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Agenda 03-05-07 The City of oynton Be ch 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA March 5, 2007 Jerry Taylor Mayor - At Large Ron Weiland Commissioner - District I DISTRI T I Mack McCray Commissioner - District II Jose Rodriguez Commissioner - District III Carl McKoy Commissioner - District IV Kurt Bressner City Manager James Cherot City Attorney Janet M. Prainito City Clerk 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 PUBUC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. 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 March 5, 2007 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Greg Fitch - Police Chaplain C. Pledge of Allegiance to the Flag led by Vice Mayor Jose Rodriguez D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations a. Community Caring Center of Boynton Beach Week - March 18-24, 2007 2. Presentation by Sherry Johnson, Executive Director of the Community Caring Center, entitled "Creating a Healthier Community" Initiative. Agenda Regular City Commission Boynton Beach, FL March 5, 2007 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 Appointment Length of Term To Be Made Board Expiration Date III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (3) IV McKoy Cemetery Board Alt 1 yr term to 4/07 Tabled (2) II McCray Code Compliance Board Alt 1 yr term to 4/07 Tabled (3) I Weiland Community Relations Board Alt 1 yr term to 4/07 Tabled (3) II McCray Community Relations Board Reg 3 yr term to 4/08 Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2) I Weiland Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2) II McCray Education and Youth Advisory Board Reg 2 yr term to 4/07 Mayor Taylor Library Board Alt 1 yr term to 4/07 Tabled (2) IV McKoy Library Board Alt 1 yr term to 4/07 Tabled (3) IV McKoy Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (3) Mayor Taylor Recreation & Parks Board Reg 3 yr term to 4/08 Tabled (2) Mayor Taylor Senior Advisory Board Reg 2 yr term to 4/07 Tabled (2) Weiland Veterans Advisory Commission Reg 3 yr term to 4/07 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Commission/CRA Workshop -- Affordable Housing - January 30/ 2007 2. Agenda Preview Conference -- February 9, 2007 3. Regular City Commission -- February 13, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 2 Agenda Regular City Commission Boynton Beach, FL March 5, 2007 1. Approve the emergency repair work performed by Chaz Equipment Engineering Contractor of Wellington, FL in the amount of $23,108.75 to repair and rehabilitate a wet well at Lift Station #516 which was sinking; and Uretek ICR LLC of Lakeland, FL in the amount of $18,385.50 for soil stabilization work at the site, for a total of $41/494.25. 2. Approve the negotiation of a contract with APPLIED TECHNOLOGIES & MANAGEMENT, Inc. of West Palm Beach, FL., RFQ# 021-1210-07 JOD "FACT FINDING AND EVALUATION STUDY OF THE SOUTH LAKE WORTH (BOYNTON) INLET. 3. Approve a multi-award by manufacturer with primary, secondary, third and some fourth place vendors, BID #026-1412-07jOD - "ANNUAL CONTRACT FOR AUTOMOTIVE AND SMALL TRUCK PARTS AND ACCESSORIES" to the lowest, most responsive and responsible bidder. The estimated expenditure will be $95,000. 4. Award the "ANNUAL SUPPLY OF POL YPHOSPHATE TYPE CORROSION INHIBITORS", Bid #019-2821-07jJA, to Shannon Chemicals of Malvern, Pennsylvania for an estimated annual expenditure of $45,000. 5. Award a "TWO-YEAR AGREEMENT FOR SUPPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS & RESTORATION", Bid #027-2821-07jJA to LINE- TEC, INC. of Boynton Beach, FL for an estimated annual expenditure of $350,000. C. Resolutions 1. Proposed Resolution No. R07-021 RE: Approving and authorizing execution of a two-year service and support agreement with TelVue Virtual Television Networks (TVTN) to remotely organize, update and maintain the City's public access television station at no cost to the City. (Tabled to March 5, 2007) 2. Proposed Resolution No. R07-030 RE: Approving and supporting the Community Redevelopment Agency's application to the Waterfronts Florida Partnership for the Boynton Beach marina to be designated as a "Waterfronts Florida" Community. 3. Proposed Resolution No. R07-031 RE: Approving and authorizing execution of an Agreement for Water Service Outside of the City Limits with Turtle Cove LLC for a 3.04 acre parcel of land located in the utilities service area, approximately 1,000 feet west of Military Trail along Hypoluxo Road. 3 Agenda Regular City Commission Boynton Beach, FL March 5, 2007 D. Approve the purchase of updated computer and software to interface with existing CrossMatch ID500 Fingerprint scanner to allow for creation of digital fingerprints to submit electronically to the Florida Department of Law Enforcement. E. Approve the "Surplus Vehicle List" as submitted by Pubic Works/Fleet Maintenance and allow for the sale of same. F. Approve the "Surplus Equipment List" as submitted by the Golf Course and allow for the sale of same. G. Approve the "VISTABELLA AT RENAISSANCE COMMONS REPLAT 1", a PUD Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Surveyor and Mapper). H. Accept the City of Boynton Beach FY2005-2006 Annual Grants Report. I. Assign City's interest in the Marina Village 2nd Amended Mediation Agreement to the CRA. J. Authorize Vice Mayor Jose Rodriguez to participate and serve as the City Commission's representative on the Youth Violence Prevention Project Steering Committee. K. Authorize the use of $1,500 for Boynton Beach Symphony Orchestra, $3,000 for Community Caring Center and $1,000 for Dancer's Alchemy from Commissioner Weiland's Community Investment Funds. 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. A. Public Hearing to approve the Proportionate Fair-Share Mitigation Program (CDRV 07-001) - (1st Reading of Proposed Ordinance No. 07-006) Re: Amending Chapter 1.5, Article VI. Concurrency Requirements of Land Development Regulations, to comply with new growth management legislation directing local governments to adopt a methodology for assessing proportionate fair-share contributions from developers to meet traffic concurrency requirements for local roads. IX. CITY MANAGER'S REPORT: A. Feasibility of Saturday hours for the Building Division 4 Agenda Regular City Commission Boynton Beach, FL March 5, 2007 XI. NEW BUSINESS: A. Landfill Study Update B. Status report on City/CRA/Developer Negotiations for MLK Corridor C. Discussion of Local Lobbyist Registration Ordinance D. Amendment to City Code to Require Extra-Ordinary Vote for Dissolution of CRA X. FUTURE AGENDA ITEMS: A. Presentation by BB High School Principal (March 20, 2007) B. Strategy Report Regarding latest Report on Crime Increases in Boynton Beach. (March 20, 2007) C. Water, Sewer and Stormwater Rate Study Report (April, 2007) D. Update of Recreation and Parks Strategic Plan (April, 2007) E. Revision of Fire Codes (April 17, 2007) F. Ordinance to allow a new Commissioner, appointed or elected, to remove any board members that were appointed by his/her predecessor, within 30 days. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-002 RE: Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had applications pending on or before October 5/ 2005; providing that the 30% of the 1% (.03) Public Art fee is collected by the Building Department at time of Building Permit issuance and the 70% of the 1% (.07) prior to and as a condition of issuance of the certificate of occupancy which includes the Public Art. (Tabled to March 5, 2007)(Request to table to April 3, 2007) 2. Proposed Ordinance No. 07-005 RE: Amending the Land Development Regulations, Chapters 5/ 6 & 7 to clarify that all public and private development projects are subject to surety requirements. 5 Agenda Regular City Commission Boynton Beach, FL March 5, 2007 C. Ordinances - 1st Reading None D. Resol utions: None E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEmNG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR AcnVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR AcnVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. AGENDA 3/02/20072:30 PM S:\CC\WP\CCAGENDA\AGENDAS\Year 2007\030507 Revised First Draft.doc 6 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December] 8, 2006 (Noon) C2J 0 January 16,2007 January 2, 2007 (Noon) 0 0 February 13, 2007 January 22, 2007 0 Requested City Commission Meeting Dates March 5, 2007 March 20, 2007 April 3, 2007 NATURE OF AGENDA ITEM C2J Announcements/Presentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements o Public Hearing RECOMMENDATION: Present Proclamation Date Final Form Must be Turned in to City Clerk's Office February 12,2007 (Noon) March 5, 2007 (Noon) CJ 0 CJ:::j March 19,2007 (Noon) -.J =i-< .." -<0 F'T1 CXJ ()" 'CO 0 City Manager's Report W ''10 ~:1 :::<~ 0 New Business :t:a .- U)-l 3: 0 0 Legal C? r::> -.. ~; 0 Unfinished Business N 2:l", '"';t:- O 0 mn ::I: EXPLANA TION: The Community Caring Center has requested a proclamation declaring March 18-24, 2007, as Community Caring Center Week. The CCC was organized by the Boynton Beach Ministerial Alliance in 1987 and provides assistance to those within the greater Boynton Beach area who are in need of food, shelter and other services. FISCAL IMPACT: None PROGRAM IMPACT: This presentation will help raise public awareness of the CCC's mission. AL TERNA TIVES: Not present Proclamation 4~"'~. ~ _~~~ Departmen ead's S' ature Public Affairs Assistant to City Manager CIM /' City Attorney / Finance Department Name S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC WHEREAS, the Community Caring Center of Boynton Beach has been actively assisting the hungry and the needy of our community since September 1987, alleviating the suffering of single mothers, the unemployed, transients, and others who find themselves on the margin of society; and WHEREAS, the religious community, as well as individual citizens of Boynton Beach, have recognized the charitable work of the Community Caring Center in providing emergency shelter, groceries, and other resources; and WHEREAS, the Community Caring Center of Boynton Beach has made a difference in the lives of those who needed that extra help to keep their family together, or to react to an emergency situation that could result in the loss of a home or the lack of a meal. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim March 18-24, 2007 as "COMMUNITY CARING CENTER OF BOYNTON BEACH WEEK" 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 5th day of March in the Year 2007. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) [II,-ANNOUNCEMENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORLvl 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 December 5, 2006 November 20, 2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) ~ March 5, 2007 February 12,2007 (Noon) D January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) D February 13, 2007 January 22, 2007 0 April 3, 2007 March 19, 2007 (Noon) ~ Announcements/Presentati ons 0 City Manager's Report NATURE OF D Administrative 0 New Business AGENDA ITEM 0 Consent Agenda D Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Permit presentation. EXPLANA TION: The Boynton Beach-based Community Caring Center has developed a "Creating a Healthier Community" initiative, which seeks to address health and economic conditions in the Heart of Boynton area through the creation of a non- profit grocery store and business incubator for grocery store components. Center staff has been working with the University of Florida and the County Extension Program to introduce a financing plan called "The Fresh Food Financing Initiative" to the state legislature. The Community Caring Center is seeking City support to assist in getting this initiative on the state's agenda. The Community Caring Center was organized by the Boynton Beach Ministerial Alliance in 1987 and provides assistance to those within the greater Boynton Beach area who are in need of food, shelter and other services. PROGRAM IMP ACT: This presentation will help to raise public awareness of this initiative FISCAL IMPACT: None to the City. The Center is hoping that this initiative will have a positive impact on the City's economy. ALTERNATIVES: Not pennit presentation. 0~~/~ ~ Ae~~ epartment ,d's Si re Ci Manager's Signature Assistant to City Manager ~ Public Affairs Department Name City Attorney I Finance S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC .~~ ~ "Creating a Healt11ier COlnmunity" Initiative Community Caring Center of Boynton Beach, Ine, City Commission Presentation March 5, 2007 Table of Contents Background Problem Action is Needed Conclusion Acknowledgements Attachments Benefits of Ownership, incubator, visual aide Fresh Food Financing Initiative 3 4 6 6 - 7 8 9-10 1 - 5 "CREATING A HEAL1'HIEH COMMUNITY" INI1'I.\1'111 Background Founded m 1987. the Community Caring Center of Boynton Beach. Inc.' s. ("'CCC"), primary focus has been hunger, the issues preventing clients from accessing healthy, nutritious, and affordable food, and the resulting nutritional and economic impact on the lives of families and children. CCC has provided an emergency food pantry for twenty (20) years: has been a host site for a food distribution program called SHARE (Self Help and Resource Exchange) for twelve (12) years; a member of Palm Beach County's Food Alliance and participated in the 1 2004 Palm Beach County Hunger Survey (a collection of data concerning hunger in Palm Beach County): is a board of director member of the Boynton Beach Planned Approach to Community Health (PATCH) creating a "Wellness Center" in Boynton Beach; teaches child nutrition education at the Treasure Chest Early Learning Center using 2 Dole's "5 A Day" curriculum; and is trained to teach nutrition cooking using -' "The Happy Kitclten/LaCocina Alegre" method, a project of the Sustainable Food Center located in Austin, Texas. CCC recently conducted a study. funded by the Forrest C. Lattner Foundation, on the nutritional evaluation of its SHARE program's food products and its compatibiiity with ciient's dietary needs. CCC intervievved III of its 274 SHARE participants. It found that two-thirds of its participants were elderly and suffered from nutrition related diseases: 9% hypertension, 32% diabetes, 18% high blood pressure, 9% high cholesteroL and 32% heart disease. The majority indicated that they felt the food was affordable. stretched their dollars and was compatible with their approach to control their nutrition related diseases through dietary mean in conjunction with their medication. CCC has been able to expand its food programs to include USDA products, meats from local grocers, and fresh produce from gleaning programs. It now provides $300.000 of food to approximately 2,400 families each year. CCC also addresses the nutritional and cultural needs of the community in its emergency food programs in addition to providing affordable food program options like SHARE. However, the need is much greater and requires a public private partnership on a multi-level sector approach. PAGE 3 "CREATING A HEALTHIER COMMUNITY" INITIATIVE Problem Poor diet and lack of exercise are currently the object of a great deal of media coverage, commercial marketing, discussion and debate throughout American society. Socioeconomic status is probably the greatest determinant of a person's ability to maintain a healthy diet and get exercise. The 2004 PBC Hunger Survey sited "insufficient funds" as the primary reason that Palm Beach County households were food insecure (hungry). Palm Beach County residents were not only hungry but they were double that of the national average of households with the same income levels. In addition, children living in Palm Beach County were three times the national average to . NOT know where their next meal was coming from. CCC serves 1,638 of those children. After calculating fixed costs such as health insurance, rent, utilities, childcare and transportation, there were few if any discretionary funds left for low-income households to spend on food. Respondents to the survey sighted low-paying jobs, high utility bills, transportation problems and disabilities as reasons. The 4 Joint Center for Political and Economic Studies/PolicyLink indicates that diet and nutrition related diseases disproportionately affect people of color. This is particularly of concern for African Americans and Latinos, Not only are the obesity rates for this group high, their rates are growing faster than among whites, Mrican Americans have had a consistently higher rate of diabetes than whites, as well as, disparities in heart disease that includes a premature mortality due to heart disease. CCC assists clients by providing medication vouchers to pay for prescriptions, obtaining prescription drug assistance, applying for Medicaid and Healthcare District assistance, registering for mammograms, providing financial assistance to pay rent, mortgages, and utility bills, providing Palm Tran bus passes, applying on-line for food stamps, providing job placement referrals, providing hurricane preparedness and recovery programs, and providing food programs. In order to better advocate for those that come to the CCC for assistance not only does staff document the need, income, household size, and ethnicity, but tracks the underlying reason: employment, domestic issues, & PAGE 4 " C REA T I 'oJ G A H E A L l' H 1 F R C () ,\\ ,\\ U " 1 l' \" I NIT 1 .'\ l' ! 1 I health issues. Programmatic expansion in the last three (3) years to included frail/elderly care giving, and hurricane preparedness/response as provided additional community health data. The resulting data collected by CCC is a compilation providing detail and insight as to the health condition of the conununity it serves. There are 4,498 people served by CCC that are elderly, working pOOL and single moms with children who have limited means of transportation. CCC's clients make daily food choices that have a compromising affect on their health largely due to a lack of understand and limited "opportunity structures" such as sustainable food centers that provide fresh and affordable food. The result is an increase in demand for food and financial assistance. Of the CCC clients requesting financial aid each year, 55% of those clients have been debilitated due to health related issues. For 28% of that group, the health related issues are nutrition related diseases, i.e, some cancers, high cholesterol and blood pressure, heart disease, and diabetes. The lack of affordable nutritious food has had a tremendous economic impact on the community resulting in the lack of productivity, increases in PAGE 5 "CREATING A HEALTHIER COMMUNITY" INITIATIVE healthcare costs, increased demands for social services, and large numbers of children living in poverty. This cycle of impoverishment will continue to economically impact this community until a "healthier community" initiative is addressed as a collective whole from all sectors. CCC began to track the data and understand Action Is Needed it's relationship to the economic impact of a community in terms of loss of productivity and increases in healthcare costs. After two years of hurricane activity and inflating housing markets, there has been a substantial increase in the demands for social services, including the emergency food pantries. What was nonnally an "emergency" food resource, the pantry has become a sustaining food center for increasing numbers of working families. CCC's response so far has been three-fold: 1) to change the quality and nutritional value of food offered from its food pantry, to include fresh, locally grown produce, adequate amounts of protein, sugar-free and low-salt selections, and whole grain items; 2) to support the efforts of the Boynton Beach Planned Approach to Community Health (PATCH) program to create a "Wellness Center"; and 3) to address prevention by educating and equipping the community to begin to break the cycle of poverty imposed by nutrition related diseases. However, much more needs to be more done, Eliminating nutrition and health care activity related to disparities requires a multiple level approach. To create a health-promoting community environment, it must include public and private support from all sectors, including industry, commerce, health care, transportation, policy, and medial advertising. Conclusion CCC is looking to partner with these sectors by helping to address the health and economic conditions ofthis community. As a result, CCC is taking steps towards "Creating a Healthier Community" by creating a not-for-profit grocery store. It is a 5-year program that begins by creating awareness, educating the community, involving the faith community with Dole's PAGE 6 "CREATING A HEALTHIER COMMUNI1'l" l"I1'IATI\1 "5 A Day - Body & Soul. " supported by Tom Joiner of "Black America," and creating a business incubator. The incubator will include entrepreneurs interested in catering, gardening, cafe's, bakeries, green market, fish & meat markets, and nutrition & culinary classes. CCC has established a steering committee conslstmg of a grocery manager, food co-operative, land planner, realtor and construction estimator, attorney, nutritionist/physician, faith community leaders. local business representative, and local growers. CCC is in partnership with PBC's Economic Development Department, the Department of Agriculture, PBC Extension, and the University of Florida who are providing technical assistance with our business plan, financing efforts, and legislative reforms required to bring these efforts to fruition. Financing is key. CCC has taken steps to introduce a financing initiative called 5 "The Fresh Food Financing Initiative" to the State of Florida legislature. The Fresh Food Financing Initiative was originally created twenty years ago in response to the rising concern in Pennsylvania over the lack of access to fresh foods in underserved communities. By providing underserved people access to fresh food retailers with greater variety, the initiative will provide this community the choice of a more nutritionally balanced diet. The lower food costs also enables underserved persons living on budgets to purchase higher quality foods. The Joint Center for Political and Economic Studies/Policy Link states: ;'lIealthyfood options and physical activity are glaring abscntfi'oTll poor i::Ornmunities and communities of color. When these opportunities are not crvailable within a community, residents are much less likely to eat nutritious foods or to be physically active. The disparity in food and pnysicalactive resources is contributing to high levels o(nutrition and \:!jipf,ysical activity related diseases in the Aji-ican American and Latino 'communities. " PAGE 7 "CREATING A HEALTHIER COMMUNITY" INITIATIVE CCC feels that this move is compatible with the social service and economic development goals and objectives of the City of Boynton Beach and the Community Redevelopment Agency and would ask for your participation in a collective action to address the need to "Create a Healthier Community. " Acknowledgements I Palm Beach County "Food Security Project" October 2004 Summary funded by United Way of Palm Beach County, Healthcare District, Palm Beach County, and Children's Services Council is a I8-month strategy to collect qualitative and quantitative data regarding hunger and food insecurity in Palm Beach County that would support strategic planning on food systems. 2 The "5 A Day" program is the largest public-private education initiative so- sponsored by the National Caner institute and Produce for a Better Health Foundation, who primary function is to increase the consumption of fruits and vegetables to improve health. 11'11'l1'.phbfc)()undatiol1. or<.: 3 Sustainable Food Center (SFC) is a nonprofit working to create a food secure community by improving access to local, healthy and affordable food for children and adults in Central Texas. 4 "A Place for Healthier Living" Joint Center for Political and Economic Studies working to improve the health status of black Americans and other ethnically diverse groups by expanding their participation in relevant political, economic, and health policy arenas 5 "Fresh Food Financing Initiative, " Program Guidelines - The Reinvestment Fund, 11 '11'11'. trfimd. com PAGE 8 "CREATI'<G A HEALTHIER COMMUNITY" INITIATIYF I Non-Profit Grocer Incubator I . Unique environment that supports the success of small companies b'j providing shared services: Strategic Guidance Enhance Innovation Accelerated Progress . On-site incubator manager for . Conceptual Design complete incubation services Nonprofit including technical and business development Cooperative assistance: Incubator Entrepreneurial Training Cultural Diversit'j Business Plan Assistance Emplo'jment & Training . Management Programs Board of Directors Shared Services & Equipment Management & Marketing Professional Services . Opportunities . Access to franchise Ownership opportunities & financing: Small Business SBA & Micro Business Loans Retention Venture Capital Funding Education Referrals to Traditional Lending Training Institutions Healthier Communit'j Seed Capital Financing PAGE 9 "CREATING A HEALTHIER COMMUNITY" INITIATIVE Events Youth programs Culinary Events Health Program & Nutrition Classes Green Market during season Cultural Events celebrating diversity Ownership Opportunities Catering BakeI'1;j Events Planning Fish Department Produce Department Meat Department Deli Coffee Shoppe Marketing Social Services Faith Communit':J participation in "Bod':J & Soul" Program Weekl':J food deliver':J to shut-ins Training & Rehabilitation Services Da':Jcare Access to affordable, nutritionist, food and fresh produce Incubator for small businesses P AGE t 0 '" u u tIl 'E ::: u .~ !Jl ~ t ~ ~ ::: ~ ., '" ';j; dJ i:- f '" '" ~ x tIl '" :'> u u s: ~ fil :: ~ -= ~ '* ~ ::> i:- s: o~ s: ~ tIl ; € ~ u u ! s: ::: u C ::: ... <1l ~ u tIl -= ., tIl .2 u :I u ::: ~ :3 ;-.. ::: 15 n E ~ 'E ::: ;-.. tIl ~ ::: 'E E '" '5 j .~ -;: 0 ~ ::: u ., ::: tIl 'E u t u u ~ u 'r; 0 I ... u ::: .. ~ .~ u u u tIl u '" .~ ~ u ::: u .. e- :: ,:; u ::: OE :::: '" u '.. ~ :I '" :: :::: ~ ;-.. ~ .~ o~ f n u -.; n ~ :: < j or; ~ :::: < .=: ~ I+- ~ ~ '" .:5 ~ .~ '" f ., u dJ :::: t:. ::I: E ... u ..=: f '" ., .&> '" :::: ~ dJ "3 .. 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Fresh Food Financing Initiati~c Program Guidelines Section I - INTRODUCTION A. Statement of Purpose The Reinvestment Fund (fRF) is a non-profit financing institution that created the Fresh Food Financing Initiative, an innovative new capitalization program to increase the number of supermarkets, or other grocery stores in underserved communities across Pennsylvania. 1bis statewide program meets the financing needs of supermarket operators that plan to operate in underserved communities where infrastructure costs and credit needs cannot be filled solely by conventional financial institutions. Under this program, TRF provides pre- development grants and loans, land acquisition financing, equipment financing, capital grants for project funding gaps and construction and permanent finance. TRF also provides technical assistance and workforce services to its borrowers and grantees through this initiative. The initiative was created in response to the rising concern over the lack of access to fresh foods in underserved communities. According to the House Report on Resolution No. 13, released by the Pennsylvania House Health and Human Services Committee, chaired by Rep. George Kenney and Rep. Frank Oliver, the lack of supermarkets is a problem affecting major cities and towns across the Commonwealth of Pennsylvania. By providing underserved people access to fresh food retailers with greater variety, the initiative will give these communities the choice of a more nutritionally balanced diet, The lower food costs will also enable underserved persons living on fixed budgets to purchase higher quality foods. Supermarkets and other grocery stores will also make valuable contributions to the community by creating jobs and revitalizing neighborhoods. TRF has a 20-year history of providing loans and investments as well as technical assistance to low-wealth communities and low-and moderate-income individuals. Since inception in 1985, TRF has made loans and investments totaling $389 million. B. Eligible Activities 1. Supermarkets and other grocery retailers that operate on a self-service basis, primarily sel1ing groceries, produce, meat, baked goods and dairy products. Convenience stores do not qualify as supermarkets. 2. Real estate projects which have multi-tenant uses beyond a supermarket tenant may be eligible if: (1) the retail development intends to lease space to retailers of fresh foods (for example, fresh seafood retailer) not sold in limited assortment grocery stores; (2) the viability of the development site and proposed supermarket is contingent on ancillary non-food tenants and those non-food tenants do not represent more than 50% of the building area; or (3) the development project has been split into separate foot prints, allowing the grant or loan to focus only on the supermarket tenant portion. c. Ineligible Activities Multi-tenant projects cannot lease space to businesses involved in the following: religion, entertainment of a prurient sexual nature, gambling, illegal activity, or pyramid sales. Section II GRANTS A. Eligible Applicants An eligible applicant must demonstrate that its proposed project will benefit an underserved area, and may be a for-profit business enterprise (including a corporation, limited liability company, sole proprietor, cooperative or partnership), or a non-profit organization, including an institution of higher education. Underserved area is defined as a low or moderate income census tract, an area of below average supermarket density or an area having a supermarket customer base with more than 50% living in a low income census tract or other area demonstrated to have significant access limitations due to travel distance, as detennined by TRF. In order to determine eligibility, the applicant must complete a Fresh Food Financing Initiative A,pplication for Program Eligibilil)'". Page 1 B. Grant Purpose Grants are limited to $250,000 per store. There are also limits to overall grants ro one operator. Pre-development Grants may be awarded to eligible applicants. These grants may be used to pay for the eady costs associated with project feasibility including professional fees, market studies, appraisals, and deposits on land and buildings and other holding costs. Land Assembly and Other Capital Grants* may be awarded to eligible applicants. These grants may be used to pay for relocation, demolition, envirorunental remediation, unstable foundations and soil conditions. These grants may also be used for other project costs related to land assembly and infrastructure improvement. Soft Costs and Other Preopening Grants may be awarded to eligible applicants. These grants may also be used to cover training costs, security, or other preopening expenses. These costs ",,-ill be considered on a project-by-project basis. Construction Grants* may be awarded to eligible applicants. These grants may be used to pay for general conditions, builder overhead and profit, labor, materials and contingency funding. Other guidelines: 1. On a case by case basis, TRF -will make predevelopment grants on a recoverable basis. 2. No grantee shall receive more than $750,000. *Grant funds used toward the payment of construction, renovations, demolition, infrastructure improvements, remediation, build-out, alteration, or installation of machinery and equipment ($25,000 and above) may trigger applicability of the Pennsylvania Prevailing Wage "\ct to a project. The P A Department of Labor and Industry has final authority to make prevailing wage applicability detenninations and may be contacted by calling 717-787-4671 or 800-932-0665. C. Application Process To apply for funding, the applicant must complete a Fresh Food Financing Initiative Application for Financing. The application is attached, and may also be found at \\'\\",SJrfund.,ilill. See Section n'~ Program Inquin'es, for additional information. D. Application Evaluation Applications will be approved on a monthly basis until all funds are committed to projects. TRF will review each application to determine whether the proposed project demonstrates one or more of the following: 1. The project will have demonstrable impact on the economy or well-being of the neighborhood, community or region where the project is located. This impact must be measurable and the methodology for measurement must be described. 2. The project will result in a substantial increase in revenues for the state, the host municipality or the market region. 3. The project adheres to sound land use principles. 4. The project requires an investment of public funding to move forward, to create impact, or to be competitive with similar projects in the regIon. S. The project is working in conjunction with other programs promoting community development. An eligible project ,,>ill receive priority consideration if it demonstrates one or more of the following: 1. The project will positively impact economic conditions in aNew Markets Tax Credit eligible census tract, defined as any population census tract if: (a) The poverty rate for such tract is at least 20 percent, or (b) (i) In the case of a tract not located within a metropolitan area, the median family income for such tract does nor exceed 80 percent of statewide median family income, or (b) (ii) in the case of a tract located within a metropolitan area, the median family income for such tract does not exceed 80 percent of the statewide median family income or the metropolitan area median family income. 2. The project will positively impact economic conditions in an economically distressed census tract in the Commonwealth. An economically distressed census tract is defined as a census tract where: Page 2 For Metropolitan Areas a) Unemployment rate is greater than 1.5X national average, b) Poverty rate is greater than 20%, c) Median family income is less than 80% of the area median income; and d) Population is greater than 1,500. For Non-Metropolitan Areas a) Unemployment rate is greater than 1.5X national average, b) Poverty rate is greater than 20%, c) Median family income is less than 80% of the statewide or national non-metropolitan median family income; and d) Population is greater than 500. In addition, TRF will evaluate the feasibility and practicality of the proposed activity, and whether the end result is likely to be achieved if the proposed activities are successfully concluded. Upon being satisfied that the requirements have been met, TRF may approve the application for a Grant. E. Awards and Contracts Upon approval of an application by TRF, a grant agreement and commitment letter will be issued to the applicant explaining the terms and conditions of the grant. The grant agreement and commitment letter must be signed and returned within 10 days of the date of the commitment letter or the grant offer may be withdrawn. Upon full execution of the grant agreement and any contract between the applicant and vendor( s) performing the work, the grant will be paid upon receipt by TRF invoices and final work products demonstrating that the planning project has been completed. Partial funding prior to the submission of receipts and work completion documents will be considered on a case by case basis. F. Reporting Requirements and Record Keeping and Nonperformance TRF will enter into a grant agreement with all Grantees. Grant proceeds are subject to audit by The Reinvestment Fund. Therefore, the Grantee will agree that it will maintain complete financial records for all of its costs subject to its grant for a period of five (5) years after the execution of an agreement and will cooperate with the TRF in any audit requests. In addition, Grantee will submit a Semi-Annual Report and supporting documents to TRF within 60 days of report period end date, with the exception of audited financial statements, which shall be submitted within 90 days of fiscal year-end. .Any material nonperformance to the Grant Agreement by Grantee may result in exclusion of future loans or grant awards by TRF under the Fresh Food Financing or any affiliated programs. Section III LOANS A. Eligible Applicants .An eligible applicant must demonstrate that its proposed project will benefit an underserved area, and may be a for-profit business enterprise (including a corporation, limited liability company, sole proprietor, cooperative or partnership), or a non-profit organization, including an institution of higher education. Underserved area is defined as a low- or moderate-income census tract, an area of below average supermarket density or an area having a supermarket customer base with more than 50% living in a low income census tract or other area demonstrated to have significant access limitations due to travel distance, as determined by TRF. In order to determine eligibility, the applicant must complete a Fresh Food Financing Initiative Ap.plication for Program Eligibility. B. Loan Purpose Loans from the program will fund costs associated with land acquisition, pre-development, construction or rehabilitation, equipment, inventory and other working capital needs, and interior fit-out Loans will be made in instances where conventional financial institutions either do not offer financing, or the conventional financing offered is insufficient or on terms which are a detriment to the feasibility of the supermarket. Supermarket operators and site developers will each be required to have cash equity at risk in addition to the financing offered in this program. Page 3 C. Application Process To apply for funding, the applicant must complete a Fresh Food Financing Initiative Application for Financing, The application is attached, and may also be found at ~:'-'':-,,!Ifutl(Lv.i1J) . See Section IV, Program Inquiries, for additional information. D. General Terms and Conditions 1. The maximum loan amount is subject to TRF's current lending exposure policies. 2. Interest Rates, Loan Fees and other costs - Loans will be made with fIxed rates tied to a margin over the applicable Treasury Note, or at variable rates tied to a margin over the Prime Rate as published in the Wall Street] oumal. 3. Loan Terms _ Loans for the development of a facility will have a term of up to 12 months. Amortizing loans ",111 have a term of up to 90 months. On a limited basis, amortizing loans may have a term of up to 120 months. 4. Collateral- Loans will be secured by a first priority lien on accounts, receivables, fIxtures and equipment, assignments of leases, and real property. On a limited basis, loans may be secured by a subordinate lien position. Collateral will be valued in excess of the Loan, and TRF may require that this valuation be confirmed by an acceptable appraisal report. 5. Cash-flow Projections _ Borrowers will provide TRF with operating projections which show suffIcient cash-flow to repay the Loan. 6. Real estate projects which have multi-tenant uses beyond a supermarket tenant may be eligible if: (1) the retail development intends to lease space to retailers of fresh foods (for example, fresh seafood retailer) not sold in limited assortment grocery stores; (2) the viability of the development site and proposed supermarket is contingent on ancillary non-food tenants and those non-food tenants do not represent more than 50% of the building ar~; or (3) the development project has been split into separate foot prints, allowing the grant or loan to focus only on the supermarket tenant portion. 7. Other: Loan funds used toward the payment of construction, renovations, demolition, infrastructure improvements, remediation, build-out, alteration, or installation of machinery and equipment ($25,000 and above) will not trigger applicability of the Pennsylvania Prevailing Wage Act to a project. E. Application Evaluation and Approval Process Applicants for financing will be evaluated and approved on a monthly basis while funds remain available in the loan pool. TRF will review each application to determine whether the proposed project is fmancially viable and demonstrates one or more of the following: 1. The project will have demonstrable impact on the economy or well-being of the neighborhood, community or region where the project is located. This impact must be measurable and the methodology for measurement must be described. 2. The project will result in a substantial increase in revenues for the state, the host municipality or the market region. 3. The project adheres to sound land use principles. 4. The project requires an investment of public funding to move forward, to create impact, or to be competitive with similar projects in the region. ::>. The project is working in conjunction with other programs promoting community development. 6. "\n eligible project will receive priority consideration if it demonstrates one or more of the following: A The project will positively impact economic conditions in a New Markets Tax Credit eligible census tract, defIned as any population census tract if: (i) The poverty rate for such tract is at least 20 percent, or (ii) In the case of a tract not located within a metropolitan area, the median family income for such tract does not exceed 80 percent of statewide median family income, or (Ui) in the case of a tract located within a metropolitan area, the median family income for such tract does not exceed 80 percent of the statewide median family income or the metropolitan area median family income. B. The project will positively impact economic conditions in an economically distressed census tract in the Commonwealth. An economically distressed census tract is defmed as a census tract where: (i) For Metropolitan .Areas a. Unemployment rate is greater than 1.5X national average, Page 4 b. Poverty rate is greater than 20%, c. Median family income is less than 80% of the area median income; and d. Population is greater than 1,500. (ii) For Non-Metropolitan Areas a. Unemployment rate is greater than 1.5X national average, b. Poverty rate is greater than 20%, c. Median family income is less than 80% of the statewide or national non-metropolitan median family income; and d. Population is greater than 500. Upon being satisfied that the proposed project is financially viable and the above requirements have been met, TRF may approve the application for a Loan. E. Loan Closing Upon approval of an application by TRF, a loan agreement and commitment letter will be issued to the applicant explaining the terms and conditions of the loan. The commitment letter must be signed and returned within 10 days of the date of the commitment letter or the offer may be withdrawn. Upon full execution of all closing documents, the loan will be disbursed. F. Reporting Requirements and Record Keeping and Nonperfonnance TRF will enter into a loan agreement with all borrowers. Loan proceeds are subject to audit by The Reinvestment Fund. Therefore, the borrower will agree that it will maintain complete financial records for all of its costs subject to its grant for a period of five (5) years after the execution of an agreement and will cooperate with the TRF in any audit requests. In addition, borrower will submit a Semi-Annual Report and supporting documents to TRF within 60 days of report period end date, with the exception of audited financial statements, which shall be submitted within 90 days of fiscal year-end. Any material nonperformance to the Loan Agreement by Borrower may result in exclusion of future loans or grant awards by TRF under the Fresh Food Financing or any af@iated programs. Section IV. PROGRAM INQUIRIES The Food Trust serves as the initial point of contact for program inquiries from across the state. For further information, contact: Tracey Giang, Program Coordinator, The Food Trost, 1201 Chestnut Street, 4th Floor, Philadelphia, PA 19107. Tel: (215) 568-0830 Extension 133. Email: tgiang@thefoodtrost.org GPUAC will work with TRF to encourage program participation by minorities, women and disadvantaged businesses. For further information, contact: Carlos Jones, Deputy Director, GPUAC, 1207 Chestnut Street, Suite 206, Philadelphia, PA 19107-4102. Tel: (215) 851-1824. Email: cjones@gpuac.org. Program inquiries can also be addressed directly to The Reinvestment Fund. For further information, contact: Tim Roseboro, Managing Director, Commercial Finance, The Reinvestment Fund, 718 Arch Street, Suite 300N, Philadelphia, PA 19106. Tel: 215.574.5859 (Direct). Emai1: tim.roseboro@trfund.com. Go to: WW\v. frrund.com for applications and program information. Appendix I: APPliCATION FOR EliGIBILITY Appendix II: APPLICATION FOR FINANCING Page 5 . ~ . . . . . . . . . . . . . . . . . . . . . . . . " . " . . . " . . " . . ' . . < . . . . . . .. ..... . , .. . ........................".. . PRESS RELEASE February 7, 2007 Contact: Sherry Johnson, Executive Director Community Caring Center of Boynton Beach, Inc. - www.cccbb.org 561-364-9501, Ext. 25 - Sherrvccc@aol.com FOR IMMEDIATE RELEASE WHAT: The 2007 Annual HUNGER WALK - "Creating a Healthier Community" is sponsored by j the Community Caring Center of Boynton Beach, Inc., on Sunday, March 18. Registration ~ begins at 3:00 PM with an aerobic warm-up at 3:30 PM at the Schoolhouse Children's Museum, ~ followed by a I-mile walk through Mangrove Walk at the Marina and returning to the ~ Schoolhouse Children's Museum. The event will include food vendors and local artisans, crafts ~ and face painting for the children, and exhibitors providing information on health, nutrition and ~ exercise. There will be live entertainment throughout the day, . The proceeds from the event directly benefit local residents who may not know where their next ~ meal will come from. : .:. Prizes for the top walker, top team, and top youth group will be presented after the walk. .:. Free "Hunger Walk" t-shirt for each person who obtains $100 or more in sponsorships. WHO: Everyone! Families, individuals, congregational members, organizations - anyone who wan' to help feed hungry people in Palm Beach County. .:. A recruiter packet is available for any individual, business, organization, or congregation ~ that would like to get a team of walkers to help fight hunger and really "make a ~ difference" in our community. . .:. Individuals who want to come out to support the CCC 2007 Hunger Walk can: participate. A contribution of $1 0 to $20 and two nonperishable food items is suggested. j WHERE: Schoolhouse Children's Museum, located at 129 East Ocean Blvd., Boynton Beach WHEN: Sunday, March 18 - Exhibitors, food, arts & crafts, and entertainment from 1 :00 PM to 6:00 ~ PM. Registration is a 3:00 PM & aerobic warm-up at 3:30 PM; the I-mile walk begins at 4:00 j PM WHY: A recent hunger survey indicates that children in Palm Beach County are three times more likely ~ than the national average to NOT know where their next meal will come from. BENEFITS: All of the funds raised at the CCC's 2007 Hunger Walk will benefit CCC's Food Pantry, ~ Holiday Cornucopia Program (Thanksgiving/Holiday Baskets), Nutrition Education Program, as j well as, provide direct financial assistance to families in crisis. 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Eo-<..... = Vl 5 E-<.-::l bh',p J:l '" cu cu t'I:l '- - z3a3cc~aecuoo~ac..cu8 < 8 :> 8 0'2 c.. -5 S:> .,g -;i 8 Q., 8<Cj~U gbcugj '.g"O ~Eo-<~ 8 '" 0.;3 ...... . '- -5 "0 t..o = "",. cu ..... U """ ;>. 0 .- 0 -_ t'I:l ~ ;>.. <<$ '" o .c<<l ..I<:>c...l::_'J:l '- a (l) u:l cu :9 "0 0::0 c.. c .- (; s:: "0 ~ "- ~:i go ~ a ~.5 ~ 8 r.E ;3: a a ::0 Community Caring Center of Boynton Beach, Inc. . . ,. . . . . . . . . . . . . . . . . . . . . . . . . : . FY 2005/01 Annual Repor_ ....0.00 " The Community Caring Center provided $384,526 in program services to clients. CCC serves 1,994 household, or 4,434 individuals, of which r ,638 are children living in poverty, Eighty-six percent (86%) of clients are from the greater area of Boynton Beach - Lantana & lake Worth to the north, Delray Beach to the south, and Federal Hwy. to the western range line. "Thank You" to the many foundations, the City of Boynton Beach & PBC HCD agencies that provided grants and the public suPPOrt that contributed towards this year's program Success. United Way of Palm Beach County tf?~~, ~.1 ~ACCESS ~.EW Sun-Sentinel '1- CHILDREN'S FUND l' f"ol'rl EJ"!(J.;::h,'TJ!"o:.;ur~' C,,::;,o';l * ~.,~, Get Connected. Get Answer:s. A special "Thank You" to the many volunteers that assisted us with our homeless outreach program, child nutrition education program, volunteer care giving, food pantry and SHARE programs and the agencies that provided funding and training assistance. ~, '0 donace or YOlunceer call: (561) JOt.50 I exc 25 or Yisic our websice @ www.cccbb.ors .......... .. "/,,,.':;\t~~;j::~~> '. T Table 01 Contents Fiscal Accountability Independent Auditor's Report prepared by Steven J. Corso, Certified Public Accountants Letter from the Executive Director Programmatic Accountability Highlights from our 4 impact areas · Children & Families · Emergency Food, Shelter & Financial Aid · Vulnerable Populations · Job Training & Economic Development Roster of Board Members To donate or volunteer call: (SOl) :JOf.OSO. ext n l:iIr VIS.t our webs.te a www,cccbb.Of!l ',:ji;;~i~;!~~':!;~:;, ..00..0. v Fiscal Accoun.altility Independent Auditor's Report The firm of Steven J. Corso, CPA prepared an audit as of June 30, 2006 in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Their opinion indicated that changes in net assets and the financial position of the Community Caring Center ended in conformity with generally accepted accounting principles. A copy of the IRS Tax form 990 and the audited financial statement is available as public documentation through the Internal Revenue Service and the Department of Agriculture, Division of Consumer Services. ",ii(;;'\;'l". ~;~Vd7"'';'~ :'r~~1~K.~g; &ncome: $31,884 in contributions & gifts · $117,600 in grants & contracts $26,339 from fundraising activities $6,760 from rental income $218,896 from in-kind food contributions $9,325 in St-IARE revenues a pass thru to Tam pa Affiliate $434 in interest The Community Caring Center of Boynton Beach, Inc, received $424, 149 in public support & revenues in this fiscal year and spent $4 I 1,238 in administrative I costs and program services. I ......'...'..',;.'.. '."...:':'.'.,..:".....'......,:.... ",...'."". 7>:<:;:'~.';5,:':<~;,':':,:',,:, ,,' /Expenses: .. $384,526 for program expenses for counseling, social, financial & health care II $14,45 1 for management and general operating expenses .. $12,911 in fund-raising expenses (I , i \! . . . . . . . . . 0 . 0 . . . . . T Dear Friends: In October 1987, CCC was incorporated. We will celebrate our "20th Anniversary" this coming October 2007. What an exciting time for all of us. Our success would not have been possible without your financial support & prayers, the tremendous dedication of the staff and board of directors, and the volunteers that give so lovingly of their time & talents. February 5th, 2007 is also the first anniversary of the death of our former board president, Mildred Berg, my friend and mentor. She is remembered with love & gratitude for her dedication & devotion to the Community Caring Center. I think she would be pleased to see the following new initiatives implemented this year to better serve our clients: ( ( I) The Department of Families & Children trained and contracted with CCC as a "Platinum" ACCESS community partner to provide on-line applications for food stamps, Medicaid, & prescription drug assistance; 2) United Way provided staff training to teach nutrition cooking, CCC is franchised by "La Cocina Alegre/The Happy Kitchen," a Sustainable Food Center in Austin, TX, to provide classes. It will be included in the Child Nutrition Education/Gardening program & CCC's "Healthier Community" initiatives; 3) CCC will participation in the 'Bed & Gaps" survey documenting area homeless as part of our partnership with PBC Homeless & Housing Alliance; 4) A strategic planning process was funded by a United Way Diversity Venture Fund grant for $4,000 to determine our niche in a transitional housing program; 5) The State of Florida Coalition of "Faith in Action" programs received a $75,000 grant to provide technical assistance to local FIA programs, like us; 6) A steering committee was established to start a non-profit, cooperative grocery store using im incubator setting; 7) Two scholarship funds were established for liturgical music major students: the "Mildred Berg Scholarship" for traditional vocalist & the "Robert Murtagh Scholarship" for Gospel vocalist; 8) Hurricane Recovery & Preparedness began, with the help of the City of Boynton Beach, a hurricane survey assessment & ribbon program to identify the most vulnerable. A town meeting & clergy breakfast was held to better coordinate an emergency disaster response. Sincerely, To donate or volunteer call: (561) J6f.t501 ext 2S or 'isit our website (a! www,cccbb.ors Page 6 ....... T Impact Area prosram HiShlishts I Children and Familip.~ I The Child Nutrition Program . was a wonderful success. Moise ':.' ,~~~,._.,~" (bottom row, far left) announced JJ"'~".I!-oliiiii.\f\l!l h b .. f h h ; """'~.!iD at t e eglnnlng 0 t e year e not going to eat fruits and veggies. Of course, to the amazement of the teachers & cook, "Spaghetti Squash" was a hit, His mother was presented a . spaghetti squash at graduation. CCC provides food, I Emergenry Food, Shelter & lFinandal Aid I financial aid and shelter to .,,"'~' 4,434 individuals, 90% _ 'i~'" percent of which earn less than 50% of median income. Affordable nutritional food is important to local residents: I ,026 depend on the CCC pantry for food. 1.63H childrcn live Incolllc & Ethnicit~.: The following was with single head of Nincty pcrccnt 90% provided in financial houschold parents: of c1icnts al'e helow aid to dicJlls: . 10% are being 50'1., of IIIcdian . $148,843 hunger raised by III COlli C. . $84,733 grandparents . 63% African- transportation \) 8% are being i American i . $30,508 utilities '! raised by . 22% Caucasian . $22,701 rent! disabled parents . 14% Hispanic mortgage e 8% are . $6,640 shelter h,.",.."...,o,loC'"e'" . 1% Other " , Impact Area Program Hishllshts Of the 792 individuals that requested financial aid, 55% have been debilitated as a result of health related issues. Nutrition related disease, bl d h d d d b k 28%. i.e. cancer 00 pressure, eart isease an ia etes. ma e up 0 Financial Aid & Community Health Comparisons Frall/8derly '''i:i~;~f){:'' . Injury/Surgery Dialysis Dlsabillt les ~ . Nut rlt Ion ReIst ed Diseases - ".."...-,-,". 28% ~ 10% :3 HIVI AIDS .Addlctlons Lungs .. , 2% .Ment ellllne.. 12% . Blind Vulnerable Population!> In October of 2005. Hurricane Wilma hit. It was a little further south than Frances and Jeanne's path in 2004. FEMA & Project Hope remembered our help the year before and we were quickly thrown into relocation and recovery assistance again. Our recovery and preparedness became much more intentional for the "Heart of Boynton" after witnessing the disaster in New Orleans with Hurricane Katrina. We contacted the City of Boynton Beach for help and Fire Chief Bingham helped design a ribbon program to go along with our survey to identify the most vulnerable if faced with a mandatory evacuation. 676 individuals depend on CCC for transportation. We held a clergy breakfast & town meeting to organize the community help us identify frail. elderly & at-risk populations: shut-ins. on breathing machines, oxygen, disabled, recent surgery, on medication requiring refrigeration. Many volunteers are needed so CCC can respond to disasters when they occur. Volunteers will need to complete a background check & CERTS training, provided by the City of Boynton Beach. in advance of a disaster to reassure frail/elderly concerned about safety when letting people into their homes, .. . .. . . . . Board of IHreceors Eugene Cericola, President Lillian Ostiguy, Vice President Janet Dixon, Secretary William Kelly, Treasurer Everlene Bakel" Michele Benner Chris Hemmingway Lois Horky II II II Martto Mattila Joyce Portnoy lula Roberts Eileen Schlechting Mary Whalen Art Wittman 145 NE 4th Avenue Boynton Beach, FL 33435 III ~~ Si~ ~ E~ ~ E~ -- 8~ = ~ ~S ~ =: .s ~ ;"~E ~ :i: ~ OJ)tU = ~t =:- =::'Sl:: -=:........;:: III l::l =: ='S~~ S:: "l::l __ ..., l::l ~ Il - ..., ~ ~ = ~.s~ = ~~ -... l::l ~ ~""II :i: CJ l:IJ ~ ~ .... .s~ U.t ~ U ;,G U~8 -. 1:: III ~ E2: a :: r..j .:: as' ~Cii= ~i;~~.~ .; .; .$ -;; ~ = Q = rIl N .- '0 -< ~'= -==-e-~ ::::~~ ~ ,.. ~.- Q \.0 ... - i; CJ Q ~~... ..~ o=.~-=f"') -=~=~x -~~~~ .s ,,; ~ .5 = ~Q'5'Etn =.s~o...: ~-~QI:: _o=CJQ .r!! '0 = ~ \.0 ~~o=c. == OJ ..... -- ,:. ~ = ~.e-.s '0=0'''' .;: .;; = ; '0 e - ~ e = c.~-=e~ . Q - '" ~ Q -= >. Q ... :is E-o ~.c CJ U ... 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C().s III c>l::llllt.s~oI:C~ ~"l::l~"!::~:::~~ ::g=:~~~""E :: ~....:i:=:llllll "::::~lll"llllll"::::=: lll~.;::::::"::::"'-:: ';:-_l::l-l::l::? ;'8~~~%~i ~:::::::llllll=:"l::llll ~l::l"tl'S:C;:::~~ ~.s.s...:~ ~{; ... "-:;~.....5"l::l.:::J! lll.. lll.... III ~ l::l- ~8~2.'S2.~~ to Q) ~ to ~ C to U =' $: -. Q) o c Q) So- ~ t.;.. .- o :::: ~ '" ~ . -> ~ E-4U ;~ zZ tn ~ r-il~ ~ 0: u= r<? '"'~ 1"Jo\ U ~ ~ ~ loll - :: '-'~='Ot'e~~... z......=~ '-''' ~r-l ~~;:gg'~:: =<~QN~= Z; ~~ ~ :: ~ u o'Ot''5~1Q ~'r;; > ~~IQ~e.c r..... E-* Z ~ ~ ~.: ; L"ztn--IQ~ - 'Ot'=lQtn:::1oo Z.......-Qtn'-';.= ~~ -;'-' ';:0 ~o >. ~ ~ - Q '" ~ - = = o~o -; U e ~ CCC's 2007 Hunger Walk Hunger Walker Envelope Walker(s) Name: Address E-mail State City Phone Zip Age( s) Team N arne/Congregation/ /SchooI/Organization ( 'o//ecr Ihc\!oney Ilhcn rou .\'ign lip 's)70nson\fuke Checks Pavable 10 ,he ('Oi\l/\fl.\!7T C1R/:VG CE:\TER (CCC; oIBo)'n/on Beach. Inc. Re/urn /he Fund\ in/his Em'elope {() YOllr ]{)()-:' JIunger IVa/k Recruiler u//he regis/ration table during the lime oj registrationf(yr the event. or make arrangements with .vour recruiter prior /0 the even!. 1. 2. , 3. , 4. 5. I I I 6. , , I 7. , I i I 8. I I 9. I I 10. 11. 12. I i 13. I , i 14. ! I 15. I 16. I I I , I ('nntrihution are lax deductihle as allowed b\ la\\ TOT AL $ STATEMENT OF CONCENT I understand the risks involved in participating in the CCC Hunger Walk and willingly and voluntarily accept these risks. I attest that I am physically fit and prepared for this event. I grant permission for the organizers to use photographs and/or images and quotations from me in accounts and promotions of this event. Plea"\.... fl~tllrn ;'lJl 2fH17 lllln~er \Valk r:rndl'pC\ U'lcd ilnd LJilu-';L'd. fll '-'ILll" RL"Cfllitl'r Recruiter's Name: Address: Signature(s) E-mail: Parent or guardian's signature if under 18 years of age: Phone: Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . March 18 . . . . . . . Community Caring Center . WHERE: WHEN: WHO: Schoolhouse Children's Museum COME JOIN us for The Community Cering Center's 2007 HUNGER WALK! 'Creeting e Heelthier Community' The 1-mile walk is being held in downtown Boynton Beach, starting at the Schoolhouse Children's Museum, located at 129 East Ocean Avenue adjacent to Kids Kingdom Playground. The walk continues through Mangrove Walk at the Marina and back. Directions to the Children's Schoolhouse Museum: south 1,4 mile of Boynton Beach Blvd. on Seacrest Blvd., then, 2 Blocks east on Ocean Avenue. Sunday, March 18 - 1 :00 PM to 6:00 PM - Local food vendors, entertainment. exhibitors, & artisans. Registration begins at 3:00 PM. Aerobic warm-up begins at 3:30 PM, and the walk begins at 4:00 PM. The event includes exhibitors providing information & demonstrations regarding exercise, good health, and nutrition. Everyone! Families, individuals, church members, organizations! Anyone who wants to help hungry people and to create awareness regarding hunger, nutrition, and social justice issues in our community can register to walk. You help raise money for CCC by putting together a team or obtaining individual sponsorships. Please call for a team/walker packet. You can walk for free. However, for individual walkers who would like to contribute, a $10 to $20 donation, and/or two nonperishable food items for the pantry is suggested (and would be very much welcomed and appreciated). BENEFITS: CCC will use the funds for its programs that are serving 4,494 clients - child nutrition education, nutrition cooking classes, emergency financial aid, and food pantry. CCC's hope is to bring awareness that children in Palm Beach County are three times higher than the national average to NOT know where their nexf meal will come from. CCC's pantry feeds 1,638 of those' children. For more information, call Sherry Johnson, Executive Director of the Community Caring Center of Boynton Beach, Inc., at (561) 364-9501, ext. 25. For information about participating as a vendor, artisan, or entertainer please contact: Sherry Johnson, Executive Director of the Community Caring Center of Boynton Beach, Inc., at (561) 364-9501, ext. 25. ~ I - , ~ ' I, " . ,~ . ,t ',14' 1 ';r 11 ' , I ,I' ,,( I' '- 2007 Hup~r Walk - "Creating,~ Healthier Community" , ,'\ - - ' I " ,1\ I The Dixie Six New Orleans-style Dixieland Ja:::: Trumpet, Clarinet, Trombone Piano, Bass, Drums... ...The classic line-up for your traditional Dixieland Jazz band. The Dixie Six is a band within the 16-piece Bob Roberts Society Orchestra. They are featured every Friday afternoon as part of the weekly Boynton Beach Civic Center dance... a dance put on by the City Parks and Recreation Department for an amazing 18 years now. All together Boynton Beach keeps the dancers jumpin' every week for about ten months out of the year. The Bob Roberts Society Orchestra started 1980 and has played at the Boynton Beach Civic Center since 1988. In 2003 retired and turned the baton over to Dick Reid, one of his trombone players. In time Dick followed the model of Jimmy Dorsey's band-within-a-band. -"The Clambake Seven", and formed the "Dixie Six". Ray Sacks plays trumpet and flugelhorn, Jimmy Hansen plays clarinet, sax and sings, Len Wolfson is on piano, Jim Smith on bass and the irrepressible Arnold Most plays the drums. The Dixie Six plays music that is light-hearted, fun and improvised... a cross-section of the history of Dixieland Jazz. They play high-spirited tunes like "When Those Saints Go Marching In''; down and dirty songs like "The Basin Street Blues" and fun stuff like making a ChaCha out of "Jada". They even play sweet songs and ballads. Variety is the spice of their musical life. f,^, ' _ ;i~_ ;._ ~I])W~I~il'l'llIU~&' ~~ V) .... ~ c Q.) t2 .... t-= 1!5 P-o Q.) ~ ~ P- ~ c 0 t22 f'f) "!) ~ c.{") l:J Q.) ~ f'f) - ~ 0 ~~ tr.l c '- 0 0. P- l:J .c E +-' ,.. ~ P- ~ Q.) U co ::>-. ~~~ ",p ~ ~ l:J ~ -0 C ro ,.. (t) I Q.) CO (.0 ~ E +' ~ Q.) <JJ (t) r (t) V) V) +-' Q.) N +' ~ (t) ~ co ....~~ ....:) V) (t) 3 ~ ~ u u .c ~ "~ S ~ <( 0 0 0 , O~W U .c -.J U 3 CAs- P- o~u .0- f:! .u V) 0 w Q.) ro ~..o N 0 0'\ N 22~ .c ~ (t) 0 ~ ~ wlJ..:. stu P- u N tr.l <( a::: w C> z :) J: a.. o I- en a.. ...J w J: 0 .... Q) C) ell ~ Q) > ell ell .jJ >. c Q) 0 co > :;:; en ~ ell :: ~ ~ c E en Q) co ~ 0 ~ ~ E Q) .... "- <i> C) c C) C ell C ~ ~ ~ 0 J: .... E :::: .... ~ 0 - ... co ,... c Q) (.) ~ ;z Q) ~ .~ ... (.) C) u Q) ~ ell ~ " .. ~ Q) Ul Q) ;z = Ul ~ = Q) E =:2 .. ~ E co .. .... 3 < < c :;:; x U .c ~ Q) Q) co ;.. ::;: 0 c t:: 0 Q) en ... ~ ~ co ;z ;z ~ ~ Q) 0. ~ on (.) .... ~ ~ :;; ..,. Q) - ell .... :;; ~ c Q) ell Q) 00 0 CO ~ ~ Q) tA. u E ~ r:: c ;: ~ ..... ... ell Q) ,... c.. 0 ;: .~ 0 0 0 .... ~ c Q) C) (.) ~.o .S ell ~I 0 Q) "C CO +' ~ 0 E "0 (.) ~ (.) cti co <( c.. I c c Q) ~ 32 :c: 0 on \C oe .., .;., .., ..,. :: .., .., :: ..l ::: "" -;; -= ~ 9 ~ .... .. .. -;;; .. ... .c ~ 0 .. = on ~ 0 M -= <;:; ... 0 ;;., .. - 0 - '" ~ <:> ;; on 0:- ..,. \C .., ~ - \C ~ V.ADMINISTRATIVE ITEM A. APPLICANTS ELIGIBLE FOR APPOINTMENT 03/05/07 LAST NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPUCATION SUBMITTED Aikens Willie L. Community Redev. 6/20/06 Agency Board Buchanan James (Buck) Community Redev. 7/10/06 Aqency Board Burgess Alan Arts Commission 1/19/07 Collins Susan Sr. Advisory Board 1/19/07 Hillery, Jr. Edward G. Planning and 11/15/06 Development Bd. Wolf Halena Arts Commission 1/24/07 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\.L [x. - CITY MANAGER'S REPORT ITEM A 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 Citv Clerk's Office 0 December 5,2006 0 January 2, 2007 0 January 16,2007 0 February 13,2007 November 20,2006 (Noon.) 0 December 18, 2006 (Noon) [8J March 5, 2007 January 2, 2007 (Noon) 0 March 20, 2007 January 22, 2007 0 April 3, 2007 February 12,2007 (Noollb -....J -" March 5, 2007 (Noon) rrt CO N March 19,2007 (Noon)- J:> :x n " --! :::;-< -<0 "j -" "-OJ ,-qo ;!;~ vi --i Cl Oz ::;Jen -fTl C"'),l> fTlC"') :r NATURE OF AGENDA ITEM o o o o o Announcem entslPresentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing [8J o o o o City Manager's Report New Business - - u o Legal Unfinished Business RECOMMENDATION: Accept report from the Development Department providing survey feedback and additional analysis of the option for adding Saturday hours for the Building Division. EXPLANATION: At the request ofa member of the City Commissim, the Department of Development has surveyed the City's residents and property owners and researched permit history to gage receptivity and demand for Owner/Builders to support addition of Saturday operating hours for the Building division. Out ofa total of 34,487 surveys, there were 1,299 responses, for a response rate of only 3.8%. Of these 1,299 responses, 697 or approximately 53% indicated that they would take advantage of Saturday hours. PROGRAM IMPACT: Should Commission determine there is value and demand to opening the Building division for the purpose of issuing limited OwnerIBuilder permits on Saturdays, staffwll need to prepare appropriate funding requests for either the current or next fiscal year, depending on direction. FISCAL IMPACT: Depending on the alternative chosen, there may be costs involved with facility usage, consulting services, and/or staff overtime. ALTERNATIVES: Not to allow report. ~p~ u~ , City Manager's Signature Assistant to City Manager Department of Development City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC VI.-CONSENT AGENDA ITEM B.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 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) [gJ March 5, 2007 February 12, 2007 (Noon) 0 January 16, 2007 January 2,2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19, 2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gJ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: A motion to award "TWO-YEAR AGREEMENT FOR SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS & RESTORATION", Bid# 027-2821-07/JA to LINE-TEC, INC., of Boynton Beach, Florida, for an estimated annual expenditure of $350,000.00 CONTRACT PERIOD: MARCH 06, 2007 TO MARCH 05, 2009. This is a two (2) year agreement with a provision for one (1) additional one-year renewal at the same terms, conditions, prices, subject to vendor acceptance, satisfactory performance and determination that renewal is in the best interest of the City. EXPLANATION: On January 17, 2007, Procurement Services opened and tabulated two (2) proposals for the above mentioned bid. Both proposals were reviewed and it was determined that Line-Tee, Inc., of Boynton Beach, Florida is the lowest, most responsive, responsible bidder who meets all specifications. Line-Tech, Inc., has satisfactorily performed work for the City of Boynton Beach, Broward County, Palm Beach County and other local utilities. Kofi Boateng, Utilities Director, concurs with this award (see attached memo #07-08). PROGRAM IMP ACT: The purpose of this bid is to provide a two (2) year agreement for the supply and installation of water service connections related to the 2" galvanized water main replacement program to include taps; service connections; placement of meter boxes; valves; service lines and restoration; along with relocation of water services, meters, and mains from rear easements to front yards at various locations within the City of Boynton Beach Utility service area. This bid is also used by the Parks Department to supply water connections for various irrigation needs. FISCAL IMPACT: The cost to replace a typical 80-foot domestic service is $350.00 and includes abandonment of the rear easement services. ACCOUNT NUMBER: #403-5000-590-96-02 ESTIMATED ANNUAL EXPENDITURE: 350,000.00 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: There are no alternatives for this bid. These projects are expected to continue for several years and are part of our attempt to improve water volume, increase fire protection, improve water quality and provide better access to water lines and meters. ... / f~m City Manager's Signatur City Attorney / Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC MEMORANDUM UTILITIES # 07 - 08 To: Bobby Jenkins Assistant Finance Director Kofi Boateng, P.E. vi \ Utilities Director 1:\1 ,"" -'~ January 19, 2007 c-~ From: ( ~. / \ . / ._--=:;? '- " i..ff _'--"_ ).- ~.~.-y\ J i L \..' ,'~. - "~~.-:--.-- t.> ,-. - ~, -""',. I' /.-.~ I I Date: Subject: Recommendation for Award Bid #027-2821-07/JA - Two -Year Contract for Supply and Installation of Water Service Connections and Restoration Agenda Item The water system has over 2,000 rear easement water services and several hundred galvanized water service lines that need replacement and/or relocation. These projects are expected to continue for several years and are part of our attempt to improve water volume, increase fire protection, improve water quality and provide better access to water lines and meters. We have been replacing approximately 250 of these lines per year. On January 17, 2007, a total of three (3) bids were received, one was a no bid. Two (2) bids were open for unit pricing for this work. Line Tec is a local contractor that has satisfactorily performed work for the City of Boynton Beach, Broward County, Palm Beach County and other local utilities. After reviewing the line items and comparing the bid prices, Line Tec is the apparent low bidder based on a typical water service reconnection. The cost to replace a typical 80-foot domestic service is $350.00 and includes abandonment of the rear easement services. We estimate an annual expenditure of $350,000.00 for these needs. Funding for this task is available from several sources dependent on the specific task assigned. The majority of work will be charged to the Renewal and Replacement account and Utility General Reserve #403-5000-590-96-02. Please present this request to the Commission for their approval recommending Line Tec as the most responsive, responsible bid. This is a two-year contract for unit pricing for the supply and installation of the water service connections and restoration including all items specified. If additional information is needed you may contact Les Sarkkinen directly at extension 6476. KB/hs Attachment: cc: Kofi Boateng Les Sarkkinen f:j , / 1~'~~~dS~.~~_OY ? 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OJ OJ CD -- - 000 ::t:I:OO O"'tl""U Nmm ~zz NZZ ~G)G) ~-iO 0-)> ~S::-i t-mm )> Nt- w)> Oz "'tiC , )> ~;;o -< :::;;)>roo ~9.g~ ':< ~ <' ..., w CD (I) en ...,0._ ro 0 _. a ~~33 CD...,(I)_ ~c/),<~ C"C/)w(l) '<Cen< ..., C" 0 ('I) .s!!. 3 _ :J CD;::;:_o. (")-::::rO CD~(OCi3 a. _. w w:JC"~ C/) ..., 0 ('I) _CD<o. W C/) CD -"0 ::::r CD. 0 ~ CD - :J (') ..., en CD CD CD <' :J o S' ~ - co ('I) =:0._ en w ::::r C/) CD CD o w 0 o' :J 2- ;::;: a. '< w :=: 0 :=:3=1: o CD :J CD ..., C/) -'" -..J '" o o -..J 8~ ZO z, moo( (")m =I)> 0;;0 z(") enO Qoz ;;o-f m~ en(") d-f ~CS ::j;;o O-f z::I: m en c: "'1J "'1J r- oo( )> z c - z en ~ r- r- ~ o z o 'TI ~ -f m ;;0 en m ;;0 S (") m 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): DECEMBER 5, 2006 Bid Title: Bid Number: Bid Received By: TWO - YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION 027-2821-07/JA JANUARY 17,2007, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: JANUARY 17, 2007, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time, All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. L . ~,--:- Name of Vendor: t Y\.J 7: . - {E'....c.... ~ 11 (~ (y 5 - O<6Lfll? ~ l ~\ l) r ~J ,(\. Telephone Number: '"3 '/ ~ - 1 ~ q ~ I~--;- 9r~T Federal I.D. Number: A Corporation of the State of: Area Code: S& \ Mailing Address: City/State/Zip: Vendor Mailing Date: s~- \ 9-\b ~O'1 J^\-~ liY'- 'b<:, JJI~/{)'1 t r::- c. "' / ! 33~3S E:-l (~l'~IN Name Typed IS THIS PAGE TO BE SUBMITTED ALONG WITH YKOYOSAL TO BE CONSIDERED COMPLETE AND ACCEPT ABLE PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA FOR TWO - YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION Date: I (\ ~J ~01J ~ To All Bidders: The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of: ITEM ITEM DESCRIPTION UNIT OF UNIT PRlCE NO. MEASURE I Furnish and install water servIce Each connection from City installed meter to '300*00 house valve (gate valve) Size I" 2 Furnish and install 1" schedule 40 PVC Linear foot water pipe and sod restoration over 3,00 trench 3 Installation of I" meter box and lid Installation per unit :3 O~ 00 4 Installation of 2" meter box and lid Installation per unit 3 5- 00 5 Furnish and install two inch corporation Installation! materials '-\ ',5.00 stop and saddlelless than 4' in depth per unit 6 Installation and price, per foot, of 2" Installation: ,. DO service line with PVC casing Price per foot: \ '1 . lJO 7 Price to terminate/abandon existing Labor per unit water service \ OQ. 0--0 Items 8-11 will be used lIS unit pricing for 6" DIP water lines to enhance execution of this proiect 8 Furnish and install 6" gate valve with Installation/material s box per unit L"150. ~ 9 Installation and price, per foot, of 6" Installation: i.OO DIP water main installed with fittings Price per foot: Y 'S ' 00 10 Installation of fire hydrant assembly Installation only with 6" gate valve complete } ~OO- 0-0 J 16 TIllS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE 11 Installation of sam Ie oints Installation only . {yO 12a *Installation of tapping sleeves and SEE NOTE * valves/non- aved area 12b *Installation of tapping sleeves and SEE NOTE * valves/ aved area ~ .00 13 14 Items 1-12b will be used as bid evaluation. Items 12-20 will be used as seconda evaluation criteria. 15 Additional cost for hand di . n trench Linear foot Additional cost for restoration of Square foot halt driveways Additional cost for restoration of Square foot concrete driveways/sidewalk HourI labor rate HourI rate for trencher, if needed Hourly rate for backhoe, if needed Hourly rate for boring machine, if needed Mark up on wholesale cost for Percent Markup additional vegetative restoration (if required), based on invoice provided by vendor indicatin wholesale cost: . )0 5. SO 16 17 18 19 Per hour Per hour Per hour Per hour 00.00 20 ~O/~ *To include all labor and appurtenances normally associated with water mam replacement programs. Two prices should be provided: (12a) installation in non-paved area, and (12b) installation in paved area. Both prices should include restoration to "as found" or better condition. ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the product/service will be completed/delivered within ~ calendar days from the date of the Purchase Order from the City. l ~a<J YesINo ~t1A1 es/N 0 Number of Bid Proposals submitted Original and two copies submitted Evidence of possession of required licenses Specification "check-off' sheets (pages 3-5) Submitted: ~Oo ~ 17 TillS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Anti-Kickback Mfidavit Submitted Confirmation of Minority Owned Business Submitted Drug Free Workplace Submitted ~"\I\ ~ -'"~L..~ -r:n. L- COMPANY NAME ~t, ) 3 7~ --q~ q~ TELEPHONE NUMBER C OL 0 5 { \ 0 5 Florida Contractor's License Number ~e~o ~c~ Ys/No ~ It es/N 0 s,~ stt$~~ , PRINTED NAME ~ f<-~id-e/hr TITLE 18 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT ST A TE 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 subscribed before me -/_ f.h ~ this I If' - day of j C(.M (;l {t{ '-I ...... , ,20 0'7 Printed Information: ~:Tf' E-ll <; LA ro--rrt-L NAME ~~"'5;, \.J~ r--T TITLE ~ L \ ~ ~ -::JZc -:r::1 '-- COMPANY 4-:f.;~-'~~~ j~1~7 LOu VVllsCil ;,i,lj;':' ~Commission #DD432278 1?l...Y~,Hxpires: MAY 22 2009 ';.~ OF f\.~~ ' ~;'l""" WWW.AARONNOTARY.com "OFFICIAL NOTARY SEAL" STAMP 19 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE 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. () AMERICAN INDIAN () ASIAN () BLACK ( ) HISPANIC () WOMEN (~ OTHER s V\f'....- ~ \' ; (' . ~u 'S \ V"\. "'-.os "S c _ V'- ~ \rt>y. /"~..e ~~trz..t\ CounT,) (specify) { 'Y{J t '^'"' 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 -PbC- S f~A\ \ \ bU$ \~6YS .4~'I~~~ ~( it ,.J..~, J.L'7J'-t' Dat of Certific.{tion I 20 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CON~ID~UD comrLErn A1iD .t\CCEfT tillLE 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 t the above requirements. 21 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CON~IDJl:IaD COmTLETE AffD ACC]1jtTIlDLIi Contact Bid #027-2821-07/JA Date: January 17,2007 Alternate Bid ItelllS City of Boynton Beach Water Service Contract, Additional services available in association with this Contract. Item Description Unit Price #21. Furnish and install 1" corporation stop and saddle less than 4' in depth. $275.00 #22. Installation of 4" C900 PVC price per foot with fittings $31.50 #23. Installation of 6" C900 PVC price per foot with fittings $38.50 #24. Installation of 8" C900 PVC price per foot with fittings $45.50 #25. Replacement of fire hydrant (only) with materials using existing valve $2500.00 #26. Installation price per foot of 2" P.E. service line wlo casing for short side $15.50 #27. Installation price per foot of 1" P.E. service line w/o casing for short side $13.00 #28. Installation price per foot of 1" P .E. service line with casing for long side $15.00 #29. Installation of 1" ball meter, yoke bar and tail piece $125.00 #29. Installation of 1 1/2" or 2" ball meter and meter connection $250.00 #30. Installation of2" resetter (labor only) $350.00 #31. Installation of 2" blow off assembly $325.00 #32. Installation of 2" RS gate valve and saddle complete with valve box $550.00 #33. Installation of 4" Gate Valve with box $550.00 #34. Installation of 8" Gate Valve with box $750.00 #35. Installation of2" backflow preventer $625.00 #36. Installation of 1" backflow pre venter $325.00 Item Description #37. Installation of MXU on existing TR meter (plug unit only) #38. Installation of 5/8" water meter #39. Installation of 1" water meter #40. Installation of 1.5" water meter #41. Installation of 2" water meter #42. Furnish and install 1 1;4" SCH 40 PVC water service pipe #43. Furnish and install 1 Yz" SCH 40 PVC water service pipe #41. Furnish and install 2" SCH 40 PVC water service pipe #42. Reconnect to existing sprinkler connection at house #43. Sod restoration for water main projects price per SF #44. Pass through on materials not covered under line items Unit Price $10.00 $22.00 $28.00 $150.00 $175.00 $ 4.25 $ 5.00 $ 6.25 $ 75.00 $ 1.00 Cost plus 20% r-l r- \D o o N r-l \D o \D o ...:I ~ o w (J) Z o H E-i ~ ....:I ::>t:l ~~ p:fO 111 ....:I ~C!l ZZ OH Hu.l u.lZ < CIlIi:l C filU ~H a::: 0....:1 p:f o A1:>t ...J p:: ~ ~~ o w CIl~ t- CIlH < ~Z t- HO CJ) CIlH ::>E-i I11U ::> ~p:f OE-i CIl ~6 ~u E-i p:: ~ fll fil t:l 1--- , " J en LC) ~:~J ,---j (f) C"J '**" Cl <t: p:f ~ o U CIl ~ Z o 0"1 H 00 E-i qt U) ~ ~ o U .woo M:><: 0.,0 t"'- Ii:l m 0 ll) ~N o ~ U U t:l .. ::> :>t rz:I 4-l M UE-iHOl""l H~ HHOOC!l N H E-i s:: l:J NE-ip:fO~ qt ::> Ii:l or; t"'- Uoo.. o ~ or; Q) 00 tIl:> .w o HOm U) 0 J.l '0 o p:f ~ p" C!lO s:l U)p:fnQ)O o fil Q) ~ or; o S..Q.w~ NS'OI-l~ N Q) Q)-r; r-i ~ ~'g ~ w E-i Z p' riI o riI CIl Z I:iI U H H ~ E-i E-i o E-i U CIllI: u.lU U ZE-i~ .. 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(il ~ ::> =~O::.o:: ~ co O~; c 0 ~ ::l l- ,~ o -a U ~ ..r:: <:J OJ <lJ ~ E -; llo.. .. o -; .t: '" ~ 'c 5i 's ; ~ S ~-g C oe: ;:l o U o ;; ;:; .~ .~ E '0 OJ ..r: G ;,;... ro - ,- c: [; ::s '0 o " U > ~ = c. '" o / "'~.// The City of Boynton Beach __, ~'H n,", .... (( ~ -- r -, . ":",- r F:;...: . - -~>';'< - ' Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 FAX: (561) 742-6316 REQUEST FOR BID FOR TWO - YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION BID # 027-2821-07/JA Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: JANUARY 17.2007. No Later Than 2:30 P.M. (Local Time). Bids will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated All bids received will be publicly opened and read aloud. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that a bid can be considered. The City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid and no award has been made. Any questions relative to any item(s) or portion of this bid should be directed to Janet Allen, Buyer, (561) 742-6322. The following language IS made a part of and is to be included In the specifications hereto attached: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on item(s) submitted. The City shall be the sole judge concerning the merits of the bid submitted. SCOPE OF BID: The purpose of this bid is to provide a two (2) year contract for the supply and installation of water service connections related to the 2" galvanized water main replacement program to include taps; service connections; placement of meter boxes; valves; service lines and restoration; along with relocation of water services, meters, and mains from rear easements to front yards at various locations within the City of Boynton Beach Utility's service area. Contact: City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 (561) 742-6322-Janet Allen Office Hours: MONDAY - FRIDAY, 8:00 A.M. TO 5:00 P.M. 2 SPECIFICA TIONS FOR TWO - YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION This specification is for the two (2) year supply and installation of water service connections and service lines, to include water taps and restoration related to the 2" galvanized water main replacement program; relocation of rear easements to front yards; and replacement of existing water mains and service connections utilizing published Utility Department Standards of Construction from the mains through the meter box and Standard Plumbing Code from the meter box through the building connection at various locations within the City of Boynton Beach Utility's service area, Boynton Beach, Florida. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (pages 3-5) with the proposal sheet in order for a bid to be considered. One set of original and two sets of copies ofproposaI. 