ........ ~~ ........ ~~ ........ ~~ ., ... ,,; e .; 0> '" M ~ ,,; ., '" o '" N N '" ,.: 0> '" M '" N ell ,,; ; i N ~ i .; 0> N '" N cO .... "'. e '" ., '" cO ... o ",' '" '" N ": ;: 0> .; '" '" '" ... ~ '" <t5 '" '" N 0> ..,: N .... ,.: '" '" 3l ,.: '" 0> .; o '" ;: iR ..... ;;; N ;: ,.: '" '" ",' '" N I '" a. Q) ell 1.1. Q) Ul :E u c e! 1.1. Q) Z ., ., ,,; .... C!. '" .... N ~;~.~ "''''0 <<i""":-Iii "''''.... '" N .... .... co; a;. ~ '" c:';$. .2 0> UU-> " 0 "0 _ ~'#. -q c'" Q)~ E Q) Ul Q) UlLl. ~ ,~ <(L; )( g c~~ 0_1.1. ;:OOc: ~"~ "8 g~g :Hal Q:WQ: ~ m N '" N '" ~ .,; ~ i '" "! ~ .... ... N '" <> '" ,..: '" '" ~ '" .... ,,; '" ., iii '" ~ ~ ,.: '" '" "! ~ ~ ~ :i '" '" ,..: '" o :i '" .... ~ .; '" '" '" ~ "!. ~ '" ;1; g .... ~ ell u c ~ ~ o ~ z iii > "0 o I.rl" i" 1<<" 'I.' . iH .11 ' !I! I... ...""~ 'I"~ .: ~ ',= ~ ~ . I I.", , !;~~; ,. r,! ..; I r 1 "'1' i . ~ '; i i : :~i " : ~ ~ I ~" ""6h I ;r I it ""j II H " 11 ft."'",,\ I I i . I I I l I II II !I I' ,; 'I II Ii I . . ~ . .'--r ORDINANCE NO. 76:"9 AN 9RD1NANCEOF THE CITY O'.f BOYNTONBEACE;, FLORIDA,. REPEALING .ORDINANCE NO. 199 IN'ITS ENTIRETY, ANDGRANTmG TO:FLORIDA POWER & LIGHT.COMPANY, lis SUCCESSORS AND ASSIGNS, AN E,L~~ftrc.FRA,NCHISE. AND IMPOSING PRO- VISIONS~DCON'])I';rIQNSRELAr.INg THERETO; PROVIDING. FUR'L$.&RFOR ASAVlJ.'l'GS C'):;.AUs~.: 'RE- PEALING PRGVrsIQNS;, AUTHq~FrY TO.c:onrJPY." AN EFF'EC,TxVE DATE AND F.OR,OTHERPURPOSJ;!lS:'[ BE IT ORDAINED B'YTHE CITY COUNCIL OF '!'HE. CITY OF BOYNTON BEACH', FLORIDA: Section 1~ That the;te is he-reby granted to Florida Power & Light Company (herein called the "~rantee"),its successors an.dassigns, the non-exclusive right, privilege or franchise to construct, maintain and oper- ate in, under, upon, over and across the present and future streets, alleys, bridges, easements and other public places of the City of Boynton Beach, Florida, (herein called the "Grantor") arid its successors, in accordance . . with established practice with respect to eLectrical construction and main- tenance, for the period of thirty years from the' date of acceptance hereof, electric light and power facilities (including conduits, 'poles. wires and transmission lines. and, for its own use. telephone arid telegraph lines) for the purpose of supplying electricity to Grantor, and its successors. and inhabitants thereof. and persons and corporations beyond the limits thereof. Section 2; As a condition precedent to the taking effect of this grant. Grantee shall have filed its acceptance hereof with the Grantor's clerk' within thirty I30) days hereof. . Section 3; That the facilities shall be so located or relocated and so erected as to interfere as' little as possible with traffic, over said streets. alleys, bridges and public places. and with reasonable egress from and ingress to abutting property. The 10cat1ah or relocation of aLL facilities shaLL be made under the supervision and with the approval of such representatives as the governing bodr of Grantor. may designate for the purpose. but not so as unreasonably to interfere with the proper oper.ationof Grantee's facilities and service. That when any portion of a street is excavated by Grantee in ..,...,... .._".-......--~.I'--- ----~--.----,..-l-.,.-~--.- . --~" ;r' ~;~ r- f" ; ~............, j! I: .~Jl 'E'" i: . ~ ':. '...1........ I" \:. , " " , ~ : I .:JI! :.... ;j'.] . , ('"'\ <. ,'; ~; /....... ~/ il' Ii II r --j " . ','i.; 1 :~ ~ j : + II Ii j. -'-=~'I-r----- II i . I . .......... _".i ..' _.""'...... ". _..... . ......" -II... r-' . -.-'- . r , the locationor. relocation of any of its facilities~thepo~tion .of th.e'street 80 . . . - . . excavated shaL~. within areas()nab Le timea,nd asear'iy as practiCabLe after such excavatio~be replaced. by the Grantee ai;;its e~enSe and in as good condition as it was at the timeoof such excavatien. Section~ ,That Grantor~haLLi:i1 nOway;beIj.l;i~le .or refilpa!:lsibLe fer any accident or damage that may occur in the col'iStruc1:ion. operation or maintenance by Grantee of its facilities herell,nder..and'tb.e acceptance of this ordinance shall be deemed an agreement on the part of the Grantee. to indemnify Grantor and hoLd it harmless against any and aLL liability. Loss, cost, damage or expense, which may accrue to Grantor. by reason of the negLect, de.fault. or misconduct of Grantee in the construction. operation or maintenance of its facilities hereunder. Section 5: That all rates and ruLes and regnLationsestabLished by Grantee from time to time shall at all times b!Jf reasonabLe arid Grantee's rates for electriCity shall at aLL times be sUbject to such regulation'as may be provided by law. Section 6, That no later than sixty days after the first anniversary date of this grant and no later than sixty daysafterea,Ch succeeding anniver- sary date of this grant. the Grantee. its successors and assigns. shall hllve paid to the Grantor and its successors an amount \!hich added to the ameunt of aLL taxes as assessed. levied, or imposed (without regard to any discount for earl.y payment or any interest orpenal.ty for Late payment), licenses. and other impOSitions Levied or imposed by the Grantor upootlie Grantee ls.e Lec- tric property, business, or operations, and those of Grante'e's electric sub- sidiaries for the preceding tax year. will equal 60/0 .of Grantee's revenues from the sale of eLectricaL energy to residentiaL, commercial~ and industrial customers within the corporate limits of the Grantor for-the tweLve fiscal. months preceding the applicabLe anniversary date. Section 7: Payment of the amount to be paid to Grantor by, Grantee under the terms of Section 6 hereof shall be macie in advance by. estimated' monthLy installments comll)-encing ninety days atter the effective date ofthis - 2 ~ ........ ....-, "~~"~"--T---"~-"~'-- ~~,-- "-"-'n~"-'- ." ---:.~.;. ---,.,--, '.,.---,-, -'(I' 11; )- '..'JH I ; !i.). ;' ~, . ,j .II~ '--'~i ]...... '.' ~' " I j: ~ I 'r ~ r' .~ li.I.1 !, " 1! ~) II} 'I lit: !iH f"" Ii h: 'I:' jill: '~I~ .01'. il. 'i' ,....-c'"T...... "t t" . ; ~ ; ~-! ii \ , d :',:; ~.~~! "~<f; 'jl , :j" . 'il iI ,:i' --~;! H ,I ':1 fir ;H ,., r4! '... Ii 11 II " 'II If II Ii .~"f1' ~ " I ......',-. .....,. "'-,-."'" ".-,.,r 'f-" ..-. - ---~.~:~,.~'-'~~'-.'-~:"-""'~_""'_'_,'M'_-_I "-. ,. grant. Each estimated monthly instl;lllmentShalL be calculated on the baais of ninety percent (96%) of Grantee'srev'enues (as defined iIi Section 6) for the monthly biLLing period ending sixty days prior to each scheduled'monthly pay- ment. The final installment for each fiscal year of this grant shall be adjusted to reflect any underpayment or overpayme~t resulting from estimated monthly installments made for said fiscal ye.ar. Section B:. As a further consideration of this franchise. said Grantor agrees not to engage in the business of distributing and selling elect.ricity during the life of this franchise or anyextension.thereof in com- petition with the Grantee. its successors and assigns. Section 9: That failure on the part of Grantee to comply in any sub- stantial respect with any of the provisions of this ordinance. shall be grounds for a forfeiture of this grant. but no such forfeiture shall take effect if the reasonableaess or. propriety thereof is protested by Grantee until a court of competent jurisdiction (with right of appeal in either party) shall have found that Grantee has failed to comply in a substantial respect with any of the provisions of this franchise. and the Grantee shall have six (6) lllonths after the final determination of the question, to make good the default before a forfeiture shall result with the right in Grantor at its discretion to grant such additional time to Grantee for compliance as necessities in the case require. Section 10. Authority to Codify: Specific authority is hereby grante to codify and incorporate this Ordinance in the City's existing code. Section 11. Separability: Should any section or provision. of this Ordinance or any portion hereof be declared by a Court of competent juris- diction to be irivali1d!. such decision shaH not affect the validity of the remain- del' hereof as a whole or any part hereof. other than the part decl.ared to be invalid. Section 12. Repealing Provisions: That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. - 3 - H"'... - 'o".'''-'H'~'''--~T-' -----;.,--:-::,..- ..~."--..-.--,....,.,.,... ,""'" "==rr-~~'--' _n_~,_ ..- ~-~- --~ l~ '1- . ~. . . ,i:,ifl: ""It .' !:,! i,~ :: ; ;t'" I: :'.' '11'r./' i.. .t, .," I ~.! .: t. f I'; 1: i .....u,i li.i~.,.if...'. :"J' . ". Jli' r~j L -' ,i:;' ,1 i i;! I;':; ,~ !! [, i'" i 1_; ! !l; , .11' i ,!.I. . . " j , l i? 'Ii ! ~'.~ ~l.H '.~' ! ':.11 :1' ; - \f . ~ 'j' 11 r..ll l.-{ i 'I ".. .' ~ J L '.'.".' i.;....: ii 1 I , Lill. ~..._ I I I ,.J, H , ,. .. 1 ~. "j -I, I I l I -:'-"~-:' 'i~' "'.-.."" '''''''.'t'' ,-.... '.'-.' "-"~r .,. Section 13. AriEffedtive Date:. This Ordi.ti8.nce shaUhecome effective on the dateup6nwhichGrantee ti.lesits'accPP1;anceor in themanne and at the time as provided by./.aw. Whichever ,event shalL1ater occur. f'ir~tread~gthiS~day of .~. '. '., ' 1976. Second.I,U1al reaQinga!'ldpf!.ss.ag~.:this.-&.. qay of .~..., 1976. ATTEST: ~&~ City CLerk " . . .' '. ". . ~-~---'-'--'-"~"""""""',- "'I""'''-''=~., , ,F,LQRIDA , CouncffMember /. . L. '~..' ..:.... "~..".~.':."~'~, ',..1.' t.... ~'>O""Oil,. 'er" . '~-b___;/\' ,~~/f . '. counciL~er . . . .' - 4 - l-- .. . UU'"""~"'... -'-rr"~- _ ..' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI XII. - LEGAL ITEM C.! Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May 16,2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) 0 June 21,2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) , 'J 0 x May 17, 2005 May 2, 2005 (Noon) July 19,2005 July 5, 2005 (Noon) .. 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation ~ City Manager's Report RECOMMENDATION: Approve resolution to contract with the Metropolitan Center at Florida International University to prepare proposed Commission district boundary maps, based on the 2000 Census. EXPLANATION: According to Article n of the City Charter, Section 17(1), sets out the time frame for designating geographic boundaries, i.e. "...Geographic boundaries for each voting district shall be designated, prepared and identified not later than January, [2006], by contract to the City of Boynton Beach with a four year college or university or education research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach. PROGRAM IMPACT: The Metropolitan Center at Florida International University, under the direction ofDario Morena, Ph.D., will prepare a Commission District boundary map for review and consideration by the Boynton Beach City Commission. Dr. Moreno was a consultant for the Florida House of Representatives (2202-03) on redistricting and for the City of Miami on redistricting (2003). He also has been the principal investigator for three annexation studies in the City of Miami (2002,2003) and West Miami (2004). The contract outlines key tasks necessary to complete redistricting within the specified timeframe. The contract also provides for a minimum of three interviews with individual Boynton Beach Commission members. Dr. Morena has submitted a Confirmation of Minority Owned Business form, and although the Metropolitan Center at FlU does not possess certification for a Minority Owned Business, they will have minority staff and students working on the project. See attachments Exhibit A, Contract/Scope of Services and Exhibit B, Confirmation of Minority Owned Business. Ten Florida State universities and/or education research institutions were contacted and provided with a Request for Proposal. Out of the ten, only two submitted proposals within the established timeframe; the Haas Center for Business Research and Economic Development at the University of West Florida, and the Metropolitan Center at Florida International University. The remaining eight universities/institutions were contacted and four were unable to submit proposals due to their involvement with other major projects or because the university did not have faculty with that area of expertise. The other four universities/institutions did not reply to the follow-up inquiry. FISCAL IMPACT: The Metropolitan Center at Florida International University will provide services for an amount of $35, 200.00 which includes staff and personnel, materials and supplies, and meeting and travel time expenses. It is proposed that funds for this project will come from the Strategic Plan Implementation account # 001-1110-511-95-48. S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: According to the City Charter there are no alternatives other than to proceed with the redis',lcting project. ~ ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R05 - oqa 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING 6 A PROPOSAL BY THE METROPOLITAN CENTER AT 7 FLORIDA INTERNATIONAL UNIVERSITY TO 8 PROVIDE TECHNICAL SUPPORT TO IMPLEMENT 9 LEGALLY ENFORCEABLE REDISTRICTING PLANS, 10 BASED ON THE 2000 CENSUS; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, pursuant to Article II of the City Charter, Section 17(f), Geographic 14 boundaries for each voting district shall be designated, prepared and identified not later than 15 January, 2006; and 16 WHEREAS, upon recommendation of staff, the City Commission deems it 17 appropriate to accept the proposal of the Metropolitan Center at Florida International 18 University, as outlined in the Scope of Work, attached hereto as Exhibit "A", to provide 19 technical support needed to implement legally enforceable redistricting plans, based on the 20 2000 Census. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 hereby accept the proposal of the Metropolitan Center at Florida International University, at a 27 fee of $35,200.00, to provide technical support needed to implement legally enforceable 28 redistricting plans, based on the 2000 Census. A copy of the Proposal/Scope of Work is 29 attached hereto as composite Exhibit "A". 1 Section 3. This Resolution shall become effective immediately upon passage 2 PASSED AND ADOPTED this day of May, 2005. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 24 City Clerk 25 26 (city seal) 27 28 XII. - LEGAL ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office D AprilS, 2005 D April 19, 2005 D May 3, 2005 D May 17,2005 March 14,2005 (Noon.) D June 7, 2005 April 4,2005 (Noon) ~ June 21, 2005 April 18, 2005 (Noon) D July 5, 2005 May 2, 2005 (Noon) D July 19,2005 NATURE OF AGENDA ITEM D Administrative D Consent Agenda D Public Hearing D Bids D Announcement D City Manager's Report \--1 May 16,2005 (Noon) C'-I c.~. ,'~--. June 6, 2005 (Noon) I CO June 20, 2005 (Noon) -0 ~:l: July 5, 2005 (Noon) Co.) UJ D Development Plans D New Business ~ Legal D Unftnished Business D Presentation . ) ':-> --1 :::;-( '.. ';.._' .- (J.J '1,':=-..1 ,;-1 ::::J ".-")Z ~-.'