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Agenda 08-07-07 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA AUGUST 7, 2007 Jerry Taylor Mayor - At Large Kurt Bressner City Manager DISTRI T I Jose Rodriguez Vice Mayor Ron Weiland Commissioner - District I Mack McCray Commissioner - District II Carl McKoy Commissioner - District IV James Cherof 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 PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING Revised Final Draft Agenda August 7, 2007 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Dr. Solomon Rothstein - Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray 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: 1. City Services Institute will be held September 10 -- November 19, 2007 to acquaint residents and business owners with the structure of City government and to provide them with information and tours of City facilities in an entertaining and informative manner that will enable them to become more fully involved in the community. Participants will be charged $25 each. B. Community and Special Events: None C. Presentations: 1. Proclamations a. Florida Water Professional Week -- August 6 - 10, 2007. Agenda Regular City Commission Boynton Beach, FL August 7, 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 IV McKoy Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 III Rodriguez Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (2) Mayor Taylor Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 III Rodriguez Cemetery Board Alt 9 mo term to 12/07 Mayor Taylor Code Compliance Board Alt 9 mo term to 12/07 I Weiland Code Compliance Board Alt 9 mo term to 12/07 Mayor Taylor Community Relations Board Alt 9 mo term to 12/07 Tabled (2) IV McKoy Community Relations Board Alt 9 mo term to 12/07 Tabled (3) I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/08 II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Mayor Taylor Education & Youth Advisory Board Stu NfV 9 mo term to 12/07 II McCray Recreation & Parks Board Alt 9 mo term to 12/07 Mayor Taylor Veterans Advisory Commission Alt 9 mo term to 12/07 I Weiland Veterans Advisory Commission Reg 33 mo term to 12/09 II McCray Veterans Advisory Commission Alt 9 mo term to 12/07 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. Budget Workshop - July 10, 2007 2. Agenda Preview Conference - July 13, 2007 3. Regular City Commission - July 17, 2007 2 Agenda Regular City Commission Boynton Beach, FL August 7, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Award the "RE-BID OF REQUEST FOR QUALIFICATIONS FROM AN OPERATOR TO ASSEMBLE, CONSTRUCT (interior) AND OPERATE A 808 SQFT CAFE FOR A FIVE YEAR LEASE INSIDE THE NEW BOYNTON BEACH LIBRARY", RFQ #061-261O-07/JA to Big Brothers Inc., d/b/a P. Logan's Coffee of Wellington, Florida per terms of the lease agreement. Monthly lease payments will be made to the City of Boynton Beach in the amount of $1,500 per month to be increased by 2.5 percent annually thereafter. In addition the City will receive $200 per month for utility expenses for total revenue in the amount of $1,700 per month. 2. Approve a three-year contract with PHILLIPS & JORDAN, INC. of Robinsville, NC, for Debris Collection and Disposal 2007 Hurricane Season. The RFP #07-240, is to be utilized as an insurance policy on an 'AS NEEDED BASIS". All expenditures will be eligible for reimbursement from FEMA. (Proposed Resolution No. R07-084) C. Resolutions 1. Proposed Resolution No. R07-079 RE: Amending Rule #17 and Rule #3-M of the Cemetery Rules & Regulations.(Tabled to August 7, 2007) (Request to table to August 21, 2007) 2. Proposed Resolution No. R07-085 RE: Approving and authorizing execution and payment of the annual service agreement between Motorola and the City of Boynton Beach in the amount of $131,753.28. 3. Proposed Resolution No. R07-086 RE: Approving and authorizing execution of an Agreement between Palm Beach County and the City of Boynton Beach to provide funding in an amount up to $380,000 for improvements to Boat Club Park. 4. Proposed Resolution No. R07-087 RE: Approving the adoption of the City of Boynton Beach Five Year Consolidated/One Year Action Plan for Community Development Block Grant funding for FY 2007/2008, and the contracts for subgrantees to reflect the proposed expenditures as outlined in program impact. 5. Proposed Resolution No. R07-088 RE: Approving, Task Order #1 for the RFP: "SCADA and Telemetry Goods and Services" RFP #037-2821-07/0D in the amount of $1,394,247.90. 6. (Intentionally left blank) 3 Agenda Regular City Commission Boynton Beach, FL August 7, 2007 7. Proposed Resolution No. R07-089 RE: Approving and authorizing execution of Library Change Order #9 wherein the current contractual date of Substantial Completion of the work is revised to July 13, 2007 and also approve a revised contract award amount to Sessoms Construction in the amount of $6,710,717.95, plus contingency amount of $200,000 for a total contract amount of $6,910,717.95. 8. Proposed Resolution No. R07-90 RE: Ratifying the action of the South Central Regional Wastewater Treatment & Disposal Board action of July 19, 2007. a. Accepting the 2007/2008 organizational chart and salary range revision. b. Accepting the 2007-2008 wastewater and reclaim O&M budgets and wastewater repair and replacement expenditures. c. Authorizing the Board to establish a reclaim user rate to consumers (Delray and Plant) for fiscal year 2007/2008 of $0.28/1,000 gallons. d. Authorizing the establishment of a user rate in Fiscal Year 2007- 2008 for wastewater in the amount of $.85/1,000 gallons for Operations and Maintenance and $.18/1,000 gallons for reserves bringing the total to $1.03 per 1,000 gallons. e. Authorizing approval of Hazen and Sawyer's Consulting Services Work Order No. 07-005 to provide construction phase services for the construction of the Reclaimed Water System Expansion to 24 MGD in the amount not to exceed $510,080 to be split 50/50 from each City's Capital Funds. f. Authorizing the increase of J,J. Kirlin's Contract for constructing the 6-MGD Reuse Expansion with a Change Order by $98,322 increasing the total contract from $5,315,000 to $5,413,320. The amount of these expenditures is to be split 50/50 from each City's Capital Funds. g. Authorizing Robert J. Hagel to execute the contract with Youngquist Brothers, Inc. for $6,297,384 on behalf of the Board to construct the deepwell after the FDEP Permit for construction of the injection well becomes final. The amount of these expenditures is to be split 50/50 from each City's Capital Fund. h. Authorizing Robert J. Hagel to execute the contract with John J. Kirlin, Inc. for $9,912,500 on behalf of the Board to construct the Reclaimed Water System expansion to 24 MGD when FDEP Permit 4 Agenda Regular City Commission Boynton Beach, FL August 7, 2007 becomes final. The amount of these expenditures is to be split 50/50 from each City's Capital Fund. D. Approve the PRESERVE AT BOYNTON BEACH Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). 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. Project: Agent: Owner: Location: Description: B. Project: Agent: Location: Descri ption: HARBOR CAY (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard. Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. (Tabled to August 21, 2007) ALLEY BETWEEN NE 7th AVENUE/NE 8th AVENUE (ABAN 07-003) City-initiated Alley between NE 7th Avenue and NE 8th Avenue, east of Federal Highway. Request for abandonment of an alley between NE 7th Avenue and NE 8th Avenue, along the boundary of the Lake Addition and Boynton Place Subdivisions. (1st Reading of Proposed Ordinance No. 07-019) IX. CITY MANAGER'S REPORT: A. Authorization to pursue the formation of a 501c3 not-for-profit corporation called the Boynton Beach Community Foundation and to develop the slate of Board of Directors for initial appointment by the City Commission. B. Request for direction and authorization from City Commission regarding Veteran's Memorial proposed by the Veteran's Council. 5 Agenda Regular City Commission Boynton Beach, FL August 7, 2007 X. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School -- August 21, 2007. XI. NEW BUSINESS: A. Discussion of City Ordinance 00-69. B. Discussion of City Resolution 07-065. C. Discussion of City Resolution 03-164. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-017 RE: Amending the City of Boynton Beach Code of Ordinances, Chapter 16, "Parks and Recreation", Article II, "City Parks and Beaches", City of Boynton Beach Code of Ordinances. 2. Proposed Ordinance No. 07-018 RE: Amending Chapter 26, Water, Sewers and City Utilities, amending Section 26-42 deleting paragraph (8) relating to the surcharge for potable water during the declaration of a water shortage or water shortage emergency. C. Ordinances - 1st Reading None D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None 6 Agenda Regular City Commission Boynton Beach, FL August 7, 2007 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 ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda 08/06/07 10:30 a.m. S:\CC\WP\CCAGENDA\AGENDAS\year 2007\080707 Final Draft.doc 7 lH.-ANNOUNCEMENTS & PRESENTATIONS Item A.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\... Requested City Commission Date Final Fonn Must be Turned Requested City Commission Meeting: Dates in to City Clerk's Office Meeting Dates 0 April 17,2007 April 2, 2007 (Noon.) 0 June 19, 2007 0 May 1, 2007 April 16,2007 (Noon) 0 July 3, 2007 0 May 15, 2007 April 30, 2007 (Noon) 0 July 17,2007 0 June 5, 2007 May 14,2007 (Noon) rgJ August 7, 2007 Date Final Fonn Must be Turned in to City Clerk's Office June 4, 2007 (Noon) June 18, 2007 (Noon) July 2, 2007 (Noon) July 16, 2007 (Noo.!!) (=._~~ NATURE OF AGENDA ITEM rgJ AnnouncementslPresentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o o o o o City Manager's Report'- New Business G~I Legal Unfmished Business ~. RECOMMENDATION: Permit announcement EXPLANA TION: The City will hold a City Services Institute from September 10-November 19, 2007. This 1 O-week course was developed to acquaint residents and business owners with the structure of City government and to provide them with information and tours of City facilities in an entertaining and informative manner that will enable them to become more fully involved in the community. The goal of the Institute is to open the doors of City government and discover a wealth of information that will make participants a rea] authority and resource for their neighbors, organizations and clubs. By the end of the course, which includes a graduation ceremony and dinner, participants will have a better understanding of how the City operates and will have established relationships with department directors and staff that will enable them to more easily conduct their business with the City. PROGRAM IMPACT: This announcement will heighten public awareness of the City Services Institute and encourage participation. FISCAL IMPACT: $2,300 has been budgeted for this activity and will come from 001-1212-519-49-17 ($1,200); 001- ]212-519-48-01 ($650); and 001-1212-519-47-10 ($500). Participants will be charged $25 each to help cover class materials and ensure commitment and attendance. ALTERNATIVES: Not permit announcement -tJ~"L ~ ~fi~ Departm t Hea . SIgnature ) 41ay/~ City Manager's Signature Assistant to City Manager C;u{J Public Affairs Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\... In.-ANNOUNCEMENTS & PRESENTATIONS Item C.1.a Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19, 2007 June 4, 2007 (Noon) 0 May 1,2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18, 2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) [2J August 7, 2007 July 16,2007 (Noon) NATURE OF AGENDA ITEM [2J Announcements/Presentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o City Manager's Report o New Business o Legal o Unfinished Business o c..... (=~~~ r.....~'- G..:' -; RECOMMENDATION: Present Proclamation G. EXPLANA TION: Each year, the Florida Water & Pollution Control Operators Association recognizes water, wdstewafer and system operators for their dedication in maintaini.ig water quality in the state of Florida. The association does this by . proclaiming a week in the month of August as "Florida Water, Wastewater and Systems Operators Week." This year, the organization is expanding its recognition to all water industry employees and is renaming the occasion to Florida Water Professional Week and has asked the City to join in recognizing the efforts of water, wastewater and system operators by issuing this proclamation. PROGRAM IMPACT: This proclamation will help heighten public awareness of the role of Florida water professionals in protecting the health of citizens and preserving natural resources. FISCAL IMPACT: None AL TERNA TIVES: Not present Proclamation UJ~~L ~~ Depa . t H. 's Signature ~~ City Manager's Signature Assistant to City Manager cM../ Public Affairs City Attorney / Finance Department Name S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM. DOC PROCLAMA TION Clean water is essential for good health, recreation, fish and wildlife, and industry. Water treatment plant operators treat water so that it is safe to drink. Wastewater treatment plant operators remove harmful pollutants from domestic and industrial wastewater so that it is safe to return to the environment. Throughout the state of Florida, these trained, dedicated and knowledgeable personnel design, operate and maintain water and wastewater plants; design, operate and maintain distribution systems, wastewater collection and storm water drainage systems; perform laboratory analysis; and provide customer service. Each year, the Florida Water & Pollution Control Operators Association recognizes operators for their dedication in maintaining water quality in the state of Florida. This year, recognition has been expanded to all water industry employees for their commitment to maintaining drinking water quality and preserving natural resources in Florida. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim August 6-10,2007, as: Florida Water Professional Week in Boynton Beach and urge all citizens to reflect on the valuable service provided to the community by these water professionals. 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, the 7th day of August, two thousand and seven. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) V. ADMINISTRATIVE ITEM A. APPLICANT ELIGIBLE FOR APPOINTMENT 8/7 NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION SUBMITTED Barnes Matthew Planning & Arts Commission 03/05/07 Development Board Cwynar William Planning & 02/28/07 Development Board * * * Leuchter Kurt Veterans Advisory 5/9/07 Commission ***Kurt Leuchter lives outside the City limits. The Veterans Advisory Commission does allow one regular member and one alternate member to reside outside the City limits. Those two positions are currently filled. 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR1u VI.-CONSENT AGENDA ITEM 8.1 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) ~ August 7, 2007 July 16, 2007 (Noon) r'-.....:.'i 0 AnnouncementslPresentations 0 City Manager's Report , , NATURE OF 0 Administrative 0 New Business AGENDA ITEM (..,. r8J Consent Agenda 0 Legal , ' \",.JC" 0 Code Compliance & Legal Settlements 0 UnfInished Business ,... 