'x. The unit bid price for house water service connections at the new City installed meter and house valve includes the 1" gate valve at the house connection and sod restorations specific to each house ~ This price will be for all labor and materials necessary to perform the installation in accordance with the Standard Plumbing Code, City of Boynton Beach Codes and Ordinances, and includes all work not paid for under separate item L Also included in the unit bid price for water service connection and restoration will be the cost for all permits outside the City of Boynton Beach. These permits will be obtained by the Contractor. The City of Boynton Beach requires one permit drawn for each installation within the City, and these fees will be waived. The Contractor shall provide all information required for the permit application. The requirement for individual site plan is waived in lieu of the typical installation site plan which you will provide with your permit application submittal )( All new water services will be connected at the same point of connection at the existing house valve or service point X' Quantities estimated at 350 services per year are provided for estimating purposes only. Payment will be based on actual installed quantities 3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE L x x X- X. X- A 12 foot wide temporary easement, the center of which coincides with the relocated water service, will be secured by the City for the purpose of this installation. The Contractor will confine his activity to within these limits The Contractor's entry onto the property for the purpose of this installation, will be reported to the City Utility inspector 48 hours prior to such entry The Contractor will provide 48 hours notice to the homeowner by door hanger stating the Contractor's intention to begin work. Information contained on the hanger will include as a mmrmum: Contractor's Name Name of Contractor's Representative Date of Entry Date, Time and Duration of Interruption of Water Service All work related to each installation including restoration, will be completed within ten (10) calendar days of the date of entry onto any property The Contractor's liability insurance will be in effect for all work related to this contract The Contractor is to submit one (1) original and two (2) copies of their bid L The Contractor will not store material or equipment on any of the temporary easements. Equipment and material storage within the right of way shall be with the approval of the Utility Department inspector and at the risk of the Contractor. No material will be stored in front of any residence L All trenches will provide a minimum of 12 inches cover and be a maximum of 8 inches wide and will be hand dug or performed using trenchless methodologies. No other equipment will be allowed in the yards. Any request by the property owner to either the City or Contractor that the trenches be hand dug will be honored and a walk behind trencher will not be allowed on any private properties x X' Contractor will provide a one (1) year warranty for all work and materials related to the water service connection, service line and restoration A daily project inspection by the City Utility will be made and all customers will be connected to the new water service before the Contractor's quitting time THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 y.. The Contractor will respond to all emergency requests within one (1) hour and non- emergencies within 24 hours. A contact phone number available 24 hOUTS a day 7 days per week must be provided X Contractor will prepare a listing of items and quantities from the proposal page on a per property basis 'x X X' X This listing will be presented to the Utility Department inspector and mutually agreed upon prior to any work commencing Bid proposal prices are valid for two (2) years with the possibility of an extension of one (1) additional year, pending mutual agreement The Contractor agrees to commence work within seven (7) calendar days after receipt of order and will complete the work within ten (10) days per individual property The Contractor must have an Underground Utility License TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 1i,,-rYOl:- .. .....'.'" :'" . ". :. .~ .,'. . . .~ ... .. '1 'ill.... .. l:r o. ... . iiJ ~~<~~. :t'o N ~ VI.-CONSENT AGENDA ITEM C.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 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) l:8J March 5, 2007 February 12, 2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 13, 2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM l:8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the City of Boynton Beach to enter into a five-year service and support agreement with TelVue Virtual Television Networks (TVTN) to remotely organize, update and maintain the city's public access television station at no cost to the city for the first two (2) years of the contract. After the first two years, the city will have the option to renew the contract on a yearly basis but in no case would the cost to the city exceed $500 per month. EXPLANATION: TVTN is a network of municipally owned and operated Public, Educational and Government (PEG) cable television channels. TVTN provides municipalities with access to equipment, expertise and supplementary content that augments, but does not replace locally produced programming. TVTN also aggregates these channels; making it easier to attract corporate sponsorship funds by providing a single point of negotiation, distribution and invoicing. TVTN services are provided to municipalities free of charge in exchange for allowing TVTN to broker the network to corporate and local sponsors. TVTN account representatives will work with city staff to gather video, photos and copy. Their designers use that material to create full motion video station !D's, various screen templates with photo backgrounds, and professional voice narration within a unique customized program wheel designed specifically for our channel. PROGRAM IMP ACT: In an era when corporate consolidation is threatening media localism and advertising clutter is eroding effectiveness, TVTN provides a truly local, clutter free television medium that benefits all parties. FISCAL IMPACT: (Include Account Number where funds will come from) The cost for the TelVue TVTN service to Boynton Beach is $12,000 in development cost and $500 per month maintenance cost. During the first two years of the contract, there is no fee to Boynton Beach as TelVue will obtain local business sponsors to offset these costs. At the end of the two years, the city will have the option to renew the contract on a yearly basis, and the sponsors will continue to offset the costs to the city. If there are not sufficient sponsors, the city can either assume the monthly maintenance (or partial maintenance) costs, but in no case would the cost to the city exceed $500 per month. The city is not responsible for the $12,000 development cost. Should the city not wish to assume the monthly maintenance cost, we can cancel the service without penalty with a 90 day notification. ALTERNATIVES: Do not enter into this service and support agreement. Purchase the necessary equipment to produce full motion video station !D's, screen templates, photo backgrounds, and professional voice narration. This equipment will cost approximately $45,000. City staff could approach sponsors on an individual basis, S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM "7-........,_~~ ~t4t/ City anager's SIgnature //.... .... ..,...... ",-." . , {c":" ; ~,,;. 0-" b '"-, /'.ex~, ( ...---- Peter Wallace, Director Information Technology Services Assistant to City Manager ~ Department Name City Attorney / Finance S.\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC 27 28 1 2 3 4 ! 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. R07 - 021 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FIVE-YEAR ACCESS CHANNEL SERVICE AND SUPPORT AGREEMENT WITH TELVUE CORPORATION TO REMOTELY ORGANIZE, UPDATE AND MAINTAIN THE CITY'S PUBLIC ACCESS TELEVISION STATION AT NO COST TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TelVue (TVTN) is a network of municipally owned and operated 15 Public, Educational and Government cable television channels which provides municipalities 16 with access to equipment, expertise and supplementary content that augments, but does not 17 replace locally produced programming; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined that it 19 is in the best interests of the residents of the City to approve and execute an Access Channel 20 Service and Support Agreement with TelVue Corporation to remotely organize, update and 21 maintain the City's public access television station at no cost to the City for the first two years. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 24 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission ofthe City of Boynton Beach, Florida, hereby 29 authorizes and directs the City Manager to execute a five -year Access Channel Service and 30 Support Agreement with TelVue Corporation to remotely organize, update and maintain the S:\CA \RESOlAgreements\ T elVue .doc 1 City's public access television station at no cost to the City for the first two years, a copy of 2 said Agreement is attached hereto as Exhibit "A". 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of March, 2007. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Mack McCray 20 21 22 Commissioner - Carl McKoy 23 ATTEST: 24 25 26 Janet Prainito, City Clerk 27 28 (City Seal) 29 S :\CA \RE SOlAgreements\ T elVue .doc UVTN- TelVue Virtual Television Networks ACCESS CHANNEL SERVICE AND SUPPORT AGREEMENT (Sponsorship) f:: ){ , iT ~07- 0;>'1 This Access Channel Service and Support Agreement (Sponsorship) ("Agreement") is made and entered into as of the __ day of _, 20_, by and between TelVue Corporation, a Delaware corporation with its principal place of business at 16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 ("TeIVue"), and City of Boynton Beach, a FL municipality or school district, with its principal place of administration located at 100 East Boynton Beach Blvd., Boynton Beach, FL 33435 ("Customer"). WHEREAS, A. TelVue has developed a proprietary system (the "System", as further defined herein) to assist municipalities, school districts and others in remotely organizing, updating and maintaining the content of their cable television access channel(s); and B. Customer desires to have TelVue supply the System and its TelVue Virtual Television Network Service (together, the "Services"), and TelVue desires to supply the Services to Customer at no charge to Customer for an initial two (2)-year period; and C. TelVue and Customer believe that the costs of the Services may be supplied to TelVue through sponsorships ("Sponsorships") by third party sponsors (each, a "Sponsor") to be carried on customer's access channel(s) as part of the Services. NOW, THEREFORE, in consideration of the premises set forth above and the mutual covenants contained herein, and intending to be legally bound hereby, TelVue and Customer agree as follows: 1) Pro\lisioQ ot$eryi~~3', a) There shall be no charge by TelVue to Customer for the Services for the first two (2) years of this Agreement. Thereafter, a charge for the Services may be made, but only if TelVue determines that revenues from SponsorshIps are insufficient to cover its normal charges for the Services, and Customer agrees to pay for the Services, all as more fully provided hereafter in this Agreement. b) During the term hereof, Customer shall have a license to use the Services solely in connection with the designated access channel(s) ("License"). The Services will remain at all times the property of TelVue, and nothing herein shall be deemed to grant to Customer any right, title or interest in or to the Services, or any portion thereof, other that the License. e) Customer may not give, sell, lease, assign copy, sublicense or otherwise transfer, in whole or in part, this Agreement, the License, the Services, other TelVue-provided materials, or any licenses or rights granted hereunder, except as approved by TelVue in writing. 2) l:JJ~tQrn~r Obliililtions. a) Customer shall provide TelVue with access to Customer's technical personnel, facilities, systems, databases and information as necessary or appropriate for TelVue to perform its obligations under this Agreement. b) Customer shall appoint a Coordinator to act as liaison between Customer and TelVue. If there is equipment to be located at the Customer location, Customer shall provide and maintain a suitable installation site for such equipment, and shall provide all necessary electrical, cable and modem connections to such location(s). Except as otherwise expressly provided herein, Customer and its users shall have sole responsibility for acquiring and maintaining their own technology environment, including without limitation PC's, laptops, operating systems, servers, Internet access, local area networks and wide area networks (collectively, the "Customer Environment') Customer hereby represents and warrants to TelVue that the Customer Environment will meet or exceed the minimum requirements for same set forth on Exhibit C hereto. Except as otherwise provided herein, Customer shall be responsible for making any necessary modifications to the Customer Environment, including without limitation all firewalls, proxy servers and other hardware and software, necessary to access or use the System. c) The License granted hereunder is for the object code version of the Software ane TelVue-Provided Content only. Customer has no rights to the source code for the Software or the TelVue-Provided Content. Customer shall not, and shall not permit anyone under Customer's direction or control to, reverse engineer, disassemble, de-compile or remove any identifying mark of TelVue or its Licensors from the Software or the TelVue-Provided Content or 16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 , 10nll Tel -1.800.885.TVTN ( 8886) Fax-1.856.866.7411 www.tvtn.tv attempt to do so. Customer may not modify, adapt, translate or create derivative works of the Software or the TelVue-Provided Content without TelVue's express written consent. The System is licensed as a single product. The Software and the TelVue-Provided Content may be used only in conjunction with the System. d) Customer shall be solely responsible for all content supplied by Customer. Customer represents and warrants to TelVue that such content will not violate or infringe any COPYright, patent trademark, trade secret, confidentiality or other proprietary right of any third part. e) Customer hereby represents and warrants to TelVue as follows: (i) Customer has the full power and authority to make, execute, deliver and perform thiS Agreement, and such execution, delivery and performance have been duly authorized by all necessary action on the part of Customer; (ii) the execution, delivery and performance of thiS Agreement by Customer does not contravene or conflict with, or constitute a breach of, any agreement to which Customer is a party. 3) TJC3d~!Dar~ClQ(:L~LJ2tgm~rJ~gDlentli.~~n~~. Customer hereby grants TelVue a license to use and modify content supplied by Customer as necessary or appropriate in performing the Services hereunder and/or in marketing and advertising materials describing the Services. 4) II1l.J)l~D1en@Jio n..L\{ill\d~.-l>.dd_~~L9Dc:J Adc:JitiQDC3I';;~.l\lic;~~. a) In connection with establishing connectivity to the System, TelVue shall provide Customer the implementation, installation, training and other services set forth on Exhibit D hereto (collectively, the "Implementation Services") b) From time-lo-time during the term hereof, Customer may desire to have TelVue perform certain additional services ("Additional Services"). TelVue shall perform such Additional Services as agreed in writing by the parties subject to the terms and conditions hereof. 5) $uppoR~iE!c{K&S. During the term of this Agreement, TelVue will furnish Customer support services in connection with the Software (the "Support Services") in accordance with TelVue's then-current support policies and procedures. Any services requested by Customer and provided by TelVue outside the scope of the Support Services shall be billable on a time and materials basis at TelVue's then-current rates. 6) ~p()Q.s.9!~bip, SE!_r\li~~s. a)TelVue shall have the exclusive rights to sell Sponsorships to be carried on the access channel(s) that carries the Services Sponsorships shall be strictly limited to those Sponsors that qualify under the guidelines of the Public Broadcasting stations as shown on Exhibit G. All fees paid for the Sponsorships shall be paid to TelVue Customer shall not invoice for or collect Sponsorship fees, and shall promptly (but in any event within five (5) days after receipt) remit to TelVue any Sponsorship fees received by Customer. b) From time to time a Corporate Sponsor may conduct or support a local event and may Wish to notify the public about these events. Customer agrees to approve and air such announcements 7) T~!rrL aJl~:LT~r:rl1iD,aJi()r1, a) The initial term of this Agreement shall be for five (5) years commencing on the launch date of the Service (the "Initial Term"). Thereafter upon the written agreement of both parties, this Agreement may be renewed Tor additional one (1) year terms ( "Renewal Term") Each renewal must be made within 90 days of the expiration of the then current term. b) Notwithstanding, this Agreement may be terminated as follows i) The intent of the parties is that the Services will be provided with no charge to Customer and supported by Sponsorship revenues received by TelVue and no charge shall be made to Customer for the Services for the first two (2) years of this Agreement. However, if at any tirne after the first two (2) years of this Agreement TelVue determines that Sponsorship revenue is insufficient to cover its normal charge for the Services supplied Customer. TelVue may, by ninety (90)-days' prior written notice, provide Customer with the option of paying fees specified by TelVue for continuation of the Services or terminate the Agreement. Failure of Customer to respond to the option within the ninety (90)-day period shall be deemed to be an election by Customer to continue the Agreement and pay the specified fees for the Services ii) By either party. In the event of a material breach hereof by the other party, which ~xeach remains uncurerl thirty (30) days after written notice thereof is given to the breaching party; or iii) By TelVue, in whole or in part, immediately if TelVue ceases providing the Services to its customers generally. 'fiQQP Horizon Way, Suite 500, Mt Laurel, NJ 08054 Tel - 1800885TVTN (8886) Fax- 1.856.866.7411 wwwtvtn.tv 8) E'lQprielar:Lfiights; Q.Qnfiden1iality. a) As between TelVue and Customer, TelVue and its Licensors shall own all right, title and interest (including without limitation all Proprietary Rights) in and to the System and the TelVue-Provided Content and all components, reproductions, modifications or derivative works thereof, in whole or in part. b) Customer acknowledges and agrees that the Software shall constitute Confidential Information of TelVue for all purposes hereof. Confidential Information shall not include any information which (i) is or becomes available to the public other than as the consequence of a breach of any obligation of confidentiality; (ii) is actually known to or in the possession of Recipient without any limitation on use or disclosure prior to receipt from Disclosing Party' (iii) is rightfully received from a third party in possession of such information who is not under obligation to the Disclosing Party not to disclose the information; or (iv) is independently developed by Recipient without access to the Confidential Information; or (v) is required by customer to be made known by statute, courts or other legal regulation.. 9) l-imited Warranty" a)TelVue will use commercially reasonable efforts to correct any error or defect in the Services (each, an "Error"), provided that Customer timely reports such Error to TelVue in writing and assists TelVue in documenting or replicating such Error. In the event that TelVue determines that any reported Error was not caused by the Services, but was the result of a cause within Customer's control, TelVue shall be entitled to reimbursement from Customer for time and materials expended by TelVue in identifying and rectifying such Error. b) TelVue does not warrant that operation of the Services shall be uninterrupted or error free or that TelVue will be able to correct all Errors. To the extent that data is being transmitted over the Internet hereunder, Customer acknowledges that TelVue has no control over the functioning of the Internet and TelVue makes no representations or warranties of any kind regarding the performance of the Internet. TelVue has no responsibility for the accuracy, appropriateness, continuity or availability of TelVue-Provided Content. 10)1DJj~mDlfication. TelVue shall defend, indemnify and hold Customer harmless from and against any and all claims (including any claim or action brought by Customer's cable television operator), liabilities, damages, demands, penalties and expenses (including, without limitation, court costs and attorneys' fees) arising out of or in connection with (a) access to and/or use of the System by TelVue or the TelVue-Provided Content, including Sponsorships, (b) any claim that the System infringes on the Proprietary Rights of any Third Party, or (c) any breach by TelVue of any representation, warranty or covenant of TelVue hereunder. Customer shall, to the same extent, defend, indemnify, and hOld TelVue harmless from any use of the System by Customer. 11 )Ml.scellaneous. This Agreement is made under and shall be governed by construed in accordance with the laws of the States of New Jersey. IN WITNESS WHEREOF, the parties hereto have, by their duly authorized representatives, executed this Agreement as of the date first above-written. TELVUE CORPORATION ("TeIVue"): CITY OF BOYNTON BEACH ("Customer"): By: By: Title: Title: Date: Date: I,FPROVED (_s:: ~-c CITY AITORNEY 1pQ9,0 Horizon Way, Suite SOD, Mt. Laurel, NJ 08054 Tel - 1800.885.TVTN (8886) Fax- 1.856.866.7411 www.tvtn.tv Exhihit List: A. Channel B. Hardware and Software C. Minimum Requirements of Customer Environment D. Implementation Services E. Value-Added Services F. Fees G. TVTN Sponsorship Guidelines HiqQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885NTN ( 8886) Fax, 1.856.866.7411 WWW.tvtn.tv . Channel Number: · Access Type: Government . Cable Operator: Adelphia · Exclusive or (shared with): Shared E:Xbit?Lt 6 Cbc3n o.eJ Agreement by and between TelVue Corporation and City of Boynton Beach dated January 8, 2007. 1fiQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN (8886) Fax- 1856.866.7411 www.Mn.tv Exhibit~ Hardware and Software lliQo n so rsJljJ::LMoQ~12 . Switching Hardware will be installed on the feed to the Cable Operator for recognizing the switching between the TVTN Feed and alternate sources of video. so that Sponsor Acknowledgment verification can be performed. . Equipment capable of "playing proprietary multi-media program screens and digital video movies, as well as receive text messages from remote locations and display those messages. . Information Screens (screens that contain programming codes that will display a multi-media presentation that can contain: Photographic backgrounds, foreground photographic images. text, animations, voice-over narration, short digital video clips.) . Design and production of video screen templates comprised of photographic background, logos and text. Some containing voice over announcements describing their contents. . Remote access capability for updating text message pages using TVTN's proprietary Internet based WEBUSR system. Users can post text community announcements or trusted users can generate emergency announcements. . Local emergency screens and related WEBUSR connectivity. . School emergency closing screens and related WEB US" connectivity. . Weather screens that can be updated remotely from a weather service to be provided as part of the monthly support program. . Local traffic conditions screen that can be updated from local traffic cameras (if the data is available in your area). . Store and archive video (MPEG) on the TVTN Media Player. . Contain a program wheel. . Scans of photographs for production of templates and program wheel. . Fu II motion video based statIon breaks and channel IDs. . Audio library of screen setups and generic ani1ouncements. . Firewall device for installation on High-Speed Internet access connection. Agreement by and between TelVue Corporation and City ()f Boynton Beach dated January 8, 2007.. 16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885TVTN ( 8886) Fax- 1.856.866.7411 WWW.tvtntv Exhibit C Minimum Requirements When Installed at Customer's Location Site Preparation: · Secure, adequate desktop or equipment rack space (minimum 4 U), in an environmentally controlled space, to accommodate the TVTN Media Player within 100 feet of the Cable Operator supplied Channel Modulator. · Uninterruptible AC power source to accommodate up to a quantity of 4, 115 volt-20 amp receptacles · An operational High-Speed Internet Access connection (minimum 768K down, 128K up or better), with an IP address, and open access to the Internet so that TelVue may install its Firewall/VPN equipment. · Calibrated Video Signal for each channel(s) supplied from the serving Cable Operator's Channel Modulator. · Customer extends a coax cable connection from the Channel Modulator, and a Category 5, 5e or 6 network connection from a High-Speed Access demarcation, each not to exceed 100 feet, and each to terminate where the TVTN supplied Media Player will be located. · Minimum of one WEBUSR capable desktop or laptop. · A site survey conducted by TVTN personnel or their agents may determine that more minimum requirements may be required, based on the customer's facility. Implementation Phase: · Access to and support from technically proficient individuals familiar with the Cable Operator Channei Modulator connectivity and the customer managed WAN and LAN connectivity during the Implementation Phase. · Minimum of one customer-designated individual for the on-site training and WEBUSR testing. Agreement by and between TelVue Corporation and City of Boynton Beach dated January 8, 2007. 1RQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN (8886) Fax- 1.856.866.7411 www.tvtn.tv Exhibit D ---~-_._-- -- Implement~!l~o$ervice~ TelVue shall implement within days of the execution of this agreement or by_____ _ 20__ _' whichever IS later. complete system capable of activation on the customer's Cable Access Channel, and includes the following features . Installation and use of the hardware and software for the designated contract. . Setup of content for the initial program wheel. . Scans of up to twenty five (25) photographs provided by Customer for production of templates and program wheel. . Record up to twenty five (25) generic Audio Announcement Library messages. . Develop up to four (4) category Templates for WEBUSR Screens. . Create up to tenfour category Bumper Screens with Audio. . Create up to four (4) local Emergency Alert Templates with "Instant Insertion". . Setup of school closing screens four (4) with "Instant Insertion". . Production of up to two (2) full motion video hased station hreak channel ID. From video provided by Customer. . Setup of a series of Weather screens that can he updated remotely from a weather service to he provided as part of the monthly support program. . Setup of local traffic condition screen that can be updated from FLDOT (if the data is availa from them). . Setup for one administrator and up to twenty (20l users (either "trusted" or ., moderated" in any comhination Customer selects). Users can post text community announcements or trustee! users can generate emergency announcements. . Development of Network Content Templates. Agreement by and between TelVue' Corporation and City of B\,ynton Beach dated January 8, 2007. 11WPO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411 wwwtvtn.tv Exhibit E Value-added Services During the term of this agreement, TelVue will provide to the customer in consideration for the monthly support fee: Monthly Services Include: · Use of the TVTN Media Player. · Maintenance and repair of all TVTN provided equipment and software at Installed location. · Emergency equipment replacement or repair. · Twenty-four hour, seven-days a week remote monitoring of TVTN equipment with the ability to diagnose hardware and software problems, repair them and reboot the player. · Distribution and scheduling management of up to two hundred (200) total channel screens. · Capability to display up to twenty (20) High Production Screens · Delivery of TVTN formatted information and programming from third party governmental and educational sources. · Licensing and server support for five (5) WEBUSR users (remote access). · Production of up to four (4) "highly produced" screens (Photos, video clips, headlines, animations, graphics and audio voiceover) for special events. from materials and copy provided by Customer, or Superuser status. TVTN superuser status allows a user to create [heir own High Production Screens. · As needed Program Wheel Screen Position adjustments. · Up to included Video to MPEG Conversion (:30 seconds per conversion). · Weather forecasting licensing service to run on the weather screen. · Real Time Traffic (if available). · TVTN County, State & Federal Network (if available). · PSA-Public Service Announcements. Agreement by and between TelVue Corporation and City of Boynton Beach jated January 8, 2007. 1R~0 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.1VTN ( 8886) Fax- 1.856.866.7411 www.tvtn.tv Start-Up Charge: S12,000.OO Monthly Service Fee: S 500.00 Billing Infonnation Address: Attention: Purchase Order or File #: Exhibit F ----~-- .-- Fees (First two years waived under Sponsorship Plan) []Quarterly Billing or DAnnual Billing Agreement by and between TelVue Corporation and City of Boynton Beach dated .T anuary 8, 2007. 1,EiQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1800.8851VTN ( 8886) Fax - 1.856866.7411 www.tvtn.tv Exhibit G TVTN Sponsorship Guidelines In order to meet non-commercial requirements TVTN has set out guidelines that are followed Public Broadcasting Stations: Sponsorship Acknowledgment Guidelines (PBS-Iike): Permissible: Name ofproduct(s) and/or service(s) I. Up to : 15 seconds of acknowledgement 2. Name ofproduct(s) and/or service(s) 3. Company location 4. Number of years in business 5. E-mail address or website (preferably visually depicted) 6. Telephone number 7. Non-promotional, value-neutral descriptions of products or services 8. Use of well-known mottos or slogans that are non-promotional in nature o Signature music or appropriate sound effects as a means of enhancing visual and voice-over that are non-promotional in nature N on- Permissible: I. Overt promotion of products or services 2. Price reference 3. Call to action or inducement to buy 4. Comparative or qualitative descriptions of products or services 5. Third-party reviews (from newspapers, magazines, etc.) Standards and Practices: Sponsorships will not be accepted from the following: I. Liquor stores or bars or other establishments whose primary business is the sale of alcohol. (Restaurants that serve alcohol excluded, provided alcohol is not mentioned in the acknowledgement). 2. Any manufacturer or distributor of beer, alcohol or tobacco. 3. Any entity that promotes the use or sale of illegal drugs or drug paraphernalia. 4. Adult bookstores, adult movie houses and video dealers or strip clubs or any other entity that provides aduit oriented content or products by mail-order or through the internet. 5. Political parties, lobbying groups, political action committees or cause based organizations. 6. Direct Broadcast Satellite services or competitive media. 7. Any illegal or off shore gambling entity or entity that provides infonnation that enables or can be associated with illegal gambling. 8. Manufacturers or sellers of firearms, ammunition, gun repairs, accessories, targets, stUll guns, tear or pepper gas dispensers, and rifle and pistol ranges. Retailers who sell other products not fireann related can be sponsors provided they do not promote firearnl related products (for example, department stores and sporting goods stores). 1RQQO Horizon Way, Suite 500, Mt Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax- 1.856.866.7411 www.tvtn.tv VI.-CONSENT AGENDA ITEM B.l 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 December 5, 2006 D January 2, 2007 D January 16, 2007 D February 13,2007 November 20,2006 (Noon.) D December 18,2006 (Noon) ~ March 5, 2007 January 2, 2007 (Noon) D March 20, 2007 January 22, 2007 D April 3, 2007 o C) rJ--l :::--< ~, '::) r'.....' OJ ,=> -" r"11 February 12, 2007 (Noonf'J (....) .....< March 5, 2007 (Noon) ""0 v.;-..-j o ~:.:: -r-, ::J .-: f'1 ()~> 1'1(") :::l: March 19,2007 (Noon) (." N ~N NATURE OF AGENDA ITEM D AnnouncementslPresentations D Administrative ~ Consent Agenda D Code Compliance & Legal Settlements D Public Hearing D City Manager's Report D New Business D Legal D UnfInished Business D RECOMMENDATION: A motion to approve the emergency repair work performed by Chaz Equipment Engineering Contractor of Wellington, Florida in the amount of $23,108.75 to repair and rehabilitate a wet well at Lift Station #516 which was sinking; and Uretek ICR LLC of Lakeland, Florida in the amount of $18,385.50 for soil stabilization work at the site, for a total of $41,494.25. EXPLANATION: On Friday, December 22, 2006, Wastewater Pumping Stations staff discovered during a maintenance inspection, the wet well at Lift Station #516 was sinking. They identified cracks in the concrete deck portion, as well as shifting and leaning of the control rack. Further investigation discovered leaks in the wet well's concrete walls. The infiltration in the wet well caused a sinkhole around the station and the earth had become unstable. After staff met with Chaz Equipment it was recommended that we proceed immediately with chemical grouting around the outside of the walls of the wet well. This would slow the infiltration so the leaks could be repaired from the inside of the wet well. The next step was to pump a cementitious grout outside the wet well at the base of the structure to stabilize the earth and support the structure from further movement. The Utility Department used Uretek ICR LLC of Lakeland, Florida for the soil stabilization work. Once the ground was stable and leaks had been repaired, the final process of SewperCoating the structure was applied. This final process restored the wet well's overall structural integrity and prevented any future leaks. The emergency work performed by Chaz Equipment Engineering was procured by piggy-backing the City of Delray Beach Bid# 2002-37. Three (3) quotes were obtained for the soil stabilization work, with Uretek being selected as the lowest responsive quote. PROGRAM IMP ACT: The repair pr,ocess needed to start immediately to reduce further risks or even complete failure of the structure. Such failures have resulted in replacement of the wet well. FISCAL IMPACT: The urgency saved us spending in excess of $250,000.00 in replacement costs, thus justifying the emergency repairs. Account#: 403-5000-590.96-04 SWR 011 C: Pete Mazzella - Deputy Director of Utilities Michael Low Deputy Director of Utilities File CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Lift Station #516 located in the Sandalwood community near North Congress Ave. & Miner Rd. was sinking therefore, the only alternative was to repair such. Department Name City Attorney! Finance C: Pete Mazzella - Deputy Director of Utilities Michael Low Deputy Director of Utilities File Memorandum Utilities # 07- 17 RECEIVED FEB n i~ 2n'l7 - IV vVl From: Bobby Jenkins Assistant Finance DirectojJJ Kofi Boateng, PE V /\t<'. , ~__ Utility Director ~. . ~~---1 February 1, 2007 Piggy-Back Delray Beach Bid #2002-37 "Manhole Interior Rehab" Uretek ICR LLC "Soil Stabilization" To: ~Ho~ Date: Subject: Agenda Item I Emergency Repairs to Lift Station #516 On Friday December 22, 2006, Wastewater Pumping Stations staff discovered during a maintenance inspection, the wet well at Lift Station #516 was sinking. Lift station #516 is located in the Sandalwood community near north Congress Ave. and Miner Rd. They identified cracks in the concrete deck portion, as well as shifting and leaning of the control rack. Further investigation discovered leaks in the wet well's concrete walls. The infiltration in the wet well caused a sinkhole around the station and the earth had become unstable. The Lift Station was placed on bypass until repairs were completed. A call was made to Chaz Equipment Engineering Contractors of Wellington, Florida. Chaz Equipment has worked with the City on many occasions repairing and rehabilitating manholes, wet wells and piping. After City staff met with Chaz Equipment, it was recommended that we proceed immediately with chemical grouting around the outside of the walls of the wet well. This would slow the infiltration so that the leaks could be repaired from the inside of the wet well. The next step was to pump a cementitious grout outside the wet well at the base of the structure to stabilize the earth and support the structure from further movement. The Utility Department used Uretek ICR LLC of Lakeland, Florida for the soil stabilization work. Uretek was the most responsive and cost effective proposal of the three proposals submitted. Once the ground was stable and leaks had been repaired, the final process of SewperCoating the structure was applied. This final process restored the wet well's overall structural integrity and prevented any future leaks. This repair process needed to start immediately to reduce further risks or even complete failure of the structure. Such failures have resulted in replacement of the wet well. The urgency saved us spending in excess of $250,000.00 in replacement costs, thus justifying the emergency repairs. Attached is Chaz Equipment's proposal of $23,108.75, based upon a copy of the Delray Beach bid, Uretek ICR LLC's proposal of $18,385.50; a map of the lift station location and pictures. The cost of the repair project is $41,494.25 Funding is available in account # 403-5000-590.96-04 SWR 011. Please present these two items at the next City Commission meeting for their approval. If you have any questions contact me at ext. 6401 or Tony Lombardi at ext. 6421. TL/kb Attachments Xc: Pete Mazzella Michael Low Tony Lombardi Barb Conboy Dan Spooner George Peck File ~pler, Carol ":rom: ant: fo: Cc: Subject: Mazzella, Pete Thursday, February 08, 2007 2:38 PM Doppler, Carol; Low, Michael Jenkins, Bobby RE: Agenda Item Request for Emergency Repairs to Lift Station #516 Carol The first item in the Chaz quote mentions Sewpercoat, which is the trademark name for the cementitious material specified in the Delray bid. You will note that the unit price per square foot is the same as that listed in the Delray bid for lift stations. The last item on the Chaz bid was for grouting by a specialty subcontractor. This work was essential to controlling the inflow of groundwater, and the subsequent repair of the station. Due to the nature of the emergency repair, we had to proceed quickly to avoid additional damage. Regarding Uretek's selection, they were the lowest responsive quote. Southwest Pressure Grouting did not furnish sufficient information for us to perform a technical evaluation of what they were proposing. We therefore could not accept their quote as fully responsive. Michael is in a meeting until later this afternoon, so I took the liberty of responding, in hopes that we can stay on the March 5 agenda, and get the contractor paid in a timely manner. I hope you will consider my explanation favorably, and be able to accommodate our request. Sincerely. Pe,te,1" tI. ;tfazze,11a Deputy Director of Utilities ity of Boynton Beach 561-742-6404 Fax 561-742-6298 From: Doppler, Carol Sent: Thursday, February 08,2007 1:16 PM To: Low, Michael Cc: Mazzella, Pete; Jenkins, Bobby Subject: Agenda Item Request for Emergency Repairs to Lift Station #516 Michael: After reviewing the referenced item I found some discrepancies in the pricing : You will note on the Proposal from Chaz Equipment, the first and last item are not on their proposal that they submitted to the City of Delray Beach. I would not normally be too concerned but these items total $16,587.75 which is like 2/3 of the job. Please explain. The company that was selected for soil stabilization was Uretek ICR, LLC for $18,385.50 and yet Southwest Pressure Grouting, Inc. Quoted $15,200.00. Please explain. Unfortunately this will not make the March 5, 2007 agenda as the deadline is Monday the 12th. Thank you. Carol Doppler, CPPB ;enior Buyer ity of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 561-742-6323 1 .E.2fpler, Carol From: Sent: To: Cc: Subject: Doppler, Carol Thursday, February 08, 2007 1: 16 PM Low, Michael Mazzella, Pete; Jenkins, Bobby Agenda Item Request for Emergency Repairs to Lift Station #516 Michael: After reviewing the referenced item I found some discrepancies in the pricing : You will note on the Proposal from Chaz Equipment, the first and last item are not on their proposal that they submitted to the City of Delray Beach. I would not normally be too concerned but these items total $16,587.75 which is like 2/3 of the job. Please explain. The company that was selected for soil stabilization was Uretek ICR, LLC for $18,385.50 and yet Southwest Pressure Grouting, Inc. Quoted $15,200.00. Please explain. Unfortunately this will not make the March 5, 2007 agenda as the deadline is Monday the 12th. Thank you. Carol Doppler, CPPB Senior Buyer City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 561-742-6323 1 ... .. ":;--~'j-""'~~~~~riC'=-~'~~""_c',-- 3^V SS~~~N Q) -l!! "! co F'- " .f: +-I C Q) E c.. :J rr W N ro ..c U +-I U Q) .~ o s.... c.. <0 ~ L!) =t:t: c o .- +-I ro +-I en ~ ....J z.~ :t CITY OF BOYNTON BEACH UTILITIES DEPARTMENT LOCATION REQUEST FORM Sunshine State One Call 1-800-432-4770 DATE:_l' ,I .O"l BEGIN WORK DATE: A9i.p TICKET#:O\ IlmcDq EMERGENCY(iyN 48 HOURS: REQUESTED BY: ILX\'-{ GOOD UNTIL: d' Ie 0 CALLED IN BY: M.l(,~~ .H..Q UPDATE BY: ~. IY SPOKE WITH: - PROPERTY ADDRESS: LS 5U~ S(lf\c10\LuUexJ -b~l- SUBDIVISION: \ ~ CROSSING INTERSECTION: ~ CJ++onl.Doc::d l"-v TYPE OF WORK: LOCATION DESCRIPTION: } CD' U('OUfld ( '-"' DURATION OF JOB: 3 dOLfS [HEAVYEQUIP:WORNO] DIGGING DEPTH: ~~ AREA WHITE LINED: YES OR@ DIRECTIONAL DRILLING: YES O~ WORK SHOULD NOT COMMENCE WITHOUT PROPER CLEARANCE NEED CLEARANCE FROM: y. ,,/ MEMBERS WHO WILL BE NOTIFIED CLEAR/MARKED DATE BELLSOUTHI CLS ADELPHIA FPL FPU/GAS PALM BEACH TRAFFIC SPRINT MCI WORLD COMM WILLIAMS TELECOMM QWEST COMM EPIK COMM ;. CITY OF BOYNTON PROGRESS TELECOMM/CLS XSPEDIS PALM BEACH WATER FPL PB FPL SUBAQUEOUS FPL DIGITAL NETWORK OTHER y 1.1~. I .) . -.L0:W:.l {\ PLEASE GIVE DIRECTLY TO FRONT DESK CLERK location request form 2003Updated 1/17/2007 tt!:l ..... v 11 V~... r C!~~~c!~o~I'IIJI i 3180 Ftir1ane Fanns Road, Suite 1 Welll~on. Florida 33414 Tel: (58/1) 339-2109 Fax: (561) 333-2180 LIFT STATION REHABILIT A TrON PRCJ)POSAL CIty of Boynton Beacl'l Mr. Tony Lamtwtrdi 124 EIISt Woolbright Road BgyrltDn Seedl, Florida 33435 JanUlNy 8. 2007 (561) 742-6421 (581) 742-62f18 I PIea&e I'8VIew this proposal for !he ~illtation cf Lift SIation ~16 using SewperCoat and Other related wartt Items; TrIll propoI8' and II In IICCOrdence WIth "p1ggy-bec:kh1ct our CItv fII D.e... ........... ConhcII ROo2~ I lift 8bItIon No. 511: Lcx:ation; Sandalwood Drive D1menlJoIll: Co/lecIlon Wet Well Chamber - 8' dlemeter X 2" deep; Sewpercoet 803 sq. fl. S18.00Isf: Remove ....ng COIItinga 603 '.r. . S7/"t Recanstrud 8' diamelBr fillet @ $12OO1ea: (X2) ReIna.." 8ldsting S" pump base .. S5S0Jea: , Repeir n'l8jor inlillr8tion (E$timal8 - 10 be lin8Iized onca W8lW8" is c1e.ned & 1nIpecIed: $10,854_00 $4,221.00 $1.200.00 $1.100.00 ,..S7...5OO.oo $24.875.00 Total Propcijsal EstIm8I8: $24.87s.oo 1 ~-~~ C _~ l aB-. ~ Project Utnlger P8ae 1 of1 SII'/".lllC'alTlil 19j ~)I.)'::::/ 1.)1.).;: C!~~gC~~O~I'1111 I 3180 F.irlane Farms Road, Suite 1 I I Wellington, Aorida 33414 Tel: (56\1) 333-2109 Fax: ($61) 333-2180 INVOICE City of Boynton B88ch Fln8ncl81 SelvIcee Depat'lrnenl P.O, Box 310 BoynIan Beach, Florida 330425 Inyolce 107-114 .Hinu.ry 28. 2.007 PkNlM remit tow8rd1 thlllnvok:e for IIIOf1t compleI8d on reh8bllltltlng LIft $bation lJ516 u~ the Delray Besch Contract 12002-37; This work ..,. aulhorlzed and compIe1Bd under the guidance and authortxatIon r:I the City Of! Boynlgn ~- Lift station !aJ1I; Location: Sandalwood Drive Dlmenalons: CoIedIon Wet Wet Chamber ~ 8' diameter X 21' deep; Sewpert:08t 803 sq. ft. . $18.00I1f: . I Remove existing C08lings B03 d.@f7fd'/" ReconeU'Uct S' d...".. tlIIet. $12OO1ea: .. ( ,/ (X2) R.il'll!llan exi8ting 6" pump b8ee @ $550/e8: RepaIr mBjor infilntion (RocIdlne lMIbcontl'8Cled - not in contract): $10,854.00 $4,221.00 $1,200.00 $1,100.00 $5;733.75 . $23,108.75 r- TcDll,..ce Amount: $23,111.7151 .._-~ ~ BlBd MIIIIr PTVjIIcI MIIn8ger Pllp1C1'11 SEw-.QlCoIr.~ v II r(..1 (..VVI VV. ("l- I nl\ """0 l~h..hJ(" ruv vlr""L Lb/U.L' II'LI' 1 UU .Ll'u ~ VV(..I VVL .1i=N-FI"28l!17 15:51 FROM: TO:1SiS133321se P.2 p' .', , ROCKLlNE VAC SYSTEMS. INC. 2580 S.W. 32nd. StreBt . Ft. Lauderdale, Fl. 33312 DATE 1./ a/07 INVOice tII 31541. BILl. TO . . CHAZ EQUIPMi:NT J1BO Fairlane. Farms Roaa Sui te #1: . Welii~gtpn,Ft ~3414 o. . "1' '. P.o. NO. TERMS Net 30 , . :QTY' . .. DESCRIPTION RATE . AMOUNT ~ , : STATION iIIS16 LIFT SanClalwood n.r. , Cit.y Of Boynton Beach , 114/07 & 1/5/07 , . 6.25Hr ' Seal leaks in lift station 185.00 $1,156.25 1/4/07 . . J , . 1 . Hr Travel 165.00' 185.00 11_"J.z;\r~ Grout Use'(! 14.50 2,610.00 5.5 H:r Seal lea.ks in lift station 195.00 1,017.50 1/5/07 1 . Hr. Travel 165.00 1 as. 00- 40 GAL Grout Used . . 14.50 580.00 . , , . Total $5,73J.7$ Thank you for y,our, bu.ln.... ' .. FROM :CHAZ EQUIPMENT CO., INC. FAX NO. :5513332180 Aug. 29 2005 02:12PM P2 [ITY DF DELRAY BEACH .r,:, 'I... ;. "i I " ~ Ll[~1 ,RAY DEACH, I'LORIDA 3:;4;1~ SO 1 /:24c\- 7001l DElRAY BEACH ...., All-America City , , III! 100 N.W. bl AVFNLJl= July 12, 2006 19(n ~onl Gary C7.ajkowsk.i~ President Chaz EquipllJ.ent Co. Inc. 3460 Fairlane Road, Suite #8 Welli11gton, Florida. 33414 REF: Bid #2002-37 Sanitary Sewer Manhole Interior Rehab Annual Contract, 4th Year Renewal Dear Mr. Czajkowski; Our City Manager, on July 05, 2006 ha~ approved thc one (1) year renewal with your company for the above referenced sul~iect. Term. of the contract will be frnm October 01, 2006 to S~pt.ember 30. 2007. Hem(s) shall be ordered via individual purchase orders and/or blanket order releases on an "as need~d basis" for the contract term . We would like to thank. you for your good service and interest in the City of Delray Beach. If you have any questjons, you may reach me.~t (561) 243-7163. Sincerely, ~~~~Pif~ .J acklyn Rooney purchasing Manager ~ CI~: J oseph Safford~ce Director Victor Majtenyi, Deputy Director Public Works Richard 1 lasko, Director of Environmelltal Services Scott Solomon, Manager Water & Sewer Network rl-....~ ~.;.:"..;;-:-rC.;"'.:-;::::=~-;,:.-;.':-:;:.::" .1- ;' ~." '! ; " '. JUL 1 S 2006 \....:.0..:.1. .;.....,1 :. "__ . ,..____.. . .._~'M_ @) PrinlG:d 011 n""yd/ild Pill"'" THL. EFFORT ALWAY~) MATTER~.3 FROM :CHAZ EQUIPMENT CO., INC. FAX NO. :5613332180 Aug. 29 2006 02:13PM P3 CITY DF DELRRY "EAtH ,~ DELRAY BEACH .~ AII.Amlirlca City " III~ 100 N.W. '1 ~i AVLNUF IJEl.HAY BEACH, Fl.Ol.\IrJA 33'IA4 t:,61/~~'1:~..70QO June 26, 2006 rt:~. ~;:=:': :-=1:.:':;: . ';~-'.: ':' ..' .. :,,~:,:'- I i JW; 2 8 ?OOtl I !'.:rll' "-, 1_.. _....___.~.___._.....__.....,. 1~93 2001 Gary Cutikowski, President Chaz Equipment Co,Inc. 3460 Fairlane Farms Road, Suite #8 Wellington, Florida 33414 REF: Bid #2002-37 Sanitary Sewer Manhole Interior Rehah AnnuaJ Contract, 4nd Year Renewal Dear Mr. Czajkowski; The annual contract for the above referenced Hid e)(.pires on September 09, 2006. Per page #5, Section 20 "Renewal" of the Genera.l Conditions of this bid package: "The City Manager may renew the contract, at the same terms, conditions, and prices for four (4) consecutive tenns of one (1) year subject to vendor(s) acceptance, satisfactory performanco and deter,mination that renewal will be in the best interest of the City". Please advise if thilil extension of your contract at prices quoted in your original Bid dated August 27, 2002 would be acceptable. Respond by signing below and returning one original copy to my attentjon~ Jaeklyn Rooney, Purcha.~jng . Division, City of Del ray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444. Sincerely. c;,-e.A~r~. K07Jvui.~)~ / Jacklyn Rooney, Purchasing Ma~ager /' .r;::.bY . ( t~ the DDe (1) year extcn,iOD Df tho 'Dbject Bid to provide a one (1) year extension of the subject Bid _~..;) C; - Q~, Date ,,- , s~;~rc /'l~.' , (-;/1.. ,~!'(nr~J-5,4( Name (p t) cc: Joseph Saffo~ance Director .. @ r'I:/)h~('! (WIn R~cyc.;,'r.J(~ r';lt)I~' THC Et-:F()RT ALWAYS f\.,~ATTrn'::, :;[I1Y DF DELAAY BERtH ,~ DELRAY BEACH .,., All-America City ltllt! 100 fl Ii. "; s\ f\VEI',JU E DELR/\'( BEf\CH, FLOP.IDp, 33444 56ii2il3-7000 July 15, 2005 1993 2001 Gary Czajkowski, President Chaz Eql.lipment Co. Inc. 3460 Fairlane Farms Road, Suite #8 Wellington, Florida 33414 r R.EC T~~T~IEIJ IB;UL 2 0 Z005 . _..J '... ,,~,"':.<.';" "., '~..~.I' .,;,.. .......". ....;...,~.'....oIf2,'...'. ..~,.. ,.' RE: Bid #2002-37 Sanitary Sewer Manhole Interior Rehab Annual Contract - 3rd Year Renewal Dear Mr. Czajkowksi; Our City Manager, on July 14, 2005, approved the one year renewal with your company for the annual contract for Sanitary Sewer Manhole Interior Rehab. Tenn of the contract will be from October 01,2005 to September 30,2006. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract tel1.n. Please forward to my attention, an updated certificate of insurance,_ naming the City of Delray Beach as additional insured at limits specified in the bid package. We would like to thank you for your good performance and interest in the City of Deh-ay Beach. If you have any questions, yqu may contact me at (561) 243-7163. Sincere!')', Cp..:.J0.1Z,'fi-^-- R rJ2Vl)t~t-'1.- (J t, 0 J aclclyn Rooney Purchasing Manager cc: Joseph Saffor~ance Director Dan Beatty, Deputy Director Public Utilities llichard Hasko, Director of Environmental Servi~es Scott Solomon, Manager Water & Sewer Network @ ,":"rir:t.s',_-/ Oil F1e~--:.'Y,:'E<j F~~~,!)6( T H t: E F' 1= c) f:: T /:., l VJ f','{~: t\~ r, T )' I: f',c-', \ , - . -. . '- - ~ ".Y~ t ...., 0- [ITY OF DElRRY BER[H .. DELRAY BEACH ~ All-America City l111E 100 N.W. 1HI AVENlJF. OF.L8AY AFA,-H, FI Onlfl^ :.\:';.14.1 (j()1/2-13 7000 JW1e 28,2005 1993 2001 Gary Czajkowski, President Chaz Equipment Co. Inc. 3330 F:1irliL-"le r:armsRo.~rl, ;o:!16 Wellington, Florida 33414 REF: Bid #2002-37 - SanitarY,Sewer Manhole lnrerior Rehab - Annual Contract, 3rd Year Renewal Dear Mr, Czajkowski; The annual (;ontra~t for lhr.: above: referenced Bid expires on September 30, 2005. Per page #5, Section 20 "Renewal" of the General COI'Iditions of this bid package, "The City M.magerrruiy rene~ the contract, at the same terms, oonditions, and prioes for four (4) consecutive terms of one (1) year subject to' vendor(s) acceptance, satisfactcny performance and determination that renewal will be in the best interest of the City". .~..., ,.! Please advise if this extension of your contract at prices quoted in your Bid dated August 27, 2002 would be acceptable. . Please respond by signing below and returning one original copy to my .attention~Jacklyn Rooney, Purchasing Division, City of Delray Beach, 100 N. w. First Avenue, Delray Beach, Florida, 33444. Sincerely, ,.........~ . ,-:( /,1 "iJ/,. "'d' '- _ ,f,~~ .'-Y.,J-~/,'J/\._ / ~ (,:!, )" 7.?. ."....... / J acklyn Rooney, Purchasing anag,i ~ 7;'here: ~7 Ofte (1 {year extension of the subject Bid --'- I am / ti provide a one (I) year extension of the subj eot Bid / ."-'=---~- . . 1'-/ ;J - oS ~~ . Date 6:g,.,; dolo ~kSii Name (print,( cc: Joseph Safforcf,~ance Director ~ PmllL.'C/ [If! AL'cvt~'h\l! P:IfJ/" Till E,i(")nl AIWAY~; MAllf'HS ,_I ,-11; _ 1 1~:.'4 r"y DF DELAAY BEACH lJiLRAY BEACH ~ All. America City 1 " I t' ,c "',i;JW I',IJ\I/H'JI!! Illl HAY RFN;/I.I-l onlflJ\ :n1~;1 !inl/c4:J 7000 11)(n :::or J J January 14, 2004 Mr. Gary Czajkowski 3460 Falrlane Farms Road. #8 Wellington, Florida 33414 , ..:.- ~If(.: To whom it may concern, This letter is to confirm that the City of Delray ~~ach Contract #f002-37 for Sanitary Sewer Manhole Interior Rehabilitation - Annual Contract isan open-ended unit-price contract applicable to one or lore" unit measurements herein with rio limit on price total so long as unit prices reniain constant in accordance to the contract document. Consideration in awarding rehabilitation of sanitary manhole to Chaz Equipment Company in accordance with the above contract by 1..jnij price oonsideration and without limit to' total sum by any municipality or governing body within ~f1e State of Florida may be given under "piggy beck' provisions without f.urther need of appr~wal from the City of Delray Bea'ch.' 8-incerely, J:.~.Ia/<<-_" . Patsy d I, Buyer City 0 ray Baach cc: Joseph SaffordS::k:t:~e Director Jackie Rooney, ~'~sing Manager (-. ~J jltjll{~tJ On HtJ(:v,~Jf:lr1 p,~",." THE E F F () R T A I 'A/n v C' f\ It ^ -" r ~ ~ , i '-TY DF DElRAYBEAtH L__..AY BEACH ~. AII.America City "III! 1993 2001 {:iA ~" .~ 100 N,W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000 August 19,2004 Gary Czajkowski Chaz Equipment Co. Inc. 3380 Fairlane Farm Road, #16 Wellington, FL. 33414 REF: Bid #2002-37 Sanitary Sewer Manhole Interior Rehab Annual Contract - 2nd Year Renewal . 1<1: ~ "'::. ,~ . Dear Mr. Czajkowski; SEp.O 8 20D~ Our City Manager, on August 18, 2004, approved the one year renewal with your company for the annual contract Bid# 2002-37-Sanitary Sewer Manhole Interior Rehab. Term of the contract will be from October 01, 2004 to September 30, 2005. Items will be ordered Via individual purchases orders and/or blanket releases on an "as needed~' basis for the contract term. Plea::;e forward to my attention. an updated certificate of insurance. naminlZthe City ,')fDelrav Beach as an additional insured at limits specified in the bid package. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7161. ~cerelY, . . U~71~ Pats#adal, Buyer / cc: Joseph Safforffian{e Director Dan Beatty, Dep. Difector of Public Utilities Scott Solomon, Martager Water/Sewer " THE EFFORT ALWAYS MATTERS )1"'" DF DElRRY BEAtH Dh._,(BEACH ~ AII.Arnenca City , , " I! 1993 2001 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444,561/243.7000 July 14,2004 Gary Czajkowski Chaz Equipment Co. Inc. 3380 Fairlane Farm Road, #16 Wellington, FL. 33414 JUL '!.. 6 LUUlt REF: Bid #2002-37 Sanitary Sewer Manhole Interior " Rehab- Annual Contract 2nd Year Renewal Dear Mr. Czajkowski; The annual contract for the above referenced Bid expires on September 30, 2004. Per page #5, Section 20 "Renewal" of the General Conditions of this bid package, "The City Manager may renew the contract, at the same terms, conditions, and pric'es, four (4) consecutive term(s) of on~ (1) year(s) subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City". . Please advise if this extension of your contract at prices quoted in your Bid dated August 27, 2002 would be acceptable. You may respond by signing below and returning one original copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444. Sincerely, - ~', J." \ '+ /. j, .) ,,-,',l}/V.,,/ ;' . ./7/ /1./ _.../ , Patsy, adal, Buyer ~e one (I) year extension of the subject Bid Package, 7 /;;;7 /6i Date / Sign ture C /4,..../ Name (printy Joseph Saffor~ance Director Brad Miller, Chaz Equipment Co. Inc. rLJliow~k" " cc: T\-1i= F>=FnRT ALWAYS MATTERS / ~:~T~lo,D '~~!l ~r i L .Y BEACH ~ AII.Amerlca City \, HI! Il)l) .1 21)[) I f DELRRY BERCH JUL 2 5 200l ',::' ~I l'i .,',.. 1:;~ _~VE~Jl)~ C:,::Lf':.!J 3E,c..CH FLORIDA 33444 5611243-7000 July 18, 2003 Gary Czajkowski, President Chaz Equipment Co. Inc. 3?80 Fairlane Farms Road, #16 Wellington, ,.Florida 33414 iL.... Our City Manager, on July 13, 2003, approved the one year renewal withyour company for the annual contract for Sanitary Sewer Manhole Interior Rehab. ~ Term ofthe contract will be from October 01, 2003 to September 30,2004. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term. RE: Bid #2002-37 Sanitary Sewer Manhole Interior Rehab - Annual Contract Dear Mr. Czajkowksi; . Please forward to my attention, an updated certificate of insuranc-S?, naming the City of Delray Beach as additional insured at limits specified in the bid package. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you. may contact me at (561) 243-7163. / Sincerely, / ~R~' Ja'klyn R:oney , Purchasing Manager cc: Joseph safford,~e Director Dan Beatty, Deputy Director Public Utilities Richard Hasko, Director of Environmental Se~ices Scott Solomon, Water & Sewer Network Manager I~ ,C~.'_I":'.~ ,"'r: Q,...J-"-'e.-f P~;''l~r \_ l .. -.. ..' _....'1..., U. ~f- t; THE E F FOR T A 1_ 'N ;..'(S MATT E R S - ~ ..-- '.i 0 1 ~n 1 . i J I J J 0 1 21103 (I~ DF DELARY BERtH Y BEACH . , f\ .. ~ All-America City \'111' .- =:_c.=>=:; =,~...: :.-)' ~~:;-7Ci~'.) June 25, 2003 Il 1\ , ~ '1:1 JI Gar)- Czajkowski, President Chaz Equipment Co. Inc. 3380 Fairlane Farms Road, #16 Wellington, Florida 33414 REF: Bid #2002-37 - Sanitary Sewer Manhole Interior Rehab - Annual Contract I st Year Renewal ~ .;;.~, ' Dear Mr. Czajkowski; The annual contract for the above referenced Bid expires on September 30, 2003. Per page #5, Section 20 "Rene\val" of the General Conditions of this bid package, "The City Manager may renew the contract, at the same terms, conditions, and prices for four (4) consecutive terms of one (1) year subjec'l to vendor(s) acceptance, satisfactory performance and determination tbat renewal will be in the best interest of the City". Please advise if this extension of your contract at prices quoted in your Bid dated August 27, 2002 would be acceptab Ie. Please respond by signing below and returning one original copy to my attention, Jacklyn Rooney, Purchasing Division, City of De1ray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444, Sinreret', ~dr 7Y OUJ' J acklyn Rooney Purchasing Manager I hereby agree to the one (1) year extension of the subject Bid _ I am unable to provide a one (1) year extension of the subject Bid 7&103, Datel / ./,,~ ~ ~~tu/1 U/1I'/ Name (print) / cc: Joseph safford~e Director 6I1jkOi(I'5X: :. "\ -, : 'c ;::::::: '-, = - A" ,:::c. '.:: 0,1 .:.-- c,: :. ~ITYDF DElRRY BEACH uElRAY BEACH ~ All-America City 1'11'" " 100 N,W. 1st AVENUE. DELR.4Y BEACH, FLORIDA 33444 .561/243-7000 October 24,2002 1993 2001 Gary Czajkowski, President Chaz Equipment Co. Inc. 3380 Fairlaneg~s Rp,ad~ #16 Wellingtop., Florida 33414 ..--~. . . . , ~ . ~j' PD~rvo7 5lfc9 lb/l/o9. -9 (~ol o~ REF: Bid #2002-37 Sanitary Sewer Manhole Interior Rehabilitation- Annual Contract Dear Mr. Czajkowski, Enclosed is one original copy of the contract for the above referenced bid awarded to your company by City Commission October 01, 2002. Term of the Contract will be from October 01, 2002 to September 30, 2003, with the option to renew for four (4) additional one (1) year periods. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7163. Sincerely, ~ ~7)~ J att{lyn Roo~ey // Purchasing S1ipervisot Attachment cc: Joseph Safford, Finance Director C. Danvers Beatty, P.E., Deputy Director of Public Utilities Richard C. Hasko, P.E., Director of EnviroruTI.enta1 Services Scott Solomon, Water & Sewer Network MaIitager ffi p,..,..,..~..... ~..........I..~ 0",,,,,,,, THE EFFORT ALI,'1.4.YS MATTERS ) , CITY OF DELRAY BEACH INVITATION TO BID PURCHASING OFFICE 100 N.W. 1st AVE DELRAY BEACH, FL 33444 (561) 243-7163 BID NO. #2002-37 DATE: July 23.2002 TITLE: Sanitary Sewer Manhole Interior Rehabilitation BIDS MUST BE RECEIVED ON OR BEFORE: Tuesday, Auqust 27, 2002, prior to 3:00 ~. at which time all bids will be publicly opened and read. INVITATION TO BID " This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made' a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. , SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 1st Ayenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER, TITy=; AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE COpy OF ALL BID SHEETS. Any failure on the part of the supplier to comply'withthe . ensuing conditions and specific;ations shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. ! ' ENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS ~ , 1. SUBMISSION AND RECEIPT OF BfDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in tris Invitation to Bid, Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink.. Bids shall be- signed in ink. All prices s'hall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the a\.lthority to bind the company or firm by his/her signature. "'~ "~.' 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that rqay or may not be purchased from any resulting contracts. These quantities are fo( bidders' information only and witt be used for tabulation and presentation of bid. . 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be giv~,n firs~ to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices I~ss tha'n our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may?egotiate for a new contract on the open market. D. The City reserves'the right to purchase items on state contract ifsuch items can be obtained on the same te~ms, conditions, speCifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid 'evaluation in the unit prices bid. . 4. DELIVERY: A. All items shall be delivered F.G.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. ! ( B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if 'delivery is not made at the time(s) specified on bid'form. 5, BRANr:i NAMES: If and whenever in the specifications a.brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, orequipment covered by this bid ~hall be new. The items bid must be new, the latest model, of the best quaiity;c:lilci;',fghesi grade workmanship. 7. SAMPLES: . Samples; when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual 'usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the. right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from .othersources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENi RIGHTS: Bidder warrants that thefe has been no violation of copyrights or patent rights in manufacturing, producing, or selling the/goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless fromany:and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. " The awarded bidder shall also secure the work site before leaving at the end of each working day. C. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate mar1'ufacturer certification of all Statements made in the proposal. . 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or . specific 'performance. 14. LIABILITY, INSURANCE, LICENSES AND PER~2~~: A. PERMITS: \('Jhere bidders are required to perform work on City structure(s) or property as a result of bid award, .the City.will waive the cost for permits. Contractor shall pay for permits for allbtherwork.. - ":"...- c.. . B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's. Risk Management Office at (561) 243-7150. See pages 14 & 15 for Insurance Requirements. A .sample" certificate has been attached. 15. SPECIFICATIONS: r' ., A. For purposes ?f evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render thematerial/service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach r~servesthe right to accept any Bid or combination of Bid alternates which, in the City's judgment will ~est serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregUlarities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all /non-conforming, non-responsive, unbalance.d or conditional Bids. The City. reserves. the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the c0rrect sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 60-08-116241-54C appears on each purchase order. \ FAILURE TO 810: If you do not bid, return "Statement of No Bid Form" and state reason, Otherwis\3\ YOUR NAME MAY BE REMOVED FROM OUR MAILING LIST. 19. EXCEPTIONS TO CONDITIONS, 1 THRU 18 (Boiler Plate) Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, FOUR consecutive term(s) of ONE year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best inte.r~st of the City. 21. ANTI-COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreelnen'o. (~',_,:;:Il',iBr::tior. with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list (s). 22. CONFLICT OF INTEREST: . i A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or mGre in the bidder's firm or any of it's branches. 23. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, s~x, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure th?t applicants are employed and that employees are treated during employment, . without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to bein compliance. DISCRIMINATION: An entity or affiliate Who has bee.n placed on the discriminatory vendor list may hot 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 publi~ entity. ~.~..'- . - " I ~. ~- '. STANDARD FORM OF AGREEMENT BETWE.EN CITY AND CONTRACTOR THIS AGREEMENT made this day of I 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Chaz Equipment Co. rne. (hereinafter called CONTRACTOR). WITNESS-ETH: The CLTY and the CONTRA~TCR in consideration of the mutuai covenants -~ - . hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the. contractuai requirements pursuant t.o all covenants and conditions. , 2. The CONTRACTOR. as evidenced by the execution of this contract, acknowledges that it has examined the physicai characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following , documents which are atta.ched hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Invitation to Bid Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Req uirements Sample Insurance Form Drug Free Work Place Certification Specifications Proposal (Schedule of Pricing) Bid Signature Page PAGE NUMBERS 1 - 6 7 - 11 12 13 14 15 16 17 - 24 25 - 26 27 )NTRACT DOCUMENTS (cont'd) statement of No Bid References' PAGE NUMBERS 28 .~ 29 Addenda numbers n/a to n /p. I inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the iaws of the State of Florida as Now -~.~'." / .,"~. . ~'- ",' . .. and hereafter in force. The venue for actions arising out of this agreemer,:'shaU,he Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: ' . City of Delray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Chaz Eauinment Co. Inc. 3380 Fairlane Farms Road. H16 Wellington. Florida 33414 i 7. The CONTRACTOR shall not, without prior written consent of the CITY, . assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himseif, his partners, \ successors, assigns and iegal representatives to the other party hereto In respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indem'nify and save harmless the CITY, it~ officers, agents and employees, from or on account of any iiabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negiigence (excluding the sole negiigence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR In the performance of this project. CONTRACTOR agrees that negligent, reckless or Intentional . wrongfUl m i sdon'd oct il'lcli'rdj'js, '1'1 oh s not Ii m itedto ,u se ofa oy im proper.. m 3"""""\<' ..or lIabiiitles, damages, losses or costs caused by or on account of the use of any improper materials, CONTRACTOR agrees that negiigent, reckless or intentional wrongful misconduct also includes but is not limited to the vioiation of any Federai. State, County or . I ',ity .Iaws, by-iaws, ordiJjances or regulations by the CONTRACTOR, his subcontractors, . , agents. servants or employees, CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of ever; name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be ~rought against the CITY for the infringement of any and ail patents or patent rights claimed by any person, firm, or corporation, The indemnification provided above shall obiigate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or iiability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR. his subcontractor or bv "one directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and cost? at trial and appellate levels. " The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said cons.ideration for the indemnification provision. 10. This Agreement sh?" be consider~d'-null and void unless signed by both the . CONTRACTORandthe.CITY.. .:::, , ... ,,", '" .,. ..... ...... . ....1.'. .," ..I. : ,- ,?.1...... ", 11. The, contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be alt~red, amendedC?r repealed by a duly executed written instrument. ! '1 -, \ 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: j&/~J City Clerk ' Approved as to form: < 0'1 ,,-City Attorney ~l I ~ wmf1l h(]fllkn~~~ J\'O OJi :h{\~ ~;Wtu*1 (Print or type name and title) / CITY OF DELRAY BEACH, FLORIDA "'-~.""-' By: 0~.J,~S::~- .. David W.Schmidt, Mayor CONTRACTOR:i BY: / . ~-- ~f\ell r)jJ.:Wnu~ (Print or type name and title) ,.---- (SEAL) 11 . . CORPORATE ACKNOWLEDGMENT COUNTY of 't STATE OF . J f)e.. .f~re~~in: ins::u~:,:.wa~ .ackno~led~e.. d,be.fore me this~O /" da~ of \l:r/ 'r. , 20 n{J.. ,by ~R\u.+Ger.:Wd lk,kl.'(OOmeOf officer oragen!, titie of officer or agent), of ~l eel d('\ (state or place of incorporation) corporation, on behalf of the corporation: He/She is (personally known to me) (or has produced identification) and has used his/her I , ;type of i~tifi~9~n);~s identiffcation. I r J/u.&v '-t.:, l{;1) iJ~hO st;ft~re of personlTakrh!l Acknowledgment . . . . ~ (-.\q(\t? . QsP.le.~ Name of Atknowledger Typed, . Printed or Stamped ...,;. A'*~ [),!JUNE It I\lSEl.EY ...:~.~ w CCMIw\ISS~ t cc 004425 ~. . :.j EXPIP.ES: January 23, 2004 "t-?;~:r,(' ,- BonlodThnlIlolalY P<tl!i: UndoIWrbr1 12 CERTIFICATE (If Corporation) STATE OF FUJLRIDA ) ~ _ ^ /1' . ) SS COUNTY OF . ry\ ~({ ) ) ~.. &R~2CERTfFYlfi~~ a;~~~~:80~f ~~~;~~:dl~:~i~~~~~~~~I~~rtY[ ....~ u ('merct--. ~ of_~\.M (~ 10 ,20 D~e following resolution was duly passed and adop "RESOLVED",lh I :.\, as ~e8 . President of the corporatio , he/she is hereby authorized to execute the Agr~ement ~ated ,20_, between the City of Delray Beach, Florida and this orporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resoiution is now in fuli force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 10 day of(D(?~r ,2009- m h(/h'=1.fk~U fLl ~ry) L (Seal) J '- INSURANCE REQUIREMENTS ,- A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in - compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit bf$1 oO,oqo each accident. L~ . .'. eomorehensive..GeA8fat.UabUit'l.,., C.oYerag~ must be; afforded on a form n0 more restrictive than the latest edition of the Comprehensi~e G'enerai Liability ~orl'cy 'fii€d' by the Insurance Services Office and must include: 3. Business Auto Policy - Coverage must be afforded on a form' no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) N~ exclusion for Underground. Expl?sion or Collapse hazards. , t a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 3. Certificate of In~rance - Certificates of all insurance evidencing the insurance coverage specifjed in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not onlv name the types 'of ~olicies ~rovicfed, but shall also refer specifically to this bid and section and the above ;aragra_hs in accordance with which such insurance js bein. furnished, and shail ~tate that such insurance is required bv such paraqraphs of this contract. The successful bidder will include the City of Delrav Beach as additidnal insured. If the initial insurance e'xpires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall imposi;3 no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". 1 A 5612437156 CITY OF DELRAY BEFlO1 , 870 P08 DEe 21 '00 10:23 GOOD rnSURANCE, DiC.. P.O. BOX A-l BEST CITY, USA 00000 ~..~~~.. . . .~. .:j: ~ '":;;< THIS CSlTIACATE IS lSsUE:C 1oS). U,l.iTER OF LHFOOI-U.'11ON ot{L y Axe CON"" .. tlO AIOHTS IJPOH THe ~R11FlC.&.TE ~ THIS CERTff1CJ,Tc: CO€S H<lT )J,(EH~ E;(T'fl;D Of\ ALTER llil; CO';C1'V.OE, ~ llY THE F'OU01;.s ~OW. . COMPANIES AFFORDING COVERAGE I -: ,~ . "," ,', .(. ,,, ~. ~:'\~";f ~~:_~t<:~~ . ;. ,_ ;!i: .-... ,,,.:~ ....,,'"":.~~ ~. "-t"'{~ ''3~'\.. ~ A RIGIIT GUARD WSURAllCE co.. ff'i,~ a COHPLETE COVERAGE I NSlJRANCE CO.. COMP I-HY C lETT'E A IDLLING ~O.RK.ERS fl.$soc. ABC DRIVE ANYTOWN, USA 00001 COMP ANY D I.ETTEA COMPANY E LETTER -~ . I I tHIS IS TO camrY THAT?OU< lES Of'~.usn.c a.a.OWW-VE BUH..lSSUE!JTCil'lE.lN$l.tREOtuJ,lEI) A&OY1! FOA. THEPOUCT PEJUOoIHOiCA'rEO ' H<)T'l't'\T}fST.l.HOlHO ANY flf.OlJ1lIl!JolEHT. TJ:Rl,l OR ~ 01' ;,NY c:oKt:fW:1' OflOTHER D<;lO.JWeHT WTTh flf.SPECT TO Wl1/'Cli THl$ oom!FlC'" TT" IoU of De 'ISSUED OO'IU.Y PERT A.IH."r~ 'J:'~ AFF<>f\Dm ,ay. !fr<<;. .!>QUOEB-.oesa:uSIi O-~ElH ~.s:tl[l.JJ;c:.r T04."....l!'K6 'TE.CtW>;EXCUJ~'JC}i::;'fj .~.~~'hl'''D~ ." . TlOtiS OF SUCH P~. . 'TYPE OF INSUFVJ.ICE PCJUCY NUMBEJI /'Q..r:1 1ffi:CTh'E 1'0.. 'Cf W"Al1l:>i LlA61UTT UMrTS rN THOUSANOS t)J.1t 1\.l1NCOI'f11 DLTl ~ : 'C"~.','....::' ~H =AA~><:E .l.COA.>GJ, "' OEHERAL UABIUTY IlOO<l y X CWPREJiEIlSlVt F<JfW Gl..P077 604 3-01-90 3-01-91 l>VJRY $ $ X m~nCt!S ~'~ I'l'OPERTY Uh'OEAQlCJJHO ~ S S EXPLOSlOH & ca..LJJ'S<: flA.Z).P.:) X 1'l'ICCJlJ:1s.I::OMP\.EnO oPERA m t$ ~. ~ en PO $ 300 300 Q)I{TR.l.CTUJ.l ..': CQo.llllH E 0 S X l1IOU'€NOEJI! CONTWOORS l~ !lRQ.IJ) FOlW PROPE f\ TY OA.~C< PU\SON~ HWfrf PERSONAl WJ\JRY $ AUTOMOIlILE LLAe.lUJr lI;O.l ,: Al.P07J60S 3-01-90 3-(11-91 &JJ<:1 . A}(i MO fR/f-<:O>\ :s IJJ. OHHEO MOS (P?N, pm.) lID. r . ' .l4 L CIM-lEO .llJTOS (0 THl:1\ TKAi ) t<J/<1 ptZ .oa:roII) S ,. ~.pm. ~O .llJTOS ~Fll'Y hQH-Q,'IliED )JJTOS ~ S , ~ lJ,l.,S1\JT'( 6J "'0 ,. ~o S 300 .. . - ~DS S ._:...i=...;.::.:.:'.......:..:~':. WORl<ERS' CO'-' f'9/S..l j IOH q.r077606 3-01-90 3-01-91 (E.,tl); ,o,t;:C()t1lT) AND (OISE.lSE~t::Y lMll E~PLOYeRS' ~UTY (O(SEI-StVOi EW\OTEEl OTHER OES>::P.li'T1Ot-l Of OPEAATJON$It.OCA ~ ITEJ.lS THIS INSUR.ANG}: .APFLI;lI1\LE 'IO (sr.ate p.-roject) *CITY OF' DELRAY BUC 1 IS !Dnl'IIONAL DlSURED ex.ac t Y. as belO<J. Cross out i'O.dica.ted '\lording & provide 30 days vritten notice) ~ I-,J-N OF "r!i:!: ~ ~ POl)Cl:ES ae CIJtCEU.ED ~ TliE EX- PIAAT1..OO OATE THEREOF, TKE ISSVIRQ COIolPAIi'1' WILL ~'lIllU. "Cff j,(M. jU OAYS.~ Jt011C2: TO f/-II! ~n I-lOLDEJ'\ WJ,lEO TO n1€ LffT.~lund~,l["uu ~~","J:I1 ~~Wl~,.~::!~~I6"u 7 . "". t . - . . ... . DRUG FREE WORKPLACE CERTIFICATION' . ,. ; If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: . Jj"",;.r .' IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual - services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award proc:.~s,~' Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As th'~. pers'~nautho'rized' 'fo~ sT~in 'fhi~ staten':e't'I~;1 certify that th1s..fjf.r.n,.complicsJullv.wlth,J.hE:' < following requirements: '.i,"+~ -:,., 1) This firm publishes 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) This firm informs employees about the dangers of drug abuse in the wo~kplace, the business's policy o! 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) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4)h the statement specified in subsection (1), this firm .notifies 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 abide by the te.rms. 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 I States or any state, for a/violation occurring in the workplace no later than five (5) days after such conviction. / 5) This firm imposes a sanction on or requires 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) This firm will continue to make a good faith effo.rt to maintain drug-free workplace through implementation of this section. ---- '_ AR Z f~t 1~ em mt r n The . Contractor's Name ~~t.; , c CITY OF DELRAY B~ACH BID #2002-37 SANITARY SEWER MANHOLE INTERIOR REHABILITATION ANNUAL CONTRACT BID SPECIFICATIONS PART 1: GENERAL 1.01 SUMMARY A. This specification shall govern alllabo~, materi<3is,"equipment and appliances necessary for sanitary sewer manhol~ interior rehabilitation for .the purpose of eliminating infiltration and inflow, providing -OOfposiop protection.,.repaifr.:.p..f.~9r.<?Rts and v(Jid~~~ct resto.xatio~ of the stru~~uralintegrity of th.€! manhole as. a result of the application of a monorlthlc -fiber_re'i1forte'dstnlctUrElTlSi:ructurZ'~~;;';"rrrar'iced pure calcium aluminate cementitious liner to the wall,ceiling and bench surfaces of concrete, brick or any other masonry construction material. 1.02 SUBMITTALS A. Submit manufacturer's material data and application and installation instructions for all products used. B. Provide documentation that the proposed manhole rehabilitation process has a minimum 5 year history for reconstruction of sanitary sewer manholes on projects of similar size and scope. I 1.03 QUALITY ASSURANCE A. Use, mix, apply and cure all products in accordance with the manufacturer's recommendations and instructions. B. provide recommended daily or per lot test specimens for compressive strength and other testing per applicable ASTM standards. PART 2: PRODUCTS 2.01 MATERIALS A. Patching Mix: 1. A quick-setting, fiber-reinforced, calcium aluminate-based cementitious material for patching and filling voids and cracks. 2. Material shall have the following minimum requirements Compressive Strength Shrinkage Bond Cement Density, when applied ASTM C-109 ASTM C-596 ASTM C-321 Sulfate resistant 105 + 5 pef 6 hr 1,400 psi 0% at 90% R.H. 28 day 150 psi B. Infiltration Control Mix: 1. A rapid-setting cementitious product specifically formulated for infiltration control. 2. Material shall have the following minimum requirements: Compressive Strength Compressive Strength" Bond Bond C. Grouting Mix: ASTN C-109 AS1M C-109 ASTM C-321 ASTM C-321 1 hr 24 hr 1 hr 24 hr 600 psi 1,000 psi 30 psi 80 psi .~ 1. A rapid setting cementitous grout specifically formulated for stopping very active infiltration and filling voids. 2. A rapid setting chemical grout specifically formulated for stopping very active infiltration. D. Liner Mix: ..--..... 1. A fiber-reinforced pure-fused calcium aluminate cement and calcium aluminate aggregate to be . ',.. ~wetmrxed.ao.d.loW ~.t~r;;sV~~.'~pr:3y'.a,p'pliedtoform the ~tructuraV~tructurally enhanced mon.olithic cementltious liner covering all interior'''rTlanhole s'urtaces:' t:..tnerri';aterial'to"~~.>c":::a::':"~,ge SewperCoat PG or a pre-approved equal. 2. Material shall be pre~mixed and specially formulated to withstand .H2S (hydrogen sulfide) bacterial corrosion and abrasion in sewer networks. 3. Material shall have the following minimum requirements: Compressive Strength Compressive Strength Compressive Stfemgtl1 Compressive Strength Flexural Strength Flexural Strength . Shrinkage E. Bonding Compound: ASTM C-109 _ ASTMC-495 ASTMC-495 ASTMC-495 ASTM C-293 ASTM C-293 ASTM C-596 6 hr 1,400 psi 1 day> 8,000 psi 7 day> 9,000 psi 28 day> 9,000 psi 12hr > 1,000 psi 28 day> 1,400 psi o percent at 95% R.H. Material shall be a modified cementitious bonding compound that protects exposed reinforcement steel and enhances bond of overlay to substra.te. F. Water. Water shall be clean and pftable. PART 3: EXECUTION 3.01 MANHOLE PREPARATION A. Place covers over sewer inverts to prevent extraneous material from entering the sewer lines. B. Remove foreign loose and unsound concrete and masonry material not able to be removed by high pressure water spray may require the use of mason's or mechanical tools for removal. C. Loose, unsound, and protruding concrete and masonry material not able to be removed by high pressure water spray may require the use of mason's or mechanical tools for removal. \ . D. Clean the interior surfaces of the manhole with high pressure (3,500 psi minimum) wGlter spray, using detergent. muriatic acid, antibacterial agent or other chemicals to remove grease, oil and other contaminants that would prevent good bond between the existing manhole interior surface and the liner material. 18 I: E. F. G. H. I. Active hydrostatic leaks (infiltration) shall be stopped using the rapid-setting specially formulated infiltration control mix. ,f Very active hydrostatic leaks (infiltration) shall be stopped using one of the rapid-setting grouting mixes specially formulated for control of very active infiltration. Clean and prepare exposed reinforcement steel, and apply and cure bonding compound, in accordance with the product manufacturer's instructions and recommendations. Prepare cracks and voids to be patched and filled, and apply and cure patching mix, in accordance with the product manufacturer's instructions and recommendations. Areas of manholes that are found to be structurally damaged and in need of repair beyond the scope of this specification shall be brought to the attention of the Engineer. A suitable repair method shall be developed for each area and submitted to the Engineer for review prior to comme\1cing the repair. '..;..........r.-.. J. Prepare,c!ean;and repairmanReh,,"..benchB6.-and im:erts in the s.am~rn<l.nlJ$.r..~.~prE:!;<:;9rihE!q.?t-i"J~:. 3.02 LINER APPLICATION, CURING AND TESTING A. Prepare manhole surfaces, wet batch-mix liner material, low pressure spray apply liner mix to manhole ceiling, wall and bench surfaces and allow liner to cure in accordance with the product manufacturer's instructions and recommendations. 8. Liner application shall be 0.5 inch minimum thickness. The application shall be completed with a minimum of two coats. The first coat shall be applied at a thickness adequate to cover the s.ubstrate and be trowled to c,ompact the material into voids and set the bond. The second coat shall b.e applied to ensure complete coverage at the specified 0.5 inch minimum thickness. C. Inverts shall be lined with patching mix, trowl applied in one coat to a 0.5 inch minimum thickness. D. Prepare, label and submit recommended daily or per lot test specimens for testing. 3.03 CLEANING A. Clean manhole interiors and remove all construction-related materiais, equipment and appliances from the manholes prior to reinstatement of the manholes to service. PART 4: MEASUREMENT AND PAYMENT I 4.01 MANHOLE INTERIOR LINING A. Measurement: Measurement basis for payment for manhole interior lining shall be vertical feet of manhole interior surface lined at 0.5 inch minimum thickness. B. Payment: Payment for manhole interior lining shall be the number of vertical feet of manhole interior surface lined times the unit price bid per vertical foot of manhole interior lining. C. Incidentals: All Manhole preparation, liner application, curing and cleaning shall be considered incidental to the unit price bid per vertical foot of manhole interior lining. '2 MANHOLE STRUCTURAL REPAIRS ,. A Measurement No measurement will be made for payment for manhole structural repairs. B. Payment: All costs for manhole structural repairs must be included in price per vertical feet of manhole lining. -";-."'