-j '1 c:o -rrl C")l> ,'.10 ::c RECOMMENDATION: Please place this item on the June 21, 2005 City Commission agenda under Legal- Resolutions. Staff recommends this resolution be approved which represents the issuance ofa "Notice ofIntent", in preparation for the conducting of a planning study and possible changes to zoning and development regulations applicable to those properties located along the west side ofN. Seacrest Boulevard, between NW 3rd Avenue and NW 8th Avenue, and currently zoned C- 2, Neighborhood Commercial. This recommendation also comes supported by the Community Redevelopment Agency Board as concluded at their workshop held on May 10, 2005. For further details on this resolution and the planned study, please see accompanying Notice ofIntent #2005-02. EXPLANATION: This project and recommendation has been initiated from discussions held in conjunction with the processing of the Urban Commercial District Overlay zoning amendment. The overlay project would, in part, reduce front setbacks applicable to those commercially-zoned parcels fronting along selected roadways. The intent of the overlay amendment is consistent with redevelopment initiatives and mixed-use districts in that build-to lines require buildings closer to the front property line thereby moving parking areas to the side or rear. The subject properties, currently zoned C-2, were not recommended by staff for the Urban Overlay given that the Heart of Boynton Redevelopment Plan recommends that such C-2 zoning be rezoned for single-family homes. Due to the lack of consensus as to whether commercial development should be accommodated along this side of the corridor, city staff and the CRA agreed to re-evaluate the zoning against the recommendation for residential use. The NOI would prevent development of these properties in the interim. The NOI represents a formal announcement of said planning activities, study period, and temporary additional regulations applicable to development within the affected area. The study area (a.k.a "affected area") is described as the properties fronting on the west side ofN.Seacrest Boulevard, north ofNW 3rd Avenue, south ofNW 8th Avenue, and zoned C-2, Community Commercial (see attached Exhibit "A"). The effective period of the Notice of Intent will be established by the commission within the attached resolution. Staff anticipates that 6 months will be needed to complete the study and formulate and implement any necessary recommendations. If the resolution is approved, a public hearing item would be requested pursuant to city regulations, to provide opportunity for the public to comment on the NOI and pending study. PROGRAM IMPACT: FISCAL IMPACT: S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not approve subject resolution and this mechanism to implement specific regulatory measures during the study period. City Manager's Signature 2 /_J ~ ~ :rtl.anning & ~ng Director City Attorney / Finance / Human Resources S:\planning\SHARED\WP\SPECPROJ\Zoning in Progress\N0I2005-02 (Seacrest)\Agenda Item Request - Resolution.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENT NOI #2005-02 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare, in anticipation of an amendment to the Future Land Use Map, Official Zoning Map and Land Development Regulations, a study period to: 1. Evaluate recommendations within the Heart of Boynton Redevelopment Plan for residential use on properties within the affected area; 2. Study the development potential of lots within the affected area under both the existing zoning and zoning proposed in the Heart of Boynton Redevelopment Plan; 3. Consider potential impacts upon adjacent neighborhoods from both existing zoning and zoning proposed by the Heart of Boynton Redevelopment Plan; and 4. Consider amendments to the Land Development Regulations to minimize impacts of development in the affected area upon the adjacent neighborhoods. AFFECTED AREA All properties currently zoned C-2, Neighborhood Commercial that front along the west side of N. Seacrest Boulevard, between NW 3rd Avenue and NW 8th Avenue. GENERAL DESCRIPTION OF POSSIBLE RECOMMENDED AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) ANDIOR FUTURE LAND USE MAP AND OFFICIAL ZONING MAP 1. Amendment of Land Development Regulations to include the affected area within the Urban Commercial District Overlay code amendments providing for decreased front setbacks; 2. Amendment of Land Development Regulations involving parking, landscaping, lighting and design standards to mitigate potential impacts on residential neighborhoods; and/or 3. Reclassification and rezoning ofthe affected area in accordance with the Heart of Boynton Redevelopment Plan. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED OR IF LAND IS RECLASSIFIED AND REZONED If findings support the recommendation from the Heart of Boynton Redevelopment Plan, the affected area could be proposed for reclassification and rezoning for single-family homes, and developed accordingly. If findings support development and use as currently zoned, development would ultimately be in accordance with the reduced front setbacks proposed by the Urban Commercial District Overlay amendment. Future development would also adhere to any new regulations adopted to minimize impacts upon adjacent neighborhoods, and may include but not be limited to landscaping, buffering, access, parking, lighting, and building height and design. C\Documents and Settings\prainitoj\Local Settings\Temporary Internet Files\OLKD\Notice ofIntent (NOI).doc EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS OR REDEVELOPMENT PLANS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE AMENDED LDR, Chapter 2. Zoning LDR, Chapter 7.5, Article II - Landscape Code LDR, Chapter 9 - Community Design Plan LDR, Chapter 23, Parking Lots Heart of Boynton Redevelopment Plan PROJECTED TIME FRAME FOR STUDY One Hundred and Eighty (180) days from the date of approval of this Notice by the City Commission. The planning study including formulation of recommendations is estimated to take 6 months. If additional time is required to complete the study due to the scope or magnitude of the regulatory changes, a request for extension may be requested by the Development Department. The City Commission, following public hearing on the request for extension may extended this Notice of Intent for an additional period as specified by the City Commission at the time of extension. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT Effective on adoption of this Notice, no application for site plan approval, major site plan modification, conditional use, reclassification or rezoning within the Affected Area deemed incomplete shall be processed and no new applications for such requests shall be accepted nor processed during the period that this Notice is in effect. ADDITIONAL NOTICE 1. The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. 2. A copy of the Notice ofIntent shall be mailed to the Chamber of Commerce. 3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electronic mail or in person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Department Director from recipients of this notice. The failure by the City Clerk to provide notice as set forth in this section or the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: Adopted by Resolution number R05- Beach, Florida the _ day of of the City Commission of the City of Boynton ,200_. By: Office of the City Clerk C:\Documents and Settings\prainitoj\Local Settings\Temporary Internet Files\OLKD\Notice ofIntent (NOI).doc XII. - LEGAL ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) I:8l June21,2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF I:8l Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approve, by Resolution, a Revocable License Agreement between the City of Boynton Beach and The Lake Worth Christian School Society, Inc., for the use of City land by the Lake Worth Christian School. If the Commission desires to enter into the License Agreement, the City Commission should determine the following: 1. The duration of the initial term and the duration of any subsequent extensions or renewals; and 2. Whether the City should receive a monthly or annual license fee for use of the property during the term of the Agreement. EXPLANATION: The Lake Worth Christian School Society, Inc., has requested to use a piece of property adjacent to land abandoned by Resolution R97-203 on December 16, 1997. The Revocable License Agreement attached sets for the terms thereof. The Lake Worth Christian School needs the additional land described in the License Agreement for proper configuration of its facilities. PROGRAM IMP ACT: None FISCAL IMPACT: The Lake Worth Christian School Society, Inc., will assume the recording costs of the License Agreement. ALTERNATIVES: Not enter into the Revocable License Agreement with The Lake Worth Christian School Society, Inc. ~c- Department Head's Signature City Manager's Signature City Attorney Department Name --~ ..,~c.._ City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 RESOLUTION NO. 05- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, SUPPORTING THE REQUIREMENT THAT 5 ALL FUTURE MUNICIPAL BUILDINGS AND 6 STRUCTURES SHALL BE DESIGNED TO WITHSTAND 7 WIND LOADS IDENTIFIED IN ASCE 7-98, EXPOSURE 8 C; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, during 2004, the City of Boynton Beach, and much of Florida, was subjected 12 to damaging hurricane force winds, and 13 WHEREAS, it is desirable to ensure that City facilities are constructed in a superior 14 manner in order to survive future hurricanes; and 15 WHEREAS, the City of Boynton Beach operates numerous public facilities that serve the 16 needs of the community and are designated as essential facilities by the Florida Building Code; 17 and 18 WHEREAS, The Florida Building Code provides guidance relative to design standards 19 for building construction in the State of Florida; and 20 WHEREAS, the Florida Building Code makes reference to structural and wind load 21 design standards in the American Society of Civil Engineers (ASCE) publication titled Minimum 22 Design Loadsfor buildings and Structures, ASCE 7-98; and 23 WHEREAS, the Florida Building Code and ASCE standards provide guidance towards 24 construction standards for municipal facilities as well; and 25 WHEREAS, the City Commission has determined that it is in the best interests of the 26 public health, safety, and welfare to support the requirement that all future municipal buildings 27 and structures constructed by the City of Boynton Beach shall be designed to withstand wind 28 loads identified in ASCE 7-98, Exposure C. S:\CA ESO\Wind Load Buildings.doc 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 27 28 29 30 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Each Whereas clause set forth above is hereby ratified as being true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach acknowledges and approves the requirement that all future municipal buildings and structures constructed by the City of Boynton Beach shall be designed to withstand wind loads identified in ASCE 7-98, Exposure C and designated as an essential facility. This policy shall apply only to new facilities that have not entered the design phase as of the date of ratification of this Resolution. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _ day of ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\C ESO\Wind Load Buildings.doc LICENSE AGREEMENT THIS IS AN AGREEMENT, made this _day of between: , 2005, by and THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "CITY" and THE LAKE WORTH CHRISTIAN SCHOOL SOCIETY, INC., a Florida not-for-profit corporation, hereinafter referred to as "LICENSEE". 1. DESCRIPTION OF THE PREMISES CITY hereby grants to LICENSEE the right, license, and privilege of occupying and maintaining certain CITY owned premises and improvements located adjacent to Forest Road in the City of Boynton Beach, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Premises" or "Property"), subject to the terms and conditions set forth in this Agreement. 2. COMPENSATION No payment shall be made by the LICENSEE for the privileges granted herein. No security deposit is required. 3. TERM This Agreement shall commence ,2005 and terminate , 2010, unless terminated prior to said date as provided for herein below, and shall be renewable thereafter upon mutual consent ofthe parties. 4. USE OF PREMISES LICENSEE shall use and occupy the Premises only for uses associated with the LICENSEE's school operations, and not used for any other purpose whatsoever without the written consent of the CITY. In conjunction with the use of the Premises, LICENSEE shall maintain the grass located on the Premises and both sides of Forest Road adjacent to the Premises, and LICENSEE shall stabilize the grass area in order to provide access for CITY vehicles. LICENSEE shall be responsible for the relocation of any utilities located within the Premises, and shall obtain all necessary government and agency permits and approvals prior to commencing any improvements within the Premises. In addition, prior to the relocation of any utilities, LICENSEE shall obtain the consent from all companies that maintain utilities or hold utility easements within the Premises. As part of the license, the CITY permits LICENSEE to install a fence in the Premises so long as the fence does not interfere with the CITY's maintenance vehicles that travel on the Premises. LICENSEE covenants that he will not, without written consent of the CITY, permit the Premises to be used or occupied by any other person, firm, entity or corporation other than LICENSEE or its agents. LICENSEE further covenants that no nuisance or hazardous trade or occupation shall be permitted and nothing shall be kept in or about said Premises which will increase the risk of any hazard, fire or catastrophe, and no waste shall be permitted or committed upon or any damage done to said Premises. LICENSEE shall not permit the licensed Premises to be used or occupied in any manner which will violate any laws or regulations of any governmental authority. 5. ASSIGNMENT LICENSEE shall have no authority to assign any portion of the Premises during the Term of this Agreement. Should LICENSEE attempt to assign this license, then the license shall be terminated forthwith without prior notice to LICENSEE. 6. DAMAGE TO PREMISES LICENSEE agrees that all personal property, inventory, or stock placed on the Premises shall remain the property of LICENSEE, and shall be placed on the Premises at the risk of LICENSEE. LICENSEE shall give the CITY prompt written notice of any occurrence, loss, incident or accident occurring on the licensed Premises. 7. INSPECTIONS CITY, its agents, or authorized employees may enter upon the Premises at all reasonable times and hours, to examine same to determine if LICENSEE is properly maintaining the Premises according to this Agreement. 8. INDEMNIFICATION LICENSEE acknowledges that any personal property placed on the Premises is at LICENSEE's sole risk. LICENSEE shall indemnify and save harmless and defend the CITY, its trustees, elected and appointed officials, agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of LICENSEE, its agents, servants or employees in the use of the Premises, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments and attorneys' fees arising out of or in connection with the uses or operations permitted under this Agreement. The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by the LICENSEE and requires a specific consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by LICENSEE. Furthermore, the parties understand and Page 2 of7 S:\CA \AGMTS\L WCS License.doc agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. 9. INSURANCE LICENSEE shall provide, pay for, and maintain in force, at all times during the term of this Agreement the kinds and types of insurance as are listed on Exhibit "B". Submission of proof of insurance coverage shall be submitted to the City's Risk Manger as a condition precedent to occupancy. Failure to submit proof of continuing coverage, when requested by the City's Risk Manager shall constitute grounds for immediate termination of this agreement. 1 O. MAINTENANCE OF LICENSED PREMISES AND UTILITIES CITY agrees to provide janitorial services and electricity to the Premises at no additional cost. LICENSEE shall be responsible for providing and paying for all costs associated with telephone and facsimile equipment and any other utility costs and expenses associated with equipment placed on the Premises by LICENSEE. The LICENSEE agrees to maintain the Premises and all personal property placed thereon in accordance with the terms and conditions of this Agreement and consistent with prudent and well-reasoned maintenance procedures and techniques. 