0 Public Hearing 0 RECOMMENDATION: A motion to award the "RE-BID OF REQUEST FOR QUALIFICATIONS FROM A.t~ OPERATOR TO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A 808 SQFT CAFE FOR A (5) FIVE YEAR LEASE INSIDE THE NEW BOYNTON BEACH LIBRARY", RFQ# 061-2610-07/JA to Big Brothers Inc., dba P. Logan's Coffee, of Wellington, Florida per terms of the lease agreement attached. Monthly lease payments will be made to the City of Boynton Beach in the amount of $1,500.00 per month to be increased by 2.5 percent annually thereafter. In addition the City will also receive $200.00 per month for utility expenses for total revenue in the amount of $1,700.00 per month. EFFECTIVE DATE OF LEASE: August 8, 2007 to August 7, 2008 EXPLANATION: At the April 30, 2007 bid opening for the RFQ for Cafe operations Procurement Services received zero (0) proposals. Upon receiving zero (0) proposals Procurement Services re-bid the Request for Qualifications for the Cafe Operations and on July 10, 2007 opened and tabulated one (1) proposal. The review team made an unexpected visit to their store in Wellington and found the food to be of high quality as well as experiencing superior customer service. The premises were very clean and well maintained. They found the owner to be professional and very interested and excited about the possibilities of the Library location. PROGRAM IMPACT: The City of Boynton Beach is seeking an operator to assemble, construct (interior) and operate a cafe for a 5 (five) year lease inside the new Boynton Beach City Library, located at 208 S. Seacrest Blvd, Boynton Beach, Florida. FISCAL IMPACT: The lease agreement will be $1,500.00 per month, with an additional $200.00 per month for the use of utilities for a total of $1,700.00 monthly. Comparable Data: The City of Delray Library leases a 934 sqft cafe for $1,500.00 per month compared to the City of Boynton's proposed lease of a smaller facility which is 808 sqft for $1,700.00 per month. The City of Boynton Beach also receives $2,100.00 per month for the lease of the Oceanfront Park (Beach) concession stand. Procurement Services opinion is that the proposed $1,700.00 per month is a fair and equitable amount of rental income for the size and type of space the vendor will be operating. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM REVENUE ACCOUNT Rents & Royalties/ Library Cafe 001-0000-362-83-00 TOT AL A..~NUAL INCOME Lease Agreement $20,400.00 Year One (12 month period) $20,850.00 Year Two $21 ,311.25 Year Three $21,784.03 Year Four $22.268.63 Year Five *Note: $200.00 per month for utilities is a fixed cost year one (1) and is negotiable thereafter. 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Clark, Library Director Phone (561) 742-6380 FAX (561) 742-6381 www.boyntonlibrary.org , TO: Bobby Jenkins, Assistant Finance Director FROM: Craig Clark, Library Director \ DATE: July 12, 2007 RE: Library Cafe Bid Recommendation One Request for Qualifications (RFQ) was submitted to me by our Procurement Department for the lease of the Library Cafe Space. The Bid Review Team consisted of Anne Watts, Assistant Library Director, Michael Naughton, Network Administrator and 1. It was unanimous that we would like to recommend the bid be awarded to Big Brother Coffee, Inc., dba P. Logan's Coffee. Attached, please find our scoring criterion forms. The review team made a surprise visit their store in Wellington and found the food to be of high quality as well as experiencing superior customer service. We found the owner to be professional and very interested and excited about the possibilities at the Library location. P. Logan's is willing to give a 15% discount of food and drink to City employees and senior citizens. We find the pricing to be acceptable to market and believe they will achieve great success here in Boynton. This will also attract new customers to use our new City Library as well as creating a new revenue stream that will support the City's General Fund by approximately $18,000 the first year. Please recommend approval by the City Commission at the August 7, 2007 Commission Meeting. The deadline to submit an Agenda Item Request to the City Clerk is July 16, 2007 at noon. If you have any additional questions, please contact me at 6392. The Boynton Beach City Library provides our customers with the highest quality informational resources and personal service. Proposal Review Score Sheet RE-BID OF REQUEST FOR QUALIFICATIONS FROM AN OPERATORTO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FOR A 5 (FIVE) YEAR LEASE INSIDE THE NEW BOYNTON BEACH CITY LIBRARY '7' /7..-1--i Firm Name:' )~ ~j_ 1i/lc:-{ju'.r /1 v Proposal Evaluation Criteria Weight *Rating Weighted Rated Franchise Experience 2 x :~ ~ Proven Record of Financial Stability - Ability to p~ Monthly Lease Pq.yment 2 X"j V Sample Menu -Food Selections 1 X (5' 5 1 X 4' if . , C;' -' 1 X !7 Sanlple Menu - Pricing Taste Testing Ability, Experience & Willingness to Reconstruct the Space appropria~ly 2 X if ~( Successful Submittal of Five Current Business Re~rences c:.. 1 X tJ '--.j Maximum score possible is 50 ( . .3 c.r':/' t/;;' ~~,,).c/v::'--cL_~, - J L~ *Rating . 5 Excellent 4 Good 3 Acceptable 1-2 Poor o Unacceptable Ii ,/J., J /'~L4- CU',c-IL-- !J Committee Member COMMENTS: 13 Proposal Review Score Sheet RE-BID OF REQUEST FOR QUALIFICATIONS FROM AN OPERATORTO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FOR A 5 (FIVE) YEAR LEASE INSIDE THE NEW BOYNTON BEACH CITY LIBRARY Fim1 Name: \) \ .< Y , \.-..~0<:::, c:::,.), $";, .~ Proposal Evaluation Criteria Weigh t *Rating Weighted Rated Franchise Experience 2 x ~\ El-., , , / / Proven Record of Financial Stability - Ability to Pa~ ronthlY Lease pa~1en.c.....t 2 X_ L..... f~ Sample Menu -Food Selections S 5 X Sample Menu - Pricing X 5 S Taste Testing X S 5 Ability, Experience & Willingness to Reconstruct the Space appropriately 2 'X_~ I L/ Successful Submittal of Five Current Business References n '=- \=-. x. .J '-" Maximum score possible is 50 ~/ l-:; *Rating 5 Excellent 4 Good 3 Acceptable 1-2 Poor o Unacceptable Un" €- ~ CL\.i,.~ Committee Member COlvIMENTS: 1 ~ :) Proposal Review Score Sheet RE-BID OF REQUEST FOR QUALIFICATIONS FROM AN OPERATORTO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FOR A 5 (FIVE) YEAR LEASE INSIDE THE NEW BOYNTON BEACH CITY LIBRARY Fim1 Name: fSl~ ~v()k (0 {-fee ....--;-. PAX- Proposal Evaluation Criteria Weight *Rating Weighted Rated (~ Franchise Experience 2 x ;:; Proven Record of Financial Stability - Ability to Pay Monthly Lease Parent 2 X 3 1 x 5' L[ S s L{ S Sample Menu -Food Selections Sample Menu - Pricing 1 x Taste Testing 1 x Ability, Experience & Willingness to Reconstruct th~ Space appropriately V 2 X Y 0 Successful Submittal of Five Current Business Ref~nces 1 X ') \ -/ * Rating 5 Excellent 4 Good 3 Acceptable 1-2 Poor o Unacceptable .--~..----........, /' /- ./"' " /'~4 Maximum score possible is 50 13 REQUEST FOR QUALICATIONS FROM AN OPERATOR TO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FOR A (5) FIVE YEARS INSIDE THE NEW BOYNTON BEACH CITY LIBRARY THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter refened to as "the City", and BIG BROTHERS COFFE INC., D.B.A P. LOGANS COFFEE, hereinafter refened to as "the Operator", in consideration of the mutual benefits, tenns, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Operator is retained by the City to perfom1 Concessionaire services in connection with the project designated REQUEST FOR QUALIFICATIONS FROM AN OPERATOR TO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FOR A (5) FIVE YEAR LEASE INSIDE THE NEW BOYNTON BEACH CITY LIBRARY, located at 208 S. Seacrest Blvd, Boynton Beach, Florida. I SCOPE OF SERVICES. Operator agrees to perform the services, identified on Exhibit "B" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. LEASEHOLD PREMISES. The City agrees to lease to an Operator a portion of the designated City facility located at the Boynton Beach City Library. Location is at the North East comer, first floor of the ne\v two story addition. The facility, a concrete structure of approximately 711 square feet, to include a 97 square feet storage room. The space is designated as the "cafe", and is owned by the City of Boynton Beach, Florida and operated for the selling of food and beverages for library patrons. 4. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Operator to proceed. Operator shall perform all services and provide all work required pursuant to this operator for five (5) years from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 5. PAYMENT. The Concessionaire shall pay the City a sum of $1.500.00 each month for the first twelve (12) months of the lease agreement. Subsequent payments each month shall be based on Exhibit "B" attached hereto, a lease payment schedule based on the proposal from Concessionaire dated Julv 08. 2007. a. Said payment shall be made and received by the City on or before the 15t day of each and every month. A late fee of 15% will be charged if payment is received after the 5th day of the month. Any monthly payment not received by the 25th day of the month shall be grounds for tem1ination of the contract. b. Operator will keep accurate records of all sales and receipts through the use of electronic cash registers, which provide daily tapes and reports. The Operator \vill prepare a monthly report to the City and attach copies of daily tapes of each report. The CA-l City will have the right to inspect the books, records and inventories of the Operator at any given time. Monthly reports shall be due on the first of each month. c. Final payment of any balance due the City of the total contract price will be made promptly upon its ascertainment and verification by the City after the completion of concession services under this agreement and its acceptance by the City. d. Security deposit of $2,000.00 made by the Operator at time of award will be returned to Operator at the end of the lease, without interest, after determination that the Operator has fulfilled all terms of the lease and left the premises in adequate condition, as deternlined by the Library Director. e. The Operator's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the final payments. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Operator in connection with the services rendered under this agreement shall be the property of the City 7. COMPLIANCE WITH LAWS. Operator shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Operator shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Operator's own employees, or damage to property occasioned by a negligent act, omission or failure of the Operator. 9. INSURANCE. The Operator shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1 ,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within ten (10) days of notice of award and every year thereafter upon renewal for the duration of the contract. 10. INDEPENDENT CONTRACTOR. The Operator and the City agree that the Operator is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Operator nor any employee of Operator shall be entitled to any benefits accorded City employees by virtue of the services provided under CA-2 this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Operator, or any employee of Operator. 11. COVENANT AGAINST CONTINGENT FEES. The Operator warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Operator, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Operator. any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. THE OPERATOR, WITH REGARD TO THE WORK PERFORMED BY IT UNDER THIS AGREEMENT, WILL NOT DISCRIMINATE ON THE GROUNDS OF RA.CE, COLOR, NATIONAL ORIGIN, RELIGION, CREED, AGE, SEX OR THE PRESENCE OF ANY PHYSICAL OR SENSORY HANDICAP IN THE SELECTION AND RETENTION OF EMPLOYEES OR PROCUREMENT OF MATERIALS OR SUPPLIES. 13. ASSIG~1vfE1'~T. TIle Operator shall not sublet or assign an)' of the ser~,!ices covered b)-' this agreement without the express written consent of the City. 14. NON- \^1i.~IVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this agreement thirty (30) days after delivery of written notice of such termination and reason (s) for the lease termination. b. In the event of the death of a member, partner or officer of the Operator, or any of its supervisory personnel assigned to the project, the surviving members of the Operator hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Operator and the City, if the City so chooses. c. This lease agreement may be terminated immediately for default of monthly payn1ent as stated in item # 5-A of this contract. d. This lease agreement may, at the option of the City, be tenninated immediately if the Operator shall become insolvent or bankrupt, make an assignment for the benefit of creditors or be convicted of a crime or any other similar gross misconduct. CA-: 16. RENEW AL. The Deputy Finance Director may renew the contract, at the same tenns, conditions, and prices, for two (2) additional one (1) year periods subj ect to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 17. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 18. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 208 S. Seacrest Blvd. Boynton Beach, Florida, 33425 Attn: Craig Clark, Library Director Notices to Operator shall be sent to the following address: Big Brothers Coffee Inc. D.B.A. P. Logans Coffee 1037 StateRd 7 Suite 113 Wellington, Fl 33414 Attn: Horace Cunningham 19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Operator and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Operator. DATED this _ day of ,20_ CITY OF BOYNTON BEACH City Manager Operator Attest! Authenticated: Title CA-4 City Clerk Approved as to Forn1: Office of the City Attorney Rev CA-:, (Corporate Seal) Attest! Authenticated: Secretary 122/91 EXHIBIT "B Scope of Services Related Responsibilities: 1. Operator shall propose a monthly lease payment to the City with increases shown over the duration ofthe contract 2. Operator shall submit a sample menu with proposal to include the brand name of the product being offered and a detailed description of the item. Menu is to reflect the increase in price over a five (5) year period. 3. Operator shall provide all working capital, operating equipment, and inventory necessary to effectively manage the cafe. All construction costs are to be borne by the operator. 4. Sample/Layout to be submitted with proposal, to include all furnishings. 5. In addition to the monthly lease amount, there will be an additional charge for the operator's usage of utilities, including but not limited to electric and water, at the cafe facility. The amount of utilities will be $200.00 per month for the first year of Agreement. The City reserves the right to adjust the amount of the monthly amount charged for utilities each year for the term of the Agreement, including any renewal periods, to account for the operator's actual utility usage during the previous year 6. The City shall not operate any competing cafe at the City of Boynton Beach Library without the operators' approval, or without the operator having the first option as to additional operations. 7. The operator will sell food and beverages as allowed by the City of Boynton Beach. 8. Operator may offer non-consumables for sale. Non-consumables may include, but are not limited to coffee mugs, hats or tee shirts; however, the City of Boynton Beach reserves the right to have the final approval of such items. No alcohol or tobacco products shall be offered for sale. 9. City may request the operator to offer the sale of, but not limited to t-shirts, book bags fashioned with the City, Library, and! or Friend's of the Boynton Beach City Library logo. These items will be inventoried by the City and all proceeds from their sale will be paid to the City or the Friends of the Boynton Beach City Library in addition to the monthly lease payment. 10. City shall not be responsible for any goods or equipment stored at the cafe or storage room nor will it be responsible for damage resulting from a power failure, flood, fire, theft, vandalism, explosion and/or other causes. 