.... _,._1:' ,_'. t."'......., "". :'-';.:_'., ..-, .--.tt._," 'Il.- """.-. ."",", .r;,;..... " ~n Ii It IV: Contract Information/Requirements: MINIMUM QUALIFICATIONS AND INSTALLER REQUIREMENTS The installer shall have been engaged in the installation of Manhole and Lift Station System Rehabilitation Contracting Services for a minimum of Seven (7) Years and have rehabilitated a minimum of Four Thousand (4000) sanitary sewer manholes and 50 lift stations, in the State of Florida, utilizing a system that offers pure fused Calcium Aluminate. The selected contractor will be responsible for knowledge of and compliance with all relative local, state, and federal codes and regulations. The installer must include in t.l1e bid a list of Twenty five (25) refere.nces, for which manhole, lift station, or wet well rehabilitation contracting services have been provided within the last Seven (7) years. At least Ten (10) of these references must be current, having had installations within the previous Three (3) years. A contact person and telephone number must be provided for each. ~;:orall work performed.underthi.s contract, th8 succes~ful Contractor shall provide a competent job-site supervisor and any necessary assistants, all approved by The'Wasfe Water Departmento1 D::iJif8)L'r-':Jch. . '\8 job-site supervisor shall be present at all times while work is in progress. The job-site supervisor shall represent the Contractor at all times while all directions given him shall be binding as per the contract documents. The job-site supervisor shall have a minimum of Seven (7) years experience in the rehabilitation of Sanitary Sewer Manholes, Lift Stations, and Wet Wells utilizing a product that consists of a pure fused Calcium Aluminate Cementitious Liner.. . TERMS OF CONTRACT ,is Contract will commence on the date of award and be in effect for one (1) year. , ., CONTRACT RENEWAL The City retains the right to renew this contract with the consent of the vendor, under the same terms and conditions for four (4) additional one (1)year periods, renewable annually. Any price adjustments requested by the Contractor will be based on the consumer-price-index (CPI) and amendment to the agreement to be processed and approved by the City Commission. All prices at the time of the renewal may be adjusted on the anniversary date of the Agreement and based on the annual change to the Consumer Price Index~Southern States for the immediate twelve-month period preceding the renewal of the Agreement. The value of this annual adjustment wiUbe determined by the Owner. If the City determines to renew this Agreement, it shall provide the Contractor written notice of such renewal thirty (30) days period to th~ termination of the contract term, then in effect. TERMINATION Should the Contractor be found to have failed to perform his services in a manner satisfactory to the City as per the Technical Specifications, the City may terminate this Agreement immediately for cause; further the City may terminate this Agreement for convenience with a thirty (30) day written notice. The City shall be sole judge of non-performance. METHOD OF AWARD The general criteria that will be used for the evaluation of this bid is set forth in the general bidding requirements along with the responses as stated on the bid proposal pages. Award of this bid shall be made to the most qualified, responsible bidder to whom the City (on\basis of City's evaluation as hereinafter provided) makes an award that is the most advantageous to the City. The City's evaluation of the bid shall take into consideration the cost (total, unit price, or combination of both), City prior experience with bidder, demonstrated expertise of bidder, references of bidder, qualifications of bidder, and ability of bidder to complete the project in a timely manner. 21 PART V _ MEASUREMENT AND PAYMENT . . ~ dl SCOPE A, Payments to the ContraCtor shall be made on the basis of unit prices in the Proposal Bid Form as full and complete payment for furnishing all materials, labor, tools and equipment, and for performing all operations necessary to complete the rehabilitation work of sewer manholes, lift stations, and wet wells by various trenchless methods as authorized by th'e City. The City will establi'sh an annual reneWable contract for these services with the successful bidders as described in the Bid Specifications pages 17 through 24. The unit prices slated in the Proposal Bid Form include all costs and expenses for taxes, labor, equipment, materials, commissions, transportatioo.pl1~rges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the work as shown on the details and specified herein. The Basis of ~Payment. for :an. item at th€'... pJip,e, ..$hov;~rl.jn the Proposal Bid Form shall be in accordance with its description of'the item in this Section andas related to the WbrK'sp-etified:'l::lnit priceswri; ti.<..,;:~~:~(J~rJ the actual quantities furnished and installed in conformance with the Contract Documents. B. The Contractor's attention is called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entire.ty. Should the Contractor feel that the cost for any item of work has not been established in the Proposal Bid Form or this Section, the cost for that work shall be included in some other applicable Bid item, so that the Proposal for the project reflects the total price for completing the work in its entirety? ' . . No separate payment will be made for the following work if required and its cost shall be included'in appropriate payment items: . Applications and pulling of all utility and construction permits; . Dewatering and disposal of surplus water, . Structural repairs; . Cleanup; . Testing materials and apparatus; . Maintenance of utility service; . Appurtenant work; . Inspection Photo Records . Maintenance of traffic. . / The following paragraphs '\Yill clarify the work included for the items listed in the Proposal Bid Form. MEASUREMENT The' quantities for payment under this Contract for each Work Order authorized shall be full compensation determined by actual measurement of the completed items, in place, ready for service and accepted by the City unless otherwise specified. The City will witness all field measurements. When depths are indicated in the bid items, they shall be measured vertically from the existing grade. paved or unpaved, to the pipe invert. It is intended that all work required to complete this Work will be included in the various bid items as described in the following paragraphs. 1. ADD MOBILlZATION/DEMOBlLlZATION The mobilization/demobilization cost is applied if a wor!< order has less than 10 sewer manholes or less than 750 square feet (SF) of-wall to be rehabilftated for the work order, this cost item shall be included for payment to the Contractor for the additional mobilization/demobilization costs which becomes significant with the smaller project work orders of less than 10 sewer manholes or less than 750 square feet (SF) of wall to be rehabilitated. 2. CEMENTITIOUS LINING MANHOLE, BRICK, OR PRECAST REHABILITATION This item of work will be measured and paid for at the unit price per vertical foot of 48-inch or 50-inch diameter of manhole wall named in the Proposal Bid Form. Measurement will be made from the bench, at its highest point, to the upper limit of actually treated wall, cone or chimney. Payment of the unit price per vertical foot will provide complete compensation for cleaning of the wall by both pressurized water and sand or soda blasting; relief of hydrostatic pressure outside the manhole, if necessary; injecting chemical grout to stop active leaks into the manhole, if necessary; furnishing and supplying of all materials or combination of materials making up the patching and coating (waterproofing) and applying or installing them; manufacturer's representative's presence or assistance, if required; isolation of the manhole by plugging entering lines; testing; safety egl,!.ip.ment; and all incidentals necessary to obtain a watertight, sealed manhole wall and bench, complete in place. Payment for bypass pumping, if required (other than because of damage caused by . Contfa'ctor); wiHbepaid'for-ui'l'dei'B separ:ate item.--<-- -." -^'.- , . CEMENTITIOUSLlNING OF LIFT STATIONM'ET WELL SURFACES This Item of work will be measured and paid at the unit price per square foot of wall in a lift station or wet well. Measurement will be made 0 the actual surface area repaired. Payment of the unit price per square foot will pr.ovide compensation for cleaning of the wall by both pressurized water and sand or soda media blasting methods; relief of hydrostatic pressure. outside the structure if necessary; injecting chemical grout to stop active infiltration, if necessary; cleaning; surface preparation as specified herein; furnishing and supplying of all materials or combination of materials, including liner manufacturer's representative's presence or assistance, ,if ,required; isolation of the lift station or wet well by plugging entering lines; testing; safety equipment for personnel; labor, tools and equipment; and all incidentals necessary to obtain a watertight, sealed wall and bench complete in place. Payment for bypass pumping, if required (other than because of damage caused by the Contractor); will be paid for under a separate item. 3. BYPASS PUMPING OF SEWERS a. BYPASS PUMP AND PIPING SETUP These pay items provide complete compensation for bypass pumping operations required for sewer manhole, lift station and wet well rehabilitation. The Contractor shall attempt to perform the rehabilitation sewer work without bypass pumping. However, if in the opinion of the City bypa}s pumping is necessary, it will be identified as a payment item. The pay item is a one-time charge for all bypass pumping setup operations during a given lining installation, induding services, regardless of the number of pumps required. Bypass pumping shall be bid on the basis of sewer size which is bypassed, These items shall include, but are not limited to: all necessary and required traffic control; pumps; piping; gasoline/diesel fuel; maintenance; transportation and storage; temporary bypass and service piping; labor; materials and/or any other costs associated with bypass pumping. Plugging or blocking a sewer line shall be included in the appropriate bid item for which the flow must be stopped, this is considered incidental work and no additional payment shall be considered. b. BYPASS PUMP These items shall be paid for on a per day basis for operation of the bypass pumps. Bypass pump operation shall be bid on the basis of the size of the pump used. These items shall include fuel operating costs. 23 4. ADJUSTING EXISTiNG MANHOLE CASTINGS These pay items provide complete compensation for furnishing all necessary labor, equipment and material to adjust existing manholes to match existing elevations. ,. 5. FURNISH NEW MANHOLE RING AND COVER This pay item provides complete compensatibn for furnishing new manhole ring and covers as specified by the City to be installed under pay item 4. 6. RECONSTRUCT BENCH AND FLOW CHANNEL This item provides complete compensation for. all necessary labor, equipment and material required to re-construct acompletE3 bench and flow channel, as required per the City's minimum standards. . 7. INSTALLATION OF CHIMNEY SEALS .- This pay item provides complete compensation for fumishing all labor, equipment and material required to .install manhole chimney seals. 8. RE:'lNSr'ALL ptIMFS'BASES" ,A..._..>;.... ,. ..- , .', These pay items will include complete compensation for furnishing all necessary labor, equipment and material required to re-anchor existing pump bases, where, under the opinion of the owner's representative, is required. 9. INSTALLATION OF INTERIOR PVC DROPS These pay items provide complete compensation for furnishing all labor, equipment and material required to installinteribr PVC drop piping. 10. REMOVAL OF.EXISTING COATINGS This item provides complete compensation for furnishing all necessary labor, equipment and materials necessary to remove any existing coatings that may exist in full or any portion of an existing structure. 11. REMOVE AND REPLACE EXISTING PIPING AND VALVES This item provides complete compensation for furnishing all necessary labor, equipment and materials necessary to remove and replace all existing piping, check valves, plug valvescand all miscellaneous material required for this installation. This work will start at existing pump bases and will terminate prior to where discharge piping exits existing valve vault. All work shall complywith City of Delray Beach minimum standards. 24 ITEM MANHOLElLlFT STATION REHABILITATION BY CEMENTiTlOUS LINING SCHEDULE OF PRICING BID FORM 1.) Mobilization/Demobilization 2.) 3.) 4.) 5.) 6.) 7.) 8.) 9.) 10.) 11. ) 12.) 13.) a. Mobilization/Demobilization if less than 10 manholes or less than 750 SF per job work order ~!5o ,m ~~o,tO . ' q;, liD' 393.~ ~0l.~ I~I~ per square foot each Cementitious lining of Brick Manhole - 48" Diameter per vertical foot Cementitious lining of Pre-cast Manhole - 48" Diameter per vertical foot Cementitious ling of Brick Manhole - 60" Diameter per vertical foot ..:.::: " q...:..... - ',-'- -' Cementitious'lining otPre-cast Manhole - 60" Diarrieter .. per vel1'.~,,': ',:;.",; Lift Station Surface Rehabilitation by Cementitious Lining Sewer By-Pass By-Pass Pump Setup with Bypass Pumping c;b a. Bypass 8" Sewer Setup ~ron each b. Bypass 10' to !2" S.ewer Setup 2cco'~ each r !5 (XX) . CD c. Bypass 15" to 18" Sewer Setup each Cb d. Bypass 24" Sewer Setup '7 OW . each 1"- tZl e. Bypass 4" Pump dO' per day 8co. tb f. Bypass 6" Pump per day 9ao' ct> g. Bypass 8" Pump per day ..300 . CO h. Bypass 10" Pump per day eo Adjust Existing Manhole Casting within Asphalt Pavement f'] 00 . each ODO' to Adjust Existing Manhole Casting within Green Area each 600' t!J.) FUfTlish New Ring and Cover each SCO' to Re-Gonstruct Manhole Bench and Flow Channel each !!:Eo ' 6D Furnish and Install Manhole Chimney Seal each 500. CO Re-lnstall Existing Pump base 4" each 6" S~O,6~ each f2So' r3J 8" each 25 14.) Furnish and Install 6" PVC Interior Drop 15.) Furnish and Install 8" PVC InteriorDrop 16.) Re-construct Lift Station Fillet 17.) - . Removal of E;xisun'g Coating ,..' ...... t.f1" ~.. 18.) Remove and Replace Existing Piping and . Valves, within Existing Submersible Lift Station through Existing Valve Vault .. ~ ., 2' to 4' 4' to 6' 6' to 8' 2' to 4' 4' to 6' 6' to 8' 6' Diameter 8' Diameter. -~."'. 1 0' Diameter 4" 6" 8" 26 17 r. t:b ~O · each r::-' . ctl :~ C('l' each 000 I to ;:ach L I """r'\,(J) ~ each toaD ,tb each '700' ,Cb each [!D I Oct>. each em r ~oo. 'each 6b 1.300 I each . . . '] I.~_ per _~:P <;l,r'? f:':.Q.t.. . , Lf fX:XJ ,OJ each . . . Eb .I.~, 000' each ~ I ~ . ()[t) I each . ~D SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) BID #: 2002-37 Openinq Date: Tuesdav, Auqust 27, 2002 BID TITLE: Sanitary Sewer Manhole Interior Rehabilitation COMPANYNAM~C,AA? ~J.:~\r.rY\6~~p" ~CO "" PATE:,",.,_7U];;J .8.:.., NAMElTITLE: ~r 12s' GP,::rvOI O~~ 1~-et1d"rt ADDRESS;0,?,q,Q ~n.-"rl(l,De- ~Qm? ~oPrc\ I llo ..JITY L\ )ej \\ (\.cgr-i}"' , STATE~ ZIP CODE :s3t+1 ~ FEDERAL TAX 1.0. #: (06; - on[{)~ln% tt TELEPHONE: ( ~ l 0 I ) ~33 - ~loq *SJGNA TURE 3?:'~ - ~l '6 0 FACSIMILE ( .--- bf\\ZJi C?J\~\ VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: G fW L;\s ,,- TELEPHONE: ( ~lo \ r:m~OU:td~ ) ~-=?::'3 - ~I 0 CJ 27 STATEMENT OF NO BID E?Id # 2002-37 Sanitary Sewer Manhole Interior Rehabilitation . !fyou are not bidding on this service/commodity, please complete and return this form to: City of Delray Beach Purchasing Office) 100 NW 1st Avenue, Delray Beach, FL 33444 or fax to (561) 243-7166. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Del ray Beach. COMPANY NAME: . .,APP.F--pSS: ~._~" TELEPHONE: ( ) SIGNATURE: DATE: Minority Owned Business: , ) Black () Hispanic (.) Woman () Other (Specify) t ., We, the undersigned have declined to bid on your Bid # 2002-37 For: Sanitary Sewer Manhole Interior Rehabilitation _Specifications too "tight", i.e. geared toward brand or manufacturer only (explain below) _Our product schedule wouLd not permit tiS to perform -. ~Unable to meet specifications _Insufficient time to respond to the Invitation to Bid / / / _We do not offer this product or an equivalent _Unable to meet bond requirements _Specifications unclear (explain below) _Other (specify below) REMARKS: 28 '. l~lt~~( \ /z. - ,/ 5~)C[)PE tJrTH,1J -~-" 20K 'F;<?ICE . 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(;/'::::> ~O,COO V!o.~ CleD;?;R ilD?Io- 1 j3 /07- - l/rz-/C5f- (\\OV\. --. ~c\1jdS-kr -.b ~ob. ~c,\ ~ue .exl's-ftrtj ~ ~~{l\ClS.J. ~ coct+\5 l ~r fa.ce.. ~re." . ..(;;.-- 'S. Loa-+-) *~v;c,~ ?('o~sed i ~\o(.;~f'C~S ("~br..r wi \",.c+Vrc s L..-, -b \('\ c.lvde... -.::x..b COI"\+~a.d-or S ~('\~, ~ -\e.\l~ -b -~e. S?cwers ~~ c^/ ~\ '::); vL U ~ -the... e>'< _ fis A? :So w Q.... ~'\. i('l~\,,^ ~~c:\~ /: as --\-0 l'.f' ~ CD-A rno'D \')c~{:Jlt~ ~ I~s ~ v>eC\S '- -:C-f' ~~" 0 v -e [\ ~.c \ <- ~ ("b b; \; ""!. e S ~fo.r-\-s. Qnd ~6Sl; bl':) -R('\ I ~~e~ ~s "\"DC:~S... --:r:;P no-\- <:"or'\~\e.kc-\ (Dl"'t+:("w'':::'' ~6. ~rDc.e $ S -- (f\O.fU? QOc\ Crew ~~h; \; z.~ --b ~"'-\~;~. +rol-'\. ::,~",~-\c.... (W~{-fc.- "Sob) 40 ~~\r- S. Coo...~- ~ ~ \ u.6 - - Q0l"')" I e i-e h.<.s . \~vrS., k:C\~ - ~. (oc~+- Co~\~t-e. 0.\0. Ls. IS abl~ -b k ~v --\- \:)zU:' \c.. \: ^ 't-O ~ v c. _ .-'''''K~..''.'~ URETEK FLORIDA The URETEK Method'M Deep Injection'M Th. UR!TIIK _od' . t t Uretek ICR FLORIDA. 8404 Epicenter Blvd. Lalceland, FL : 33809 Toi. Free 866 9URETEK Fax 801 6972619 www.uretekicr.com ~.d January 16,2007 Mr. Anthony Lombardi City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida Re: Lift Station. Scope of Work: To stabilize and densify the soils aroWld an 8 foot diameter lift station at the -10 foot elevation. It is our understanding that the leaks in the wall joints have been or will be repaired prior to our arrival on site. Work Description: URETEK ICR LLC proposes to use its patented Geotechnical "Deep Injection System" of ground densi fication, utilizing lightweight, expanding, high-density, hydro-insensitive, polyurethane resin materials, URETEK 486, to densifY and stabilize the soils at specific elevations. URETEK ICR LLC offers this ground densification process as a permanent repair method to stabilize earth-supported structures. URETEK 486 is warranted for ten years against significant shrinkage or breakdown. The lightweight nature of the 486 material when compared to cementitious products used for the same purpose, allows for a shallower scope of injections that essentially transfers the loads across weaker layers of soils deeper down without the necessity of injecting full depth to a deeper t load bearing stratum. Two penetrometer tests iwill be conducted prior to the polyurethane grouting and two upon completion. The first tests will indicate the density of the soils at various depths. This will enable us to grout at the specific elevations requiring densification. It will also indicate whether grouting is actually required. Working Conditions: We would like to requeSt the following: 1. Maintenance of traffic is provided by others. 2. Water level is kept to:a depth of2 feet above the pumps. Completion Time: Estimated completion time is 1 day depending upon the weather and other factors beyond our control. I Pricing; URETEK ICR LLC shall provide all supervision., labor, material and equipment unless noted otherwise, to accomplish this work. Con~rolling Concrete Lifting & Soil Stabilization Xl:L:I 1.3f~3Sl:ll dH Wd~v:8 ~002 EO u2f Mobilization: $1,500.00 Penetrometer Testing: $1,200.00 Polyurethane Grouting! $14,000.00 Material usage estimate is 1,600100 Additional material will be at a cost of $8.75 per lb. (In the event grouting is not required there will be a minimum charge of $5,875.00). Estimated Cost: $16.700.00 Warrant)': . URETEK warrants that the injected URETEK 486 synthetic resin materials will not significantly shrink: or deteriorate for a period of ten years from date of completion. URETEK ICR will replace during the first year warranty period any failed material I at no cost. If the materijil should fail beyond one year from the completion date, URETEK ICR will protate the labor and application fees to the client, but will waive all material costs'. In the event it becomesinecessary to re-inject, URETEK ICR will not be liable or subjected to any costs wcurred due to the warranty work. For example, disruption, loss of revenue, etc. ' This limited warranty swersedes any other warranties, expressed or implied. This guarantee does not include external causes not dependent on our material, for example, ground subsidence or settlement of native soils, structural deficiencies, dynamic or static loads :much higher than the design loads at the time of the URETEK interventio~ damages caused by excavations, product tampering, natural catastrophes (storms~ fl~od, drought, tides, earthquakes, explosions. fire, eOO). i If you have any questiohs or require clarifications, please contact me at 813 -766- 7398. Sincerely, pui~ Mike Trout URETEK ICR Eod Xbl.::l 1.3L~3Sbl-' dH WdGv:a GOOG EO U~L Invoice URETEK ICR, LLC 8404 Epicenter Blvd. Lakeland, FL 33809 Date Invoice # I 1/2312007 l824 I Bill To: City of Boynton Beach 124 East Woolbright Road Boynton Beach, PI 33435 , P.O. No. Terms Project . Item Quantity Description Rate Amount Mobilization 1,500.00 1.500.00 Penetrometer Test 2 300.00 600.00 URETEK 486 Includes material, labor and supplies to install URETEK 486 14,000,00 14,000.00 Additional Material 261.2 Lbs; 8.75 2,285.50 I I I I All work is complete! Total $18,385.50 ~.-l ....U.J I '::J r-:>J'::JC:W' ..-lW W..-l?n:~ ?nn? nT U~r URETEK leR ;>rojeCt: City tl-f ~YVTOtJ ~l-\- ,-ocalion !;I:vvMil.'l!.t'(D or f LJuT1D(,""-'q>o LM Date: /--: d.'d... -O-:J Job#: Nil. "'h~ d! . .........--,.. .;...,1.....: HI c.4H-s-l " { k : :' ._._.....__h...'-~~L~- ,......~ .~~:~i J' . H5~ r " . .~ ..... ... ..1(-.: . i\).'~ .. ..1.....__.. i I:. . 150.(0 l~~ ~~'511~ 3 -= 'be, ~ ....H=f~~,L{..: 5 ::i50, b 'b -:: l~'4.<6 1 ' 1.1o?. ...-: CJo,.,j 20~: I ' ~_. '; ;. :_j. ,:. L - _ . _: < ; .~' ". ':;..... .:.. 'ri...". ~'i."'. . .:::1 iJ Sf) : .' . . 'I ," " ~. . - ., It) J. :t/t:F~ . ...- .H.L1Ldn....:.. I~...-. la.::. ~.. 3v '2.1 . 'I e", l)I~!~V . I'll.,; . t50 . : ;:>P'~FT/f, ~/T1r/' . if'S. r . J:... : : , i '. ", ,'.-: : --I 1 :, .. -:...... .: : ..: _:.. .,: : I . .-L':'" , . .. . '..' ' .... , ' ..... -..' '_t:'"'..,.,~_.............d.--_'...-.:.._.c...... c.. ",.. .... ....U -l I ::II").I-=ll::U. -11-1 w-lrn:~ ~nn? nT uer URETE.. -:;R, PENETROMETER LOG Date: / / ') ) / ~ 7 $V(/V1t/A/ /3C/fcJ./ Job: {1/7 S'/41;'tl.-1/ It J/J'#,/),<JL W,?,p/) Pene1rometer #: i e /.3 vT/tlP W t'# j) ,[) j'<:; // C. . (centemeters) Depth Before After 10 20 30 40 50 60 70 80 90 - 3 100 110 120 130 140 150 160 170 180 190 ~- ~ 200 210 220 230 240 250 260 270 280 280 - '1 300 310 320 330 340 350 360 370 380 390 - /.1 400 Before After 3 LI J 10 /1 1.>/ 1 /5 0 P 7 I b LI 'i J.. ? f ).. I / w~ I "\ 11 "".,1 / I .~ / I V / wjC I i "'-.. /'i ].... "- /1 'j., i } . I --1 '1 f/ t/ 11, ? 3 ? '). 3 ? ? 5' i .? .\.; 3 Vi/ 1\ 5' (: i. 1 ).. :3 : .~ .A , 3 : "3 ",-,I 4?- w~ "-J V L lj I (; ) , / C t ) Y I If I )J ':L / '( 3 IV :). /J 'J- /j.., '-/ 11 j /J -i (;. 12 S- I{ 7 It:> : 7 /I I / {;) IJ , 9 /J.. . I () / I I ).. /1. ; i 410 420 430 440 450 460 470 480 490 -I.> 500 510 520 530 540 550 560 570 560 590 ~ I.? 600 610 620 630 640 650 660 670 680 690 - J..j 700 710 . 720 730 740 750 760 770 780 790 800 Notes: wr;:: weight of rod ., r..............,... ......................... ...... Tile)."'" URETEK ICR, FIELD MEMO Date: \- 'Jd.-()7 i leR #; ~~ ',-6"" Client: c..1 ~( ~~ ~1U"ttlO ~'Pr \t Contract # PO#: WO#: Project: ~~~~\l...:~(""nT") lJ..) ~ ~unCk\~~ ~. I 3 ]:....").y:o~~ I I , I ~ ".l:I....~ec... 90S. J 'I :P..J~eL~ )~J I ! Jb"i-T Q~~ '7~T PFFP ~()+t- \)EFf1 Cou nter 3)D~ Factor .6 Total LS's I~h/ .-;l. Z -~-5! J4. L<' (' :A:(1fX ! Uretek ICR I I I I I i i ......1 I I I..., roo,....,,....... ..JU u~Tn:c ?nn? nT U~~ PROPOSAL FROM: SOUTHWEST PRESSURE GROUTING, INe. 4739 Pinfish Conn Bonita Springs, FL 34134 J anllBt'Y 6, 2007 . Page 1 of2 #2007-01-04 PROPOSAL SUBMITTED TO: JOB NAME: Chaz Euipment ATTN~ Tom Vitale, Jr. 3180 Fairlane Fanus Rd, #1 Wellington. FL 33414 Boynton Beach Lift Station TEL: (561) 333-2109 FAX: (561) 333.2180 CELL: (561) 719-4625 tommy@c~equipment.c()m We hereby submit specifications and estimates for pressure grouting immediate area around lift station, as discussed. lbis work will be performed by placing %" grout pipes into the soils at a depth of approximately 24' around the lift station. Lifting is not reqtpred. A cement base grout will be pumped under controlled pressures to stabilize and i solidify the soils with the intent to stop erosion of soils and settlement. Our proposal is to fum:ish equipment, material and pemonnel for the above referenced for the sum of fifteen thousand two hund.red dollars ($15,200.00). Payment in advance shall be as follows: Three thousand seven hundred dollars ($3.700.00) upon acceptance of Proposal. Balmlce in full upon date of job completion. No retainers held. *If it is found void is larger than anticipated) and additional m~eria1 is needed beyond the projected amount, cost will increase accordingly. This will be determined onjob-site vvith approval by ~ Equipment and Southwest Pressure Grouting. 1: . cOl 6e.Ea-~.6-SE2 ~'t"pJ::'J:~ '>1O~'" "EO=60 La 90 1..l1ltC Page 2 of 2. ITEMS TO BE FURNISHED BY CONTRACTOR: 1. Water 2. Access to job site, and continuous work 3. Place to wasb out equipment on job site) as nCl~ed I SOUTIlWEST PRESSURE GROUTING lNe. WILL NOT BE RESPONSIBLE FOR: I. All underground utilities 2. Cosmetic work 3. Damage to landscape Ol' driveway i All material is guaranteed to be as specified. All wo* to be coPtpleted in a workmanlike manner ac:eording to stancltmi practices. Any alteration or clIevilltion from the abOVQ specifications involving extfa eo~ will be executed only upon written orders, and will become an extra charge over and above the estimate. All 8gteements contingent upon strikes, accidents or delays beyond our control. Ibis propo~a1 subject to acceptance within 30 days and is void thereafter at the option of the unders~gned. j AUTHORIZED SIGNATURE: The above prices, specifications an conditions are ut:i~ory:and hereby accepted. You are authorized to do the worlc as specified. Payment will be made as outlined on page 1. ACCEPTED: SIGNATURE: DATE: aod seee-l....s-se~ ;jIIrWp$':~ '>IO~.J B'!;:O:SO LO 90 u~r FACSIMILE COVER SHEET CHAZ EQUIPMENT COMPAlIV, INC. I 3180 FAIRLANe FARMS ROAD, UNIT 1. WELLINGTON, FLORIDA 33414 (T) 561-333.2129 (F) 561-333.2180 ~/ ATTN: COMPANY: FAX#: FROM: DATE: iotal number of pag- Including this Bheet:0 IG!~ - I COMMENTS: ~ ;/~/,..- / ( - This racsimile contains PRIVILEGED AND/OR CONFIDENTIAL INFORMATION Intended for the use tne Addressee(s) named ebove. If you are not the Intended reclplent of this facsimile, Of the employ~e or agent mponslble for delivering It to the Intended recipient, you are hef1lby notlfled that any dllsemlnatlon or copyln; a1\ thlll f8C11lmlle I. strictly prohibited. If you have received this facsimile In error, please immediately notify UG by telephore and return the original facsimile to us at the addreu billow via the U.S. Poetal service. Thank you for your oooperltlon. U.&.'*~'~\I""f ~....... ~__ .1_-...... I........ ......__ ... __ ____..-_____ Hayward Baker Inc. 2300 W. Si\mpl~ Road, Suite I 02 Pompano Bl!il;h, FL 33073 HAYWARD BAKER Geotechnical Construction Tel: 9SH77-B117 Fax: 95~-977-B 121 January 12, 2007 Chaz Equipment Co., Inc. 3460 Fairlane Farms Road, Suite 8 Wellington, FL 33414 ATTENTION: Mr. Gary Czajkowski SUBJECT: Chemical Grouting Boynton Beach Pump Station Intersection of Sandalwood Dr and Buttonwood Lri Boynton Beach, FL HBI File No. T-07-9901 Gentlemen: Hayward Baker, Inc. (HBI) is pleased to present this propoul for ~hemical Grouting on the above referenced project Our opinions and statements regarding this project shall remain confidential to yourself and shall not be made available to another party without Jhe expressed written consent of HBI. All concepts and procedures stated in this proposal shall be deemed as intellectual property of RBI. We have performed this evaluation in a manner consiste~t with the standard of practice exercised by members of the geotechnical engineering community practicing in the site area. This quotation is based upon the following: 1. Site visit by Joseph Mann ofHS! on January 10,2007 2. Attached sketch by HBI INTRODUCTION The City of Boynton Beach has contracted with Chaz Equipment Co., Inc. (Chaz) for repairs to an existing pump station, The pump station consists of an 8 foot di~meter vertical pre-cast pipe to a depth of 21 feet below ground surface. Several cracks aroupd the station were pennitting groundwater to flow into the structure, and the groundwater wa~ noted to be carrying soil. The cracks in the pipe have since been repaired and sealed by Chaz. Hqwever) depressions in the asphalt and surrounding grounds are apparent at the subject site. This, combined with an unknown duration and volume of soils that were transported through the station. hais prompted the City of Boynton Beach to assume the presence of voids in the soils surrounding the station. ".LLER CllirQl'nlil . ColoI"do . Flol1da . GeOrllr., . IIlinoi; . Iowa M~l'ylnntl . M.'~$:\~I\\,I:;1:1l,\ . N_ J-I''''*Y . N_Ya,-K . NOI'Lh C~I'oIIM "le''It\e',;sec . 't~l<<l1; . W~!>hingLon . British Columbia' Me>lK:o Cily.I"lcxico WWw,h~YWirr;lbikvr.~Qm ~q"'11 Ll'~IOII""ly r,'"/lIo:'c1 IJl/.i.LIJ..V\.11 Cl\.J. ,I.,JU ~^...... ...~..J.~f'lJ......... ...-. ....1 --......--......--............ Chemical Grouting Boynton Beach Pump Station Boynton Beach. FL J al'lUary 12, 2007 Page 2 Chaz asked HBI to review the project and provide a solution to ensure the City of Boynton Beach that no voids were present in the soils sl.lrrounding the station. FIB! hereby offers its proposal for chemical grouting on the above referenced proj ect CHEMICAL-GROUT PROGRAM PURPOSE AND SCOPE The purpose of the chemicaJ grouting will be to adhere the gran~lar soils surrounding the 8 foot diameter pipe into a coherent mass. The chemical grout will permeate site sands containing less than 10% fines, significantly reducing the permeability of the soil. GROUT MATERIAL The chemical grout to be used is GELOC-4, a. sodium silicate~bas~d grout used extensively for the past several years. GELOC-4 is a proprietary product of Hayward Baker. Over three million gallons ha.ve been plaoed successfully in the u.s. The grout has a. viscosit~ of 4 to 6 centipoise, al'ld can be regulated to gel in 2 to 50 minutes. GELOC-4 is permanent, nOQ-toxic, non-corrosive, and non- odorous. It will be formulated on this project to contain 50 percent $odium silicate, 8 percent organic reactant, and the balance water. GROUT PIPE LAYOUT AND INST ALLA TXON Vertica.l sleeve port grout pipes will be installed. Angled grout pipes may be installed ifnecessary to avoid underground utilities and meet the proj~ct scope as describ~d herein. Sleeve-port grout pipes have one-way ports along their length. The sleeve pipes are installed by drilling a nominal 3~inch diameter steel casing. filling the casing with cement-bentonite slurry, and then inserting a nominal I-inch diameter sleeve pipe into 1he casing to full depth. The casing is then withdrawn, and the slurry hardens to form a brittle seal ill the annular spaces between the sleeve-port pipe and the soil. The sleeve port grout pipe installation reduces the amount of grout comml.Uiication to the surface a.nd insures proper penl1eation. CHEMICAL GROUTlNG PROCESS Grout Volutp.,es.: The volume of chemical grout needed to solidify a zone of granular soil is calculated by assuming that the grout flows radially from the inj ection point Using a spherical flow model and the maximum grout take of2.5 gallons/c.r. of soil. the required maximum design volume can be calculated. A design spherical diameter of 3 feet was chosen on this project. Therefore, the design volume for each injection port will be a maximum of35 gallons of chemical grout. Based on a 3 foot design sphere, a smaller 2 to 3 foot grout pipe al1.d grout port spacing was chosen. The smaller grout pipe a.nd grout port spacing will allow for overlapping and a continuous chemical grout mass between grout pipes. For additional information, refer to the attached sketch. HAYWARD BAKER Ai l(lIIl1grCamfUC'J' U..fJ..~f.c.vu, .ft_ Chemical Grouting Boynton Beach Pump Station BoyntOll Beach, FL January 12, 2007 Page 3 Grouting EQui.,pment: The chemical grout components will be sto~d in separate containers located within a chemical grout plant tanker. The components will be continuously mixed using a series of varia.ble pumps. The chemicals are thoroughly mixed and the gd1ation process begins, Using a ' variable speed positive displacement pump the chemicals are transported to the grout manifold and the grouting operation proceeds in several holes at once. The manif~ld contains a valve far sampling the grout as requited. Iniection Process: When grout injection begins, B double-ended packer is inserted into a grout pipe and placed at the appropriate sleeve-port elevation. A short burst ofhigh-pressure water is used to crack the cement-bentonite seal around the grout pipe. Several packers placed in different grout pipes are connected to a grouting manifold which distributes gJout mix under pressure to the individual grout pipes. The manifold uses optical flow meters and pressure gauges for monitoring flow and pressure at each grout port, Grouting continues on a given sleeve-port until the design volume has been placed, or grout refusal is attained. Upon completion at an individual port the grout packer is withdrawn to the next grout port and the injection continues. QUALITY CONTROL All injection data will be recorded on a grout manifo Id report. Thi ssheet is the technician's working sheet for recording activity in each grout pipe. Submitted daily for all completed grout pipes, each sheet corresponds to each grout pipe and contains the following: Pipe No, Date Sleeve No. and Elevation Injected Volume Design Volume Pressure and Flow Readings Remarks This data will be reviewed in order to detennine the stability and formation of the chemical grout mass. TECHNICAL CONSIDERATIONS 1. Soils: HBI has assumed a clean, fine sand at the subject site, A severe underrun in the planned grout quantities may indicate a dirty soil which cannot be chemically grouted. If the soil contains fines (silt and clay) it will limit the porosity, and thus, the success of the chemical grouting program. Therefore, a geotechnical engineer should monitor the chemical grout injection and evaluate the effectiveness of the chemi~al grout p1'OgraIn. HAYWARD BAKER ,,~ CGIl1jlI,,!, 'oJ..... f _... f .. U \01' ... ......... Chemical Grouting Boynton Beach Pump Station Boyntol1 Beach, FL January 12,2007 Page 4 2. Working Grade: HBl is expecting to work from ground surface surrounding the pump station. To a.ccommodate HBl's equipment, we envision that 2 sides of the surrounding chain~ link fence will need to be removed. CONSTRUCTION SEOUENCE 1. Access for HBrs chemical grouting equipment is provided by others. 2. RBI mobilizes to the site. 3. HBl performs chemical grouting to the satisfaction of the Engineer and Contractor. 4. HBl demobilizes from the site, LAYOUT RBI will detennine an initial grout point layout. The location of all underground utilities shall be provided by others. HBl will use this layout to locate the grout ptJItnts in the field. TESl'lNG AND INSPECTION HBI has not included the cost of allY testing, certification or inspection. All testing, inspection and engineering is to be provided by others, SCHEDULE We estimate the work could be completed in a two week time frame. ACCEPTArlCE OF WORK IfHBI is directed to mobilize and perform the work in the absence of a fully executed contract, the conditions of this proposal shall govern and this proposal shall become the contract until such time that a fully executed contract is in place. By proceeding, RBI will incur costs associated with off-site preparation and mobilization for which it is entitled to payment. HAYWARD BAKER It. ~tf CO\1I(WO' 01l1:;1/2007 l1'RI !l131 FAX J.~::HI~' IlIJ.".!. J:oJJ!I.L 1"'1::. "'1i~r;>t:I.r;>."'l;l lIIrJuuur "'1tI.. Chemical Grouting Boynton Beach Pump Station Boynton Beach, FL January 12, 2007 Page 5 We have attached our schedule of prices and list of conditions herein. This letter and its attachments constitute HBl's proposal and will be made a part of any contract between Chaz Equipment Co., Inc., or the City of Boynton Beach, and RBI. The acceptance of the pric~ of this Proposal shall evidence the concurrent acceptance of all terms and conditions recited herefn or incorporated by reference. Any resulting contract will not include any other agreements or dOcfnents not specifically given to HBl and referenced herein. We trust this proposal is of interest to yem and we look forward to being of service. Ifwe can be of any assistance in clarifying any points in this proposal, please COlltact us at (954) 977 - 8117. Sincerely, HAYWARD BAKER INC. >A All. Joseph A. Mann Project Manager J AMJam HAYWARD BAKER A .c.ov t:'''''IpMI, Ol./l2/2007 PRI 51L 3l FAX l5154' 1711.J.":~ M.liIJ; ~1;. .a..1I1oig,l:n;I;I,/U.Cl WJ'W \,I f ( '" "".. Chemical Grouting Boynton Beach Pump Station Boynton Beach, FL January 12, 2007 Page 6 SCHEDULE 9F PlUCES Hayward Baker Inc. (HBI) proposes to perfonn the work described ~ the accompanying letter for the lump sum price of $75.000 subject to the following terms and conditions. CLARIFlCA TJONS 1. Required survey and layout of all underground utilities by others. 2. Water and access to be provided by others. 3. Vehicular and pedestrian traffic control to be provided by others. 4. HBI has assumed one mobilization in their price. Any additional mobilizations will be billed at $15,000 each 5. The proposed scope of work will create a coherent mass of the 3 feet of soil surrounding (but ~ beneath) the station. If, per the Engineer or the Owner, additional chemical grouting is requested, it would be billed at the following rates lTltM !!2: DESCRIPTION 01 Drilling ~ LineaJ Feet UNIT PRICE $18 02 Grouting Gallon $8 HAYWARD BAKER A l(.Ult' C:~tn1 V1./.~("'VU' ~~... :I'..:iII'" /".~ "';I~"'~rrliiil'''41~ C'3.Q1.L ....... ....ar......LoI....U....1iiiI -,,\lW"',lJ.'" Chemical Grouting Boynton Beach Pump Station Boynton Beach, FL January 12, 2007 Page 7 SPECIFIC TERMS AND CONDITIONS The following facilities and services are to be provided to HBI by others free of all costS to HBI: Site Acc..ess; Preparation and maintenance of dear, well drained, uninterrupte~ access ways and working platforms suitable fer HBI equipment moving under its own power. Access inc.ludes ad~q~atc ramps at suitable levels and should be available at the time and to the ex.tent necessary to suit HEI's Qpel'a.tiOlls. i I Seq)1ence: Work is to be made available in a sequence that will enable HBI to work efficiently and systematically without restriction, Proirc!lllion of the Vi ork: HBI's proposal is based upon canying out the work in ~n unobstructed maMer durins regular worlcing hours, Monday through Friday, in a single uninterrupted visit to the I site. HBI reaerves the l'ight 10 work overtime or weekends llt BBl's own discretion without incurring charges ror inlJp~ction, site overhead or other conseq.uential charges. In the event that RBI's work is interrupted for any r~son beyond our control HBI shall be compensated at the rate of$5,000 per shift. or $600 pel' hour for standby of the crew and equipment. At the prosent time, >>Dr Bnticipates commencing work on-site within three weeks after receipt of a written order to collllt1ence work. It is anticipared that the work will require two weeks to complete. ~ite Pre,ptta!ion and MaJntenance: Removal of all surface or subsurface top~it. brush, orsanic material and other unacceptable material in accordance with the requirements of !he contract docuPtents. Rough grading of the site prior to treatment and any grading necessary during treatment to pencit movement of HBI's equipment. Working areas will be level to within one percent, and this may requ*,e excavation, pl'ovisioll and placing of fill to proper levels of compaction. Water COIW.'ol: All work neccssary to eontl'ol e.nd maintEl,in the site and excavation frl!lC of ground or surface water problems as they relate; to HBrs operations. Sil;1: Work: The work under this proposal does not include any excavation, g.\'8~ng or sealing Workrequired On the site to l!lsrnblish a wOl'kil18 platform or to l'Cstore the site to the original 01' finished grade. All such work is to be furnished by others in a timely manner, so as not to lrl.1pede the progress of the work or cause damage to the fillished work. Excavation and Spoil Remov!l1: All n~cessary excavation and disposal, including removal of solid and liquid waste mllterials resulting from the work. . Trame Control: All pedestrian and vehicular traffic control including signs ani! barricades, if and when required. Ytilities: Location of utilities is not included in rhe scope of work of HBI. The Owner or Contractor is obligated to ensure that all utilities ue property located including the proper notification ofany utility locating service applicable to the wOl'k. Fu~thennon~, it is possible that damage may occur as a result ofheave,.gettlen'lCnt or intrusion caused by gl'out material due to the unforesec-able condition ofthe ground Qr utility. FOr this reas~ HBl cannot accept responsibility for damages thus cau.'led. Layout: Survey and field layout of all necessary lines and gl'ades from which RBI's work can be established. Any post construction S\lrvey of the work shall .Iso be performed. Ell,gimerins; All plal1s, specifications Bnd desiglls necessary fol' tbe work. Pel'm!ts and Easements; All site permits and easements l'l:ilquired to legally perfonn the wod(. HAYWARD BAKER """If,,~ Ol/12/2007 l"RI !1lL,j~ ~'Jl.lI. .L~~"':.r 111l.l..o::.1. /'11:1.1. ,n;, ~Clu"Clrl.Le<J.'=' 'lUlU u:r, \J.&..l. Chemical Grouting Boynton Beach Pump Station Boynton Beach, FL January 12,2007 Page 8 Water SupDly: Adequate: supply of cleall. fresh potable water supplied to within 100 feet ofHBI1s OpCl'lltions at the fare of 50 gpm a~ SO psi. Sanit8.ty Facilities: On-site sanitary facilities for the use of HB! employees, ~bor Affiliations: This propoul is made with tne underatal1du1g that HB! wil1,employ open shop labor. In the event that union labor must be used the client will pay for any cost differentiaL Vibration Liabilitv: !fiX cannot accept any liability for di9turbance to existing structllreli and their inhabitants on 01' near the; site. HBI requir"9 that the; Owner/General Contractor indemnify I"IBI againllt~ny and 1111 claims for such disturbancl:S and also take precautions a8 necessalY to avoid any such claims. This may include vibration monitoring, excavating trellcheS around tho affcoted area, etc, Hazardous Material: In the event that Hal encounters any hazardous material on the site, Wllich has not been render~d hannless, HBI shall immediately stop work in the area affected and report tne condition in writing to the Ownel' and Engineer. To the fullest extent permitted by law, the Owner and Contractor shallindemJufy and hold hamUC9s HBI, their agents, consultants, and employees from and against aU claims, damages, losses ~d expenses, including but not limited to attorney fel!ls arising out of 01' resulting fl'on1 performance of the work in Lhe affected area. The following additional terms .and conditions will apply to the proposed ~ork: Liauid.a.ted Damal!es: The Own~r or Contl'actor shall not be entitled to any liquidated damage, delay damage or other time related penalties arising from the WOt'k. Sodium Silica.te Curin2: The streng1h of Sodium smcate grout incl'eases with time. When used as excavation support, it is recOIIlIru:nded that the grouted soil be permitted to cure a minimum of Seven (7) days prior to excavating the adjacent &oils. ~: Thr; cost gf a bond pl'emhlln is not included in the cOIltract price, HBI will nlmish a Paymellt end Perfol'mance Bond at our cost, if'desired. Payment for any bonds furnished by HEl will be invoiced separately at the time such bonds are furnished. Confidentiality: All Sfjecifications, drawings, price and technical data submitted by HBl tlre to be trelltod as contidential and shall notbe used for any purpose other than the evaluation ofthis bid, nor shall such infonnation be disclosed to any third party for ally purposes without the express wl'itlen COnsent ofHBl. Snch infolmation shalll'emain HBI's property al1d be returned to HBl upon demand. Pe,rioo;Lof Accetltance: This Proposal is offered for acceptal1ce for a period 000 dayS. Exclusions: k1y items of work not specifically included in this proposal shall not be the l"l!lSpon!libilhy ofHBl. GENERAL TERMS AND CONDITIONS Payment Tem,,,: l)rogress payments will be: llubn1itted rnol1thly and shall be payable within 30 days of the invQice date. All other i1mO\lllt9 due, including retention (if any), will be paid in full within 45 clays of substantial completion ofHSl's work., regardless of the: anticipated project completion date. An interest charge of 1-1/2% percent per month will be addcd to invoice I1mOul~tB not paid within 30 clays from date of invoice. All costs of coUectioll, including attomeys' fees and court costs, will be added to \lnpaid invoice anlQunt HAYWARD BAKER /<lWlOtc_r OJ,..{.L""~UU' l!ft.~ :l1~," .I:.noft. ...,1_...".....___ ___ __. ~~~....-~__~___ Chemical Grouting Boynton Beach Pump Station Boynton Beaoh, FL January 12, 2007 Page 9 Changed Conditions: Notwithlltanding all clauses of this contract, ifHBI, durin$ its work, \lIl~01.lnters 1) subsul'face or latent physical c.ondiul)ns which differ from those indicated in this Agreement, l)~ 2) unknown physical cOLlditions of an unusual nature, dJfferifig from those ol'cUnarily encountered, then HBI shall be entitled to an Dquirable price and schedule adjustment to compensate it for such changed condition. Insurance: JIB! will provide the following insurances within limits as shown. Comprehensive General Liability: I (Combined Single Limi~ Bodily Injury and Property Drnnage) Automobile Liability: . (Combined Single Limit, Bodily Injury and Property Damaj:e) W orkmatl'6 Compensation: $1,000,000.00 $1,000,000.00 Statutory Force Mai.lure: RBI c:anno~ accept any liability for default or delay in the completion ofthc WOl'k when caused by strike, riot, war, or Act of God Or other similar circumstances beyond HBl control. ymitation of L.iabilitv: We will pertonn the work in a professional ltWUl.er in cooperation with soils engineer. However, we cannot accept liability on any furtheI' dllmage to tho $tJUctUr6, lancJscaping, utilities, french dnlns, septic systems, wells, etc. and/or any cOIl5equc::ntial dap18ges that may result from the normal performance of the work. All utilities and other services left in pltlc~ shall be located, exposed, and ShOWOllO our on 11l[e rcpresentati\lc prior to commencement of work. ! I.:~abili~: No liability can be accepted by HBI, nor shall HBl accl!:pt as in any ~y responsibility fo\' defects of any kind whatsoever arising from a causo which is outside HBI's ilnmediate control or knowledge, Or for any fault in the junction between HBI's work Bnd subscquent work carried out by others. Indemnity: Subject to the terms of the Liability Clause above, and to the correct soil conditions having been provided to us prior to our wod; HBI shall indemnify and insure the Owner and/or Contract~. front and against all claims, darnaees. losses, and expenscs, but only to tbe extent of the nesHgencE! ofHBI, and provided that a11Y 8ueh claim, damage, loss 01' expense is attributable to (1) bodily injury, sickness, disease or death. or to (2) ~he injury to or destruction of tangible property (other than the work it$elt) fmd only to the eJC,fellt such claim is oovered under the Commercial General Liability Policy of HEl. ' Standard Construction Contracts: As an alternate to accepting RBI's proposal as the COntract docUIDMt, RBI considers the "Standard Form Construction Contract" u prepared jointly by AGe. ASA and the ASC, 1994 Edition to be balanced and fair to all parties. Such contract, with no changes to the standard text th~eof, along wilh this proposal and the specific documents herein, could form the conlnct for the work herein pl'Oposed. Any other contract fonn wil11'equire oW' review. Where incorporated into a contl'act, this proposal shall supercede aU conflicting terms of sucb a contract. HAYWARD BAKER ^_ea." U J. I .L if. f .. U \,/, ,I; ...~- -,.. .. TITLE PROJECT PLAN VIEW Treatment Areo 8'-0" Prllccst wet Well Structure S . A - A' ectlon Ground Surfoce Notes: 1) Drawing based on site visit by Joseph Monn of HBI on 1/10/07, CHEMICAL GROUT HAYWARD BAKER .. 1o(.lt.,. CI.,...jII.~ BOYNTON BEACH PUMP STATION +LE. 2300 W, Sample Road Sulle102 Pompano Beaen, Ronda 33073 (954) 977-a117 (p) (9511) 977-6121 (f) Hayward Baker, Inc Fax To: ~~ {"ZcUk.~sL' Fax:' .5'1 3gg ~I ~ Phonel -SGI 3S 3 r;( 10'1 R8; Betn-/o" ~~ Rmp S~i:~n From: ~~'h l'1C1tV\ /1 //J:<107 Pages: Datel ee: o Urgent CJ For Review CJ Please Comment ~Please Reply 0 Please Recycle . Comments: ,Pkc.$t.. ~o// 10. c1~cf..)sS and fACJnJ-yo0 ~(" yovr ) LOr"lS ~ d~rc:,+ ,'0,<'\ . . , 0" VI.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) [8J March 5, 2007 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 0 February 13, 2007 January 22, 2007 0 April 3, 2007 Date Final Form Must be Turned in to City Clerk's Office February 12,2007 (Noon) a -..J March 5, 2007 (Noon) ." rr1 CO March 19, 2007 (Noon) _ N 0 Announcements/Presentations 0 City Manager's Report 0 0 _. NATURE OF Administrative New Business AGENDA ITEM r.~.) [8J Consent Agenda 0 Legal ~. .) 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: A motion to negotiate a contract with APPLIED TECHNOLOGIES & MANAGEMENT, Inc. of West Palm Beach, Florida. RFQ# 021-1210-07/CJD "FACT FINDING AND EVALUATION STUDY OF THE SOUTH LAKE WORTH (BOYNTON) INLET". "v C") c>=i ::;-< -(0 .;> " co .110 "2-< ;~ o "j ",,(--,m --'P1 ---:J."..., ..--~ .'e) :::: EXPLANATION: On November 29, 2006, Procurement Services opened and tabulated seven (7) proposals to our RFQ, FACT FINDING AND EVALUATION STUDY OF THE SOUTH LAKE WORTH (BOYNTON) INLET. An evaluation committee was formed and reviewed all proposals. The committee consisted of: Jeff Livergood, City Engineer, Carisse Lejeune, Assistant to the City Manager, Tom Warneke, resident, Donna Brosemer, Consultant, Michael Bornstein, Hypoluxo Town Manager. It was determined by the committee that a presentation would assist in making a final determination as the most qualified consultant to prepare the Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet. A scoring system was utilized to evaluate each consultant against requirements established in the RFQ. All the consultants were ranked based upon the evaluation criteria. Attached are the ranking sheets ranking Applied Technologies Management as the number one firm to negotiate a contract with. The second firm was Coastal Planning and Engineering, Inc. and the third company was Sea Diversifed, Inc. It was a unanimous vote for Applied Technolgies and Management, Inc. PROGRAM IMP ACT: To help define what measures would improve boater safety, and improve water quality without significant changes to tidal stages. FISCAL IMPACT: Not to exceed $160,000.00 that will be reimbursed by the South Florida Water Management District. ALTERNATIVES: Not to go forward with the South Lake Worth (Boynton) Inlet Study and allow the inlet to continue to be hazardous to boaters, result in loss of land for recreational use and negatively impact water quality and the environment. C: Carisse Lejeune - Assistant to the City Manager Jeff Livergood - City Engineer File CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM .b!~p City Manager's Signature A"i,tmt ro ~Jij;;;( ::::;- C;ty Attorney / Hnmee ~ 73 Procurement Services Department C: Carisse Lejeune - Assistant to the City Manager Jeff Livergood - City Engineer File GENERAL INFORMATION SCOPE OF SERVICES: The objective of the study is to help define what measures would improve boater safety, and improve water quality without significant changes to tidal stages. The Scope of Services is the means by which the Objectives are to be evaluated and addressed. This list may not be all encompassing, and any additional specific means must be approved, in advance, by the Project Manager. It is expected that all coordination of activities will be conducted through the Project Manager and the Department's assigned liaison(s). Information and/or work documents, obtained through this Scope of Services, shall be distributed only through the Project Manager as deemed appropriate. SECTION 1 -INTRODUCTION! BACKGROUND This contract provides for cost-sharing with the City of Boynton Beach on a fact finding and evaluation study of the South Lake Worth (Boynton) Inlet. The objective of the study is to help define what measures would improve boater safety and improve water quality without significant changes to tidal stages. In 1915, the South Lake Worth Inlet District was created by the Florida Legislature under Chapter 7080, Laws of Florida. The Legislature authorized the District to construct and maintain an inlet which would connect the waters of Lake Worth with the Atlantic Ocean, "and all other works necessary and proper in connection therewith". On May 24, 1996, Chapter 96-466, Laws of Florida repealed Chapter 7080 and abolished the South Lake Worth Inlet District giving all property and property rights to Palm Beach County, saving that ".. .benefits of the inlet extend beyond the boundaries of the district." South Lake Worth Inlet was originally dredged in 1927. The South Lake Worth Inlet is an improved artificial tidal inlet cut through the barrier island. The inlet is located within an unincorporated area between the Towns of Manalapan and Ocean Ridge. The purpose of the inlet was to improve water quality in Lake Worth; however, the inlet also has been used heavily by local residents for boat access to the Atlantic Ocean. Efforts to stabilize the hydraulics of the inlet and improve navigation have included raising the jetties to 12' MLW in 1938, as well as, their seaward extension in 1967. SECTION 2 - OBJECTIVES The proposed study will evaluate the South Lake Worth Inlet to improve boater safety and water quality in Lake Worth. Sections of the study will include but will not be limited to data collection, studies, models, analysis and engineering evaluations necessary to improve boater safety, water quality and tidal effects associated with the inlet's status quo or modification. The 3 study is expected to provide the Boynton Inlet Committee with quantitative results to assist in determining the feasibility of expanding/deepening the South Lake Worth Inlet, including consequential changes to adjacent areas i.e. ebb tidal shoal and sand transport effects. SECTION 3 - SCOPE OF WORK The purpose of the scope of work is to technically support the Committee's efforts for consideration of inlet improvements. Areas to be covered as part of the scope include: Storm surge, velocities and distribution of velocities within the inlet, Boat users and Boating accidentlincident records, ebb and flood tidal shoal data, water quality and exchange information, plotting of existing seagrass maps, sea state information, beach erosion, environmental issues, and impact on affected stakeholders. Total payment by the District shall not exceed the amount of $160,000.00. Task 1 - Perform a complete hydraulic model analysis of various conditions affecting South Lake Worth Inlet, Intracoastal and residential waterways within 112 miles of the inlet. This work shall include: C-16 discharge rates and timing, evaluation of velocity and tidal flooding, flushing effects and potential changes to beach erosion/accretion trends; data collection; analysis and engineering evaluation. Boating accident data should include type and location, frequency and conditions, with an indication as to what improvements to the inlet would reduce boater incidence and by how much. Task 1 Deliverable One (1) copy of the preliminary H&H report and supporting data Task I Performance Period: 120 days Task 2 - In report format, the study will include details of anticipated benefits/impacts at various widths and depths to boaters, potential changes from storm surge and tidal stages that would provide a comparison of potential impacts to all affected properties within the study area, as well as, providing expected water quality changes. Expected effects to the ebb tidal shoal should be discussed as well as sand transport across or into the inlet. The report shall also include an estimate of cost of each option or recommendation. Task 2 Deliverable Draft report and Cost Estimate, and draft presentation Task 2 Performance Period: 45 days Task 3 - Recommend mitigation for negative impacts. This should focus on tidal stages, channel velocity, boater safety, loss of land for recreational use and water quality enhancements for the environment. Task 3 Deliverable: Report on recommended mitigation Task 3 Performance Period: 45 Days 4 Task 4 - Final presentation to the Committee shall include comments from Stakeholders and codified in a formal document. Task 4 Deliverable: Final Report and final Presentation Task 4 Performance Period 45 Days SECTION 4 - PROJECT SCHEDULE The following is the anticipated schedule for execution of this project. However, due to committee constraints this schedule may be adjusted, as may be required. Task 1 - Data collection, studies/modeling, analysis and engineering - Task 2 -- Draft report and initial Presentation Task 3 - Recommended Mitigation Task 4 - Final Presentation SECTION 5 - PAYMENT AND DELIVERABLES All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the City of Boynton Beach within the not-to-exceed amounts specified below in accordance with the completion of each Task in accordance with Exhibit "A" Statement of Work requiremenh Periodic invoices, but not more frequently than monthly, will be considered for payment based upon the percent of each Task complete. The City of Boynton Beach is responsible for any additional funds either through local revenues, grants, other appropriations and lor other funding sources as authorized by the city commission. Task 1 - Data Collection, Studies!Models, Analysis and Eng. 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C/) I- Z W ~ ~ o () 400 S. AUSTRALIAN AVE.. SUITE 855 WEST PALM BEACH. FL 33401-5045 (561) 659-0041 FAX 659-3733 WWW.APPLlEDTM.CDM November 29,2006 Carol Doppler, CPPB Procurement Services City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 RE: Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 021-1210-07/CJD Dear Ms. Doppler: Applied Technology and Management, Inc. (ATM) is pleased to submit this response to the City of Boynton Beach (the City) for the subject solicitation. ATM is a coastal engineering and environmental consulting firm specializing in unique coastal and marine related projects in the Southeastern United States and the Caribbean. Our qualifications for this solicitation include: Complete in-house capabilities - ATM recognizes the wide range of service needs under this solicitation. Our staff of engineers, scientists and surveyors is uniquely qualified to efficiently provide the breadth of skills required. ATM has the ability to provide all of the needed services for this solicitation. Experience with Florida coastal and marine projects - A TM has been working on similar projects within Florida and Palm Beach County for over twenty years. We currently are working on active coastal, marine and dredging related projects for Indian River, Martin and Palm Beach counties, as well as for private clients statewide. Experienced and available local staff - ATM has local, professional staff and resources to provide complete, comprehensive and timely service to meet the needs of this project. Available Resources - ATM has existing environmental, engineering and marine related databases and studies that can be utilized for this project. This includes comprehensive mapping of seagrasses within the project area. Utilization of this existing information represents a significant cost and effort savings for the project. Thank you for considering ATM for this solicitation. We look forward to hearing from you. Please do not hesitate to contact me at (561) 659-0041, if you have any questions or would like any further information. This proposal is made without collusion with any other person or entity submitting a proposal pursuant to this RFQ. ~~ Michael Jenkins, Ph.D., P.E. Coastal Engineering Team Leader Enclosures: One (1) original, Five (5) copies Environmental & Coastal Engineers, Scientists & Management Consultants Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 02 1-12 IO-07/C}D I. Company Overview and Experience with Other Projects Applied Technology & Management, Inc. (A TM) provides coastal engineering, marina design, harbor & waterfront development, and environmental engineering and sciences to public and private clients. A TM is a corporation organized under the laws of the State of Florida. Founded with a single office in 1984, A TM has grown to a staff of more than 100 in eight strategically located offices in the eastern United States. ATM has been providing comprehensive coastal engineering and modeling services to clients within South Florida and Palm Beach County for over twenty years. ATM's Florida offices are located in West Palm Beach, Cocoa Beach, Gainesville, Tallahassee, and Jacksonville. The West Palm Beach office focuses on marine, estuarine and coastal related projects and will serve as the lead for this project. ATM's engineering group includes more than twenty Registered Professional Engineers, two Professional Geologists, Ecologists, Environmental Scientists, and a Professional Surveyor/Mapper. Fully one third of A TM's engineering professionals possess advanced degrees within a coastal engineering related field. Our technical professionals deliver a range of high-level services to projects throughout the United States, the Bahamas, Mexico, the Caribbean, internationally as far away as Dubai, China, the Ukraine, and Africa. ATM assists our clients with complex environmental and development issues in oceans, waterways, and along the shoreline. From the development of innovative dredged material management solutions, assessing the hydraulics and hydrodynamics of water bodies, designing the nourishment of depleted beaches, and planning & permitting waterfront developments; we provide the strategic assistance and integrated approach assuring project success. Our experts guide clients in overcoming regulatory hurdles and avoiding costly pitfalls - from initial planning and engineering through implementation and beyond. ATM's broad array of technical support includes assistance with assessment, planning, management, permitting, development, mitigation, and compliance. Our services include: Coastal Engineering works with coastal clients on a host of erosion, storm protection and navigation projects from beach nourishment to large port and harbor deepening projects to smaller recreational marinas. Our engineers assist clients with shoreline assessment, restoration, and management. Water Resources Modeling: A highly, specialized group of A TM engineers and scientists are responsible for the development and application of complex multi- dimensional hydrologic, hydrodynamic, water quality, and ecological models to solve engineering and environmental problems. In addition, this group provides expertise support to all the other ATM groups in model development, data collection and analysis, environmental impacts, and permitting. This experienced team is capable of solving a wide variety of problems involving the physics and Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 02 1-12 IO-07/C}D biogeochemistry of aquatic environments utilizing state-of-the-are numerical models, expert systems and GIS. Water Resources: Addressing the needs of government and private clients, A TM Water Resources services include stormwater management, permitting and design; stormwater master planning, water quality modeling; hydraulic and floodplain modeling; water quality monitoring; hydrologic analyses; wastewater treatment design; surface and ground water studies; aquifer testing; mixing zone studies; and water reuse studies. Marina and Waterfront Development facilitates the effective planning and design of waterfront development, renovation, and navigation projects. Environmental Sciences offer comprehensive ecological assessment, planning, and mitigation services to meet regulatory requirements for wetlands and estuarine systems. Environmental Engineering assists municipal and industrial clients with compliance-related planning, design, and permitting needs. Survey/Field Investigations provide field support in the collection of survey and environmental data. A TM staff includes a full-time registered surveyor. A TM's resources include a survey vessel, survey equipment (including RTK GPS systems), and ADCP current meters. PROJECT SPECIFIC EXPERIENCE AND CAPABILITIES For over 20 years, ATM has successfully completed coastal engineering and marine related projects with tasks similar in scope to this project throughout the Southeastern United States, Florida and the Caribbean. Qualifications specific to this solicitation include: Recent Projects of Similar Scope - A TM staff identified for this project have conducted a number of successful, recent projects that address the issues identified within this project. Projects of note include: Bimini Inlet. Bahamas - Persistent issues regarding boater safety and inlet navigability required the expansion and deepening of the inlet channel. A TM conducted the evaluation of pre-project conditions, identified and modeled project alternatives and impacts, successfully designed, permitted and oversaw the construction of the channel re-alignment. The project has resulted in a marked improvement in inlet navigability, safety and the marine-dependent economy. Midniaht Pass. Florida - A TM developed a comprehensive hydrodynamic and water quality model to assess impacts due to inlet stabilization. Ginn Sur Mer. Grand Bahama - ATM is providing engineering, modeling and environmental support for the construction of three new inlets and an extensive canal Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 02 1-12 10-07/CjD and estuarine system. ATM provided key development support services for Government approval. Construction is currently underway. Lake Worth Lagoon Seagrass Monitoring - Since 2000 A TM has conducted comprehensive monitoring of seagrass resources within the Lake Worth Lagoon for PBC-ERM. This data and analysis provide a comprehensive baseline for this study. Marine/Boating Related Experience- ATM is a recognized industry leader in marina design and engineering and has completed numerous successful marina projects. This experience and expertise provides A TM with unique capabilities and understanding of the needs of the boating public. Local Knowledge- A TM has conducted numerous, marina, coastal and environmental projects throughout the Lake Worth Lagoon and Palm Beach County. ATM-WPB staff have considerable local knowledge of the conditions and issues associated with the lagoon and inlet system. Comprehensive Modeling - A TM has complete and comprehensive model experience and capabilities including all aspects of hydrodynamic, coastal and water quality monitoring. A TM has provided modeling support services for a range of public and private clients including ongoing support to the South Florida Water Management District (SFWMD). Coastal Engineering and Modeling- ATM is a recognized industry leader within the field. A TM has successfully completed numerous coastal engineering projects including all aspects of the discipline including coastal inlet design and modeling. Interagency Coordination - A TM maintains successful and proactive relationships with local, state, and federal regulatory agencies. We understand the multiple hurdles required for project implementation and can provide positive and effective advocacy for this project. Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 02 1-12 lO-07/CjD REPRESENTATIVE PROJECTS The following projects provide representative examples of projects similar in scope to this study: Bimini Inlet Dredging Design and EIA Development, Bimini, Bahamas ATM conducted a comprehensive design and permitting effort in support of the Bimini Inlet Dredging Project. Chronic sedimentation of the channel into North Bimini had reduced the navigability of the channel and had a profound impact on the economy of the region. In addition to the design of an improved navigation channel, the inlet-dredging project included determination of the optimum plan for placement of the dredge disposal: sand dredged from the project was used for the renourishment of North Bimini beach; dredged rock material was used for construction of beach revetments and groins. A TM also developed an EIA document that provided an assessment of the value of adjacent natural resources and provided recommendations for how to reduce potential impacts to these resources. Project construction was completed in 2006. Midnight Pass, Sarasota Bay, Sarasota, Florida ATM was retained by Erickson Consulting Engineers, Inc. (ECE) to conduct a hydrodynamic model study to support the Midnight Pass relocation project. The model study served two main purposes: (1) provide a tool to aid the engineering design by evaluation of design alternatives and optimization of the inlet dimensions; and (2) provide a framework for evaluation of potential project induced environmental changes (e.g., salinity, temperature, estuary water residence time, sedimentation) and identify alternatives with the least adverse impacts and greatest potential benefits. The study utilized the Environmental Fluid Dynamics Code (EFDC) model. EFDC is a state-of-the- art (2D, 3D) finite-difference hydrodynamic model approved for use in marine environments by the Environmental Protection Agency (EPA). The model was used to simulate the hydrodynamics (i.e., water surface elevations, currents and flows), temperature, and salinity throughout the study area. The model also provides the framework upon which water quality model assessments were conducted. Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 02 1-12 10-07/CjD Assessment of Lake Worth Inlet Bypassing Alternatives A TM conducted a numerical model study to quantify the impacts to sediment transport and shoreline position from the current and proposed bypassing operations associated with Lake Worth Inlet. The intent of this study was to quantify potential impacts of various alternative and to determine an optimum bypass configuration. The GENESIS shoreline model was used to evaluate multiple alternatives for providing a better downdrift location of the bypassing plant's discharge. A TM provided unique solutions to the Town for incorporation into their Shoreline Management Plan. This project involved multiple agency coordination and technical review by colleagues external to ATM. Ginn Sur Mer, Preliminary Engineering, and Coastal Services, West End, Grand Bahama Island ATM completed multiple engineering, environmental and modeling tasks in support of a proposed major development in West End Grand Bahama (Ginn Sur Mer). The proposed development includes the construction of three new inlets and the interconnection of these inlets by an inland system of canals. An Environmental Impact Assessment (EIA) was developed and coordinated with the Bahamas Environment, Science, and Technology (BEST) Commission. This work included an assessment of existing coastal environmental resources including wetland delineation, coastal dunes and nearshore hard bottom resources as well as an assessment of potential project impact. A critical element within this analysis involved the plan to construct up to three new coastal inlet/marina cuts within the shoreline. The analysis assessed the potential impact of these cuts on the project shoreline both in terms of shoreline stability and environmental resources. A comprehensive model study was undertaken to identify these impacts and designs were developed to minimize and mitigate for these impacts. Additional analysis quantified and optimized the flushing characteristics and water quality of the constructed waterways. The final design includes a range of elements including jetty terminal structures, focused groin fields, inlet sand bypassing and strategic nourishment for downdrift impacts. An Environmental Management Plan (EMP) was developed to identify critical elements within the construction phases of the project. Plans, specifications and construction support services are underway. Project construction was initiated in early 2006; and oversight of the construction is ongoing. Elements within this effort included: . Flushing Studies - ATM simulated flushing capabilities of 3 marinas and canals. Evaluated the costs and logistics of potential pumping alternatives. A tidal phasing study was completed to measure the phase lag of the tides across the island. . Coastal Engineering - Assessed the influence of the coastal structures Uetties, channels) on the shorelines. . Impacts to Upland Habitat . Impacts to Surface Water Quality and Local Circulation Fact Finding and E.valuation Study of the South Lake Worth (Boynton) Inlet RFQ# 021-1210-07/C}D Lake Worth Lagoon Seagrass Monitoring, Palm Beach County Department of Environmental Resource Management ATM has conducted comprehensive monitoring of seagrass resources within Lake Worth Lagoon over the period from 2000 through the present and is contracted to continue this work through 2007. This work included GIS-based mapping of seagrass resources and in water field verification of resources. Field investigations included fixed transect and quadrat monitoring of 10 locations throughout the lagoon system. Additional transects were conducted in the vicinity of South Lake Worth Inlet and the C-16 canal in support of PBC-ERM ongoing projects. Assessments of seagrass specie type and cover extent were performed. Macroalgal species presence and differentiation was additionally undertaken. Statistical analysis of the data was conducted to delineate trends within the collected data. Further correlation of the observed conditions with local climatic and meteorological data was performed. South Florida Water Management District, Minimum Flows and Levels Program Freshwater Flow and Ecological Relationships in Biscayne Bay This project was undertaken as one facet of the SFWMD's Minimum Flows and Levels (MFL) determination for restoring freshwater flows to Biscayne Bay. A TM performed a thorough review of the Biscayne Bay literature to: (1) understand the historical freshwater inflows and salinity conditions; (2) identify potential indicator species for use in tracking long-term salinity reductions in the Bay (resulting from CERP implementation); and (3) examine alternative MFL methodologies utilized by other Florida water management districts to ascertain their applicability to Biscayne Bay. This project seeks to establish a scientific connection between various methods to create MFLs for Biscayne Bay, as well as indicators of conditions in the Bay. The recommended process has been to apply numerical rankings to potential indicator species and potential MFL approaches in order to determine the most appropriate approach for each of the Bay's six sub-regions. This is necessary due to the Bay's large heterogeneous ecosystem, which has undergone major anthropogenic changes during the last 100 years. Each of the six sub-regions has unique characteristics that demand unique treatment regarding necessary freshwater flows. Special care must be taken to either maintain existing conditions, or restore some semblance of historical conditions to allow for a particular ecological function to exist that is acceptable to water managers, citizens and scientists. Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 021-121 0-07/C}D Savannah Harbor Expansion Project Feasibility Study and EIS, USACE Savannah District and Georgia Ports Authority A TM is assisting the Savannah District with hydrodynamic modeling and environmental studies associated with the proposed deepening of the Savannah Harbor Federal Navigation Project. As a part of the Project Delivery Team, ATM is also providing sediment quality evaluation, (404 (b)(l) evaluation, beneficial use of dredged materials, biological assessment, aquatic resource surveys, sedimentation analysis, salinity study, wetland impact evaluations, coastal erosion studies, mitigation plans and Coastal Zone Management (CZM) Consistency Determination for the States of South Carolina and Georgia. The project evaluated the project alternatives for deepening the channel for navigation purposes by 3' to 8' for over 20 miles in the river and approximately 14 miles of the bar channel. The primary concern of the project is the impact of deepening the navigation channel along the river on the hydrodynamics and salinity intrusion into the system. These results in turn are used to determine the effects on currents, waves, salinity, water quality, sedimentation patterns, shoreline erosion, and the intrusion on critical freshwater wetlands within the Savannah National Wildlife Refuge. ATM is using REF/DIF wave modeling and the water quality component of WQMAP in conjunction with hydrodynamic simulations to evaluate the impacts on adjacent beaches and shorelines, as well as fisheries, aquatic resources, and numerous municipal and industrial point source dischargers on dissolved oxygen levels throughout the system. The Lower Savannah River monitoring program consists of continuous data collection of specific conductance (salinity), temperature, water level, and dissolved oxygen at 38 water quality monitoring stations. A TM field crews also conducted numerous ADCP transect surveys for calibration of the coastal and hydrodynamic models Port of Charleston Sedimentation Modeling for South Carolina State Port Authority South Carolina State Ports Authority (SCSPA) conducted field studies and developed a focused three-dimensional sedimentation model of the Cooper River to assist in design and planning for two new terminal locations. The model will be utilized to predict sedimentation rates for a variety of design options. The purpose of the study is to design the terminal structures to minimize dredging maintenance at the proposed terminals and determine any effects to sedimentation patterns in the Harbor resulting from construction of the proposed terminals. Fact Finding and E.valuation Study of the South Lake Worth (Boynton) Inlet RFQ# 02 1-12 lO-07/C}D A TM designed the model study plan to be responsive to the specific needs of SCSP A. Existing data from previous USACE Waterways Experimentation Station studies were utilized to both calibrate and verify the 3D sedimentation model. To assist in these efforts, A TM performed Hydrographic Surveys-Acoustic Doppler Current Profiler (ADCP), Water Quality and Bathymetric Data collection in support of design planning for the two future terminals on the Cooper River. Evaluation of Potential Impacts of Demineralization Concentrate Discharge to the Indian River Lagoon The St. Johns River Water Management District (SJRWMD) has identified the potential impacts of proposed water use through year 2020 on the water resources in the District. The District is performing investigations into alternative water supplies to address future water needs, including the feasibility of a desalination plant located near the Indian River Lagoon and co-located with existing power generation facilities. The District contracted with A TM its subcontractors Janicki Environmental and R. W. Beck, to conduct a study on the impacts of demineralization concentrate discharge on the Lagoon. The study was divided into two phases. Phase 1 evaluated the use of the existing SJRWMD model for the demineralization concentrate discharge impact evaluations and to make recommendations for refinements to the model if necessary. Phase 2 implements the recommendations developed during the Phase 1 review. . The evaluation of the potential impacts of demineralization concentrate discharge requires the evaluation of the changes in salinity and other key parameters that may result from the operation of the desalination plant(s). The model that is currently being used by the District was developed in partnership with the University of Florida and is called the Curvilinear Hydrodynamic 3D Model, or CH3D. . Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 021-1210-07/C}D Westin Roco Ki Beach and Marina Resort Environmental and Infrastructure Studies, Punta Macao, Dominican Republic A TM conducted environmental and engineering studies for the 200 Ha (-500 acres) Westin Roco Ki Beach and Marina project. Services included site visits, environmental upland and marine field work, infrastructure preliminary design, beach and dune erosion assessment, development of community inclusion strategies, assessment and mitigation of project impacts, and definition of conservation areas. As part of the sustainable development approach, the project includes more than 50 Ha (-120 acres) of mangrove conservation areas. ATM assisted in revising the Master Plan, participated in public presentations and regulatory agency meetings, and is providing on-going support to the project design team. Services included: . Infrastructure Conceptual Design . Environmental Assessment and Master Plan Support . Environmental Impact Study and Management Plans (in Spanish and English) . Water Quality Monitoring and Modeling . Wave and Current Modeling . Inlet Design and Navigability Assessment . Marina Market Study Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 021-12/0-07/C}D 2. Qualifications of Staff 2.a Team Overview ATM's greatest asset is our staff. We have assembled an experienced and dedicated project team to serve the City which includes professional engineers, scientists, PhD's, coastal engineers, environmental specialists, a former dredger, and modelers. Key team members include: Mike Jenkins, Ph.D., PE - Principal in Charge. Mike serves as head of the West Palm Beach office and team leader for all of A TM's Coastal Engineering Section. Mike is an expert in the field of nearshore coastal dynamics and the complex interactions between waves, tides and currents that occur in inlets. This experience includes a dissertation on wave modeling of Sebastian Inlet, Florida. Mike is a long time resident of the area and frequent user of the South Lake Worth Inlet and as such understands the issues regarding this inlet. He has been integral to a number of coastal related projects within the area including the comprehensive seagrass modeling of Lake Worth Lagoon, several beach restoration projects and previous evaluations of the South Lake Worth Inlet for the County. John Duchock, PE, - Mr. Duchock specializes in projects relating both to coastal engineering and marina design and has led a number of efforts addressing issues of boater safety and inlet navigability. Most recently John led the North Bimini Inlet project which involved modifications to the inlet to address boater safety/navigability issues. Greg Braun, CEP. - Greg specializes in ecological assessments, permitting and habitat restoration projects. He has served as principle investigator for the Comprehensive monitoring of seagrass within the Lake Worth Lagoon conducted for PBC-ERM since 2000. In this capacity he has developed a unique knowledge and understanding of the conditions within South Lake Worth lagoon in the vicinity of the inlet. Greg is also an expert in issues regarding manatee protection. Danny Mendelsohn - Danny has more than 20 years experience in numerical model development and application with a focus on environmental hydrodynamics and water quality. In addition to Mr. Mendelsohn's participation in numerous hydrodynamic, hydraulic, meteorological and water quality research projects, he has recently completed the development of a integrated, state-of-the-art boundary fitted coastal hydrodynamic and water quality modeling system, including the integration of the USEPA WASPS kinetic rate equations. Steve Peene, Ph.D. - Steve's expertise includes all facets of hydrodynamic and water quality modeling. He has conducted several multidisciplinary engineering and design projects. He provides technical oversight, technical support, management, and Quality Assurance/Quality Control on monitoring, modeling, and data analysis work. Pete Seidle, PE - Pete has extensive experience in the design and oversight of coastal engineering projects within Florida including considerable expertise in projects within Palm Beach County. This experience includes considerable experience in the modeling of shoreline impact due to inlets including the Lake Worth Inlet. John Vannoy, EI - Mr. Vannoy joined A TM after working for 7 years as a Project Engineer for Great Lakes Dredge & Dock Company and has extensive knowledge regarding dredging Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 021-1210-07/CjD design, cost and practice. He has extensive experience with channel maintenance and deepening. While with Great Lakes Dredge & Dock, Mr. Vannoy was lead engineer on more than 20 miles of channel deepening, including drilling and blasting, and was involved in deepening an additional 35 miles of channel in various locations. SUBCONSULTANT To support the services of ATM, we have teamed with Coastal Eco-Group, Inc. (CEG, Inc.); a state-certified Woman-Owned Business. Cheryl Miller, Principal, CEG, Inc. - Cheryl Miller is an expert in nearshore benthic resources including hardbottom, coral and seagrasses. She has extensive knowledge of the state regulatory process regarding such resources having worked for the FDEP Bureau of Beaches and Coastal Systems Regulatory section. She is an expert in Johnson's Seagrass (Halophila johnsonii), a Federally registered threatened specie present within the project area. +of ... <IJ ]-s U 4- 'aJ 0_ - >-....s a a '\:J t:=:3c-Q' O ..... 0_ V')............. .';:; s::: ~ 0 a .2 0 C N.....a::l_ .- g -- ~ 50-s_ - :> ~ I ~1.LJ.g;::::; 0'\:J>0 S:::<IJ-H.. o ~ -H.. E ~ocy a s::: --J l..L. II. '- ...s::: 0::: L- '\:J ..... r- s::: =:3 "- 0 t~V') GJ u .~~ e a.. 'j c<!~. ,,--~.2<: ~" \ ,., ;:~7~\j~ . . .--.-,/'>' ~ " bO .5 ; u Qj :... "" ,.e 0 \0 ~ ,;~ ("" .~ i; e '3 ; a ;,~ I;. ", .- "" J:>. i' J: . e: O..c: . 0 ..c: VI a.. a; "-0 <11 e: e: <11 ~L a.._ <11 .!!! > e: <11 I1l ~o QI c: 'E: ~o ...~~ 0_ '" c: '- 0 'QI '" .... .... o ~ o ... I:Q > o Z * * ~ u.i~w a.: w ..: .:L c: g U I1l e: O..c: 0 -5~u ::l ~ >- oo.o~ e: <11 I1l ..c:....u 0(.9 ---. * u.i a.: q * u.i* ~~ e:u.. e:_ ~~ e: ..c: .Q, vi e: ~ e: <11 ---. a; I1l ..c: u i: ..c: a.. - - o >. .... '- c: 0 QI .... e.s c: &'0 e QI '> IX c: L&.I Q) u IE o .c u l'lS Q) r::a E iU I:L. .... \I) ~ r:: .- Q) "C 'iij Q) c:: * ~ '8 go M i ~ ~ Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 021-121 0-07/C}D 2.b Percent of Involvement The following table provides an assessment of the relative involvement of key team members in this project. The percentages represent the anticipated level of involvement within the project efforts but are not proportional to the total effort (man-hours) for the project. TEAM MEMBER RESPONSIBILITY PERCENT of INVOL VEMENT Mike Jenkins, Ph.D, Project Manager 75% PE John Duchock Boater Safety 50% Naviaation/Marine Greg Braun, CEP Envi ronmental/Reg u latory 50% Danny Mendelsohn Hydrodynamic/ Hydraulic 50% Modelina John Vannoy, EI Engineering 25% Pete Seidle, PE Coastal Engineering 25% Cheryl Miller Envi ronmental/Reg u latory 25% Steve Peene, PhD Hydrodynamic/ Hydraulic 25% Modelina 2.c Willingness to Complete A TM has the professional staff and resources to commit to the City and will be able to initiate work promptly following the successful execution of a contract. We are committed to meeting all budgetary goals and timeframes. At present, A TM has no projects that would adversely affect our ability to complete the tasks required for this project on schedule with the personnel we have proposed herein. The project staff can and will commit to providing the City with the required level of service along with the necessary resources to ensure timely completion of the work. The Project Manager for this project, Mike Jenkins, Ph.D., PE, is based in our West Palm Beach office, 20 minutes from the City's office. Additional support would come from our Cocoa Beach and Gainesville offices as necessary. Our team members are accustomed to working on projects all over the state of Florida, Southeastern United States, the Bahamas, and the Caribbean. We can respond to multiple project requests simultaneously, and can complete large tasks quickly by directing as many staff to the project as needed. Our in-house capabilities include environmental permitting, surveying, waterfront planning, structural engineering, and water resources modeling and evaluations. Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 02 1-12 10-07/C}D Florida Profit APPLIED TECHNOLOGY AND MANAGEMENT, INC. PRINCIPAL ADDRESS c/o ISLAND CAPITAL GROUP LLC 717 5 AVE NEW YORK NY 10022 US Changed 12/13/2005 MAILING ADDRESS C/O ISLAND CAPITAL GROUP LLC 717 5 AVE NEW YORK NY 10022 US Changed 12/1312005 Document Number G93359 FEI Number 592413268 Date Filed 03/2711984 State FL Status ACTIVE Effective Date NONE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 12/1312005 Event Effective Date NONE Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 02 1-12 10-07/CjD ST..\TE lW FLOHlIH BO.\lIlJ"F I'H"FE~SI"N.\L ENCINEEIIS 2507 Callaway Rd. Suite 200 Tallahassee. FL 32303-5268 r '1 Applied Technology & Mgnt Inc 2770 NW 43RD STREET SUITE B GAINESVillE. Fl 326060000 L ..J DETACH HERE ~tatc~~,gJflorib-~ o::r '...'''. ~,,_~~:_._c+-;".{"'.;"-. ~ :;.'.i~'~~ ~' ~oara of..:mroas5~.tEnginecrs t~f"~1!9: AppR1. ,. 0 _& .ftI9nt Inc ':-~~'- " -,;:~_:.' . Y4 ",//h"..,/~,.,./ ,,/~,k, /"I{,.. ".I"Y'",:;,;,./,,~ ,.. /. ~~r...h-~. "._;""'.'. #..-'" )'2../0; ....y7;....""._ ?;A, . ~',..;'H'..;. /,. ,.. /~., I'WU,;',,,.,,,.,;','" .;.,~,,;..,..,; ,- ;I' _~~_ I' '-',' ,', 7/"~;:r y /,. d,./",~/'r Mrr"yA " .-~,..,..ft";,,;,;,.,,,,/ y/,;-,:J,~;"P.~>~l/ir->:?t.;,.;,~;,V'/ "",4., 'I';h",fiy-- 47 /. ~ /~,,;k, ~ (#"',4,/r.J. ""-""<,,, "," AUDIT NO.: 0507- 001783 CERTIFICATE OF AUTHORIZATION NUMBER: 4669 EXPIRATION: 28-FEB-07 DISPLAY AS REQUIRED BY LAW Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 02 1-12 10-07/C}D .. 997-01777 STATE OF FLORIDA PALM BEACH COUNTY OCCUPATIONAL UCENSE EXPIRES: SEPTEMBER - 30 - 2007 OS-OIZ CLASSIFICATION APPLIED TECHNOLOGY & MGMT INC APPLIED TECHNOLOGY MGMT INC .. LOCATED AT 400 AUSTRALIAN AVE 1855 WEST PALM BEACH FL 33401-5004 CNTY $33.00 TOTAL $33.00 Is hereby licensed at aboYe address for the parlod beglmlng on the IIrst day ofOctobar MCI enctlng on the Ihlrtleth day of Seplttl1lber 10 engage In the business, prolasslon or occupaUon of: ENGINEER BUSINESS EB0004669 THIS IS NOT A BILL - DO NOT PAY PAID. PBC TAX COLLECTOR $33.00 OCC 049 05Z168 09-Z7-Z006 Peter H. Carney TAX COLLECTOR, PALM BEACH COUNTY THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR = 0' = .., ~ ll) .., o .... = ::r ~ ~ '< '0 ~ .., ll) 0.... .., ;S. fIl '0 f:!l. n ~ 0 (D g. ; ::I- o.o....() ..... .... t:l1 .., (D 0 o (') l:I.o 13 g' p) Q) "afll en ~p) or Q)~== m ., ,,=- () . ... ::r":rJO (") ..... 0'::1. 0 w.... ~ I - s:~ ~ll)tz' G) oms:: .., O>S"fIl 0 I 8" - c .... = "'"'" ~(D ...., grn31 _ ~ tZJ ::J 0.= (") ....~ . S:=(D Q) ft.... 0';1"0 ::rt""::1 .....Ofll w~(D - - ~~ ~~ ~ 13 ~ = .r+ Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ# 021-1210-07/C}O Ot ~::::!. ~~ r:l 0 ('D ~ Q -g ""':1- 00= = g "C ; "C .... ::3:: ('D r.o "1 ; ~g _. ... < g ('D - "1 1J) III ~ _. ::;! q g' '" ~~1' ~~. \ ) '4, ~" ;~~',..'.'.~.'P< ,........ :;N", . ... '';;.,;.. ..~. ~...~.......~.. ~~~. ~,s ~ '-, /~>J!j. l~' " 0, \ ; ~i ~ ~..~ ." -..".-"-'. << i. .. ,. i~;", , , '" ~' . i\'. '. ~. :. '.. ~~ Fact Finding and Evaluation Study of South Lake Worth (Boynton) Inlet RFQ# 02 1-12 10-07/C}O 3. References Indian River County Florida, Beach Nourishment Project - ongoing Jonathan C. Gorham, Ph.D. Coastal Resource Manager Indian River County 1840 25th Street Vero Beach, FL 32960-3365 (772) 567-8000 x1568 Town of Palm Beach, Florida, Beach Restoration, Design and Implementation - 2006 Town of Palm Beach Feasibility Studies Ms. Sandra Tate Department of Public Works Town of Palm Beach 951 Old Okeechobee Road, Suite A West Palm Beach, FL 33401 (561) 227-7026 South Lake Worth Lagoon Seagrass Monitoring Ben Harkanson Palm Beach County ERM 2300 N. Jog Road, 4th Floor West Palm Beach, FL 33411 (561) 233-2514 Manatee Pocket Dredging Project, Martin County, Florida - 2005 Kathy Fitzpatrick P.E. Martin County 2401 SE Monterey Road Stuart, FL 34996 (772) 288-5429 (iNV/MKT/V017-116 Volu,~ia Co. Coastal Fact Finding and E.valuation Study of the South Lake Worth (Boynton) Inlet RFQ # 021-1210-07/C}O 4. Previous Lawsuits A TM has not been involved in any legal disputes or claims in the last 2 years. Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet RFQ # 02 1-12 10-07/C}O 5. Approach and Schedule Technical Approach The following provides a brief overview of the approach A TM would propose for execution of this study. This approach is based on experience with similar studies and our understanding of the required scope and project area. 1. Compile/review Existing Data Sources. A considerable amount of existing information is available regarding the inlet, Lake Worth Lagoon and associated area, much of which has been compiled by A TM for previous efforts. Under this task this information will be collected, reviewed and assessed to provide a baseline understanding of the issues related to the inlet and existing/historic conditions. Specific elements that will be addressed within this task include: Previous Studies- The inlet history is fairly well documented and much of this information is readily available through federal, state and county resources. A number of studies are included within the ATM-WPB existing working library. Bathymetry/Profile Data- Historic and recent bathymetry within the vicinity of the inlet is readily available through various sources including: USACE, NOS, FIND, SFWMD, FDEP and PBC- ERM. Shoreline data, erosion/accretion trends and inlet bypassing volumes are developed by the County in support of the Ocean ridge Beach Nourishment project and are available. Much of this data is included within existing ATM working databases. Aerial Photography- Historic Aerial photography of the area is available through PBC-ERM. High quality, rectified aerial photography of the Lake Worth lagoon has been collected by PBC- ERM for the past five years. This data is within existing A TM databases. Seagrass - Comprehensive modeling of Lake Worth Lagoon Seagrasses has been conducted since 2000. This work was conducted by A TM for PBC-ERM and as such the data is readily available for this study. ATM is contracted to conduct additional seagrass monitoring efforts for PBC-ERM through 2007. This database should provide an adequate baseline data set for the assessment of seagrass resources within the vicinity of the project. Use of the County's database in support of this project will result in a significant cost and time savings to the project. It is also worth noting that a high degree of variability naturally occurs within seagrass habitat and multiple year data is required for a reasonable assessment. Seagrass monitoring is also limited by time of year and must be conducted within the May through August timeframe. Meteorological Data- Meteorological data is readily available from a number of sources including NOAA and SFWMD. Data specific to seagrass issues has been compiled by A TM as part of the existing seagrass monitoring studies. 5. Approach and Schedule Water Quality Data- Limited water quality data has been collected within the South Lake Worth Lagoon area. Key parameters include dissolved oxygen (DO), nutrient concentrations and turbidity (light penetration). In addition, flow rates for input canals are available from the SFWMD. Wave Data - Hindcast wave data is readily available for the area. ATM has reviewed and compiled this existing data in support of modeling studies for Lake Worth Inlet. This data is readily applicable and available for this study. Boating Related Data- A number of existing data sources are available to support this project including both public and A TM proprietary databases. A TM has a significant database of existing boating trends, usage patterns and marine related information from previous studies. Accident Data- Boating accident data is available from a number of sources including the FWCC and USCG Office of Boating Safety. Additional data is available from FDLE sources. Incident specific information is available through local media sources. 2. Supplement Existing Data Sources. Additional data collection will be required to supplement available data sources. This effort will focus on verifying existing data and filling in gaps in this data. The intent of this effort is to provide a comprehensive assessment of existing conditions. In addition, data is required to calibrate and verify results of the numerical models. Key items within this task include: Bathymetry - Recent oceanside data is available to support this project. Some interior recent depth data is also likely available. Additional data will be required to supplement data gaps within interior lagoon areas. This effort will focus on data required for the modeling analysis. Water Quality- additional water quality data will be required primarily to support calibration and model QA/QC efforts. This effort would likely be combined with other field data collection efforts. Current/Water Level Data- additional data is required for model calibration and model QA/QC efforts. This effort would likely require the deployment of a number of fixed instrumentation gauges within the study area. Boating Stakeholder Input - Site-specific information will be solicited from available local sources including the Marine Industries Association (MIA) (ATM is an active member of this organization), local captains and marina facilities. 3. Baseline Modeling - A comprehensive inlet model will be developed based on the baseline data developed within Tasks 1 and 2. Key elements of the comprehensive model include: 3a. Hydrodynamic Modeling - This will produce estimates of water level, flow velocity and water mass transport throughout the area due to the influence of tides, winds, waves and canal inputs. 2 5. Approach and Schedule 3b. Water Quality - Estimates of water quality including the two key parameters dissolved oxygen (DO) and salinity will be determined using the model developed in 3a as a basis. 3c. Wave Modeling - Estimates of the wave climate in the vicinity of the inlet will be determined through the application of a Boussinesq type wave model. Such a model is capable of resolving complex wave behavior including wave refraction, diffraction, breaking and wave-current interaction. 3d. Sediment Transport - Using the wave and current models as input, estimates of sediment transport in the vicinity of the inlet will be calculated. 3e. Inlet Stability Assessments - Based on model results, estimates of total tidal prism and inlet stability will be developed. In addition, the influence of tidal prism on ebb tidal shoal equilibrium volume will be examined. 4. Alternatives Analysis and Impact Assessment - Task 3 will result in a comprehensive model of existing physical processes in the vicinity of the inlet. Within Task 4 various changes in inlet orientation, dimension and shape will be investigated to determine the impacts of each change on the parameters defined within the complex model system. The study will focus on changes that result in net improvements in water quality and inlet navigability/safety. Key alternatives will be identified for further consideration and evaluation. 5. Engineering and Regulatory Feasibility Assessment - Task 4 will identify alternatives that will in principle result in net improvements to the inlet. Additional effort is required to determine whether the alternatives identified are feasible. Additional feasibility level efforts will include: 5a. Engineering Feasibility - This effort will evaluate the engineering feasibility of each alternative, including construction approach, key construction elements, phasing and order of magnitude costs. This task will also address infrastructure issues associated with the inlet, adjacent properties and the SR A 1 A bridge span. 5b. Regulatory Feasibility -This effort will evaluate the feasibility of the proposed alternatives in terms of the multiple permitting and regulatory constraints on the project. This effort will include a proactive consensus-building approach with the intent to establish broad based multi-agency support for the project. 5c. Funding Framework -This effort will assess the potential for funding support for the project and the constraints associated with this potential funding. Funding support may be available from various entities including the Florida Inland Navigation District (FIND), SFWMD, USACE, Florida Boater Improvement Program, Palm Beach County, NOAA and FDEP. 5d. Cost/Benefit Analysis - An assessment of the relative costs and benefits of each alternative will be developed. This analysis will include assessments of environmental and socioeconomic impacts throughout the lagoon system. 3 - !!! c o W N ~ o ~ N .c::: - L- 0 s: IV .lll:: !!! ea -I ::J '0 u IV '" IV '" .c::: " .c::: 0 - CJ a: 0 w - en B 0 '" " :2 L- '0 '0 ea z ::J C E - ,g en E c 0 IV :;:: L- ea a.. ::J ea > W '0 C ea c '0 C u: - CJ ea LL c '" E C '" '" '" '" '" '" '" E '" " ~ <( 5 0 '" en '" '" '" '" <( '" '" ~ t3 c:: 0 '" .g .S: 0 .. a; ,E en 'E u ;;; '" " 0 'x '" '" ::;; w 0 " c:: Of ;: Q: .g " " ~ '6 ';; ,E .. ::I '" a: Q; :s i'ii u :E c:: u 0 u .51 c:: c:: :;;: c:: '" u 19 ~ <l> .. " ~ ,E t: 'D c:: lJ 0 c:: <l> ~ E Q; " '" '0 '" " E " 0 '" c:: Q: u () CD w a: E :l = 0 iii "": '" <'l ... "? .. lJ c:: .. C " c a: u: '" CO) ... -" -" -" -" '" '" '" '" {! .. .. .. l- I- I- Submit RFQ's To: Uploaded Date: RFQ Title: RFQ Number: RFQ Received By: TIME) QUALIFIER ACKNOWLEDGEMENT PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 October 26, 2006 "FACT FINDING AND EVALUATION STUDY OF THE SOUTH LAKE WORTH (BOYNTON) INLET" #021-1210-07/CJD NOVEMBER 29, 2006, NO LATER THAN 2:30 P.M. (LOCAL RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date and time is scheduled for: NOVEMBER 29,2006, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFQ shall conform to applicable sections of the charter and codes ofthe City. Name of Vendor: Applied Technoloqv & Manaqement. Inc. (ATM) Federal J.D. Number: 59-2413268 A Corporation ofthe State of: Florida Area Code: 561 Telephone Number: 659-0041 Area Code: 561 FAX Number: 659-3733 Mailing Address: City/State/Zip: Vendor Mailing Date: 400 S. Australian Avenue. Suite 855 West Palm Beach. FL 33401-5045 November 29.2006 ,.--. fv--/ Iv--z- Authorized Signature Michael G. Jenkins. PhD. PE Name Typed THIS PAGE TO BE SUBMITTED ALONGWITH RESPONSE ADDENDA CITY OF BOYNTON BEACH FLORIDA RFQ TITLE: FACT FINDING AND EVALUATION STUDY OF THE SOUTH LAKE WORTH (BOYNTON) INLET QUALIFIER: A TM DATE SUBMITTED: November 29. 2006 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: Michael G. Jenkins. PhD. PE, Proiect Manaqer (Name of Project Manager/Architect/Consultant) and having examined the project site (when indicated in these specifications to do so), we propose to perform the work ofthis Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE THIS PAGE MUST BE SUBMITTED ALONGWITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFQ document. Failure to comply with this instruction may be regarded as justification for rejecting the RFQ response. * attach additional sheets giving the information 1. Name of Qualifier: A TM 2. Business Address: 2770 NW 43 Street. Suite B Gainesville. FL 32606 3. When Organized: 1984 4. Where Incorporated: Florida 5. How many years have you been engaged in business under the present firm name? 22 years 6. General character of work performed by your company. ATM provides environmental enoineerinq. coastal enoineerinq, water resources services. and marina and waterfront development. Our services include: complex environmental and development issues in oceans. waterways. and alonq the shoreline. From the development of innovative dredoed material manaoement solutions. assessinQ the hydraulics and hydrodynamics of water bodies. desiqninq the nourishment of depleted beaches. and plannino & permiUino waterfront developments. 7. Enclose evidence of possession of required licenses and/or business permits. Information incuded with this Submission 8. Number of employees. More than 100 (14 in the West Palm Office) 9. Background and experience of principal members of your personnel, including officers. * Information included with this Submission. 10. Bonding capacity. Never required. so capacity has not been determined. 11. Have you ever defaulted on a contract? If so, where and why?* No THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE PRINCIPAL PERSONNEL INCLUDING OFFICERS NAMEITITLE DEGREE BACKGROUND YEARS OF EXPERIENCE Ed Modzelewski, MS Environmental 33 Chairman Sciences Thomas ME Agricultural 22 Schanze, PE, Engineering President and CEO Sam Phlegar, MS Coastal & 21 PE, Senior Vice Oceanographic President Engineering Jack "Bo" Ellis, MS Environmental 23 PE, Vice Engineering President Stephen Swann, ME Environmental 17 PE, Vice Engineering President Dawn Petrella, BS Accounting 21 CPA, Chief Financial Officer Anthony BS Engineering 27 Maglione, Vice Technology President Steven Peene, Coastal & PhD, Secretary PhD Oceanographic 14 Engineering Mike Jenkins, PhD Ocean Engineering 16 PhD,PE Tim P. Mason, Coastal & Sr. Coastal ME Oceanographic 16 Engineer Engineering Danny Mechanical Mendelsohn, NE ME Engineering & 21 Regional Director Applied Mechanics Carter H. Belvin, Environmental PE,Sr. BS Engineering 12 Environmental Engineer Robert W. Agricultural Burleson, PE Sr. ME Engineering 19 Engineer Angela B. Bryan, Environmental PE BS Engineering 6 Environmental Enoineer STATEMENT OF QUALIFICATIONS continued...... 12. Experience in performance of work similar in importance to this project. Project $ Value Contact Name Phone # Indian River County $1.5 Mil Jonathan Gorham TOPB Coastal $1.1 Mil Sandra Tate (772)567-8000 x1568 (561)227-7026 SL W Seagrass $200k Ben Harkanson (561) 233-2514 (772) 288-5429 Manatee Pocket $45,000 Kathy Fitzpatrick 13. Contracts on hand. * (See Table Provided) 14. Largest completed projects (include final cost). 1) Indian River Comprehensive Coastal Services $1.5 Mil. 2) Town of Palm Beach Comprehensive Coastal Services $1.1 Mil. 3) Mason Inlet Relocation $900 K. 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * None 1) arose from performance: * 2) occurred within the last 4 years: * 3) provide case number and style: * Dated at: Vvcb~ ~A\~ this 1-1 Yr-day of Iv 6~ ~r 20 c6 -- By: /~~ (written signature) Name: ;hX/1--~e\ f-. J.f"t,\\\ (printed or typed) ~ Title: Cot\~-h.1 E~\e.er\v) T€o~ L-vJ-v Active Coastal Projects as of 11.27.06 Owning Client Name Project Name Remianing labor Org Budaet 4110 City Marina 99155 Charleston City Mari 900.00 4110 Columbus Consolidated Government 98102 Oxbow II 2,000.00 1710 1100 West Properties, LLC 61355 SEAGRASS & AQUATIC R 24,925.00 1710 Sonographics, Inc. 61223 Sebastian Inlet Surv 12,473.25 2210 Peters Creek, LLC 01-525 Jacksonville Misc. Svs. 500.00 1610 Town of Palm Beach 1506 Palm Beach Reach 5 F 3,000.00 1610 Town of Palm Beach 1514 PALM BEACH REACH 8 F 3,700,00 1610 Indian River County 3719 IRC MITIGATION/PHYSI 2,500.00 1610 Applied International Holdings, LTD. 4923 TRELLIS BAY ESTATES 25,000.00 1610 Martin County 51013 MARTIN COUNTY DREDGI 2,900.00 1610 Town of Palm Beach 51023 TOWN OF PALM BEACH 0 250.00 1610 Chub Cay Club Associates, LTD. 51033 BS Chub Cay Waterfro 25,000.00 1610 Indian River County 51064 MANA TEE POCKET DREDG 8,700.00 1610 Islands by Design 51112 GOLD ROCK CREEK ENGI - 1610 The St. Joe Company 51121 NORTH WEST FLORIDA - 23,000.00 1610 Whale Cay Group 51128 WHALE CAY FEASIBILlT 48,000.00 1610 Indian River County 51145 IRC - SECTORS 1 & 2 10,400.00 1610 Indian River County 51146 IRC SECTOR 7 PRE-CON - 1610 Ed Barber & Associates 51191 BATHYMETRIC SURVEYS- - 1610 Ministry of Works & Utlilies 61225 BIMINI SOUTH FERRY L - 1610 Islands by Design 61242 NORWEGIAN CRUISE L1N 49,500.00 1610 RA V Bahamas L TO 61248 BS Bimini Bay Resort 16,300.00 1610 Indian River County 61254 SECTORS 1 & 2 BIOLOG 500,00 1610 RHS Ventures 61266 SOUTH OCEAN 9,750.00 1610 EDSA 61291 WEST CAICOS COMMERCI 18,200.00 1610 Palm Beach County 61309 LAKE WORTH LAGOOD SE 5,500.00 1610 Urgo Hotels 61321 URGO HOTELS, GOVERNO 5,700.00 1610 Indian River County 61331 WO 2 - AMBERSAND BIO 25,000.00 1610 Indian River County 61332 WO 3 - SECTOR 7 BIOL 4,000.00 1610 Esmeralda Conseptions 61342 ESMERALDA PENINSULA, 7,700,00 1610 Indian River County 61353 IRC MITIGATION REEF 2,840.00 1610 The Ginn com pay 61378 BS WEP COASTAL DESIG 144,000,00 1610 Nexus R.D. SA 61380 DO Samana Survey & 0 19,000.00 1610 Ocean World 61383 DO OCEAN WORLD WAVE 19,000.00 1610 Ariel Sands, LTD. 61639 BM - ARIEL SANDS EIS 7,300.00 527,538.25 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 submitted 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: ~,/'2 ~ NAME .:: SIGNATURE Sworn and subscribed before me this 28th day of November ,2006 Printed Information: f!\)u\'t<e1 u-, -) e^ ~\~ \ NAME ~ tl\~\\\e~r))-) J&^" Le.ok TITLE ~.AI.% NOTA P LIC, State Florida at Large ~y~~ R~" . . '" <or ~Off\.O~ Notary Public State of Florida Judl' H Oyler My CommiSSion DD562368 Expires 06/11/2010 Applied Technology & Management, Inc. COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NON COLLUSION AFFIDAVIT OF PRIME QUALIFIER State of Florida ) County of Palm Beach ) Michael G. Jenkins. PhD. PE , being first duly sworn, deposes and says that: 1) He is Coastal Team Leader of (Title) has submitted the attached RFQ: A TM , the qualifier that (Name of Corporation or Firm) 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Bovnton Beach (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) ~ 19 - A------ (Title) Coastal Team Leader Subscribed and sworn to before me This 28th day of November 20 06 '- My commission expires June 11, 2010 o"~Y .It~ Notary Public State of Florida ~J ": Judy H Oyler ,~/ My Commission 00562368 ~Of'" Expires 06111/2010 THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF MINORITY OWNED BUSINESS Not applicable. ATM is a larae 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 submittal sheet making it an official part of your RFQ response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN o OTHER ( specify) 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 ALONGWITH RESPONSE CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUB MITT ALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals 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 submittal 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 submittals 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 submittal 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 submittal, 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 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. _ ~ Vendor's Signature ~ THIS PAGE TO BE SUBMITTED ALONGWITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE z o - ~ < ~ - u - ~ ~ -- ~ ~ ~ = ~ -- ~ rJ'1 ~ ~ ~ ~ z ~ rJ'1 rJ'1 ~ Z - rJ'1 ~ = ~ ~ ~ o z - ~ ~ z - ~ u ~ ~ z o u g3 rJ'1 ~ o ~ ~ ~ ~ ~ = U rJ'1 ~ < p:::: o ~ ~ u ~ ..... ~ p.. r/1 ...... =r:: ~ ~ o Z o ~ o p.. ~ ~ ~ ...:l ~ .-.. z o E-o Z >- o ~ '-" = E-o ~ o ~ ~ ~ < ...:l = E-o ;;;J o r/1 ~ = E-o ~ o >- Q ;;;J E-o r/1 Z o .... E-o ~ ~ ...:l ~ < ~ ;;> ~ c(S ~~ QU .. ~t::~ ~~~ E-o~Z U....p:::: ,,,cl, 0 ~M~ ~ <= U ~ .. E-< ~ Z ....l 0 ~~~u C/C/ ~~ ~ o 5 E=: < p.. o ~ p.. ~ r/1 ;:t o ~ u ~ ~ Z o u ~ r/1 :>< ~ ~ o o ~ ~ r/1 ...... ....l o ~ ....l ~ ~ o < ~ ...... ~ ~ r/1 o ~ ~ r/1 . p::::Z ~O Or/1 8< ~~ s '<:) Q) 0- '" '-" ~....l o~ ::$2.0 o E-< p::::E-< <s jo 8~ 0 "" 0 ~ z ...... ~ ~ '" ~ "" Q) u :>< ~ :>. Q) ~ ,.Iod~ ~ Q) ~ C'? ~ Q) 0 0 '" ..... '-' Q) ~ E-< * .0 ~ ",,0 Z r/1 ~ ~ r/1 r/1 ""~ :>< ~ 0 ..... ~ J!;! Q ::l 0) 0 ~ Q) ~~~ c::: :::::: ~oo Ctl ~E-<~ - c: Q) ~ ~ E E-< p.. c: e 'S; c: W ..-- ~ 0 0 ..-- ~~ ~ :J o CI) 0 ::C:E-< c: 'M p..u -"M ~~ ci:.2 M ::l llJ ...J r/1~ otJ>u.. ~z .... ro _ 00 <t6~0> ~u OtJ>Ctl..-- oro"EC\J --g3 W...JQ)~ ~r/1 - ....... "'C -r- ~ CtltJ>::lO> _roCtlLO ~ W -J . o co .;J; ugu:o> ~ 00 < ~ ....;l~ ~u ~> u~ f:;~ 000 ~E-o ~z oo~ ....~ ~~ ~u 00 ~~ ~~ zo OE-o ~~ ~E-o ~~ ~Q ~~ ~~ ~o rJJ~ E-o~ oE-o z~ ~~ ;;;l0 OU ~ ~ .... p:::: ~ ::c: ~ o ~ "" '-' :i ~ ~ o ~ ~ r<) '-' u ~ p.. rJJ ...... ::c: ~ N '-" ~ u :s ~ ~ - '-" ci:i ~ ~ :>< E-< ~ o ~ ~ * VI.-CONSENT AGENDA ITEM B.3. 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 C"') ;:::::.:; -;-< -(0 ('j-" N ~~5 ::! -< ~ ..",...~ :i: Ci') ~ .:::- 02 -n-- w -.,' Q:) w r.; r"1 1-" .l> (") RECOMMENDATION: A motion to multi-award by manufacturer with primary, secondary, third, and some fou71h place vendors, Bid no. 026-1412-07/CJD "ANNUAL CONTRACT FOR AUTOMOTIVE AND SMALL TRUCK PARTS AND ACCESSORIES" to the lowest, most responsive and responsible bidder. The evaluating factors used were price, availability, delivery time and warehouse processing time. This year's estimated expenditure will be $95.000.00. January 22, 2007 D IZI March 5, 2007 D D February 12,2007 (Noon) D December 5, 2006 D D o November 20,2006 (Noon.) January 2, 2007 December 18,2006 (Noon) January 16, 2007 January 2, 2007 (Noon) March 20, 2007 March 5, 2007 (Noon) February 13, 2007 April 3,2007 March 19,2007 (Noon) C::) .....} M Co Consent Agenda D D D D D New Business Announcements/Presentations City Manager's Report NATURE OF AGENDA ITEM o D IZI D D Administrative Code Compliance & Legal Settlements Public Hearing Legal Unfinished Business CONTRACT PERIOD: MARCH 6, 2007 TO MARCH 5, 2008 EXPLANATION: On December 20, 2006, Procurement Services received six (6) proposals for the referenced bid. It is recommended to award this bid to all proposers as primary, secondary, third, and fourth vendors. The evaluation factors used in determining the award based on price, delivery time, and warehouse processing time using their "percentage off list" discount as proposed in their bid. The provisions of this bid award will allow for a one (I) 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: The purpose of this bid is to secure a source for the supply of automotive and small truck parts/supplies to be inventoried in our warehouse and ordered on an "as needed basis" for our Fleet Maintenance Department. FISCAL IMP ACT: INVENTORY ACCOUNT: 502-00-141-00-0 as $90,000.00 ESTIMATED EXPENDITURE: ~o~ _ C~ity Manager's SignJ,tme ();rL ( fA City Attome / Finance Procurement Services Department Name C: Michael Dauta - Warehouse Manager File The City of Boynton Beach .......~~ ...,._-"........;-~--. ~ . "" TO: FROM: Finance Department WAREHOUSE DIVISION Bobby Jenkins, Assistant Director ofFinan~i~) Michael Dauta, Warehouse Manager / January 17,2007 SUBJECT: Automotive Parts and Accessories Bid # 026-l412-07/CJD DA TE: I have reviewed the tabulation sheet sent from your office. Please go to commission to approve this bid. The evaluating factors used were price, availability, delivery time and warehouse processing time. My recommendation is a multi award by vendor with primary, secondary, third and in some cases fourth vendors. Last year's expenditures totaled $90,000. This year's estimated expenditures will be $95,000. Enl!ine Parts Ford Cars Ford Trucks Buick Cars Primary Bennett Auto Supply 60% off list Secondary Napa Auto Parts 55% off list Third Total Truck Parts 25% off list Primary Bennett Auto Supply 60% off list Secondary Napa Auto Parts 55% off list Third Total Truck Parts 25% off list Primary Bennett Auto Supply 60% off list Secondary Napa Auto Parts 55% offlist Third General GMC 25% off list Third Maroone Chevrolet 25% off list Third Total Truck Parts 25% off list Chevrolet Cars Primary Bennett Auto Supply 60% offlist Secondary Napa Auto Parts 55% off list Third General GMC 25% off list Third Maroone Chevrolet 25% offlist Third Total Truck Parts 25% off list Chevrolet Trucks Primary Bennett Auto Supply 60% off list Secondary Napa Auto Parts 55% off list Third General GMC 25% offlist Third Maroone Chevrolet 25% offlist Third Total Truck Parts 25% off list Dodge Cars Primary Bennett Auto Supply 60% off list Secondary Napa Auto Parts 55% offlist Third Total Truck Parts 25% offlist Dodge Trucks Primary Bennett Auto Supply 60% off list Secondary Napa Auto Parts 55% offlist Third Total Truck Parts 25% off list Saturn Vehicles Primary Bennett Auto Supply 60% off list Secondary Napa Auto Parts 55% off list Third Total Truck Parts 25% off list Brake Systems Ford Cars Primary Bennett Auto Supply 65% offlist Secondary Napa Auto Parts 50% offlist Third Total Truck Parts 25% offlist Ford Trucks Primary Bennett Auto Supply 65% offlist Secondary Napa Auto Parts 50% offlist Third Total Truck Parts 25% offlist Buick Cars Primary Bennett Auto Supply 65% offlist Secondary Napa Auto Parts 50% off list Third General GMC 25% offlist Third Maroone Chevrolet 25% offlist Third Total Truck Parts 25% offlist Chevrolet Cars Primary Bennett Auto Supply 65% offlist Secondary Napa Auto Parts 50% off list Third General GMC 25% off list Third Maroone Chevrolet 25% off list Third Total Truck Parts 25% off list Chevrolet Trucks Primary Bennett Auto Supply 65% off list Secondary Napa Auto Parts 50% off list Third General GMC 25% off list Third Maroone Chevrolet 25% off list Third Total Truck Parts 25% off list Dodge Cars Primary Bennett Auto Supply 65% off list Secondary Napa Auto Parts 50% off list Third Total Truck Parts 25% off list Saturn Vehicles Primary Bennett Auto Supply 65% off list Secondary Napa Auto Parts 50% off list Third Total Truck Parts 25% off list Chassis & Suspension Ford Cars Primary Bennett Auto Supply 60% off list Primary Napa Auto Parts 60% off list Secondary Total Truck Parts 25% off list Ford Trucks Primary Bennett Auto Supply 60% off list Primary Napa Auto Parts 60% off list Secondary Total Truck Parts 25% off list Buick Cars Primary Bennett Auto Supply 60% off list Primary Napa Auto Parts 60% off list Secondary General GMC 25% off list Secondary Maroone Chevrolet 25% off list Secondary Total Truck Parts 25% off list Chevrolet Cars Primary Napa Auto Parts 60% off list Chevrolet Trucks Primary Napa Auto Parts 60% off list Dodge Cars Primary Bennett Auto Supply 60% off list Primary Napa Auto Parts 60% off list Secondary Total Truck Parts 25% off list Dodge Trucks Primary Bennett Auto Supply 60% off list Primary Napa Auto Parts 60% off list Secondary Total Truck Parts 25% off list Saturn Vehicles Primary Bennett Auto Supply 60% off list Primary Napa Auto Parts 60% off list Secondary Total Truck Parts 25% off list Miscellaneous Filters Primary VMP 79% off list Secondary Bennett Auto Supply 78% off list Third Napa Auto Parts 75% offlist Fourth General GMC 25% off list Fourth Total Truck Parts 25% offlist Wipers Primary VMP 68 -71 % off list Secondary Bennett Auto Supply 70% offlist Third Napa Auto Parts 60% offlist Fourth General GMC 25% offlist Fourth Total Truck Parts 25% off list Bulbs & Headlights Primary VMP 76 - 83% offlist Secondary Napa Auto Parts 65% offlist Third Bennett Auto Supply 52% off list Fourth General GMC 25% offlist Fourth Total Truck Parts 25% off list Washer Fluid Primary Bennett Auto Supply 52% off list Secondary General GMC 25% off list Secondary Total Truck Parts 25% off list Third Napa Auto Parts 10% offlist Brake Clean Primary Bennett Auto Supply 52% off list Secondary Napa Auto Parts 25% off list Secondary General GMC 25% off list Secondary Total Truck Parts 25% off list Batteries Primary Napa Auto Parts 55% off list Secondary Bennett Auto Supply 40% off list Third General GMC 25% off list Third Total Truck Parts 25% off list If you have any questions please contact me at 6324. 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\'l Requested City Commission Date Final Form Must be Tumed Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 December 5, 2006 November 20,2006 (Noon) 0 0 January 2, 2007 December 18, 2006 (Noon) [ZJ March 5, 2007 0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 0 February 13,2007 January 22, 2007 0 April 3, 2007 Date Final Form Must be Tumed in to City Clerk's Office February 12, 2007 (Noon) March 5, 2007 (Noon) o March 19,2007 (Noorr;J ..." /"Tl CO 0 Announcements/Presenta tions 0 City Manager's Report N NATURE OF 0 Administrative 0 New Business > AGENDA ITEM [ZJ :J: Consent Agenda 0 Legal S? 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 CO ("") ,,::j :::;-< -<0 I:) .." 'CD '."0 ~;:J __ .- :~ -;. c.n'~ o ,:::) z -.., .."co -fTl ":;t> J"Tle') ~ ..... RECOMMENDATION: A motion to award the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS", Bid #019-2821-07/JA, to Shannon Chemicals, of Malvern Pennsylvania for an estimated annual expenditure of $45,000.00 EXPLANATION: On November 21, 2006, Procurement Services opened and tabulated four (4) proposals. While reviewing the proposals, it was noticed that N alco did not offer both of the specific products needed for each plant. Calciquest offered a price for zinc orthophosphate formula, instead of the polyphosph~lte product. Utilities department recommends (see attached memo #07-03) awarding the bid to Shannon Chemicals as the lowest, most responsive, responsible bidder who meets all specifications. PROGRAM IMP ACT: The purpose of this bid is to obtain a firm price for a one (1) Yl~ar period for the "ANNUAL BID FOR POL YPHOSPHA TE TYPE CORROSION INHIBITORS". The provision of this bid will allow for a one year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISCAL IMPACT: ACCOUNT NUMBER: 401-2811-536-52-35 ESTIMATED ANNUAL, EXPENDITURE: $45,000.00 2005/2006 Expenditure $26,000.00; The reason for the large increase is due to the Health Department's (HRSIDEP) new requirement of keeping a higher residual of phosphate in the distribution system. To accomplish this, the West Water Plant has to use 50% more phosphate per day to meet this requirement. AL TERNA TIVES: The corrosion inhibitor shall stabilize carbonates and hold copper, lead and iron from entering into the water system pipes, joints, etc. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC -;6~-:J~ /1 Deputy Dir 0 Fipa'ncial SerVIces CITY OF BOYNTON BEACH AGENDA ITEl\1 REQUEST FORl\1 j i(j1~ City Manager's Signature Procurement Services Cc: Dave Ailstock - Utilities, WWTP, Chief Operator Michael Low - Utilities, Deputy Director Barbara Conboy - Utilities, ,Administrator Manager Melvin Pinkney - Utilities, EWTP, Lead Operator File S'BULLETrN\FORMS\AGENDA ITEM REQUEST FORM DOC Memorandum Utilities # 07-03 From: Bobby Jenkins Assistant Director of Financial Services Kofi Boateng V Co . r:~ -=:;;::::- ~ / 1;- Utilities Director f'\x;t- '~v,::~~-,,=,- \"J-~-'-\. ~J _J To: Date: January 4, 2007 Subject: Polyphosphate Corrosion Inhibitor Bid Number 019-2821-07/JA Polyphosphate corrosion inhibitor is used at both water treatment plants for stabilizing the water in the distribution system. These products are not generic in nature and are specifically formulated for each individual water treatment plant. The current bid with Sweetwater Technologies to purchase these products has expired and can no longer be extended. Financial Services accepted bids (Bid # 019-2821-07-07/JA) for these corrosion inhibitor products on November 21st, 2006 when bids were opened. While reviewing the bids, it was noticed that Nalco did not offer both of the specific products needed for each water plant. Calciquest offered a bid for a zinc orthophosphate formula, instead of the polyphosphate product. We were able to determine the actual price per pound to make a fair comparison between these products. Based upon this data, we have concluded that Shannon Chemical has the lowest overall price for the products needed for both water treatment plants. Using Shannon Chemical will also give us the convenience of only having to deal with one company for both products. We recommend awarding the polyphosphate corrosion inhibitor bid to Shannon Chemical for both the East and West Water Treatment Plants. The East plant will use dry polyphosphate in fifty-pound bags for their chemical feeder. The West water plant will use liquid polyphosphate delivered in fifty-five gallon drum containers. We estimate our polyphosphate usage as follows: · 26,280 pounds of dry polyphosphate at a cost of $19,447.20 (EWTP) · 40,004 pounds of liquid polyphosphate at a cost of $22,802.28 (WWTP) We have had excellent service with Shannon Chemical in the past and their products have worked as expected. Please place this item on the next city commission agenda to approve the bid for $45,000 dollars for polyphosphate to Shannon Chemical Company. These funds are available in account number 401-2811-536-5235 in the 2006/2007 budgets. If you have any questions, please contact Michael Low at 742-6403 or Dave Ailstock at 742-6953. Attachments bc: Dave Ailstock xc: Michael Low Barbara Conboy Melvin Pinkney File """"".lttt. LUWt.".l, lV1U".l Kt."rUl~".lVt., Kt."J:"Ul~".lDLt. D.lUUt.K wnu 1'1t.t..l" aLL "rt.v.l.r.lvft.l.lUl~"n'HH'" BOb~4s, ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS Kofi Boateng, Utilities uirector BID OPENING DATE: NOVEMBER 21,2006 BID OPENING TIME: 2:30 P.M. BID # 019-2821-07/JA "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS CALCIQUEST, INC. 181 WOODLAWN AVE. BELMONT, N.C. 28012 PH: (704) 822-1441 FAX: (704) 822-0922 CONTACT: CRAIG PRINCIPI NALCO COMPANY 1601 WEST DIEHL ROAD NAPERVI LLE, I L 60563-1198 PH: (630) 305-2177 FAX: CONTACT: RICK ST. JULES SHANNON CHEMICAL CORP. P.O. BOX 376 MALVERN, PA 19355 PH: 610-363-9090 FAX: 610-514-6050 CONTACT: DANIEL C. FLYNN RECOMMENDED DOSE FOR OPTIMUM CORROSION CONTROL & SEQUESTRATION 0.5MG NOBID ANTICIPATED WEIGHT PER MILLION GALLONS OF TREATED WATER 4.173 LB PER MILLION GALL. NOBID UNIT PRICE PER MILLION GALLONS $4.59 NOBID ANNUAL PRICE (BASED ON 6 MGD) $10,052.10 NO BID PRODUCT BRAND 1.4 mg 121bs $8.84 .737/# 12# $19,359.60 CALCIQUEST DRY 5050 NO BID RECOMMENDED DOSE FOR OPTIMUM CORROSION CONTROL & SEQUESTRATION 0.463 1.5 gallons ANTICIPATED WEIGHT PER MILLION GALLONS OF TREATED WATER 5 17 UNIT PRICE PER MILLION GALLONS $2.824 $9.299 ANNUAL PRICE (BASED ON 8 MGD) $8,246.08 $27,153.08 PRODUCT BRAND CALCIQUEST ZINK 1037 NALCO C-31 Polyphosphate Inhibitors '06.xls 1 .2 gallons 13.71bs $7.8613.7 @.574/# $22,951.20 SLI - 5225 Page 1 CJ) c::: o !:: m - J: Z - Z o CJ) o c::: c::: o () w a. ~ w ~ J: a. CJ) o J: a. >- ..J o a. u. o >- ..J a. a. ::) CJ) ..J <( ::) z z <C ~ ai c ~ E .9 o :;: 19 ~ -g :~ o ro 0 Q) '* en = "C ~ ~ Cl C'C c: .9 c "S; Q.) 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ANNUAL SUPPLY OF POL YPHOSPHATE TYPE CORROSION INHIBITORS BID OPENING DATE: NOVEMBER 21,2006 BID OPENING TIME: 2:30 P.M. BID # 019-2821-07/JA "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS CALCIOUEST, INC. NALCO COMPANY SHANNON CHEMICAL CORP. 181 WOODLAWN AVE. 1601 WEST DIEHL ROAD P.O. BOX 376 BELMONT, N.C. 28012 NAPERVILLE,IL 60563-1198 MALVERN, PA 19355 PH: (704) 822-1441 PH: (630) 305-2177 PH: 610-363-9090 FAX: (704) 822-0922 FAX: FAX: 610-514-6050 AT LEAST ONE REFERENCE OPERATES A SYSTEM IN WHICH LIME AND MEMBRANE YES YES YES SOFTENED WATER IS BLENDED ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES CONFIRMATION OF A MINORITY OWNED BUSINESS SUBMITTED YES/NOT A MINORITY YES/NA YES/NOT A MINORITY OWNED BUSINESS OWNED BUSINESS CONFIRMATION OF A DRUG-FREE WORKPLACE SUBMITTED YES YES YES COMMENTS Cashier's Check drawn on Commerce Bank Polyphosphate Inhibitors '06.xls Page 3 CJ) c::: o !:: m - J: Z - Z o - CJ) o c::: c::: o () w c.. ~ w ~ J: a. 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LC:! co w (/) Z o ...J ...J <( eJ Z o ::::i ...J ::2: 0::: W CL W U 1:2 CL !:: Z :::> o (V) co C!) r--. co ..... w - o eJ ::2: C!) Z o o W (/) <( @. W U 1:2 CL ...J <( :::> Z Z <( o m U"l CL U . o Z <( 0::: ill f- U :::> o o 0::: CL CIl c .Q co OJ U"l '""": z o f= ~ l- (/) L.I..I :::> o L.I..I (/) o1l .....J o c:: I- Z o u z o Ui o c:: c:: o u Z o ::::i ...JO::: -W ::2:1- 0:::<( ws: CL f-O IW eJf- -<( WW s:~ 01..1.. Wo I-(/) ~Z -0 ~...J f-...J z<( <(eJ CIl .0 -.:t o r') .- U"l U"l r--: w (/) Z o ...J ...J <( eJ Z o ...J ...J ::2: 0::: W CL W U 1:2 CL !:: Z :::l CIl X C!) 9 CIl .8 15 ~ c ~ ;u ~ 0.. CIl o ~ D.. >v "0 0.. o o <0 -.:t o. N N W . . . ...J (V) N r--. CL o 0- eJ ::2: co Z o o W (/) <( @. W U 1:2 CL ...J <( :::> Z Z <( o Z <( 0::: ill f- U :::> o o 0::: CL ANNUAL SUPPLY OF POL YPHOSPHATE TYPE CORROSION INHIBITORS BID OPENING DATE: NOVEMBER 21,2006 BID OPENING TIME: 2:30 P.M. BID # 019-2821-07/JA "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any. are hereby rejected as late" VENDORS SWEETWATER TECHNOLOGIES P.O. BOX 602 COLUMBIA, TENNESSEE 38402 PH: 800-426-2428 FAX: 931- 540-1338 CONTACT: BEVERLY ROBINSON CALENDAR DAYS FOR DELIVERY 7-10 DAYS NUMBER OF BIDS SUBMITTED ONE SPECIFICATION "CHECK OFF" SHEETS *YES (PGS. 3-6) SUBMITTED PRODUCT COMPOSITION SHEETS YES SUBMITTED PRODUCT SAMPLES SUBMITTED NO REFERENCES FOR FIVE LIME SOFTENING YES FACILITIES SUBMITTED REFERENCES FOR FIVE MEMBRANE YES SOFTENING FACILITIES SUBMITTED AT LEAST ONE REFERENCE OPERATES YES A SYSTEM IN WHICH LIME AND MEMBRANE SOFTENED WATER IS BLENDED ANTI-KICKBACK AFFIDAVIT SUBMITTED YES - TENNESSEE NOTARY No Expiration Date CONFIRMATION OF A MINORITY OWNED YES/NOT A MINORITY BUSINESS SUBMITTED OWNED BUSINESS Polyphosphate Inhibitors '06.xls Page 2 CJ) c::: o !::: m - J: Z - Z o - CJ) o c::: c::: o u w a. ~ w ~ J: a. CJ) o J: a. >- ..J o a. 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Z f- s: O...J .. ~ .OI 0 (/)CLUCLI..1..U W W 0::: 1..1.. <.9 :::>0 O:::w 01= <(- 1..1..::2: o ill Z:::> O(/) -W f-u (/) (/) <(<( f- 0::: ::2:...J Z 0 O:::CL W -~ ::2: 0 1..1..0::: Z Zo ::2: W 8s: 0 > U CIl X C!) 9 CIl .8 15 ~ c Q) ro .c Co CIl o ~ 0.. >v "0 CL CITYOF Br- ~~TON BEACH UTILITIES LJEPARTMENT POL YPHOSPHA TE BID CALCULATIONS PRICE PER POUND FORMULA Price listed on bid (divided by) Pounds listed on bid (equals) Price per pound DRY POL YPHOSPHATE LIQUID POL YPHOSPHATE CalciQuest CalciQuest * $4.59 Divided by 4.173 Equals $1.10 per pound $2.82 Divided by 5.00 Equals $0.56 per pound Shannon Chemical Shannon Chemical $8.84 Divided by 12.00 Equals $0.74 per pound $7.87 Divided by 13.70 Equals $0.57 per pound Sweetwater Tech. Sweetwater Tech. $8.57 Divided by 10.85 Equals $0.79 per pound $7.55 Divided by 13.00 Equals $0.58 per pound Nalco Chemical * Nalco Chemical No Bid $9.30 Divided by 17.00 Equals $0.55 per pound *NOTE: Nalco chemical doesnot supply dry polyphosphate. *NOTE: CalciQuest bid the wrong product for the liquid We want to deal with only one company that provides both the dry and liquid with the best over all price is Shannon Chemical. VI.-CONSENT AGENDA ITEM C.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed 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 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December] 8, 2006 (Noon) C8J March 5,2007 February ]2,2007 (Noon) 0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 13, 2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM C8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the City of Boynton Beach to enter into a five-year service and support agreement with TelVue Virtual Television Networks (TVTN) to remotely organize, update and maintain the city's public access television station at no cost to the city for the first two (2) years of the contract. After the first two years, the city will have the option to renew the contract on a yearly basis but in no case would the cost to the city exceed $500 per month. EXPLANATION: TVTN is a network of municipally owned and operated Public, Educational and Government (PEG) cable television channels. TVTN provides municipalities with access to equipment, expertise and supplementary content that augments, but does not replace locally produced programming. TVTN also aggregates these channels; making it easier to attract corporate sponsorship funds by providing a single point of negotiation, distribution and invoicing. TVTN services are provided to municipalities free of charge in exchange for allowing TVTN to broker the network to corporate and local sponsors. TVTN account representatives will work with city staff to gather video, photos and copy. Their designers use that material to create full motion video station !D's, various screen templates with photo backgrounds, and professional voice narration within a unique customized program wheel designed specifically for our channel. PROGRAM IMP ACT: In an era when corporate consolidation is threatening media localism and advertising clutter is eroding effectiveness, TVTN provides a truly local, clutter free television medium that benefits all parties. FISCAL IMPACT: (Include Account Number where funds will come from) The cost for the TelVue TVTN service to Boynton Beach is $12,000 in development cost and $500 per month maintenance cost. During the first two years of the contract, there is no fee to Boynton Beach as TelVue will obtain local business sponsors to offset these costs. At the end of the two years, the city will have the option to renew the contract on a yearly basis, and the sponsors will continue to offset the costs to the city. If there are not sufficient sponsors, the city can either assume the monthly maintenance (or partial maintenance) costs, but in no case would the cost to the city exceed $500 per month. The city is not responsible for the $I2,000 development cost. Should the city not wish to assume the monthly maintenance cost, we can cancel the service without penalty with a 90 day notification. AL TERNA TIVES: Do not enter into this service and support agreement. Purchase the necessary equipment to produce full motion video station lD's, screen templates, photo backgrounds, and professional voice narration. This equipment will cost approximately $45,000. City staff could approach sponsors on an individual basis. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM "':'.... "-'.~ ~UtJC'~ City anagers Stgnature //.r ,.. '" ~-..." / .,1';' I /', ' I'" .. '---' ; ~.\<; : (' (.......- Peter Wallace, Director Information Technology Services Assistant to City Manager ~ Department Name City Attorney I Finance S\BULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. R07 - 021 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FIVE-YEAR ACCESS CHANNEL SERVICE AND SUPPORT AGREEMENT WITH TELVUE CORPORATION TO REMOTELY ORGANIZE, UPDATE AND MAINTAIN THE CITY'S PUBLIC ACCESS TELEVISION STATION AT NO COST TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TelVue (TVTN) is a network of municipally owned and operated 15 Public, Educational and Government cable television channels which provides municipalities 16 with access to equipment, expertise and supplementary content that augments, but does not 17 replace locally produced programming; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined that it 19 is in the best interests of the residents of the City to approve and execute an Access Channel 20 Service and Support Agreement with TelVue Corporation to remotely organize, update and 21 maintain the City's public access television station at no cost to the City for the first two years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission ofthe City of Boynton Beach, Florida, hereby 29 authorizes and directs the City Manager to execute a five -year Access Channel Service and 30 Support Agreement with TelVue Corporation to remotely organize, update and maintain the S:\CA \RESO\Agreements\ T elVue .doc 1 City's public access television station at no cost to the City for the first two years, a copy of 2 said Agreement is attached hereto as Exhibit "A". 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of March, 2007. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Mack McCray 20 21 22 Commissioner -- Carl McKoy 23 ATTEST: 24 25 26 Janet Prainito, City Clerk 27 28 (City Seal) 29 S:\CA \RE SOlAgreements\ T elVue. doc UVTN'" TelVue Virtual Television Networks ACCESS CHANNEL SERVICE AND SUPPORT AGREEMENT (Sponsorship) This Access Channel Service and Support Agreement (Sponsorship) ("Agreement") is made and entered into as of the __ day of _, 20_, by and between TelVue Corporation, a Delaware corporation with its principal place of business at 16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 ("TeIVue"), and City of Boynton Beach, a FL municipality or school district, with its principal place of administration located at 100 East Boynton Beach Blvd., Boynton Beach, FL 33435 ("Customer"). WHEREAS, A. TelVue has developed a proprietary system (the "System", as further defined herein) to assist municipalities, school districts and others in remotely organizing, updating and maintaining the content of their cable television access channel(s); and B. Customer desires to have TelVue supply the System and its TelVue Virtual Television Network Service (together, the "Services"), and TelVue desires to supply the Services to Customer at no charge to Customer for an initial two (2)-year period; and C. TelVue and Customer believe that the costs of the Services may be supplied to TelVue through sponsorships ("Sponsorships") by third party sponsors (each, a "Sponsor") to be carried on customer's access channel(s) as part of the Services. NOW, THEREFORE, in consideration of the premises set forth above and the mutual covenants contained herein, and intending to be legally bound hereby, TelVue and Customer agree as follows: 1} Prov'is!QQ OC$~lyi(;~S;, a) There shall be no charge by TelVue to Customer for the Services for the first two (2) years of this Agreement. Thereafter, a charge for the Services may be made, but only if TelVue determines that revenues from Sponsorships are insufficient to cover its normal charges for the Services, and Customer agrees to pay for the Services, all as more fully provided hereafter in this Agreement. b) During the term hereof, Customer shall have a license to use the Services solely in connection with the designated access channel(s) ("License"). The Services will remain at all times the property of TelVue, and nothing herein shall be deemed to grant to Customer any right, title or interest in or to the Services, or any portion thereof, other that the License. C I Customer may not give, sell, lease, assign copy, sublicense or otherwise transfer, in whole or in part, this Agreement, the License, the Services, other TelVue-provided materials, or any licenses or rights granted hereunder, except as approved by TelVue in writing. 2) ~_\J~tQ!.n~r Obli-lliltions. a) Customer shall provide TelVue with access to Customer's technical personnel, facilities, systems, databases and information as necessary or appropriate for TelVue to perform its obligations under this Agreement. b) Customer shall appoint a Coordinator to act as liaison between Customer and TelVue. If there is equipment to be located at the Customer location, Customer shall provide and maintain a suitable installation site for such equipment, and shall provide all necessary electrical, cable and modem connections to such location(s). Except as otherwise expressly provided herein, Customer and its users shall have sole responsibility for acquiring and maintaining their own technology environment, including without limitation PC's, laptops, operating systems, servers, Internet access, local area networks and wide area networks (collectively, the "Customer Environment"). Customer hereby represents and warrants to TelVue that the Customer Environment will meet or exceed the minimum requirements for same set forth on Exhibit C hereto. Except as otherwise provided herein, Customer shall be responsible for making any necessary modifications to the Customer Environment, including without limitation all firewalls, proxy servers and other hardware and software, necessary to access or use the System. c) The License granted hereunder is for the object code version of the Software and TelVue-Provided Content only. Customer has no rights to the source code for the Software or the TelVue-Provided Content. Customer shall not, and shall not permit anyone under Customer's direction or control to, reverse engineer, disassemble, de-compile or remove any identifying mark of TelVue or its Licensors from the Software or the TelVue-Provided COOltent or 16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 II 1')(1(- Tel -1.800.885.TVTN ( 8886) Fax-1.856.866.7411 www.tvtn.tv attempt to do so Customer may not modify. adapt, translate or create derivative works of the Software or the TelVue-Provided Content without TelVue's express written consent The System IS licensed as a single product The Software and the TelVue-Provided Content may be used only In conjunction with the System. d) Customer shall be solely responsible for all content supplied by Customer. Customer represents and warrants to TelVue that such content will not violate or infringe any copyright, patent trademark, trade secret, confidentiality or other proprietary right of any third part e) Customer hereby represents and warrants to TelVue as follows (i) Customer has the full power and authority to make, execute, deliver and perform this Agreement, and such execution, delivery and performance have been duly authorized by all necessary action on the part of Customer; (ii) the execution, delivery and performance of thiS Agreement by Customer does not contravene or conflict with, or constitute a breach of any agreement to which Customer is a party. 3) Ir_a_d~_nl~L~C!1J9_~l,L~JgJl1~r~g_oJenJ1k;13nsl:). Customer hereby grants TelVue a license to use and modify content supplied by Customer as necessary or appropriate in performing the Services hereunder and/or in marketing and advertising materials describing the Services. 4) ITllJ',)l13JIl~Q@tio[1-LVill~=-Add~cJ-.9 nd Ad(titigl")~LSes'{lc;~$. a) In connection with establishing connectivity to the System, TelVue shall provide Customer the implementation, installation, training and other services set forth on Exhibit D hereto (collectively, the "Implementation Services") b) From time-to-time during the term hereof, Customer may desire to have TelVue perform certain additional services ("Additional Services"). TelVue shall perform such Additional Services as agreed in writing by the parties subject to the terms and conditions hereof 5) $up"pQ[L$_E;ll}'ic;_~$. During the term of this Agreement, TelVue will furnish Customer support services in connection with the Software (the "Support Services") in accordance with TelVue's then-current support policies and procedures. Any services requested by Customer and provided by TelVue outside the scope of the Support Services shall be billable on a time and materials basis at TelVue's then-current rates 6) ~PQIJ~_gr$bip_ $~r'{i~~s. a)T elVue shall have the exclusive rights to sell Sponsorships to be carried on the access channel( s) that carries the Services Sponsorships shall be strictly limited to those Sponsors that qualify under the gUidelines of the Public Broadcasting stations as shown on Exhibit G. All fees paid for the Sponsorships shall be paid to TelVue Customer shall not Invoice for or collect Sponsorship fees, and shall promptly (but in any event within five (5) days after receipt) remit to TelVue any Sponsorship fees received by Customer. b) From time to time a Corporate Sponsor may conduct or support a local event and may wish to notify the public about these events Customer agrees to approve and air such announcements. 7) T~rr:rLaS1g~13!min<3Jigl"). aj The initial term of this Agreement shall be for five (5) years commencing on the launch date of the Service (the "Initial Term"). Thereafter upon the written agreement of both parties, this Agreement may be renewed for additional one (1) year terms ( "Renewal Term"). Each renewal must be made within 90 days of the expiration of the then current term. b) Notwithstanding, this Agreement may be terminated as follows i) The intent of the parties is that the Services will be provided with no charge to Customer and supported by Sponsorship revenues received by TelVue and no charge shall be made to Customer for the Services for the first two (2) years of this Agreement However, if at any time after the first two (2) years of this Agreement TelVue determines that Sponsorship revenue is insufficient to cover its normal charge for the Services supplied Customer TelVue may, by ninety (90)-days' prior written notice, provide Customer with the option of paying fees specified by TelVue for continuation of the Services or terminate the Agreement Failure of Customer to respond to the option within the ninety (90)-day period shall be deemed to be an election by Customer to continue the Agreement and pay the specified fees for the Services ii) By either party, In the event of a material breach hereof by the other party, which bi-each remains uncured thirty (30) days after written notice thereof is given to the breaching party; or iii) By TelVue, in whole or in part. immediately if TelVue ceases providing the Services to its customers generally. 1 pQQP Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - l.800.885.TVTN ( 8886) Fax - 1.856.866.7411 www.tvtn.tv 8) I?J"QPrie@D'-F3lghts~~CLlJfidentia I itl'. a) As between TelVue and Customer, TelVue and its Licensors shall own all right, title and interest (including without limitation all Proprietary Rights) in and to the System and the TelVue-Provided Content and all components, reproductions, modifications or derivative works thereof, in whole or in part. b) Customer acknowledges and agrees that the Software shall constitute Confidential Information of TelVue for all purposes hereof. Confidential Information shall not include any information which (i) is or becomes available to the public other than as the consequence of a breach of any obligation of confidentiality; (ii) is actually known to or in the possession of Recipient without any limitation on use or disclosure prior to receipt from Disclosing Party' (iii) is rightfully received from a third party in possession of such information who is not under obligation to the Disclosing Party not to disclose the information; or (iv) is independently developed by Recipient without access to the Confidential Information; or (v) is required by customer to be made known by statute, courts or other legal regulation. . 9) lJmited Wilrranty. a)TelVue will use commercially reasonable efforts to correct any error or defect in the Services (each, an "Error"), provided that Customer timely reports such Error to TelVue in writing and assists TelVue in documenting or replicating such Error. In the event that TelVue determines that any reported Error was not caused by the Services, but was the result of a cause within Customer's control, TelVue shall be entitled to reimbursement from Customer for time and materials expended by TelVue in identifying and rectifying such Error. b) TelVue does not warrant that operation of the Services shall be uninterrupted or error free or that TelVue will be able to correct all Errors. To the extent that data is being transmitted over the Internet hereunder, Customer acknowledges that TelVue has no control over the functioning of the Internet and TelVue makes no representations or warranties of any kind regarding the performance of the Internet. TelVue has no responsibility for the accuracy, appropriateness, continuity or availability of TelVue-Provided Content. 10)L[LcJ~mnification. TelVue shall defend, indemnify and hold Customer harmless from and against any and all claims (including any claim or action brought by Customer's cable television operator), liabilities, damages, demands, penalties and expenses (including, without limitation, court costs and attorneys' fees) arising out of or in connection with (a) access to and/or use of the System by TelVue or the TelVue-Provided Content, including Sponsorships, (b) any claim that the System infringes on the Proprietary Rights of any Third Party, or (c) any breach by TelVue of any representation, warranty or covenant of TelVue hereunder. Customer shall, to the same extent, defend, indemnify, and hold TelVue harmless from any use of the System by Customer. 11 )Mi~cellflneous. This Agreement is made under and shall be governed by construed in accordance with the laws of the States of New Jersey. IN WITNESS WHEREOF, the parties hereto have, by their duly authorized representatives, executed this Agreement as of the date first above-written. TELVUE CORPORATION ("TeIVue"): CITY OF BOYNTON BEACH ("Customer"): By: By: Title: Title: Date: Date: ,t..FPROVED (,8 "I..:~) Fe CITY AITOHNEY 1pQQ,0 Horizon Way. Suite 500. Mt. Laurel. NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411 www.tvtn.tv Exhihit List: A. Channel B. Hardware and Software C. Minimum Requirements of Customer Environment D. Implementation Services E. Value-Added Services F. Fees G. TVTN Sponsorship Guidelines lfiQQO Horizon Way, Suite 500. Mt. Laurel, NJ 08054 Tel - 1.800.885TVTN ( 8886) Fax - 1.856866.7411 \NWW. tvtn. tv E:~)(bLbLt A Qbcm r:leJ . Channel Number: . Access Type: . Cable Operator: Government Adelphia . Exclusive or (shared with): Shared Agreement by and between TelVue Corporation and City of Boynton Beach dated January 8, 2007. 1fiQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax ~ 1.856.866.7411 www.Mn.tv Exh ibitf:3 Hardware and Software -~ - ~QJJsor~t1~Model) . Switching Hardware will be installed on the feed to the Cahle Operator for recognizing the s\vitching between the TVTN Feed and alternate sources of video. so that Sponsor Acknowledgment verification can be performed. . Equipment capable of "playing proprietary multi-media program screens and digital video movies, as well as receive text messages from remote locations and display those messages. . Information Screens (screens that contain programming codes that will display a multi-media presentation that can contain: Photographic backgrounds, foreground photographic images. text. animations, voice-over narration. short digital video clips,) . Design and production of video screen templates comprised of photographic background. logos and text. Some containing voice over announcements describing their contents. . Remote access capability for updating text message pages using TVTN's proprietary Internet hased WEBUSR system. Users can post text community announcements or trusted users can generate emergency announcements. . Local emergency screens and related WEBlJSR connectivity. . School emergency closing screens and related WEBUSR connectivity. . Weather screens that can be updated remotely from a weather service to be provided as part of the monthly support program. . Local traffic conditions screen that can be updated from local traffic cameras (if the data is available in your area). . Store and archive video (MPEG) on the TVTN Media Player. . Contain a program wheel. . Scans of photographs for production of templates and program wheel. . Full motion video based statIOn hreaks and channel IDs. . Audio library of screen setups and generic announcements. . Firewall device for installation on High-Speed Internet access connection. Agreement by and hetween TelVue Corporation and City of Boymon Beach dated January 8, 2007.. 16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN (8886) Fax- 1.856.866.7411 www.tvtn.tv Exhibit C Minimum Requirements When Installed at Customer's Location Site Preparation: · Secure, adequate desktop or equipment rack space (minimum 4 U), in an environmentally controlled space, to accommodate the TVTN Media Player within 100 feet of the Cable Operator supplied Channel Modulator. · Uninterruptible AC power source to accommodate up to a quantity of 4, 115 volt-20 amp receptacles · An operational High-Speed Internet Access connection (minimum 768K down, 128K up or better), with an IP address, and open access to the Internet so that TelVue may install its FirewalllVPN equipment. · Calibrated Video Signal for each channel(s) supplied from the serving Cable Operator's Channel Modulator. · Customer extends a coax cable connection from the Channel Modulator, and a Category 5, 5e or 6 network connection from a High-Speed Access demarcation, each not to exceed 100 feet, and each to terminate where the TVTN supplied Media Player will be located. · Minimum of one WEBUSR capable desktop or laptop. · A site survey conducted by TVTN personnel or their agents may determine that more minimum requirements may be required, based on the customer's facility. Implementation Phase: · Access to and support from technically proficient individuals familiar with the Cable Operator Channei Modulator connectivity and the customer managed WAN and LAN connectivity during the Implementation Phase. · Minimum of one customer-designated individual for the on-site training and WEBUSR testing. Agreement by and between TelVue Corporation and City of Boynton Beach dated January 8, 2007. 'RQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411 www.tvtn.tv Exhibit 0 -_._._-~-------- LmJ21e m_e nlQ!i~IJ$ e ryi ce ~ TelVue shall implement within. _ days of the execution of this agreement or bYm 20, whichever IS later, complete system capable of activation on the customer's Cable Access Channel. and includes the following features. . Installation and use of the hardware and software for the designated contract. . Setup of content for the initial program wheel. . Scans of up to twenty five (25) photographs provided by Customer for production of templates and program wheel. . Record up to twenty five (25) generic Audio Announcement Library messages. . Develop up to four (4) category Templates for WEBUSR Screens. . Create up to lenfour category Bumper Screens with Audio. . Create up to four (4) local Emergency Alert Templates with "Instant Insertion". . Setup of school closing screens four (4) with "'Instant Insertion". . Production of up to two (2) full motion video based station break channel ID. From video provided by Customer. . Setup of a series of Weather screens that can be updated remotely from a weather service to be provided as part of the monthly support program. . Setup of local traffic condition screen that can be updated from FLDOT (if the data is availa from them). . Setup for one administrator and up to twenty (2m users (either "'trusted" or "' moderated" in any combination Customer selects). Users can post text community announcements or trusted users can generate emergency announcements. . Development of Network Content Templates. Agreement by and between TelYue Corporation and City of B"ynton Beach dated January 8, 2007. 1 fiqrOO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411 WWW.tvtn.tv Exhibit E Value-added Services During the term of this agreement, TelVue will provide to the customer in consideration for the monthly support fee: Monthly Services Include: . Use of the TVTN Media Player. · Maintenance and repair of all TVTN provided equipment and software at Installed location. · Emergency equipment replacement or repair. · Twenty-four hour, seven-days a week remote monitoring of TVTN equipment with the ability to diagnose hardware and software problems, repair them and reboot the player. · Distribution and scheduling management of up to two hundred (200) total channel screens. · Capability to display up to twenty (20) High Production Screens · Delivery of TVTN formatted information and programming from third party governmental and educational sources. · Licensing and server support for five (5) WEBUSR users (remote access). · Production of up to four (4) "highly produced" screens (Photos, video clips, headlines, animations, graphics and audio voiceover) for special events, from materials and copy provided by Customer, or Superuser status. TVTN superuser status allows a user to create their own High Production Screens. · As needed Program Wheel Screen Position adjustments. · Up to included Video to MPEG Conversion (:30 seconds per conversion). · Weather forecasting licensing service to run on the weather screen. · Real Time Traffic (if available). · TVTN County, State & Federal Network (if available). . PSA-Public Service Announcements. Agreement by and between TelVue Corporation and City of Boynton Beach jated January 8, 2007. 1RQ9,0 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel-1.800.885.TVTN(8886) Fax-1.856.866.7411 www.tvtn.tv Exhibit F ---..----- .- Eee~ (First two years waived under Sponsorship Plan) Start-Up Charge: $12,000.00 Monthly Service Fee: S 500.00 Billing lnfonnation Address: Attention: Purchase Order or File #: []Quarterly Billing DAnnual Billing or Agreement by and between TelVue Corporation and City of Boynton Beach dated January 8. 2007. 1,qQQO Horizon Way, Suite 500, Mt Laurel, NJ 08054 Tel - 1.800.885TVTN (8886) Fax- 1.856.866.7411 WWW.tvtn.tv Exhibit G - - TVTN Sponsorship Guidelines In order to meet non-commercial requirements TVTN has set out guidelines that are followed Public Broadcasting Stations: Sponsorship Acknowledgment Guidelines (PBS-Iike): Permissible: Name ofproduct(s) and/or service(s) I. Up to : 15 seconds of acknowledgement 2. Name ofproduct(s) and/or service(s) 3. Company location 4. Number of years in business 5. E-mail address or website (preferably visually depicted) 6. Telephone number 7. Non-promotional, value-neutral descriptions of products or services 8. Use of well-known mottos or slogans that are non-promotional in nature o Signature music or appropriate sound effects as a means of enhancing visual and voice-over that are non-promotional in nature Non-Permissible: I. Overt promotion of products or services 2. Price reference 3. Call to action or inducement to buy 4. Comparative or qualitative descriptions of products or services S. Third-party reviews (from newspapers, magazines, etc.) Standards and Practices: Sponsorships will not be accepted from the following: I. Liquor stores or bars or other establishments whose primary business is the sale of alcohol. (Restaurants that serve alcohol excluded, provided alcohol is not mentioned in the acknowledgement). 2. Any manufacturer or distributor of beer, alcohol or tobacco. 3. Any entity that promotes the use or sale of illegal drugs or drug paraphernalia. 4. Adult bookstores, adult movie houses and video dealers or strip clubs or any other entity that provides aduit oriented content or products by mail-order or through the internet. 5, Political parties, lobbying groups, political action committees or cause based organizations. 6. Direct Broadcast Satellite services or competitive media. 7. Any illegal or off shore gambling entity or entity that provides infonnation that enables or can be associated with illegal gambling. 8. Manufacturers or sellers of firearms, ammunition, gun repairs, accessories, targets, stun guns, tear or pepper gas dispensers, and rifle and pistol ranges. Retailers who sell other products not fireann related can be sponsors provided they do not promote fireann related products (for example, department stores and sporting goods stores). 1Rl;1Q0 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax- 1.856.866.7411 www.tvtn.tv WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 3. Has the local government been supportive of the investments made by the private sector listed in the above question? For example, has the public sector made in-kind or matching contributions? Have processes been expedited for certain projects? Describe how or why not. 4. Have there been attempts in the past five years to revitalize the waterfront area? Who initiated them? What was the nature of the effort? What was the outcome (have plans and projects been implemented)? Why do you think this outcome occurred? 2007-2009 Application Page 180/28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM v. Governmental Support 1. Has the local government initiated any revitalization efforts specifically for the \\'aterfront area in the past five years? Provide detail regarding the type and success of these efforts. 2. Have the local government and private sector collaborated on any waterfront projects in the past five years? If so, please describe these efforts. ]007-]009 Application Page 19008 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 3. How will the work done under the Waterfronts Florida Partnership Program be integrated back into the local comprehensive plan and the implementation activities of the local government and its planning department? Please be specific. 2007-2009 Application Page 20 of28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM VI. The Partnership 1. Explain as specifically as possible how the Waterfronts Florida Partnership Program can be of value to your community. What exactly does the community hope to accomplish through this program? 2. Describe the top three technical assistance needs of your community with respect to ,'\'aterfront revitalization. 20()7-2009 Application Page 21 ojl8 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 3. Briefly describe a proposed two-year work program for your community's participation in the Waterfronts Florida Partnership Program. Your work program should be based on the required tasks identified in the Program Materials and should indicate how meaningful public involvement will be incorporated into your community's Waterfronts Florida Partnership. 4. A fundamental goal of the Waterfronts Florida Partnership Program is to create a network and a set of models for other communities to examine and to learn from regarding the environment, economic revitalization, and organizational building within the waterfront context. Describe why your community would be a good model for others and why your community should be selected to participate. 2007-2009 Application Page 22 of 28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 5. What have we not asked that you want to tell us? Page 23 ofJ8 2007-2009 Application WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Appendices Appendix A: Map of Waterfront Area a. The area should be contiguous, cohesive and well-defined. b. The area should be of a manageable size. c. The area should have a common identity, focusing on its waterfront proximity. d, The map must include the area where the water and the land meet. Appendix B: Organizational Chart of the Participants Involved in the Revitalization Effort Appendix C: General Letters ofSupportfrom Businesses, Organizations, Citizens, and Other Parties Appendix D: City Council/County Commission Resolution Expressing Support and Commitmentfor Participation in the Waterfronts Florida Partnership Program Appendix E: Slides a. Include 15-30 PowerPoint slides of the waterfront area. b. Number each slide and indicate on an accompanying map (can be a copy ofthat provided in Appendix A) where each slide was taken and where the vantage point is. Also, on another sheet of paper, or the digital image, describe each slide, what the image is, and its significance. c. Submit the slideshow on a CD (one CD for each copy of the application). d. Include examples of the following: · The interface between the water and the built environment · Any public improvements in the waterfront area · Any historically significant buildings · Land uses around the waterfront · Any areas or buildings that are in need of revitalization Appendix F: Guidefor Evaluation Criteria Appendix G: Application Acknowledgement FOMll 2007-2009 Application Page 24 of 28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Appendix F: Guidefor Evaluation Criteria Waterfronts Florida Partnership Application - 2007-2009 All criteria are evaluated on a range from 0 (Not demonstrated) to 5 (Effectively Demonstrated). 1. Characteristics of the Community a. Appears to be strong leadership, commitment and support from elected officials. Elected officials demonstrate strong interest in project through letters and activity in the specified area. Local government is willing to pursue activities to revitalize waterfront. b. Appears to be strong leadership, commitment and supportfrom Community stakeholders. Citizen activity in regards to the waterfront is strong. This could be demonstrated through letters of support, past projects on the waterfront, or civic group participation. Further, private investment and interest in the waterfront area are strong. c. Community seeks to balance resource protection and economic development. The local government is actively pursuing both economic development and environmental protection or is cognizant of both types of activity when developing plans of action for the community. d. City/County and waterfront relations support each other. The concept of waterfront revitalization is in sync with plans for the city/area. The specified ,,,,'aterfront area could be an integral component of the larger community/city. The city (or county) and waterfront businesses collaborated on past projects for revitalization or have a good working relationship. e. Local businesses and citizens are committed to revitalization. Businesses are interested in revitalization as seen in letters of support; previous experience of business community in redevelopment. Individual businesses have renovated offices or shops. f. The community is committed to long-term, incremental revitalization efforts. Community is willing to hire a long-term program manager. g. Revitalization is not in conflict with the comprehensive plan. Concepts regarding waterfront revitalization are supported by comprehensive plan citations if the specified area is delineated as a special area in the comprehensive plan. h. Both the private and governmental sectors are committed to revitalization. Local government and businesses are willing to continue to invest in waterfront area. There is a strong commitment to improving the area. 2007-2009 Applical/of1 Page 25 0/28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Government and businesses are willing to contribute to the revitalization effort through donations, staff, equipment, etc. Local government has initiated other efforts to revitalize the area. 1. The Waterfronts Florida Partnership Program can be useful to this community. Community's views of how this program will be beneficial are similar to the goals of the program. The waterfront community is in need of organizing and training regarding waterfront issues. The waterfront community sees the strength of technical assistance for waterfront revitalization. The community appears capable of creating and beginning implementation of a revitalization plan for the area by the end of the two-year program cycle. 