11. AMENDMENTS It is agreed that no modifications, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12. SURRENDER UPON TERMINATION Upon the conclusion of the term, or upon termination of this Agreement, LICENSEE agrees to peaceably surrender and deliver the premises to the CITY in substantially the same condition as it was delivered to LICENSEE at the beginning of this Agreement, ordinary wear and tear excluded. Furthermore, LICENSEE agrees to remove from the Premises at their expense, any personal property or inventory placed therein. Upon completion of removal the condition of the Premises shall be safe and not a hazard. 13. WAIVER Failure of the CITY to insist upon strict performance of any covenant or condition of this Agreement, or to execute any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right, but the same shall remain in full force and effect. Page 3 of7 S:\CA\AGMTS\LWCS License.doc 14. TERMINA nON This Agreement may be terminated by either party during the term hereof upon sixty (60) calendar days written notice to the other of its desire to terminate this Agreement. 15. INDEPENDENT CONTRACTOR This Agreement does not create an employeelemployer relationship between the parties. It is the intent of the parties that the LICENSEE is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The LICENSEE shall retain sole and absolute discretion in the judgment of the manner and means of carrying out LICENSEE's activities and responsibilities hereunder. The LICENSEE agrees that it is a separate and independent enterprise from the CITY, that it has full opportunity to find other business, that it make its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the LICENSEE and the CITY and the CITY will not be liable for any obligation incurred by LICENSEE, including but not limited to unpaid minimum wages and/or overtime premiums. 16. NOTICES Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. Notice shall be deemed to have been given upon receipt. For the present, the LICENSEE and the CITY designate the following as the respective places for giving of notice: CITY: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Attention: City Manager Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Page 4 of7 S:\CA \AGMTS\L WCS License.doc Facsimile No. (954) 771-4923 LICENSEE: The Lake Worth Christian School Society, Inc. 7592 High Ridge Road Boynton Beach, FI 33426 Attn: Mr. John Marino, President Telephone No. (561) Facsimile No. (561) 17. BINDING AUTHORITY Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 18. LAWS AND ORDINANCES LICENSEE shall observe all laws and ordinances of the CITY, county, state, federal or other public agencies directly relating to the operations being conducted on the Premises. 19. SEVERABILITY If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 20. GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the CITY and the LICENSEE and supersedes all prior negotiations, representations or agreements, either written or oral. Page 5 of7 S:\CA\AGMTS\LWCS License.doc IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Mayor City Clerk APPROVED AS TO FORM: Office of the City Attorney LICENSEE Signed and delivered in the presence of: The Lake Worth Christian School Society, Inc., a Florida not-for-profit corporation By: Print Name: Print Name Title: (CORPORATE SEAL) Print Name STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared who is personally known to me or who has provided as identification, and acknowledged helshe executed the foregoing Agreement for the use and purposes mentioned in it and is duly authorized to execute the foregoing Agreement on behalf of The Lake Worth Christian School Society, Inc.. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of ,2005. SEAL: Page 6 of7 S:\CA\AGMTS\LWCS License.doc NOTARY PUBLIC My Commission Expires: Print or Type Name Page 7 of7 S:\CA\AGMTS\LWCS License.doc EXHIBIT "A" REVOCABLE LICENSE USAGE OF RIGHT-OF- WAY UPDATED LEGAL DESCRIPTION A parcel of land, being a portion of the existing right-of-way of Forest Court, according to the Plat of CEDAR RIDGE, A P.U.D. & HIGH RIDGE COMMERCE PARK., A P.LD., as recorded in Plat Book 46, Pages 58 thru 61, Public Records of Palm Beach County, Florida, as more particularly described as follows: COMMENCING at the Northwest comer of Lot 53, according to the Plat of CEDAR RIDGE ESTATES, P.U.D., as recorded in Plat Book 50, Pages 28 thru 32, Public Records of Palm Beach County, Florida, said comer being also on the South right-of-way line of said Forest Court; thence run due North, a distance of 30.00 feet to the centerline of said Forest Court, and the POINT OF BEGINNING; Thence continue due North, a distance of 30.00 feet to the North right-of-way line of Forest Court and the South line of Lot 35 according to the Plat of CEDAR RIDGE, A P.U.D. & HIGH RIDGE COMMERCE PARK., A P.LD.; thence run due East along said right-of-way line, a distance of 91.10 feet to a point; thence run North 450 00' 00" East, a distance of 35.36 feet to a point; thence run South 360 11' 53" East, a distance of 36.40 feet to a point on the centerline of said Forest Court, thence run South 570 43' 17" East, along a radial line (and the extension of south line of Lot 45), a distance of 30.00 feet to a point on the South right-of-way line of said Forest Court; thence run along the arc of a curve concave to the northwest, having a central angle of 8002' 30" and a radius of 85.00 feet, a distance of 11.93 feet to a point on said South right-of- way line; thence leaving the previous course on a non-tangent bearing of due West (said direction is the tangency centerline extension of said Forest Court), a distance of 155.91 feet to the POINT OF BEGINNING. Said parcel ofland containing 5,076 square feet (0.1165 acre) ofland, more or less. SUBJECT TO a utility easement over the entire parcel of land. Page 1 of 2 pages I III I HIGH RIDGE COMME CE PARK. A P.I.D. BLOCK 1 III I U I nil II II I II I II U I n ~ NORTH II ~ _ _30.0~ II LOT 31 LOT 38 LOT 32 / / SCALE: 1"=60' ( I CEDAR RIDGE ESTATES, A P.U.D. LOT 37 CEDAR RIDGE ES A TES, A P.U.D. LOT 33 LOT 36 LOT 43 LOT 34 LOT 35 LOT 44 13.87' - -'AST"lTl :ro,J S. 36011'53" E. 36.40' S. 57043'17 E. 30.00' FOREST ROAD ---~ LOr 54 1 LOr 55 CEDAR RIDGE I ESTA TES, A P.U.D./ TRACT "B" Lo; 5;> {Of 58 EFF. DATE 5/25/05 P.O.C. ! I'----l I LOT 53 I -"-. ""I~ . i ". ! i o I ~ I I 0::: I I I I CEDAR RIDGE I ' ESTATES A P.U.D. TRACT "B" I 1/ ~ LOT 54 CE AR RIDGE TA TES, A P.U.D. TRACT ' " 6' .:::> rr o BOYNTON BEACH PUBUC WORKS DEPARTMENT/ ENGINEERING DIVISION c SERVA TION EASEME VERONA LAKE LOT 57 PG. NO. 2 OF 2 FOREST ROAD R/W REVOCABLE LICENSE AGREEMENT ATTACHMENT t3 City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) ------------------------------------------------------------------------------------------------------------------------------------------- MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability General Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (anyone fire) Med. Expense (anyone person) $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 50,000.00 $ 5,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos PIP Basic Intermodal Combined Single Limit Bodily Injury (per person) Bodily Injury (per accident) Property Damage Trailer Interchange $ 500,000.00 to be determined to be determined to be determined $ 50,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Any Auto Garage Keepers Liability Auto Only, Each Accident Other Than Auto Only Each Accident Aggregate $ 1,000,000.00 $ 100,000.00 $ 1,000,000.00 $ 1,000,000.00 Excess Liability Umbrella Form ------------------------------------------------------------------------------------------------------------------------------------------- Each Occurrence Aggregate ------------------------------------------------------------------------------------------------------------------------------------------- to be determined to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Employer's Liability Each Accident Disease, Policy Limit Disease Each Employee Property Homeowners Revocable Permit Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- to be determined Other - As Risk Identified Statutory Limits $ 100,000.00 $ 500,000.00 $ 100,000.00 $ 300,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- n"".':~~~ 11\......1\1\' INSURANCEADVISORYFORM04 XIII-UNFINISHED BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17, 2005 May 2,2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids ~ Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Commissioner Ferguson has requested discussion of possible adaptive reuse ofa closed landfill site owned by the City adjacent to the Boynton Links Golf Course. Both the golf course and the landfill are located in unincorporated Palm Beach County. Authorization is requested to apply for a grant from the Treasure Coast Regional Planning Agency for a landfill feasibility and environmental report. This item was tabled from the April 19, 2005 meeting. EXPLANATION: The City currently is the custodian agency for a closed landfill located at Pine Drive next to the E- 3 canal. The site is 40.2 acres and is classified by the Palm Beach County Health Department as a Class 1 landfill. This requires placement and maintenance of a landfill final cover system of 6 inches of bedding material, a 20 mil synthetic membrane liner, 12 inches of sand and six inches of topsoil, mulch and seed. In addition, the closed landfill contains a system of ground water monitoring wells. The closure permit is scheduled to end on February 27,2012. However, this date may be moved up or back depending on the conditions of the landfill and monitoring circumstances. This date is based on the current permit, which was amended on June 15,2004. PROGRAM IMP ACT: Commissioner Ferguson has requested that the Commission authorize a feasibility study for earlier release of the permit to allow adaptive reuse of the property for work force housing, as a possible use. While the City Manager has been involved in reuse oflandfill sites in other jurisdictions, the City does not have in-house staff to handle exploration of a permit modification to the landfill permit. This would best be provided by a qualified landfill consultant and a consultant to deal with specific redevelopment application options, if the landfill can be utilized. The City may request a grant from the Treasure Coast Regional Planning Agency for a preliminary feasibility study. The City of Lake Worth recently requested and received funding for review of a 62-acre landfill in their corporate limits under the same program, FISCAL IMP ACT: This item is not budgeted and an appropriation from Sanitation Fund Reserves would be required if the grant is not approved (it is estimated that the City's cost ofa study without a grant is about $40,000) if a grant is not approved it is recommended this item return to Commission for subsequent review of the project. ALTERNATIVES: 1. Do not proceed with the review of the landfill unt" the permit expires in 2012. 2. Consider the landfill adaptive reuse project as a budget proposal item for FY 2005-6. ~ Department Head's Signature City Manager's Signature S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC Jeb Bush Governor John O. Agwunobi, M.D., M.B.A. Secretary CERTIFIED MAD., RETURN RECEIPT REQUESTED NOTICE OF ISSUE PERMIT '" City of Boynton Beach Christine Roberts, Agent P.O. Box 310 Boynton Beach, FL 33435 Dear Ms. Roberts: Palm Beach County PERMIT/CERT. #: 0124522-002-SF Permit File Enclosed is a Permit, Number 0124522-002-SF, to continue post-closure monitoring ofa Solid Waste Resource Recovery and Management Facility located at Pine Drive next to die E-3 canal, Boynton Beach, Florida. Any party to this Order (permit) has the right to seek judicial review of the permit pursuant to Section 120.68, Florida Statues, by the filing ofa Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate procedure, with the Clerk of the Department in the Palm Beach County Health Department, 901 Evernia Street, West Palm Beach, Florida 33401 and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Comt of Appeal. The Notice of Appeal must be filed within 30 days from the date this Notice is filed with the clerk of the Department. If you have any questions, please contact Mr. John O'Malley of this office, telephone number (561) 355-3022. Executed in West Palm Beach, Florida on this IS#\. clayof:r l.A.ft 'C. ,2004. STATE OF FLORIDA DEPARTMENT OF HEALTH PALM BEACH COUNTY HEALTH DEPARTMENT ~~ >> Frank J. Gargiulo, P .E., R.S. Director -0 Division of Environmental Health & Engineering Palm Beach County Health Department CERTIFICATE OF SERVICE This is to certifY that this NOTICE OF PERMIT and all copies were mailed before the close of business on ~ I~ 'l.oo'/ to the listed persons. FRJNG AND ACKNOWLEDGEMENT: FILED, On this date, pursuant to 12SJ120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk A~ I~ Date V.u..rvL-J~ Q.l>Oy Copies furnished to: 0- CC: Richard Tedder, P.E. - via electronically - richard.tedder@deo~state.fl.us Chris McGuire, OGC/TLH - via electronically - chris.mc2Uire@dq>.state.fl.us Joe Lurix, DEPIWPB/SW - via electronically - ioe.lurix@dep.state.fl.us Ken Berg, PBCSW A - via electronically - kberg:@swa.org Indarjit Jagarine, Strom WaterIDEPIWPB-via electronically-indariit.iagarine@dep.state.fl.us Tor Benjar, via electronically - tor.beniar@dep.state.fl.us P.O.Box 29.901 Evernia Street West Palm Bcacb, FL. 33402 DEPARTMENT OF,HEAL TH PALM BEACH COUNTY HEALTH DEPARTMENT PERMITTEE: City of Boynton Beaeh Ch~tineRoberts,Agent P.O. Box 310 Boynton Beach, FL 33435 Environmental Health & Engineering P.O. Box 29 West Palm Beach, FL 33402 REVISED: JUNE 16,2004 WACS NUMBER: 00067360 PERMIT/CERT. #: 0124522-002-SF ISSlnED: June 15,2004 EXPIRATION DATE: Feb. 27, 2012 COUNTY: Palm Beach LATILONG.: 26033' 45"/80007' 50" SEC.rrOWNSHlPIRANGE: 25/42S/42E PROJECT: Boynton Beach Landfill This permit is issued under the provision of Chapter 403, Florida Statutes (F.S.), and Chapters 62-302, 62-520, 62-522 and 62-701, Florida Administrative Code (F.,A.C.) The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawings(s), plans, and other documents attached hereto or on file with the Department and made a part hereof and specifically described as follows: TO CONTINUE POST-CLOSURE: Of an existing 40.2 acre Class 1 landfill site. Final closure was completed and certified as complete on February 28, 1992. The Landfill final cover system consists of 6 inches of liner bedding material, a 20 miL Synthetic membrane liner, 12 inches of sand and 6 inches of topsoil, seed and mulch. IN ACCORDANCE WITH: An application for a permit to continue post-closure monitoring of a Solid Waste Resource Recovery and Management Facility dated March 3, 2004 and received on March 22, 2004 and previously submitted information received on April 19, 1988, March 31, 1994, November 10, 1994, January 26,1995 and September 02, 1998. LOCATED AT: Palm Drive next to the E-3 Canal, Boynton Beach, Florida. SUBJECT TO: General Conditions 1-15 (attached as pages 2 through 5) and Specific Conditions 1-16 (attached as pages 5-10). GENERAL CONDITIONS: If' (1) The terms, conditions, requirements, limitations and restrictions set forth in this permit, are "permit conditions" and are binding and enforceable pursuant to Sections 403.141, 403.727, or 403.859 through 403.861, F.S. The permittee is placed on notice that the Department will review this- permit periodically and may initiate enforcement action for any violation of these conditions. (2) This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approvec! drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department. (3) As provided in subsections 