11. The City reserves the right to inspect premises at any time. CA-6 12. The operator shall keep accurate records of all sales and receipts through the use or electronic cash registers which provide daily tapes and rep0l1s. The operator \vill prepare a monthly rep0l1 and mail to: Craig Clark. Library Director, 208 S. Seacrest Boulevard, Boynton Beach, Florida, and attach copies of the daily tapes of each rep0l1. Report will be due the 1 S\ of each month along with the lease payment. The City shall have the right to inspect the books, records and inventories of the operator at any qiven time 13. At time of award, the operator shall file with the Library Director, a $2,000.00 security deposit, refundable at the end of the term, without interest, after the detemlination that the operator has fulfilled all terms of the lease and left the premises in adequate condition. (nomlal wear and tear), as detemlined by the Library Director. 14. All construction fees (i.e. labor and materials) are to be bome by the operator. FOOD PRODUCTS: 1. All foods, drinks, beverages, confectionery, refreslunents, and the like sold or kept for Sale, shall be of FIRST QUALITY and conform in all respects to the federal, state, and municipal food and other laws, ordinances, and regulation. Pre-packaged food must be labeled with contents and expiration date. 7 No imitation, adulterated, or misbranded miic1e shall be sold or kept for sale, and all products kept on hand shall be stored and handled with due regard for sanitation. Leftover perishable products shall not be sold at any time. 3. Operator shall utilize Branded Products (i.e. Bamey's Coffee, Pepsi, Coca Cola, etc.). 4. The Operator will be responsible for the purchase, inventory and security of all food products offered for sale in the cafe. 5. The Operator shall arrange for the delivery of supplies used at the Cafe site, and in a manner so that such deliveries do not create congestion or undue interference with regular operation and maintenance of the site. 6. Items sold by the Operator are restricted by the City of Boynton Beach. Deep fat frying and flame grilling is not permitted: 7. The City of Boynton Beach shall reserve the right to "taste test" all menu items to insure quality. 8. The City shall detennine the final approval on what menu items are used. Approval will not be unreasonably withheld. CA-I EQUIPMENT: 1. The operator will use all its own equipment that is approved by the appropriate governing agency. Equipment may include, but is not limited to refrigeration, microwave oven, non- flammable grilling equipment, and/or toaster oven. A list of all cooking appliances must be submitted with proposal. SIGNAGE/ ADVERTISING: 1. Signs, advertising materials, posters, and other such material used by the operator shall be subject to the zoning laws and approval of the City Manager. HOURS AND DATES OF OPERATIONS: 1. State in your proposal your schedule of operations to be approved by the City. CAFE PERSONNEL: 1. The operator will provide, supervise, and compensate all cafe employees. The staff will be employees of the operator not the City. The operator shall at all times be an independent contractor and the agreement shall not in any way create or form a partnership or joint venture with the City. No agent, servant, or employee of the operator shall under any circumstances be deemed an agent, servant, or employee of the City. 2. Consumption of alcoholic beverages, smoking, and use of tobacco products is prohibited inside the Library. 3. Operator's personnel shall, at all times, present a neat appearance. 4. Personnel who pose a potential security risk must be replaced by the operator. 5. All employees must wear a badge to identify the company they are representing and their name. If a security badge is not issued by the operator, our Police Department will issue one for a nominal fee. 6. Operator shall provide a list of employees to the City and provide proof that the employer has done a background check with the State of Florida Department of Law Enforcement and the results of the background check for each employee who will be working at the cafe. City shall retain the right to prohibit an employee from working at the cafe based on the results of the background check. 7. The Operator shall employ only competent personnel to perform cafe services. In the event that the City, in its sole discretion, any time of this lease agreement, desires the removal of any person or persons employed by the operator to perform cafe services pursuant to this lease agreement, operator shall remove any such person immediately upon receiving notice from the City of the desire of the City for the removal of such person or persons. CA-8 8. Operator shall maintain copies of Material Safety Data Sheets (MSDS' s) for all of the products used in the performance of the contract on the premises. The MSDS' s shall be accessible to the operator's employees and to the City employees for the purpose of reference with regard to toxic and hazardous properties, precautions on what to take and what to do in case of emergency. Operator shall follow all Library Building policies pertaining to emergencies and non-emergency drills. SANITATION: 1. Operator will be responsible for bringing their trash and garbage to the designated dumpster or recycling areas. ') Operator shall make every effort to assist the City in keeping the area free from debris and litter. 3. Operator is responsible for complying with all Fire Codes and all City Ordinances, recycling rules, regulations, and laws of the City and/or appropriate governmental bodies. Operator shall be responsible for keeping all equipment in a clean and sanitary condition. 4. Operator shall operate the cafe in accordance with all laws, ordinances, regulations, and rules of Federal, State, Palm Beach County and the City of Boynton Beach authority. including the standards of cleanliness, safety, and health. TERM OF CONTRACT: 1. No amendment of final contract shall be available unless mutually agreed upon between operator and the City of Boynton Beach, formalized in writing and signed duly authorized officers of both parties. 2. This lease agreement may, at the option of the City, be tern1inated immediately if the Operator CaIIDot give a proven record of financial stability or bankrupt, make an assignment for the benefit of creditors or if operator has been convicted of a Clime or any other similar gross misconduct. 3. Operator shall propose a monthly lease payment to the City with increases shown over the duration of the contract. CA-9 QUALIFIER ACKNOWLEDGEMENT Submit RFQ's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City):, 2007 RFQ Title: RE-BID OF REQUEST FOR QUALIFICATIONS FROM AN OPERATOR TO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FORA 5 (FIVE) YEAR LEASE INSIDE THE NEW BOYNTON BEACH CITY LIBRARY RFQ Number: 061-2610-07/JA RFQ Received By: July 10, 2007, NO LATER THAN 2:30 P.M. (LOCAL TIME) RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date and time is scheduled for: July 10,2007, NO LATER THAN 2:30 P.l'l'1. (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 of the City. Name of Operator: 7j;~ ~t'Mf?r? (lc?~e.-:z;J(! 7J.#41?109/l-/t/5 t1~ Federal LD. Number: c?tJ ~ 8'" /'ij//9/t) A Corporation of the State of: r ft.e>O/1- Area Code: J-6/ Telephone Number: 333'- 5?- 6 ?- Area Code: .;5-;; / FAX Number: 3cF:3-7c?77 City/State/Zip: /t13 7 7~rk Uhh//C77~ / KD "7 7///7e //3 rL- ??1/// / Mailing Address: Email Address: 749/'1n/s ~J ~ r? / tfd~/C - ("l t!~ ~L%3 Name Typed 21 THIS PAGE TO BE SUBMITTED ALONG \VITH RESPONSE ADD END A CITY OF BOYNTON BEACH FLORIDA RFQ TITLE: QUALIFIER: DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Fonn, to furnish all material, equipment, machinery, tools, apparatus, means of transpoIiation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: (Name of Project Manager/Architect/Operator) and having examined the project site (when indicated in these specifications to do so), we propose to perfonn the work of this Proj ect according to the Contract documents and the following addenda which we have received: ^ T'lTYCl\.1l\T Thlf ...~.L/L.1'1i..Ll'I....,...'lV.l DATE 6 T1TYc~TT1T Thlf ~ l...J.......".L-/.J,.....,..i. ".J-/ '-'..I.'.L DATE 22 THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE Al~D 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. 3. 4. * attach additional sheets giving the information 1. Name of Qualifier: <----;2 '/7 ' / d} /./" -- 7 ,(7/ t-. DA'~,Y-/j tp .d-- (c /~ t<L ..//l/ C /,(J 3'7 7//l-k ~ 7 ~I' A //-5 , Jt,6b/c/7~>/ ~ "'5 3~ Y / 2. Business Address: When Organized: ~I/ /~ dc)o/ ( .fi/t'/~~ Where Incorporated: 5. How r;BJ1Y ye~have you been engaged in business under the present firm name? 0-d2P~ /~ ft,f #e -4 ~~0~a ,0'/V'e ~/O 6. General character of work performed by your company. -r;;// c;r'/(//;-~ 8~l? ~/~Z1.4 (?t7 ~e:. ~p ~r/Z~~' ~~JE. o~/- 7. Enclose evidence of possession ofrequired licenses and/or business permits. 8. Number of employees. y 9. :::::::a::i:experience of principal mem; 110m personnel, includmg officers * Have you ever defaulted on a contract? If so, where and why?* 10. 11. 23 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE STATEl\IENT OF QUALIFICATIONS continued...... 12. Experience in perfoI111ance of work similar in importance to this project. Proj ect )~~L;/l?YS /1~? S Value Contact Name Phone #- -7,/?/; .-- , 'J/J../, (Odd , . /;Z/lo / ;:C{A c' ~/ ..:77../ - ,7/j? ..3Jj ~ 13. Contracts on hand. * 14. Largest completed projects (include final cost). 1) /v!A- I T\ -; / /~ /../:1- r ;". .... _/...4-- L-l/ r , / 3) 15. List alllawsuits (related to similar projects) or arbitration w which you have been a party and which: * TV/A 1) arose from performance: * 2) occurred within the last 4 years: * 3) provide case number and style: * Dated at: day of 20 this By: (v.Titten signature) Name: (printed or typed) Title: 24 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein 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 b an offi er of the corporation. By: Sworn and subscribed before me this C(-n+ day of ~UL\J I I ,20 01 Printed Infonnation: ~~~- a~~/~ , NAME / j( &e-$ ~~_ TITLE Florida --;:j;64/l~ ~t"'~- a~~- -7/t/C-. COMPANY .ytJ.' "I/~ ~'f> ERICA MARIE SED ;.~. ~ MY COMMISSION # 00539601 OFf\.1il EXPIRES Apr 11.2010 _ (407) 398.()153 Floods Notary S8rVJce.com "OFFICIAL NOTARY SEAL" STAMP 25 THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE At"l"D ACCEPTABLE NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER State of /~//~'-:/L./;'/ County of~::~;::1 ,/;~;k:/:';/ ,/'7tx::'/lz:-7i::- /. /',.... L ._~~~..r{.,";:;..,L/'. f1.,~/';_" _/:~:,i;:T7--;~"'~_ , being first duly swom. deposes and says tllat: . / r'--:-;:/ 1) He is ///(l{ ~<:?.:;' (Title) has submitted the attached RFQ: of-7:-~. (/? /fA/' dw (d/~744'the qualifier that (Name of Corporation or Finn) 2) He is fully infol111ed 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) Fmiher, 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, fin11 or person to submit a collusive or sham RFQ in cormection \vith the Contract for which the attached RFP has been submitted or to refrain from bidding in cOImection with such Contract, or has 111 any mam1er. directly or indirectly, sought by agreement or collusion or communications or conference \-vlth any other qualifier, fim1 or person to fix the price or prices in the attached RFP or of an) other qualifier, or to irx any overhead, profit or cost element of the RFQ price or the RFQ pIice of any other qualifier, or to secure througlLan~ collusion, conspiracy, connivance or unlawful agreement any advantage against the l5;v/'/77:p./ .~. ,~# (Local Public Agency) or any person interested in the proposed Coi1tract; 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 pari of the qualifier or any of its agents, representatives, owners, employees. or parties in interest, including this affiant. (Signed) (Title) Subscribed and s,vorn to before me r-l ' This "-,-rf.\ day of II i Llj I ~1y commission expiresf\fL!...1 L , 20 1il [\/ /'('IC - $~v~v~~ ~-;;-C:~:~-;l .,. ~.., MY COMMISSION # DD~39601 ! ~r~QF'i\.",$ EXPIRES Apr. 11.2010 (407) 398-0153 ~-I()rirj(;; No1S.1\' Se;-vlce,com ' ..............-~~-----......--.--~'----- 26 THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE A.l~D ACCEPTABLE CONFIRMATION OF MINORITY OWNED BUSINESS A requested fom1 to be made a pari of our files for future use and infom1ation. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this fom1 with your bid proposal sheet making it an official part of your bid response. I~ Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: () AMERICAN INDIAN () ASIAN ~ BLACK () HISP ANIC () WOMEN () OTHER (specify) ( ) NOT .A...PPLICWLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO 1>( \ If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification 27 THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE CONFIRMATION OF DRUG,FREE \VORKPLACE IDENTICAL TIE SlJBMITTALS Preference shall be given to businesses with drug-free \vorkplace programs. \Vhenever t\VO or more submittals which are equal with respect to pIice, 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 operators have a drug-free \vorkplace program. In order to have a drug-free workplace program, a business shalL I) Publish a statement notifying employees that the unlav/ful manufacture, distribution. dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of SUC]1 prohibition. 2) Infom1 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 viola60ns. 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) II1 the state111el1t specified in subsection (1); notify the emplo)/ee tl1at~ as a COl1dition of working on the commodities or comractual 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 OCCUlTing 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 effon to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement~ I certify that.~.th. i .~firm complies fully with the above requirements. ,~i // /'" /.. // .../ / //// //~ / "";' t. ~~~~~-:; -' );>~erator's Si,mature ./ ~r ~ /' / ,... 28 THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE A:'\'D ACCEPTABLE z o -- .... ~ ::.. -- U ..... Eo- ~ -< :.. r./) - ..... ....... f-< ~ o Z o c ~ o ::l., >- z -< - ~ c:l ~ ...... r......""l ..... Q:l :; '-' ~ rJ'J ~ ~ ~ E- Z ~ rJ'J rJ'J ~ Z - rJ'J ~ ~ >< Eo-< ..... ,.., - o z - ~ ...... ~ z -- E- U ;$ ..... E-< Z o U :0 ~ rJ'J - o z o ~ < == ~ ~ < A.. 8 2t o f-< U ~ f-< Z o U c:::l ;:) r./) >- Z < .. o u z - i-< r./) :3 o ~ -" ~ ~ o < r~ - o ;;;;;:l ~ ~ ~ r~' - ..... - U rJ'J - - ::E c:::l ;:) r./) o f-< ;2 < r./) . ""z 80 0[/'1 a~ c::l_ >- z < cG o ~ >< ~ ~ ~ - E-<..J U>< ;;;;lE- ~- E-U rJ'J_ z..... 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Logan's Coffee Balance Sheet As of June 30, 2007 July 30, 2007 ASSETS Current Assets Bank of America Account # 898007544690 23,073.34 Total Checking/Savings 23,073.34 Total Current Assets 23,073.34 Fixed Assets Equipment Accumulated Total Fixed Assets 14,500.00 -725.00 13,775.00 Total Assets 36,848.34 LIABILITY & EQUITY Liability Long Term Liabilities Loan from Shareholders 70,185.80 Total Long Term Liabilities 70~185.80 Total Liabilities Equity Net Income 70,185.80 -33,337.46 Total ~quity -33,337.46 TOTAL LIABILITIES & EQUITY 36,848.34 DRIGINAL Proposed leased agreement monthly lease payment for $1,500.00 per month with a 2.5% increase per year for a total of five years. BUSINESS REFERENCES 1- Mr. Gary Lite Tomberg's Chicken 9148 Forest Hills Blvd., Wellington, Fl33414 561-721-1212 2- Mr. Tania Mercado Dump Your Junk, 2004 Reston Circle, RPB, FI, 33411 561-383-7222 3- Mr. Errol Wilson All Diesel 1035 St. Road, 7, Wellington, Fl 33414 561-719-5964 4- Mr. Tom Le Petite Pan 12636 South 3rd Street, Lantana, F1 33462 561-582-5844 5- Christina Waters Christy's Bakery 1345 South Shore, Wellington, Fl 33414 561-795-3244 i~ Horace B. Cunningham III 9418 Madewood Ct Royal Palm Beach, FL 33411 1990-1993 KFC General Manager New York, NY 1986-1990 Wendeast Corporation (Wendy) General Manager New York, NY 1976-1986 21 st Century (McDonalds) General Manager, Area Supervisor New York, NY I have over 25 years of restaurant experience with the following establishments: McDonaJds, Wendy's and Kentucky Fried Chicken. I've held position such as a manager, and trainer of new owners operations. I then went on to owning my own establishment (Italian Deli) in Massapequa, Long Island. These experiences have given me the capability and the knowledge to open and run a successful operation currently in Wellington area called P. Logan's Coffee. We emphasize on quality services, customer satisfaction and cleanliness. Big Brothers Inc, DBA as P. Logan's Coffee is premium Coffee house soon to be a franchise in the state of Florida ORIGINAL oC r- eg eg eg RX: ~ tI I t~~ 1JJ II II \'l) le ~,:: [J I II ~ D~ ~ II II ~ ~II .. . 