2. Readiness of the Applicant a. The Applicant demonstrates the organizational andfinancial readiness to manage the proposed Waterfronts Florida Partnership. b. There is an understanding of and commitment to the Waterfronts Florida approach. The Applicant demonstrates an understanding of and commitment to the four priority concerns of Waterfronts Florida: protecting environmental and cultural resources, providing public access, mitigating hazards, and enhancing the viable traditional economy. The Applicant also demonstrates an understanding of and commitment to conducting a meaningful public involvement process as part of its Waterfronts Florida efforts. c. Past efforts demonstrate a strong desire to plan and implement community projects. There is evidence of an ability to plan and implement community projects, whether in the waterfront target area or elsewhere. d. There appears to be willingness to commit staff, space and other support such as travel expenses. The local government, agencies, private organizations, or local civic groups are willing to commit office space, equipment, supplies, etc. and provide for travel of program manager to establishing this program. 3. Characteristics of the Proposed Waterfronts Florida Area a. Waterfront area is amenable to revitalization - public access potential; maritime culture and history; history of water dependent economy. There is documentation that a traditional working waterfront did or still does exist in the specified area; there is a history of the community focusing on the waterfront area; people have or could have access to the waterfront. b. Waterfront area is of manageable size, can be delineated and is fairly contiguous. Edges are clear and well-chosen and relate to the surroundings; the specified area is well-defined and is not unwieldy; the specified area is cohesive, has a common identity/focus, and could be said to have a "sense of place." 4. Other Criteria 2007-2009 Application Page 26 0/28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM a. The supporting documentation, including slides, maps, resolutions and letters of support required in the Application. b. All other factors being equal, the Review Committee shall give preference to Applications from areas of the state not currently served by the Waterfronts Florida Partnership Program in order to give all regions of the state an opportunity to benefit from the program. The training and technical assistance provided to designated communities through the Waterfronts Florida Partnership Program often influence neighboring communities, cultivating interest in waterfront revitalization and preservation of public access. For this reason, uniform geographic distribution of the limited resources available through the Waterfronts Florida Partnership Program provides optimum benefit to the citizens of the state. WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Appendix G: 2007-2009 Application Acknowledgement Form I I Please type or print return address in the space below: I Name Organization Address City, FL zip WATERFRONTS FLORIDA PARTNERSHIP PROGRAM (Community Name) 2007-2009 Application The Waterfronts Florida PartnershiP Program is a program of tile DefJmtment of ComnmrHty Affairs and is funded in part by' the Flonda Department of Em'ironmental Protection, Florida CoastallvlwWl;ement Program, and the National Oceanic and AtmosfJheric Admmislration (NO/v\). The views expressed herem me thCl.\t' of tile author(s) and do not necessarily refiect the 1'leU' or rhe State of Florida, NOAA, or all\ of Irs sHbagmcies. I . ., . '1t/ ~\ _.r ...J~'\. .~' I, ) . . ".," ,,1"':' ~""f....<t ~., ...r WATERFRONTS FLORIDA PARTNERSHIP PROGRAM CONTENTS Application Requirements................. .................................,....................................................... 3 Eligibility Requirements......................................................................,..................................... 4 Applicant Information................................................................................................................ 5 Public Official Certification............ ................... ......... .................... .............. ..... .......................7 Eli gi b i I i ty Questions.................................................................................................................. 8 Project Overview and Evaluation.... ..... ................... ......... ................... ..... .............................. .12 I. Description of the Waterfront Area ...................................................................................12 II. Past, Present, and Future of the Waterfront .....................................................................14 III. Community Commitment.................................................................................................. .15 IV. Investment in the Waterfront Area..................................................................................... 17 V. Governmental Support...................................................................................................... .19 VI. The Partnership..................................................................................,.............................. 21 Appendices...................................................................................................................... .........24 Appendix A: Map of Waterfront Area.......................... ........... ......................... .......................24 Appendix B: Organizational Chart..... ............. ............ ........... .................. ..... ................. ........24 Appendix C: General Letters of Support................... ............. ...... ..... ....... ........ ......................24 Appendix D: Local Government Resolution of Support......................................................... 24 Appendix E: Slides.................................................................................................................. 24 Appendix F: Guide for Evaluation Criteria........................................................................... 25 Appendix G: 2007-2009 Application Acknowledgement Form .............................................. 28 2007-2009 Application Page 2 of28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Application Requirements Applications must be received at the office of the Waterfronts Florida Partnership Program no later than 4:30 p.m. on Wednesday, March 21, 2007. Submit applications to: Department of Community Affairs Division of Community Planning Waterfronts Florida Partnership Program Attention: Jennifer Z. Carver, AICP 2555 Shumard Oak Boulevard, Room 365C Tallahassee, Florida 32399-2100 Call Jennifer Z. Carver at (850) 922-1772 or iennifer.carver(aldca.state,fl.us with any questions. Additional copies of this application may be downloaded from www.dca.state.t1.us/fdcp I dcp Iwaterfronts. Check each item below to indicate that it is included in your application package. Return this list with the rest of the application package. Submit one (1) original and nine (9) copies of the application package. In addition, submit ten (10) sets of PowerPoint slides on CD vvith accompanying description (see Appendix E). Complete application packages must include: 1. The completed application form; 2. A map clearly indicating the proposed Waterfronts Florida Partnership area (See Appendix A for details); 3. An organizational chart showing the relationship between the program manager, the applicant (county or municipal government or nonprofit organization working with this government), the program manager's supervisor, the advisory group and any other pertinent parties (Appendix B); _J 4. Letters of support from merchants, organizations, citizens, and other parties (Appendix C); ] 5. A City Councilor Board of County Commissioners resolution expressing support for participation in the Waterfronts Florida Partnership Program (Appendix D). If the applicant is a nonprofit organization, the local government resolution must express specific support for working with the applicant on the local Waterfronts Florida Partnership; 6. A Power Point presentation of 15-30 slides that show different physical conditions around the waterfront (Appendix E). The slides should be labeled with an additional map indicating where each slide was taken and where the image is in the proposed Waterfronts Florida Partnership area. A brief description of each slide should be included. Please include a CD of your presentation with each copy of the application. 7. Completed Application Acknowledgement Form (a copy will be returned to Applicant upon receipt of the application) (Appendix G). 2007-2009 Applicarion Page 3 0{28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM PLEASE REVIEW THIS CHECKLIST CAREFULLY & INCLUDE ALL REQUIRED MATERIALS. Eligibility Requirements The following are criteria that the applicant must meet to be eligible for this designation: . The applicant must be 1) a municipal or county government or 2) a local nonprofit organization or other similar organization participating with the county or municipal government (nonprofit organizations must demonstrate a good working relationship with local government staff and officials); . The community must be a coastal community required to prepare a coastal element for the local government comprehensive plan; . The local government comprehensive plan must be in compliance as defined in Chapter 163, Part II, Florida Statutes; . The community must be able to provide a program manager for at least two years and have secured this person immediately upon designation. The community must also be able to fund travel expenses for the program manager to attend training and other meetings associated with the program. If a community cannot provide afull-time manager, there needs to be sufficient justification that the program will still be a success with a part-time manager. Communities are strongly urged to utilize full-time managers and retain them for longer than the two-year program period. . The applicant must commit to creating a Waterfronts Florida Partnership Committee by the time of designation with at least one member representing the county or municipal government; and · The designated waterfront area cannot include a major, deep-water port; i.e., it cannot generate more than $5 million annually in operating revenues. · The designated waterfront area should be contiguous, a manageable size, and have a common identity, focusing on its waterfront proximity. 2007-2009 Application Page 4 0/28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Applicant Information City /Town: jCounty: Mailing Address: Contact Phone Number: Contact Fax Number: Contact Email Address: Please identify the person responsible for completing this application. Name: Title: Organizational Affiliation: Signature: If the applicant is not a county or municipal government, please provide the following: . a mission statement of the applicant organization; . a description of the organization's status [incorporated, 501(c)(3), etc.]; . date organization was established; . proof of partnership with the local government, including the following: o a description of how the proposed Waterfronts Florida Partnership's activities will be coordinated with local government processes; o a description of the offices in local government that are involved with the Partnership; o a resolution from the local government specifying support for working with the nonprofit organization on the local Waterfronts Florida Partnership (Appendix D); . a statement explaining why the applicant is interested in leading this revitalization effort; . details on activities and projects that the organization has accomplished in the last three years; 2007-2009 Application Page 5 0/28 WATERFRONTS FLORIDA P ARlNERSHIP PROGRAM . a description of grants and financial management experience, including audited financial statements, if available. 2007-2009 Application Page 60f28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Public Elected Official Certification I hereby certify that the CityjCountyjTownjVillage of ____ endorses the submission of this application and agrees to participate in the Waterfronts Florida Partnership Program. We understand the requirements of the program, including the need to provide a program manager and sufficient traveljexpense money to actively participate in programmatic meetings and events. We hereby commit to monitoring the outcome of the partnership and reporting progress. Chief Elected Official or designee: Title: Signature: Date: STATE OF FLORIDA, COUNTY OF Sworn to (or affirmed) and subscribed before me this day of 2007 by . Personally known or Produced Identification Produced Type of Identification Notary Signature Print, Type or Stamp Name of Notary Commission No. My Commission Expires: 2007-2009 Application Page 7 of 28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Eligibility Questions 1. Attach a map outlining the area proposed for the Waterfronts Florida Partnership Program. Make sure that the boundaries of the target area are clearly marked and labeled. Attach this as Appendix A. Explain why this area was chosen. 2. In which local government (county or municipal) jurisdiction is the specified waterfront area located? 3. Comprehensive planning a. Is a coastal element included in the local comprehensive plan? If yes, cite the section. b. Is the proposed Waterfronts Florida Partnership area within the coastal planning area identified in the coastal element? 4. Is the local comprehensive plan "in compliance" as defined in Chapter 163, Part II, Florida Statutes? Please list date oflast comprehensive plan amendments and date of last Evaluation and Appraisal Report. 2007-2009 Application Page 8 of28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 5. Does the specified waterfront area also contain a deep-water port? If yes, include the port's approved budget for the current and past year and most recent audited financial statement. (To be eligible, revenues cannot exceed $5 million.) 6, The applicant must be prepared to have a Waterfronts Florida Partnership Committee (an established organization or core group of individuals committed to coordinating the Waterfronts Florida Partnership Program) in place upon being designated as a Waterfronts Florida Partnership Community, This entity must have the ability to oversee development of a community vision and revitalization plan for the waterfront and to oversee the implementation of said plan. Additionally, at least one member should represent the county or municipal government with jurisdiction. The other members should represent the various interests in the target waterfront area including business, industry, and citizen interests. Once designated, the Department will provide assistance to the Applicant in development of a public outreach plan to ensure broad participation in all facets of the Waterfronts Florida process. a. If such a group exists, and will serve as the Waterfronts Florida Partnership Committee, identify and describe its operation, composition, when and by whom it was appointed, and significant accomplishments. b. If such a group does not exist, identify when it will be established, what form it will take, what authority it will have, and who will serve on it. Identify how this committee will be linked to the 10cal government. Page 9 of 28 2007-2009 Application WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 7. The Waterfronts Florida Partnership Program requires that each waterfront area have a program manager by the time of designation to coordinate and administer activities. Provide the following information to confirm that a program manager will be provided. If a community cannot provide a full-time manager, please state why this is so and why you believe a part-time manager would be suitable for this endeavor. Attach a job description and organizational chart in Appendix B. Program Manager's Name Proposed Starting Date Supervising Agency Direct Supervisor (provide information below) Name Title Telephone Number Facsimile Number , , Email Address Source of Funding for Program Manager's Salary 8. If the proposed program manager is an existing employee, what other responsibilities will he/she have? 2007-2009 Application Page 10 of28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 9. Where will the program manager have access to office support such as photocopying, telephone, fax, word processing, etc.? 10, The program manager will be required to attend at least two (2) training workshops per year and four (4) quarterly program managers' meetings per year over the course of the two-year program. Is there currently money available in the budget to cover these costs associated with travel? Identify the departmental budget from which the funds will be taken. Will these funds be available upon designation? If not, what actions will be taken to ensure the program manager is able to attend these meetings? Page 11 of'28 2007-2009 Application WATERFRONTS FLORIDA PARTNERSHIP PROGRAM: Project Overview and Evaluation I. Description of the Waterfront Area 1. Attach a CD with a Power Point presentation with 15-30 slides detailing the conditions within the area specified as the waterfront area. These slides should demonstrate the overall quality of the built and natural environment, the interface between land and water, and the existing uses of the waterfront. Include a brief description of each slide and locate each slide on an area map. Further guidelines for slides are found in Appendix E. Attach a printout of the slides and all other requested materials in Appendix E. 2. What is the composition ofland uses in the designated waterfront area? Please give this information in terms of approximate percentages. Please also provide the size of the waterfront area in acres. Size of designated waterfront area acres Commercial % Industrial % Private residential % Public-owned % Vacant buildings or lots % Other (please specify) % 2007-2009 Application Page 12 of28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 3. The Waterfronts Florida Partnership Program has four major areas offocus: environmental and cultural resource protection; hazard mitigation; public access; and enhancement of the viable traditional economy. Using these four categories, please specifically describe the individual problems and issues that are present in the target waterfront area. Your description should show an understanding of the issue and identify what you are trying to accomplish in each of these focus areas. Environmental and Cultural Resource Protection :: Hazard Mitigation Public Access i Enhancement of the Viable Traditional Economy Page /3 oj'!.8 2007-2009 Application WATERFRONTS FLORIDA PARTNERSHIP PROGRAM II. Past, Present, and Future of the Waterfront 1. Give a brief description of the waterfront area, providing details on the historical water-dependent economic uses of the waterfront. Include a discussion of how this has evolved, what has changed and what issues and problems you are trying to resolve with respect to the waterfront area. 2. Describe any major changes in the physical condition of the waterfront area in the past five years (For example, destruction by hurricane, decline in maintenance, new construction, major building rehabilitation, etc.). 2007-2009 Application Page 14 of28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM III. Community Commitment 1. Does the local comprehensive plan delineate the waterfront area for special consideration or planning activities? If so, please describe and attach the appropriate sections of the plan. 2. Has the area received other designations, such as historic district, community reinvestment area, enterprise zone, etc.? Briefly describe current plans for public and private investment or business assistance in the waterfront area. 3. In addition to the waterfront organization, list private sector groups, such as the Chamber of Commerce, Merchants' Association, neighborhood groups, historical societies, etc., that support waterfront revitalization and describe how they are involved with the waterfront. Attach letters of interest or commitment from these and other groups to this application in Appendix C. Page J 5 of28 2007-2009 Application WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 4. Are there any formalized groups, such as a Community Development Department, Community Redevelopment Agency, Downtown Development Agency or other well- organized nongovernmental organizations, that are involved in the waterfront area? If so, please describe their work for the past three years. How successful have the groups been in addressing and reaching their goals and objectives? How will they be involved in future waterfront work? 5. Have there been significant contributions, either financial or in-kind, from local residents, businesses, or other interest groups for the redevelopment of the waterfront area? Estimate total and average financial contribution and describe the types ofin-kind contributions received. Also, are there any pledges or financial commitments for future work? 2007-2009 Application Page 160/28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM IV. Investment in the Waterfront Area 1. Describe any major public investments in the waterfront district over the past five years. Include the approximate cost of each and its source offunding. Examples of public investment include, but are not limited to: public building renovation, infrastructure improvements, and park development. Sources of funding may include grants, bonds, and general revenue. 2. Describe any major private investments in your waterfront area in the past five years. Estimate the value of each investment. Page 17 0128 2007-2009 Application WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 3. Has the local government been supportive of the investments made by the private sector listed in the above question? For example, has the public sector made in-kind or matching contributions? Have processes been expedited for certain projects? Describe how or why not. 4. Have there been attempts in the past five years to revitalize the waterfront area? Who initiated them? What was the nature of the effort? What was the outcome (have plans and projects been implemented)? Why do you think this outcome occurred? 2007-2009 Application Page 18 of28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM v. Governmental Support 1. Has the local government initiated any revitalization efforts specifically for the \\'aterfront area in the past five years? Provide detail regarding the type and success of these efforts. 2. Have the local government and private sector collaborated on any waterfront projects in the past five years? If so, please describe these efforts. Page 19 of28 2007-2009 Application WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 3. How will the work done under the Waterfronts Florida Partnership Program be integrated back into the local comprehensive plan and the implementation activities of the local government and its planning department? Please be specific. 2007-2009 Application Page 20 of 28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM VI. The Partnership 1. Explain as specifically as possible how the Waterfronts Florida Partnership Program can be of value to your community. What exactly does the community hope to accomplish through this program? 2. Describe the top three technical assistance needs of your community with respect to waterfront revitalization. 2007-2009 Application Page 21 0/28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 3, Briefly describe a proposed two-year work program for your community's participation in the Waterfronts Florida Partnership Program. Your work program should be based on the required tasks identified in the Program Materials and should indicate how meaningful public involvement will be incorporated into your community's Waterfronts Florida Partnership. 4. A fundamental goal ofthe Waterfronts Florida Partnership Program is to create a network and a set of models for other communities to examine and to learn from regarding the environment, economic revitalization, and organizational building within the waterfront context. Describe why your community would be a good model for others and why your community should be selected to participate. 2007-2009 Application Page 22 of 28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 5. What have we not asked that you want to tell us? 2007-2009 Application Page 23 o128 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Appendices Appendix A: Map of Waterfront Area a. The area should be contiguous, cohesive and well-defined. b. The area should be of a manageable size. c. The area should have a common identity, focusing on its waterfront proximity. d. The map must include the area where the water and the land meet. Appendix B: Organizational Chart of the Participants Involved in the Revitalization Effort Appendix C: General Letters of Support from Businesses, Organizations, Citizens, and Other Parties Appendix D: City Council/County Commission Resolution Expressing Support and Commitmentfor Participation in the Waterfronts Florida Partnership Program Appendix E: Slides a. Include 15-30 PowerPoint slides ofthe waterfront area. b. Number each slide and indicate on an accompanying map (can be a copy of that provided in Appendix A) where each slide was taken and where the vantage point is. Also, on another sheet of paper, or the digital image, describe each slide, what the image is, and its significance. c. Submit the slideshow on a CD (one CD for each copy of the application). d. Include examples of the following: · The interface between the water and the built environment · Any public improvements in the waterfront area · Any historically significant buildings · Land uses around the waterfront · Any areas or buildings that are in need of revitalization Appendix F: Guidefor Evaluation Criteria Appendix G: Application Acknowledgement Form 2007-2009 Application Page 24 of 28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Appendix F: Guidefor Evaluation Criteria Waterfronts Florida Partnership Application - 2007-2009 All criteria are evaluated on a range from 0 (Not demonstrated) to 5 (Effectively Demonstrated). 1. Characteristics of the Community a. Appears to be strong leadership, commitment and supportfrom elected officials. Elected officials demonstrate strong interest in project through letters and activity in the specified area. Local government is willing to pursue activities to revitalize waterfront. b. Appears to be strong leadership, commitment and support from Community stakeholders. Citizen activity in regards to the waterfront is strong. This could be demonstrated through letters of support, past projects on the waterfront, or civic group participation. Further, private investment and interest in the waterfront area are strong. c. Community seeks to balance resource protection and economic development. The local government is actively pursuing both economic development and environmental protection or is cognizant of both types of activity when developing plans of action for the community. d, City/County and waterfront relations support each other. The concept of waterfront revitalization is in sync with plans for the city/area. The specified waterfront area could be an integral component of the larger community/city. The city (or county) and waterfront businesses collaborated on past projects for revitalization or have a good working relationship. e. Local businesses and citizens are committed to revitalization. Businesses are interested in revitalization as seen in letters of support; previous experience of business community in redevelopment. Individual businesses have renovated offices or shops. f. The community is committed to long-term, incremental revitalization efforts. Community is willing to hire a 10ng-term program manager. g. Revitalization is not in conflict with the comprehensive plan. Concepts regarding waterfront revitalization are supported by comprehensive plan citations if the specified area is delineated as a special area in the comprehensive plan. h. Both the private and governmental sectors are committed to revitalization. Local government and businesses are willing to continue to invest in waterfront area. There is a strong commitment to improving the area. 20U7-2009 ApplicaTiol7 Page 25 of28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Government and businesses are willing to contribute to the revitalization effort through donations, staff, equipment, etc. Local government has initiated other efforts to revitalize the area. 1. The Waterfronts Florida Partnership Program can be useful to this community. Community's views of how this program will be beneficial are similar to the goals of the program. The waterfront community is in need of organizing and training regarding waterfront issues. The waterfront community sees the strength of technical assistance for waterfront revitalization. The community appears capable of creating and beginning implementation of a revitalization plan for the area by the end of the two-year program cycle. 2. Readiness of the Applicant a. The Applicant demonstrates the organizational andfinancial readiness to manage the proposed Waterfronts Florida Partnership. b. There is an understanding of and commitment to the Waterfronts Florida approach. The Applicant demonstrates an understanding of and commitment to the four priority concerns of Waterfronts Florida: protecting environmental and cultural resources, providing public access, mitigating hazards, and enhancing the viable traditional economy. The Applicant also demonstrates an understanding of and commitment to conducting a meaningful public involvement process as part of its Waterfronts Florida efforts. c. Past efforts demonstrate a strong desire to plan and implement community projects. There is evidence of an ability to plan and implement community projects, whether in the waterfront target area or elsewhere. d. There appears to be willingness to commit stqff, space and other support such as travel expenses. The local government, agencies, private organizations, or local civic groups are willing to commit office space, equipment, supplies, etc. and provide for travel of program manager to establishing this program. 3. Characteristics of the Proposed Waterfronts Florida Area a. Waterfront area is amenable to revitalization - public access potential; maritime culture and history; history of water dependent economy. There is documentation that a traditional working waterfront did or still does exist in the specified area; there is a history of the community focusing on the waterfront area; people have or could have access to the waterfront. b. Waterfront area is ofmanageable size, can be delineated and is fairly contiguous. Edges are clear and well-chosen and relate to the surroundings; the specified area is well-defined and is not unwieldy; the specified area is cohesive, has a common identity/focus, and could be said to have a "sense of place." 4. Other Criteria 2007-2009 Application Page 26 of28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM a. The supporting documentation, including slides, maps, resolutions and letters of support required in the Application. b. All other factors being equal, the Review Committee shall give preference to Applications from areas ofthe state not currently served by the Waterfronts Florida Partnership Program in order to give all regions of the state an opportunity to benefit from the program. The training and technical assistance provided to designated communities through the Waterfronts Florida Partnership Program often influence neighboring communities, cultivating interest in waterfront revitalization and preservation of public access. For this reason, uniform geographic distribution of the limited resources available through the Waterfronts Florida Partnership Program provides optimum benefit to the citizens of the state. WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Appendix G: 2007-2009 Application Acknowledgement Form o 10 o ! Please type or print return address in the space below: Name Organization Address City, FL zip (lRhfP1,.h~11 ". (;" :c,c/' ,~';"." t', '" r ./ , ," .', ^'. ',' .,.. ., .. -', '.:, c:t'(I1Y1 ~/ j~'~ i l 0 Program Guidelines Introduction What is the Waterfronts Florida Partnership Program? What Does Waterfronts Florida Offer to Communities? Who Can Apply for Designation? What Happens Once My Community is Designated? How do I get More Information about Waterfronts Florida? How does a Community Apply to be a Designated Waterfronts Florida Partnership Community? Who Reviews the Applications? What is the Application Review Process? What are the Review Criteria for Applications? Introduction Thc Waterfronts Florida Partnership Program is defincd in Chapter 342.20 I, Florida Statutes. The purposes of this document are to provide: . Procedures and criteria for thc selection of communities for participation in thc Waterfronts Florida Partnership Program, and . Procedures for administration of the Waterfronts Florida Partnership Program. Thc Division of Community Planning, Florida Dcpartment of Community Affairs, administers the Waterfronts Florida Partnership Program, a technical assistance program for Florida communities, which encourages revitalization of recreational and commercial working waterfronts with the following priority concerns: protecting environmental and cultural resources, providing public access, mitigating hazards, and enhancing the viable traditional economy. What is the Waterfronts Florida Partnership Program? . The Waterfronts Florida Partnership Program began in 1997 and provides tcchnical assistance and support to communities in revitalizing waterfront areas in Florida through the implementation of the Program and general technical assistance and information for waterfront communities. The waterfront revitalization targets four major issue areas: environmental and cultural resource protection, public access, retention of viable traditional waterfront economies, and hazard mitigation. . Waterfront communities are designated for participation in thc Waterfronts Florida Partnership Program by the competitive process prescribed in this document. . The structured training and technical assistance provided to designated communities through the Waterfronts Florida Partnership Program continues for a period of up to two years following designation. After their initial two-years of participation, designated communities shall receive additional training and technical assistance consistent with available resources. . By the cnd of the two-year designation period, designated communities will have: Waterlronts Florida Partnership Program Guidelines Januarl' 5, 2007 Page I of7 . Developed a vision plan and action plan · Created successful relationships among local government, businesses, community organizations, citizens and others · Organized themselves into highly functioning committees with a large number of volunteers and high energy · Begun to implement their vision, including development of comprehensive plan amendments, land development code changes, overlay guidelines, conceptual designs for beautification/enhancement projects, and other projects · Sought funding and other resources for implementation of their vision What Does Waterfronts Florida Offer to Communities? Designated Waterfronts Florida Partnership Communities are expected to participate in the services available to All Waterfront Communities (listed above) and, in addition, shall receive services to be delivered over two years that shall include: · A Statewide Coordinator who is responsible for conducting the statewide Waterfronts Florida Partnership Program and delivery of related training and technical assistance services. · Biennial Orientation Training - A 2-day training workshop that provides procedural information regarding participation in the statewide Waterfronts Florida Partnership Program, the four priorities, public involvement, and specific tasks associated with the funding. This training event is targeted to newly-designated Waterfronts Florida Partnership Communities, but is open to all communities in the state. · Quarterly Waterfronts Florida Program Managers' Meetings that rotate among the designated communities -- Each quarter, Program Managers, Board Members and others gather for a two-day meeting that may include single or multiple topic workshops, presentations from Local Programs, and tours or demonstrations by the host program, and may include specialized presentations or training by a consultant in one of the areas of specialization listed herein. These meetings are designed to be helpful to the host program as well as attendees from other communities. · Information related to Waterfronts Florida Partnership Program issues provided by telephone, fax, or the Internet, and through special publications and other training materials. · Technical Assistance related to comprehensive planning to preserve recreational and commercial working waterfronts. · Regional Pre-Application Workshops - Assistance to communities planning to complete the application for Waterfronts Florida Partnership Community designation. · Designation Ceremony/Introductory Visit - The Waterfronts Florida Partnership Coordinator and other program staff will visit the community following designation to promote the local Waterfronts Florida Partnership and meet local stakeholders. · Orientation Training - Two days of Statewide training on participation in the Waterfronts Florida Partnership Program (see above). Multiple sessions of this training may be offered depending on staff resources and the needs of the newly-designated communities. Wate/fronts Florida Partnership Program Guidelines January 5, 2007 Page 2 of7 . Strategic Planning Assistance - A specific strategic planning/start-up workshop with program manager, other relevant staff/experts, and the committee to develop their work plan for the first year of their Waterfronts Florida designation. This strategic planning might include a facilitated community meeting to jump-stal1 your Waterfronts Florida process, including planning for your visioning process. . Funding - Each designated Waterfronts Florida Partnership Community is eligible to apply for grants during the two-year designation period as may be available. A 100% match will be required and can consist of cash, in-kind or third party in-kind. Detailed information on match requirements will be provided upon request. . Ongoing Technical Assistance - Designated Communities, including graduate communities, receive ongoing technical assistance as they develop and implement their vision plans. Assistance includes guiding and assisting the community in accomplishing the following: planning and development of environmentally acceptable projects; information regarding state and local permits; mentoring from graduate Waterfronts Florida Partnership Communities, etc. . Consultant Assistance - Specialized technical assistance services, including small business development and retention, revitalization, urban design charrettes and "placemaking," meeting facilitation, marketing and branding, webpage development, development of design guidelines, overlay zones, comprehensive plan policies, etc. Graduate communities are eligible for consultant assistance as funds are available. Graduate Waterfronts Florida Partnership Communities are expected to participate in the conferences and training programs available to All Communities, are welcome at the Biennial Orientation Training. and may receive additional technical assistance as described above. All waterfront communities in the State are welcome to attend Waterfronts Florida program managers' meeting and training events. Who Can Apply for Designation? The Applicant . Must be a municipal or county government or a local nonprofit organization or other similar organization participating with the county or municipal government . Must commit to creating a Waterfronts Florida Partnership Committee by the time of designation with at least one member representing the county or municipal government The Community . Must be a coastal community required to preparc a coastal clement for the local govcmmcnt comprehensive plan. . Must be able to provide a program manager for at least two years and have secured this pcrson immediately upon designation. The community must also be able to fund travel expenses for the program manager to attend training and other meetings associated with the program. If a community cannot provide a full-time manager, there needs to be sufficient justification that the program will still be a success with a part-time manager. Communities are strongly urged to utilize full-time managers and retain them for longer than the two-year program period. . The local government comprehensive plan must be in compliance as defined in Chaptcr 163, Part II, Florida Statutcs. VVarerFol1rs Florida Parrnership Program Guidelines Januan.' 5, 2007 Page 3 oI7 The Waterfront Area · The designated waterfront area should be contiguous, a manageable size, and have a common identity, focusing on its waterfront proximity; · The designated waterfront area cannot be a major, deep-water port; i.e., it cannot generate more than $5 million annually in operating revenues. What Happens Once My Community is Designated? Once the Secretary of Community Affairs designates your community as a Waterfronts Florida Partnership Community, your community will work with the Program Coordinator to map out a plan for your Waterfronts Florida Partnership. · Division staff will contact the Applicant to schedule a Designation Ceremony and Kick-Off Presentation in your community. · Your community will apply for the first year of funding to undertake the following tasks: your community will develop an overall work plan and public involvement plan, appointlhire a program manager, create an organizational structure for your partnership (committees, subcommittees, etc.), develop a community vision for your designated Waterfronts Florida area (including strategies for implementation), develop a system for collecting data to track how well you're doing in addressing waterfront revitalization indicators and begin collecting the data, and identify a work plan for the second year of your initial designation period. · Your community will participate in the events and technical assistance offerings described above and receive guidance from the Division on creating your vision plan, conducting a meaningful public involvement process and other activities. · Further information on the specific tasks required during the first two years of the Waterfronts Florida designation period is available on the Department's website. How do I get More Information about Waterfronts Florida? · The Waterfronts Florida Partnership Program information package is available on the Department's website at www.dca.state.f1.us/fdco/dcp/waterfronts. The information package includes a description of the program, eligibility requirements, application procedures, and the application deadline. Interested parties can also write to the Department for copies of information package: Division of Community Planning, Florida Department of Community Affairs, 2555 Shumard Oak Blvd., Tallahassee, Florida 32399-2100, or by calling (850) 488-2356. · Technical assistance is available to communities interested in applying for designation as a Waterfronts Florida Partnership Community. The technical assistance includes meeting with community representatives, conducting one or more regional pre-application workshops biennially, and responding to e-mail, telephone and written inquiries. Depending on availabiIity of resources, such assistance may also include an assessment visit to the proposed Waterfronts Florida area by program staff. How does a Community Apply to be a Designated Waterfronts Florida Partnership Community? Application Announcement and Due Date · The Division holds an application process every other year. The application cycle and the Application Deadline are published in the Florida Administrative Weekly at least 60 days prior to the established Application DeadIine. · Applications must be delivered to the offices of the Department of Community Affairs, Division of Community Planning, 2555 Shumard Oak Blvd., Tallahassee, Florida 32399-2100, on or before 4:30 P.M. on the date of the Application Deadline. Waterfronts Florida Partnership Program Guidelines January 5, 2007 Page 40f7 Application Materials . Applications must be submitted on the Waterfronts Florida Partnership Program Application Form available on the Department's website at www.dca.state.flus/fdcp/dcp/watcrfronts. Copies of the application can be mailed or emailed upon request. . The Applicant must provide one (I) original and nine (9) copies of the Application and all supporting materials indicated in the instructions in the Application. . The Applicant Inforn1ation and Public Official Certification in the Application must be signed by the person or persons with legal authority to obligate the Applicant. . Applications must be complete, including all required supporting materials. . An application that is determined by the Division not to meet the requirements above is ineligible. All ineligible applications will be returned by "Certified Mail" to the Applicant by the Division with a written explanation of the determination ofineligibiIity. . The Applicant may withdraw an Application at any time by submission of a written request to the Division. The request for withdrawal of an Application must be signed by the person or persons with legal authority to obligate the AppIicant. Who Reviews the Applications? . The Division appoints an Ad Hoc Application Review Committee to review and rank all Eligible Applications and make a recommendation to the Secretary for designation as Waterfronts Florida Partnership Communities based on the criteria listed below. . The Department will select representatives from agencies and organizations with responsibilities for community development, comprehensive planning, historic preservation, hazard mitigation, public access, environmental preservation, coastal management, and other related areas. The Committee should include a Program Manager or Chair of an Active Waterfronts FIorida Partnership Community. . The Review Committee will elect a chairperson from its membership. . Notice of a scheduled meeting will be provided to Review Committee members at least 30 days prior to the meeting. . A copy of the agenda of any meeting of the Review Committee may be obtained by contacting the Division of Community Planning. The agenda will also be posted on the Department's website. . Review Committee members will be provided with guidelines for application review, including the following: o A description of the Waterfronts Florida Partnership Program. o An explanation of the eligibility criteria and other factors to be considered in evaluating and ranking the Applications o Indication of the maximum number of communities that may be designated for the upcoming two- year period . A public notice of each Review Committee meeting will be published in the Florida Administrative Weekly at least seven days prior to the date of the meeting. The notice will include: o The date, time and place of the meeting o A brief description of the purpose of the meeting o An address where interested persons may write to obtain a copy of the agenda . A simple majority of the membership of the Review Committee constitutes a quorum. All action taken shall be by a majority vote of the members present. . All members of the Review Committee must comply with all laws governing conflicts of interest, including Chapter 112, Part III, F.S. Watelji'onts Florida Partnership Program Guidelines January 5, 2007 Page5o{7 What is the Application Review Process? . Division staff will review all Applications for completeness and eligibility and request any additional information needed by email or fax. Requested additional information must be received by the Division within seven days of the request, otherwise the Application will be declared ineligible. . A copy of each Eligible Application will be sent to each member of the Review Committee in sufficient time for members to review all Eligible Applications prior to the scheduled Review Committee meeting. . The Review Committee will be informed of any additional information or clarification received from an Applicant prior to final consideration of the Application. . The Review Committee will hold a public meeting to review and evaluate Eligible Applications. The Review Committee meeting will be announced in the Florida Administration Weekly at least seven days before the meeting. . All Applicants will have the opportunity to make brief presentations and to answer Review Committee questions. The Review Committee member will discuss the Applications and rank the Applications in order of priority. The Review Committee will recommend designation of Applicants as Waterfronts Florida Partnership Communities, beginning with the highest ranked Applicant. The Review Committee may recommend any number of Applicants for designation. Only Applicants meeting the eligibility and application requirements listed below will be recommended for designation. . The recommendations of the Review Committee will be submitted in writing by the Division to the Secretary (of Community Affairs) for review and approval. . The Secretary, taking into account the recommendations of the Review Committee and available funding, will designate Waterfronts Florida Partnership Community designation on successful Applicants. Division staffwiII notify all Applicants of the Secretary's decision. Notification letters will include a Notice of Administrative Rights providing for a 21-day appeal period for the decision. What are the Review Criteria for Applications? Applications will be evaluated and comparatively ranked in the best professional judgment of the Review Committee members in consideration of the following criteria. All criteria are evaluated on a range from 0 (Not Demonstrated) to 5 (Effectively Demonstrated). Criteria related to the characteristics of the community: . There appears to be strong leadership, commitment and support from elected officials . There appears to be strong leadership, commitment and support from community stakeholders . The community seeks to balance resource protection and economic development . CitylCounty and waterfront relations support each other. . Local businesses and citizens are committed to revitalization . The community is committed to long-term, incremental revitalization efforts . Revitalization is not in conflict with the comprehensive plan . Both the private and governmental sectors are committed to revitalization . Potential for benefit from the training and technical assistance provided by the Waterfronts Florida Partnership Program Criteria related to the readiness of the Applicant: . Organizational and financial readiness of the Applicant to manage the proposed Waterfronts Florida Partnership . A demonstrated understanding of and commitment to the four priority concerns of Waterfronts Florida (protecting environmental and cultural resources, providing public access, mitigating hazards, and enhancing the viable traditional economy) and to conducting a meaningful public involvement process Wateifronts Florida Partnership Program Guidelines Jam/my 5, 2007 Page 60f7 . Commitment to hiring a full-time program manager, provide office space, support travel costs and other expenses . Past efforts demonstrate a strong desire and ability to plan and implement community projects Criteria related to the characteristics of the proposed Waterfronts Florida area: . The proposed waterfront area is amenable to revitalization: it has public access potential, maritime culture and history, and a history of a water-dependent economy . The proposed waterfront area is of a manageable size, the specified area is well-defined and cohesive Other Criteria . The supporting documentation, including slides, maps, resolutions and letters of support required in the Application . All other factors being equal, the Review Committee shall give preference to Applications from areas of the state not currently served by the Waterfronts Florida Partnership Program in order to give all regions of the state an opportunity to benefit from the program. The training and technical assistance provided to designated communities through the Waterfronts Florida Partnership Program often influence neighboring communities, cultivating interest in waterfront revitalization and preservation of public access. For this reason, uniform geographic distribution of the limited resources available through the Waterfronts Florida Partnership Program provides optimum benefit to the citizens of the state All Applicants recommended for designation must, in the opinion of the Review Committee: . Possess the physical attributes and resources required to conduct an effective Waterfronts Florida Partnership Community, including: o A cohesive, well-defined proposed Waterfronts Florida area o A proposed organizational structure that is consistent with the Waterfronts Florida approach o A budget and committed funding for at least one year following designation as a Local Program . Demonstrate community understanding of the Waterfronts Florida Approach and broad public and private local support for the proposed local Waterfronts Florida Partnership through letters and resolutions of support, and pertinent media articles . Be ready to begin its participation in the Waterfronts Florida Partnership Program immediately upon selection Waterfronts Florida Partnership Program Guidelines January 5, 2007 Page 7of7 VI.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\'l 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 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December] 8, 2006 (Noon) C8J March 5, 2007 February ]2,2007 (Noon) 0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon) 0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 AnnouncementslPresentati ons 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM C8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Approve Resolution No, _, expressing support for the Community Redevelopment Agency's application to the Waterfronts Florida Partnership for the Boynton Beach marina to be designated as a "Waterfronts Florida" Community. EXPLANATION: The State of Florida's Waterfronts Florida Partnership was created to maintain and improve Florida's working waterfronts. The program offers technical assistance and funding up to the amount of$50,000 to municipalities that are designated as Waterfronts Florida Partnership Community." The CRA is applying for designation of the Two Georges Marina and seeks the support of the City in this endeavor. Designation of the marina is consistent with the Visions 20120 Plan. PROGRAM IMP ACT: If Boynton Beach's marina is designated, the program can provide funding and technical assistance to plan improvements to the marina area which will serve as a catalyst to downtown redevelopment. Funds can be used for design andlor construction of improvements. FISCAL IMPACT: (Include Account Number where funds will come from) NONE AL TERNA TIVES: Do no support the resolution to apply to the State for designation as a Waterfronts Florida Partnership Community. Department Head's Signature Submitted by Vivian Brooks anager's Signature Assistant to City Manager ~ Community Redevelopment Agency City Attorney I Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, SUPPORTING THE BOYNTON BEACH 5 COMMUNITY REDEVELOPMENT AGENCY'S APPLICATION 6 FOR A GRANT FROM THE FLORIDA DEPARTMENT OF 7 COMMUNITY AFFAIRS UNDER THE "WATERFRONTS 8 FLORIDA" PROGRAM, FOR THE BOYNTON BEACH MARINA 9 TO BE DESIGNATED AS A "WATERFRONTS FLORIDA" 10 COMMUNITY; PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, The City of Boynton Beach understands the critical importance of the 14 economic well-being of the community and the quality of life of its residents, and has a 15 longstanding commitment to revitalization of the Downtown area; and 16 WHEREAS, the Boynton Beach Community Redevelopment Agency (CRA) intends to 17 apply for a grant from the Florida Department of Community Affairs, under the "Waterfronts 18 Florida" Program, to help address economic, access, cultural and disaster mitigation issues the 19 Downtown area; and 20 WHEREAS, the program can provide funding and technical assistance to plan 21 improvements to the marina area which will serve as a catalyst to downtown redevelopment; and 22 WHEREAS, the application by the CRA requires a resolution in support from the City of 23 Boynton Beach City Commission. 24 NOW, THEREFORE, BE IT RESOL VED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH AS FOLLOWS: 26 Section 1: The foregoing "WHEREAS" clauses are true and correct and hereby 27 ratified and confirmed by the City Commission. 28 Section 2: The City Commission ofthe City of Boynton Beach hereby expresses its Page 1 of3 S:\CA IRESO.Watcrfronls Florida.doc 1 support of the application by the Boynton Beach Community Redevelopment Agency for a grant 2 from the Florida Department of Community Affairs under the "Waterfronts Florida" Program. 3 Section 3: This Resolution shall take effect immediately upon passage. 4 PASSED AND ADOPTED this 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTEST: 24 25 26 Janet Prainito, City Clerk 27 28 (Corporate Seal) 29 30 day of ,2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy Page 2 of3 S:\CA \RESOIWaterfronts Florida.doc WATERFRONTS FLORIDA PARTNERSHIP PROGRAM (Community Name) 2007-2009 Application The Waterfronts Florida PartnershiP Pmgram is a pmgram of the l)e/ltHlment of Community Affairs and is ftmded in fJart by the Honda DepaTtment of EmJironmental Protection, Florida Coastal ;\1anagnnent Program, and the National Oceanlc and /-'\tnwslJheTic Administratioll (NOA'-\). The tliews exfJressed herein are those of the author(s) and do not neces5arily rejlecl the I'iet<' of the State of Flonda, NOAA, 01' am of its subagencies. ~ , 1l-i' '\ ,ftf-r.Y' I '~"""""""'" "~"'I"""\... . . . '". . , . . . [. J ., ...,e" (').. x --. -i:,:. ..".If"" ;'1V,t ~r WATERFRONTS FLORIDA PARTNERSHIP PROGRAM CONTENTS Application Requirements.......................................................................................................... 3 Eligibility Requirements.......... ....... ...................... .............. .... ......... ........ .................. ........... ..... 4 Applicant Information................................................................................................................ 5 Public Official Certification........ ...... .............. .......... ....................... ..... ................ .................... 7 Eligibility Questions.................................................................................................................. 8 Project Overview and Evaluation............................................................................................ 12 I. Description of the Waterfront Area ...................................................................................12 11. Past, Present, and Future of the Waterfront..................................................................... 14 III. Community Commitment................................................................................................. ..15 IV. Investment in the Waterfront Area..................................................................................... 17 V. Governmental Support...... ......... ................... ...... ...... ................. ................. ............ .......... .19 VI. The Partnership............... ................................. .......... ...... .................................................21 Appendices...................................................................................................................... .........24 Appendix A: Map of Waterfront Area.... ............. ....................................................................24 Appendix B: Organizational Chart.......... ........... ...... ............ ............................. ............. ........24 Appendix C: General Letters of Support.............................................................................. ..24 Appendix D: Local Government Resolution of Support......................................................... 24 Appendix E: Slides.................................................................................,.............,.................. 24 Appendix F: Guide for Evaluation Criteria.......................................................................... 25 Appendix G: 2007-2009 Application Acknowledgement Form ............................................. 28 2007-2009 Application Page 2 of28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Application Requirements Applications must be received at the office ofthe Waterfronts Florida Partnership Program no later than 4:30 p.m. on Wednesday, March 21, 2007. Submit applications to: Department of Community Affairs Division of Community Planning Waterfronts Florida Partnership Program Attention: Jennifer Z. Carver, AICP 2555 Shumard Oak Boulevard, Room 365C Tallahassee, Florida 32399-2100 Call Jennifer Z. Carver at (850) 922-1772 or iennifer.carver(wdca.state.fl.us with any questions. Additional copies of this application may be downloaded from www.dca.state.fl.us/fdcp/ dcp /waterfronts. Check each item below to indicate that it is included in your application package. Return this list with the rest of the application package. Submit one (1) original and nine (9) copies of the application package. In addition, submit ten (10) sets of PowerPoint slides on CD with accompanying description (see Appendix E). Complete application packages must include: J 1. The completed application form; 2. A map clearly indicating the proposed Waterfronts Florida Partnership area (See Appendix A for details); 3. An organizational chart showing the relationship between the program manager, the applicant (county or municipal government or nonprofit organization working with this government), the program manager's supervisor, the advisory group and any other pertinent parties (Appendix B); 4. Letters of support from merchants, organizations, citizens, and other parties (Appendix C); 5. A City Councilor Board of County Commissioners resolution expressing support for participation in the Waterfronts Florida Partnership Program (Appendix D). If the applicant is a nonprofit organization, the local government resolution must express specific support for working with the applicant on the local Waterfronts Florida Partnership; " 6. A Power Point presentation of 15-30 slides that show different physical conditions around the waterfront (Appendix E). The slides should be labeled with an additional map indicating where each slide was taken and where the image is in the proposed Waterfronts Florida Partnership area. A brief description of each slide should be included. Please include a CD of your presentation with each copy of the application. 7. Completed Application Acknowledgement Form (a copy will be returned to Applicant upon receipt of the application) (Appendix G). 2007-2009 Application Page 3 of 28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM PLEASE REVIEW THIS CHECKLIST CAREFULLY & INCLUDE ALL REQUIRED MATERIALS. Eligibility Requirements The following are criteria that the applicant must meet to be eligible for this designation: . The applicant must be 1) a municipal or county government or 2) a local nonprofit organization or other similar organization participating with the county or municipal government (nonprofit organizations must demonstrate a good working relationship with local government staff and officials); . The community must be a coastal community required to prepare a coastal element for the local government comprehensive plan; . The local government comprehensive plan must be in compliance as defined in Chapter 163, Part II, Florida Statutes; . The community must be able to provide a program manager for at least two years and have secured this person immediately upon designation. The community must also be able to fund travel expenses for the program manager to attend training and other meetings associated with the program. If a community cannot provide afull-time manager, there needs to be sufficient justification that the program will still be a success with a part-time manager. Communities are strongly urged to utilize full-time managers and retain them for longer than the two-year program period. . The applicant must commit to creating a Waterfronts Florida Partnership Committee by the time of designation with at least one member representing the county or municipal government; and . The designated waterfront area cannot include a major, deep-water port; i.e., it cannot generate more than $5 million annually in operating revenues. . The designated waterfront area should be contiguous, a manageable size, and have a common identity, focusing on its waterfront proximity. 2007-2009 Application Page 40f28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Applicant Information City/Town: I County: Mailing Address: Contact Phone Number: Contact Fax Number: Contact Email Address: Please identify the person responsible for completing this application. Name: Title: Organizational Affiliation: Signature: If the applicant is not a county or municipal government, please provide the following: . a mission statement of the applicant organization; · a description ofthe organization's status [incorporated, 501(C)(3), etc.]; · date organization was established; · proof of partnership with the local government, including the following: o a description of how the proposed Waterfronts Florida Partnership's activities will be coordinated with local government processes; o a description of the offices in local government that are involved with the Partnership; o a resolution from the local government specif~ying support for working with the nonprofit organization on the local Waterfronts Florida Partnership (Appendix D); · a statement explaining why the applicant is interested in leading this revitalization effort; · details on activities and projects that the organization has accomplished in the last three years; ]007-]009 Application Page 5 on8 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM . a description of grants and financial management experience, including audited financial statements, if available. Page 60j28 2007-2009 Application WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Public Elected Official Certification I hereby certify that the City/County/Town/Village of__ endorses the submission of this application and agrees to participate in the Waterfronts Florida Partnership Program. We understand the requirements of the program, including the need to provide a program manager and sufficient travel/ expense money to actively participate in programmatic meetings and events. We hereby commit to monitoring the outcome of the partnership and reporting progress. Chief Elected Official or designee: Title: Signature: Date: STATE OF FLORIDA, COUNTY OF Sworn to (or affirmed) and subscribed before me this day of 2007 by . Personally known or Produced Identification Produced Type of Identification Notary Signature Print, Type or Stamp Name of Notary Commission No. My Commission Expires: 2U07-2009 Application Page 701'28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Eligibility Questions 1. Attach a map outlining the area proposed for the Waterfronts Florida Partnership Program. Make sure that the boundaries of the target area are clearly marked and labeled. Attach this as Appendix A. Explain why this area was chosen. 2. In which local government (county or municipal) jurisdiction is the specified waterfront area located? 3. Comprehensive planning a. Is a coastal element included in the local comprehensive plan? If yes, cite the section. b. Is the proposed Waterfronts Florida Partnership area within the coastal planning area identified in the coastal element? 4. Is the local comprehensive plan "in compliance" as defined in Chapter 163, Part II, Florida Statutes? Please list date oflast comprehensive plan amendments and date of last Evaluation and Appraisal Report. 2007-2009 Application Page 8 of28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 5. Does the specified waterfront area also contain a deep-water port? If yes, include the port's approved budget for the current and past year and most recent audited financial statement. (To be eligible, revenues cannot exceed $5 million.) 6. The applicant must be prepared to have a Waterfronts Florida Partnership Committee (an established organization or core group of individuals committed to coordinating the Waterfronts Florida Partnership Program) in place upon being designated as a Waterfronts Florida Partnership Community. This entity must have the ability to oversee development of a community vision and revitalization plan for the waterfront and to oversee the implementation of said plan. Additionally, at least one member should represent the county or municipal government with jurisdiction. The other members should represent the various interests in the target waterfront area including business, industry, and citizen interests. Once designated, the Department will provide assistance to the Applicant in development of a public outreach plan to ensure broad participation in all facets of the Waterfronts Florida process. a. If such a group exists, and will serve as the Waterfronts Florida Partnership Committee, identify and describe its operation, composition, when and by whom it was appointed, and significant accomplishments. b. If such a group does not exist, identify when it will be established, what form it will take, what authority it will have, and who will serve on it. Identify how this committee will be linked to the local government. 2007-2009 Application Page 9of28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 7. The Waterfronts Florida Partnership Program requires that each waterfront area have a program manager by the time of designation to coordinate and administer activities. Provide the following information to confirm that a program manager will be provided. If a community cannot provide a full-time manager, please state why this is so and why you believe a part-time manager would be suitable for this endeavor. Attach a job description and organizational chart in Appendix B. Program Manager's Name Proposed Starting Date Supervising Agency Direct Supervisor (provide information below) Name Title Telephone Number Facsimile Number Email Address Source of Funding for Program Manager's Salary 8. If the proposed program manager is an existing employee, what other responsibilities will he/she have? Page 10 of28 2007-2009 Application WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 9. Where will the program manager have access to office support such as photocopying, telephone, fax, word processing, etc.? 10. The program manager will be required to attend at least two (2) training workshops per year and four (4) quarterly program managers' meetings per year over the course ofthe two-year program. Is there currently money available in the budget to cover these costs associated with travel? Identify the departmental budget from which the funds will be taken. Will these funds be available upon designation? If not, what actions will be taken to ensure the program manager is able to attend these meetings? 2007-2009 Application Page J J 0/28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM Project Overview and Evaluation I. Description of the Waterfront Area 1. Attach a CD with a PowerPoint presentation with 15-30 slides detailing the conditions within the area specified as the waterfront area. These slides should demonstrate the overall quality of the built and natural environment, the interface between land and water, and the existing uses of the waterfront. Include a brief description of each slide and locate each slide on an area map. Further guidelines for slides are found in Appendix E. Attach a printout of the slides and all other requested materials in Appendix E. 2. What is the composition ofland uses in the designated waterfront area? Please give this information in terms of approximate percentages. Please also provide the size of the waterfront area in acres. Size of designated waterfront area acres Commercial % Industrial % Private residential % Public-owned % Vacant buildings or lots % Other (please specify) % Page 12 of28 2007-2009 Application WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 3. The Waterfronts Florida Partnership Program has four major areas of focus: environmental and cultural resource protection; hazard mitigation; public access; and enhancement of the viable traditional economy. Using these four categories, please specifically describe the individual problems and issues that are present in the target waterfront area. Your description should show an understanding of the issue and identify what you are trying to accomplish in each of these focus areas. Environmental and Cultural Resource Protection ,J Hazard Mitigation Public Access Enhancement of the Viable Traditional Economy 2007-2009 Application Page J 3 of28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM II. Past, Present, and Future of the Waterfront 1. Give a brief description of the waterfront area, providing details on the historical water-dependent economic uses of the waterfront. Include a discussion of how this has evolved, what has changed and what issues and problems you are trying to resolve with respect to the waterfront area. 2. Describe any major changes in the physical condition of the waterfront area in the past five years (For example, destruction by hurricane, decline in maintenance, new construction, major building rehabilitation, etc.). Page 14 of 28 2007-2009 Application WATERFRONTS FLORIDA PARTNERSHIP PROGRAM III. Community Commitment 1. Does the local comprehensive plan delineate the waterfront area for special consideration or planning activities? If so, please describe and attach the appropriate sections of the plan. 2. Has the area received other designations, such as historic district, community reinvestment area, enterprise zone, etc.? Briefly describe current plans for public and private investment or business assistance in the waterfront area. 3. In addition to the waterfront organization, list private sector groups, such as the Chamber of Commerce, Merchants' Association, neighborhood groups, historical societies, etc., that support waterfront revitalization and describe how they are involved with the waterfront. Attach letters of interest or commitment from these and other groups to this application in Appendix C. 2007-2009 Application Page J 50/28 WATERFRONTS FLORIDA PARTNERSHIP PROGRAM 4. Are there any formalized groups, such as a Community Development Department, Community Redevelopment Agency, Downtown Development Agency or other well- organized nongovernmental organizations, that are involved in the waterfront area? If so, please describe their work for the past three years. How successful have the groups been in addressing and reaching their goals and objectives? How will they be involved in future waterfront work? 5. Have there been significant contributions, either financial or in-kind, from local residents, businesses, or other interest groups for the redevelopment of the waterfront area? Estimate total and average financial contribution and describe the types of in-kind contributions received. Also, are there any pledges or financial commitments for future work? Page 16 of28 2007-2009 Application WATERFRONTS FLORIDA PARTNERSHIP PROGRAM IV. Investment in the Waterfront Area 1. Describe any major public investments in the waterfront district over the past five years. Include the approximate cost of each and its source of funding. Examples of public investment include, but are not limited to: public building renovation, infrastructure improvements, and park development. Sources of funding may include grants, bonds, and general revenue. 2. Describe any major private investments in your waterfront area in the past five years. Estimate the value of each investment. 2007-2009 Application Page 17 0{28 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 1J ....-"""n.;:7l:l1' 1 A\:II:NUA ITEM C.3 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 D December 5, 2006 November 20, 2006 (Noon.) D D January 2, 2007 December J 8, 2006 (Noon) ~ March 5, 2007 February ]2,2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5,2007 (Noon) D February 13, 2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to approve and authorize the City Manager to sign an Agreement for Water Service Outside of the City Limits with Turtle Cove LLC for a 3.04 acre parcel of land located in the utilities service area, approximately 1000 feet west of Military Trail, along Hypoluxo Road. (See location map) EXPLANATION: This project is proposed to include approximately 19,500 square feet of medical office and 4,500 square feet of veterinary clinic. Portions of this site were previously approved for water service, based upon office and veterinary clinic uses, but now the site has been expanded and the square footage of building area increased. The square footage and use proposed is expected to demand approximately 6,300 gallons per day of potable water and wastewater capacity. The developer of the site will be responsible for extending the City's system onto the site, paying their fair share of any off-site utility lines that were over-sized for their use. PROGRAM IMPACT: Approximately 6,300 gallons per day of capacity for potable water and wastewater will be required. FISCAL IMPACT: None AL TERNA TIVES: None. This site is located within the City's utility service area. 4~~ Department Head's Signature i~ - City Manager's Signature Assistant to City Manager ~ /),./ C;V UTILITIES Department Name City Attorney / Finance S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Attachments xc: Peter Mazzella (w/copy of attachments) Chris Roschek City Attorney File S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 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 8 CITY OF BOYNTON BEACH AND TURTLE COVE 9 LLC; 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, approximately 1000 feet west of Military Trail, along Hypoluxo 14 Road; and 15 WHEREAS, the parcel covered by this agreement is planned to include 16 approximately 19,500 square feet of medical office and 4,500 square feet of veterinary clinic. 17 Portions of this site were previously approved for water service but now the site has 18 expanded and the square footage of building area increased; and 19 WHEREAS, the developer will be responsible for extending the City's system onto 20 the site, paying their share of any off-site utility lines that were oversized for their use. 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 TURTLE COVE, LLC, a copy of said Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. 30 S:\CA\RESO\Agreements\Water Service\Turtle Cove Water Service Agreement.doc PASSED AND ADOPTED this ^) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Attest: 22 23 24 25 Janet Prainito, City Clerk 26 27 28 (Corporate Seal) day of March. 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA\RESOv\greements\Water Service\Turtle Cove Water Service Agreement.doc TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P .A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _ day of ,200_, by and between TURTLE COVE, LLC hereinafter called the "Customer", and the CITY 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: (Exhibit A) 2. The Customer and the City hereby agree that there are -.lL 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. 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 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 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. 9. Annexation is intended to be and is hereby made a covenant running with the land described in Paragraph I of this Agreement. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferees, grantees, heirs, 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, 2 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ,200_. day of WITNESS: C~~~~ ~~l~~e Pnnted Witness Name 7l~A ),:.kft--~ Witness Signature ~ LsJ,1 10 - CVu I (tey Printed Witness Name INDIVIDUAL(S) AS 0 h O~. ,; ~ligJgna~_ fi{ e--r L-1!? C~)_V~, GLL. ,'.~ ~YCA:;:~ h. ,A.11L-L-et::-j ,~Wq Printed 0 r Name rt?eft1 P::K:/!'C. Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL(S) NOT ARIZA TION: ST A TE OF ~OV\ A-A ) ,. ) ss: COUNTY OF 't)A-LIv'\i'St1-'t:4rI) 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 & "'-~ \~'V\ \). tvl \ \ <..\"1- to me known to be the person(s) described in and who executed the foregoing instrument tha~/she acknowledged before me that~she executed the same; that the individual was personally known to me or provided the following proof of identification: ' ----- .. WITNESS my hand and official seal in the County and State last aforesaid this i I day of J A \\J v i';{'l- "-\ , 200~. My /~v J1 Notary Public ) l,.- (Notary Seal) I , / (.. 