403.087(6) and 403.722(5), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in this permit. (4) This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. (5) This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. (6) The permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, are required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules. 2 (7) The permittee, by accepting this permit, specifically agrees to allow authorized - D~epartment personnel, upon pre$entation of credentials or other documents as may be required by law' and at reasonable times, access to the premises where the permitted activity is located or conduQted to: (a) Have access to and copy any records that must be kept under conditions of the permit; (b) Inspect the facility, equipment, practices, or operations regulated or required under this permit; and (c) Sample or monitor any substances or parameters at any location reasonable necessary to assure comnliance with this permit or Department rules. Reasonable time may depend on the nature of the concern being investigated. (8) If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information: (a) A description of and cause of noncompliance; and (b) The period of noncompliance, including dates and times; or, if not corrected, the anti~ipated time the noncompliance is expected to continue, and steps being taken to educe, eliminate, and prevent recurrence of the noncompliance. The permittee shall- be responsible for any and all damages, which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit. (9) In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is prescribed by Section 403.111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules. (10) The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62-302.500, shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard. 3 (11) This permit is transferable only upon Department approval in accordance with -Rule li2-4.120 and 62-730.300 F~A.C., as applicable. The permittee shall be liable for any non-comPliance of the permitted activity until the Department approves. the transfer. " (12) This permit or a copy thereof shall be kept at the work site of the permitted activity. (13) This permit also constitutes: (a) Determination ofDest Available Control Technology (BACT) (b) Determination of Prevenpon of Significant Deterioration (PSD) (c) Certification of compliance with state Water Quality Standards (Sec. 401, PL 92-500) (d) Compliance with New Source Performance Standards (14) The permittee shall comply with the following: (a) Upon request, the permittee shall furnish all records and plans required under Department rules. During enforcement actions, the retention period, for all records will be extended automatically unless otherwise stipulated by the Department. (b) The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and aU original strip chart recordings for continuous monitoring instrumentation) required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule. (c) Records of monitoring information shall include: 1. the date, exact place, and time of sampling or measurements; 2. the person responsible for performing the sampling or measurements; 3. the date's analyses were performed; 4. the person responsible for performing the analyses; 5. the analytical techniques or methods used; 6. the results of such analyses. 4 (15) Wh~n requested by the Department, the permittee shall. within a reasonable -tUn~- furnish any inform41tion required by law, which is needed to determine compliance with the petinit. H the permittee becomes aware the relevant facts were not submitted or were incorrect in tf4e permit application or in any report to the Department, such facts or information shall be corrected promptly. SPECIFIC CONDITIONS: 1. Access to the site shall be restricted by an effective barrier designed to prevent unauthorized entry into the landrdl site. 2. The yearly maintenance progi-am implemented shall be continued for the post- closure monitoring period. 3. The permittee shall maintain, in good standing, the f'mancw assurance mechanisms established to demonstrate proof of f'mancial assurance. Support documentation and evidence of inflation adjustment increases shall be submitted within the time frames specified in Rule 62-701.630, F.A.C. All submittals in response to this specific condition shall be sent to: Florida Department of Environmental Protection Financial Coordinator - Solid Waste Section Twin Towers Office BuDding MS 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 and a copy to: Florida Department of Health Palm Beach County Health Department Solid Waste Program P.O. Box 29/901 Evernia Street Room 202 West Palm Beach, Florida 33402 The permittee shall annually adjust the closure cost estimate for inDation using Form 62-701.900(28). Adjustments shall be made in accordance with Rule 62- 701.630(4), F.A.C. and 40 CFR Part 264.142(a) and 264.144(a). An owner or operator using a letter of credit, guarantee bond, performance bond, financial test, corporate guarantee, trust fund or insurance shall submit the adjusted cost estimate between January 1 and March 1. An owner or operator using an escrow account shall submit the adjusted estimate between July 1 and September 1. All submittals in response to this specific condition shall be sent to: 5 Florida Department of E.nvironmental Protection Financial Cooriinator - Solid Waste Section Twin Towers Office Building M&4S65 2600 Blair Stone Road Tallahassee, Florida 32399-2400 and a copy to: Florida Department of Health Palm Beach County Health Department Solid Waste Program P.O. Box 29/901 Ev~mia Street Room 202 West Palm Beach, Florida 33402 The following ground water conditions are provided for inclusion in the reference permit. Ground Water Monitorinl! Network Construction/ODeration and Maintenance: 4. The ground water monitoring plan for this site submitted January 20, 1995 is approved. pursuant to 62';520, 62-522, 62-302 and 62-701, F.A.C. The locations of the existing monitoring wells are shown on this Ground Water Monitoring Plan, with the well designed and types listed in this plan 5. All new or replacement monitoring wells shall be constructed and/or abandoned in accordance with Chapter 62-532, F .A.C., and the approved water quality monitoring plan. All new monitoring wells shall be installed by a Florida certified water well contractor. Well completion reports shall be submitted to the Department within thirty (30) days upon completion of installation on DEP Form 62-522.900(3). Pursuant to Rule 620701.510(3) (d), F.A.C., the location of each monitoring well in degrees, minutes and seconds of latitude and longitude, the Universal Transver Metcator coordinates (UTM), and the elevation of the top of the weD casting to the nearest 0.01 loot, NGVD, shall be determined by a registered Florida land sUlveyor within thirty (30) days of the certified completion of all new wells proposed for this permit and within sixty (60) days of permit issuance for all existing wells. A drawing illustrating this information, signed and sealed by a certified Florida land surveyor, shall be submitted to the Department within 45) forty -five days of each survey. 6 Well -development prior to $ampling events and purge/sampling water discharges shall be follow~d pursuant to the Department's Standard Operating Procedures for Field Activities, DEP QA-OOtlOl or any Department approved standard operating procedure which may be in force at the time. Any laboratory test required by this permit shall be performed by a laboratory that has been certified by the Department of Health (DOH) under 64E-l, F.A.C., where such certification is required by Rule 62-160.3000; F.A.C. The laboratory must be certified for all specific method/analyte combinations that are used to comply with this permit. All monitoring wells shall be clearly identified and maintained in good condition to prevent or minimize sampling interfeFeDCeS, loss. of well-iB.:.grity or vandalism. All monitoring wells shall have well maintained concrete pads and be properly sealed and locked. Monitoring wells finished above grade shall be protected by bumper gua~d rigid risers. Monitor wells f"mished at or below grade shall have traffic beariP.g, steel plate eo~(.assembIies, and shall be water tight. . The permittee shall notify the Department and appropriate owner(s) immediately upon discovery that reasonable access to all the monitoring well stations required by this permit have n~t been maintained. The permittee is responsible for maintaining the integrif3r of the monitoring well stations and protecting them from destruction or vandalism. Should any of these monitoring well stations be damaged or vandalized in any manner, or destroyed, the permittee shall notify the Department upon'discovery. The notification shall include pertinent information as to the cause, and what steps are being taken to replace the monitoring well station and prevent the recurrence of such problems in the future. Ground Water Testin2 and ReDortin2Reauirements: 6. In the event of an emergency and/or discharge to ground water, the permittee shall notify the Department in person or by telephone within one business day of the incident and shall submit a written report describing the incident to the Department within three business days of the start of the incident. In addition, A f"mal report shall be sent to the Department within two weeks of the incident. The final report shall contain a complete description of and discuss the cause of the emergency and/ or discharge, the anticipated time that the discharge, if any will continue, the steps that will be taken to evaluate, reduce, eliminate, and prevent recurrence of the event, and all other information deemed necessary by the Department. 7 7. Monitoring wells MW-C3, MW-D3(S), MW-l2, MW-l5, MW-l8, MW-19, MW- ll(S) and MW -B3(S) shall be sampled semi-annually in April and October for the ground water paramelers listed in Exhibit C.The analytical results and information outlined in this condition shall.e submitted to the Department no later than the sixty (60) days from the date of the laboratory analytical report. Constructed ground water monitoring wells installed in accordance with approved water quality monitoring plan shall be sampled and analyzed initially for the ground water parameters listed in Exhibit C within forty-rIVe (45) days of rmal certified well completion and development or the next regular sampling event whichever occurs first, and thereafter in accordance with the schedule and parameters in this condition. The analytical results from the new monitoring wells shall be sub....itted to the Department within thirty (30) days after the initial sampling event. Pursuant to this permit, all ground water quality parameters and analytical results, sampling and analytical methods, method detection limits, Storet codes, TOC elevation, water level measurements, ground water elevations, monitor well identification number, monitor well name, monitor well type (background, Detection, compliance, etc.) sample collection date, sample analysis date, Facility name, and facility identification number shall be recorded and submitted certified by the permittee to the Department with in the time frames required in this condition. Ground water level measurements and elevations for all monitor wells listed in Exhibit B shall be recorded and reported in feet below top of casing (TOC) and to the nearest 0.01 feet NGVD for each reporting period. Elevation references for TOC (NGVD), and updated ground water potentiometric maps for each zone monitored with contours no greater than lfoot intervals, indicating ground water elevations and flow direction shall be included with each submittal of ground water quality data. After four semi-annual potentiometric maps have been submitted to the Department, if no significant change in the ground water flow direction is noted, the permittee may request a reduction in the frequency of preparation of the maps to bi-annually, based on the previous four semi-annual water level data. The analytical results shall be submitted on FDEP Form 62-522-900(2) attached as Exhibit E, with a summary of the information, including any anomalous data or events that may affect the data, exceedences of any Department standards or criteria, confirmation sampling events, and applicable charts or graphs or any information related to the ground water monitor well network. All semi-annual water quality reports shall be submitted concurrently to the Department at the following address. 8 Florida Department of Environmental Protection Solid Waste Section Twin Towers Office Building MS 4565 2600 Blair Stone Road f' Tallahassee, Florida 32399-2400 and to: Florida Department of Health Palm Beach County Health Department Solid Waste Program P.O. Box 29 1901 Evernia Street Room 202 West Palm Beach, lflorida 33402 8. Pursuant to this permit, all field and laboratory records, original certified laboratory data sheets, chain of custody forms and field water level measurement records shall be retained at the permittees office for the duration of this permit and be available on verbal request by the Department during normal operation hours. 9. The Department's Solid Waste Section shall be notified at least fourteen (14) days prior to any well installation or regular sampling event so that the Department, if desired, may observe the drilling, sampling, or collect split samples. ComDliance Monitorin~ Reauirements: . 10. Pursuant to this permit, if indicator parameters are detected at concentrations significantly above those water quality levels established as background for the site, or which are the levels above the Department's water quality standards or criteria specified in Rule 62-520, F.A.C. in any intermediate or compliance well, the affected well may be resampled for commnation purposes within f'Ifteen (15) days after the permittee's receipt of the data. The Department must be notified seven (7) days prior to any confirmatory resampling event at this site. Should the permittee choose no to resample, the Department will consider the quality analysis as representative of current ground water conditions at the facility. If the data is conf'mned, or the permittee chooses not to res ample, the permittee shall notify the Department in writing within fourteen (14) days of this finding. The Department may require additional monitoring wells or samples to be taken if analyses indicate that ground water contamination must be more specifically defined in extent or concentration. 9 Zone of Dischame: ., 11. The zone of discharge for this site shall be in accordance with the requirements of Rule 62-522.410, F.A.C., and horizontally extend to the existing property boundaries as shown in Exhibit A and vertically to the first comming layer. Surface Water Monitorinl! Reauirements: 12. The surface water monitoring locations designated SW-E-3 AND SW-I-20 on Exhibit A shall be sampled semi-annually in April and October for the surface water parameters listed in Ex!tibit D. The surface water staff gauge adjacent to SW-E-3 shall have water level elevations measured semi-annually to the nearest 0.01 feet NGVD and shall be included with the ground water level elevations. The staff gauge shall be marked and its position shall be determined ah a registered Florida land surveyor in degrees, minutes, and seconds of latitude and longitude and Universal Transverse Mercator coordinates. Ouality Assurance and Oualitv Control Reauirements: 13. All field activities including on-site tests and sample collection, whether performed by a laboratory or another organization, must follow all applicable 'procedures described in DEP-SOP-00l/01 (January 2002). Alternate field procedures and laboratory methods may be used if they have been approved according to the requirements of Rule 62-160.220 and 62-160.330, F.A.C. 14. The Department retains regulatory control over any activities which may affect the integrity of the environmental protection measures such as landfill cover, drainage, monitoring system or stormwater controls. Consultation with the Department is required prior to condition activities at or on top of the closed landfill. 