11 I' /" . (~ / + [t] -l" ~~[]] '0 U [T1~ 0"1. Cl)> r1Vl ~(")r;l [T1 "0 :'JI U'! I r[T1"O "0 0 (fJ -7 Og::;o :;0 - :E)>[T1 rr'I .. ~U'! Vl '< [T1U'! U'! Ul n-.,n N :;00 0 " )>00 , -2" J2'.~" &'-6" .,2'.a:l" 0 e'.4" U'!Or :.. , !Js.> [, ~ ,,'-'~ I . ~ , , ~ , '\ 0 :r. 0 II ..... to "Tl l51 0 "0 0 o. 9 (/l n"TlC""J YJ :r>-Oo U'!05 ~ 1/ / )/ 1"'"10 ~ , / / ~ r;D- [T10 r-'" ... o~ ....../ :;E:r>- f.I.i ~ Q -:; ~ 7 [T1 ~ ....---- ......... II 0 ;:0 0 a 1<' ~ Ul~ ::~ o 01...) ~ d! r-.... "'...-H--.... ....-l _"0 z> , t .... ,/ II .... ,,- I ;:<;::0 t} \ I II '\ / -4 ~ I \ I I s: 10\ I ' ~ I \/ II \/ I [T1 ......... ....---- I _J Ul tJ- z v 0....... -I "Tl :;Q-i 7.J I 1"I"J::r:J ,.,., 0)> ,." r11./) N ::':r.: ,"Tl ~ ~~ ::0 I~ ^ ~~ ...-...----.....-- --......-...-" ...-. ._- -......-.-.....---....----- - --- \ State of Florida Department of Agriculture and Consumer Services Division of Food Safety 850-245-5520 2007 Firm Number Expiration Date Fee Amount Paid Permit Number :310064 : Decem ber 31, 2007 : $410.00 : 07-2283450-2407643 Annual Food Permit GOOD FOR ONE LOCATION This permit is issued under authority of Section 500.12, Florida Statutes, to Firm Type : SPECIALTY FOOD SHOPS P LOGANS COFFEE 1037 S STATE ROAD 7 STE 113 WELLINGTON FL 33414 2007 dJlI~ CHARLES H. BRONSON, Commissioner F:)rm '403.20: . i19~ Food Permits are required of any business or person in the business of manufacturing, processing, packing. holding, preparing. or selling food at wholesale or retail. This Food Permit may be suspended upon notice for violations of Chapter 500. F.S or Depanment rules. You are responsible for renewing this Food Permit before January 1 st, each year. For renewal information please contact the Department at (850) 245-5520. OR/GINN. 11/29/06 \ metroPCS Call Detail Request Form Email to:~elmetro@metropcs.com Yes e. No (Full Name) No Call Detail Dates Requested: From 41'1 Through ~o From Through From Through From Through The Customer Understands: There is a $50.00 (plus tax) non-refundable charge for each 30 day request (30 day period does not 0 need to coincide with their bill cycle). 0 The payment for this charge needs to be made at the time of the retjuest~ If the customer needs to go to the store for payment, please advise him/her that if payment is not made 0 within 72 hours the request will be cancelled. 0 It will take up to seven business days for this request to be completed. The call detail records will display: the phone numbers called (roil/ the MetroPCS phone (outgoing), the 0 duration of the call, along with the date and time. The records will not display phone numbers of calls to the MetroPCS phone (incoming). The field will read "incoming" and then show the: date, time and duration of the call. I I !::'l)/OCl metroP(~~S Call Detail Request Form Email to:telmetro@metropcs.com )'es No (Fu]) Name) No Date of Rec uest Your Name Name un Account Rec uestor Was Accoljnt Holder (if not their name) Verified Account Security Accuunt Number MDN Market How Would Customer Like To Receive Information: Email Customer Email Address Customer Mallin T Address Customer Made Pa yment Y ('s DT Charge Was A) )Iied (only )rovlsion if ayment was made) Ycs SMS Message Was Sent To The Phone For Which The CDl<. Is Yes Bein Re ucstcd )'cs Mail Pick U ) A t Store No No No en!! DetHi! Dates HNpll'stcd: Fro III Through F1'rC)!!l Through Fro III Through F 1'0 Jl1 Through The Customcr Understands: There is a $50.00 (plus tax) nOIHefundable charge for each 30 day request (:10 clay period docs not 0 need to coincide with their bill cycle). 0 The payment for this charge needs to be macle at the time of the retlLlest~ If the customer needs to go to the store for payment, please advise him/her that if payment is not made 0 within 72 hours the request will be cancelled. 10 It will take up to scven bf/silless daj's for this request to be completed. ~ The call detail records will display: the phone numbers called (rom the MetroPCS phone ((1utgoing), the o duration of (h: call, along with the ~ateand time. Th~,rccords w,~llllot display phone numbers of calls!Q the !vletroPCS phone (Incomlllg). 1he field w1l1 read Incomll1g and then show the: c1atc, time and I duration of the call. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.2. Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed Meetinl! Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4. 2007 (Noon) 0 May 1, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15, 2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) [2J August 7, 2007 July 16, 2007 (Noon ):...._ --,-- ~ . 0 AnnouncementslPresenta tions 0 City Manager's Report --= NATURE OF 0 Administrative 0 New Business AGENDA ITEM [2J Consent Agenda 0 Legal 0 0 Unfinished Business ~- Code Compliance & Legal Settlements .t" ~ 0 Public Hearing 0 RECOMMENDATION: A motion to approve a Three-Year contract with PHILLIPS & JORDAN INC., of Robinsville, North Carolina, for Debris Collection and Disposal 2007 Hurricane Season. The RFP# 07-240, is to be utilized as an insurance policy on an "AS NEEDED BASIS". All expenditures will be eligible for reimbursement from FEMA. CONTRACT PERIOD: June 14, 2007 to June 13, 2010. EXPLA...l~ATION: On July 3, 2007, Commission approved the Piggy-Back of the contract with Solid Waste Authority, of Palm Beach County to PHILLIPS & JORDAN INC., of Robinsville, North Carolina. Procurement Services is requesting a contract on behalf of the City of Boynton Beach to be issued to Phillips & Jordan, per resolution # PROGRAM IMP ACT: Due to critical nature of this service it is imperative to have a contract in place in order to avoid delays should there be a hurricane/disaster/emergency situation. Contract for Debris Collection and Disposal is reimbursed through FEMA. FISCAL IMP ~ cn D,b..".. movol "p..dit..." .... ,ngib" fo.. ...'mbo"'m..~ ,t-P-z City Manager's Signature CfrvL/ Assistant to City Manager City Attorney / Finance Procurement Services Cc: Larry Quinn - Solid Waste Manager Chief Immler - Police Chief Carisse Lejeune - Assistant to the City Manager Central File Chris Roberts - Assistant Public Works Director Chief Bingham - Fire Chief Chuck Magazine - Risk Manager File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 , A c I I ~" RESOLUTION NO. R- 07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A THREE (3) YEAR AGREEMENT WITH PHILLIPS & JORDAl\', INC., FOR DEBRIS COLLECTIOl\' AND DISPOSAL BEGINNING THE 2007 HURRICANE SEASON; PROVIDING Al\' EFFECTIVE DATE. WHEREAS, due to the critical nature of this service it is imperative to have a contract in place in order to avoid delays should there be a hunicane/disaster/emergency situation; and \VHEREAS, The RFP # 00-240/JMD is to be utilized as an insurance policy on an 16 "as needed basis". Contract for debris collection and disposal is reimbursable through 17,. FEMA. 18 NO'V~ THEREFORE~ BE IT RESOLVED BY THE CITY COMMISSION OF II 191' THE CITY OF BOYNTON BEACH~ FLORIDA, THAT: 20 Section 1. Each Whereas clause set forth above IS true and conect and 21 incorporated herein by this reference. 22 Section 2. The City Commission of the City of BOy11ton Beach. Florida. l1ereby 23 approves a three (3) year Contract with Phillips & Jordan, Inc., of Robinsvil1e, NOlih 24 Caroline for debris collection and disposal beginning the 2007 hunicane season, a cop:. of 25 which is attached hereto as Exhibit "A". 26 Section 3. That this Resolution shall become effective immediately. S:\CA\RESOlAgreements\Bid Awards\Phillips & Jordan Debris removal (2007 3 yr).doc PASSED AND ADOPTED this _ day of August, 2007. 2 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 M. Prainito, CMC 26 City Clerk 27 28 29 (Corporate Seal) 30 31 32 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA\RESO\Agreements\Bid Awards\Phillips & Jordan Debris removal (2007 3 yr).doc AGREEMENT THIS IS AN AGREEMENT, dated this 7th day of August, 2007, by and between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter "City", and PHILLIPS & JORDAN, INC., a North Carolina corporation authorized to do business in the state of Florida, FEIN 56-0694573, hereinafter "Contractor" . WHEREAS, the City has the need to procure the services of a qualified contractor to provide hurricane/disaster debris collection, removal, reduction, and disposal ("Services"); and WHEREAS, Solid Waste Authority of Palm Beach County ("SW A") competitively bid for these Services under RFP 07-224/JMD (Contract No. 07-240); and WHEREAS, Contractor submitted a bid in response to the S'yVA Request for Proposal; and 'VHEREAS, after receipt of said proposal from Contractor, SWA entered into a three- year contract with Contractor to provide services, said Contract having an effective date of June 14, 2007, copies of which are attached hereto and made a part hereof as composite Exhibit "A" ("SW A Contract"); and WHEREAS, the City of Boynton Beach has reviewed the scope of services of the competitively bid SW A Contract, and has detem1ined that it is an agreement that can be utilized by the City to provide said Services to the City of Boynton Beach; and WHEREAS, the SW A Contract authorizes the Contractor to enter into an agreement with the City under a piggybacking arrangement; and WHEREAS, Contractor has agreed to honor the prices and terms and conditions of the SW A Contract in performing Services for the City; and \VHEREAS, City desires to retain the Contractor based on the SW A Contract; and WHEREAS, at its meeting of August 07, 2007, the City Commission of the City of Boynton Beach authorized the proper City officials to enter into an Agreement with Contractor: and S:'J'rocurement Srvs\WPJanet's Folder\Piggyback (debris remvoal)Contract.doc NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: Section 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. Section 2. Attached hereto and made a part hereof by reference as Composite Exhibit "A" is the SW A Contract referred to above. The prices, terms and conditions of this SW A Contract shall govern the relationship between the City and Contractor, except as amended below: A. The term ofthis Agreement shall be from June 14,2007 through June 13,2010. B. The City has an option to extend the Agreement for an additional one (1) three (3) -year term from June 14,2010 through June 13,2013 at the request and discretion of the City. C. Notice to the City, for purposes of .6utic.le 27 of the SW A Contract shall be sent to: City of Boynton Beach Attn: City Manager 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Section 3. In all other respects, the terms and conditions of the SW A Contract, are hereby ratified "and shall govern the relationship between the City and Contractor", IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and seals on the dates written below. CITY OF BOYNTON BEACH BY: CITY MANAGER ATTEST: BY: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY S:\Procurement Srvs\WPlJanet's Folder\Piggyback (debris remvoal)Contract.doc 2 \VITNESSED BY: PHILLIPS & JORDAN, INe. BY: Ben R. Tumer, President H:/1990!900182.bbiagmtipiggyback (debris removalidoc S..Procurement Srvs\WP'--lanet's FolderPiggyback (debris remvoal )ContracLdoc " -~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.1 Requested City CommIssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17. 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16, 2007 (Noon) 0 July 3. 2007 June 18,2007 (Noon) 0 May 15.2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5. 2007 May 14,2007 (Noon) [2J August 7. 2007 July 16,2007 (Noon) 0 Announcem ents/Presentati ons 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM [2J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Postpone consideration of an amendment to the Cemetery Rules & Regulations until August 21, 2007. This request for postponement is due to the fact that the Board will not meet until August 9, 2007. EXPLANATION: In March and April of this year, the Cemetery Board unanimously passed motions to recommend to the City Commission amending the Cemetery Rules & Regulations to clarify two areas of concern. The two recommended rule changes are as follows: "Rule #17 - In an adult grave, the following will be permitted at the discretion of the Parks Superintendent: a. One (1) casket, plus two (2) cremains. Of the two cremains, one must be an immediate family member of the individual buried in the casket; or b. Three (3) cremains. Of the three cremains, two (2) must be immediate family members. For purposes of these Rules & Regulations, an immediate family member shall be defined as an individual who is related by blood, marriage or adoption," And "Rule #3-M - All identification information including letters and emblems on crypts and niches shall be inscribed by engraving. The cost of new crypt or niche inscription fees shall be paid at the time of interment. Existing bronze letters shall be replaced with inscription by the City. Replacement inscription shall be done at no cost to the owner of the crypt or niche, but shall be paid from the Perpetual Care Fund. If existing bronze emblems are damaged, replacement of an existing bronze emblem with a sandblasted emblem shall be done at the owner's expense." As required in the Rules & Regulations, Mr. Brady Osborne was given written notice of the proposed rule changes and he has not expressed any opposition to the 'ecommendaMn. ~ . #1fA-<?/1 City Manager's Signahire Assistant to City Manager ~ City Attorney / Finance City Clerk's Office S:\CC\WP\CEMETERY\Agenda Item Requests\Agenda Item Request to Postpone consideration of changing two rules.doc VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlYI Requested City Date Final Form Must be Reouested City Commission Date Final Form Must be CommisSion Meetina Dates Turned in to City Clerk's Office Meetinq Dates Turned in to City Clerk's Office 0 Aprrl 17, 2007 April 2, 2007 (Noon.) D June 19, 2007 June 4, 2007 (Noon) !l May 1, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18, 2007 (Noon) L...J D May 15,2007 April 30, 2007 (Noon) ~ July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14, 2007 (Noon) D August 7, 2007 July 16, 2007 (Noon) NATURE OF AGENDA ITEM D Announcements/Presentations o Administrative ~ Consent Agenda D Code Compliance & Legal Settlements D Public Heanng o City Manager's Report o New Business o Legal o Unfinished Business D .....-.! c.._ G.) "-""'':'i ::....".