4 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation Kurt Bressner, City Manager ATTEST: City Clerk Approved as to form: City Attorney ST ATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer dilly authorized 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 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 My commission expires: S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc H:\1990\900182.BB\AGMT\Water Service Agreement - Rev 1-6-Q6.doc 5 THIS INSTRUMENT PREPARED BY James A. Cherof, Esquire City of Boynton Beach 100 E .Boynton Beach Blvd. Boynton, Beach, Florida 33425 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporate Representative) STATE OF FLORIDA COUNTY OF PALM BEACH I, BRADLEY D. MILLER, as Corporate Representative of TURTLE COVE, LLC, 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 ofthis power is described as follows: PCN No.: 00-42-45-12-03-003-0060 00-42-45-12-03-003-0070 00-42-45-12-03-003-0020. 00-42-45-12-03-003-0010 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the , 20_ and the powers and authority shall be irrevocable by Grantee. day of IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of , in the year 20_. Sealed and delivered in the presence of ~!f5) Witness Signature 00(td-f 1t&t~ Print Name ?(jj/t.:;uL- Witness Signature A11,gh P;, ,ti)u-tl~ Print Name STATE OF COUNTY OF Corporation Name: <~;Z-"fUS ~>V(?) l,;L~ BY:~~ Print Name and Title: ~,~;,t;; ~ ATTEST Secretary Corporate Seal: ) ) ) SS: I HEREBY CERTIFY that on this day, before me, an officer dilly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ~{".~tI\(~ D. lItll1~ as '''\V/i' /'.{P/'1Dl-t..-ef f u!lJl)k. Lo,H:: t ILL-- named in the foregoing eement and that he/she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority dilly vested in him/her by said Corporation and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. , Witness my hand and official seal in the County and State last aforesaid this ~ day of ,\lAr'J ~ ,2001. M ~/~~~ fl- F NOTARP LIC / ' (\) \ {D \ e rfl- S" /"-'\ f 0 VI Printed Name S:\CA\AGMTS\Water Service\Power of Attomey-Corp. 1-6-06.doc H:\I990\900 182.BB\AGMT\Power of Attomey-Corp 1-6-06.doc EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE NORTH ~/2 OF LOT 3 (TRACT 3), BEING APART OF THE NORTHWEST ';' OF SECTION 12, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND INCLUDED IN THE AMENDED PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 74, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS THE WES 263.32 FEET THEREOF: AND LESS THE SOUTH 340.75 FEET THEREOF; AND LESS THE RIGHT OF WAY FOR THE LAKE WORTH DRAINAGE DISTRICT L-18 CANAL AS SET FORTH IN DEED BOOK 67, PAGE 533, (AS TO THE NORTH 53 FEET OF THE NORTHWEST ';~ AS SET FORTH MORE P ARTICULARL Y THEREIN), PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA. PARCEL 2: THE EAST 109 FEET OF THE WEST 263.32 FEET OF THE NORTH /2 OF TRACT 3, BEING A PART OF THE NORTHWEST ,;' OF SECTION 12, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. AND INCLUDED IN THE AMENDED PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 74, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND LESS THE SOUTH 340.75 FEET THEREOF; AND LESS THE RIGHT OF WAY FOR THE LAKE WORTH DRAINAGE DISTRICT L-18 CANAL AS SET FORTH IN DEED BOOK 67, PAGE 533, (AS TO THE NORTH 53 FEET OF THE NORTHWEST ';' AS SET FORTH MORE P ARTICULARL Y THEREIN), PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 3; THE NORTH 56.77 FEET OF THE SOUTH 340.75 FEET OF THE NORTH /2 OD THE WEST ~/2 OF THE WEST /2 OF THE NORTHEAST ,;' OF THE NORTHWEST ';' OF SECTION 12, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. AND INCLUDED IN THE AMENDED PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 74. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 4: THE WEST 154.32 FEET (AS MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF LOT 3) OF THE NORTH ONE-HALF (N /2) OF LOT 3; EXCEPT: THE SOUTH 340.75 FEET THEREOF, BEING A P ART OF THE NORTHWEST ONE-QUARTER (NW i;') OF SECTION 12, TOWNSHIP 45 SOUTH, RANGE 42 EAST, AMENDED PLAT OF SECTION 12, 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 74; LESS: THE RIGHT OF W,,,," Y FOR LAKE WORTH DRAINAGE DISTRICT LATERAL L-18 AS DESCRIBED IN DEED BOOK 67, PAGE 533 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY AND THE RIGHT OF WAY OF ST ATE ROAD 709 (HYPOLUXO ROAD). CONTAINING 3.04 ACRES, MORE OR LESS. G) .s: 0' - !? 0' 0' 0' 10 0' 0' 0' 0' 0' .~ 0' 0' ... 0' 0' 0' ~ 0' 0' "" ... (') ... "" 0' 0' (') 0' 0' (') 0' 0' 0' 0' 0 0' Cl. "" 0' ~ CO 0' 0' 0' 0' ro ... ~ 0 0' N 0' 0' "" 0' ID Ol 0' 0' 0' 0' 0' C 0' 0' 0 ... "" -- ... 0' 0' 0' +oJ CO U 0 -1 0' .... lJ (; 0 <:. 0' 0' 0' U "" ~ 0' 0' 0' N "" 0' 0' 0' 0' -1 ... 0' 0' -1 ;',' (1) > 0 \ U ; ), N 0' 0' ... :g (1) ~ (') :g 0' 0' 0' 0' 0' 0' - 0' t 10 ::J ... 0' <{<; ,; l- e ~ , ;;;;;; // 0' ;; 0' co ... 0' 0' Ol .... 0' 0 0' .... N 0' OPINION OF TITLE I am an attorney licensed to practice law in the State ofFloridll. On this 12th day of January, 2007, I hereby certify that the following property is owned by Turtle Cove LLC. It is subject to a mortgage held by First Southern Bank, Ii Florida banking corporation. The West 154.31 feet (as measured at right anlles from the Welt Hne Or Lot 3) of the North One-Half (Nl/2) of Lot 3; EXCEPT: The South 340.75 feet thereof, beiDg a part of the Northwelt One-Quarter (NW ~) of Section 12, Township 45 South, Range 42 Ealt, amended plat of Section 12, according to the plat thereof on tile In the omce of the Clerk of the Circuit Court in and for Palm. Beach COUDty, Florida, recorded in Plat Book 9, Pag. 74; LESS: The right-DC-way for Lake Worth Drainage Dlltrlct Lateral L- 18 as described In Deed Book 67, Page 533 of the Public Records of Palm Beach County and the right-or-way for State Road 709 (Hypoluxo Road). SUBJECT TO that certalo Drainllg. Ealement over the North 27 feet of the property to the County of Palm Beach recorded tn Official Record Book 6566, PaRe 110; aod Quit Claim Deed from Palm Belch County to Lake Worth Dratnlgc District recorded in O.R. Book 7511, Page 1952, Public Records of Palm Beach County, Florida. SUBJECT TO: Comprehensive land use plans, zoning, restrictions, prohibitions and other requirements Imposed by governmental authority; restrictions and matten appearlnl on the plat or otherwise common to the Iiubdlvlslon; public utility easemeDts of record, taxes for the year of 2006 and subsequent years. The following property is owned by Turtle Cove LLC. It is subject to a mortgage held by Gulfstream Bwiness Bank, a Florida banking corporation. Parcell: The North ~ of Lot 3 (Tract 3), being a part of the Northwellt ~ of Section 12, township 45 South, Range 42 East, Palm Beach County, Florida and Included In the Amended Plat of Sec. 12 Twp. 4SS. R,42E. Mary A. Lyman et aI, according to the Plat thereoC, al recorded in Plat Book 9, Pale 74, of the Public Records of Palm Beach County, Florida. LESS the West 263.32 feet thereof; AND LESS the South 340.75 feet thereof; AND LESS the Riaht-of-Way for the Lake Worth Drainage District L-18 Canal.. set forth I.n Deed Book 67, Page S33, (a. to the North 53 feet of the Northwllt ~ as let forth more particularly theretn), and in Omclal Records Book 7511, Page 1951 (II to the North 17 reet of the lands therein), both Df the Public Records of Palm Beach County, Florida. Parcel 2: The Eut 109 feet of the West 263.32 feet of the North % of Tract J, being a part of the Northwelt % of Section 12, Township 45 South, Range 41 East, Palm Beach County, Flortda, and included in the Amended Plat of Sec. 12 Twp. 458. R.42E. Mary A. Lyman It ai, according to lb. Plat thereof, a. recorded In Plat Book 9, Page 74, of the Public Records of Palm Beach County, Florida. AND LESS the South 340.75 feet thereof; AND LESS the Right-ot-Way for the Lake Worth Dratnage District L-18 Canal a. let forth in Deed Book 67, Page 533, (u to the North 53 feet of tbe Northwest ~ .1 let forth more particularly therein), and in Ornelal Records Book 7SIl, pale 1952 (a. to the North 27 feet of the lands therein). both of tbe PubUc Records of Palm Beach County, Florida. Parcel 3: The North 56.77 feet of the South 340.7S feet of the North Ya of the Welt !4 of the West Ya 01 the Northea.t ~ of the Northweat ~ of Section 12, Township 45 South, Range 42 Eut, Palm Beach County. Florida, and Included In the Amended Plat of See. 12 Twp. 4SS. R.4ZE. Mary A. Lyman et ai, according to tbe Plat thereof. as recorded in Plat Book 9, Page 74, of the PubUc Records of Palm Beach County. Florida. Subject to conditions. restrictions, reservations and easements of record; taxel for the year 2004 and all subsequent years. 00-42-4S.12-0]~03-0070 OO.42~S~12~03-o03.0020 The south 17.00 Feet of the North 80.00 Feet of Tract 3, bemg a part of the Northwest ~ of SeetloD 12, Township 45 South, Range 41 East, Palm Belich County, Florida, and included In the Amended Plat thereof, as recorded in Plat Book 9, Page 74. of the PubUc Records of Palm Beach County, Florida, Jell the West 154.34 feet thereof. Parce1ldentlflcation Number: 00-42-45-12-03-000-0010/0010/0070 STATE OF FLORIDA ) ) 88.: COUNTY OF PALM BEACH) The foregoing instrUmen~ was acknowledged before me this 12th day of January, 2007by Alan ~.Cildl....l. ,~v ' Notary:( ~ - -..... N '--'.1"2..-- [NOT ARlAL SEAL] Print Name: C I c('" "'- M . eN' () , L \-., Notary Public, State of Florida My commission expires: Q -;)../ t.') q; \ ~ 0 J u ;2'Personally Known OR 0 Produced Identification Type of Identification Produced I"~ '~r.I NcMery PllblIa 8tIIe DI ,I.... Clem M C"eplch My Co<nmiaalOn 00511252 e.pirllS 02lQ81201 0 Will Call No.: 69/mmi CFN 200605.::1(2')793 OR BK 20873 PG 0423 RECORDED 09/20/2005 15:51:49 Palm Beach County, Florida AMT 625,000.00 Doc Stamp 4,375.00 Sharon R. Bock, CLERK & COMPTROLLER Pgs 0423 - 424; (2pgs) Prepared by and return to: Alan J. CikJin, Esq BOOSE CASEY CIKLIN, ET AL 515 North Flagler Drive Suite 1900 West Palm Beach,.'L 33401 561-832-5900 File Number: S2012-42648.1 Grantee S.S. No. Parcel Identification No. 00-42-45-12-03-003-0060 _[Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM. SECTION 689.02, F.S.) This Indenture made this 19 day of September, 2006, effective as of the 19 day of September, 2006, between SPERO D. CARABELAS, JR., a single man and NUBIA ZAPATA CARABELAS, a single woman whose post office address is 4736 Hypoluxo Road, Lake Worth, FL 33463 of the County of Palm Beach, State of Florida, grantor*, and TURTLE COVE, LLC, a Florida limited liability company whose post office address is 4736 Hypoluxo Road, Lake Worth, FL 33463 I)fthe County of Palm Beach, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: The West 154.32 feet (as measured at right angles from the West line of Lot 3) of the North One-Half (N 1/2) of Lot 3; EXCEPT: The South 340.75 feet thereof, being a part of the Northwest One-Quarter (NW 1/4) of Section 12, Township 45 South, Range 42 East, amended plat of Section 12, 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 74; LESS: The right-of-way for Lake Worth Drainage District Lateral L-18 as described in Deed Book 67, Page 533 of the Public Records of Palm Beach County and the right-of-way for State Road 709 (Hypolu:w Road). SUBJEC j . TO that certain Drainage Easement over the North 27 feet of the property to the County of Palm Beach recorded in Official Record Book 6566, Page 110; and Quit Claim Deed from Palm Beach County to Lake Worth Drainage District recorded in O.R. Book 7511, Page 1952, Public Records of Palm Beach County, Florida. SUBJECT TO: Comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record, taxes for the year of 2006 and subsequent years. and said grantor does hereby hilly warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. DoubleTim6@ * I'Grantorl1 and "Ciranteel' are used tt)r singular ur plural, as conll;xt requires. In Witness Whereof, granto[ has hereunto set grantor's hand and seal the day and year first above WrItten. Signed, sealed and delivered in our presence: / Wu~~-=_C~'ib\'_", C, ,,,1'-- (I'~---~-""~""'~' l /-"'...." I i, _ -i' '- -----z1( I 'r m_ IT -tJ-ee ---<L/JF"'> F ~~/f..J.i--:7 Witness Name: J\- oL-L ~.~fl_rl._ll1~01-- \[e '::> State of Florida County of Palm Beach -k l2u(?~ / l{,/ ~l .--;J ~ /' I; ,. .. tz ./-- A :L/I(':_~('E!~ .,'L (~~:__(S~al)- NUBIA ZAPATA CARABELAS The foregomg 1I1strument was acknowledged before me this n day of~_~mber, 2006 by SPERO D. CARABELAS, JR. and NUBIA ~. AP A T A CARABELAS, who U are. personally kn,?*II or [Xl~~e pro~uced a dri r's lie e as IdentificatIon. ~ / _,', '__ /?{ a~~ _ ' Notary PublIc (/ \ I \ ~rinted Name: ./ ~~ ~---- My Commission Expires: [Notary Seal] WlIrranly Deed (SllIIIIIOI)' For/ll) - Page 2 - ><===='-'=L=-=''''===-=,,=..= o lam 0/1/0 sa/ILk,! - 0" '~)'l- l700U9ao UOIS:>IIJ.IUlOJ .iV'J if., . .:::;{-~ , S,MIl'"i lill~l!JtlV\J ~ ~,; '~_'''rs ""~~I".~l:-.J Q~..._~=~==.- <o.'.'~'~. .v~.! "..\:.... .~..j. 0 .t"...IY...Pl.'.l..;I.iZ'.S:.:-. ;.~-;~.(JfFI~hd~~ . '; Marilynn M Ives ~~c; . ,. g My Cornrlllssion DDS.12004 . E ~'f:,O==",fcXP.lles 04~1/201 0 - . DoubleTimev Will Call No.: 69/aza CFN 20060228576 OR BK 20217 PG 0878 RECORDED 04/18/2006 16:38:54 Palm B~ach County, rlorida AHT 1. 00 Doc Stamp 0.70 Sharon R. Bock,CLERK & COftPTROLLER Pgs 0878 - 879; (2pgs) Pre,pared by and return to: Alan J. CikJin, Esq BOOSE, CASEY, CIKLIN, ET AL 515 North Flagler Drive Suite 1900 West Palm Beach, FL 33401 File Number: 82012-42648 [Space Above This Line For Recordmg Data 1 Quit Claim Deed This Quit Claim Deed made this 1.1-. day of April, 2006 between ALVIN EUGENE BROOKS, a married man, joined by his wife, LOIS BROOKS whose post office address is 2155 SW Locks Road, Stuart, FL 34997, grantor, and TURTLE COVE, LLC, a Florida limited liability company whose post office address is 7600 Wentworth Drive, Lake Worth, FL 33467, grantee: (Whenever used herein the lenns "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the SllCcessors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Palm Beach County, Florida to-v.,'it: THE SOUTH 27.00 FEET OF THE NORTH 80.00 FEET OF TRACT 3, BEING A PART OF THE NORTHWEST 1/4 OF SECTION 12. TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND INCLUDED IN THE AMENDED PLAT THEREOF, AS RECORDED IN PLAT BOOK 9. PAGE 74, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE WEST 154.34 FEET THEREOF. Parcel Identification Number: 00-42-45-12-03-000-0010/0020/0070 To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. OcubleTim~ Book20217/Page878 Page 1 of 2 In Witness Whereof, grantor has here~to set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: ~1tIJf~~! _(<>.,.., ~_ D.~ ... Witness Name: c..o..rM.~ D. Wood e ~My e IS BROOKS (Seat) State of Florida County of Martin The foregoing instrwnent was acknowledged before me this'/ II day of April, 2006 by ALVIN EUGENE BROOKS, a married man, joim:d by his wife, LOIS BROOKS, who ~ are personally known or U have produced driver's licenses as identification. [Notary Seal ~7Md4<J v ~Al!JfVG 7- tUOOtJltteD Printed Name: My Commission Expires: ,/ ~~y ILl, .2.01(:) Quit Claim Deed - Pag~ 2 DoubleTimee Book20217/Page879 Page 2 of 2 TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS FROM: CITY OF BOYNTON BEACH UTILITIES DEPARTMENT RE: WATER SERVICE AGREEMENTS 1. Please sign the agreement (on p. 3) and the Power of Attorney form 2. Have your signatures witnessed and notarized 3. Attach a survey and legal description (LABELED EXHIBIT A) 4. Attach a copy of the site plan 5. Also attach an opinion oftitle from an attorney, a recent title policy (less than 6 months old) or an owner and encumbrance report from a title company (also less than 6 months old) 6. Return all documents to this office. NOTE THAT OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME TO PROCESS THIS APPLICATION, PRIOR TO US SCHEDULING IT FOR THE CITY COMMISSION MEETING. THE TIME SCHEDULE IS THEREFORE AT LEAST 4 WEEKS FROM DATE OF SUBMITTAL TO DATE OF APPROVAL, DEPENDING UPON THE ACTUAL DATES FOR COMMISSION MEETINGS. (THE COMMISSION MEETS ON THE 1 ST AND 3RD TUESDAY OF EVERY MONTH) Sincerely Peter V. Mazzella Deputy Director of Utilities Owner Information Owner's Name: Turtle Cove, LLC Mailing Address: 420 W. Boynton Beach Blvd, Ste. 201, Boynton Beach, FL 33435 No. & Street City State Zip Code Telephone No. 561.736.8838 Property Information: Address: Located on the south side of Hypoluxo Rd approximately 1/4 mile west of Military Trail No. & Street City State Zip Code Property Control Number (PCN) 00.42.45.12.03.003.0060/0070/0010 / 0020 - ~ - . ~ r . ~ . ,. . LO'CQtior:l'M(lP Tabu/,or Data ' . r:' 1. 11, ~ rll ' d' , . , '" . Petition: 71-069 I Petition No: A94-13 ,. ~ 6 qontrol No. : ExiSting Use: ~F ! EXi~ting Use: Vacant ~: ~ ., , Project No. . : F(..V: l.R-3 ' Ft,l.{:/ CI5 ~ NORTH ~(Jme of 'aevelopm~nt ' Zpplng: RS / ; Zoning.' MUPQ ~ NTS T)~r I R~., R-17~75 ' ,\:2 Lqnd Use / CE;:NTERLlNE _ Z~nlng DistrIct I i-A DON I S DR I VE f1YPOLUXQ 'ROAD;i G't'erl(lY(s) & DensIty ProgrClms / / (L ~ SectIon, Township, R~nge - - - - - - .~ - - - - - - ,,&: Properly Cpn~ol Number ~ ~ ' 0 _ ~ ~ :::l: g Proposed Vse(sJ -:l I ASPHALT ROAD ~5' _ " GA TE\lVJA.Y '80U~EVARD Total GrOSSi Site Area WEST SOUND LANES10F Tptal Gross Floor Are~ HYPOLUXO ROAD 6uildihg A H J cr::J IIp'ROW Veterinory'Cllnc ",. ~'nO"U"10 ~Ioad EXISTING/ULTIMATE MedJ~~I'Offive CONCRETE MEDIAN ,.., ""1 B fl......h Q. M dl I' ffi - - -. - ' '~- U ul 9 'i" e c q ,0 Ice ' ! : . -. - -.,.. Bufldlhg q'Medlcol Office ' CONCRETe MEDIAN Bundihg q'Medical Office [ ~5' Medical or Del"'\tlal Office - ~ ' - ...,. f - 1- r _ ,__ _ "" .-.. _ 154.35' '- or-, , CANAL L-18 :' ll,l~ CANAL L-13 ~ ' 53' ~3' LWPP RIGHT-OF-WAY ~ I ~ . 53' LYVDDRIG~r;-op-WAY' , DB 67, PG'533 NEW HEADwALL W/ ~ . ,DB 67, Pc:;7 533 53 ' "' CO~CRaE GUARDRAIL AC~EPTAB~E TOP: OF ~ANAL BANI< HEADWALL TO COUNTY ENGINEER . RAISED . w~ ~ - t . 1 -, - 1'-' - - 1_ - .,.. .. -. e _. I ' <.1:5 : .01 27' DfCllinage i Eos~ment I P' 1<1 I q~ - - -,-- - - ~ - -- - - - '0' ADELPHIA: UE Total Parkl,hg ~pac~s 12' AdditIonal 59' 'Ftont ORB 14220, ,po 8~6 CaU::ulatlon Rates LWDD ROW Setback I 10' 'FPL UE ProfessrQnCif/MedJcQI'Offlc~Net;@'l SPI20Q SF - - -.-- - - ,'/, - - --J I ORB 14161, PG710 . : l(1)"BELtSOUTH UE HandIcap Spaces 20' .LAN DSCAPE \ - _ OR,S 14220,. PG 838 BUFFER - - - - -, -~~ \ I , .~ I - ..... A -..... I .L · ~ - ~ Notes - - -~,. B i I MEDICAL OFFICE 8' MIN. FOUNDATIN ' I I I Y~T; CUNI C 4,500 SF , 8' MIN-. FOUNDATlN I 1 j' This plqn is prepared bjosed on' a survey provid~~ 6 OOOISF PLANTlN'G - 40% OF I MEQICAL qFFfCE .1-.500 SF PLANn~G - 40% qF ' I Smith Land Surveying, Inc. ! i If" BUILDING FACADE TYP. 30'/1-STORY BUILDING PACADE TYP.: . 30/1-ST0RY ~ /1f 8"~AIN Fn\UND "_ " 'l' . ''-/' ATlN 5':MIN.' FOUNDATION I 8 MIN. FOUNC>ATIN 5 ~IN~ FOUN[!)ATJON 2 ' PIJ\NTlNG:' 4098 OF , , ' PLANTING - 40% OF PlANTING - 40% OF i BUILDING FACADE TYP t' 10 IN<fRESS/EGRESS EAS~MENT I I ACAD P BUllJDING FACADEITYP ,. TO BE A BANI!>ON ED , , ' ' . ORB 1521, PG',s72 ~ . j I 2f'd~~~~~~~J~EASEMENT" ,. Prop~rfiy' lJ)~ve.IQprme/fltIRegs """""" ==- ==- "'==- ==0 ==- = -==ow ==- -- 8RB'146J,.PG.681 , .-a -==-"'""""! RB: 146l, PG'690 6 7 1~ 6 7 Z?ni09 Pllllimum.I..clt'Dimension. i Otllli'l fAR ~clih9 'Imp<<v. ' DIstrict , ~ Surface - 01' ,Pod : Size' W'ldth, Depth fronlo9i' ' 'Area J 9 <:=> <:=> CHO-Rq'd. 1 ac 100' : 200" 100" _ .35 2S~ _ J 0<> ~~~T10NAL 0<> 26' CHO~P"'d 3 ac laS' :J<{)' 365' _ ,16 16~ 'S6~ aJ~ 9' t L' It = 9' t PetitIon NO: P-oO-91 ~ ' :18.5':-J.. '16' 8 2 TY .. 18.5 6 : Exlstll1g'Uss:'Retail i C D n 1f ~24< c=a = ==0 : Hypo/uxo1 Village - ~ U v - - - - - ~~ - - -- ==0 =- -=- 'FLU:Cl./3 ,~'ct::l 't"'21:1 h to i= " PLANnNG WI '1 r .OJ' over ang Pl;ANT/NG 'RES: 'R.;oz-0298 .- ~ U fo avoid existing tree ~ ~ '==0 ==0 =-=- -- -=- - -- --- ~ I c=:::::o=- ~ C::;:;;::;II m=::;;I ~ ~ ~ ~ ~ C::;;::;I::;llI ~ () ~: ~ .1 0 I 8.5' 1 0 ~ ~ ~ 25', S> 26': I '8" 5' , 'IADElPHIA UE . ORB'14220l PG834 . I W FPL UE I ,9 10 I! ORB'14161t,PG705 , 10' BElLSOuTH UE ==0 -=- - '-=' ==- =- II ORB:14161, PG699 - 5' MIN. FOl.iJNOATlON IN,'FOUNDAJfIN IN. F0; I II PLANTING - 40% OF PLA:NT/NG '.40% OF 5' MIN. FOWNDA ~:10N PLAMTlNG - 4099 OF I \ , BUILDING FACADE TYP. BUILD'ING FACADE TYP~ . PLANTING - 40% ,OF BUILDING FACADE TYP. ~ BUllDIN<S'FACAD8! TYP. 10' r, I:; DRY : fJ MIN. FOUNIDATlN CD. La ; D;~i~~~ ' PlANTI~G -4Q%OF MEDICAL OFFICE MIiDICAL 0FfrlCE I I' I ~2: 10' ADEL:PHIAIFPL/ ,BUILDING FACADE TYP. 6; 000 SF 8~ MINI FOUNDAiJ"IN, I! el"i: BELLSOUTH EASEMENT I I PlANrrlNG _ 40% OF 6,000' SF ) I I ! <N ; 30/1-STORY BUILDING FAGADETYP. 30'/1-STORY 2.~ I ~~, - ,'- - - - ~ - - - - - - ...::..- - - - - - - - r-' ~12 , 20.1' MIN. 15' INCOMPATlBILlY 20~ l' MIN. ~"t , SIDEWALK CONNECTION I I.... , . . . . _ _ _ _ ~R SETBACK _BUFFER I..;:! GATE REAR se:.BACK _ _ . --1.. Zonurrg, lDIY.ISIC>n! Stamps -I.. ""'7lTl' Irlla~12'28.E 3d, t : Apr;'k?BtionNo:'P.()4..661 / / J;/ II II I IN~OMP~;I~~'BUFFER II I ~ Existing Use: Vacant -----! L- _ : FLU:'LR3 _ _ ~ / / I II I ~ +- - -, - - -, II I . Zomng:PUD / ~ / / I I I I Res: R..()5.1047 ......... / II I I Res: R-oS-1048 / /' /'" --- -----/ II II I I I ReS! M5'1049 v 'I }h"'-: -- " II I I II I ,- / I; II " II I g I I ~ / ;1; h /,?, " II I ,- I I · I III ~'/ " 1/ II I I I I _ _ ~ - - - - - - - - - - \ \ \1 II 1/ I r r - - - - - - - - -1 I \ \ \ -l I 0 15 30 60 90 SCALE:' 1" = 3.0' ~\ I, VI.-CONSENT AGENDA ITEM D., CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned in Meeting Dates to Citv Clerk's Office Requested City Commission Date Final Form Must be Turned in Meeting Dates to City Clerk's Office 0 December 5, 2006 0 January 2, 2007 0 January 16,2007 0 February 13, 2007 November 20,2006 (Noon.) 0 December 18, 2006 (Noon) ~ March 5, 2007 January 2, 2007 (Noon) 0 March 20, 2007 January 22, 2007 0 April 3, 2007 o Announcements/Presentations o Administrative ~ Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o February 12, 2007 (NO~ g"} March 5, 2007 (Noon) _ N March 19,2007 (Noon) -0 :J' N .. w c.,...) ("") 0:::1 ::::{-< -<0 ,....,-r'\ ;'- OJ .;-<1 0 ~~:~ ~::::{ o ,::.::>:Z: ""'CP ~rn ('"):P f'lS! - NATURE OF AGENDA ITEM o o o o o City Manager's Report New Business Legal Unfinished Business RECOMMENDATION: Purchase updated computer and software to interface with existing CrossMatch ID500 Fingerprint scanner to allow for creation of digital fmgerprints to submit electronically to the Florida Department of Law Enforcement. EXPLANATION: Per FDLE Criminal Justice Information System (CnS) Memo 2006 - 25, all applicants for certified officer positions must submit fingerprints electronically by January 15, 2007. All current certified officers must be re- fingerprinted electronically by January I, 2008. This equipment will give us the ability to comply with this FDLE requirement. Additionally, this will put the Police Department in a position to take advantage of future FDLE plans for Rapid ID of suspects, matching of latent fingerprints, and eventually allow all applicants for City positions to be fingerprinted and submitted to FDLE for the purposes of background checks. PROGRAM IMPACT: FISCAL IMPACT: (Include Account Number where funds will come from) Account number 691-5000-590-04-25 (Forfeiture Fund Account) $4,455.00 ALTERNATIVES: The only alternative is to contract with a surrounding agency such as Palm Beach County Sheriffs Office to get our officers fingcrp,int,d. ~ '-'" ity Manager's Signature Assistant to City Manager ~ City Attorney / Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CROSSIVIA;~H'.1 rECI'40-iOl~,}C~i SALES QUOTATION Upgrade Live Scan system Date: Account Manager: Phone: 561-622-2688 Fax: 561-828-2307 12/22/06 Scott Clinton Mobile: 561-379-5509 Email: Scott. C Ii nton@crossmatch.net QUOTE#BYNT122206 BILL TO: SHIP TO: Cross Match Technologies, Inc. 3960 RCA Boulevard, Suite 6001 Palm Beach Gardens, FL 33410 Phone: 561-622-1650 Fax: 561-828-2307 Website: www.crossmatch.net Phone: Boynton Beach Police Deoartment Douq Solomon 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 (561) 742-6171 SolomonD@ci.bovnton-beach.f1.us Company Contact: Address Company: Contact: Address: GSA Schedule 70 GS-35F-0199R Fax: Email: Email: Website: Method: Other (See Note) { Ship to address must be a complete direct mailing address with telephone contact} Phone: Fax: Qty CMT Part # Description Unit Price Extended 1 900074 Ten Print Workstation. Countertop set up with XP pro DT PC, $2,025.00 $2,025.00 Keyboard-Mouse, Firewire card, updated Live Scan Management Software 1 850181-005 FDLE App/Civil electronic submission software $1,500.00 $1,500.00 1 930000-5 On Site installation (per day) $900.00 $900.00 - Subtotal: $4,425.00 Pricing: D State Specific []GSA D Standard Sales Tax: D Non Exempt [] Exempt Sales Tax: $0.00 If Tax Exempt, Certificate Shipping: $30.00 Payment Terms: Other: N/A D New Customer D Credit Card D Wire Transfer [] Net Terms [] Current Customer TOTAL: $4,455.00 Site Survey: D Complete D Expected Completion: Cross Match will move all the clients EFT files from their old PC's to the new ones. Client should consider archiving very old files on another storage device or drive so as not to impede the performance of the new workstation. Notes: . Cross Match Limited Warranty is for one year depot repair only. Enhanced Warranty is recommended for 24x7 customer care, remedy for software media defect. next . Quoted system configured per attached SDA. - Sales tax and shipping are estimated and may vary. This quote does not include: other taxes, export fees, duties, or export charges. . Prices are valid for 90 days from date of quotation. . Payment terms are net 3D, from date of invoice, with approved credit. Quote Presented By: Scott Clinton Date: 12/22/2006 Quote Accepted By: Name Title Signature Date 05-05-06 P The Florida Department of Law Enforcement Important Update: REQUIRED ELECTRONIC SUBMISSION OF CRIMINAL JUSTICE CERTIFIED APPLICANTS BEGINNING JAN UARY 15, 2007 November 2006 ELECTRONIC SUBMISSION OF CRIMINAL JUSTICE CURRENT CERTIFIED EMPLOYEES BY JANUARY 1, 2008 As you are aware, Florida law requires a fingerprint based criminal history background check as a condition of employment for all law enforcement, correctional and correctional probation officers under s. 943.13(5), F.S. However, unless initiated by the employing agency, there are no subsequent fingerprint checks to ensure that officers have not been arrested, charged, or convicted of offenses that could jeopardize their certification under Florida law. Also, as you are aware, Florida Department of Law Enforcement (FDLE) has for many years been retaining the fingerprints of persons arrested but did not have the ability or authority to retain applicant or employee fingerprints. In 2004, we developed the capacity to retain fingerprints of persons who are applicants or employees as authorized by law. This capability allows FDLE to notify the licensing or employing agency if the subject of the retained fingerprints is subsequently arrested in Florida. This is an important public safety tool and is already being used by schools, seaports and Department of Juvenile Justice employees and private contractors. CJIS Memorandum 2006-25 con't CJIS Memorandum 2006-25, pg. 2 Now all criminal justice agencies have the opportunity to take advantage of this service. House 8i11151, passed in the 2006 legislative session, provides authority for FDLE to retain fingerprints of criminal justice personnel and mandates this retention for certified personnel. Here is a brief summary of the law. All references to "certified" below mean certified as an officer under Ch. 943, F.S. Certification for FCIC/CJIS is not relevant in this context. Aoolicants for certified law enforcement, corrections or correctional probation officers must submit fingerprints electronically beginning January 15, 2007. Fingerprints will be retained for comparison to incoming Florida arrests. If there is a match between an applicant and an arrested person, FDLE will notify the employing agency of the arrest so that appropriate action may be taken. All current certified law enforcement, corrections or correctional probation officers must be re-fingerprinted electronically by January 1, 2008. Fingerprints will be retained for comparison to incoming Florida arrests. If there is a match between an officer and an arrested person, FDLE will notify the employing agency of the arrest so that appropriate action may be taken. Non-certified criminal iustice aoolicants are not mandated to submit fingerprints. However, if the fingerprints are submitted electronically on or after January 15, 2007, they will be retained and searched against incoming Florida arrests. As with current submissions for criminal justice applicants and employees, there is no fee assessed by FDLE or the FBI for the processing of these fingerprints. Agencies have a number of options for submitting both applicant and employee prints prior to the aforementioned statutory deadlines. First, agencies that currently have their own applicant livescan devices may submit using their equipment. Second, agencies may want to explore options for purchasinq their own applicant livescans for submission of applicant fingerprints. Prices have dropped significantly; devices typically start at around $14,000. These deyices m...gyalso be used to fingerprint other applicants. Since this will be an ongoing process, this may be a good long-range option. (See attachment 3). Third, some aqencies with applicant devices, including the criminal justice training centers, may be able to assist. FDLE will continually post on the CJNET, under "News and Announcements"; the list of agencies which currently have livescan devices and may be willing to allow their livescans to be utilized to fin g e r p r in t c e rt i fie d a p pi i can tan d cur r en t em p I 0 Y e e s . CJIS Memorandum 2006-25 con't CJIS Memorandum 2006-25; pg.3 Agencies needing assistance should first contact these agencies and arrange an interagency agreement to set specific operating guidelines. Pre-arrangements will need to be in place. FDLE has a livescan device in Tallahassee and is planning to obtain a device for Jacksonville, Tampa and Miami by the beginning of 2007 to assist in this process. Appointments will need to be made for individuals to be printed at these FDLE locations and FDLE assumes that other agencies would, likewise, need to have appointments to accommodate other agencies' personnel. (See attachment 3) And finally, there are "service oroviders" who have their own devices and submit directly to FDLE. These vendors charge for this service at negotiable rates. (See attachment 3) The fingerprints that are submitted to FDLE electronically go into the Civil Workflow Control System (CWCS) and are processed at the state and national level. Every criminal justice agency will need to complete the CWCS Customer Registration Form. (See attachment 1) This will give FDLE the information needed to send the criminal history results for your personnel to the correct person within your agency regardless of who submits the fingerprints. You will need to be sure that any candidate or emoloyee takes your aaencY's ORlainatina aaency number (OR/) that you have submitted on this form with him or her when aoina to have finaerorints taken. FDLE is working with the Florida Sheriffs Association and the Florida Police Chiefs Association to provide information to all Florida criminal justice agencies in an expedited manner so that all agencies will be aware of the requirements and available options. We realize that this will require a coordinated effort on your part with other agencies and we are willing to offer our assistance anyway we can. If you have questions, please contact your FDLE Regional Information Delivery Representative. ATTACHMENTS 1. Customer Registration Form 2. Agencies which have applicant livescan devices 3. Livescan vendors and service providers 4. FDLE Regional Information Delivery Representatives CJIS Memorandum 2006-25 VI.-CONSENT AGENDA 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 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) [g] March 5, 2007 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 0 February 13,2007 January 22, 2007 0 April 3, 2007 Date Final Form Must be Turned in to City Clerk's Office February 12,2007 (Noon) March 5, 2007 (Noon) March 19,2007 (Noon) 0 0 Announcements/Presentations 0 City Manager's Report -J -r'\ NATURE OF 0 Administrative 0 New Business ("'1'1 CO AGENDA ITEM [g] Consent Agenda 0 Legal N 0 Code Compliance & Legal Settlements 0 UnfInished Business ~ 0 Public Hearing 0 :x - - .. c") c") -\ =i-< -<0 .::J "Tl '-0) ~o ;0-< :;::':::':;r. "-\ tIlo 0% "'03 ~rn C"'>)> rrtc") :J: RECOMMENDATION: A Motion to approve the "Surplus Vehicle List" as submitted by Public Works/Flef,6 Maintenance and allow for the sale of same. EXPLANATION: Procurement Services has reviewed one (1) item on the "Surplus Vehicle List" that was submitted by the Public Works/Fleet Maintenance Division (see attached memo dated January 17, 2007). Utilizing the City of Boynton Beach disposal process for surplus vehicles will allow the vehicles to be auctioned by the City's approved vendor and generate revenues to the Fleet Maintenance Funds. Procurement Services request Commission's review, evaluation and approval to sell the surplus property. PROGRAM IMP ACT: The disposal of this surplus vehicle 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 this surplus vehicle will be placed in the Fleet Maintenance Fund in the following account: Revenue Account: 501-0000-365-01-00 Account Descriotion: Sale of Surplus Equipment AL TERNA TIVES: There is no alternative but to dispose of this surplus equipment. ~- . Cl Manager's Signature ~d!~ De en ead's Signatur Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 07-007 TO: Bobby Jenkins, Assistant Finance Director Christine Roberts, Assistant Director of Public Works~. Tim Calhoun, Fleet Administrat1 ( ,. Surplus Vehicle THRU: FROM: SUBJ: DATE: January 17,2007 The resource listed below belonging to Public Works Sanitation Division is being replaced rather then the originally scheduled vehicle. This is due to the overall poor condition of vehicle #63 a 1998 Chevy Pickup with over 91,000 miles. We would like authorization to retain vehicle #5 for one additional year. Vehicle # 5 is a 1999 Dodge Pickup with over 91,000 miles also, but in much better condition. Unit # Description Vin# 63 1998 Chevy Pickup IGCEC14W8WZ215471 PW File VI.-CONSENT AGENDA ITEM F. 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 Tumed in to City Clerk's Office 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2,2007 December 18, 2006 (Noon) [g] March 5, 2007 0 January 16, 2007 January 2,2007 (Noon) 0 March 20, 2007 0 February 13,2007 January 22,2007 0 April 3, 2007 February 12, 2007 (Noon) March 5, 2007 (Noon) C") C") -\ =i-< -<0 (J"Tl r- o;l ,liO N ;.0 -< :~% Vi-l o .:::> % "m ::! fTl C"'>)> RECOMMENDATION: A Motion to approve the "Surplus Equipment List" as submitted by the Golf CouWe arla'~ allow for the sale of same. March 19,2007 (Noon) Consent Agenda o o o o o City Manager's Report New Business o -J -r'\ ("'1'1 CO NATURE OF AGENDA ITEM o o [g] o o Administrative Announcements/Presentations Code Compliance & Legal Settlements Public Hearing Legal Unfmished Business ;Do :x 9 EXPLANATION: Procurement Services has reviewed the thirteen (13) items on the "Surplus Equipment List" that was submitted by the Golf Course Division (see attached memo dated January 22, 2007). Utilizing the City of Boynton Beach disposal process for surplus equipment will allow this equipment to be sold and generate revenues to the Golf Course. Procurement Services request Commission's review, evaluation and approval to sell the surplus property. PROGRAM IMP ACT: The disposal of this surplus equipment will provide inventory control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMP ACT: The revenues generated from the sale of this surplus equipment will be placed in the Golf Course Fund in the following account: Revenue Account: 411-0000-365-01-00 Account Descriotion: Sale of Surplus Equipment ALTERNATIVES: There is no alternative but to dispose of this surplus equipment. 4""",,,,,, Signa,"" Department Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC Memo From: Bill Mummert, Director of Financial Servic~s Wilfred Hawkins, Assistant City ManageF\~ Scott Wahlin, Golf Maintenance Manager ~,-"I January 22, 2007 ./ To: Through: Date: Re: Surplus Equipment I would like authorization to dispose of the following equipment. All of these pieces of equipment were on the Department's Equipment Replacement Schedule and either met or exceeded their life expectancy. All useable parts that can be used on the equipment's replacement equipment has been salvaged and stored. We could use eBay to dispose of this equipment. MAINTENANCE SURPLUS I EQUIPMENT - 2007 I DESCRIPTION MODEL # SERIAL # ASSET IN OUT COMMENTS TAG # SERVICE SERVICE Carry AliI! Utility Vehicle EG9617 507403 MISSING 1998 2006 NEGLIGIBLE VALUE Cushman HD Utility Vehicle 898530A 96007276 525 1996 2006 NEGLIGIBLE VALUE Club Car Golf Car A9507 424465 11253 2001 2006 NEGLIGIBLE VALUE Lastec Articulator Mower 721XR 6060900 4344 2000 I 2006 NEGLIGIBLE VALUE John Deere Greensmower M0020A 056682 4399 2000 2006 $400 ESTIMAT~D VALUE John Deere Greensmower M0020A 056884 4400 2000 2006 $400 ESTIMATED VALUE John Deere Greensmower M0020A 056885 4401 2000 2006 $400 ESTIMATED VALUE John Deere Greensmower M0020A 056886 4402 2000 2006 $400 ESTIMATED VALUE John Deere Mower Trailer 22 NONE 4403 2000 2006 SELL WITH MOWER John Deere Mower Trailer 22 NONE 4404 2000 2006 SELL WITH MOWER John Deere Mower Trailer 22 NONE 4405 2000 2006 SELL WITH MOWER I John Deere Mower Trailer 22 NONE 4406 2000 2006 SELL WITH MOWER I ADMIN SURPLUS I I EQUIPMENT - 2007 I ! DESCRIPTION MODEL# SERIAL # ASSET IN OUT COMMENTS TAG # SERVICE SERVICE Minolta Copier EP2030 507403 MISSING 2002 FEB 2007 *DELlVER TO WAREHOUSE I * This item will not be sold on eBay, arrangements will be made with the warehouse for pick up. If you have any questions please contact Scott Wahlin at 561-742-6543. VI.-CONSENT AGENDA ITEM G. 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 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) [g] March 5, 2007 February l2, 2007 (Noon) 0 January 16, 2007 January 2,2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 13,2007 January 22, 2007 0 April 3,2007 March 19,2007 (Noon) ("") n:::i ~-< -<0 n"Tl ,--OJ \---t"lO :;:0 -< ;;=:Z . -I -0 c.J'l0 ::I: 0 :z: RECOMMENDATION: Motion to approve the "VISTABELLA AT RENAISSANCE COMMONS REPLAT ~ P~ Record plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (CieEn~ and Surveyor and Mapper). ~ rng AnnouncementslPresentations o o o o o City Manager's Report:, New Business :; Legal g Unfinished Business J, NATURE OF AGENDA ITEM o o [g] o o Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing EXPLANATION: The record plat review for this modifIcation to the original record plat originally commenced on November 21, 2006, refiled a revised record plat on December 22,2006, to which the second and final review was completed on January 25, 2007. A couple of minor plat preparation changes not withstanding, staff mow recommends that the City Commission approved the plat as presented subject to [mal signatures by the City Engineer and Mayor. This record plat is the revised step in the process of development of the townhouse tract known as VistaBella at Renaissance Commons, a PUD previously fIled in Plat Book 104, Pages 186-187, Public Records of Palm beach County, Florida. The record plat preparer has stated that all minor changes necessary to this instrument are in compliance with those comments noted in the last review letter. PROGRAM IMP ACT: The proposed development cannot be implemented until this proposed record plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: None ALTERNATIVES: The proposed development revision will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. ' Assistant to City Manager CJ1rL/ Public Works / Engineering Division Department Name City Attorney / Finance S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM THIS PLAT $ ! GATE:NAY BLVD, ! I \ , , I I , I i 18' 17 _ ___ '_______ -------- --------?!if ~ 19 20 ~ I , <:.s, ~! J;! ~! @! ~! IJ{DD C-/6 CN/AI.. ! I::] I I Cl::, , ~I I 8, , ! NOT TO SCALE ! ________ --------------r--------- , I I W!fTON BEftCH BOUJBI NlD II LOCATION MAP S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlV.l.. VII-CONSENT AGENDA ITEM HI 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 December 5. 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) ~ March 5,2007 February 12,2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 13,2007 January 22. 2007 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TlON: Approve motion to accept the City of Boynton Beach FY2005-2006 Annual Grants Report. EXPLANA TlON: The mission of the Grants Team is to enhance the achievement of the City's overall goals by providing research, planning, support, feedback and other assistance to its departments in the development of alternative funding sources for citywide projects. The Grants Coordinator prepares an Annual Grants Report each year, which summarizes the City's previous year's grant activity. PROGRAM IMPACT: The Grants Team provides grant development support services to City departments through the identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff seek funding for priorities identified during the budget process. Team members and staff specifically focus on meeting department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The Annual Report serves to document citywide efforts and identify focus areas for the next fiscal year. FISCAL IMPACT: None ALTERNATIVES: Not to accept report. Assistant to City Manager {;.I1r( ./ City Manager Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC III I City of Boynton Beach FY2005-2006 Annual Grants Report I I Boynton Beach Grants Team January 31, 2007 Introduction The Grants Team provides grant development support services to City departments through the identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff seek funding for priorities identified during the budget process. Team members and staff specifically focus on meeting department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The Grants Coordinator provides the following: . Orientation for all new Grants Team members . Grant writing assistance . Grant proposal quality review . Special project funding availability analyses . On-going grants proposal tracking . Grant management training An Annual Grants Report is published each year, which summarizes the City's previous year's grant activity. The Annual Grants Report and subsequent Monthly and Quarterly Updates summarize data on departmental grant activity and Grants Team projects. The reports will reflect information received from departments regarding grant funding applications and awards. Grant Team members' diligence in using the tools provided by the City is essential to communication and effective record keeping. Accordingly, the Grants Coordinator solicits comments, suggestions and recommendations regarding grants management tools and this report, which is used to increase the overall efficacy of the program. Grants Team Mission Statement: To enhance the achievement of the City's overall goals by providing research, planning, support, feedback and other assistance to its departments in the development of alternative funding sources for citywide projects. Page 2 of5 Grants Team Activity Since April 2001, the City of Boynton Beach has been on the cutting edge of grants management. Our City Manager, Kurt Bressner, saw the value in providing resources to help grow our grants program in Boynton Beach. This enabled staff to become involved in developing and beta testing grant research and management software. As a result, we have realized significant cost savings and increased efficiency. Using electronic means to manage grant funded projects, we can effectively maintain decentralized operations while enjoying the benefits of centralized grants management. While the City receives some entitlement and formula funding, the majority of grants applied for are competitive. Community Development Block Grant (CDBG), State Housing Improvement Program (SHIP) and State Aid to Libraries are examples of the non-competitive funding the City receives annually. These dollars are critical to continue providing basic services to our residents. Generally, departments will identify needs during the City budget process and research appropriate grants. On occasion, emergency funding will become available (i.e. hurricane or other disaster funding), when this occurs the Grants Coordinator will work with departments to identify appropriate projects and coordinate efforts to develop a competitive grant application. Attachment A details the grant applications and awards for FY06; Community Improvement, Fire, Forestry, Library, Recreation & Parks and Utilities were awarded grants for City projects. First Quarter of FY2006 (October, November & December) Departments citywide identified 35 projects that had potential for grant funding. Each department used the City's Grants Management Information System (GMIS) to capture information for funding research, grant applications and management. While some projects are still in the funding analysis stage, to date, four of the 35 projects have been awarded grant funds totaling $1,854,298. Second Quarter of FY2006 (January, February & March) Due to a very active hurricane season in south Florida, much of the second quarter was spent researching hurricane funding and identifying mitigation projects. Departments participated in Local Mitigation Strategy Workshops and met with State liaisons to ensure City's projects remained a County priority. Two additional projects were awarded grant funding this quarter totaling $22,829. Third Quarter of FY2006 (April, May & June) The team prepared the FY06 budget request and began looking at departmental projects for future collaboration. The federal budget process was monitored with regular updates via the Federal Assistance Monitor bi-monthly publications. Also Page 4 of5 included was State funding opportunities and grant updates. One additional project was awarded grant funding this quarter totaling $368,370. Fourth Quarter of FY2006 (July, August & September) The Grants Team met in August and reviewed the plans to create a 501@3 foundation to support projects and programs to benefit citizens in Boynton Beach. City policies on grant management were reviewed and internal procedures were updated by the Team. The Grants Coordinator gave the Team a preview of future upgrades to the GMIS software. The City has agreed to beta test a new version of GMIS for eCivis. In return, the City will realize substantial discounts on the new software version. Four additional projects were awarded grant funding this quarter, totaling $442,115. Summary and Future Direction Over the past six years, the Grants Team has made significant changes in the way grant opportunities are sought, communicated and managed by the City of Boynton Beach. The team is continually seeking ways to improve and meet the City's funding needs. The City's grant awards continue to increase despite a more competitive funding arena. The number of departments actively working on grants and number of grant applications submitted have significantly increased over the few years. I believe this is due in part to the support the Grants Team and departments have received from the City Manager and City Commission. Dollars allocated to the Grants Team budget for training and resources allows for more competent staff and more competitive applications, which yields grant dollars. The Team's focus in FY2007 will continue to be on Grants Management. New Member Orientation and software updates will be added to the Quarterly Team Meetings to enhance staff efforts to obtain external funding for City projects. The City of Boynton Beach will continue to seek opportunities to stay on the cutting edge with technology and strengthen our grant management operations. Page 5 of5 <( C QJ E .c <> 2 ;;;: t o 0. 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I/) '" O'l N "< r- ~i i I ! o N 1/)_ . -;1 O'l N <O- r- ;;; ~gl ., <Il ~ ~I ., 0 00; 0:: Ul ~ ~I ~i ., <3 CIl 0:: ~- ~I II 't> CIl 'E .. ~ .. 1 ~I ~I i 01 ~-I C"), "'" "'I 1 , , 0' 0: 01 .01 U> I I 01 81 ~I --1 qi o 0_ I/) ... 't> CIl 'E .. ~ .. - ------~ -t---- I ~I ; J+- ill i il I LL 't> CIl 'E .. ~ .. to o C <Il -, I/) 9 Q; .0 o 13 o N M III 00 al 1 I "O'O><t:~ 1;;5 '~~~~~~8 5-~1i5~~~.~ ~~8~oo1j -<::a;-C:C:~2 .ECI)og"OLOC;; ~~'!!!.E'5"'c: ... ~ ~ ~ 8 8 ... c ~__ r- ~ o o 0_ I/) '" I ~-L ~~ -- ~ I 0.\ CD..: co_. :;01 gj i CD' ,.....1 N": "'I '" , i I --1__ -L- ~I c 00 c ~ 00 .... a! 0' ""I -I N, NI rl>1 --.-- Ul '" Iii ll- ~ c: .Q iii ~ u ., 0:: N '0 N ., Cl <Il ll- Requested City Commission Meeting Dates 0 December 5, 2006 0 January 2, 2007 0 January 16, 2007 0 February 13,2007 NATURE OF AGENDA ITEM VI.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Citv Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to Citv Clerk's Office November 20,2006 (Noon.) 0 December 18, 2006 (Noon) ~ March 5, 2007 January 2, 2007 (Noon) 0 March 20, 2007 January 22, 2007 0 April 3, 2007 February 12,2007 (Noon) March 5, 2007 (Noon) March 19,2007 (Noorlj:) '-J -r'l f"T1 CO City Manager's Report N o New Business 0 Announcements/Presentations 0 0 Administrative 0 ~ Consent Agenda 0 0 Code Compliance & Legal Settlements 0 0 Public Hearing 0 Legal Unfinished Business RECOMMENDATION: Assign the City's interest in the Marina Village Second Amended Mediation Agreement to the CRA. -0 ::::II: .c- O C') C-) -l =i-< --<0 iJ"'" ;"-CD ""0 ;;':,-<: ::j'~z ul-i o O:z: "'co ::!fTl n)> fTln ::t: EXPLANATION: The project has been completed and is ready to receive fmal Certificate of Occupancy. All documents requiredfor continued multi-party management of the site have been recorded and placed on file with the City along with all required easements. The remaining issue of parking space configuration between the property owners belongs more appropriately to the CRA, as:hey are now a party to the Property Owners Association If the City Commission and the other parties consent to assignment as proposed a motion will be filed to modifY the existing Court Order to conform to this agreement. PROGRAM IMP ACT: None FISCAL IMPACT: (Include Account Number where funds will come from) None ALTERNATIVES: Retain administration of the Second Amended Mediation Agreement with the City, revising parking in accordance with the agreement. Quintu Assistant to City Manager ~ Department Name Department of Development City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC IN THE CIRCUIT 'JR T OF THE 1'Jl<TEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY, CNIL ACTION CASE NO. CL 99-8505 AG DSS PROPERTIES, LTD. and DSS MANAGEMENT, INe. D/B/A TWO GEORGES RESTAURANT, Plaintiffs vs. CITY OF BOYNTON BEACH, Defendant. / SECOND AMENDED l\1EDIA TION AGREEMENT THIS SECOND AMENDED MEDIATION AGREE "Second Amended Mediation Agreement") is entered into thi and among: (hereinafter referred to as the day of 200~ by DSS Properties Ltd.(n/kJa DSS Properties, L.c., a Florida limited liability company), and DSS Management, Inc. d/b/a Two Georges Restaurant (hereinafter collectively referred to as "Two Georges"); City of Boynton Beach, Florida (hereinafter referred to as the "City"); and TRG-Boynton Beach, Ltd., a Florida limited partnership (hereinafter referred to as "TRG"); and IN CONSIDERATION of the mutual conditions and obligations hereinafter set forth, the parties hereby agree as follows: 1. Amended Mediation A2"reement Rescinded. The Amended Mediation Agreement (hereinafter the "Amended Mediation Agreement") entered into on June 12, 2000, by Two Georges, the City, and Ocean Breeze Festival Park, Inc. (hereinafter referred to as "Ocean Breeze"), TRG's predecessor-in-title, is hereby rescinded, and the rights of the parties shall be as set forth in this Second Amended Mediation Agreement; however, the following terms of the Amended Mediation Agreement shall continue: a. The City shall not object to the stand-up waiting area (no food service) located on the second floor of the Two Georges Restaurant, provided Two Georges shall be required to obtain any necessary permits from other governmental agencies having jurisdiction over the use of such area; b. The ;c:;ting Two Georges parking as refleci )n Exhibit "A-I" attached hereto may be used --- valet parking. The center aisle may bt- L..sed for valet queuing and access, but shall otherwise be kept clear. c. The City recognizes that the eXIstmg operation of the Two Georges Restaurant, marina, and associated facilities are valid, legal, grandfathered non- conforming uses. Such uses are further described and set forth in Exhibit "H" attached hereto; and d. The City recognizes that the Two Georges Restaurant (including the 2,300 square foot deck expansion heretofore constructed), the marina and associated facilities may utilize improved parking on the six lots owned by Two Georges south of Ocean Boulevard to meet the City's parking requirements. 2. Final TRG Site Plan. The final site plan for the TRG project, as approved by the City and modified to conform to the provisions of this Second Amended Mediation Agreement, is attached hereto as Exhibit "A" and shall control development of TRG's project, unless provided otherwise in this Agreement. 3. DesiS!n of Casa Lorna Boulevard and the Turnaround; Public Access. The design of Casa Loma Boulevard and turnaround area shall be as shown on Exhibit "A" and Exhibit "A-I" attached hereto, and shall be open to public access; however, appropriate signage shall be posted and maintained by the POA, as hereinafter defined, along the waterfront to prohibit fishing off the Casa Lama Overlook, which prohibition shall be enforced by the POA, as hereinafter defined. TRG, at its expense, shall modify the existing configuration of Casa Lama Boulevard and the turnaround area to conform with such design. Two Georges and TRG agree not to change the design of Casa Lorna Boulevard and the turnaround area as depicted on Exhibit "A" and Exhibit "A-I" without the consent of the other, which consent shall not be unreasonably withheld or delayed. -~- 4. Two GeorS!es ParkinS! Spaces on Casa Loma Boulevard and Grandfathered Businesses. Two Georges shall have the exclusive right to use the twenty-six (26) parking spaces located on the south side of Casa Lama Boulevard and designated on Exhibit "A-I" attached hereto as "Two Georges Spaces". Two Georges shall have the right to place appropriate signs and/or pavement markings to identify said parking spaces for its customers. Two Georges shall also have the right to enforce this provision by towing vehicles found to be in violation. The utilization of the Two Georges Spaces or any other parking spaces provided for herein by Two Georges shall not relieve Two Georges from complying with its obligations to provide additional parking spaces on the lots south of Ocean Boulevard for parking spaces for the 2,300 square foot deck expansion heretofore constructed. The parties agree that there has been a historical shortage of parking in the area along Casa Loma Boulevard. Two Georges agrees that the businesses which operate on property owned or under the control of Two Georges are as set forth on Exhibit "H" and that they are the only businesses which are considered "grand-fathered" and entitled to operate without having to provide additional on-site parking. Changes in use or expansion of the Two Georges Restaurant or the businesses listed on Exhibit "H" occurring after the date of this Agreement shall require compliance with City parking regulations in place at the time of the change in use or expansion. The tables and chairs permitted by Paragraph 7 of this Second Amended Mediation Agreement and the stand up area on the second floor of the Two Georges Restaurant shall not constitute a change in use or expansion. 2 5. Two Georgt_ l'rash Compactor. Two Georges, at it" ,;xpense, and subject to its ability to obtain the necessary permit(s) from the City, shall place its trash compactor immediately west of the two (2) handicapped parking spaces located on the south side of Casa Lorna Boulevard as shown on Exhibit "A-I" attached hereto. Two Georges, at its expense, shall obtain all required City permits and construct all necessary improvements (including a compactor enclosure consisting of 6-foot high e.B.S. walls and opaque gates) for the placement of its compactor at that location within one hundred eighty (180) days following the Effective Date. This one hundred eighty (180) day period may be extended in the event that the issuance of the permit(s) is delayed by the issuing authority, as long as Two Georges is diligently pursuing the issuance of such permit(s). The City's issuance of permits is not automatic, but is contingent on compliance with all regulatory conditions for issuance of a permit. No conditions of the City Code are impliedly waived by this provision. Two Georges shall be responsible for the maintenance of its trash compactor and enclosure. 6. TRG Parkine Spaces on Casa Loma Boulevard. TRG shall have the exclusive right to use fourteen (14) of the parking spaces located on the north side of Casa Lama Boulevard and designated on Exhibit "A-I" attached hereto as "TRG Spaces". TRG shall have the right to place appropriate signs and/or pavement markings to identify said parking spaces for its customers/residents. TRG shall also have the right to enforce this provision by towing vehicles found to be in violation. The remaining five (5) parking spaces located on the west end of the nOlih side of Casa Lorna Boulevard shall be non-exclusive parking spaces available to TRG, Two Georges, and the general public and shall be restricted to two hour parking~ 7. Cas a Lorna Overlook. TRG agrees that the new restaurant and the adjacent commercial/retail space and dockmaster's office to be constructed as part of the TRG Project will not be located within the Casa Loma Boulevard Right-of-Way. The area between the new restaurant and Two Georges Restaurant may have tables and chairs but will otherwise be kept free of obstructions and shall be designed, constructed and maintained to allow for unrestricted and free public access to the Casa Lorna Overlook; however, appropriate signage shall be posted and maintained by the POA, as hereinafter defined, along the waterfront to prohibit fishing off the Casa Lama Overlook, and such prohibition shall be enforced by the POA. Trash collection trucks cannot go east of the turnaround (except for the purpose of turning around), and any dumpsters for the new restaurant shall be a sealed container to eliminate leakage when rolled out from the service entrance for removal and shall be stored in an air conditioned room so as to reduce odors. All truck deliveries to the new restaurant service entrance shall be made prior to 11:00 AM. 8. Property Owner's Association. Prior to the Effective Date of this Second Amended Mediation Agreement, TRG shall submit to City and Two Georges for review the documents (hereinafter referred to as the "POA Documents") necessary for the establi."'-"'[)'-' r a master property owner's association (hereinafter referred to as the "POA") which, wIth the exception of those items set forth in Sub-paragraph b. of this Paragraph 8, shall have the responsibility for the maintenance of Casa Lorna Boulevard, the Casa Lorna turnaround area, and the Casa Loma Overlook as depicted on Exhibit "A" and Exhibit "A-I" attached hereto. The POA Documents shall be consistent with the terms of this Paragraph 8. a. Reciprocal Two Georges and TRG agree as follows: TRG and Two Georges shall execute the Amendment to Declaration of Easements in substantially the same form attached hereto as Exhibit "D", 3 which shall, amor '1ther things, amend Paragraph 5 0-' "' existing Declaration of Reciprocal EasemelJ. , recorded in Official Records Book 11:-..;0, Page 539 of the Public Records of Palm Beach County, Florida, to reflect the terms of this Paragraph 8; b. TRG (or the POA as TRG's successor) and Two Georges shall each be responsible for maintaining their respective sides of Casa Lama Boulevard as to landscaping, irrigation, street lighting, and trash/debris collection and removal; c. Two Georges shall not be responsible for the maintenance of the fountain (if approved by the City and constructed); the gas tanks located beneath the proposed fountain area and existing fuel pumps encroaching on the northeast corner of the Casa Lama Overlook; or that portion of the turnaround area located on TRG's property as depicted on Exhibit "A" and Exhibit "A-I" attached hereto; d. TRG (or the POA as TRG's successor) shall have the obligation to maintain Casa Lama Boulevard (including the turnaround area and Casa Lama Overlook) in good condition and repair, including the resurfacing and re-striping the pavement; the maintaining, repair and replacement of the interlocking pavers; and the posting, maintaining, repair and replacement of traffic control signage (hereinafter referred to as the "Casa Loma Boulevard Maintenance Expenses"). No later than fifteen (15) days prior to perfonning any of the maintenance referred to herein (other than emergency maintenance), TRG or the POA shall provide Two Georges with a written description and cost estimate of the proposed maintenance for its review and approval, which shall not be unreasonably withheld or delayed. Two Georges shall reimburse TRG or the PDA one- half of the Casa Loma Boulevard Maintenance Expenses as set forth in the Declaration of Reciprocal Easements, as amended by the Amendment to Declaration of Reciprocal Easements attached hereto as Exhibit "D". 9. TRG Parkin!! Gara!!e. TRG agrees to construct, as part of the TRG project, a multi-level parking garage (hereinafter referred to as the "TRG Parking Garage"). Seventy (70) of the parking spaces contained in the TRG Parking Garage (hereinafter referred to as the "70 Spaces") shall be allocated as follows: (i) 35 parking spaces shall be unassigned and available for use by the general public; and (ii) 35 parking spaces shall be assigned for the exclusive use of Two Georges (patrons only). The 70 Spaces shall be identified with appropriate signs and/or pavement markings, and Two Georges shall have the right to enforce the parking restriction relative to their 35 parking spaces by towing vehicles found to be in violation. The 70 Spaces shall be located on the ramp to the second level and the second level of the TRG Parking Garage as shown on the diagram attached hereto as Exhibit "B". In the event Two Georges is able to meet its parking requirements without having to utilize the 35 parking spaces assigned to Two Georges in the TRG Parking Garage, and Two Georges obtains the necessary authorization from the City to relocate such spaces, Two Georges shall release the 35 spaces to TRG or its successor for unrestricted public use, and the parties' obligations under Paragraph 10 below shall cease as to such spaces. TRG's obligation to construct the 70 Spaces shall be contingent upon TRG receiving minor site plan modification approval from the City within thirty (30) days following the Effective Date, and TRG and the City's Community Redevelopment Agency (hereinafter . referred to as the "CRA ") executing an agreement (hereinafter referred to as the "CRA Agreement") pursuant to which the CRA shall agree to pay to TRG the sum of One Million Fifty Thousand Dollars ($1,050,000.00) for constructing the 70 Spaces, such payment to be made in accordance with the draw schedule attached hereto as Exhibit "I" or other draw schedule 4 acceptable to TRG. The C' "\grees that the changes to TRG's pro: which are necessitated by this Second Amended Medi..."on Agreement shall be processed by L. . City as a minor site plan modification. In the event that the City does not approve the minor site plan modification or TRG and the CRA fail to enter into the CRA Agreement as provided herein, this Second Amended Mediation Agreement shall be null and void, and the Amended Mediation Agreement shall remain in full force and effect. 10. Two Geor2'es Share of TRG Parkin2' Gara2'e Maintenance Expense. Two Georges shall reimburse TRG annually for a share of the reasonable costs of operating and maintaining the TRG Parking Garage, which costs shall include, but not be limited to, costs of utilities, liability and property damage insurance (the policies for which shall name the Two Georges as an additional insured), supplies and repairs, maintenance, and life safety equipment (hereinafter referred to as the "Garage Operating Costs"). Two Georges shall not be obligated to pay property taxes for the TRG Parking Garage and shall not be responsible for any repairs to the TRG Parking Garage that are the result of structural defects. TRG hereby agrees that the TRG Parking Garage shall not now, or ever, have a guarded entry gate that would prohibit the public from parking in the 70 Spaces, and that Two Georges shall not be responsible for any portion of the costs of operating and maintaining the guarded entry gate or any other extraordinary expenses associated only with the parking amenities for the residents and/or tenants of the TRG project. Two Georges shall reimburse TRG for its share of the reasonable costs of Parking Garage Costs ("Two Georges' Share") no later than March 1 of each year following the date that the TRG Parking Garage receives a certificate of occupancy/completion. Two Georges' Share, as limited herein, shall be calculated by multiplying the total Garage Operating Costs (to be stated in an invoice and supporting documentation submitted by TRG to Two Georges not later than February 1 of the year following the year for which such reimbursement is due) by a fraction, the numerator of which is 35 and the denominator of which is the total number of parking spaces contained in the TRG Garage; provided, however, that Two Georges' Share shall not exceed $8,400.00 per year for the first two (2) years that Two Georges' Share is due, and thereafter Two Georges's Share shall not increase by more than the Consumer Price Index annual rate; and provided further that Two Georges' Share per parking space shall not exceed the amount of Garage Operating Costs assessed per parking space to condominium unit owners within the TRG project. Two Georges shall have a right of reasonable access to the books and records documenting the Parking Garage Costs in the event of any questions relative to the reasonableness thereof. 11. Drop-Off Area Construction. TRG agrees to construct the drop-off area located along the east side of Marina Drive (N.E. 6th Street) south of Casa Loma Boulevard as shown on Exhibit "A" and Exhibit "A-I" attached hereto. 12. Development Agreement Termination. Within thirty (30) days following recording of the POA Documents and commencement of construction (site preparation excluded) of the TRG Parking Garage, the City and TRG shall enter into an appropriate instrument to cancel and terminate the Development Agreement between Ocean Breeze and the City dated July 1, 1997, as amended (hereinafter referred to as the "Development Agreement"), and the City shall release the surety bond it is holding in the amount of $407,380 relating to the Development Agreement. TRG shall continue to receive the credits (hereinafter referred to as the "Econorn.jc Incentives") referred to in the letter from James A. Chero, ~=ity Attorney, to TRG dated December 30, 2002, a copy of which is attached hereto as bxhibit "C". All right, claims or benefits of Two Georges, if any, arising from the Development Agreement., are extinguished by this Agreement. 5 13. Amendm of Declaration of Reciprocal ,ements; Declaration of Restrictive Covenant; Access Easements. Ocean Breeze and Tw\..1 Georges entered into that certain Declaration of Reciprocal Easements dated July 18, 2000, and recorded at Official Records Book 11980, Page 539, Public Records of Palm Beach County, Florida (hereinafter referred to as the "Declaration of Reciprocal Easements"). Within thirty (30) days following the Effective Date of this Second Amended Mediation Agreement, TRG, as Ocean Breeze's successor-in-title, and Two Georges shall finalize and execute, and have their respective mortgagees execute, the Amendment to Declaration of Reciprocal Easements in substantially the form attached hereto as Exhibit "D"; Two Georges, TRG and City shall finalize and execute, and have Two Georges and TRG shall have their respective mortgagees execute, that certain proposed Declaration of Restrictive Covenant with the Florida Department of Environmental Protection substantially in the form attached hereto as Exhibit "E"; and TRG and Two Georges shall execute, and have TRG shall have its mortgagee execute, access easements to TRG to accommodate any construction activities on, or permanent improvements to Two Georges' property as provided in this Second Amended Mediation Agreement, such access easements being substantially in the form attached hereto as Exhibit "Fit. 14. Traffic Access Management Plan. During construction of the TRG Project, TRG agrees to implement a traffic' access management plan, a copy of which is attached hereto as Exhibit "G". The traffic access management plan addresses the manner in which TRG will keep Casa Lorna Boulevard open for public safety, public works, customer, pedestrian, and ADA access dUling construction of the TRG project. 15. Completion of TRG Project. In the event the TRG project, excluding the new restaurant shown on Exhibit "A", is not completed, as evidenced by the issuance of appropriate certificates of occupancy or completion, on or before December 31,2006, then TRG shall not be entitled to the Economic Incentives referred to in Paragraph 12 above and shall refund any such Economic Incentives which TRG or its successor has received from the City prior to that date. 16. Binding Al!reement. This Second Amended Mediation Agreement shall be binding upon and inure to the benefit of the parties, and their successors, successors-in-title, and assigns. TRG's rights and obligations hereunder may be assigned, in whole or in part, to a condominium association, homeowner's association, or property owner's association established for the TRG project. 17. Further Assurances. All parties will cooperate in good faith with each other in the implementation of this Second Amended Mediation Agreement, and Two Georges shall not object to the development of the TRG project consistent with this Amendment. 18. Effective Date. All parties agree to submit this Second Amended Mediation Agreement to the court in the instant action for approval and request the court to continue to retain jurisdiction for enforcement of this Second Amended Mediation Agreement. This Second Amended Mediation Agreement shall become effective upon the entry of an order by such court approving same (herein referred to as the "Effective Date"). 19. Attorney's Fees. All parties shall bear their own costs and attorney fees incurred in connection with the negotiation and drafting of this Second Amended Mediation Agreement. Notwithstanding the foregoing, in the event of any litigation arising out of the interpretation of this Second Amended Mediation Agreement, the prevailing party shall be entitled to recover all reasonable costs and attorney's fees incurred at any and all levels of any judicial proceedings. 6 20. City Comn..",.jion Approval. This SeconQ Amended Mediation Agreement is subject to the approval of the City Commission. If, by December 31, 2003, the CRA Agreement is not entered into by TRG and the eRA and the approval of this Second Amended Mediation Agreement is not granted by the City Commission, then this Second Amended Mediation Agreement shall be null and void. Agreed to this ~ day Of~4j , 200'i. by the undersigned parties: D.S.S. Properties, L.C., a Florida limited liability company, and D.S.S. Management, Inc., a Florida corporation, d/b/a Two Georges Restaurant By: f:~~ i~LX~ .. ~:<. -~ TRG-Boynton Beach, Ltd., a Florida limited partnership By: City of Boynton Beach, a Florida municipal corporation h~ BY' ren~rL _ 7A Y o,e itle: 1-14 y o~ I 7 ,~\~:vy, I ():r III I" '~ (J 0\ /rv '" J- "......... _- v "'rON VI.-CONSENT AGENDA ITEM J. CITY OF BOYNTON BEACE 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 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) IZl March 5,2007 February 12, 2007 (Noon) 0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19, 2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM IZl Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: To authorize Vice-Mayor Jose Rodriquez to participate and serve as the City Commissioner's representative on the Youth Violence Prevention Project Steering Committee. EXPLANATION: On February 13, 2007 the City Commission authorized accepting the implementation of the Youth Violence Prevention Project (YVPP). As part of this comprehensive strategy, a steering committee will be convened to address an array of issues and risk factors that contribute to the violence in the City of Boynton Beach. The board will be diverse and represent key policy and administrative leaders (with decision-making responsibilities) of agencies and community organizations (Le., schools, business, community leaders, faith community, city department heads, housing, health, employment, law enforcement, corrections, etc.) concerned with youth violence. The membership from the initial development team will change as this board will consist of people that can exert influence and effect change. There will be sub-committees that will develop as a result of the decisions that come out of the Steering Committee. The prestige and influence of this board will give the effort legitimacy. PROGRAM IMP ACT: None FISCAL IMPACT: (Include Account Number where funds will come from) None 'ty Commissioner's representative. City Manager's Signature Assistant to City Manager fW../ I ' 'I ~ ~\~l(;l h\~y 'vmet ~(!j( \ill 6/~ .. Department Name City Attorney / Finance S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC (f( "\ (- 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 D December 5, 2006 November 20,2006 (Noon.) D D January 2,2007 December 18, 2006 (Noon) ~ March 5, 2007 February 12,2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) D February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrati ve D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Authorize the use of$1,500 for Boynton Beach Symphony Orchestra, $3,000 for Community Caring Center and $1,000 for Dancer's Alchemy from Commission Weiland's Community Investment Funds. EXPLANATION: Commission approval is requested for allocation of the following: . $1,500 for Boynton Beach Symphony Orchestra to defer cost of performance. . $3,000 for Community Caring Center to provide food for center. · $1,000 for Dancer's Alchemy to provide funding for upcoming state competitions. Attached are the minutes indicating approval of Community Investment Funds for this organization ( 11/21/06 & 11/1/2005 City Commission Minutes). PROGRAM IMPACT: Allocation of funds will assist the above programs. FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47 ALTERNATIVES: Decline to authorize the requested use. City Manager's Signature A"ismn~~~J__ City Attorney / Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 1, 2005 Motion Vice Mayor McCray moved to postpone Item E.3. Motion seconded by Commissioner McKoy and unanimously carried. F. Return cash bond of $770.00 to Wood King Cabinets for the project known as Wood King (loft addition). G. Return cash bond of $3,300.00 to MJA Construction Corp. for the project known as Quantum Park. H. Return cash bond of $2,200.00 to Bliss Construction for the project known as Hunters Run Country Club (Phase II) 1. Return cash bond of $10,000.00 to D. R. Horton, Inc. for the project known as Parkside Village at Quantum Park. J. Authorize the Financial Service Department to reduce the Allowance for Uncollectible Accounts by $138,341.19 in Sanitation Fund, by $126,535.15 in the General Fund, by $2,777.75 in the Water & Sewer Fund and by $1,765.00 in the Boynton Beach Memorial Park Fund. Vice Mayor McCray pulled Item VI.J. for discussion. K. Return cash bond of $30,000 to Centex Homes for the project known as The Harbors (pool/cabana) L. Authorize the use of Community Investment Funds from Mayor Taylor in the amount of $500 for the Dancer's Alchemy, Inc. Motion Vice Mayor McCray moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner McKoy and unanimously carried. B.4. Approve the purchase of recap tires from Pride Enterprises on an "As Needed Basis" with an annual expenditure of $55,000.00. Commissioner McKoy inquired if the vendor in item B. 4 and B. 5 were the same. Mr. Bressner noted there was another question whether using recap tires resulted in a cost savings. However, staff has not had an opportunity to do an analysis. Mayor Taylor pointed out the backup indicated they were two separate companies. Price wise, the cost for a new tire is $296 and a recap tire is $73 that resulted in a $223 difference. Commissioner Ensler said he spoke with Mr. Bressner this morning because he had safety concerns using recap tires. He did not think that price should be the only consideration, because recap tires' warranty is probably different from a warranty for new tires. Further, what 18 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: March 2, 2007 Requested by Mayor/Commissioner: Commissioner Weiland Amount Requested: $1,000.00 Recipient/Payee: Dancer's Alchemy, Inc. Description of project, program, or activity to be funded: Funds are to be used to provide funding to Dancer's Alchemy, Inc. for upcoming state competitions. Dated:3)~J()'/ By: rChr- W~ 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 $15,000. $0.00 has been used to date by the requesting Member, leaving a balance of available funds of $15,000. This request would bring the available amount down to $14,000. Accordingly: )( There are funds available as requested o There are insufficient funds available as Dated: . ~ ~.1 0 7 I t By: Part 111- Eligibility Evaluation (to be completed by City Manager) o The proposed expenditure of funds will not result in improvement to private property; o The recipient/payee provides services within 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 o Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated BY~4~ . ity Manager /I S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc The Dancer's Alchemy, Inc. A non-profft OtfIMIDtIon promoting the A1t of Dance In the community 140 North Cong..... Avenue Boynton 8Mch, R. 33426 561.736.9097 Dear Business Owner I Personal Friend, well as attend dance classes to perfect their art and serve the community on average of 50 - 70 hours per season. These young dancers will make a positive Impact on the lives of many and will also learn life long lessons that cannot be taught In a dassroom. Your donation will be . tax deductible and will - CIRJ In finanCing COStuming, --....... transportation, education and workshops for this season of performances. The Dancer's Alchemy Is an organization comprised of diverse professionals and youth, united to raise funds for the development of community based programs. Vtllizing the performing art and education of dance as a tool, company members promote the many attributes the art form has to offer all people, not only artistically and visually, but intellecbJally and physically as well. Our goal is to make our community more aware of the Arts and the huge impact the Arts have on developing successful, well rounded, young individuals. The dancers that represent our programs contribute to the education of others through their entertainment and demonstrations, in hopes of producing liFe-time supporters of the Arts, or inspiring people to study dance as a recreation, creative outlet or serious career goal. sOtAthe-rYll Strut V€U\.Cet T eamt ArtI'4t(.ooV~: Mi.cMeLM~ The Southern Strut Dance Team is comprised of dancers ages 9 - 18, which the Dancer's Alchemy Inc. will support with the help of donations from area businesses, people and corporations interested in supporting the Arts and recognizing the merit of young people giving back to the community . In return for your generosity, your name or your business name will appear In the programs given at all public appearances, as a sponsor of the Southern Strut Dance Team and supporter of The Dancer's Alchemy, Inc. The performers of these groups will be required to keep high grade pOint averages In school as Division of Corporations Page 1 of2 Florida Non Profit THE DANCER'S ALCHEMY, INC. PRINCIPAL ADDRESS 140 NORTH CONGRESS AVE #8B BOYNTON BEACH FL 33426 MAILING ADDRESS 140 NORTH CONGRESS AVE #8B BOYNTON BEACH FL 33426 Document Number N02000005837 FEI Number 161620182 Date Filed 08/01/2002 State FL Status ACTIVE Effective Date NONE egIs ere .gen I Name & Address I GREENL Y, PENNI 140 NORTH CONGRESS AVE. #8B BOYNTON BEACH FL 33426 I Name Changed: 02/13/2003 I I Address Changed: 02/] 3/2003 I R .t dA t I Name & Address II Title I GREENL Y, PENN] 8 140 NORTH CONGRESS AVE #8B BOYNTON BEACH FL 33426 LEWIN, JEANN]E D 140 N CONGRESS AVE 8B BOYNTON BEACH FL 33426 MOTE, ADRIANA 8 140 NORTH CONGRESS AVE #8B BOYNTON BEACH FL 33426 I II I Officer/Director Detail file:/ /C: \Documents%20and%20Settings\costelloj. CITY\Local %20Settings\ T emporary%20I... 3/2/2007 Division of Corporations Page 2 of2 BOYNTON BEACH FL 33426 DEISER, KRISTEN 140 N CONGRESS AVE 8B L:J D D COMAS. LAURA 140 NORTH CONGRESS AVE #8B BOYNTON BEACH FL 33426 MORSE. MICHAEL 140 NORTH CONGRESS AVE #8B BOYNTON BEACH FL 33426 ~~.~_.-1 A IR rt nnua epo s I Report Year II Filed Date I I 2005 II 04/25/2005 I I 2006 II 03/13/2006 I I 2007 II 01/04/2007 I No Events No Name History Information Document Images Listed below are the images available for this filing. 01/04/2007 -- ANNUAL REPORT 03/13/2006 -- ANN REPIUNIFORM BUS REP 04/25/2005 -- ANN REPIUNIFORM BUS REP 04/01/2004 -- ANN REPIUNIFORM BUS REP 02/13/2003 -- COR - ANN REPIUNIFORM BUS REP 08/01/2002 -- Domestic Non-Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT file:/ /C :\Documents%20and%20Settings\costelloj. CITY\Local%20Settings\ Temporary%20I... 3/2/2007 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: March 2, 2007 Requested by Mayor/Commissioner: Commissioner Weiland Amount Requested: $1,500.00 Recipient/Payee: Boynton Beach Symphony Orchestra Description of project, program, or activity to be funded: Monetary donation to defer cost of performance. Dated: -3/J. Ja r'J By:~ u.dJl 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 $15,000. $4,000 has been used to date by the requesting Member, leaving a balance of available funds of $11 ,000. This request would bring the available amount down to $9,500. Accordingly: '" There are funds available as requested o There are insufficient funds available as Dated: d~ I () 7 / { By: Part 111- Eligibility Evaluation (to be completed by City Manager) o The proposed expenditure of funds will not result in improvement to private property; o The recipient/payee provides services within 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 o Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. BY:iIfr' ~~ y anager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM 06.doc Dated: REVISED05- EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: March 2, 2007 Requested by Mayor/Commissioner: Commissioner Weiland Amount Requested: $3,000.00 Recipient/Payee: Community Caring Center Description of project, program, or activity to be funded: Funds are to be used to provide food for the Community Caring Center. Dated: ,3J~Jor; By: r~ C-v}~ 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 $15,000. $1,000 has been used to date by the requesting Member, leaving a balance of available funds of $14,000. This request would bring the available amount down to $11,000. Accordinglr A There are funds available as requested o There are insufficient funds available as r Dated: d~/o, I ( By: Part 111- Eligibility Evaluation (to be completed by City Manager) o The proposed expenditure of funds will not result in improvement to private property; o The recipient/payee provides services within 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 o Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. By 11# ;hLz~ ty Manager Dated: S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc VIII.