15. The closure permit shall expire on February 27, 2012 or until the monitoring well analyses have stabilized and the Department notifies the applicant in writing of such. 16. Unless otherwise notified by the Department, the permittee shall comply with all applicable requirements of Chapter 62-701, F.A.C. 10 ~ Issued this J 6H-. day of ~n. e.. , 2004 STATE OF FLORIDA DEPARTMENT OF HEALTH PALM BEACH COUNTY HEALTH DEPARTMENT (t. , ~~ Jg- Frank J. Gargiulo, .E., RoS., Director '\.). Division of Environmental Health and Engineering Palm Beach County Health Department 11 102I1tlG.OE01 W1l12OO3OIHI DFB 1llAJ3 * ~ g Co) II. 15.36 S MW-D3 ~& i z j ::z: u ~ III ! f o III ~ l:: o - ZOl1Qa'~fJ1fI $ Ml1'1Rorlng WtJI/ looatJon . SlI1face Intr ttompllttfl ~ltJ J:J. SItJ" f1tJup IOl1lJtion 11.10 S WItt." tsbla eltJvtJtion --11.2--- Water I~b'" contour FIGURE 1 GroundWater Contour Map Boynton Beach Old City landfill - October B, 2003 t.'X 1-/ IBrr R- I-I 15.4 15.4 / 1&.34 MWw18 fir . ", .. ~ C :it o . 15.50 SW-E3 LAHD,tLL AREAl AA80AOLEH . DEVELOPMeNT 11.31 MW-19 1104 SW-L-20 LA TI'U." CAlfAL CL.JOJ LeGEND . CifDUlJlJWtJtsr IItIIN direction All ~'",.ehtv:aoo,,$ ~W9m;ed ., NMionlJl Good9lJc Vwtkal Datum (NGVD) ~ o JOe) I !':I All SCALE IN FEET tiOO LI CHZMHlu.. cd Wd9~:lt c0ec ~l '~d~ 'ON X~.:I WO~.:I EXHIBIT B. Well Desimation ~ MW-12 MW-15 MW-C3 (S) MW-D3 (S) MW-18 MW-19 MW-B3 (S) MW-A3 (S) Compliance Compliance Compliance Background Compliance Compliance Compliance Compliance .. ("'': 'l.""....,., Parameters EXHIBIT C. 62-701.510(8)(a), F.A.C. Parameters Storet Codes r'\ Antimony_ - Arsenic Barium Beryllium cadmium Chromium Cobalt Copper Iron Lead Mercury Nickel Selenium Silver Sodium Thallium Vanadium zinc Ammonia as N Chlorides Nitrate Total Dissolved So11ds(TDS) Acetone Acrylonitrile Benzene Bromoch1oromethane Bromodichloromethane Bromoform Carbon Disulfide Carbon Tetrachloride Chlorobenzene Chloroethane Chloroform Dibromochioromethane l,2Dibromo-3-chloropropan(DBCP) 1,2 Dibromoethane(EDB) l,2-Dichlorobenzene 1,4-Dichlorobenzene trans 1,4 Dichloro-2-butene 1,1-Dicnloroethane l,2-Dichloroethane ; 1,1-Dichloroethylene c~s 1,2 Dichloroethy1ene trans-l,2-Dichloroethy1ene l,2-Dichloropropane cis-l,3-Dichloropropene trans-l,3-Dichloropropene. Ethylbenzene 2 Hexanone Hethyl bromide Methyl chloride Methylene bromide Methylene chloride Methyl ethr1 ketone(MEK) Methyl iod de . Methyl isobutyl ketone Strrene 1, ,1,2 Tetrachloroethane 1,1,2,2 Tetrachloroethane Tetrachloroethylene l,l,l-Trichloroethane 1,l,2-Trichloroethane Trichloroethylene Trichlorof1uoromethane 1,2,3 Trichloropropane Vinyl acetate . Vinyl chloride Xy1enes Specific Conductance pH Dissolved Oxygen(DO) Turbidity Temperature Colors, sheens , --.. . \ ...,;.r. ... .~~;. ."f_'. ':.,~ .. 001097 001002 001007 001012 001027 .. 001034 001037 001042 001045 001051 071900 001067 001147 001077 000929 001059 001087- 001092 000610 000940 000620 000515 081552 034215 034030 077297 032101 032104 081309 032102 034301 034311 032106 032105 038760 077651 034536 034571 077268 034496 034531 034501 077093 034546 034541 034704 034699 034371 045034 034413 034418 077596 034423 081595 TBA 081596 077128 077562 034516 034475 034506 034511 039180 034488 077443 077057 039175 081551 000402 000406 000300 082078 000010 Observation (\ units ugfl ugll ugll ugll ugll ugll ugll ugll ug/l ug/1 ug/l ug/l ug/l ug/l mg/l ugll ug/l ug/l mgjl mgjl mgjl mgj1 ugjl ugjl ugj1 ug/l ~gn ugjl ug/l ugl1 ugjl ugjl ugzl ugjl ugZl ugjl. ugZ1. ug/l ugZl ug/l ug/1 ug/l ugZl ugfl ugl1 ugfl ug/l ugfl ug/l ug/l ugfl ug/l ug/l ugll ug/l ug/1 ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l umhos/cm S.U. mg/l NTU deg. C .,;' ,-,. -~ . . rr-: Exhibit D. 62-701.S10(8)(b), F~A.C. Parameters Parameters storet Codes C., Antimo.ny _ Arsenic. Barium Beryllium Cadiilium . Chromium Cobalt Copper Iron ."- Lead Mercury Nickel Selenium Silver Thallium Vanadium' Zinc Total Hardness as CaC03 Unionized Ammonia Nitrate Total Nitrogen Total Phospnate Ch1orophrll A Fecal co iform Biochemical Oxygen Demand(BOD5) Chemical Oxrgen Demand(COD) ~otal Organ1C. Carbon(TOC} Total Suspended Solids(TSS) Total Dissolved Solids(TDS) Acetone , Acrylonitrile . Benzene Bromochloromethane Bromodich1oromethane .Bromoform Carbon Disulfide Carbon Tetrachloride Ch1orobenzene . Chloroethane Chloroform Dibromochloromethane . , 1,2Dibromo-3-ch1oroprOpan(DBCP) 1,2 Dibromoethane(EDB) 1,2-Dichlorobenzene 1,4-DichlQrobenzene tran.~ 1;' 4Di-c:l'.tlQib:-2:~bti tene,~_._ 1, 1-Dich!"orcrethane' '.... .........-- 1,2-Dichloroethane 1(1-Dichloroethylene C1S 1,2 Dichloroethylene trans-1,2-0ichloroethylene 1(2-0ichloropropane c1s-1,3-0ichloropropene trans-1,3-Dichloropropene Ethylbenzene 2 Hexanone Methyl.bromide Methyl chloride Methylene bromide Methylene chloride Methyl ethrl ketone(MEK) Methyl iod1de . Methyl isobutyl ketone strrene 1, ,1,2 Tetrachloroethane 1,1,2,2 Tetrachloroethane- Tetrachloroethylene 1, 1, I-Trichloroethane 1,1,2-Trichloroethane ~ TriChloroethylene Trichlorofluoromethane 1,2,3 Trichloropropane Vinyl acetate Vinyl chloride Xylenes s~ecific Conductance p, D1sso1ved Oxygen(DO) Turbidity Temperature Colors; sheens - ,- \ 001097 QOI002 001007 001012 001027 _ 001034 ~. 001037 001042 001045 001051 071900 001067 001147 001077 001059 001087 00109,2 000901 000612 000620 000600 000650 032230 031611 000310 000340 003726 - 000546 000515 081552 034215 034030 077297 032101 032104 081309 032102 034301 034311 032106 032105 038760 077651 034536 034571 077268 0:3lf496 034531 034501 077093 034546 034541 034704 034699 034371 045034 034413 034418 077596 034423 081595 TBA 081596 077128 077562 034516 034475 034506 034511 039180 034488 077443 077057 039175 081551 000402 000406 000300 082078 000010 Observation -.;;:....' .._~. ~ ;;.. 0....,.. ~ ( : Units ug/l u'g/l ug/l ug/l ugZl ug/l ugZl ugZl ugZl ugZl ug/l ugi'l ugi'l ugi'l ugi'l ug/l ugi'l mgi'l mgi'l mgi'l mg/l mg/l mg/l #/100ml mg/l mg/l ~~t mgi'l ugi'l ugi'l ug/l ug/l ug/1 ug/1 ug/1 ug/l. ugZL ugZ1 ugZ1 ugZ1 ugZl ugZl ugZ1 ugZl ugZ1 ugZl ugZl . ugZl ugZl ugZl ugZl ugZl ugZl ugZl ugZl ugll ugZl ugZl ugZl ugZl mgZl ugZl ugZl ugZl ugZl ugZl ugZl ugZl ugZl ugZl ugZl ugZl ugZl ug/l umhos/cm S.U. mg/l NTU deg. C "'.T ," . '~ tXHl811 E. DEP FomI # 62-522.900(2) Form Tille GroU1d Waler Monilorlna .Bmllln Florida Department of Environmental Protection Twin Towers Office Bldg. 2600 Blair ~tooe Road Tallabassee, Florida 32399-2400 Effectiya Date DEP Application No. ~ GROUND WATER MONITORING REPORT Rule 62-522.600(11) PART I GENERAL INFORMATION (1 ) Facility Name Address City Telephone Number (2) The GMS Identification Number (3) DEP Permit Number (4) Authorized Representative Name Address City Telephone Number ( (5) Type of Discharge (6) Method of Discharge Zip Zip Certification I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. Date: Signature of Owner or Authorized Representative PART II QUALITY ASSURANCE REQUIREMENTS Sample Organization Analytical Lab Comp QAP # Comp QAP # IHRS Certification # .Comp QAP # IHRS Certification # Lab Name Address Phone Number ( Page 1 of2 PART III ANALYTICAL RESULTS Facility GMS #: Test Site 10 #: Sampling Oatemme: Report Period: (year/quarter) Well Name: ~ Well Purged (Y/N): Ground Water Elevation (NGVO): Well Type: ( ( ( ( ) Background ) Intermediate ) Compliance ) Other Classification of Ground Water: or (MSL): Storet Parameter Sampling Field Analysis Analysis * Analysis Detection Code Monitored Method Filtered Method DatelTime ResultslUnits LimitslUnits YIN ; * Attach Laboratory Reports Page 2 of2 MARCH 1, 2005 MEMO TO: City Manager & Commission, Boynton Beach and PB County Commissioners Newell, McCarty and Greene FROM: M. C. Ferguson, Boynton Beach Commissioner, District ill RE: WORKFORCE HOUSING INITIATIVE SUMMARY: This proposed project can provide two win-win results. First is the reclamation of a 40-acre Brownfields Tract and the other is building 500 units dedicated to workforce housing. It is possible to offer these housing units at attractive prices if the land costs and reclamation costs can be financed separately and paid for by other Palm Beach County developers as "mitigation: for their projects. WHERE? The 40-acre site is a dry brownfields area which contained dry waste materials until 1983 wben it was closed. It is located in a landlocked parcel immediately east of the Boynton Beach Municipal Golf Course. WHO? Suggested priority for buyers : Public Service Employees-City, County, State School Teachers Health Care Workers Senior Citizens Tract is owned by City of Boynton Beach and is surrounded by County areas. Need is to proceed jointly. WHAT? 500 housing units in four groups, priced as follows: % Total TYPE PRICE: 10 One Bed, 1.0 Bath 600 sq. ft $89,000 20 One Bed, 1.5 Bath 850" 126,000 30 Two Bed, 2.0 Bath 1000" 148,000 40 Three Bed, 2.5 Bath T.H.1350 sq. Ft. 199,000 100% Prices are based on construction estimates as of this date and do Dot include costs for land or reclamation of the brownfield site. + Prices shown on the previous page could be reduced by 5 % if off-site improvements were not included. These are estimated at $4 million. A further reduction could occur if the densities could be increased to 600 units.. A sample design for the property would have the apartment units arrayed in low-rise pods of 20-25, and the three-bedroom (with attached garage) in pods of 10-12. One main clubhouse is suggested with two satellite clubhouses, one with a family pool and amenities and the other with an adult pool and activities. With the availability of SHIP and other financing vehicles down payments of 0-5 % can be achieved. / WHEN? With a cooperative joint effort, and agreement by June 30 this year, land can be ready to build in late 2006 and the project completed by the end of2007. WHY? Workforce housing needs to be a priority to keep employees able to afford home ownership. It is also possible that this project could stand as a model for reclaimiJlg other properties in Palm Beach County and in other areas of Florida. HOW? The final result of this project wiD create a quality, state of the art facility with sufficient green space and recreation areas. The total cost is estimated at slightly more than $90 million. Prices outlined here, however, amount to about $75 million. To create pricing well below the current market, we have excluded about $16 million which is the estimated cost of the land and the remediation. To repay this, Palm Beach County developers would be charged a mitigation fee for this project at the rate of $5000 for 10 % of their proposed housing. This means that, for the next 3200 new housing units approved in Palm Beach County, 320 of these, at the rate of $5000 each, would be used to payoff the bonds or other financing vehicle used. National companies specialize inbrownfields remediation and provide the owner with a release of liability for future site problems. TRANSPORTATION. With grant money available the 500 units could sustain a trolley system to connect with TriRail, metro buses and the Boynton Beach Mall. The site is convenient to shopping along Le Chalet Boulevard. BACKGROUND The 40-acre site just east of the Boynton Beach Links is a landfill which was in operation from 1959 until 1983. Between 1959 and 1977 the landfill received garbage and from 1977 to 1983 only yard trash was accepted. In 1983 the landfill was closed. In 1998 the Federal DEP issued a permit which extends to the year 2012 which authorizes the City of Boynton Beach to continue post-closure of the landfill. The Palm Beach County Health Department is the administrator of this monitoring permit. Depth of the waste in the site ranges from 28 to 30 feet. Just east of the site is a PUD (planned Urban Development) calJed Arbor Glen which consists of single family homes. When this was approved there was no right of way protected for what would have been 80th Lane South into this 40 acres. This means the site is landlocked with no vehicular access and that future access would have to come from Palm Bay road to the east, Saddle Club Road to the north, or extending Jog Road from the west.. The 40-acre parcel is zoned as Parks and Recreation, so in order to provide housing a land use amendment would be required to establish a base residential category. Because the project would be for workforce housing an increase, up to 80 %, could be granted. Current Boynton Beach Mixed Use Suburban allows for up to 20 units per acre. To the south of the property is a section of Aberdeen reasonably well separated by a canal and foliage. To the north is mainly farm area and aoout 80 homes along Palm Bay Road which goes from east to west from Haverhill. County plans do call for expansion of Hypoluxo Road in Fiscal Year 2008. A copy of a map for the area is attached. rage 1 ot 1 Gary R. Nikolits, CF A Palm Beach County Property Appraiser Property Mapping System Legend c=J parcel Bomdary /0120 I Lot nurrber- Parcel Control Number I00424511ooo00502Q _ (eg.74434322120080010) r reet In. tersection I ' I and I r_ UBY City . , )-- Choose a Munlclpality-/IiiI ~Range~ TownSh.ip, Section I R~T"'So. Palm Beach County Property Map Map Scale 1:48941 Copyright Palm Beach County 2003 All Rights Reserved - Subject to a License Agreement Map produced on 1/1012005 from PAPA http://gisweb.co.palm-beach.fl.us/ipapagis/presentationlmapping/printnew.asP?MAPURL= ... 1/10/2005 ISSUES AND OBSTACLES 1. VEmCULAR ACCESS With canals bisecting three sides ofthe site it will be difficult to overcome Lake Worth Drainage District right of way jurisdictions, it is likely that the best route for access is east from Jog Road down Joe De Long Blvd and extending into the Boynton Beach Links. Assuming 500 total units at build-out this will create as many as 5000 car trips per day (although a trolley may alleviate some of this. There are several advantages to this choice. First, it will not disrupt adjacent neighborhoods. Secondly, offsite water and sewer main improvements will be required to serve the property and the County would prefer a sewer connection to Jog Road. Thirdly, entrance to and from Jog Road provides convenient. access to the new Park Vista High School and the new County Recreation Center. 2. ZONING As I understand it the County could go up to eight units per acre in this area. This, plus an 80 % increase because of workforce housing would increase this to 14.4 units per acre. As mentioned before, Boynton Beach has a Suburban Mixed Use designation which allows up to 20 units per acre. This proposal for 500 units comes to 12.3 units per acre. This kind of configuration win provide considerable area for green space and recreation amenities in addition to energy efficient dwelling units. Because of the probable large fixed expense of providing access it is necessary to have some mass in the building of the units to give the owners a real economic benefit. 3. LEGAL There are a nwnber of sub-issues here. First, this needs to be ajoint County/City collaboration. This has worked well in the past, particularly with the Boynton Beach Links many years ago. Secondly, is it legal to draw an ordinance which sets out the priorities for ownership. Thirdly, how will the City enter into a Conditional Land Sale Agreement. Finally, how can the project be controlled after completion to insure that the property is maintained through time? q, OTHER There may be political considerations with adjoining neighbors, how to draw up fee simple ownerships for the units, whether to include a small retail area, the possibility of providing carports and/or storage areas in addition to the garages for the town houses, traffic concurrency, and environmental concerns. 