-PUBLIC HEARING 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 D December 5, 2006 November 20, 2006 (Noon.) D D January 2, 2007 December 18, 2006 (Noon) [g] D January 16, 2007 January 2, 2007 (Noon) D D February 6, 2007 January 16,2007 (Noon) D Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office o -..J February 5, 2007 (Noon)-T1 jI'l 0' February 20, 2007 (Noon)\ -..J March 20, 2007 March 5, 2007 (Noon) :po :x '2 :=-> ,::> -1 :::j-< -<0 ..J ..., :1:0 ;1l C> AJ-< :c~% u)-1 C> o:z: ""cc ~l"T'I (""))> f'T1('") ::I: February 13,2007 March 5, 2007 April 3, 2007 March 19, 2007 (Noon) NATURE OF AGENDA ITEM D D D D [g] Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing D D [g] D D U1 City Manager's Report New Business Legal Unfinished Business RECOMMENDATION: Please place this request on the March 5, 2007 City Commission Agenda under Public Hearing and Legal, Ordinance-First Reading. The Planning and Development Board on January 23,2007, and the Community Redevelopment Agency Board on February 6, 2007, recommended that this request be approved. Staff also recommends that this request be approved, for compliance with State requirements described in 9163.3180(16), F.S. For additional information, please see attached staff memorandum and the draft ordinance. EXPLANATION: This item is referred to as the Proportionate Fair-Share Mitigation Program (CDRV 07-001), which amends the Land Development Regulations, Chapter 1.5, "Planning and Development Generally", by adding Article VIII, "Proportionate Fair-Share Mitigation of Transportation Impact", to allow for proportionate share contributions from developers toward traffic concurrency requirements by contributing their share of the cost of improving the impacted transportation facility. The ordinance also amends Sections 6, 8, and 9 of Article VI, "Concurrency Requirement", to establish a system to monitor level of service on local roads. In 2005, the Florida State Legislature adopted amendments to the state growth management program which directed all local governments to adopt a methodology for assessing proportionate fair-share mitigation options. The methodology contained in the proposed ordinance was subsequently developed by the Florida Department of Transportation and allows for calculation of the proportionate fair-share mitigation, which can include private funds, contributions of land, and construction and contribution of facilities. A local government may not require a developers to pay more than the proportionate fair-share contribution. Moreover, the Proportionate Fair-Share Mitigation Program is only applicable if transportation facilities or facility segments identified as mitigation for traffic impacts are specifically identified for funding in the 5-year schedule of capital improvements in the capital improvements element of the Comprehensive Plan. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: kg"", Signature Assistant to City Manager C/JJI-/ Devel ~ --- -~~ ./ Planning and ZOning~irector City Attorney / Finance S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-001 Proportional Fairshare Mitigation\Agenda Item Request December 5,2006 - April 3,2007.doc S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC (Fr. "'\- DEPARTMENT OF DEVELOPMENT Planning & Zoning Division Memorandum No. PZ 07- 004 FROM: Chair and Members Planning and Development Board Community Redevelopment Agency Board and Mayor and City Commission Hanna Matr~ Economic Planner TO: THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: January 17, 2007 SUBJECT: Proportionate Fair-Share Mitigation Program Concurrency was established as the backbone to the Florida's growth management system. The purpose of concurrency management is to ensure that the necessary public facilities and services are available concurrent with the impacts of development. Transportation concurrency is based on the level of service standards for roadway facilities, which are defined in the City's Comprehensive Plan. The level of service standards in the Comprehensive Plan apply to all roadways within the City limits. However, it is Palm Beach County that has countywide responsibility for transportation concurrency management through its Charter. This concurrency management system is defined by the County's Traffic Performance Standards Ordinance. The ordinance does not apply to "local" roads - roads within the City that are not the responsibility of Palm Beach County or the Florida Department of Transportation (FDOT). Currently, there is no system in place to monitor level of service on local roads. The 2005 amendments to the Florida's growth management legislation directed local governments to enact concurrency management ordinances that allow for "proportionate share" contributions from developers toward concurrency requirements. The intent of the proportionate fair-share option is to provide applicants for development an opportunity to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their share of the cost of improving the impacted transportation facility. The deadline for enactment of the ordinance was December 1, 2006. At the beginning of 2006 the City contacted the Florida Department of Community Affairs (DCA) with the request for review of the need for a proportionate fair-share mitigation program for municipal governments operating under the Palm Beach County's Traffic Performance Standards Ordinance. Initially, both City and County staff considered the municipal- level ordinance unnecessary; however, DCA disagreed and it was not until November 2006 that the State confirmed its position that the City is subject to the program as required by g163.3180(16), F.S.. The enactment of the proportionate fair-share program for the City requires establishment of the transportation concurrency review for local roadway facilities. Therefore, the relevant sections of the City's concurrency ordinance need to be amended to include local road concurrency review. The City's proportionate fair-share program will apply only to these facilities; roadways which are under the jurisdiction of Palm Beach County or FDOT will operate under a similar program enacted by the County. The draft ordinance is based on the template developed for DCA by the Florida Department of Transportation. 1 ORDINANCE NO. 07 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING CHAPTER 1.5, ARTICLE VI OF THE CITY'S LAND 5 DEVELOPMENT REGULATIONS, ENTITLED "CONCURRENCY 6 REQUIREMENTS"; AMENDING SECTION 6, ENTITLED "PUBLIC 7 FACILITIES SHALL BE AVAILABLE FOR DEVELOPMENT 8 PROJECTS CONSISTENT WITH ADOPTED LEVELS OF SERVICE"; 9 AMENDING SECTION 8, ENTITLED "ARTICLES OF 10 ADMINISTRATION"; AMENDING SECTION 9, ENTITLED 11 "PROCEDURES FOR CERTIFICATION OR CONDITIONAL 12 CERTIFICATION OF CONCURRENCY"; PROVIDING AUTHORITY 13 TO REVIEW CONCURRENCY STANDARDS; CREATING ARTICLE 14 VIII, TO PROVIDE FOR THE ENACTMENT OF A PROPORTIONATE 15 FAIR-SHARE MITIGATION ORDINANCE; PROVIDING FOR 16 CODIFICATION, CONFLICTS, SEVERABILITY AND PROVIDING 17 FOR AN EFFECTIVE DATE. 18 19 WHEREAS, Palm Beach County is responsible for maintaining the concurrency 20 standards on county and state roads located within the City of Boynton Beach (hereinafter 21 referred to as the "City"); and 22 WHEREAS, the City Commission deems it to be in the best interests of the citizens 23 and residents of the City for the City's administrative staff to maintain concurrency 24 standards on the City roads located within its jurisdiction; and 25 WHEREAS, the 2005 Florida State Legislature adopted amendments to the state 26 growth management program which directed local governments to comply with a 27 requirement that "proportionate share contributions" be accepted from developers in 28 satisfaction of statewide transportation concurrency requirements; and 29 WHEREAS, pursuant to Section 163.3180, Florida Statutes, the City is required to 30 enact an ordinance to provide that the City accept proportionate share contributions from CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 1 of 11 S:\CA \Ordinances\2007 (Prop Share Ordinance) ] -19-07.doc I 1 developers in order to satisfy statewide transportation concurrency requirements; and 2 WHEREAS, the City Commission deems it to be in the best interests of the health, 3 safety and welfare of the citizens and residents of the City to create Article VIII in Chapter 4 1.5 of the City's Land Development Regulations as provided herein. 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 6 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 7 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and 8 confirmed as being true and correct, and are hereby incorporated herein and made a part 9 hereof. 10 Section 6 of Article VI of the City of Boynton Beach land Section 2. 11 Development Regulations, entitled "Public facilities shall be available for development 12 projects consistent with adopted levels of service", is hereby amended as follows: 13 Section. 6. Public facilities shall be available for development 14 consistent with adopted levels of service 15 proj ects 16 17 18 19 20 21 22 23 24 25 C. For roads that are the responsibility of Palm Beach County or the Florida Department of Transportation (FDOT), the requirements set forth in subsection (a) above shall be satisfied if the development order or permit complies with the Palm Beach County Traffic Performances Standards Ordinance. In the event that the Palm Beach County Traffic Performance Standards Ordinance is repealed, the conditions which apply shall be those which were set forth in the most recent Palm Beach County Traffic Performance Standards Ordinance which was in effect in the City, except that any levels of service for particular roadway links which are adopted in the city's comprehensive plan shall apply to those links. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 2 of 11 S :\CA \Ordinances\2007 (Prop Share Ordinance) 1-19-07.doc 20 21 22 " 23 24 25 26 27 28 29 30 31 32 33 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 D. For a roadway facility that is not the responsibility of Palm Beach County or the Florida Department of Transportation (FDOT) and which is subiect to the Proportionate Fair-Share Agreement pursuant to Chapter 1.5, Article VIII of the City's Land Development Regulations, the timing of improvements set as a condition of development approval is determined bv the five-year capital improvement schedule in the Capital Improvement Element of the Comprehensive Plan, or otherwise established by said Agreement. I*.J:1 In determining whether public facilities are available consistent with the requirements of this section and Section 5, the demand for such public facilities which would be created by other development orders and pennits which are exempt, or for which certification of concurrency or conditional certification of concurrency has been issued shall be taken into account. 15 Section 3. Section 8 of Article VI of the City of Boynton Beach Land 16 Development Regulations, entitled "Articles of Administration", is hereby amended as 17 follows: 18 19 Section 8. Articles of Administration F. The City Engineer shall review all applications for development orders and permits for compliance with the requirements of Section 5, for the purpose of determining whether the adopted levels of service for roadways within the City which are not the responsibility of Palm Beach County or the Florida Department of transportation would be maintained. Section 4. Section 9 of Article VI of the City of Boynton Beach Land Development Regulations, entitled "Procedures for certification or conditional certification of concurrency", is hereby amended as follows: Section. 9 Procedures for certification or conditional certification of concurrency C. Review to determine adequacy of public facilities. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 3 of 11 S:ICAIOrdinances\2007 (Prop Share Ordinance) 1-19-07.doc 1 2 2. Rules of general applicability. 3 4 5 d. Categories of development orders and permits for which concurrency may be certified or conditionally certified. 6 7 8 9 10 11 12 13 Roads. Certification of concurrency or conditional certification for road facilities shall be issued only for "A" category development orders and permits. as defined in Section 4. Section 5. Chapter 1.5, Article VIII of the City of Boynton Beach Land 14 Development Code, entitled "Proportionate fair-share mitigation of transportation impact", 15 is hereby created as follows: 16 Article VIII. Proportionate Fair Share Mitigation of Transportation Impact 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 1. Purpose and Intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors. to be known as the Proportionate Fair-Share Program. as required by and in a manner consistent with &163.3180(6). F.S.. as amended from time to time. Section 2. Applicability. The Proportionate Fair-Share Program shall apply to all developments that fail to meet the standards of this division on a roadway within the City that is not the responsibility of Palm Beach County or the Florida Department of Transportation (FDOT). The Proportionate Fair-Share Program does not apply to Developments of Regional Impact (DRIs) using proportionate fair-share under &163.3180(2). F.S.. proiects exempted from this division. or for proiects that received traffic concurrency approval prior to January 1. 2007. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 4 of 11 S :ICA IOrdinancesl2007 (Prop Share Ordinance) 1-19-07.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 Section 3. General Requirements. An applicant may choose to satisfy the transportation concurrency requirements by making a proportionate fair-share contribution. so long as each of the following requirements are met: 1. The proposed development is consistent comprehensive plan and applicable land regulations. with the development 2. The road improvement necessary to maintain the LOS for transportation is identified in the five-year schedule of capital improvements in the Capital Improvement Element of the Comprehensive Plan. 3. Any improvement proiect proposed to meet the developer's fair-share obligation shall meet the City's design standards for locally maintained roadways. 4. Intergovernmental Coordination Pursuant to policies in the Intergovernmental Coordination Element of the Comprehensive Plan. the City shall coordinate with Palm Beach County and other affected iurisdictions such as FDOT. regarding mitigation to impacted facilities not under the iurisdiction of the local government receiving the application for proportionate fair-share mitigation. Section 4. Application Process 1. In the event of a lack of capacity. the applicant shall have the opportunity to satisfy transportation concurrency requirements through the Proportionate Fair-Share Program subiect to the requirements of subsection (b). 2. Prior to the submittal of an application. eligible applicants shall schedule a pre-application meeting with City staff. Subsequent to the pre-application meeting. eligible applicants shall submit a completed development application and all documentation requested by the City. If the impacted facility is on the Strategic Intermodal System (SIS). then FDOT will be notified and invited to participate in the pre-application meeting. The City shall also have the option of notifying and inviting Palm Beach County. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 5 of 11 S :ICA \Ordinances\2007 (Prop Share Ordinance) 1-19-07 .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 CODING: 3. City staff shall review the application and certify that the application is sufficient and complete within 14 working days. If an application is determined to be insufficient. incomplete or inconsistent with the general requirements of the Proportionate Fair-Share Program as indicated in subsection (b). then the applicant will be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification. then the application will be deemed withdrawn and all fees forfeited to the City. unless the City determines that the applicant is working toward a remedy of the stated deficiencies in good faith. in which case the City may extend the deadline as deemed appropriate by the City. 4. Pursuant to &163.3l80(6)(e). F.S.. as amended from time to time. proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement. 5. When an application is deemed sufficient and complete in accordance with subparagraph 3. above. the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement prepared by the City shall be executed by the applicant and delivered to the appropriate parties for review. including a coPy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility. no later than 60 days from the date at which the applicant received the notification of a sufficient and complete application. If the agreement is not received by the City within these 60 days. then the application will be deemed withdrawn and all fees forfeited to the City. unless the City determines that the applicant is working toward a remedy of the stated deficiencies in good faith. in which case the City may extend the deadline as deemed appropriate by the City. 6. No proportionate fair-share agreement will be effective until approved by the City through an administrative approval. Section 5. Determining Proportionate Fair-Share Obligation Words in strike through type are deletions from existing law; Words in underlined type are additions. S:ICAIOrdinances\2007 (Prop Share Ordinance) 1-19-07.doc Page 6 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 CODING: 1. Proportionate fair-share mitIgation for transportation concurrency impacts may include. without limitation. separately or collectively. private funds. contributions of land. and construction and contribution of facilities. 2. A development eligible for participation under the Proportionate Fair-Share Program shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation. 3. The methodology used to calculate a development's proportionate fair-share obligation shall be as provided for in 9163.3180(2). F.S.. as follows: The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS. multiplied by the construction cost. at the time of developer payment. of the improvement necessary to maintain the adopted LOS. Mathematically stated as: Proportionate Fair-Share E rr(Development TripSi)/(SV IncreaseD] x Costil Where: Development Tripsj = Those peak hour trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the City's concurrency management system; SV Increasej = Peak hour service volume increase provided by the eligible improvement to roadway segment "i" per subsection (b); Costj = Adiusted cost of the improvement to segment Hi". Cost shall include all improvements and associated costs. such as design. right-of-way acquisition. planning. engineering review, inspection. administration. and physical development costs directly associated with construction at the anticipated cost, including contingencies. in the year it will be incurred. Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 7 of 11 S:\CA\OrdinancesI2007 (Prop Share Ordinance) 1-19-07 doc 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 1 2 3 4 5 6 7 8 9 10 11 CODING: 4. For the purposes of determining proportionate fair-share obligations. the City Engineer shall determine improvement costs based upon the actual and/or anticipated cost of the improvement in the year that construction will occur. 5. If an improvement is proposed by the applicant. then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and approved by the City Engineer or by some other method approved by the City Engineer. Section 6. Impact Fee Credit for Proportionate Fair-Share Mitigation 1. Proportionate fair-share contributions shall be applied as a credit against road impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by road impact fees which may hereafter be established by the City. 2. The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed proiect. As a result. any road impact fee credit based upon proportionate fair-share contributions for a proposed proiect cannot be transferred to any other proiect. Section 7. Proportionate Fair-Share Agreements Upon execution of a proportionate fair-share agreement eement" the a licant shall receive a certification of concurrency reservation for capital road facilities. Should the applicant fail to apply for a development permit within 12 months. then the Agreement shall be considered null and void. and the applicant shall be required to reapply. unless the Cit)T and the applicant mutually agree to an extension. 2. Payment of the proportionate fair-share contribution is due in full no later than issuance of the first building permit. and shall be non-refundable. If the payment is submitted more than 90 days from the date of execution of the Agreement. then the proportionate fair-share cost shall be recalculated at the Words in strike through type are deletions from existing law; Words in underlined type are additions. S:ICAIOrdinances\2007 (Prop Share Ordinance) 1-19-07.doc Page 8 of 11 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 8. CODING: time of payment. pursuant to subsection (e) and adiusted accordingly. 3. In the event an Agreement requires the applicant to pay or build 100 percent of one or more road improvements. all such improvements shall be commenced prior to issuance of a building permit and assured by a binding agreement that is accompanied by a Performance Security. as determined by the City. which is sufficient to ensure the completion of all required improvements. 4. Dedication of necessary rights-of-way for facility improvements pursuant to a proportionate fair-share agreement shall be completed prior to issuance of the first building permit. 5. Any requested change to a development subsequent to the issuance of a development order may be subiect to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require additional mitigation. 6. Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs paid to the City will be non- refundable. Appropriation of Fair-Share Revenues 1. Proportionate fair-share revenues shall be placed in the appropriate proiect account for funding of scheduled improvements in the CIE. or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the 50 percent local match for funding under the FDOT TRIP. or any other matching requirement for State and Federal grant programs as may be allowed by law. 2. In the event a scheduled facility improvement is removed from the CIE. then the revenues collected for its construction may be applied toward the construction of another Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 9 of 11 S:ICA \Ordinances\2007 (Prop Sharc Ordinance) 1-1 9-07.doc 1 2 3 improvement within the City that would mitigate the impacts of development pursuant to the requirements of subsection (b). 4 Section 6. It is the intention of the City Commission of the City of Boynton 5 Beach, Florida that the provisions of this ordinance shall become and be made a part of the 6 City of Boynton Beach Land Development Regulations. The sections of this ordinance may 7 be re-numbered or re-Iettered and the word "ordinance" may be changed to "section," 8 "article," or such other appropriate word or phrase in order to accomplish such intentions. 9 Section 7. All Ordinances or parts of Ordinances, Resolutions or parts of 10 Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such 11 conflict. 12 Section 8. If any clause, section, or other part or application of this Ordinance shall 13 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 14 unconstitutional or invalid part or application shall be considered as eliminated and so not 15 affecting the validity of the remaining portions or applications remaining in full force and 16 effect. 17 Section 9. This Ordinance shall become effective immediately upon its passage 18 and adoption. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 10 of 11 S:ICAIOrdinances\2007 (Prop Share Ordinance) 1-19-07.doc FIRST READING, this _ day of March, 2007. SECOND, FINAL READING AND PASSAGE, this ,2007. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTEST: 24 25 26 27 Janet Prainito, City Clerk 28 29 30 31 (CORPORATE SEAL) 32 day of CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 11 of 11 S:\CA\Ordinances\2007 (Prop Share Ordinance) 1-19-07 doc Meeting Minutes Planning and Development Boynton Beach, Florida January 23, 2007 5. Communications and Announcements Mike Rumpf, Planning and Zoning Director, explained the City Clerk had requested a correction to the minutes as contained on the agenda. The correction was not indicated in the approval of the minutes. Motion Mr. Cwynar moved to reconsider the approval of the minutes. Mr. Saberson seconded the motion that unanimously passed. Motion Mr. Cwynar moved to approve the minutes as corrected. Mr. Saberson seconded the motion that unanimously passed. Mr. Rumpf provided an update and announced the City Commission approved the Evaluation and Appraisal Report (EAR) and Resolution 06-204. The revised EAR was sent to the State for final review. The Pylon Interstate Plaza variance for a reduction in parking spaces was approved, High Ridge New Urban PUD site plan time extension was approved, and the Miraflor Annexation, Land Use Amendment and Rezoning, and New Site Plan were approved on second reading. Mr. Rumpf indicated members of other boards have requested the City Clerk provide the minutes to the members via email. He requested anyone wishing to receive them electronically should let him know or contact the City Clerk's office. A joint workshop was being scheduled for January 3D, 2007 regarding Workforce Housing for the City at 6:30 p.m. at the Library regarding Workforce Housing for the City. Staff had drafted an ordinance to implement the program. Chair Wische announced he had a request from Hanna Matras, Economic Planner to hear item G first. There were no objections from the board. (Heard out of order) G. Code Review 1. Project: Proportionate fair-share mitigation program (CDRV 07-001) City-initiated as per 163.3180(16), Florida Statutes. Amendment of Land Development Regulations, Chapter 1.5, Article VI. Concurrency Requirements, to comply with new growth management legislation directing local governments to adopt a methodology for assessing proportionate fair-share contributions from developers to meet traffic concurrency requirements for local roads. Agent: Description: 2 Meeting Minutes Planning and Development Boynton Beach, Florida January 23, 2007 Hanna Matras, Economic Planner, advised the board the State was requiring all local governments in Florida have a program for traffic concurrency. They missed the December 1, 2006 deadline because the Department of Community Affairs (DCA) was not clear whether the City would fall under the purview of the County, who was in charge of traffic concurrency programs. This item would add Article 8 to Chapter 1.5 and amended Concurrency Requirements, Chapter 6. The program provided a methodology for developers, when they added road capacity over the adopted Level of Service (LOS) to pay its share towards improvements of the impacted facilities. The Ordinance was drafted by the Department of Transportation at the request of DCA, and contained all the State requirements. Ms. Matras explained the formula was complex and was contained in the Ordinance. When trips generated by new development cause the road to exceed the adopted LOS, the developer will contribute towards their improvements if those facilities were going to be improved by the City and were contained within the City's Five-Year Capital Improvement Plan. At this juncture, there are no capital improvements for local roads; only repaving is required. In the future when capital improvements fall within the City's jurisdiction, the program could be used. For the present moment, the City has to have the program because the State requires it. Ms. Matras recommended the board approve the amendment. Mr. Cwynar asked what Level of Service was being used. Ms. Matras responded they were looking at Level of Service "0", which is contained in the adopted Comprehensive Plan and in the Code. Motion Ms. Jaskiewicz moved to approve the amendment. Mr. Saberson seconded the motion that passed 6-1 (Mr. Cwynar dissenting). 6. Unfinished Business: A. Cortina at Boynton Village Site Plan Extension Description: Cortina at Boynton Village (SPTE 06-012) Stephen B. Liller, K. Hovanian Homes Hovstone Properties Florida, LLC Boynton Village, northeast corner of Old Boynton Road and Congress Avenue. Request for a one year site plan time extension for site plan approval granted on September 20, 2005, from September 20, 2006 to September 20, 2007 1. Project: Agent: Owner: Location: 3 err XI. - NEW BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20, 2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) ~ March 5, 2007 February 12,2007 (Noon) 0 January 16,2007 January 2,2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative ~ New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Accept the presentation made to the commission at Pre-Agenda on March 2nd regarding the environmental study at the golf course and the adjacent landfill to be overseen by The Florida Department of Environmental Protection (FDEP). EXPLANATION: The golf course site and landfill are being evaluated to determine the possible uses of these areas. Mr. Joe McGarrity, Environmental Specialist 3 of the Waste Management Section of FDEP will be here on Thursday, March 1st to visit the golf course and landfill. This visit pertains to the DEP Grant from the Brownfield Program. He will provide a brochure to the commission and explain what his department does and the process for this project. Mr. McGarrity will be accompanied by Mr. Joe Ourix, a Lakes Program Administrator and a Brownfield Coordinator will also be with him. PROGRAM IMPACT: The recommendations by the FDEP following their evaluations will determine if the land associated with the golf course and landfill can be used in alternative ways. FISCAL IMPACT: ALTERNATIVES: Not to allow the presentation. ~ City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC Florida.s Brownfields Site Specific Activity Program .\hout the Program Florida's Site Specific Activity (SSA) Program was established to assist eligible applicants in evaluat- ing and cleaning up contamination at potential Brownfield sites. Site specific activities are in- tended to supplement and support other redevelop- ment efforts initiated by EPA and Florida's Brown- fields Redevelopment Programs. FDEP's SSAs are funded by EPA under CERCLA Section 128 (a) grant program. Uigihilit~ Eligible applicants include local governments, re- gional planning councils, redevelopment agencies, non-profit organizations, individuals affected by a release or threat of a release of hazardous sub- stances, government entities and prospective pur- chasers or private property owners. \rti\ it~ I ~ pl.... DEP provides successful applicants environmental services through Department contractors. Typically, the following types of SSAs are completed: Phase I Assessments Phase II Assessments Limited Source Removals Contamination Assessments Risk Assessments Feasibility Studies { nil t.ll I . Joseph McGarritty, SSA Program Coordinator Joseph. McGarrity@dep.state.fl.us (850)245-8979 Teresa Booeshaghi, Assistant Program Coordinator Teresa. Booeshaqhi@dep.state.fl.us (850) 245-8989 Kim Walker, Florida Brownfields Liaison Kim. Walker@dep.state.fl.us (850) 245-8934 SSA applications and additional program information can be ob- tained by visiting our website at: http://www.dep.state.fl.us/waste/cateqories/brownfields/default.htm FLORIDA BROWNFIELDS REDEVELOPMENT PROGRAM TRANSFORMING COMMUNITIES Brownfield site means real property, the expansion, redevelopment or reuse of which may be complicated by actual or perceived environmental contamination. 376.79(3), F.S. Brownfield area means a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which has been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental Protection Agency-designated brownfield pilot projects. 376.79(4), F.S. Brownfields Program Process BROWNFIELD AREA DESIGNATION By Local Government . IDENTIFICATION OF RESPONSIBLE PERSON -~. EXECUTION OF CLEANUP AGREEMENT --I IMPLEMENTATION OF CONTAMINATED SITE CLEANUP -. "NFA" LETTER FROM DEP BROWNFIELD PROGRAM TERMS Responsible Person-Person Re- sponsible for Brownfield Site Reha- bilitation or PRFBSR Agreement-Brownfield Site Reha- ilitation Agreement or BSRA NFA-No Further Action (Le., Site Rehabilitation Completion Order or SRCO) BROWNFIELDS PROGRAM BENEFITS Brownfield Area Designation . Bonus refund for job creation-up to $2,500 per job . Loan guarantees for primary lenders . Up to 50% on all sites . Up to 75% when end use is affordable housing . Sales tax credit on building materials . Brownfield area benefits administered by Enterprise Florida, Inc. Brownfield Site Rehabilitation Agreement . All benefits of Brownfield Area . Regulatory framework for cleanup (Chapter 62-785, F.A.C.) . Dedicated staff-expedited technical review . Liability protection . Tax credits . Florida corporate income tax . Credits may be transferred one time . Brownfield Site Rehabilitation Agreement benefits administered by DEP Summary of Available Tax Creclits Tax Credit Type {I.u; IIC3tl:]I' f../1 -:11 ;~lLlfl1 !~ -Ji' t:: C JS,:o 111:::11; ed ",fIer FfeOLle'ncy > r~) )(3 Site Rehabilitation Annually 50% $500,000 No Further Action Once 25% $500,000 (Le. 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The City requested: o Environmental assessment of the golf course and the former landfill properties; and o Feasibility study and risk assessment (if necessary) to identify corrective action options associated with future land use considerations. . Relocate golf course to landfill property and redevelop golf course to construct attainable housing units; or · Redevelop landfill for recreational and open space uses; or · Keep land use "as is" until permit expires in 20 12 . October 06: SSA approved by DEP, project completion during FY07 budget period. o Project budget limited to $100,00; provided "as needed"; and o DEP environmental consultant, Tetra Tech NUS, Inc., will complete work; and o Environmental assessment and Feasibility Study based on State Brownfield Program Cleanup criteria. · Chapter 62-785 F .S.; Risk Based Corrective Action Criteria Projected Schedule . March 07 o Conduct site reconnaissance and develop Contamination Assessment Plan (CAP) . April-May 07 o Finalize CAP; conduct environmental sampling . June-July 07 o Prepare Contamination Assessment Report (CAR) o Identify gaps and collect supplemental assessment data, if necessary . August-September 07 o Finalize Supplemental Contamination Assessment o Initiate Feasibility Study-Pending available funding Project Contacts . Joseph McGarrity, SSA Program Coordinator DEP Bureau of Waste Cleanup 850/245-8979 i oseph.mcgarrity@dep.state.fl.us . Art Torvela, Brownfields Coordinator DEP Southeast District 561/681-6676 art. torvela@dep.state.fl.us . Teresa Booeshaghi, Assistant SSA Program Coordinator DEP Bureau of Waste Cleanup 850/245-8989 teresa. booeshaghi@dep.state.fl.us . Gerald Walker, Professional Geologist Tetra Tech NUS Inc. 850//385-9866 ext. 26 gerry. walker@ttnus.com BrownfieldlWaste Cleanup Program Contacts . Joe Lurix, Program Administrator DEP Southeast District 561/681-6672 j oe.1 urix@dep.state.fl.us . Kim Walker, DEP Brownfield Liaison Bureau of Waste Cleanup 850/245-8934 kim. walker@dep.state.fl.us Mike Norman, Brownfields Coordinator U.S. Environmental Protection Agency Region 4 404/562-8972 norman.michael@epamail.epa.gov XI. - NEW BUSINESS ITEM B. 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 C itv Clerk's Office 0 December 5, 2006 November 20, 2006 (Noon,) 0 0 January 2, 2007 December 18, 2006 (Noon) [gJ March 5, 2007 February 12,2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative [gJ New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Accept City Manager's status report on the negotiations between the City of Boynton Beach, the Community Redevelopment Agency (CRA) and Intown Partners, LLC (Developer) regarding the Hear of Boynton Community Redevelopment of Martin Luther King Corridor Project. EXPLANA TlON: The negotiation session was held on February 16,2007 in City Hall and was open to the public. The discussions can be characterized as productive. The developer will be forwarding a series of information requests on infrastructure, parking demand and building mix data. This information is essential if the City is to provide an accurate assessment of costs. Please find attached the following ancillary documents: Exhibit "A": The issues summary prepared from the City perspective for the business issues. Exhibit "B": A clean copy of the developer'~ latest draft agreement. Exhibit "C": A recap of the issues from the negotiations meeting Exhibit "D": Minutes of the meeting prepared by the City Clerk's Office. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNA TlVES: Not to accept the City Manager's report on the negotiations. Department Head's Signature Assistant to City Manager C;wt/ Department Name City Attorney / Finance SIBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC RECAP OF CITY/CRA/DEVELOPER MEETING OF 2/16/07 ISSUE AS POSED BY CITY DENSITY . 20 DUA(development units per acre) . 20% workforce housing per pending City guidelines . Allocated by developer across entire site . No high rise (3 stories or less) on west or adjacent to existing residential . Quality development monetary incentive by City/CRA- $ (See "CITY/CRA/COUNTY FUNDING" below) LAND ACQUISITION PHASE . Complete acquisition by 7/1/07 . City/CRA property conveyance to developer in escrow with release contemporaneous with closing on last developer acquired property . City/CRA property reverts to City/CRA on 7/2/07 if developer fails to acquire 100% of property within entire 26 acre project area . City/CRA will suspend all land acquisition efforts . MLK redevelopment project efforts end on failure to consolidate land . If developer fails to acquire project property City/CRA have 90 day option to purchase developer owned land or take assignment of pending contract at cost. OUTCOME DEVELOPERS RESPONSE Developer proposed 40 DUA with a 20% workforce housing component and suggestion that they would work on increasing the percentage of workforce housing above the 20%. Developer rejected the 20 DUA proposal as economically impossible, citing the May 2006 Treasure Coast Planning Council Study. The Developer would not commit to calculating a City/CRA contribution to offset the economic impact of a 20 DUA project. Phase One (approximately nine acres bordered by Seacrest Boulevard on the west) may approach the City's 20 DUA target. I The Developer contemplates a three phase development. The original proposal to the CRA indicated complete project build out by 2012. The Developer preliminaril y indicated they would commence development from the west to the east. The Developer believes they can acquire the property necessary for Phase One by 12/31/07. The City Attorney advised the Developer not to anticipate that the City would use its power of eminent domain to acquire any property in the project area. The Developer agreed with the City's position that the City and CRA disengage from all activity, directly or indirectly, to acquire property in the target area. The . Developer urged the City to assert its influence to revent third arties, includin ISSUE AS POSED BY CITY OUTCOME DEVELOPERS RESPONSE Faith Based organizations from seeking to acquire property in the redevelopment area as that effort has the effect of inflating the price of property. The Developer is requesting that the City adopt a moratorium on development in the project area. The Developer requested the City strengthen its nuisance abatement process. The Developer did not express objection to the proposed restrictions on conveyance of City and CRA property or on the City and CRA's option to acquire the Developer's property if the project does not move forward. The business terms of the latter were not discussed but can be anticipated. The Developer is requesting 90% of the TlF for fifteen years to finance its land acquisition and project development costs. RELOCA TlON COSTS The Developer concurred with the City's policy recommendation that relocation . Limit to residential and institutional costs be capped to exclude property owners properties that are paid more than ten percent (10%) . Limit to properties acquired at above appraised value for their property. appraised value plus 10% The Developer does seek the flexibility to deviate from the ten percent (10%) rule but no specifics were provided. CITY PLANS/PERMIT PROCESSING Developer agreed. . City will appoint facilitator SEQUENCE OF DEVELOPMENT The Developer requested that the City consider possible Code amendments to . Master Plan submission- 10/1/07 adjust thresholds related to the initiation of comprehensive plan and master plan processes. The Developer will provide detailed Code based suggestions for ISSUE AS POSED BY CITY OUTCOME DEVELOPERS RESPONSE I modification. I In response the City indicated it has a model for modifying land development regulations, last used to facilitate the SMU (Suburban Mixed Use) developments. ~ I I I CITY/CRA/COUNTY FUNDING . The City/CRA and possibly the County would provide funding to the developer to achieve the 20% du/20% workforce housing target. The developer is responsible for calculating the amount and to suggest methods and timing of payments. Contributions may include the City and CRA making land available to the developer and other contributions as suggested by the developer. I I The Developer will not provide the funding requirements for them to meet the 20 DUA City standard. The draft Agreement presented at the meeting by the Developer allows for up to 40 DUA yet still requires City and CRA incentives. The negotiations will commence on a date yet to be established with the understanding that the parties will conclude the Development Agreement negotiations at that meeting. Following the next negotiation session the Development Agreement will be presented to the City Commission and the CRA for discussion and approval as appropriate. It is anticipated that the City and the Developer will continue activity to modify the draft Development Agreement as necessary prior to the next actual negotiation session. This drafting will be done through the City Attorney's office with the expectation that substantive and non-substantive provisions of the Development Agreement will be narrowed before the next negotiation session. A copy of the Developer's revised Development Agreement is attached to this memorandum. There are redlined versions of the document available if you wish to see the changes from the previous CRA draft. Your attention is directed to Article 8, Developer Commitments, which contains sub-components titled "Contributions by CRA" and "Contributions by City". This summary has been prepared the City Manager and City Attorney who are available to provide additional details regarding the negotiations. A recording Secretary from the City Clerk's office was in attendance. Detailed minutes are being prepared and will be forwarded to you as soon as they are ready. 02/16/07 FEBRUARY 16,2007 DENSITY . 20 DUA . 20% workforce housing per pending City guidelines . Allocated by developer across entire site . No high rise (3 stories or less) on west or adjacent to existing residential . Quality development monetary incentive by City/CR.A.-$ (See "CITY/CRA/COUNTY FUNDING" below) LAND ACQUISITION PHASE . Complete acquisition by 7/1/07 . City/CRA property conveyance to developer in escrow with release contemporaneous with closing on last developer acquired property . City/CRA property reverts to City/CRA on 7/2/07 if developer faHs to acquire 100% of property within entire 26 acre proj eet area . City/CR.A. will suspend all land acquisition efforts . MLK redevelopment project efforts end on failure to consolidate land . If developer fails to acquire project property City/CRA have 90 day option to purchase developer owned land or take assignment of pending contract at cost. RELOCATION COSTS . Limit to residential and institutional properties . Limit to properties acquired at appraised value plus 10% CITY PLANS/PERMIT PROCESSING . City will appoint facilitator SEQUENCE OF DEVELOPMENT . Master Plan submission- 10/1/07 CITY /CRAlCOUNTY FUNDING . The City/CRA and possibly the County would provide funding to the developer to achieve the 20% du/20% workforce housing target. The developer is responsible for calculating the amount and to suggest methods and timing of payments. Contributions may include the City and eRA making land available to the developer and other contributions as suggested by the developer. HEART OF BOYNTON COMMUNITY REDEVELOPMENT MARTIN LUTHER KING CORRIDOR PROJECT BOYNTON BEACH, FLORlDA DEVELOPMENT AND DISPOSITION AGREEMENT BY AND AMONG CITY OF BOYNTON BEACH ("City") BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") AND lNTOWN PARTNERS, LLC ("Developer") Dated as of 02/15/07 434677.5 TABLE OF CONTENTS I. Definitions..,.,.........................,.......,...... ............... ....... .... II. The Project.,.................,.............,.. ......".... ........................ III. Regulatory Approvals.....,............ .....,... ............... ... ......... ...... IV. Effectiveness, Parties' Obligations, Default............... ...........,....... V. Project Representatives, Key Personnel, Project Administration.,...,:.,. VI. Relocation Assistance Policy................".,....... ........................ VII. Acquisition of Third-Party Properties and City/CRA Land Sales Transaction........................................,........................... .... VIII. Developer Commitments..., ..... ...... ... ... ......... .........,.....,.... ....... IX. Financing.......................................,.,................................. X. Project Construction, Operation and Management Requirements........,. XI. Omitted. . . . . . . .. . . . .. , . . . . . . . . . ... . . . .. . . . . . .. . . . . . . . . . . . .. . . . .. . .. . . . .. , .. . . . .. . ... XII, Community Development District. . . . . , ... . . . . , .... . . . . .. . , , .. .. . . ... .. . ... . ... XIII. Transfers and Assignments,.. ... ........................ ........................ XIV. Damage, Destruction and Restoration....,........ .... .... .......,. ......., .... XV. Condemnation. . . .. . .. . . . . ... . .. . .., . . .. . .. . .. . , .. ... .. .. . . . . . . . . . . .. .. . . . . . .. . . . ... XVI. No Subordination.. . . . . . . . . . . . . . . .. . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . XVII. Requirements..................,.........................................,........... XVIII. No Liability for Injury or Damage, Etc.......................................... XIX. Representations and Warranties... . . . . .. .. . . .. . . . .. , . . . . . . , .. . , . . . . . . . .... . . . . ... XX. Omitted..................,.................... XXI. Notices, Consents and Approvals........... .... ...... ...... .........,...... ..... XXII. Indictment, Investigations, Etc.,..,. .....,.......,................ ......... ...... XXIII. Omitted .., .. . . . . . . . . . . . . ... . . . . ... . . . ... . . . .. . . . . . .. . ..... XXIV, Miscellaneo us.. . .. , , . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . .. . .. .. . . . . . . .. . . , . . .. . , . , . . .. . 434677.5 Page 2 Page 8 Page 9 Page 11 Page 17 Page 18 Page 19 Page 23 Page 24 Page 25 Page 31 Page 32 Page 32 Page 33 Page 33 Page 33 Page 34 Page 35 Page 36 Page 39 Page 40 Page 42 Page 42 Page 43 Exhibit A Exhibit A-I Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit I Exhibit J Exhibit M Exhibit N Exhibit 0 Exhibit P Exhibit Q Exhibit R 434677.5 LIST OF EXHIBITS Conceptual Master Plan Conceptual Density, Intensity and Mix of Use Table Conceptual Master Development Schedule Development Approvals City Properties - Property Control Numbers CRA Properties - Property Control Numbers Third-Party Properties - Property Control Numbers Omitted Omitted Omi tted Form of Interlocal Agreement Project Documents Required Contract Provisions Memorandum of Development and Disposition Agreement Insurance Requirements Site Legal Description MLK CORRIDOR DEVELOPMENT CITY OF BOYNTON BEACH THIS DEVELOPMENT AND DISPOSITION AGREEMENT (the "Agreement") is made this _ day of , 2007, by and among the City of Boynton Beach, Florida, a municipal corporation existing under the laws of the State of Florida (the "City"), the Boynton Beach Community Redevelopment Agency, a public body corporate and politic created pursuant to Chapter 163, Part III, Fla. Stats. ("CRA") and Intown Partners, LLC, a Florida limited liability company (the "Developer"). RECITALS: The CRA approved the issuance of a Request for Proposals ("RFP") for Developer for the redevelopment of the Martin Luther King East Corridor in the Heart of Boynton ("MLK Corridor Development"). Developer submitted a proposal ("Developer's Proposal") in response to the RFP. After presentations by developers and public input on August 17, 2006, the eRA selected the Developer's Proposal, and named the Developer as the preferred Master Developer for the MLK Corridor Development. The CRA, City and Developer now desire to enter into a definitive agreement concerning their respective obligations for the redevelopment of the MLK Corridor Development. The parties hereto agree that the establishment of a Community Development District (a special purpose unit of local government to be created by the City Commission of the City of Boynton Beach) is the best alternative to assure that the community maintenance standards will continue after the Developer has completed redevelopment of the MLK Corridor Development. The City, the CRA and Developer are determined to work cooperatively to create a Community Development District (the "District") to plan, construct, acquire, operate and maintain infrastructure systems and facilities benefiting the MLK Corridor Development. NOW, THEREFORE, it is hereby covenanted and agreed by and among the parties hereto that this Agreement is made upon the terms, covenants and conditions hereinafter set forth. ARTICLE I DEFINITIONS For all purposes of this Agreement, the following terms shall have the following meanings: "ADA" means The Americans with Disabilities Act of 1990, as amended, together with any rules or regulations promulgated thereunder, or any successor act thereto. "Affiliates" means, with respect to the Developer, any other Person directly or indirectly controlling or controlled by Developer, or under direct or indirect common control with the Developer. "Agency" or "CRA" means the Boynton Beach Community Redevelopment Agency and any assignee or transferee of all of the Agency's rights, obligations and interests herein, from and after the date of any such assignment or transfer thereof (by operation of law or otherwise). "Agreement" means, collectively, this Development and Disposition Agreement and all exhibits and attachments hereto, as any of the same may be modified hereafter. "Architect" means the architect designated by Developer. "CDD Bonds" means any bond or other financing which may be issued or imposed by a CDD. "City" m~ans the City of Boynton Beach, Florida. "City Properties" means those certain parcels of real property located in the MLK Corridor Development owned by the City, the property control numbers of which are set forth on the attached Exhibit "D"; and any other parcels of real property assembled and acquired by the City to be transferred to the Developer in connection with the redevelopment of the MLK Corridor Development. "Completion Guarantee" shall mean any and all guarantees provided to assure completion of construction of the Project or a Phase therein. "Conceptual Master Development Schedule" means the development schedule attached hereto as Exhibit "B", as it may be modified from time to time. "Conceptual Master Plan" means the plan for redevelopment of the MLK Corridor Development as proposed by the Developer in its RFP, attached hereto as Exhibit "A", as it may modified from time to time. "Concept Plan" means and refers to the Developer's Proposal submitted in response to the CRA's Request for Proposal. "CRA Plan" means the Heart of Boynton Community Redevelopment Plan, as the same may be modified from time to time. "CRA's Proiect Representative" means the individual designated by eRA to represent CRA in its dealings with the Developer as set forth in Section 5 .1 (b) below. "CRA Properties" means those certain parcels of real property located in the MLK Corridor Development owned by CRA, the property control numbers of which are set forth on the attached Exhibit "E"; and any other parcels of real property assembled and acquired by CRA to be transferred to the Developer in cormection with the redevelopment of the MLK Corridor Development. "Default" means any condition or event, or failure of any condition or event to occur, which constitutes, or would after the giving of notice, lapse of time or both, an Event of Default under the terms of this Agreement. "Default Notice" means notice of Default given by the CRA to the Developer under the 2 tenns of this Agreement as provided in Section 4.5(c) below. "Developer" means Master Developer for the MLK Corridor Development, Intown Partners, LLC, its successors and permitted assigns. "Developer's Proiect Representative" means Samantha Simons or Richard Baron, and/or the individual(s) designated by the Developer to represent the Developer in its dealing with the CRA and the City as set forth in Section 5.1 (a) below. "Development ApprovaUs)" means all permits and approvals necessary for the redevelopment of the MLK Corridor Development in accordance' with the Conceptual Master Plan and Master Site Plan. "District" means the Community Development District to be formed pursuant to Chapter 190, Fla. Stats., for the MLK Corridor Development. "Due Dili~ence" means examination of the history and physical conditions and characteristics of any portion of the Project Site to determine if it is suitable for development for the purpose intended as set forth in the Agreement. "EEO Program" means the program established by the developer pursuant to Section 10.11 below, "Effective Date" means the date this Agreement is fully executed and delivered by all parties hereto. "Event of Default" means the Developer's breach of the terms of this Agreement as described in Section 4.5 below. "Final CO" means a final certificate(s) of occupancy issued by the City's Building Department for all or a portion of any constructed improvements. "Force Maieure" means delays due to any of the following (provided that such delay is beyond a Party's reasonable control): strikes, slowdowns, lockouts, acts of God, inability to obtain labor or materials, war, enemy action, civil commotion, fire, casualty, abnormal weather conditions, litigation, including eminent domain litigation, a court order which causes a delay, delays in governmental approvals, the application of any Requirement, or other such cause beyond such Party's reasonable control. "Governmental Authority or Authorities" means the United States of America, the State, the City, Palm Beach County, the CRA, the District, any other community development district and any agency, department, commission, board, bureau, instrumentality or political subdivision, now existing or hereafter created, having jurisdiction over Developer and/or the Project. "Hazardous Substances" means (1) petroleum and its constituents; (2) radon gas, asbestos in any form, urea formaldehyde foam insulation, transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyl in excess of Federal, state or local safety guidelines, whichever are more stringent; (3) any substance, gas, material or chemical which is or may during the Term of this Agreement be defined as or included in the definition of "hazardous substances," "hazardous materials," "hazardous wastes," "pollutants or 3 contaminants," "solid wastes" or words of similar import under any Requirement including the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.c. S 9601 et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. S 1801, et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.c. S 6901, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. S 1251, et seq.; and Fla. Stats., Chapters 376 and 403; and (4) any other chemical, material, gas or substance, the exposure to or release of which is regulated by any governmental or quasi-governmental entity having jurisdiction over the Project Site or the operations thereon. "Improvements" means all items which are to be constructed as part of the MLK Corridor Development. "Infrastructure Improvements" means additional infrastructure and/or renovations and repairs to existing infrastructure required for the Project or a Phase thereof. "Interim Milestone Dates" are the estimated dates for completion of a certain activities as provided in the Conceptual Master Development Schedule, attached hereto as Exhibit "B." "lnterlocal Agreement" means the agreement to be executed ;unong the CRA, the City and the District governing the financing, development, construction, operation, maintenance of, and acquisition of land for, the Infrastructure Improvements, substantially in the form attached as Exhibit "M" hereto, including all exhibits, appendices and schedules thereto. "Master Site Plan" means the site plan for the Project or a Phase thereof which will be provided to the City and CRA within 240 days of the Developer's delivery of notice to the City and eRA that a sufficient nwnber of parcels have been acquired in order to proceed with development of the Project or Phase. "Notice" means any written demand, request, consent, approval or other communication with respect hereto or to the Project Site sent by one Party hereto to the another Party sent in the manner provided for in Section 21.1 below. "Parcel" means a parcel of real property which is part of the MLK Corridor Development. "Party" means Developer, the CRA or the City as indicated by the context. "Parties" means, colJectively, the Developer, the CRA and the City. "Person" means an individual, corporation, partnership, joint venture, limited liability company, limited liability partnership, estate, trust, unincorporated association or other entity; any Federal, state, county or municipal government or any bureau, department, political subdivision or agency thereof; and any fiduciary acting in such capacity on behalf of any of the foregoing. "Phase" means a portion of the Project being developed in phases. "Plans and Specifications" means schematic plans, design development plans and construction plans for the project component. 4 "Pre-Approval Period" means the period from the Effective Date to the date of receipt of the Development Approvals required for the development ofthe Project or a Phase as set forth in Section 4.2. "Proiect" means the MLK Corridor Development depicted and described in Exhibit "A" and as further described in Article II. "Proiect Documents" means this Agreement, the Exhibits attached hereto, the Interlocal Agreement and the other documents listed on Exhibit "N" hereto. "Proiect Site" means the property depicted in Exhibit "R" and described in Section 2.1 below, for development of the MLK Corridor Development. "Redevelopment Trust Fund" has the meaning pursuant to Section 163.387, Fla, Stats. "Relocation Assistance Policy" means the requirements as described in Article VI for relocation of the current occupants and residents ofMLK Corridor Development area. "Requirements" means the requirements the Developer is obligated to comply with in the perfonnance of its obligations under this Agreement as stated in Section 17 .1 (b) below. "State" means the State of Florida. "Substantial Completion" means (1) the completion of all improvements with respect to the Project or a Phase in substantial accordance with the applicable Plans and Specifications therefor and all applicable Requirements, as evidenced by the issuance of a Final CO; (2) delivery to the CRA of a final "as-built" survey showing the completed Improvements; (3) delivery to the CRA of a full and complete set of "as-built" Plans and Specifications, or their equivalent, certified by the Architect; and (3) delivery to the CRA of evidence reasonably satisfactory to the CRA that such Improvements have been substantially completed, including receipt of final contractor .affidavits and lien waivers and releases, except for any such liens being contested in accordance with the provisions of this Agreement. "Tax Increment Revenues" mean ad valorem taxes collected on taxable properties above the Tax Increment Base year within the Project Site and deposited in the Redevelopment Trust Fund. "Tax Increment Base Year" means the year of the most recent ad valorem tax assessment roll used by each taxing authority prior to the effective date of the ordinance providing for the funding of the Redevelopment Trust Fund. "Tenn" means the period commencing on the Effective Date and, subject to earlier termination as provided hereunder, expiring on the earlier to occur of the dissolution of the CRA or Substantial Completion of all Phases of the Project. "Third-Partv Properties" means Parcels of property located in the Project Site which are owned by Persons who are not a party to this Agreement. "TIF" means tax increment financing pursuant to Chapter 163, Fla. Stats., including TIF Bonds or BANS or other obligations, including CDD Bonds, which are secured by Tax 5 Increment Revenues pursuant to Section 163.387, Fla. Stats. "TIF Bonds" means any bonds or other long term financing permitted to be issued by the CRA or the City under Chapter 163 or 166, Fla. Stats. "Title Commitment" means a commitment from Turnkey Title Company to issue an AL T A title insurance policy insuring the Developer's ownership interest in a Parcel of real property in accordance with this Agreement. "Workforce Housing" means housing that which will be sold or rented to persons earning between 60% to 150% of the Palm Beach County median household income, adjusted for household size. ARTICLE II THE PROJECT Section 2.1 Project Site The MLK Corridor project area is from the east side of North Seacrest Boulevard to and including the west side of US 1 between the north side of N.E. 9th A venue to and including the south side of N.E. 11 th Avenue. The legal description of the Project Site is contained in Exhibit "'R," Section 2.2 Proiect Description (a) The Project consists of a cohesive plan for a mixed-use development composed of single and multifamily housing and neighborhood retail with service uses, as depicted on the attached Exhibits "A" and "A-I." ------ .. (b) The Project will be implemented through Master Site Planes) which will be consistent witp a Heart of Boynton Redevelopment Plan, as may be modified hereafter, subject to changes necessary to accommodate market conditions and make the Project feasible. The Master Site Planes) will overlap with recommendations contained in Treasure Coast Regional Planning Council's HOB Plan Feasibility Analysis. (c) The Parties agree to amend the Conceptual Master Plan (Exhibit "A") and Density, Intensity and Mix of Use Table (Exhibit "A-l "), if necessary to secure financing from lenders and/or investors provided equity capital. The CRA agrees that consent to an amendment to these exhibits proposed by Developer shall not be unreasonably withheld, delayed or denied. Section 2.3 Sequence of Development/Phasing The Conceptual Master Development Schedule is estimated and may be subject to amendment due to unforeseen circumstances, and Holdout Parcels. The Parties agree to approve reasonable amendments and that agreement thereto shall not be unreasonably withheld, delayed or denied, ARTICLE III REGULATOR Y APPRO V ALS 6 Section 3.1 Development Approvals and Fast-Track Processing. (a) Following the acquisition of a sufficient number of parcels necessary for the development of the Project or a Phase therein, the Developer shall apply for all Development Approvals necessary to commence development of the Project or Phase. In the event any of the Development Approvals include a requirement that the City or CRA, as a property owner, provide its joinder or consent to the Developer, the City and the CRA agree to provide such joinders and consents. All parties hereto agree to use their best efforts to obtain the Development Approvals to keep the development pace moving in accordance with the time frames set forth in the Conceptual Master Development Schedule. (b) The City agrees to take steps to facilitate permitting, reduce processing time and champion public Development Approvals. The City agrees to organize a one-stop office to receive applications for City approvals where the Developer can coordinate all approvals through one representative for the City. ARTICLE IV EFFECTIVENESS AND TERMINATION OBLIGATIONS: EVENTS OR DEFAULTS: BREACH: REMEDIES Section 4.1 Effectiveness and Termination This Agreement shall be effective as of the Effective Date and shall terminate on the date of Substantial Completion (as defmed in Article I) of the Project, unless sooner terminated pursuant to the terms of this Agreement. Section 4.2 Parties' Obli~ations During Pre-Approval Period (a) During the period from the Effective Date to the date of receipt of the Development Approvals ("Pre-Approval Period"), Developer, City and CRA shall each use all reasonable efforts to secure all necessary Development Approvals in an expedited manner. (b) Unless caused by a Force Majeure or by actions or omissions of the City or the CRA, Developer shall complete its Due Diligence investigation of the Project Site within _ months from the Effective Date. Developer shall provide the City and the CRA with a copy of all Due Diligence reports prepared by or for the Developer promptly upon the receipt or completion of such reports. In no event shall the Due Diligence reports be used or relied upon by the City or the CRA to create any liability upon the Developer. Promptly upon completion of Due Diligence, the Developer restore the Project Site to its condition prior to the Developer conducting its Due Diligence investigations of the Project Site. Within thirty (30) days after the Effective Date, City and CRA deliver to the Developer all studies, reports, documents or other information in their possession or in the possession of any of the City's or the CRA' s engineers, consultants or agents relating to the physical, geotechnical, environmental, chemical, geological, hydrological, archaeological, historical or biological characteristics of the Project Site. 7 (d) Each Party shall, on a regular monthly basis, provide the other Party with a written report describing the status of its efforts to secure the Development Approvals. As reasonably requested by each Party, the Parties shall meet to discuss these efforts and the information provided in such reports. Section 4.3 Developer Termination Rights. Developer shall have the right, upon \Vritten notice to the City and the CRA, to terminate this Agreement and all other Project Documents to which it is a party if: (a) The CRA's or City's authority to enter into and carry out the provision of this Agreement is invalidated pursuant to a final decree of a Court of competent jurisdiction, provided that Developer's obligations Wlder this Agreement shall only be terminated as to its obligations to the Party without authority; (b) The City or CRA breaches the terms of this Agreement, which breach is not cured within thirty (30) days after the City andlor CRA has received written notice of such breach from the Developer, provided that if the type Of breach is not amenable to cure within the thirty (30) day period, the City/CRA shall have the period of ninety (90) days to cure same the City or CRA is diligently pursuing the cure thereof; or (c) A sufficient number of Parcels as defined in the Conceptual Master Plan have not been acquired by the Parties to be able to proceed with development of the Project or Phase within twenty-four (24) months of the Effective Date. Section 4.4 City/CRA Termination Rights. The City and/or CRA shall have the right, upon \Vritten notice to the Developer, to terminate this Agreement and all other Project Documents to which it is a party: (a) If the Developer's authority to enter into and carry out the provisions of this Agreement is invalidated pursuant to a final decree of a Court of competent jurisdiction; (b) If the Developer is otherwise in default Wlder any provisions of this Agreement or other agreements entered between the Parties which are not cured after thirty (30) days advance wTitten notice unless same cannot be cured within such thirty (30) day period in which event Developer shall have up to one hWldred ninety (90) days to cure such default so long as Developer is diligently pursuing the cure thereof; or (c) A sufficient number of Parcels as defined in the Conceptual Master Plan have not been acquired by the Parties to be able to proceed with the Project, within twenty-four (24) months of the execution of this Agreement. Section 4.5 Events of Default: Definition. Each of the following events shall be an "Event of Default" hereunder: (a) If the Substantial Completion of any Project Phase (or, if the Project is not phased, then the Project) is not completed by the date one year after the date specified in the Conceptual Master Development Schedule, Exhibit "B" of this Agreement (as it may be 8 modified hereafter), provided the delay to achieve Substantial Completion is not caused by the City, CRA, or the District; or (b) If Developer fails to meet any Interim Milestone Date (as may be extended by reasons of Force Majeure) set forth in the in the Master Development Schedule Exhibit "B," as may be amended from time-to-time, provided that Developer's failure to meet the Interim Milestone Date is not caused by the City, CRA and/or the District; or (c) If Developer fails to observe or perform in any material term set forth in this Agreement and such failure continues for a period of ninety (90) days after the Developer has received notice of such Default from the City or CRA; provided that if the breach is of the nature that it carulOt be cured within the ninety (90) day period, the Developer shall have a period of one hundred fifty (150) days to cure its breach as long as it is acting diligently to cure such breach. (d) The voluntary or involuntary petition is filed by or against the Developer seeking relief under the Bankruptcy Code, which petition is not stayed or dismissed within ninety (90) days after such filing; Section 4.6 Enforcement of Performance: Damages: and Termination. (a) If an Event of Default occurs, the City and/or CRA may elect to do any or all of the following: (1) enforce performance or observance by Developer of the applicable provisions of this Agreement; (2) recover from actual damages from the Developer as determined by a court of competent jurisdiction, plus interest thereon at the rate of ten (10%) percent per annwn; (3) enforce the Completion Guarantees; (4) terminate this Agreement in accordance with Section 4.7 below; and (5) recover any payment due from the Developer under this Agreement. The City's right to pursue its remedies shall be cumulative, and its exercise of one remedy shall not preclude the exercise of another. The City and/or CRA's election of a remedy hereunder with respect to an Event of Default shall not limit or otherwise affect the City and/or CRA' s right to elect any of the other remedies available to the City and/or CRA hereunder; provided that . if the City and/or CRA is enforcing any Completion Guarantee, the City and/or CRA may not elect to pursue its other remedies based on a Default arising from such failure to achieve Substantial Completion. Section 4.7 Termination of Agreement Upon Default. If an Event of Default occurs, which is continuing and not cured within any applicable cure period, the City and/or CRA shall have the right to terminate this Agreement by giving the Developer written notice thereof stating the date such termination is to be effective. . Section 4.8 No Waiver. The failure by the City and/or CRA to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of Developer's Default or an Event of Default, shall not be construed as a waiver by the City and/or CRA of any other Event of Default. Section 4.9 Right to Perform Developer's Obligations. Upon the occurrence of an Event of Default, which is continuing and is not cured within the applicable cure period allowed for herein, the City and/or CRA shall have the right, but shall not be obligated to, perform the 9 obligations of the Developer, without waiving or releasing Developer from any of its obligations contained herein. The City and/or CRA shall only exercise such right in the event of a bona fide emergency or after giving written notice to the Developer of its intent, five (5) business days in advance of the City and/or CRA taking such action. The Developer hereby grants the City and/or CRA access to the Project Site in order to perform any such obligation in accordance with this Agreement. Any amount paid by the City and/or CRA in performing Developer's obligations shall be reimbursed to the City and/or CRA within thirty (30) days following the City and/or CRA's demand therefor. Section 4.10 Waiver. Release and Assumption of Obligations. The City and/or CRA's payment or performance pursuant to the provisions of this Article shall not be, nor be deemed to constitute the City and/or CRA's assumption of Developer's obligations to payor perform any of Developer's past, present or future obligations hereunder ARTICLE V PROJECT REPRESENTATIVES: KEY PERSONNEL: PROJECT ADMINISTRA nON Section 5.1 Project Representatives. (a) Developer hereby designates Samantha Simons (or her successor or alternate for such purpose) as the "Developer's Proiect Representative" to represent Developer in all of its dealings with the City and CRA and the CRA's Project Representative relating to the implementation and enforcement of this Agreement; provided that it is acknowledged and agreed that Developer may delegate in writing (a copy of which shall be made available to the City and/or CRA upon request) certain of her responsibilities to another person to be determined by the Developer. The City and CRA shall direct all communication regarding this Agreement to Developer's Project Representative. (b) Within thirty (30) days after execution of this Agreement, the CRA will designate an individual (or his successor appointed for such purpose) as the "CRA's Project Representative" to represent the CRA in all of its dealings with Developer and Developer's Project Representative relating to this Agreement. Developer shall direct all communication regarding this Agreement to the CRA's Project Representative. The Project Representative shall be qualified in the areas of development, construction, construction management, urban planning, and such other areas necessary to effectively and efficiently proceed with the development of the Project as contemplated by this Agreement. (c) Within thirty (30) days after execution of this Agreement, the City will designate an individual (or his successor appointed for such purpose) as the "City's Project Representative" to represent the City in all of its dealings with Developer and Developer's Project Representative relating to this Agreement. Developer shall direct all communication regarding this Agreement to the City's Project Representative. The City's Project Representative shall be qualified in the areas of development, construction, construction management, urban plarming, and such other areas necessary to effectively and efficiently proceed with the development of the Project as contemplated by this Agreement. 10 Section 5.2 CRA's Right to Inspect. The CRA reserves the right, at its sole cost and expense, to conduct inspections of the Project Site. Developer agrees to provide safe access to the Project Site, including, without limitation, access to inspect the Improvements. CRA's field personnel shall not interfere with the construction of the Improvements at the Project Site and shall comply with all safety standards and other job-site rules and regulations of Developer. Any material interference which is caused by the CRA's field personnel shall extend the date for completion of the Improvements by the actual length of the delay caused by the interference. Section 5.4 Access and Review of Developer's Books and Records. Developer shall at all times keep and maintain accurate and complete records pertaining to acquisition of the Parcels and including such matters required to demonstrate Developer's compliance with its obligations under this Agreement; provided that such records shall not include proprietary and financial information relating to the allocation of profits and losses among the Developer's Affiliates nor information concerning leasing incentives offered or provided to prospective tenants or sub-tenants. The City, CRA and/or their representatives shall have, during normal business hours and upon reasonable advance notice, access to inspect, review and photocopy any and all such books and records of Developer relating to the Project as described above. The City and CRA shall sign a log book for Developer whenever records are inspected. ARTICLE VI RELOCATION ASSISTANCE PROCEDURE Section 6.1. Compliance With Relocation Assistance Policv. In acquiring the Third- Party Parcels, the following provisions shall apply to the relocation of the current residents and occupants of the Project Site: (a) Residents who have homesteads in the MLK Corridor within the designated site plan area will be eligible for relocation assistance; (b) Small Businesses in the site area will be relocated by CRA in accordance with its Business Genesis Program; (c) Churches located within the designated site plan area shall be relocated in accordance with agreements with the Developers/CRA/City, (d) Developer shall pay reasonable moving expenses for homeowner residents, in accordance with Federal Relocation Ouidelines, if required ; and (e) Developer shall use best efforts to relocate homeowner residents living in a home to another home in the Heart of Boynton neighborhood, or within the local area, with a similar mortgage or no mortgage, in an effort to maintain their status quo. Developer shall not be responsible for any increase in taxes, insurance or other fees outside the control of the Developer. ARTICLE VII ACQUISITION OF THIRD-PARTY PROPERTIES AND 11 CITY/CRA SALES TRANSACTION Section 7.1. Land Acquisition Phase, (a) Commencing on the Effective Date, the Developer, CRA and the City shall cooperate in the acquisition of all Third-Party Properties within the Project Site. The Developer shall attempt to assemble all Parcels necessary for the development of the Project within twenty- four (24) months of the Effective Date ("Land Acquisition Phase"), (b) If a sufficient nurriber of Parcels have not been acquired by the Parties to commence development of one (1) Phase of the Project within the twenty-four (24) month period, the Parties shall meet and jointly determine whether: (l) the Land Acquisition Phase should be extended, and/or (2) the City's power of eminent domain will be necessary to acquire sufficient Parcels, (c ) To facilitate assemblage of the Parcels, the City shall impose a development and permitting moratorium for the MLK Corridor during the Land Acquisition Phase, if necessary. 7.2 Cooperation by City. CRA and Developer for Acquisition of Third-Party Properties by Developer. (a) Commencing on the Effective Date, Developer will proceed with the acquisition of Third Party Properties within the Project Site. The City and CRA shall assist the Developer in implementing its acquisition strategy and will not intercede in Developer's negotiations for the purchase of the subject Parcels. If the Developer needs assistance from the CRA and the City to acquire one or more Parcels, Developer shall make a specific request for aid to City/CRA, detailing what staff and/or financial resources are being requested, and shall provide the City/CRA with all relevant information in its possession regarding the subject Parcel(s) including (1) the address of the parcel(s), (2) a copy of the independent appraisal of the Parcel(s), and (3) copies of written offers and counteroffers made with regard to the Parcel(s). (b) Any Parcels acquired by the City/CRA with City/CRA funds shall be transferred to the Developer in accordance with Section 7.3, below. Section 7.3. Acquisition of Land from City and CRA. The City and CRA each agree to sell to the Developer all Parcels acquired by the City and CRA within the Project Site that the Developer needs to complete development of the Project. The sale and purchase of those Parcels may be completed in 1) a single transaction; and/or 2) several transactions. (a) The purchase price ("Purchase Price") for the City Properties and the CRA Properties shall be as follows: (1) Developer shall pay the City up to $1,981,153 for the City Properties; (2) Developer shall pay the CRA up to $1,378,587 for the CRA Properties, Section 7.4 CRNCity Deliveries. During the Land Acquisition Phase, the CRA and the City shall provide to Developer copies of all surveys, tests, studies and reports which the CRA and the City have with respect to the City Properties and the CRA Properties. Any reliance 12 upon such items provided by the CRA and City is at the sole risk of Developer, and the City and the CRA make no representations or warranties with respect thereto. Section 7.5 Condition of Title. The City and the CRA shall convey to Developer fee simple, good and marketable title to the City Properties and the CRA Properties respectively, free and clear of all liens, encumbrances, easements and restrictions, encroachments and survey exceptions, except for easements and restrictions which do not adversely affect the development of the Project (the "Permitted Exceptions"). From and after the Effective Date, to the extent that any of the City Properties or CRA Properties are the subject of a lease, the City or the CRA shall not amend, extend, renew or otherwise modify any lease without the express written consent of Developer. Section 7.6 Title Defects. The City and CRA shall provide the Developer with a title commitment for each of its Parcels not less than thirty (30) days prior to anticipated closing date on the subject Parcel, along with copies of all easements and restrictions contained in the title commitment. The Developer shall notify the City and the CRA of any matters to which it objects which are disclosed in the title commitment andlorsurvey. The CRA and the City shall make reasonable efforts to cure any such defect prior to closing and shall pay any monetary liens at closing. The City or the CRA shall institute eminent domain proceedings to eliminate such title problems to the extent it is legally possible. In the event that City and CRA are unable to deliver title in the condition required by this Agreement, Developer may accept such title in its "as is" condition, without abatement of the Purchase Price. Section 7.7 Inspections. During the Land Acquisition Phase, Developer may conduct such investigations and inspections of the condition of the City Properties and the eRA Properties, including but not limited to: surveys, environmental assessments (phase on and phase two, if necessary), and other inspection and tests it deems necessary ("Inspections"), at Developer's sole cost and expense. City or CRA shall be advised three (3) business days prior to Developer conducting such Inspections. If a phase two environmental assessment report reveals the existence of any Hazardous Substances, then the Developer shall request that its environmental consultants recommend any remediation that might be required by any governmental authority as a result of such condition. The consultant shall also provide a good faith estimate, to the extent possible, of the anticipated cost of such remediation. The seller of the affected Parcel may retain its own consultant to review the conclusions of Developer's consultant. The applicable seller shall proceed with remediation of the environmental contamination and pay for any required remediation costs. If the applicable seller fails to remediate the environmental contamination, Developer may either (i) refuse to close on the subject Parcel, or (ii) may close on the subject property and remediate the environmental contamination, and the cost thereof shall be an offset against the purchase price set forth above, Section 7,8 Indemnity. Developer shall indemnify City and CRA of, from and against any and all costs, losses, claims, damages, liabilities, expenses and other obligations (including reasonable attorneys' fees and court costs) arising from, out of or in connection with the Inspections. Developer provide evidence to the City and the eRA that it has liability insurance coverage sufficient to insure against any risk of loss or damage incurred as a result of the Developer conducting its Inspections. Section 7.9 Closing. The Developer shall deliver a Notice of Commencement to the 13 CRA and the City once the Developer determines that the Parties hereto have collectively acquired and assembled sufficient Parcels in the Project Site to commence construction of the Project or a Phase thereof. Closing and conveyance of the City Properties and the CRA Properties necessary to commence construction on the Project or Phase shall occur within thirty (30) days of the Developer's delivery of its Notice of Commencement; provided that the Developer has provided the CRA and the City with 'Mitten evidence that the Developer has received all Development Approvals and financing commitments necessary to proceed with development of the Project or Phase therein. Section 7.10 Seller's Closin~ Documents. The City and the CRA shall deliver the following documents at the City/CRA Closing: (a) General Warranty Deeds to the Parcels. (b) Title Affidavits. (c) Required easements and restrictions, if any, as needed per Approval Plan. (d) Other documents necessary and appropriate, reasonably required by Developer. Section 7.11 Developer's Closing Documents and Deliverables. The Developer shall deliver the following documents to the City and the CRA, respectively at the City/CRA Closing: (a) Required easements and restrictions, of any, as needed per Approval Plan. (b) Other documents necessary and appropriate, reasonably required by Seller. Section 7.12 Prorations, Seller shall pay all real estate taxes payable with respect to any year prior to the year of the City/CRA Closing. The following items shall be prorated and adjusted between the City and Developer and between the CRA and Developer as of midnight of the day preceding the City/CRA Closing, except as otherwise specified: Real estate taxes, any items of income and expense, payable for or in connection with the use or occupancy of the properties, gas, water, electricity, heat, fuel, sewer and other utilities and other operating expenses relating to the properties.. Section 7.13 City/CRA Closing Costs. City and CRA shall pay for the following items at the time of the City/CRA Closing: (a) Costs of demolition, site preparation and environmental cleanup costs, if required. (b) City and CRA own legal costs. Section 7.14 Developer Closing Costs. The Developer shall pay for the following items at the time of the City/CRA Closing: (a) Purchase Price. (b) Title Insurance Premiums. 14 (c) Due diligence costs, including legal costs. Section 7.15 Conditions to Closing. (a) The City and CRA's obligation to close the sale of their properties shall be conditioned on Developer not being in Default hereunder beyond any applicable cure period, and Developer having complied and perfonned its obligations contemplated hereunder with respect to the City/CRA Closing. (b) Developer's obligation to close the City/CRA purchase of the CRA Properties and the City Properties shall be conditioned on the City and the CRA not being in Default hereunder beyond any applicable cure period, and each of the City and the CRA having complied and prefonned its obligations contemplated hereunder with respect to the City/CRA Closing. Section 7.16 Possession. Developer shall be granted full possession of the City Properties and the CRA Properties at closing on the subject Parcels, subject to parties in possession under existing leases. ' Section 7.17 Assignment. Developer may assign its rights to acquire the City Properties and the CRA Properties to an Affiliate of Developer upon notice to and with the prior written consent of the City and CRA and provided that Developer's assignee shall be obligated to close under this Article in the same manner as Developer. Section 7.18 Deeds to Rights-Of-Wav. To the extent that any of the City Properties or the eRA Properties constitute (or will constitute following construction) a public street or other right-of-way (or part thereof), Developer or a CDD as appropriate, shall execute and deliver deed(s) to said parcels to the City or the CRA following the Completion of Construction of the Infrastructure Improvements thereon. ARTICLE VIII DEVELOPER COMMITMENTS Section 8.1 Contributions by the Developer: The Developer agrees to contribute the following public and community assets: (a) Public Safety Building~ with commitment from the City for lease space, and commitment for youth programming Urban Strategies; (b) Lighted pedestrian walkways and connections throughout the Project; (c) Street signage to incorporate history of the community including, but not limited to names of matriarchs and leaders of the community; (d) Fitness Center with free or reduced membership fees for police, fire department and governmental workers who participate in the community mentoring program; 15 (e) Gateways at both ends of the community - one at Seacrest Blvd. main entrance and one at Federal Highway. The design of the eastern gateway along Federal Highway shall be emphasized by a retail corridor which opens up onto a community plaza. The design could easily embrace the addition of a potential SFEC light rail stop in the future to coordinate with the new commuter SFEC planned rail-line; (f) Incorporation of urban smart growth and sustainable design features. (g) Community Center; (h) Community Trust Fund to be established; Developer shall use its best efforts to provide programs including, but not limited to, job training, healthcare, youth programs, homeownership programs, and ongoing community outreach programs as suggested by the community. (i) Developer shall establish a college scholarship program that will be offered to students that graduate High School who live within the Seacrest Village Community; and (j) Developer shall provide up to $150,000 for revitalization of Sarah Sims Park based on said project approvals and project feasibility. Section 8.2 Contribution for Affordable and Workforce Housing Programs (b) phase; and Seacrest Village will include no less than 20% of "Workforce Housing" in each (c) Workforce housing will blend architecturally with other residences. Section 8.3 Contributions bv CRA (a) CRA commits to contribute no more than $ TBD towards the implementation of the Project including the cost of land acquisition, infrastructure improvements, and financial assistance for demolition and removal of existing structures. (b) CRA shall assist in the relocation of churches other than Deliverance by Faith Church; schools; and neighborhood businesses. (c) CRA shall commit to renting space in the Public Safety Building. (d) CRA shall be responsible for public nuisance abatement within the Project Site, including the elimination of business involved in illegal activities. (d) Tax Increment Financing; Upon the completion of the Project, or any Phase thereof, the Developer shall be entitled to receive 90% of the increased tax revenues ("Tax Increment Revenues") generated by the Project or a completed Phase, for a period of 15 years, provided Developer is not in default as to any provision of this Agreement and provided that Developer has met all of its obligations in this Agreement. 16 Section 8,4 Commitments bv City (a) The City commits to contribute no more than $ TBD towards the implementation of the Project including the cost of land acquisition, infrastructure improvements, and financial assistance for demolition and removal of existing structures. (b) The City shall assist the Developer with public nuisance abatement. (c) The City will fund payment of impact fees, building permit fees, and connection charges and capital costs for construction and installation of water and sewer facilities. (d) The City shall assist in the relocation of Deliverance by Faith Church. (e) The City shall provide the Developer with regulatory relief from Zoning and Building Codes to assist the Developer with the efficient and expeditious development of the Project. ARTICLE IX FINANCING Section 9.1 Developer Financing. Upon commencement of construction of the Project or a Phase therein, the Developer shall provided written evidence to the CRA and City that, it has secured a commitment to finance development of the Project by providing copies of its loan commitments to the City and CRA. Section 9.2 CDD (Community Development District) Revenue Sources. As set forth in the recitals to this Agreement and in Article XII, the Parties have determined to work cooperatively to create the lv1LK Corridor Community Development District. The City and CRA agree to support the creation of the District which will enable the issuance of CDD Bonds, a portion of which may be secured by Tax Increment Revenues pursuant to an Interlocal Agreement, as defined in Article I, to finance qualifying infrastructure costs related to the Project. If requested, the CRA shall pledge Tax Increment Revenues as security for one or more issues of CDD Bonds for the Project. ARTICLE X PROJECT CONSTRUCTION. OPERATION AND MANAGEMENT REOUIREMENTS Section 10.1 Construction Obligations. (a) Within 240 days of notifying the City and CRA in writing that a sufficient number of Parcels have been acquired to proceed with the Project or a Phase thereof, Developer shall submit the following to the City and CRA: (1) the Master Site Plan, (2) the updated Conceptual Master Development Schedule, (3) the list of required Infrastructure Improvements, and (4) a detailed budget for the construction and development of the Infrastructure Improvements for the Project or Phase of the Project that the Developer proposes to proceed with. 17 (b) Developer shall design and construct the Project. Developer will initially be obligated, subject to Force Majeure, to commence construction of the Project within six (6) months following closing and conveyance of City and CRA Properties to the Developer necessary for the development of the Project or Phase therein. (b) The Developer shall achieve Substantial Completion of the Project or Phase at the time(s) set forth in the Master Site Plan and Conceptual Master Development Schedule, subject to Force Majeure. During construction, the Developer will, at all times: (1) ensure that sufficient manpower and materials are deployed throughout the development and construction of the Project Phase, (2) proceed diligently and continuously towards the completion of the development and construction of the Project Phase, (3) not abandon or otherwise terminate the development and construction of the Project Phase, and (4) substantially complete the Project or Phase by the dates set for in the Conceptual Master Development Schedule. Section 10.2 Regulatory and Design Requirements, Developer shall construct the Improvements in accordance with all Development Approvals and all other Requirements, including, without limitation, the ADA. Developer shall be responsible for timely payment of all applicable permitting, licensing, utility connection and similar fees and charges in connection with the design and construction of the Project. Section 10.3 Design and Construction Review ProcedureslProvisions ApJllicable to Construction. (a) Any material changes to the Master Site Plan and Master Density, Intensity and Mix of Use Table shall be submitted by Developer to City and CRA for their review and approval. (b) In no event shall the CRA Representative or the CRA have any liability in cOlUlection with the construction or operation of the Project as a result of or arising from any approvals relating thereto given or withheld (or the right to give or withhold such approvals) pursuant to this Agreement, or as a result of or arising from any other right to review documents in connection with the construction or operation of the Project. In no event shall any such review, approval, comment or evaluation by the CRA relieve Developer of any liability or responsibility under this Agreement, it being understood and agreed that the CRA is at all times ultimately relying on Developer's skill, knowledge and professional training and experience in preparing (or causing the preparation of) any project documents. (c) Developer shall notify the CRA in writing of the names of all architects, engineers, construction contractors, project managers, program managers and other design and construction consultants engaged by Developer in connection with the design and construction of the Project (collectively, the "Project Design and Construction Contractors"). The CRA shall have no right of approval with respect to any such engagement; provided, however, that Developer covenants and agrees that all Project Design and Construction Contractors shall have experience with the type of project being undertaken and shall be duly licensed to practice under the laws of the State of Florida. The CRA shall have no right of approval with respect to any contract entered into by Developer with any Project Design and Construction Contractor; provided, however, each such contract shall contain the "Required Contract Provisions" attached 18 as Exhibit "0" hereto. Upon execution of any such contract, Developer shall provide the CRA with appropriate written evidence of its compliance with the preceding sentence. (d) Developer shall prosecute any claims it may have against any Project Design and Construction Contractor for failure by any such contractor to comply in any material respect with the standards of performance imposed upon it in any applicable contract if it deems such prosecution to be in the best interest of the Project, in the exercise of its reasonable business judgment. Nothing contained in this Agreement shall grant or be deemed to grant any Project Design and Construction Contractor or any other Person engaged by Developer with any right of action or claim against the CRA with respect to any work any of them may do in connection with the Project. Nothing contained herein shall create or be deemed to create any relationship between the CRA and any Project Design and Construction Contractor or any such other Person engaged by Developer, and the CRA shall not be responsible to any of the foregoing for any payments due or alleged to be due thereto for any work pertained or materials purchased in connection with the Project. (e) In connection with the Project, Developer shall require all project design and construction contractors to comply with the EEO Program (as set forth in Section 10.11), as modified or adjusted from time to time. The provisions of the EEO Program shall be applicable to all Project design and construction contractors and subcontractors at any tier of construction. Developer shall furnish to the CRA data, including but not limited to compliance reports, related to the operation of the EEO Program, as reasonably requested by the CRA. (f) Developer shall be responsible for initiating, maintaining and supervIsmg all security precautions and programs reasonably required in connection with the performance of the construction work. Section 10.4 Proiect Oversight Prior to Completion. Prior to Substantial Completion of the Project (or any or portion thereof), the Developer, the City and the CRA shall cooperate to exchange information relevant to Parcel acquisition and the development of the Project (or any or portion thereof), provided that information exchanged by and among the Parties shall remain confidential at all time and not disclosed to the public without consent of the Parties hereto. Section 10.5 Progress Meetings. The Developer agrees to schedule regular progress meetings to report on the status of the Project and to review the progress under the Conceptual Master Development Schedule. The CRA' s Project Representative may attend each of such meetings. The meetings shall be held at the Project Site or at a location to be designated by the Developer. . Section 10.6 Progress Reports. The Developer shall endeavor in good faith to submit to the CRA a quarterly written progress report (the "Progress Report") that shall include a description of activities completed, the activities to be undertaken prior to the next quarterly progress report, the status of all Development Approvals, the status of any Project financing, an explanation of each activity, if any, that is causing delay, a description of problem areas, and their estimated impact on performance of other activities and scheduled completion dates in the Conceptual Master Development Schedule and an explanation of corrective action taken or proposed. 19 Section 10.7 Construction and Operation Standards. (a) Developer shall construct the Project with due diligence and III a good and workmanlike manner. (b) Developer shall operate and manage the Project with that degree of skill, care and diligence normally exercised by operators and managers of first-class, mixed-use development projects with a scope, magnitude and location that is comparable to the Project and otherwise in compliance with this Agreement. Section 10.8 Legal and Prohibited Uses. (a) Developer shall use and operate the Project Site throughout the Term as required by this Agreement. In any event, the Project Site shall be used only in accordance with the Final CO(s) therefor (or Temporary CO(s), to the extent that final CO(s) have not been issued therefor). (b) Without limiting the provisions of subparagraph (a) above, Developer shall not use or occupy the Project Site or any part of the Project Site, and neither permit nor suffer the Project Site to be used or occupied, for any of the following ("Prohibited Use(s)"): (i) for any unlawful or illegal business, use or purpose or for any business, use or purpose which violates any Requirements; (ii) for any use which is a public nuisance; or (iii) in such manner as may make void or voidable any insurance then in force with respect to the Project Site. (c) Immediately upon its discovery of any Prohibited Use, Developer shall take all reasonably necessary steps, legal and equitable, to compel discontinuance of such business or use, including, if necessary, the removal from the Project Site of any subtenants, licensees, invitees or concessionaires. (d) Notwithstanding anything in this Agreement to the contrary, Developer reserves the right to close or restrict access to any portion of the Project Site in connection with improvements undertaken in accordance with the provisions of this Agreement or to such extent as may, in the reasonable opinion of Developer's counsel, be legally necessary to prevent a dedication thereof or the accrual of prescriptive rights to any Person or Persons. Section 10.9 Desig:n and Construction of the Infrastructure Improvements Infrastructure shall be designed and constructed by the CDD pursuant to the Interlocal Agreement. In no event shall the Developer, the CRA or any other CRA Indemnified Party have any liability in connection \\O;th the construction of the Infrastructure Improvements as a result of or arising from any approvals relating thereto given or withheld (or the right to give or withhold such approvals) pursuant to this Agreement, or as a result of or arising from any other right to review, comment on or evaluate any plans, drawings, specifications or other documents in connection with the construction or operation of the Infrastructure Improvements. Section 10.10 Cooperation Developer shall use all reasonable efforts not to disrupt the construction of other development and construction projects within the City. The City and CRA shall use all reasonable efforts not to disrupt, and to prevent other persons from disrupting the construction of the Project or the Infrastructure Improvements. 20 Section 10.11 Equal Opportunity Proeram Developer hereby establishes an equal opportunity program ("EEO ProlU'am") with respect to the construction of the Improvements. Developer shall: (a) Comply with the City Ordinance Number , as amended from time to time; (b) Utilize minority business enterprises ("MBE") and women's business enterprises ("WBE") participation of at least fifteen percent (15%), cumulatively, in the design, development and construction of [each Component of] the Improvements (the "Participation Percentage"). Developer is required to utilize at least MBE's or WBE's to meet the Participation Percentage. MBE's and WBE's shall be those enterprises which are certified as MBE's and WBE's under the applicable regulations of Palm Beach County. Developer shall utilize best efforts to use MBE's or WBE's which have their principal place of business within _ miles of the City, but Developer shall utilize its bests efforts to retain WBE's and MBE's which are located within the City; (c) Developer shall use best efforts to cooperate with agencies to implement job training programs for women and minority workers, as well as local residents, throughout the development and construction of the Improvements (e) Developer shall submit written reports to the CRA no later than January 31 of each year regarding compliance with the EEO Program for the prior calendar year. The EEO Program stated herein shall be modified from time to time to incorporate such reasonable comments and suggestions by the CRA as are deemed appropriate. Developer shall use all reasonable efforts to implement the EEO Program and satisfy the various requirements hereof. ARTICLE XI INTENTIONALL Y OMITTED ARTICLE XII COMMUNITY DEVELOPMENT DISTRICT Section 12.1 MLK Corridor Communitv Development District. The City, eRA and Developer agree to work cooperatively to create the District, pursuant to Chapter 190, Fla. Stats" to provide for financing, construction and operation and maintenance of certain of the Infrastructure Improvements for the Project Site and to exercise the general powers and powers for public improvements and community facilities enumerated in Sections 190.011 and 190.012, Fla. Stats. CRA and Developer each covenant to use all reasonable efforts to cooperate with the City to set the boundaries of the District so as to be consistent with the boundaries set forth in or referred to in the lnterlocal Agreement. 21 ARTICLE XllI TRANSFERS AND ASSIGNMENTS Section 13.1 Limitations on Transfers and Assignments by Developer. (a) Prior to Substantial Completion, Developer may transfer ownership of a Phase or a Parcel with the prior written consent of the City and the CRA which will not be unreasonably withheld, denied or delayed, However, the City and CRA may require any transferee to demonstrate its financial ability to comply with the obligations that it has undertaken. Such transfer shall not release Developer from its obligations with respect to such Phase or Parcel under this Agreement. (b) Developer may in the ordinary course (a) transfer ownership of a portion of a Phase in the ordinary course to purchasers of residential units, (b) lease a portion of a Phase to residential tenants in the ordinary course, and (c) sell, lease or sub-lease completed portions of a Phase to end users, purchasers and investors consistent with this Agreement. Upon such conveyance, Developer's liability under this Agreement with respect to such transferred portion of a Phase shall be terminated. Section 13.2 Transfer and Assignment by CRA and City. The CRA and the City shall not transfer or assign any of its rights, interests and obligations under this Agreement except to one another. ARTICLE XIV DAMAGE. DESTRUCTION AND RESTORATION Section 14.1 Effect of Damage. Destruction or Restoration. The rights and obligations of the Parties under this Agreement shall not be modified or terminated if the Project Site is damaged or destroyed in whole or in material part by fire or other casualty prior to Substantial Completion; provided that any such event shall be deemed Force Majeure, which shall excuse the Developer's obligation to Substantially Complete the Project or Phase in accordance with the Conceptual Master Plan Development Schedule. ARTICLE XVI NO SUBORDINATION Section 16.1 Rights of the City and CRA. The City and CRA' s interest in or rights under this Agreement as the same may be modified, amended or renewed in accordance with the provisions of this Agreement, shall not be encumbered by or subordinated in any way to (a) any mortgage now or hereafter existing, (b) any other liens or encumbrances hereafter affecting, created or suffered by Developer on its leasehold interest or otherwise, or (c) any sublease or any mortgage liens or encumbrances now or hereafter placed on any interest of any subtenant. Developer shall in no event have any right or authority to create liens or encumbrances on or affecting any interest in or rights of the City or CRA in this Agreement. 22 ARTICLE XVII REOUIREMENTS Section 17.1 Requirements. (a) In connection with its performance of each and every one of its obligations hereunder, Developer shall comply promptly with any and all applicable Requirements. No consent to, approval of or acquiescence in any plans or actions of Developer by the City or CRA (or any agent or representative thereof) under this Agreement, shall be relied upon or construed as being a determination that such are in compliance with the Requirements or, in the case of construction plans, are structurally sufficient, prudent or in compliance with the Requirements. (b) For purposes hereof, the term "Requirement(s)" means (1) any and all laws, rules, regulations constitutions, orders, ordinances, charters, statutes, codes, executive orders and requirements (now existing or hereafter applicable) of all Governmental Authorities having jurisdiction over Developer or other Persons, or the Project, or any street, road, avenue or sidewalk comprising a part of, or lying in front of, the Project Site, or above or below the Project Site (including, without limitation, the ADA and any of the foregoing relating to handicapped access or parking, the building code of the City and the laws, rules, regulations, orders, ordinances, statutes, codes and requirements of any applicable fire rating bureau or other body exercising similar functions); (2) the Temporary and/or Final COs issued for the Project or the Infrastructure Improvements, as then in force; (3) any and all provisions and requirements of any property, casualty or other insurance policy required to be carried by Developer under this Agreement; (4) any and all terms, conditions or covenants of any and all easements covenants, conditions or restrictions of record, declarations, or other indentures documents or instruments of record; and (5) the Project Documents. ARTICLE XVIII NO LIABILITY FOR INJURY OR DAMAGE ETC, Section 18.1 CRA's Exculpation: Develover's Indemnification: Waiver of Subrogation. (a)' The eRA Indemnified Parties shall not be liable to Developer for, and Developer shall indemnify, defend and hold the CRA Indemnified Parties hannless from and against, any loss, cost, liability, claim, damage, expense (including, without limitation, reasonable attorneys' fees and disbursements) penalty or fine incurred in connection with or arising from: (1) any injury (whether physical, economic or otherwise) to Developer or to any other Person in, about or concerning the Project Site or the Infrastructure Improvements; (2) any damage to, or loss (by theft or otherwise) of, any of Developer's property or of the property of any other Person in, about or concerning the Project Site, or the use or occupancy thereof, irrespective of the cause of injury, damage or loss (including, without. limitation, the acts or negligence of any tenant or occupant of the Project Site or of any owners or occupants of adjacent or neighboring property or caused by any construction or by operations in construction of any private, public or quasi-public 23 work) or any latent or patent defects in the Project Site; or (3) any act, omission or negligence of Developer or its Affiliates or of the contractors, agents, servants, employees guests, invitees or licensees of Developer or its Affiliates, including, without limitation, acts, omissions and negligence arising out of the Due Diligence undertaken by the Developer; except to the extent any of the matters described in clauses (1) or (2) are due' to the gross negligence or willful misconduct of any CRA Indemnified Party. The CRA Indemnified Parties shall not be liable, to the extent of Developer's insurance coverage (if available to cover the loss and in any case exclusive of deductibles), for any loss or damage to any Person or property even if due to the gross negligence or willful misconduct of any CRA Indemnified Party and, to that extent, Developer relieves the CRA Indemnified Parties from such liability. Without limiting the generality of the foregoing, except to the extent caused by the gross negligence or willful misconduct of any of the CRA Indemnified Parties (and then only in such CRA Indemnified Party's proprietary capacity as opposed to its governmental capacity), the CRA Indemnified Parties shall not be liable for (1) any failure of water supply, gas or electric current (2) any injury or damage to person or property resulting from gasoline, oil, steam, gas, electricity, or hurricane, tornado, act of God, act of war, enemy action, flood, wind or similar storms or disturbances, water, rain or ice, or (3) leakage of gasoline or oil from pipes, appliances, sewer or plumbing works. Section 18.2 Notice of Injury or Damage. Developer shall notify the CRA within thirty (30) days of any occurrence at the Project Site of which Developer has notice and which Developer believes could give rise to a claim of $1,000,000 (adjusted for inflation) or more, whether or not any claim has been made, complaint filed or suit commenced. Section 18.3 Contractual Liability. The obligations of Developer under this Article shall not be affected in any way by the absence or presence of insurance coverage (or any limitation thereon, including any statutory limitations with respect to workers' compensation insurance), or by the failure or refusal of any insurance carrier to perform any obligation on its part under insurance policies affecting the Project Site; provided, however, that if the CRA actually receives any proceeds of Developer's insurance with respect to an obligation of Developer under this Anicle, the amount thereof shall be credited against, and applied to reduce, any amounts paid and/or payable hereunder by Developer with respect to such obligation. Section 18.4 Defense of Claim. Etc. If any claim, action or proceeding is made or brought against any CRA Indemnified Party which is or may be subject to indemnification by Developer hereunder, then, upon demand by the CRA or such CRA Indemnified Party, Developer shall either resist, defend or satisfy such claim, action or proceeding in such CRA Indemnified Party's name, by the attorneys for, or approved by, Developer's insurance carrier (if such claim, action or proceeding is covered by insurance) or such other attorneys as the CRA shall reasonably approve. The foregoing notwithstanding, such CRA Indemnified Party may, at its own expense, engage its own attorneys to defend such CRA Indemnified Party, or to assist such CRA Indemnified Party in such CRA Indemnified Party's defense of such claim action or proceeding as the case may be. Section 18.5 Notification and Pavrnent Each CRA Indemnified Party shall promptly notify Developer of the imposition of, incurrence by or assertion against such CRA Indemnified Party of any cost or expense as to which Developer has agreed to indemnify such CRA Indemnified Party pursuant to the provisions of this Article. Developer agrees to pay such CRA 24 Indemnified Party all amounts due under this Article within sixty (60) days after receipt of the notice from such CRA Indemnified Party. Section 18.6 Survival. The provisions of this Article shall survive the termination of this Agreement. ARTICLE XIX REPRESENTATIONS AND WARRANTIES Section 19.1 Mutual Representations. (a) No Brokers. City, CRA and Developer each represents to the other that it has not dealt with any broker, finder or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees or other compensation by any Person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. (b) Authority to Execute. City, CRA and Developer each represents to the other that each Person executing this Agreement on behalf of City, CRA or Developer (or in any representative capacity), as applicable, has full right and lawful authority to execute this Agreement. Developer agrees to furnish to City and CRA on or prior to the date of execution of this Agreement true and correct copies of such instruments or documents evidencing to the CRA's reasonable satisfaction the authority of each such Person executing this Agreement on behalf of Developer (or in any representative capacity). Section 19.2 CRA and City Representations. CRA and City each represent and warrant to Developer that: '(a) To the best of the CRA and City's knowledge, the Project is not in violation of any order or decree of any court of competent jurisdiction or any governmental agency and City or entity having jurisdiction. There are no pending or, to the best of the CRA's and City's knowledge, threatened judicial or administrative proceedings which, if detennined adversely to the interest of the CRA and City, could materially affect the contemplated development or use of the Project Site as set forth in this Agreement or the other documents contemplated by this Agreement (collectively the "Project Documents" Exhibit "N"). (b) Prior Contracts. There are no existing agreements or contracts regarding the development of the Project Site other than those contemplated with the Developer under the Development Documents. (c) No Legal Conflicts. The execution, delivery and performance of its obligations under the Development Documents by the CRA and City will not: (1) violate, conflict with, result in a material default (following notice and/or expiration of the related grace/cure period without cure or both, as applicable) under any agreement or other instrument to which the CRA and City is a party or by which the property may be bound or affected, or any requirements of law; (2) result in the creation or imposition of any lien whatsoever upon any of its assets, except 25 as may be permitted by the Development Documents; nor (3) require any authorization or consent from, or any filing with, any govenunental authority, except as contemplated by the Development Documents. Section 19.3 Developer Representations. Developer represents and warrants to the CRA and City that: (a) Organization: Legal Status. Developer is duly organized, validly existing and in good standing, under the laws of its state of formation and; (a) is duly qualified to transact business and is in good standing in the State of Florida; and (b) has all necessary approvals, governmental and otherwise, and full power and authority to own, operate and sell and construct the Project and otherwise carry on its business as now conducted and proposed to be conducted. Developer's correct legal name is set forth on the first page of this Development Agreement. (b) Power, Authorization: Enforceable Obligations. Developer has full power, authority and legal right to execute, deliver and perform its obligations under the Development Documents. Developer has taken all necessary action to authorize the execution of the Development Documents on the terms and conditions contained herein or as may be subsequently negotiated, and Developer has taken all necessary action to authorize the execution and delivery of its performance under the Development Documents. The officer or representative of Developer signing the Development Documents has been duly authorized and empowered to do so, The Development Documents constitute legal, valid and binding obligations of Developer, enforceable against Developer in accordance with their terms. (c) No Legal Conflicts. The execution, delivery and perfonnance of its obligations under the Development Docwnents by Developer or its members will not: (a) violate, conflict with, result in a material default (following notice and/or expiration of the related grace/cure period without cure or both, as applicable) under any agreement or other instrument to which Developer is a party or by which the property may be bound or affected, or any requirements of law; (b) result in the creation or imposition of any lien whatsoever upon any of its assets, except as may be permitted by the Development Documents; nor (c) require any authorization or consent from, or any filing with, any governmental authority, except as contemplated by the Development Documents. (d) No Litigation. Except as previously disclosed to the City and CRA, no action, suit or proceeding, or investigation, judicial, administrative or otherwise (including, without limitation, any reorganization, bankruptcy, insolvency or similar proceeding) currently is pending or, to the best of Developer's knowledge, threatened or contemplated against or affecting Developer or any of its members, partners or shareholders or the property that has not been disclosed by Developer in writing to City and CRA and which, if adversely determined, could reasonably be expected to have a material adverse effect on Developer's ability to perform under the Development Documents. (e) Financial Condition. Developer and each of its members are currently solvent. No change has occurred in the financial condition of Developer or any of its members or their respective constituent equity owners, general partners or managing members, which would have a material adverse effect since the date of most recent financial statements submitted to the CRA and City with respect to each such party, other than has been disclosed in writing to the CRA and 26 City. (f) No Illegal Activity as Source of Funds. No portion of the Site has been or will be purchased, improved, equipped or furnished with proceeds of any illegal activity. (g) Complete Disclosure: No Change in Facts or Circumstances. Developer has disclosed to the CRA or City all material facts and has not failed to disclose any material fact that could cause any representation or warranty made herein to be materially inaccurate, incomplete or misleading. All information provided in or supplied with the bid for the Project, or in satisfaction of the terms thereof, remains true, complete and correct in all material respects, and no adverse change in any condition or fact has occurred that would make any of such information materially inaccurate, incomplete or misleading. Section 19.4 No Other Representation. Developer confirms that, except for the representations contained in this Agreement, (1) no representations statements or warranties, express or implied, have been made by, or on behalf of, City or CRA with respect to the Project Site or the transactions contemplated by this Agreement, the status of title thereto, the physical condition thereof (including but not limited to subsurface conditions) the leases and occupancies thereof or with respect thereto, if any, the' zoning, wetlands or other laws, regulations, rules and orders applicable thereto or the use that may be made of the Project Site, or the presence or absence of Hazardous Substances on or under the Project Site, (2) Developer has relied on no such representations, statements or warranties (3) City and CRA shall not be liable to Developer, in any event whatsoever to correct any latent or patent defects in the Project Site, and (4) any and all copies of the environmental reports provided by the City or the eRA to the Developer have been delivered without representation or warranty. ARTICLE XX OMITTED ARTICLE XXI NOTICES. CONSENTS AND APPROVALS Section 21.1 Service of Notices and Other Communications. (a) Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other, or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project Site, each such notice, demand, request, consent, approval or other communication (referred to in this Section 21.1 as a "Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested; (ii) personal delivery with a signed receipt or (Hi) a recognized national courier service, ad~essed as follows: IF TO DEVELOPER: 27 IF TO CRA: IF TO CITY: Any Notice may be given, in the manner provided in this Section 21.1 (1) on either party's behalf by its attorneys designated by such party by Notice hereunder, and (2) at Developer's request, on its behalf by any Recognized Mortgagee designated in such request. I (b) Every Notice shall be effective on the date actually received, as indicated on the receipt therefor or on the date delivery thereof is refused by the recipient thereof. (c) All references in this Agreement to the "date" of Notice shall mean the effective date, as provided in the preceding subsection (b). Section 21.2 Consents and Approvals. (a) All consents and approvals which may be given under this Agreement shall, as a condition of their effectiveness, be in writing. The granting by a party of any consent to or approval of any act requiring consent or approval under the terms of this Agreement, or the failure on the part of a party to object to any such action taken without the required consent or approval, shall not be deemed a waiver by the party whose consent was required of its right to require such consent or approval for any other act. The Executive Director of the CRA in conjunction with the CRA Board of Directors shall be deemed to have all necessary authority to act on the eRA's behalf and to give all approvals hereunder, and that any reference herein to consent of the CRA shall mean the Executive Director in conjunction with the CRA Board of Directors. (b) All consents and approvals which may be given by a party under this Agreement shall not (whether or not so indicated elsewhere in this Agreement) be unreasonably withheld or conditioned by such party and shall be given or denied within the time period provided, and if no such time period has been provided, within a reasonable time, Upon disapproval of any request for a consent or approval, the disapproving party shall, together with notice of such disapproval, submit to the requesting party a written statement setting forth with specificity its reasons for such disapproval. (c) If a party entitled to grant or deny its consent or approval (the "Consenting ~") within the specified time period shall fail to do so, then, except as otherwise provided herein, and provided that the request for consent or approval (and the envelope in which such request is transmitted to the extent permitted by the carrier) bears the legend set forth below in capital letters and in a type size not less than that provided below, the matter for which such consent or approval is requested shall be deemed consented to or approved, as the case may be: "FAILURE TO RESPOND TO THIS REQUEST WITHlN THE TIME PERIOD PROVIDED IN THE DEVELOPMENT AGREEMENT BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") AND INTOWN PARTNERS, LLC SHALL CONSTITUTE AUTOMATIC APPROVAL OF THE 28 MATTERS DESCRIBED HEREIN WITH RESPECT TO SECTION [FILL IN APPLICABLE SECTION] OF SUCH DEVELOPMENT AGREEMENT." ARTICLE XXII INDICTMENT. INVESTIGA nONS. ETC, Section 22.1 Cooperation bv Developer. Developer shall cooperate fully and faithfully with any investigation, audit or inquiry conducted by any Governmental Authority that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by a Governmental Authority that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license that is the subject of the investigation, audit or inquiry relating to affecting the performance of this Agreement or any other Project Document. In addition, Developer shall promptly report in writing to the City Attorney and the CRA's General Counsel any solicitation, of which Developer's officers or directors have knowledge, of money, goods, requests for future employment or other benefit or thing of value, by or on behalf of any employee of City or CRA, or other Person relating to the procurement or obtaining of this Agreement or any other Project Document by Developer or affecting the performance of this Agreement. ARTICLE XXIII OMITTED ARTICLE XXIV MISCELLANEOUS Section 24.1 Governing Law and Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to principles of conflict of laws. Venue of all proceedings in connection herewith shall be exclusively in Palm Beach County, Florida. Section 24.2 Dispute Resolution. All Disputes under this Agreement shall be first subject to binding Arbitration. Section 24.3 Attorney's Fees. In the event of binding arbitration, the Arbitrator may award the prevailing party its reasonable attorneys' fees and costs. In the event of litigation, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs (including all fees and costs through all levels of appeal. Section 24.4 No Waiver of Soverei~ Immunity. Nothing contained in this Section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the eRA's liability and the City's liability, as set forth in 9768.28, Fla. Stats,. or of any other constitutional, statutory, common law or other protections afforded to public bodies or 29 governments. Section 24.5 References. (a) The captions of this Agreement are for the purpose of convenience of reference only, and in no way define, limit or describe the scope or intent of this Agreement or in any way affect this Agreement. (b) The Table of Contents is for the purpose of convenience of reference only, and is not to be deemed or construed in any way as part of this Agreement. (c) Nothing in this Agreement or in the partiest acts or omissions in connection herewith shall be deemed in any manner to waive, impair, limit or otherwise affect the authority of the CRA or City in the discharge of its police or governmental powers. (d) All references in this Agreement to the terms "herein", "hereunder" and words of similar import shall refer to this Agreementt as distinguished from the paragraph, Section or Article within which such term is located. Section 24.6 Entire Agreement. Etc. (a) This Agreement, together with the exhibits and attachments hereto, contains all of the promises, agreements, conditions, inducements and understandings between the City, CRA and Developer concerning the Project and there are no promises, agreements, conditions, understandings, inducements, warranties or representations, oral or written, express or implied, between them other than as expressly set forth herein and in such attachments hereto or as may be expressly contained in any enforceable written agreements or instruments executed simultaneously herewith by the parties hereto, except for the other Project Docwnents. (b) No covenant, agreement, term or condition of this Agreement shall be changed, modified, altered, waived or terminated except by a written instrument of change, modification, alteration, waiver or termination executed by City, eRA and Developer. No waiver of any Default or default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default or default thereof. Section 24.7 Invalidity of Certain Provisions. Any provision of this Agreement or the application thereof to any Person or circwnstances is, to any extent, finally determined by a court of competent jurisdiction to be invalid and unenforceable, the remainder of this Agreement, and the application of such provision to Persons or circumstances other than those as to which it is held invalid and unenforceable shall not be affected thereby imd each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Section 24.8 Successors and Assigns. The agreements, terms, covenants and conditions herein shall be binding upon, and inure to the benefit of, City, CRA and Developer and, except as otherwise provided herein, their respective successors and permitted assigns and shall be construed as a covenant running with the land, 30 Section 24.9 Non-liability of Officials and Employees. No member, official or employee of the CRA, the City, or any other governing body (including, without limitation, the Chair or Members of the CRA, the Mayor or the Commissioners) shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by the City or CRA for any amount or obligation which may become due to Developer or successor under the terms of this Agreement; and any and all such personal liability, either at common law or in equity or by constitution or Statute, of, and any and all such rights and claims against, every such Person, or under or by reason of the obligations, covenants or agreements contained in this Agreement or implied therefrom are expressly waived and released as a condition of, and as a consideration for, the execution of this Agreement. Section 24.10 Conflict of Interest. Developer represents and warrants that, to the best of its actual knowledge, no member, official or employee of the CRA or the City has any direct or indirect financial interest in this Agreement, nor has participated in any decision relating to this Agreement that is prohibited by law. Developer represents and warrants that, to the best of its knowledge, no officer, agent, employee or representative of the City or the CRA has received any payment or other consideration for the making of this Agreement, directly or indirectly from Developer. Developer represents and warrants that it has not been paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement, other than normal costs of conducting business and costs of professional services such as architects, engineers, and attorneys. Developer acknowledges that City and CRA are relying upon the foregoing representations and warranties in entering into this Agreement and would not enter into this Agreement absent the same. Section 24,11 No Partnership. The parties hereby acknowledge that it is not their intention under this Agreement to create between themselves a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership or agency relationship for any purpose whatsoever. Accordingly, notwithstanding any expressions or provisions contained herein, nothing in this Agreement or the other Project Documents shall be construed or deemed to create, or to express an intent to create, a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership or agency relationship of any kind or nature whatsoever between the parties hereto. The provisions of this Section shall survive termination of this Agreement. Section 24.12 No Permit. This Agreement is not and shall not be construed as a development permit, development approval or authorization to commence development, nor shall it relieve the Developer of the obligations to obtain necessary Comprehensive Plan amendments and development approvals that are required under applicable law and under and pursuant to the terms of this Agreement. Section 24.13 Not a Section 163.3220 Fla. Stats. Develooment Agreement. Developer and City acknowledge and agree that this Agreement is not intended to and does not constitute a Development Agreement under the Florida Local Government Development Agreement Act (Sections 163.3220 - 163.3243, Fla. Stats.). Section 24.14 Time Periods. Any time period which shall end on a day other than a Business Day shall be deemed to extend to the next Business Day. Section 24.15 No Third Partv Beneficiaries. Nothing in this Agreement shall confer upon 31 any Person, other than the parties hereto and their respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement; provided, however, that a Developer lender shall be a third party beneficiary hereunder to the extent such Recognized Mortgagee is granted rights hereunder. Section 24.16 Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, DEVELOPER, CITY AND CRA WAIVE KNOWINGLY AND VOLUNT ARIL Y FOR ITSELF AND ALL PERSONS CLAIMING BY OR THROUGH THEM, ALL RIGHT TO TRIAL BY JURY IN ANY OTHER JUDICIAL PROCEEDINGS HEREAFTER INSTITUTED, IN RESPECT OF THIS AGREEMENT. Section 24.17 Recordation. A short form Memorandum of Development and Disposition Agreement, in the form attached hereto as Exhibit "X", shall be recorded by the Developer. The CRA agrees to execute the short form Memorandum of Agreement for this purpose. CITY OF BOYNTON BEACH By: Title: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Title: INTOWN PARTNERS, LLC By: Title: 32 XI. - NEW BUSINESS 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 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) [g] March 5, 2007 February 12,2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 13, 2007 January 22, 2007 0 April 3, 2007 March 19, 2007 (Noon) 0 Announcements/Presentati ons 0 City Manager's Report NATURE OF 0 Administrative [g] New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Discussion ofa Local Lobbyist Registration Ordinance. EXPLANATION: Palm Beach County currently has a Lobbyist Registration Ordinance that requires that the fullest opportunity be afforded to the people to petition their County government for the redress of grievances and to express freely to the elected officials their opinions on legislation and other actions and issues. Palm Beach County has deemed it necessary that the identity and activities of certain persons who engage in efforts to influence Commissioners, Advisory Board members and employees on matters within their official duties, be publicly and regularly disclosed. PROGRAM IMPACT: Should the City of Boynton Beach decide to adopt such an ordinance, local lobbyists would be identified and expected to adhere to a documented process and procedure. FISCAL IMPACT: N/A ALTERNATIVES: Not to discuss a Local Lobbyist Registration Ordinance. .~ Department Head's Signature City Manager's Signature Assistant to City Manager ~ Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC THE PALM BEACH COUNTY LOBBYIST REGISTRATION ORDINANCE 2 3 ORDINANCE 2003-018 (effective July 1, 2003), AS AMENDED BY ORDINANCE 2003-055 (effective November 25, 2003) 4 5 6 [The following represents a consolidation for reference purposes only of the two Ordinances cited above. The ordinance titles, the recitals, and other non-substantive provisions have been removed for the convenience of the reader. For exact text. please refer to the original Ordinances.} 7 Section 1. Title and PUfDose. 8 A. This Ordinance may be cited as the "Palm Beach County Lobbyist Registration Ordinance." 9 B. The Board of County Commissioners of Palm Beach County hereby determines that the 10 operation of responsible government requires that the fullest opportunity be afforded to the people 11 to petition their County government for the redress of grievances and to express freely to the elected 12 officials their opinions on legislation and other actions and issues; that to preserve and maintain the 13 integrity of the governmental decision-making process, it is necessary that the identity and activities 14 of certain Persons who engage in efforts to influence County Commissioners, Advisory Board 15 members, and Employees on matters within their officIal duties, be publicly and regularly disclosed. 16 Section 2. Definitions. 17 A. Unless expressly provided herein to the contrary, for purposes of this Ordinance, the 18 following definitions will apply: 19 ] "Advisory Board" will mean any advisory or quasi-judicial board created by the 20 Board of County CommIssioners. 21 2. "Board" will mean the Board of County Commissioners of Palm Beach County, 22 Florida. 23 3. "County Commissioner" will mean any member of the Board of County 24 Commissioners of Palm Beach County, Florida. 25 4. "Employee" will mean all personnel employed by the Board of County 26 Commissioners. 27 5. "Lobbying" shall mean seeking to influence the decision of any County 28 Commissioner, any Advisory Board member, or any Employee with respect to the passage, defeat 29 or modification of any item which may foreseeably be presented for consideration to the Advisory 30 Board or Board of County Commissioners as applicable. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2G 27 28 29 30 6. "Lobbyist" shall mean any Person who is employed and receives payment, or who contracts for economic consideration, for the purpose of Lobbying on behalf of a Principal. "Lobbyist" shall not include any Employee as defined by this ordinance when acting in the course of his or her emp loyment, any elected local official when the official is Lobbying on behalf of the governmental agency which the official serves, or any member of the official's staff when such staff member is Lobbying on an occasional basis on behalfofthe governmental agency by which the staff member is employed. 7. "Person" shall mean individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations (profit or not-for-profit), professional corporations, or associations, and all other groups or combinations however constituted. 8. "Principal" shall mean the Person or entity a Lobbyist represents for the purpose of Lobbying. Section 3. Rel!istration. A. Registration Required. All Lobbyists shall register with County Administration before engaging in Lobbying. Every Lobbyist shall submit a form prepared by County Administration and shall state his or her name, address, the name and address of each Principal represented, the general and specific areas ofJegislative interest, and the nature and extent of any direct business association or partnership with any current County Commissioner, Advisory Board member, or Employee. A Lobbyist's registration shall automatically expire on December 31 st of the year ofregistration. If at any time during the year, a Lobbyist commences representing a Principal for which the Lobbyist has not registered pursuant to this Ordinance, such Lobbyist shall register with respect to that Principal prior to Lobbying. Lobbying prior to registration is prohibited. B. Registration Exceptions. Registration shall not be required for the following: 1. County Commissioners, Advisory Board members or Employees discussing matters relevant to their official duties; 2. Persons tln6i::r i::ontract "ith the County who communicate witb COIIRty Commissioners, Advisory Board members or Employees regarding issues related only to the performance of their services under their contract; 3. Any Person who lobbies only in his or her individual capacity for the purpose of self- representation; 2 2 4. Any Person who appears before the Board or Advisory Board in a quasi-judicial proceeding. 3 C. False Statements. A Lobbyist shall not knowingly make, or cause to be made, a false 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 statement or misrepresentation in maintaining registratIOn or when Lobbying County Commissioners, Advisory Board Members, or Employees. Section 4. Record of Lobbvinl! Contacts. A. Contact Log. Except when appearing before the Board or any Advisory Board, all Persons shall sign, for each instance of Lobbying, contact logs maintained and available in the office of reception of each department of County government. The Person shall provide his or her name, whether or not the Person is a Lobbyist as defined in this Ordinance, the name of each Principal, if any, represented in the course of the particular contact, and the subject matter of the Lobbying contact. All contact logs shall be transmitted to the County Administrator at the end of each calendar quarter. B. Lobbying Outside of County Offices. In the event that a Lobbyist engages in Lobbying which is outside of County offices, and which is a scheduled appointment initiated by any Person for the purpose of Lobbying, the Lobbyist shall advise the Commissioner's office or Employee's department office as appropriate of the calendar scheduling of an appointment and the subject matter of the Lobbying contact. Section 5. Cone of Silence. A. "Cone of Silence" means a prohibition on any communication, except for written 22 correspondence, regarding a particular Request for Proposal, Request for Qualification, bid, or any other competitive solicitation between: 23 24 25 1. Any Person or Person's representative seeking an award from such competitive solicitation, and 2. Any County Commissioner or Commissioner's staff, or any Employee authorized to 26 act on behalf gf the CO]:J"mi~~ion to o"v~rc1 " port;",,!or ",m!rae! 27 28 29 B. For the purposes of this Section, a Person's representative shall include but not be limited to the Person's employee, partner, officer, director, consultant, Lobbyist, or any actual or potential subcontractor or consultant of the Person. 2 3 4 5 6 7 8 9 10 1 I 12 13 14 15 16 17 18 19 20 21 C. The Cone of Silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. Each Request for Proposal, Request for Qualification, bid, or any other competitive solicitation shall provide notice of Cone of Silence requirements and refer to this Ordinance. D. The provisions of this Ordinance shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the Board, and protest hearings. Further, the Cone of Silence shall not apply to contract negotiations between any Employee and the intended awardee, any dispute resolution process following the filing of a protest between the Person filing the protest and any Employee, or any written correspondence at any time with any Employee, County Commissioner, or Advisory Board Member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. E. The Cone of Silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the Palm Beach County Purchasing Ordinance (Palm Beach County Code Chapter 2, Article III, Division 2, Part A, Section 2.51, et seq.). F. The Cone of Silence shall terminate at the time the Board, or a County Department authorized to act on behalf of the Board, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. Section 6. Enforcement. A. If the County Administrator is informed of any Person engaged in Lobbying activities who 23 has failed to comply with the requirements of this Ordinance, he or she shall conduct an investigation as deemed necessary under the circumstances. In the event the County Administrator determines that a violation has occurred based on the results of the investigation, the following enforcement procedures shall apply. 22 24 25 26 27 28 B. A notice of violation shall be transmitted to the Person indicating the nature of the violation 29 and the penalty imposod. Tho Lgb\:))~st shall have up tg thirty days after the date of the Jlotice to ~eek appeal of the penalty. In the event the Lobbyist fails to submit an appeal in writing to the County Administrator within thirty days of the date of such notice, the violation shall be deemed final, and the penalty imposed shall be effective immediately. 4 C. Appeals of any decisions of the County Administrator shall be referred to a special master 2 for hearin g. 3 I. Creation and Appointment. Appeal hearings pursuant to this Ordinance shall be 4 conducted by designated special masters. Applications for special master positions shall be directed 5 to the County Administrator pursuant to a notice published in a newspaper of general circulation. 6 The County Administrator shall select a pool of candidates from applications filed on the basis of 7 experience and qualifications. The County Administrator shall appoint each special master to 8 conduct each hearing from the pool of candidates selected, as necessary. A special master shall be 9 a graduate of a law school accredited by the American Bar Association, and a current member in 10 good standing of The Florida Bar. The County Administrator shall give preference to those attorneys 11 who have prior experience in a judiciary capacity, or as a hearing officer, mediator, or special master. 12 Special masters shall serve without compensation for their services, and shall not be considered 13 Employees. Travel reimbursement is limited to expenses incurred only for travel outside Palm Beach 14 County necessary to fulfill their responsibilities as a special master. ] 5 2. Conduct of Hearing. Hearings before the special master shall be conducted as ]6 follows: 17 a. Persons seeking appeal will receive written notice by certified mail of the 1 Q , u heanng no less than fifteen working days in advance of the hearing. The specIal master shall 19 render a decision on the appeal within fifteen working days after the case was heard. 20 b. The special master shall provide Persons seeking appeal and any County 21 representatives an opportunity to present testimony and evidence. All testimony shall be 22 under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental 23 due process shall be observed and shall govern the proceedings. The special master, in his 24 or her discretion, may exclude irrelevant, immaterial, or unduly repetitious evidence, but all 25 other evidence ofa type commonly relied upon by reasonably prudent Persons in the conduct 26 of their aff~irs ,hall hp "rlm;"ihlp, whpthp.T or not "",h evirlence wOlllrl he arlmissible in a 27 trial in the courts of Florida. Any part of the evidence may be received in written form. 28 c. The decision of the special master is final and appealable by writ of certiorari 29 pursuant to the Florida Rules of Appellate Procedure. :' 2 3 4 5 6 7 8 9 10 11 ,2 13 14 15 16 17 18 19 20 21 22 D. The validity of any action taken by the Board, the Advisory Boards, or any Employees, shall not be affected by the failure of any Person to comply with the provisions of this Ordinance. Section 7. Penalties. A. Violations of the Palm Beach County Lobbyist Registration Ordinance shall be punishable as follows. 1. Failure to properly register as required by Section 3 ofthis Ordinance shall be deemed a single violation, punishable by a fine of two hundred fifty dollars ($250.00) per day for each day an unregistered Lobbyist engages in Lobbying activity, in an amount not to exceed a total of two thousand five hundred dollars ($2,500.00). 2. Failure to properly provide Lobbying contact information as required by Section 4 of this Ordinance shall be punishable by a fine of two hundred fifty dollars ($250.00) for each violation. 3. Violations of the Cone of Silence set forth in Section 5 of this Ordinance shall be punishable by a fine of two hundred fifty dollars ($250.00) for each violation. 4. Any Person who knowingly makes or causes to be made a false statement or misrepresentation in maintaining a Lobbyist registration shall be subject to a fine of two hundred fifty dollars ($250.00) for each violation. 5. Any Person who violates the provisions of this Ordinance more than once during a twelve-month period shall be prohibited from Lobbying as follows: A second violation shall result in a prohibition of one year; a third violation shall result in a prohibition of two years. 6. The penalties provided in this section shall be exclusive penalties imposed for any violation of the registration, contact log, and Cone of Silence requirements of this Ordinance. Failure 6 or refusal of any Lobbyist to comply with any order of the County or special master shall be 2 punishable as provided by law, and shall otherwise be subject to such civil remedies as the County 3 may pursue, including injunctive relief. * * * Q :\Publnf\LegAff\lobbY1S't_ ord_ J ] -03, wpd .., I ~Sl\1'Y o~ \, f... \ I ' ~\," ' ," 'Ix 0\ ... Iv J..'"'-,", ,'" J<\'"' ^.C- -, k'ON \:Jl XI. - NEW BUSINESS ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) [g] March 5, 2007 February 12,2007 (Noon) 0 January 16,2007 January 2,2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon) 0 February 13, 2007 January 22, 2007 0 April 3,2007 March 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative [g] New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Discussion of amendment to City of Boynton Beach Code of Ordinances to require super- majority vote of the City Commission for Dissolution of the CRA. EXPLANATION: Pursuant to Fla. Stat 163.357, the City Commission may, by resolution, declare itself to be the Community Redevelopment Agency. The City Commission may wish to consider an ordinance restricting the Commission's ability to designate itself the Community Redevelopment Agency by requiring that such designation occur only with a super-majority vote of the City Commission. A change of that nature is inconsistent with the statutory scheme which grants the City Commission the power to implement changes to the governing board of the CRA. An Ordinance requiring change by super majority would, in and of itself, be subject to rescission by a normal majority vote. In light of these restraints it seems legally unnecessary to implement the suggested modification. PROGRAM IMP ACT: Policy decision. FISCAL IMP ACT: Unknown at this time. AL TERNA TIVES: Maintain the status quo. ~~<: DepartmentHead's Signature v~o (~ t-~1nager's SIgnature Assistant to City Manager ~ City Attorney Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC JldlUlt::::, (X... \...-Utl:'lHUllUlI . \' 1'\:\\ .....)ldlUll...,:-, . '-.1111111"- .,)lIJl~lillh, J (_l;:..\.._ j 1.,1 163.357 Governing body as the community redevelopment agency.-- (1 )(a) As an alternative to the appointment of not fewer than five or more than seven members of the agency, the governing body may, at the time of the adoption of a resolution under s. 163.155, or at any time thereafter by adoption of a resolution, declare itself to be an agency, in which case all the rights, powers, duties, privileges, and immunities vested by this part in an agency will be vested in the governing body of the county or municipality, subject to all responsibilities and liabilities imposed or incurred. (b) The members of the governing body shall be the members of the agency, but such members constitute the head of a legal entity, separate, distinct, and independent from the governing body of the county or municipality. If the governing body declares itself to be an agency which already exists, the new agency is subject to all of the responsibilities and liabilities imposed or incurred by the existing agency. (c) A governing body which consists of five members may appoint two additional persons to act as members of the community redevelopment agency. The terms of office of the additional members shall be for 4 years, except that the first person appointed shall initially serve a term of 2 years. Persons appointed under this section are subject to all provisions of this part relating to appointed members of a community redevelopment agency. (d) As provided in an interlocal agreement between the governing body that created the agency and one or more taxing authorities, one or more members of the board of commissioners of the agency may be representatives of a taxing authority, including members of that taxing authority's governing body, whose membership on the board of commissioners of the agency would be considered an additional duty of office as a member of the taxing authority governing body. (2) Nothing in this part prevents the governing body from conferring the rights, powers, privileges, duties, and immunities of a community redevelopment agency upon any entity in existence on July 1, 1977, which has been authorized by law to function as a downtown development board or authority or as any other body the purpose of which is to prevent and eliminate slums and blight through community redevelopment plans. Any entity in existence on July 1, 1977, which has been vested with the rights, powers, privileges, duties, and immunities of a community redevelopment agency is subject to all provisions and responsibilities imposed by this part, notwithstanding any provisions to the contrary in any law or amendment thereto which established the entity. Nothing in this act shall be construed to impair or diminish any powers of any redevelopment agency or other entity as referred to herein in existence on the effective date of this act or to repeal, modify, or amend any law establishing such entity, except as specifically set forth herein. History.--s. 2, ch. 77-391; s. 75, ch. 79-400; s. 2, ch. 83-231; s. 5, ch. 84-356; s. 3, ch. 2006-307. http://www.leg.state.f1.us/statutes/index.cfm ?mode=View%20Statutes&SubMenu=] &App... 2/20/2007 ~1"Y 0"" ,:'~, (.: '.,-, '-' / . - -",- .~> I ... ..' ' ,(j) \ . .! J: \10" ju 'J.-'~ ,- ',." ,. . . /" \,. v_ >--'" ..-'""<'\V "eN P XII. - LEGAL - 2nd Reading Non-Development 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 Citv Clerk's Office D December 5, 2006 November 20,2006 (Noon,) D D January 2, 2007 December 18,2006 (Noon) ~ March 5, 2007 February 12,2007 (Noon) D January 16,2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) 0 February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) o City Manager's Report o New Business d. :"") Consent Agenda [gI Legal 2 'l.. R~l~:3 ~~ Code Compliance & Legal Settlements 0 Unfinished Business i;; -< 0 P bl' H ' D :z: <, .." U IC earmg 'CD r-tl0 \.0 -.., RECOMMENDATION: Motion to amend the Land Development Regulations' Chapters 5,6 & 7 to clarify thai.811 p~ii and private development projects are subject to surety requirements, ::E (;'/'6 W ~z EXPLANATION: Certain chapters within the Land Development Regulations contain surety requirements for ~ou~~ specific elements within each chapter, but not in total of all of the components that effect land development proj~, ~f; proposed ordinance clarifies the applicability and delineation of those tasks that require surety throughout any developm~. NATURE OF AGENDA ITEM o o o o o Administrative Announcements/Presentations PROGRAM IMPACT: None FISCAL IMPACT: None AL TERNA TIVES: Continue with fragmented regulations as they relate to surety requirements. ; /!-~entHoad"s;gnatw, ~:'S;;"tw, ~ Public Warks / Engineering Division Department Name Assistant to City Manager \.C- City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 07 - 2 3 4 AN ORDINANCE OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 AMENDING CHAPTER 5, ARTICLE V, SECTION 2A2, 7 CHAPTER 6, ARTICLE V, SECTION 7, AND ARTICLE 8 VI, SECTIONS 1 & 3, TO CLARIFY THAT ALL 9 PUBLIC AND PRIVATE DEVELOPMENT IS SUBJECT 10 TO SURETY REQUIREMENTS, AND AMENDING 11 CHAPTER 7, ARTICLE I, SECTION 2(A), ALL 12 CONTAINED IN THE LAND DEVELOPMENT 13 REGULATIONS, CLARIFYING THE APPLICABILITY 14 AND DELINEATION OF THOSE TASKS THAT 15 REQUIRE SURETY IN LAND DEVELOPMENT; 16 PROVIDING FOR CONFLICTS, SEVERABILITY, 17 CODIFICATION AND AN EFFECTIVE DATE. 18 19 20 WHEREAS, the City Commission finds that the above titled code references 21 regarding surety requirements for land development projects needs to be clarified and 22 defined clearly; and 23 WHEREAS, the City Commission has noted that other chapters in the Land 24 Development Regulations (LDR) [Chapters 5, 6, 7,5, 8 and 22] require surety for those 25 applicable items noted within each respective chapter, but not in total of all of the 26 components that effect land development projects. 27 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY 28 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing Whereas clauses are true and correct and incorporated 30 herein by this reference, 31 Section 2, Chapters 5, 6 & 7 of the LDR are hereby amended as follows: 32 33 34 LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III 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 * * * CHAPTER 5 PLATTING * * * ARTICLE V. PLAT PREPARATION AND APPROVAL * * * Sec. 2. Submission of final plat. * * * A.2. Surety guaranteeing that all work required whether public or private, that ,<vill not be constructed, O\vned and maintained in perpetuity by the developer and his successor and/or assigns will be completed in full accordance with the plat and approved construction plans; with all conditions attached thereto; and with Boynton Beach Land Development Regulations, provided that no suroty is required for sewage collection and transmission systems, ,vater distribution systems and transmission systems 'Nhich '.'lill be con';eyed to the city upon completion of their construction. Surety for required utility system improvements shall be coordinated directly with the Utilities Department, whether they will remain private or conveyed to the city upon completion of their construction. Surety shall be substantially in the form and amount delineated in Chapter 7; and * * * CHAPTER 6 REQUIRED IMPROVEMENTS * * * ARTICLE V. CONSTRUCTION OF REQUIRED IMPROVEMENTS * * * Sec. 7. Obtaining Certificates of Occupancy. No Certificates of Occupancy will be issued for buildings in the platted subdivision until all required improvements are completed, approved and/or iHl€l accepted by the City, except that a developer may, at his option, post additional 110% surety in compliance with Chapter 7 for work which may be more prudently put in place subsequent to building construction such as sidewalks and landscaping. Certificates of Occupancy will not be issued for the final ten (10) percent of the buildings until such work is approved and/or accepted by the city as completed. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1 ARTICLE VI. ACCEPTANCE AND MAINTENANCE OF REQUIRED 2 IMPROVEMENTS 3 4 Sec. 1. Workmanship and material agreement. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The developer shall execute and deliver to the city a cash bond or other acceptable surety in an amount detennined by the city engineer, guaranteeing the required improvements whether public or private, that are dedicated to the public for against defect in workmanship and material for one (1) year after acceptance of such improvements by the City Commission. Surety shall be as specified in Chapter 7 and shall be delivered to the city simultaneously with the satisfactory delivery of the documents required in Article V, Section 5, of this chapter. * * * Sec. 3. City completion of required improvements. When a plat has been recorded and the developer fails to complete the improvements required by this ordinance, the City Commission may, at it's option, complete the publicly or privately owned and maintained improvements or restore the site to its original condition under the guarantees provided by the developer. In such case, the City Commission shall direct the city engineer to call upon the guarantees as outlined in Chapter 7, Article I, Section 2, paragraph D. * * * "l'7 L./ CHAPTER 7 SURETY ARTICLE I. IN GENERAL * * * Sec. 2. Applicability A. When required. Whenever surety is required within the Boynton Beach Code of Ordinances and/or Land Development Regulations it shall be provided in the form and manner prescribed in Section 3 hereinafter. The type of surety shall be determined by the administrator of the code section involved, and shall be acceptable to the Boynton Beach City Attorney. Required improvements shall include all those items stipulated in Chapter 6, Article III of the LDR including restoration of the lands disturbed by said improvements. Surety for required utility system improvements shall be coordinated directly with the Utilities Department, whether they will remain private 1 2 3 4 5 6 7 or converyed to the city upon completion of their construction. It shall also include any off-site areas disturbed to install any improvements required by the proiect. Surety shall be required for improvements associated with all planned developments, to wit, PCDs, Pills, PUDs, etc, 8 Section 3. Each and every other provISIOn of said chapters, not herein 9 specifically amended shall remain in full force and effect as previously enacted. 10 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 11 same are hereby repealed. 12 Section 5. Should any section or provision of this Ordinance or portion hereof, 13 an paragraph, sentence or word be declared by a court of competent jurisdiction to be 14 invalid, such decision shall not affect the remainder of this Ordinance. 15 Section 6. Authority is hereby granted to codify this said Ordinance. 16 Section 7. The Ordinance shall become effective immediately after passage. 17 18 {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} FIRST READING this _ day of .2007, 2 SECOND, FINAL READING AND PASSAGE this day of 3 2007, 4 5 CITY OF BOYNTON BEACH. FLORIDA 6 7 8 9 Mayor - Jerry Taylor 10 11 12 Vice Mayor - Jose Rodriguez 13 14 15 16 17 18 19 20 21 22 ATTEST: Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner ~ Carl McKoy )" _J 24 25 26 27 28 City Clerk (CORPORA TE SEAL)