5. REROUTING SOME GOLF COURSE BOLES. To provide the best use of both sites and to provide a possible buffer for the neighboring areas the possibility of changing some of the golf holes should be considered. SUMMARY STATEMENT FROM M.C. FERGUSON During the past four months I have had several dozen meetings with interested parties to distill the summary you have just read. As I have become educated about the twin process of reclaiming damaged land and finding a way to achieve workforce housing I have become very much a believer in this project. To continue to push this project along I am willing to remain as point man for the next several months so that everything can funnel through one contact point. This should not be taken as completely selfless because I hope to use this project as a model in other areas and develop a niche for myself when I leave office in late-2006. If you agree that this project represents an idea whose time has come, several steps need to occur: 1. The City and the County need to resolve that this project is worthy of a joint effort. 2. The City needs to have an appraisal made of the property and work toward agreement to lend the loan value to an enterprise designed to do the project. 3. The County needs to establish the allowed zoning density and work toward the mitigation of new development. 4. Both parties need to research the legals to find out whether the prioritization for residents is possible. 5. The City must identify all regulatory hurdles related to alternative uses of the landfill. M. C. Ferguson March 1, 2005 ADORNO &. Yoss A LIMITED LIABILITY PARTNERSHIP XIII-UNFINISHED BUSINESS ITEM B. 350 EAST LAs OLAS BOULEVARD, SUITE I 700 FORT LAUDERDALE, FLORIDA 3330 I -42 I 7 PHONE: (954) 763- 1200, FAX: (954) 766-7800 WWW.ADORNO.COM lrul MAn B m \~ CITY MANAGER'S OFFICE May 17, 2005 VIA FACSIMILE (561) 742-6011 Kurt Bressner City Manager City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Blake's Towing & Transport, Inc. Dear Mr. Bressner: As you are aware, this firm has been retained to represent Blake's Towing & Transport, Inc. ("Blake's") regarding its exclusion from the City of Boynton Beach's ("City") towing rotation Pursuant to our conversation with your Assistant, Joyce, please allow this letter to confirm our request to place Blake's on the next City Commission Agenda. Once you have had an opportunity to review this correspondence, please have your office confirm that Blake's will make the City's next Commission Agenda and that a vote will take place whether Blake's will be allowed to join the City's towing rotation. We look forward to your prompt reply. " MDW/at cc: Blakes Towing & Transport, Inc. CALIFORNIA FLORIDA GEORGIA NEW .JERSEY NEW YORK WASHINGTON, D.C. MWEINSTE/213113.0001IN0543486 1 JUN-16-2005 THU 01:15 PM FAX NO. P. 02/03 ADORNO & Yoss A L.IMITED LIABILITY PA~TNERSHIP 350 E,o.sT LAe OI..AS 8OUI..~V"'RO, Sum. 1700 FOI'lT l-Auol!AC>"I.E, f'\..OHIDI' ':'3.:30 '-42 I 7 PHONL!l (!;l!;;4J 763-1200, F....x; (9S4) 7ee-7BOO WWW.AOORNO.COM .Tune 16, 2005 VIA TELEFAX (561) 742-6011 Mayor Jerry Taylor Vice Mayor Mack McCray Commissioner Bob Ensler Commissioner Muir C. Pel'guson Commissionel' Carl McKoy City o1'Bo;'11t011 Beach 100 East BOyntOl'l Beach Blvd. P.O. Box 310 Boynton Beach., FL 33425-0310 Re: .Blake's Towing & TrUDsport, IDe. Dear Mayor Taylor, Vice Mayor McCray and Commissioners Ensler, Ferguson and McKoy: TIlis finll has been retained to represent Blake's Towing & Transport, Inc. ("Blalec's") regarding its exclusioll from the City of Boynton Beach' 5 ("City") to'Wing rotation. h1 anticipation of the Conunission Meeting of June 21, 2005, please know that Blake's is 0)1 the agenda for the atbrmemiol1ed meeting. As members of the Commission, we would like you to review This ColTt~spondence prior to the meeting. It is our understanding that Blake's got involved in the bidding for towing services when it submitted to the City a Vendor Application form in regards to towing services. After the Vendor Application Fonu was received, Blake's was issued a Requesi for Q\.wification ("RFQ") for the Cities Vehicle Towing Rotation Program two year contract. We have boon advised that Blake's sealed RFQ was received timely by the City's procurement services plior to its due date of Decem ber 2, 2004. It is OUT lmderstanding that tho Evaluation COl1'1I1.1ittce met 011 December 21, 2004, and deterlllined that aU eight (8) RFQs submitted from towing companies were responsive and made a determination to discuss how to pUI'SllC negotiations. Thereafter, Blake's received correspondence on January 18, 2005, from Mary Munro ("Munro"), Assistantto the Finance Director, of the City stating that Blake's is qualified to negotiate fees. Therefore, Blake's pm1icipated in meet.ings regarding the Vehicle To\\'illg Rotation Program proposa.!s to establish the rates. eALII"ORI'lI^ FLOP'! IC>" GF-OROIA N~ ,JltRSlty N~w '(ORI< WMlHI~IGTON. D.C. MWfrNSTl::1213lll000 I/N0539469_1 JUN-16-2005 THU 01:16 PM FAX NO. P. 03/03 Mayor Jerry Taylor Vice Mayor Mack McCray Conunissioner Bob Ensler Commissioner Muir C. FergU50n Commissioner Carl McKoy June 16, 2005 Page 2 On February 1,2005, the Evaluation Committee requested that all Tow comptl.llies submit their rates. On February J 7, 200S, Blake's received correspondence tl-om MWlro stating that the Evaluation Committee's unanimolls determination was to recommend to the City Commission that the City will adopt Palm Beach COWlty rates. Also that all Tow companies were notified of the proposed recommendations to adopt tho proposed Palm Beach County rates. li'inally) the Evaluation Committee recommended to the City all ei ght tow companies that submitted RFQs participate in the . rotation program. A review of the meeting minutes of the regular City Commission meeting of March 15,2005 shows that of the eight (8) Tow companies that submittedRFQs, only one company was immediately eliminated due to it being outside the City of Boynton Beach. A further review of the ntinutes' show that once Mayor Taylor opened discussion to the public audience, a David Katz spoke representil1g six (6) of the remainhlg Tow companies excluding Blake's. He erroneously stated that Blake's only had a tlatbed truck for City "B" tows which. in his opinion, would be unsafe. He also went on to erroneously state that Blake's main facility did not have enough room for the tows and its satellite facility was furtller away from the City and might result in additiona11ow charge. Subsequently, Blake's was the only qualified participant to not be made part of the towing rotation. It is our opinion that the commissions 4~to.1 vote against Blake's was ba~ed upon erroneous information. Therefore, we would like you to consider Blake's qualifications to be patt of the City's towing rotation. We look forward to ~eeing you at the JUlle 21,2005 meeting. MDWlbm cc: Blake's Towing & Transport, Inc. C"'WP~N"" Fl.OfOIPA l)~OI'lOI" NEw.JE:I'lOa NEW YO~K WASI-IINOTON. D.C. MWElNSTF-1213 Ill.OOO J 1N053r;4c,1)_1 jUN-16-2005 THU 01:15 PM rDTJ) ((.It)' '_. .U ((-~'j) \.~:;,.;, f..<,.", />~~ 1/ ,'I II /,:;:> )\ /\;~:_:;) ~J r-~. ._~ '---::- ;/ .' / ';:.!~.'J ((1",\:::'J -~ ((]) "~~..."" (j) , .;'::"I.'I,,-.~I ( ',.,~ "':"::-" '. . ..<:1 To: Mayor JelTY Taylor Fax: (561) 742-6011 To; Vice Mayor Mack McCray Fax: (561) 742-6011 To; Commissioner Bob Ensler Fn~: (561) 742-6011 To: Commissionor Muir C. Ferguson Fax: (561) 742-6011 To: Commissioner Carl McKoy Fax: (561) 742-6011 From: Michael D. Wein~tein Ref#: 213113.0001 o Urgent o Please Reply Comments: Please see lotter of even date. FAX NO. P. 01/03 71i ["':= ,. " .., r L.::...J /;\\ "..>, .~> C I ;7 -L 711r;! .A ~ J /;.-=.\/\ ~ ~~J '., ~- ,~ r~ '1 #n~ ;/ti ( ~(;;&r CAP ~.-' I Company: City of Boynton Beach Phone: Company; Ilbonc: Company: Phone: Company: Phone: Company: Phone: Date: City of Boynton Beach City of Boynton Beach c> ; --1 ::,~~-< ,- ': ':::J -)-., . {J] ,.~ C) City ofBoyntOll Beach c_ c: City of Boynton Beach 0"' J _~ ,--:~'- -0 o June 16,2005 --'.... C.J~ r -:-\ .--OJ ~rr' C)::;> [no ::c # of Pages: 3 (including coversl1eet) .0 o For Review o Please Comment "PORNO & YOI$, p,A, :J 50 u<$T LAs 0,....., eeUI-~"'Rl> Su~ I 700 ,,"OR'!' L-WClERDAl-I:, I"LORIP'" :J3~O I" 4217 195.., 7e:J-' zoo fA)(: (954) 7ee-7600 All iIIe PIIlCI 1'I'11lcb cqlJidt.llh: till. faeli'lIl1" h'1".mil!lliulI contllin illformMtioll whieh II confrdcllfllll and covcr~ by attnrncy.dient privilclle, ,..c Infllr1llation iwlllfendcd .e'r)y ror chI! UlC ol'ille persOI to whom it i. IIdllnJ.aJ or c1inctcd. If ih" reader pf dll. notia: i>> lIot IiHtcd ab4nlc, oriftlae reader ia 110t.11I1 emp)lIYcc or llJ:cnl retpnn.ible for lIc1ivcrinJ: tbe fauimiletnllumipiOlI to iht luJdrcl!ce. rilen ynllllre hereby nlltil'h:cJ tht allY disselnlnllliUII, dbtriburilln Dr reprndlldion nf Mny or 1111 01' tllese f181:C* it Urlcdy prohltlitcd. tr)'oo MW INST6/Mll18'i'febm4~IIi"j)c "llIAllli.,lolllo crn,r pleas" ootlfy .1I imlncdi4ttely by CI!lepholle ~Dnttt lit (9!l4) 763-12011 and recur. tbe urlglnallimlmilc traniirtlw'lon tit u. Ilt Adonlo It Vosa U,P,. 350 l~lI!It Las 01.. Boall!'Vllrd. Snlte 17oo.Forl LnudcI'dllle. F1orldIl33301 "ia the U. S. Pmllll S4:rviee. We \\lift !""hnbllr.c YOII for tile p!l5tnll~. Thank )'011. AGREEMENT FOR VEHICLE TOWING ROTATION F XIII-UNFINISHED BUSINESS ITEM C. The date of this Agreement is the date the last party signs the Agreement as shown on the signature pages and is between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and "TOW CONTRACTOR". hereinafter referred to as WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows: SPECIAL TERMS AND CONDITIONS 1.0 RATES. The rates herein have previously been established and approved by the Boynton Beach City Commission and will remain firm and fixed for the term of this Agreement. The rates charges by TOW CONTRACTOR to provide all labor, tools, materials, and equipment shall not be greater than the applicable maximum rates as provided by this Agreement. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: A. TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks $100.00135.00 per call under 10,001 GVW) within City limits; (2) (3) Motorcycles within the City limits; $100.00135.00 per call Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less charged only for miles starting where city limit is exited to the final destination. No charge applied within city limits. an additional $~6.00 per towed mile from the City limits CA-l (4) Class B (vehicles 10,001 to 24,000 GVW) within the City limits; (5) Towing outside the City limits for Class B vehicles only for miles starting where city limit is exited to the final destination. (6) Class C vehicles (24,00lto 53,999 GVW) within City limits; (7) Class C vehicles outside City limits only for miles starting where city limit is exited to the final destination. (8) Additional time at the scene after first hour, per 1/2 hour thereafter (applied to all vehicles, cars, vans, and trucks under and over 3/4 ton, for waiting and extra street clean-up. This provision shall not apply in conjunction with vehicle recovery under Section 1.2(C). (9) Miscellaneous other charges 4 X 4/off-road vehicle recovery Tarp fee Lowboy service Outside the City limits only for miles starting where city limit is exited to the final destination. No charge applied within city limits. Underwater recovery salvage CA-2 $175.00200.00 per call an additional $4,007.00 per towed mile from the City limits No oharge applied within city limits. $250.00 per call (City vehicle $300.00 all others an additional $8.00 per towed mile from the City limits No oharge applied within City limits $40.00 per half hour $%-:00120.00 for the first half hour, and $30.00 per half quarter hour thereafter $35.00 per call $175.00 per hour an additional $6.00 per towed mile from City limits $100.00 per hour port to port (10) For purposes of this Agreement, when CONTRACTOR is entitled to additional charges based on time spent at the scene, unless otherwise specified, CONTRACTOR shall apportion the charge set forth herein to be consistent with the actual time spent on the scene. (11) The foregoing rates shall be adjusted March 1, 2006, based on the reported increase in the consumer price index for the southeastern region of the United States, comparing the index increase from January 2005 to January 2006. B. STORAGE AND LIEN NOTICE (1) Cars, vans, trucks vessels/trailers less than 25' Outside storage $25.00 per day Inside storage $35.00 per day (2) Vehicles and vessels/trailers over 25' Outside storage Inside storage $35.00 per day $50.00 per day (3) Motorcycles Outside storage Inside storage $15.00 per day $20.00 per day (4) Lien Notice (after 24 hours of storage) $~50.00 per vehicle $75.00 max. Per Florida Statutes, no storage fee shall be charged to the vehicle owner for a vehicle stored less than six (6) hours. "Per day" shall be defined as a twenty-four (24) hour period or any part thereof. CA-3 C. VEHICLE RECOVERY The following vehicle recovery fees may be charged to the vehicle owner when the vehicle is overturned, embedded in sand, mud, or water, or requires more than a single hook-up: (1) Class A and B wrecker on the scene; $9G120.00 per hour and $30.00 per each halfquarter hour after the first hour. (2) Extra man (each) on the scene $~60.00 per hour D. ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $44:{)()60.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles Class "A" and "B" will be towed at fifty (50%) percent ofthe standard charge(s) as set forth above. B. All CITY owned or CITY leased vehicles Class "A" and "B" requiring road service as indicated in Section 1.11 of this Agreement will receive such services at NO CIL\RGE.fifty (50%) percent of the standard charge(s) as set forth above. c. All vehicles towed at the request of the Boynton Beach Police department as a crime scene vehicle, confiscated vehicle, forfeited vehicle, or in any other way related to police business will be towed and stored at NO CHARGErotation fees. D. All CITY owned or CITY leased vehicles towed under Class "C" or Class "D" will be towed at $250.00 (plus $5.00 per mile for tows more than W10 miles from Public Works Compound). E. All vehicles towed at the request of Code Compliance, or any other department of CITY in connection to City business, shall be towed at feftyfifty (420%) percent of the contract rate and will be stored at:feftyfi-fu (420%) percent of the contract rate, as set forth in Section 1.1 ofthis Agreement. F. ~~~ts~~~~r.net be assessed anyfifty (50%) percent of waiting time charges, I G. Companies that cannot or do not respond to City tows will lose their next rotation slot for a retail tow. Documentation will be maintained by City Communications CA-4 1.3 SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes after arrival at the scene. B. LABOR CHARGES. The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until forty five:fuir!y (#JQ) minutes have expired after arrival at the scene. Labor charge must be clearly shown on the tow receipt with a written explanation of the labor charge. C. LABOR CHARGES PROHIBITED. The cost for labor shall not be assessed to CITY or Customer under any cireumstanoes for the dean up and refRoval of vehicle parts and debris, regardless of the labor and time neoessary to oomplete olean up and refRoval. Labor to the general publio will be reyiewed v:ithin six (6) months ofilie effeotiye date of this oontract. D. SERVICE CALL. TOW CONTRACTOR agrees that the mere response to a service call scene without other action does not constitute a service for which charges may be assessed to the vehicle owner. If there is no mechanical connection. there is no loss of the TOW CONTRACTOR'S spot on the rotation list. Fr.- DOCillffiNTfLTION OF SPECL\L AND ADDITIONL\L CHARGES. TO'N CONTR.:\CTOR y,ill document in detail on the tow receipt the reason(s) for waiting time oharges and the work performed for assessed labor oharges. TOW CONTR..\CTOR agrees that the special or additional charges may be disputed by CITY offioials and/or the '{chide ovmer or representative. TO'N CONTRACTOR fur+.her agrees that the City Manager or hislher designee will make the final determiFlation on the assessment of a disputed special and additional charge, and that TO'lf CONTR..^LCTOR shall abide by the decision of the City Manager or hislher designee. D. GATE FEE. A gate fee of $35.00 will be charged by TOW CONTRACTOR when an impounded vehicle/vessel is recovered by owner/authorized agent or when owner/agent wishes to recover property from an impounded vehicle/vessel after hours, on weekends or holidays. No gate fee will be charged to retrieve a vehicle/vessel or personal property Monday through Friday from 8:00 a.m to 6:00 p.m. (except holidays). 2.0 ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County and shall be able to produce evidence or prior experience in providing similar services continuously for the past two (2) years (one year of which must have been within Palm Beach County, Florida). B. TOW CONTRACTOR shall have satisfactory fmancial support, required equipment and organization sufficient to ensure that TOW CONTRACTOR can CA-5 satisfactorily execute the services, if granted a contract, under the terms and conditions stated herein. C. In the event litigation arises out of the CITY's failure to select a particular applicant, damages, if any, shall be limited to actual preparation costs incurred by the challenging party. D. The terms "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company as determined, approved or ratified by the Boynton Beach City Commission. E. TOW CONTRACTOR shall have and maintain an office and storage facility within the City limits at all times during the term of this agreement. The storage facility shall be in full compliance with the terms of this Agreement, and shall be maintained as such at all times during the duration of this Agreement. TOW CONTRACTOR agrees that it will, at its sole cost and expense, if selected, fulfill and comply with all laws, ordinances, codes, regulations and requirements of the City of Boynton Beach, Palm Beach County, the State of Florida, the United States of America, and any and all governmental agencies having jurisdiction over the providing of services as contemplated in this Agreement. F. TOW CONTRACTOR must maintain at all times, any licenses or permits required by the State of Florida, Palm Beach County and the City of Boynton Beach in order to conduct business as a wrecker or tow service. Proof of said license shall be submitted prior to the approval of this Agreement. G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. H. At all times during the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. 2.1 APPLICATION REQUIREMENTS. All applications shall be submitted as specified on the application pages. Any attachments must be clearly identified. To be considered, the application must respond to all parts of the RFQ. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. If publications are supplied by an applicant to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators of the application. Applications failing to provide this reference will be considered to have no reference material included in the additional documents. CA-6 ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE LEGIBLE. IF PROPOSAL IS NOT LEGIBLE, IT WILL NOT BE ACCEPTED. ANY ILLEGIBLE APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY DISQUALIFIED AND WILL NOT BE CONSIDERED. CA-7 2.2 GENERAL SPECIFICATIONS. A. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services rendered relative to the subject Agreement. B. TOW CONTRACTOR shall furnish towing service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of Boynton Beach Police Department (or other CITY authorized representative in the case of city-owned or city leased vehicles). Such services shall be made available on a twenty-four (24) hour basis. CITY shall be given preference only for calls by the Police Department. C. TOW CONTRACTOR shall maintain adequate storage space within the City for said vehicles when towed. Said storage facilities shall meet the minimum requirements set forth in this Agreement. D. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debris resulting from the accident. E. CITY shall have the right to cancel a request for tow company service up until the time that a wrecker is hooked onto a vehicle and ready for transport to the storage facility. However, if the tow is cancelled, the tow company will retain their position in the rotation. 2.3 SPECIFICATIONS FOR WRECKERS. A. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to two (2) CLASS "A" TOWINGIRECOVERY VEHICLES meeting the specifications set forth in Palm Beach County code. B. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "B" TOWINGIRECOVERY VEHICLE, meeting the specifications set forth in Palm Beach County code. C. Should TOW CONTRACTOR desire to be placed on the Class "C" wrecker rotation list, TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "C" TOWINGIRECOVERY VEHICLE meeting the specifications set forth in Palm Beach county code. D. Class "C" and/or "D" TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track Excavator that is approximately 30 tons. CA-8 E. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. F. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: 1. Operating clearance and marker lights, as well as any other equipment required by Florida Statutes, or any other laws or codes governing tow and recovery vehicles; 2. There shall be a rotor beam or strobe light, that is amber in color and mounted on the wrecker in such a manner that it can be seen from the front, rear and sides of the vehicle; 3. One (1) heavy-duty push broom; 4. A flood light on the hoist; 5. One (1) flat-nose shovel; 6. One (1) ax; 7. One (1) crowbar; 8. At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; 9. One (1) pair of bolt cutters; 10. One (1) set of jumper cables; 11. One (1) four-wait lug wrench; 12. One (1) high-intensity flashlight; 13. One (1) set of red highway reflectors; 14. Five (5) thirty minute flares; 15. Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and 16. Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be properly maintained in a mechanically safe condition. CA-9 G. To be awarded and to maintain a certificate of qualification, a Class "A"I"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. H. TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. 3.0 STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW CONTRACTOR shall comply with all laws, rules and regulations of any governmental agency having jurisdiction in the premises, including but not limited to, licensing and minimum safety requirements. B. TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach County and shall be the holder or any licenses required by Florida law and the City of Boynton Beach. C. Each wrecker shall be manned by a driver who must meet the following qualifications: 1. Possesses a valid State of Florida required Commercial Drivers License (CDL); 2. Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and 3. Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. D. TOW CONTRACTOR shall ensure that each driver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a driver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. 4.0 FACILITIES. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the City limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach ofthis Tow Agreement. CAW 1. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, computer, etc.; b. with a physical plant having the name of the company and the mailing address and 24-hour phone number clearly painted; c. that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and d. that maintains a radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRACTOR shall not utilize any phone answering services(s), as said services are strictly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. 2. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular trimming of all shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. b. Outside storage areas must be protected by an enclosed solid wall or a substantial wire fence not less than six (6) feet in height. The top of such a fence or wall, including all gates, doors, or roofed open areas shall be equipped with not less than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreement. Any damage to such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. c. The area must have a vehicle storage capacity of at least twenty-five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Compliance-related tows. 3. INSIDE STORAGE. TOW CONTRACTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: a. a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; CAll b. a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; c. an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. 4. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or stored as a result of the marked "HOLD" relative to a crime scene investigation shall be handled with gloves (i.e. cloth, rubber or leather) by the wrecker operator. b. Crime scene vehicles shall be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and storing it at a City-owned or controlled facility or at another Tow Contractor's storage compound. c. If laboratory work on a crime scene vehicle is required and the vehicle must be processed at the City of Boynton Beach Police Headquarters, the crime scene vehicle shall be transported to the City-designated location. d. Vehicles which have been marked "HOLD" by the Police Department shall be stored at such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. Vehicles towed by the Police Department such as Impounds for Investigative/Evidence purposes; the City is responsible for payment of storage at City rates. The Owner shall NOT be chan!ed for any storaee fees. e. Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow Contractor's facility. f City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. 5.0 PERFORMANCE PROBATION PERIOD. A. A contractor awarded a Certificate of Qualification will be subject to a three (3) month probationary period. During this time, the contractor's performance will be evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the recommendation of City staff, by written notice setting forth the default under the CAl2 Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary period described herein, TOW CONTRACTOR will be so notified by the City. B. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. 5.1 ROLE OF CITY MANAGER AS TO PENAL TIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. 5.1.1 FORMAL REPRIMAND. Upon review of materials provided to himlher by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in hislher sole discretion, is deemed to be a violation of this Agreement. A written reprimand for an act or omission in violation of the terms of this Agreement shall be grounds for recommending termination of the Certificate of Qualification should the City Manager deem such action to be appropriate under the circumstances. 5.1.2 REVOCATION. In the event any criteria for qualification established by this Agreement and Resolution R05-_ are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. 5.1.3 COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR's duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof. 5.1.4 REPUTABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but not be limited to the following: CAB A. Misstatements concerning the conviction of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; B. Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; C. Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving petjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. D. Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any other criminal traffic offense. 5.1.5 SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow company be in violation of any of the terms and conditions of this Agreement, the City Manager or his or her designated agent shall have the right to suspend the company until the violation is resolved to the satisfaction of City staff If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of Qualification pending the outcome of any criminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the Certificate of Qualification to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. 6.0 COMMERCIALLY MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged by TOW CONTRACTOR shall be commercially manufactured and shall conform to the requirements set forth herein or be approved by CITY or its designee. B. Each tow truck, recovery vehicle, and all equipment utilized by TOW CA14 CONTRACTOR shall be maintained in good mechanical condition at all times. C. Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. D. No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle, except when the circumstances justify the use of the vehicle in that manner. (i.e. flashing lights are to be used only when necessary). 6.1 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. 7.0 SITE CLEAN-UP. TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. 8.0 EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, driver's license number, social security number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said employees are on-duty. TOW CONTRACTOR further acknowledges and agrees to notify its employees that CITY may run drivers license histories on any driver at any time with or without cause. 9.0 TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES RECEIVED FROM ONE PROPOSER. If more than one application is submitted by anyone proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR. 10.0 RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit CA-l5 depending upon the vehicle class requested: CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request B. TOW CONTRACTOR assumes all liability in meeting the required class response time, including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. C. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said writing to the Agreement Administrator. D. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1(A) of this Agreement or skip any tow directed by the City of Boynton Beach. Within a 12 month period 1. I st offense 2. 2nd offense 3. 3rd offense and greater Penalty Certified letter of warning One (1) month suspension Termination of Agreement with CITY and revocation of certificate of qualification E. TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. B:-F. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during any pending appeals. G. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the City Commission. 11.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. Evidence of ownership of all vehicles is required. All registrations of vehicles are due at the time of submitting this RFQ. CAl6 12.0 BENEFITS FROM REPAIRS. A. m the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRACTOR shall provide written notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. B. TOW CONTRACTOR shall notify CITY in wntmg of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this Agreement. The written notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. 13.0 INSURANCE REQUIREMENTS. A. TOW CONTRACTOR'S liability insurance policies shall name the CITY as an additional insured. B. During the term of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOR. C. TOW CONTRACTOR shall supply CITY with a Certificate of msurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of CITY shall be included in the Policy and the Certificate. D. TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: 1. Comprehensive General Liability msurance with minimum limits of coverage of One Million ($1,000,000.00) Dollars per incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 2. Automobile Liability msurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. 3. Garage Keeper's Legal Liability msurance coverage m the mlmmum CAl7 amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. E. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY as an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. F. Each and every insurance policy must be issued by companies acceptable to CITY'S Risk Management, and licensed, qualified and authorized to do business in the State of Florida. All policies must be at lease six (6) months in duration. G. Each TOW CONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRACTOR shall not commence operation under the term of this Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has been received, reviewed, and approved by CITY. H. TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State. 13.1 TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. B. TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. C. The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. 13.2 NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. 14.0 ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours of 8:00 A.M. and 6:00 P.M., Monday through Friday and 9 A.M. and 12 PM, Saturday; CA1.8 therefore the Gate Fee shall not be charged during the applicable business hours. Authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. 14.1 PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key. " B. TOW CONTRACTOR shall protect all stored vehicles, and any evidence or personal property contained therein from theft and damage in accordance with all reasonable police department instructions and directives. C. TOW CONTRACTOR agrees to replace any such article(s) upon verification of the loss by the designated investigative agency representing the City of Boynton Beach or Palm Beach County. 14.2 INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shall be approved by CITY prior to award of the Certificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City Manager's office or the CITY'S Police Department. B. Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. 14.3 RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer that has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior written consent of the City of Boynton Beach Police Department. B. All persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or right to possession. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle or trailer to the owner or person entitled to possession. C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal holidays, provided the appropriate documentation has been filed. CA19 D. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance may only be released under the authority of the Boynton Beach Police Department. E. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's arrival at the storage site shall be advised of the following by TOW CONTRACTOR: 1. each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is open for regular business. F. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thirty (30) minutes of the request. 14.4 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless as to any claims, suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. B. TOW CONTRACTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle is stored at TOW CONTRACTOR'S storage facility , and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. 14.5 DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at time of tow) other than that designated by a CITY Police Officer or other authorized CITY representative, or owner or person in possession of vehicle. ALL CITY owned or leased vehicles towed from a location within Palm Beach County shall be towed, as requested to CITY property. Each and every vehicle towed from within the city limits shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and shall remain at that location for at least seven (7) days. 15.0 RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to provide city-wide coverage. A citizens band radio is insufficient to meet this CA20 requirement. B. Any radio communication shall, at no time, be tuned into any police frequencies. C. Guidelines ofthe Federal Communication Commission (FCC) shall prevail. D. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. E. TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in addition to the communication system required in subsections 4.5(A)-(D) above, and is necessary so that TOW CONTRACTOR can provide timely and efficient service 24 hours a day, seven days a week. 16.0 REPORTS AND RECORDKEEPING. A. TOW CONTRACTOR shall make available upon request to the CITY'S Police Department, weekly reports of vehicles and trailers towed at the request of the Police Department. The written reports will be designed and supplied by CITY and the following information shall be provided thereon: 1. Name and owner of driver; 2. model and make of vehicle or trailer; 3. license plate number; 4. vehicle identification number; 5. time, date and location of tow; 6. circumstances requiring tow; 7. whether or not a "HOLD" was placed on the vehicle by the Police Department; 8. time dispatched to scene and time of arrival; 9. storage facility where vehicle is stored; and 10. the date, time and name of employee releasing the vehicle. B. TOW CONTRACTOR shall make available upon request by the CITY'S Police Department, a complete and detailed listing of all vehicles and trailers which have been impounded or stored for periods of thirty (30) days or more. Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a period of thirty (30) days from the towing of the vehicle, shall be reported in writing to the Police Department. C. Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed, and the hours and dates applicable to TOW CONTRACTOR'S services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, until such time as a form is provided to it by CITY, which then must eM! be completed by TOW CONTRACTOR. D. TOW CONTRACTOR shall maintain at its place of business records containing the following information: 1. a vehicle storage receipt of each vehicle on the premises; 2. a monthly log of all calls for service by the Police Department; 3. a notification log indicating the date, time and method of notification to the registered owner ofthe stored vehicle or trailer; and 4. A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(A) ofthis Agreement. E. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services relative to this Agreement. 2. TOW CONTRACTOR shall make available for inspection by authorized CITY personnel the compounds and storage facilities required herein. 3. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. F. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make available for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days prior notice. All records shall be maintained for a period of three (3) years after termination ofthis Agreement. If an audit has been initiated within that three (3) year period, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. G. For monitoring purposes, TOW CONTRACTOR shall submit to CITY'S Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. H. Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 17.0 CODE COMPLIANCE CASES. A. When vehicles or trailers are towed from public property, including right-of-ways, after the appropriate notification, TOW CONTRACTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and CA22 715.05, Florida Statutes. B. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall constitute a breach of this Agreement. C. When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicle or trailer for a minimum period of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. 18.0 NON-EXCLUSIVITY OF SERVICES. A. The owner or person in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact a wrecker or tow company ofhislher choice, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound of hislher choice. B. CITY shall not be liable for any charges for moving, towing, and storage of any vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or trailer resulting from TOW CONTRACTOR'S acts or omissions. C. All vehicles and trailers towed under the request of the CITY, including but not limited to the City's Police Department, Code Compliance Division, Public Works Department, Fire Department, shall be governed by this section. 19.0 INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever arising during the term ofthis Agreement, caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or damage to property, sustained as a result of TOW CONTRACTOR'S duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or legal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought as a result of the items set forth in this section, and related to performance of this contract by TOW CONTRACTOR. In the event any litigation or other legal proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses incurred therein. 20.0 NON-DISCRIMINATION. CA23 TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of race, religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. 21.0 POSTING AND PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a conspicuous location at its storage facilities and on its tow vehicles and wreckers, a list of charges, as set forth herein. A list of such charges shall also be printed and such charges shall be provided to the owner or person lawfully in possession of each vehicle and trailer towed by TOW CONTRACTOR. 2. TOW CONTRACTOR shall not charge for any service that exceeds such posted or listed amount, nor shall TOW CONTRACTOR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a written estimate of the amount that will be due and payable upon completion ofthe unposted or unlisted service. 22.0 COMPLIANCE WITH LAWS. This Agreement shall be governed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes, ordinances, or regulations which may govern CITY as a Florida municipal corporation. 23.0 NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. 24.0 DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. 25.0 MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. 26.0 ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a CA24 courteous, orderly, ethical and businesslike manner. As it is recognized by both parties that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: A. Expedite release of vehicle in accordance with the terms ofthis Agreement; B. Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; C. Permit the owner to remove the auto tag and any unattached personal possessions; D. Explain fully and politely the reason for the tow and all charges levied; and E. If a dispute occurs, TOW CONTRACTOR shall attempt to resolve the dispute promptly and politely. If it cannot be resolved satisfactorily, the dispute shall be reported to the City Manager's Office no later than the next business day. 27.0 WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for wrecker call-out on a per incident basis (except Code Compliance). Five separate log books will be utilized and maintained by the CITY'S Communication Division. B. Procedure. 1. Log System a. Logs will be kept based on the breakdown noted: i. Class "A" and "B" Wrecker Companies; 11. Class "C" & "D"Wrecker Companies; and 111. Code Compliance Wrecker Companies (all Class "A"/"B" TOW CONTRACTORS required to participate). IV. City Vehicles Class "A" and "B" and v. City Class "C" & "D" Wrecker Companies b. TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. c. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. 2. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notifY the Communications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY'S Communications Division or TOW CONTRACTOR has failed to CA25 respond within a reasonable time to a hazardous scene. The City official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. d. During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY'S Police Department. 3. Rotation Tracking. a. A manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the tow company, the CITY officer, agent or employee, dispatch, case number, remarks, and a computer check. c. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. 4. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuant to Chapter 119, Florida Statutes, and is available for inspection, by appointment, during regular business hours. 28.0 CODE COMPLIANCE TOWING PROCEDURE. A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Chapter 10, Article ill, Sections 10-50, 10-51 and 10-52 of the City of Boynton Beach Code of Ordinances. The towing of these vehicles is to be at no charge to the CITY. B. Procedure. 1. Tow List. a. Tow lists will be faxed from the Code Compliance Division directly to the tow contractor during the month as needed. All tow lists must be returned to the Code Compliance Division within 7 days of receipt of the request for tow. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Each TOW CONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Code Compliance Division employee responsible CA26 for the tow list. 2. Rotation. a. Wrecker companies shall rotate Code Compliance tows on a monthly basis. b. TOW CONTRACTOR is required to notify CITY'S Code Compliance Division and the employee responsible for the tow list, at least ten (10) days in advance of its month to undertake Code Compliance tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Compliance Rotation, and may be subject to penalties as provided in this Agreement. C. TOW CONTRACTOR's failure to perform Code Compliance tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a period of time as determined under the sole discretion of the CITY'S City Manager. C. CITY hereby reserves the right to modify the rotation schedule or procedure for Code Compliance tows under this section of the Agreement in an effort to improve upon the procedure to place Code Compliance tows in the regular rotation or otherwise. 29.0 TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (1) additional year, unless either party provides written notice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at the end of the term. 29.1 INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY'S employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR'S activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY; that it has full opportunity to find other business; that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any CA27 obligation incurred by TOW CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. 29.2 NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: 29.3 BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 29.4 SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 29.5 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Florida. Venue for the purposes of any litigation arising out of this agreement shall be in Palm Beach County, Florida. 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. eM8 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY: City Manager ATTEST: APPROVED AS TO FORM: City Clerk City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESSf OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this _ day of 2005. NOTARY PUBLIC My Commission Expires: CA29 WITNESSES: TOW CONTRACTOR BY: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this _ day of 2005. NOTARY PUBLIC My Commission Expires: CA~O