# LD RECOMMENDATION: Amend the Cemetery Rules & Regulations. C) 1 ::~ ;. '~." EXPLANATION: In March and April of this year, the Cemetery Board unanimously passed motions to recommend to the City Commission amending the Cemetery Rules & Regulations to clarify two areas of concern. The two recommended rule changes are as follows: "Rule #17 - In an adult grave, the following will be permitted at the discretion of the Parks Superintendent: a. One (1) casket, plus two (2) cremains. Of the two cremains, one must be an immediate family member of the individual buried in the casket; or b. Three (3) cremains, Of the three cremains, two (2) must be immediate family members. For purposes of these Rules & Regulations, an immediate family member shall be defined as an individual who is related by blood, marriage or adoption," And "Rule #3-M - All identification information including letters and emblems on crypts and niches shall be inscribed by engraving. The cost of new crypt or niche inscription fees shall be paid at the time of interment. Existing bronze letters shall be replaced with inscription by the City. Replacement inscription shall be done at no cost to the owner of the crypt or niche, but shall be paid from the Perpetual Care Fund. If existing bronze emblems are damaged, replacement of an existing bronze emblem with a sandblasted emblem shall be done at the owner's expense." As required in the Rules & Regulations, Mr, Brady Osborne was given written notice of the proposed rule changes and he has not expressed any opposition to the recommendation. S:\CC\WP\CE:IVJETERY\Agenda Item Requests\Agenda Item Request. Change two Rules - 07-17-07 Meeting,doc Agenda Item Reque~ Form City Commission Meeting July 17, 2007 PROGRAM IMPACT None FISCAL IMPACT: (Include Account Number where funds will come from) ALTERNATIVES: Do not accept the recommendation of t City Manager's Signature Assistant to City Manager -~ City Attorney / Finance Department Name 5 CCWP\C::HclcRY\Agenda Item Reauests\Agenda Item Reouest - Cr,ange two Rules - 07-17-07 Heetlng.ooc 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION NO. 07- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RULE #17 AND RULE #3-M OF THE CEMETERY RULES & REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and 12 Regulations and does hereby recolmnend an amendment to the Rules and Regulations 13 Amended May, 2007; and 14 WHEREAS, upon recommendation from the Cemetery Board, the City 15 Commission has determined that it shall revise Rule #17; and 16 WHEREAS, upon recommendation from the Cemetery Board, the City 17 Commission has determined that it shall add a new Rule #3-M. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 19 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 20 Section 1. Each Whereas clause set forth above is herebv ratified as being true - ~ 21 and correct and incorporated herein by this reference; 22 Section 2. The City Commission of the City of Boynton Beach, Florida, 23 amends the Rules and Regulations of the Cemetery Board by amending Rule #17 as 24 follows: 25 26 27 28 29 30 31 32 17. In an adult gruye, the following v,ill be permitted: One (l) casket, plus onc (1) cremains, or three (3) cremains. No morc than thrce (3) markers will be pelmitted per odult ~"'Tave. In the Replot section, t\yO (2) cremains will be pemlitted in a cremains ploLNo more thUli two markers will be pemlitted on a cremains plot in the Replat section. In an adult lrrave. the following will be permitted. at tbe discretion of the Parks Superintendent: S:\CA\RESO\Administrative\Cemetery R&R - Amend Rule 17 and 3-M.doc 7 8 9 10 11 12 13 14 15 16 .1. 17 18 19 20 211 ' 22 I 23 24 25 1"' 26 27 28 29 1 2 3 4 5 6 a. One (1) casket plus two (2) cremains Of the l\vo cremains. Olle must be an immediate familv member of the individual buried in the casket: or b, Three (3) cremains. Of the three cremal11s. t\\'O must be immediate familv members. For purposes of these Rules and Regulations, an immediate family member shall be defined as an individual who is related bv blood. marriag:e or adoption. Section 3. The City Commission of the City of Boynton Beach. Florida. amends the Rules and Regulations of the Cemetery Board by amending Rule :;3-1\1 as follO\:vs: 3-M. In addition to the bronze letters.. there 'xill be a limit of t\yO emblems allowed per crypt/niche. Illese 1;ro117,e letters and embler:ls ma) be obt~iJ1ed 1l-0m Bo:mton Beach Mausole::m, Inc.. who is the City's e}:clusi'.'e sales a;ent. ;:.md shu11 be instulled by the City of Boynton Beach. AU identification infomlation including letters and emblems on CrYPts and niches shall be inscribed bv engraving. The cost of new crvpt or niche inscription fees shall be paid at time of intennent. Fxistim: bronze letters shall be replaced ''lith inscription by the Citv. Replacement inscription shall be done at no cost to the owner of the crvpt or niche. but shall be paid from the Perpetual Care Fund. If existing: bronze emblems are damaged. replacement of an existing bronze ~mblem with a sandblasted emblem shall b~_ done at the owner's expense." Section 4. This Resolution shall take effect immediately upon passage. S:ICAIRESOIAdministrativelCemetery R&R - Amend Rule 17 and 3-M.doc 1 PASSED AND ADOPTED this _ day of July~ 2007. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 Mayor - Jerry Taylor 8 9 10 Vice Mayor - Jose Rodriguez 11 12 13 Commissioner - Ronald Weiland 14 15 16 Commissioner - Mack McCray 17 18 19 Commissioner - Carl McKoy 20 Attest: 21 22 23 24 ,Janet M. Prainito, CMC 25 City Clerk 26 27 28 (Corporate Seal) 29 S:\CA\RESO\Administrative\Cemetery R&R - Amend Rule 17 and 3-M.doc VI.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) 0 May 1, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5,2007 May 14,2007 (Noon) ~ August 7, 2007 July 16,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [2J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Staff recommends Adoption of Resolution R granting the Commission to authorize the execution and payment of the Annual Service Renewal Agreement between Motorola and the City of Boynton Beach. EXPLANATION: The service agreement with Motorola is to provide 24 hours of repairs for dispatch service, technical support service, network monitoring service, infrastructure repair with advanced replacement service, onsite response service- Premier Option, and microwave Services and is service equipment specific. This Annual Renewal Agreement has increased from $128, 786.00 last year to $131,753.28 this year for service and maintenance. PROGRAM IMPACT: N/A FISCAL IMPACT: Budgeted item #001-1810-519-46-24 amount $131,753.28 ALTERNATIVES: Failure to pay the maintenance agreement will leave the City of Boynton Beach radio system with no ..";ee n' m.inte~ ~_ . 6l l.~ ent Head's Signature / City Manager's Signature Assistant to City Manager ~ Police Support Services-Communications Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R 07- 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH~ FLORIDA, 6 AUTHORIZING THE CITY MANAGER TO EXECUTE 7 A SERVICE AGREEMENT BETWEEN THE CITY OF 8 BOYNTON BEACH AND MOTOROLA, INC.' 9 PROVIDING FOR THE MAINTENANCE OF THE 10 RADIO SYSTEM FOR A TWELVE (12) MONTH 11 PERIOD, IN AN AMOUNT NOT TO EXCEED 12 $131,753.28; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to enter 171 into a Service Agrccl11cnt \vith ~v1otorola, Incq for the Inaintenance of the radio s)7ste111 for a 18 twelve (12) month period; 19 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH~ FLORIDA~ THAT: 21 'I Section 1. The foregoing "Whereas" clauses are hereby ratified and confim1ed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 hereby authorize and direct the City Manager to execute a Service Agreement between the 26 City of Boynton Beach and Motorola, Inc. for the maintenance of the radio system for a 27 twelve (12) month period in an amount not to exceed $131,753,28, a copy of said Agreement 28 is attached hereto as Exhibit "A," 29 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Motorola Service Agr 080707.doc 1 2 PASSED AND ADOPTED this _ day of August, 2007. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: 19 20 21 22 Janet M. Prainito, CMC 23 City Clerk 24 25 26 (Corporate Seal) 27 Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA\RESO\Agreements\Motorola Service Agr 080707.doc (fJ4) MOTOROLA Ver 49 Build 1000 SERVICE AGREEMENT ~ol1t~I~~~L $ 10.97944 $ Attn: National Service Support 1307 East A/gonquin Road Schaumburg, IL 60196 (800) 247-2346 Agreement Order # . 0555g1~9~0(3()5 Supersedes Agreement #(s) . S00001000428 Date: 3/3/2007 Required P.O. No Customer #. 1000303040 Bill to Tag # 0001 Contract Start Date. 10/01/2007 ...--. --------- Contract End Date. 09/30/2008 Anniversary Date. Payment Cycle Qucuterly Tax Exempt Yes PO# /"' ( Company Name c;itY()~13gYllt()rll3~ach Attn Billing Address. 1 OOEJ30'~toll_B_~<lchl3.l\I~__ City, State, Zip'I3.()Yl1tollJ3~Clch,FL 33425 Customer Contact Gwen Johnson Phone 561-742-6032 ~ \ ~ Fax. 561-742-6039 ~ iDescription ITotal Services: I Dispatch Service Technical Support Service i Network Monitoring Service ! Local Radio Combo Package 'Infrastructure Repair With Advanced Replacement Service OnSite Infrastructure Response Service - Premier Option ~ SP - Microwave Services SP - Software Subscription Agreement Q!Y~---' ModeI/Opti<'.I1_~_ SVC01SVC1102 SVC01 SVC11 04 SVC01 SVC 11 03 SVC01SVC1422 SVC01SVC1101 iSVC01SVC1413 I SVC02SVC0001 I SVC02SVC0003 SUBTOTAL - RECURRING SERVICES $ -------~--~_.._~.~-"-~--~-~----_.__._-_._-- SUBTOTAL - ONE-TIME EVENT SERVICES ______._._.~_.._._.__~~_~_ m.'. _~__.______________ TOTAL $ -~--- TAXES $0 00 --_._.._--_.~---_._---- GRAND TOTAL $ SPECIAL INSTRUCTIONS - AnACH STATE'^"" OF WORK FOR PERFORMANCE DESCRIPTIONS ,See attached list for equipment covered. 10.97944 $ $ 10.979.44 $ $0.00 10,97944 $ THIS SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING JURISDICTIONS, TO BE VERWIED BY MOTOROLP - -- --~-- - ---- : SUBCONTRACTOR(S) CITY _~m_____ ! Motorola - SSG-Call Center Operations Schaumburg ! (000661 :Motorola - SS-C-TeCl1nlcalSuPP()r1 Schaumburg IOoeratlons (000681 IMOtOroT,l:~SSC.NGtWofkManagementn .. -Schaumburg [QD~L'!!.ions 10QQ9.lL _n____ _ . ____ __~__ . _ i Control CommunIcations lnc i Davie ~---- - - ------- : Motorola. Infrastructure Depot Operallons ilQQiDOQQlt .__~__~_ !Motorola - South Florida FSO (00164) Elgin _~______~ _n ! Ft. Lauderdale Motorola's Service Terms & Conditions, a copy of which IS attached to this Service Agreement, rs incorporated herein by this reference AUTHORIZED CUSTOMER SIGNATURE TITLE .~~~g~~~ fY1-..~-.-:-n-n~,-~ ~~ REPRESENTATIVE (SIGNA~Sn_~i~~;mer S.LJpp_~rt~Manager Cindee Markes 954-723-4718 ----_._-_._------_.._.._~-------~- .._-._-_._~--~- .-. - ----------~---- MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE DATE DATE 954-723-4791 FAX SPC v4.9 Build 1000 STATE IL Ie Ie FL IL FL Extended 131.75328 131.753.28 131.753.28 131,753.28 Release Date. 01/01/05 Customer: Bovnton Beach, City of Effective: 10/1/2007 ~ EQuipment Description 5 Quantar Repeaters 4 Centra com Gold Elite Consoles 8 Control Stations 5 RCH Digital Remote 1 Moscad (1 PC, 1 Laptop, 1 RTU) 61 Astra Spectra Mobiles 222 L TS2000 98 LCS2000 248 XTS3000 15 XTS5000 2 XTL5000 1 Microwave System System Description 1 Prime Site 1 Dispatch Center 5 Channels Service Terms and Conditions Motorola, Inc., through its Commercial, Government, and Industrial Solutions Sector ("Motorola"), and the customer named in this Agreement ("Customer"), hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either (1) maintenance, support and/or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment specifically states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the "Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for such services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the inihai Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by such transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, ~he fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAUL TITERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due upon :In open account. This limitation of liability will survive the expiration or termination of this Agreement. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the tennination or expiration will apply to those Services and Customer agrees to pay for such services on a time and materials basis at Motorola's then effective hourly rates. written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings specifically refer to this Agreement; (ii) clearly indicate the intention of both parties to override and modify this Agreement; and (iii) such purchase order, acknowledgement, or other writings are signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTEllECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise fumished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any such information or data to any person, or use such information or data itself for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property, and retum it to Motorola upon request. Such property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this A.greement. 17.6. THIS AGREEMENT WilL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE . MOTOROLA Statement of Work Network Monitoring, OnSite Infrastructure Response and Dispatch Service Overview: Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response services to the Customer. These services are applicable only for the following system types: SmartZone up to release 6.2, SmartZone/OmniLink v2.0.3 and higher, SmartNet, Private Data (with a wireless network gateway) v2.0.3 and higher, and E91 I. 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements ofa Communication System for Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center (SSe) detects an Event, trained technologists acknowledge the Event run remote diagnostic routines, and initiate an appropriate response. Appropriate responses could include, but are not limited to, continue monitoring the Event for further development. attempt remote Restoral, or transfer the Event by opening a Case for dispatch of a Servicer. The Servicer will respond to the Customer location based on pre-defmed Severity Levels set forth in the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site Servicer until System Restoral occurs and Case is closed. The SSC will Continuously track and manage Case activity from open to close through an automated Case tracking process. This Case management allows for Motorola to provide activity and performance reports. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable iAl.greelnent to \.vhich it is attached and inade 3 pa.~ thereof b)' this reference. 2.0 Motorola has the following responsibilities: 2.1. Recommend any needed Connectivity or monitoring equipment and coordinate installation of such equipment upon Customer's request. 2.2. Provide dedicated Connectivity necessary for monitoring SmartZone, SmartZone/ OmniLink. and Private Data system types. 2.3. Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 2.4. Continuously receive service requests. 2.5. Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1 2.6. Attempt remote RestoraL as appropriate. 2.7. Create a Case as necessary when service requests are received. Gather information to perform the following: 2.7.1. Characterize the issue 2.7.2. Determine a plan of action 2.7.3. Assign and track the Case to resolution. 2.8. Dispatch a Servicer. as required, by Motorola standard procedures and provide necessary Case information collected in section 2.7 2.9. Ensure the required personnel have access to Customer information as needed. 2. I O. Disable and enable System devices, as necessary, for Servicers. 2.11. Servicer wiII perform the following on-site: 2.11.1. Run diagnostics on the Infrastructure or FRU. 2.11.2. Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.11.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.11.4. Ifa third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor onto the Customer's premises. /';etwork Monitoring, OnSite lnji-astructure Re,ponse and Dispatch ,\ervice Approved by Contracts and Compliance 12-19-03 page I of 4 . MOTOROLA 2.12. Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification preference in the Customer Support Plan required by section 3.4. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.13. Escalate the Case to the appropriate party upon expiration of a Response time. 2.14. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.15. Notify Customer of Case Status, as required by the Customer Support Plan at the following Case levels 2.15.1. Open and closed; or 2.15.2. Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. 2.16. Provide the following reports, as applicable: 2.16.1. Case activity reports to Customer. 2.16.2. Network Monitoring Service reports for Customer System(s), excludes E911. 2.16.3. Performance/Availability Reports for SmartZone, SmartZone/ OmniUnk, and Private Data Systems only. 3.0 Customer has the following responsibilities: 3.1. Allow Motorola Continuous remote access to obtain System availability and performance data. 3.2. Purchase Connectivity, installation and monitoring equipment necessary for monitoring the System if recommended by Motorola. Failure to purchase such equipment as recommended by Motorola may prevent Motorola from rendering the services described in this Statement of Work. 3.3. Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET and E911 System types. 3.4. Provide Motorola with pre-defmed Customer information and preferences prior to StaJ'"t Date necessaJ-Y to complete Customer Support Plan. 304.1. Case notification preferences and procedure 3.4.2. Repair Verification Preference and procedure 3.4.3. Database and escalation procedure forms. 3.4.4. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.5. Provide the following information when initiating a service request: 3.5.1. Assigned System ID number 3.5.2. Problem description and site location 3.5.3. Other pertinent information requested by Motorola to open a Case, 3.6. Notify the System Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.) 3.7. Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) ifremote service is not possible. 3.8. Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.11.2 3.9. Maintain and store in an easy accessible location any and all Software needed to Restore the System. 3.10. Maintain and store in an easily accessible location proper System backups. 3.11. For E911 systems, test the secondary/backup PSAP connection to be prepared in the event ofa catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of switching to the backup PSAP. 3.12. Verify with the SSC that Restoration is complete or System is functional, if required by the Repair Verification Preference provided by Customer in accordance with section 304. 3.13. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide these services. Network Monitoring, OnSite Infrastructure Response and Dispatch Service Approved by Contracts and Compliance 12-19-03 page 2 of 4 . MOTOROLA Severity Definitions Table Severity Level Problem Types Severity 1 Response is provided Continuously -- . . Major System failure . 33% of System down . 330/0 of Site channels down . Site Environment alarms (smoke, access, temp, AC power. . This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 Response during Standard Business Day -- . . Significant System Impairment not to exceed 33% of system down . System problems presently being monitored . This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity 3 . Response during Standard Business Day I I · Intermittent system issues I . Information questions . Upgrades/preventative maintenance . This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's I perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system u grades. Response Time Tabie (Customer's Response Time Ciassificatiun is uesignated ill the Service Agreement). Severity Regular Premier Limited Level Response Time Response Time Response Time Severity I Within 4 hours from receipt Within 2 hours from receipt Within 4 hours from : of Notification of Notification receipt of Notification Continuouslv Continuously Standard Business Day , Severity 2 Within 4 hours from receipt Within 4 hours from receipt Within 4 hours from of Notification of Notification receipt of Notification i Standard Business Day Standard Business Day Standard Business Dav Severity 3 Within 24 hours from Within 24 hours from Within 24 hours from receipt of Notification receipt of Notification receipt of Notification Standard Business Day Standard Business Day Standard Business Day i Net11'ork JvfonilOring, OnSite Inji-astructure Re8ponse and Dispatch Service Approved by Contracts and Compliance 12-19-03 page 3 of 4 " MOTOROLA Monitored Elements Table (Listed by technology) System Type Equipment SmartZone 6.0 Nortel; Packet Routing Network; Zone Controllers; Database Server; FullVision Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB; ARCADACS Cross Connect Switch; Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations);Intelli Site Repeater RF Site (Site Controllers, Stations); MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Environmental Alarms, Microwave) SmartZone 4.1 Zone Controllers; Database Server; Digital Interface Unit (DIU); Central Electronic Bank (CEB) Interface; AEB; FullVision Server; Air Traffic Router; System Statistics Server (Multi-Zone); Zone Statistical Server; User Configuration Server; NOVA 2000 (Interconnect); Remote RF Sites (Site Controllers Including Simulcast, Stations); MOSCAD Overlay (Stations-Non Trunked, Comparater, TenSr Channel Banks, Environmental Alarms, Microwave) SmartZone 3.0 - 3.5 Zone Controller; Database Server; User Server; Digital Interface Unit (DIU); Central Electronic Bank (CEB) Interface; AEB; User Configuration Server (3.5); Historical Server (User Server 16); AEB Central Electronic Bank (CEB); MBX (Interconnect); Remote RF Sites (Site Controllers -Including Simulcast, Stations); MOSCAD Overlay (Stations, TenSr Channel Banks, Environmental Alarms, Microwave) SMARTNET Monitored by MOSCAD SiteSentry Site Controllers; Stations; Environmental Alarms; Channel Banks Private Data Wireless Network Gateway (WNG); Radio Network Controller (RNe); Base Station E9 I I - Centralink Classic - Monitored by SEB Teltronics ALl Teltronics ANI E9 11 - Centralink Classic- Monitored by RAC Teltronics ALl E911 - C2000IPalladium Palladium ALl Teltronics ANI Network lv/onitoring, OnSite Jrifi-astructure Response and Dispatch Service Approved by Contracts and Compliance 12-19-03 page 4 of 4 . MOTOROLA Statement of Work Technical Support Service 1.0 Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of communications systems expertise or troubleshooting on Equipment. The Motorola System Support Center's (SSe) Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system performance issues. TecImical Support Service (i) does not include software upgrades that may be required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system types supported and approved by Technical Support Operations. Technical Support is applicable to the following system types: Astra 25 6.x, SmartZone v2.0.3 and higher, SmartZone/OmniLink, E91 I, Private Data v2.0.3 and higher, SmartNet and Conventional Two- Way. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in accordance with the response times set forth in the Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 2.2. Advise caller of procedure for determining any additional requirements for issue characterization, Restoration, including providing a known fix for issue resolution when available. 2.3. Attempt remote access to System for remote diagnostics, when possible. 2.4. Maintain communication with the Servicer or Customer in the field until close of the Case. as needed. 2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed. 2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups, as applicable. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote access capability. 2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support services described in this SOW and notify Customer of an alternative course of action. 3.0 Customer has the following responsibilities: 3.1. Provide Motorola with pre-defmed information prior to Start Date necessary to complete Customer Support Plan. 3.1.]. Complete database and escalation procedure forms. 3.1.2. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller. name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief description of the problem. 3.3. Supply on-site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. Technical Support Service Approved by Motoro/a Contracts and Compliance 12-/9-0] page I 0(2 . MOTOROLA 3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connecti vity. 3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defmed in Remote Technical Support Response Times Table and the Severity Level defmed in the Severity Definitions Table. 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service to Customer. Severity Definitions Table Severity Level Problem Types Severity 1 . Response is provided Continuously . Major System failure . 33% of System down . 33% of Site channels down . Site Environment alarms (smoke, access, temp, AC power. . This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 . Response during Standard Business Day . Significant System Impairment not to exceed 33% of system dovm . System problems presently being monitored . This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity 3 . Response during Standard Business Day . Intermittent system issues . Information questions . Upgrades/preventative maintenance . This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. Remote Technical Support Response Times Table SEVERITY Severi I Severi 2 Severity 3 RESPONSE Within 1 Hour from recei t of Notification, Continuous I Within 4 Hours from recei t of Notification, Standard Business Da Within next Business Da , Standard Business Da Technical Support Service Approved by Motorola Contracts and Compliance J 2- J 9-03 page 2 of2 . MOTOROLA Statement of Work Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this reference. Customer's System type detern1ines which exhibit is applicable (i.e. SmartZone system exhibit. SmartNet system exhibit). Infrastructure may be repaired down to the Component level. as applicable. at the Motorola Infrastructure Depot Operations (IDa). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. IfInfrastructure is no longer supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. When available, Motorola will provide Customer with an Advanced Replacement unites) or FRU(s) in exchange for Customer's malfunctioning FRU(s). Non-standard configurations, Customer-modified Infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s) will be evaluated and repaired by IDa and returned to IDa FRU inventory upon completion of repair. In cases where Advanced Replacement is not available or when a Customer requires the exact serial number to be returned, a FRU may be available on a Loaner basis. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Use eorrunereially reasonable efforts to maintain a.'1 inventory ofFRU. 2.2. Provide, new or reconditioned units as FRU to Customer or Servicer, upon request and subject to availability. The FRU will be of similar kit and version, and will contain like boards and chips. as the Customer's malfunctioning InfrastrLlcture. 2.3. Program FRU to original operating parameters based on templates provided by Customer as requ.ire.d in Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.4. Properly package and ship Advanced Replacement FRU from IDa's FRU inventory to Customer specified address. 2.4.1. During normal operating hours of Monday through Friday 7:00am to 7:00pm CST. excluding holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless otherwise requested. Motorola will pay for such shipping. unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In sLlch cases, Customer will be subject to shipping and handling charges. 2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property ofIDO and the Customer will own the Advanced Replacement FRU. 2.4.3. When sending a Loaner FRU to Customer, IDa will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDa. IDa will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDa's Loaner FRU. 2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6. Receive malfunctioning Infrastructure from Customer and document its arrival. repair and return. 2.7. Perfonn the following service on Motorola Infrastructure: 2.7. I. Perform an operational check on the Infrastructure to determine the nature of the probiem. 2.7.2. Replace malfunctioning FRU or Components. 2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications. as applicable 2.7.4. Perform a Box Unit Test on all serviced Infrastructure. Infrastructure Repair with Advanced Replacement Approved by Motorola Contract and Compliance 1-15-04 page] of3 . MOTOROLA 2.7.5. Perform a System Test on select Infrastructure. 2.8. Provide the following service on select third party Infrastructure: 2.8.1. Perform pre-diagnostic and repair services to confIrm Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 2.8.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. 2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.8.4. Perform a post-test after repair by Motorola, original equipment manufacturer, or third party vendor to confIrm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.9. Re-program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If IDa determines that the malfunctioning Infrastructure is due to a Software defect, IDa reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), ifneeded, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. 2,10. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an IDa FRU. Motorola will return Customer's FRU(s) to IDa's FRU inventory, upon completion of repair. 2.11. Ship repaired Infrastructure to the Customer specifIed address during normal operating hours set forth in 2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Cuswmer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSe) and request an Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non- Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1. Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3. Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Infrastructure being sent in for service. 3.1.4. Provide Customer purchase order number to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDa if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within fIve (5) days of receipt of the Advanced Replacement FRU from IDa's FRU inventory, properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDa for evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above back to IDa in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk ofloss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.4 Ifreceived, Customer must properly package and ship Loaner FRU back to IDO within fIve (5) days of receipt of Customer's repaired FRU. 3.5 Maintain templates of Software/applications and Firmware for reloading ofInfrastructure as set forth in paragraph 2.3 and 2.9. 3.6 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. lrifrastructure Repair with Advanced Replacement Approved by Motorola Contract and Compliance 1-15-04 page 2 of3 . MOTOROLA 4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure Repair with Advanced Replacement: 1. All Infrastructure over seven (7) years from product cancellation date. 2. Physically damaged Infrastructure. 3. Third party Equipment not shipped by Motorola. 4. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges. 5. Test equipment. 6. Racks, furniture and cabinets. 7. Firmware and/or Software upgrades. Infrastructure Repair with Advanced Replacement Approved by Motorola Contract and Compliance I-15-()4 page 3 (~r 3 . ItIIOTOROLA SmartZone System Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair Infrastructure Exhibit Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines. Base Station(s) and Repeater(s) Includes: Quantar, Quantro, Digital MSF5000 and MTR2000 ONLY. Central Electronics Bank(s) Includes Logging Recorder Interface and Network Hub Channel Bank(s) Includes Premisys and Telco. Excludes Siemens Comparator( s ) Includes Spectratac, Digitac, and Astrotac Comparators. Computer( s ) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and System watch II. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part of complete communication System - ONLY. Includes headset jacks, dual footswitches, and gooseneck microphones. Excludes Centracom 1. Controller(s) -Trunking Includes SmartNet II prime and remote controllers. Excludes SSMT and SCMS controllers. Dictaphones and Recording Excludes all types and models. Equipment Digital Interface Unites) Included Digital Signaling Modem(s) Included upon modem model availability Digital Voice Modem(s) Included upon modem model availability Embassy Switch Includes AEB, AIMI, ZAMBI, AMB Management Terminals Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Excludes laptop computers and all 286, 386,486 computers. MBEX(s) or NOY A Interconnect Included Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All Equipment must be shipped to IDO, Excludes anyon-site services. Monitor(s) Includes all monitors connected to computers that directly interface with or control the communications System. Includes flat panel displays and touch screen monitors. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Moscad Only NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Excludes Fire alarming systems. Network Fault Management Includes Full Vision. Excludes NMC Printer( s) Includes printers that directly interface with the communications System. RAS(s) Excludes RAS 1100, 1101 and 1102 Receiver(s) Includes Quantar and MTR2000, ASTRO-TAC Receivers. Simulcast Distribution Included Amplifier(s) Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. I Universal Simulcast Controller Included Interface( s ) UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes anyon-site services. Excludes all batteries. Zone Manager Excludes HP715/33, HP 715/50 servers. Excludes x-terminals NDS 14C and NDS17C Zone Controller(s) Includes console terminals. Excludes ALL SunlIMP hard drives except TLN3495A 0820 1 GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406, TLN3343A 0424 and TLN3278A 0181/0389. . MOTOROLA Statement of Work Software Subscription Console Only 1.0 Description of Service Motorola will provide to Customer Software Subscription services in accordance with this Statement of Work. Motorola will provide periodic software bulletins to Customer at its address for notice purposes (or at another address that Customer may direct in writing). These software bulletins announce and explain Enhancement Releases and Core Releases for Motorola and Non-Motorola Software that are available to Software Subscription Customers for use with their upgrade-capable Motorola Equipment covered by these services. Motorola will provide applicable Enhancement Releases or Core Releases as ordered by Customer. Software Subscription includes design services for Enhancement Releases only. Motorola will review System audit data (when this service is performed by Motorola) along with an equipment list to avoid potential Software incompatibilities between equipment that is being upgraded versus equipment which is not being upgraded with the Enhancement Release. Motorola will identifY additional equipment and engineering (if applicable) for the System that is required as a result of the upgrade and will recommend a plan for installation of this additional equipment in addition to the core or enhancement release. Implementation ofthis installation plan is not included with the Software Subscription services. Additional Provisions for Software Subscription services that begin after December 31, 2004, concerning. SmartZone 4.1 and Astro 25 Trunking Systems: Motorola recommends that Customer maintains continuity in receiving Software Subscription services until Customer decides to no longer install additional Enhancement Releases. If, contrary to this recommendation, Customer discontinues Software Subscription services and later decides to reinstitute Software Subscription services, then Motorola will provide those Software Subscription services retroactively to the date such services were discontinued. Exclusions The Software Subscription program originated from and was designed to support Motorola's radio systems business. The Software Subscription program does not cover the software, hardware, or services provided by Radio Service Software; ISD; Plant Equipment Inc. ("Plant") -Motorola's E91 1 solution subcontractor: or any Motorola business sector other than CGISS. Software not purchased through Motorola is not covered. Software Subscription services are not intended to, and do not, cover software support for virus attacks, games or other applications that are not part ofthe System, or misuse of the covered Software. Motorola is not responsible for management of anti-virus or other security applications (such as Norton). The terms and conditions ofthis Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Provide to Customer the software bulletins announcing Enhancement Releases and Core Releases. 2.2 Provide to Customer (in response to a Customer order) those Features included in an Enhancement Release that apply to the Motorola Software in Customer's existing System components. 2.3 Perform the following Software upgrade design: 2.3.1 Review Infrastructure System audit data as needed. 2.3.2 IdentifY additional System equipment needed to implement an Enhancement Release, if applicable. 2.3.3 Complete a proposal defining the Enhancement Release, Equipment requirements. installation plan, and impact to System users that will fulfill the Customer's upgrade requirements. Software Subscription Approved by Contracts & Compliance -f/2fi()5 i (~(3 . MOTOROLA 2.3.4 Advise Customer of probable impact to System users during the actual field upgrade implementation. 2.4 Provide to Customer (in response to a Customer order) those Standard Features included in a Core Release that apply to the Motorola Software in Customer's existing System components. Optional Features issued with a Core Release are not included under these Software Subscription services but are available to Customer, under a separate agreement at a discount from current list price (20% for voice System Optional Features and 15% for data System Optional Features). Once an Optional Feature is provided to Customer, Enhancement Releases for that Optional Feature are available at no additional charge. 3.0 Customer has the following responsibilities: 3.1 Customer must contact its Motorola representative to order an available Enhancement Release or Core Release as directed in the Customer Support Plan. 3.2 Contact Motorola upon receiving a bulletin to engage the appropriate Motorola resources for an Enhancement Release. 3.3 Review Software installation plans and impact to the users with appropriate Customer personnel. 3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide these services to Customer 4.0 Special provisions: the following provisions apply to the Software Subscription services: 4.1 Customer acknowledges that if its System has a Special Product Feature, additional engineering may be required to prevent an installed Enhancement Release or Core Release from overwriting the Special Product Feature. Upon request, Motorola will determine whether a Special Product Feature can be incorporated into an Enhancement Release or Core Release and whether additional engineering effort is required. 4.2 Customer is encouraged to install periodically Enhancement Releases because they may include minor performance enhancements and will keep the System current In addition enhancement releases may contain updated versions of third party software enabling customers to obtain optimal support for these products. Customer is encouraged to migrate the Motorola Software to the most current Core Release because Enhancement Releases are available for a limited time for a given core release as defined by Motorola's life cycle roadmap.. If Customer's System is not maintained to a currently supported Software version, all Core Releases and Enhancement Releases may not be compatible with Customer's existing System. 4.3 Additional hardware, software, or engineering services may be required if Customer desires to upgrade or migrate to a particular Core Release or Enhancement Release. If the size and complexity of Customer's System warrants, Motorola may provide consultation services to determine the technological, operational and fmancial impact of installing a particular Core Release or Enhancement Release on the System, pursuant to a separate agreement. Customer must pay for such consulting services and for any other engineering services, hardware, and software that are required to upgrade or migrate Customer's System due to each Enhancement Release or Core Release that Customer orders. 4.4 Customer may use the Software (including any Enhancement Releases and Core Releases) only in accordance with the applicable Software License Agreement Nothing in this Statement of Work or caused by Motorola rendering these Software Subscription services is intended to modifY the Software License Agreement or to alter Motorola's intellectual property rights in and to its Software. 4.5 Software Subscription services do not include repair or replacement of hardware or Software caused by defects that are not corrected by the Enhancement Releases and Core Releases, nor does it include repair or replacement of defects resulting from any nonstandard or improper use or conditions or from unauthorized installation of Software. 4.6 Customer may terminate Software Subscription services at any time by giving written notice of termination to Motorola. Such termination will be effective at the next annual anniversary date following Motorola's receipt of the notice of termination and may be partial if that is reasonably necessary to accommodate a significant change to Customer's System configuration. 4.7 These Software Subscription services and the parties' duties described in this Statement of Work will automatically terminate if Motorola no longer supports the Software version in Customer's System or discontinues the Software Subscription program; in either case, Motorola will refund to Customer any prepaid fees for Software Subscription services applicable to the terminated period. Software Subscription Approved by Contracts & Compliance -1/21/05 2013 fa MOTOROLA 4.8 Motorola may suspend or terminate these Software Subscription services, if Customer fails to pay Motorola any fees for Software Subscription services when due, Customer breaches the Software License Agreement or the Agreement, Customer's rights to use the Software under the Software License Agreement expires or is terminated, or Customer replaces its Motorola System with a system from another manufacturer. Software Subscription Approved by Contracts & Compliance-Jill/05 3013 fa MOTOROLA Statement of Work Local Radio Combo Package 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two-way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided that they are required for normal operation of the two-way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; iDEN mobile microphones; non-standard mobile microphones, mobile external speakers; optional or additional control heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies. The following are excluded from Local Radio Combo service unless they are purchased as an option for an additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones, Portable Antenna Replacements Mobile Remote Control Heads. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereofby this reference, 2.0 Motorola has the following responsibilities: 2.1 Service to be performed at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to determine the nature ofthe problem. 2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust, and/or foreign substances from the Equipment 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment, if the template information can be retrieved from the Equipment, or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment to/from the Servicer facility. 3.2 Inform Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. If applicable, record the current flashcode for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Local Radio Combo Package service to Customer. Local Radio Combo Package Approved by Motorola Contracts & Compliance 04/30/04 Page 1 of 1 . MOTOROLA Statement of Work SP-Microwave Service Repair 1.0 Description of Services Microwave Service Repair is a repair service provided by the Servicer for the Microwave equipment named on the Customer Equipment list. At the Servicer's discretion and responsibility, Infrastructure may be sent to Motorola, original equipment manufacturer, third party vendor, or other facility for repair. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola Servicer has the following responsibilities: 2.1. Repair or replace Infrastructure at the Servicer facility or Customer location as determined by Servicer. Any replaced FRU will be of a similar kit and version, and will contain like boards and chips, as the Customer's malfunctioning FRU(s). Servicer is responsible for travel costs to a Customer location to repair Infrastructure. 2.2. Perform the following on Motorola Infrastructure: 2.2.1. Perform an operational check on the Infrastructure to determine the nature of the problem. 2.2.2. Repair or replace malfunctioning FRU, as determined by Servicer. 2.2.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications. 2.3. Provide the following service on select third party Infrastructure 2.3.1. Perform pre-diagnostic and repair service to confinn Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 2.3.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service. Servicer is responsible for aii shipping and handling charges. 2.3.3. Coordinate and track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.4. Re-program Infrastructure to original operating parameters based on templates provided by Customer required by Section 3.2. lfthe Customer template is not provided or is not reasonably usable, a standard default template will be used. The Servicer will provide the standard template. 2.5. Notify the Customer upon completion of repair or replacement. 2.6. Properly package, return ship or hand deliver Infrastructure to the Customer specified address. Servicer will pay return shipping charges, if being sent via overnight carrier. 3.0 Customer has the following responsibilities: 3. l. Contact Servicer and provide the following information: 3. 1.1. Provide customer name, address of site location, and symptom of problem. 3.1.2. Provide model description. model number, serial number, and type of System and Firmware version. if known. 3.2. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide Local Infrastructure Repair services to Customer. page 1 0/1 . MOTOROLA Statement of Work Local Radio Combo Package OnSite Option - Pick up & Delivery 1.0 Description of Service Equipment will be picked up from and delivered to the Customer's location, within a designated radius of the Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan. This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of Work is attached. 2.0 Motorola has the following responsibilities: 2.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location, days of week, and preferred time. Ifa pick up/delivery cannot occur according to the preferred schedule, Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable alternative date and/or time for pick up/delivery. 2.2 Generate service receipt and leave with Customer. 3.0 Customer has the following responsibilities: 3.1 Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time. 3.2 Provide problem description along with unit. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORT\ VI.-CONSENT AGENDA ITEM C.3. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April] 7,2007 April 2, 2007 (Noon.) 0 June 19, 2007 June 4,2007 (Noon) D May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18, 2007 (Noon) 0 May 15, 2007 April 30,2007 (Noon) 0 July] 7,2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) [2J August 7, 2007 July 16, 2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM [2J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Approve and execute, via a Resolution, the agreement between Palm Beach County and the City to provide funding in an amount up to $380,000 for improvements to Boat Club Park. EXPLANATION: Boat Club Park was originally built in 1960. The 9.5 acre facility is one of the City's oldest and most popular parks. It includes public restrooms, picnic pavilions, a boardwalk used for fishing/viewing, a small storage building, a small building used by local groups and the Coast Guard Auxiliary. It is also one of the most heavily used boat launching facilities in Palm Beach County. Due to its popularity, the park has experienced a lot of "wear and tear" over the past several years. The public restrooms and pavilions are more than 40 years old and need to be renovated or replaced with ones that are better designed and aesthetically compatible to the waterfront venue. Landscaping enhancements will reduce maintenance and improve the appearance of the park. The flat handrails on the boardwalk have been damaged by heavy use and need to be replaced. PROGRAM IMPACT: Boat Club Park is used by thousands of people every week. With support from the County, we will be able to make significant aesthetic and functional improvements to one of our most popular facilities. The park will be safer, look better, and be easier to maintain. FISCAL IMPACT: $37,500 is currently allocated in the CIP (Account # 302-4108-580.62-01) for planning and design costs. The $380,000 received from the County will cover construction costs. ia~ City Manager's Signature Assistant to City Manager ~ AL TERNA TIVES: -----.. . --- - ..----..... ------------ Department Head's Signature Recreation & Parks Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~'" ,.~--> ({....r:<s.,". '?" "f,';1 "~.,-t "'~-:-../ /...f, J' ~~}!~ ill 2 ~? r~ L.() c ~ ~ ct 0.. "'" ~ ::J - o +-' CU o (() 7~....'.<..'..'''' ~'-~~ '< 1 RESOLUTION R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING THE MAYOR 5 AND CITY CLERK TO EXECUTE AN INTERLOCAL 6 AGREEMENT BETWEEN PALM BEACH COUNTY 7 AND THE CITY OF BOYNTON BEACH TO PROVIDE 8 FUNDING IN AN AMOUNT UP TO $380,000.00 TO 9 ASSIST WITH COSTS FOR CONSTRUCTION OF 10 BOAT CLUB PARK RENOVATIONS; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, Boat Club Park was originally built in 1960 and has public restrooms 15 and pavilions which are more than 40 years old; and 16 WHEREAS, Due to its popularity, the park has experienced a lot of "wear and tear" 17 over the past several years; and 18 WHEREAS, the County of Palm Beach is willing to provide funding from the 2002 19 Recreation and Cultural Facilities Bond issue; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon 21 recommendation of staff, deems it to be in the best interest of the citizens and residents of 22 the City of Boynton Beach to authorize execution of the Interlocal Agreement with Palm 23 Beach County to provide funding in an amount up to $380,000.00 for improvements to Boat 24 Club Park. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. S:\CA\RESO\Agreements\lnterlocals\ILA with PBC for Boat Club Park renovations.doc Section 2. The City Commission of the City of Boynton Beach hereby authorizes 2 the Mayor and City Clerk to execute an lnterlocal Agreement between the City of Bo~mton 3 Beach and Palm Beach County to provide funding in an amount up to S380,OOO.OCJ for 4 improvements to Boat Club Park, a copy of said Agreement is attached hereto and made a 5 part here as Exhibit "A". 6 Section 3. That this Resolution shall become effective immediately upon 7 passage. 8 PASSED AND ADOPTED this __ day of August, 2007. 9 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor-JerryTaylor 14 15 16 17 18 191' 20 I 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Vice Mayor ~ Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCrav Commissioner ~ Carl McKoy ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S:\CA\RESOlAgreements\lnterlocals\ILA with PBC for Boat Club Park renovations.doc INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR BOAT CLUB PARK RENOVATIONS THIS INTERLOCAL AGREEMENT is made and entered into on , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the City of Boynton Beach, a Florida municipal corporation, hereinafter referred to as " MUNICIPALITY ". WIT N E SSE T H: WHEREAS, MUNICIPALITY owns and operates Boat Club Park located on South Federal Highway in Boynton Beach, hereinafter referred to as lithe Project"; and WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the construction of renovations to the Project; and WHEREAS, on November 5, 2002, a bond referendum was passed by the voters of Palm Beach County for the issuance of general obligation bonds for the purpose of financing the acquisition, construction, and/or improvements to certain recreation and cultural facilities, in the principal amount of $50 Million ("the $50 Million Recreation and Cultural Facilities Bond"); and WHEREAS, the COUNTY has approved a recreation and cultural facilities project list and proposed funding allocations, as amended for the $ 50 Million Recreation and CultUial Facilities Bond; and WHEREAS, the Project represents one such recreation/cultural project; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, both parties desire to increase the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: 1 ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational and cultural opportunities for use by the public and thereby provide a mechanism for the COUNTY to assist MUNICIPALITY in the funding of the Project. Section 1.03 COUNTY will pay to MUNICIPALITY a total amount not to exceed $380,000 for the construction of the Project as more fully described in the Project Description, Conceptual Site Plan, and Cost Estimate attached hereto and made a part hereof as Exhibit "A". Section 1.04 MUNICIPALITY agrees to provide funding in an amount of $0 or greater to complete construction of the Project. The parties agree that the COUNTY shall provide its portion of the funding only after MUNICIPALITY has expended $0. Section 1.05 COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 966-6685. MUNICIPALITY's representative during the construction of the Project shall be Wally Majors, Recreation and Parks Director, Boynton Beach, 561-742-6255. Section 1.06 MUNICIPALITY shall construct renovations on the property as more fully described in Exhibit "B" attached hereto and made a part hereof. Section1.07 MUNICIPALITY shall utilize its procurement process for all construction services required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. COUNTY shall have no contractual obligation to any person retained by MUNICIPALITY with regard to the Project. Any dispute, claim, or liability that may arise as a result of MUNICIPALITY's procurement is solely the responsibility of MUNICIPALITY and MUNICIPALITY hereby holds the COUNTY harmless for same to the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 MUNICIPALITY shall be responsible for the design and construction of the Project. MUNICIPALITY shall design and construct the Project in accordance with Exhibit "A", attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto, 2 MUNICIPALITY shall initiate its procurement process to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 MUNICIPALITY shall provide a copy of the engineer's and/or architect's programming phase documents (Le., site plan, floor plan, elevations, etc.) to the COUNTY's Representative for review. The COUNTY's Representative shall review said programming phase documents to ensure consistency with the intent of this Interlocal Agreement. Section 2.04 MUNICIPALITY shall be responsible for securing all permits and approvals necessary to construct the Project. Section 2.05 Prior to MUNICIPALITY commencing construction of the Project, MUNICIPALITY shall provide a copy of all plans and specifications, along with the associated costs thereof, to the COUNTY's Representative for review to ensure consistency with the intent of this Interlocal Agreement. Section 2.06 MUNICIPALITY agrees to totally complete the Project and open same to the public for its intended use within thirty six (36) months from the date of execution of this Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least ninety (90) days prior to that date MUNICIPALITY may request an extension beyond this period for the purpose of completing the Project. COUNTY shall not unreasonably deny MUNICIPALITY's request for said extension. Section 2.07 MUNICIPALITY shall submit quarterly project status reports to the COUNTY's Representative on or before January 10, April 10, July 10, and October 10 during the design and construction of the Project. These Quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by the COUNTY's Representative. ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by COUNTY to MUNICIPALITY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of MUNICIPALITY. Should the total cost of the Project exceed the amount as projected by MUNICIPALITY, MUNICIPALITY shall appropriate and expend the excess funds required for completion of the Project. The COUNTY shall not dispense any funds to MUNICIPALITY for the Project until MUNICIPALITY has appropriated and expended said excess funds for the Project. 3 Section 3.02 The COUNTY shall reimburse project costs under the terms of this Agreement to MUNICIPALITY on a quarterly basis from the date of execution of this Interlocal Agreement; however, should the need arise for MUNICIPALITY to be reimbursed on a more frequent basis, then COUNTY will, at MUNICIPALITY's specific request for each instance, make its best efforts to reimburse MUNICIPALITY within forty five (45) days of such special request. For each requested payment, MUNICIPALITY shall provide to the COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid by the MUNICIPALITY and shall include the vendor invoice number; invoice date; and the amount paid by MUNICIPALITY along with the number and date of the respective check for said payment. MUNICIPALITY shall attach a copy of each vendor invoice paid by MUNICIPALITY along with a copy of each respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, MUNICIPALITY's Project Administrator and Project Financial Officer shall certify the total funds spent by MUNICIPALITY on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by MUNICIPALITY as indicated. Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total amount allocated to MUNICIPALITY for the Project until MUNICIPALITY completes the Project and provides COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and the COUNTY receives and approves all documentation as required in accordance with this Interlocal Agreement. The COUNTY's representative shall visit the Project site to verify and approve said final reimbu rsement. Section 3.04 MUNICIPALITY shall provide a request for final reimbursement to the COUNTY no later than ninety (90) days following completion of the Project and provision of either a Certificate of Occupancy or Project Completion Certification to the County. Section 3.05 The County agrees to reimburse MUNICIPALITY an amount not to exceed $0 for pre-agreement costs. Section 3.06 For construction projects fully funded by the County, no more than 10% of the County's funding for the project shall be used for design and engineering costs for the project and be eligible for reimbursement under this Agreement. For construction projects not fully funded by the County, all design and engineering costs associated with the project shall be borne by the MUNICIPALITY, and will not be eligible for reimbursement from the County. Section 3.07 County shall reimburse Project costs only after MUNICIPALITY has expended its share of Project funding in its entirety. MUNICIPALITY shall provide the County with a certification, in a form acceptable to the County, from an independent auditor that the MUNICIPALITY has complied with this Project funding provision. The County will be 4 entitled to rely on that certification in reimbursing Project costs to the MUNICIPALITY under this Agreement. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain the property of the MUNICIPALITY. The COUNTY shall not be required to pay MUNICIPALITY any additional funds for any other capital improvement required by or of MUNICIPALITY. Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. MUNICIPALITY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. Section 4.03 MUNICIPALITY shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Interlocal Agreement by the parties hereto. MUNICIPALITY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.04 The rights and duties arising under this Interlocal Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. MUNiCiPALITY may not assign this Interiocal Agreement or any interest hereunder without the express prior written consent of the COUNTY. Section 4.05 !t is the intent of COUNTY to issue this funding assistance to MUNICIPALITY for the purpose set forth hereinabove. In the event MUNICIPALITY transfers ownership of the Project to a party or parties not now a part of this Interlocal Agreement, other than another governmental entity that agrees to assume, in writing, MUNICIPALITY's obligations hereunder, COUNTY retains the right to reimbursement from MUNICIPALITY for its participation to the full extent of the funding assistance awarded to accomplish the Project. Should MUNICIPALITY transfer management of the project to a party or parties not now a part of this Interlocal Agreement, MUNICIPALITY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, MUNICIPALITY shall not transfer management of the Project to a third party without the written consent of the COUNTY. ARTICLE 5: USE OF THE PROJECT Section 5.01 MUNICIPALITY warrants that the Project shall seNe a public recreational or cultural purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with 5 respect to use of the Project. Section 5,02 The term of this Interlocal Agreement shall be for a period of thirty (30) years commencing upon the date of execution of this Interlocal Agreement by the parties hereto. MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic, community and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 MUNICIPALITY shall affix a permanent plaque or marker in a prominent location at the completed Project indicating that the COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the County seal and a list of County Commissioners, unless otherwise directed by the COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the design/construction of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by the COUNTY, except that such records shall be retained by MUNICIPALITY until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year period. The COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the pu rpose of inspection or audit. ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be addressed to the following: As to the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 With a copy to: County Attorney 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 6 As to the MUNICIPALITY: City Manager City of Boynton Beach 100 East Boynton Beach, Boulevard Boynton Beach, Florida 33435 ARTICLE 8: TERMINATION FOR NON-COMPLIANCE The COUNTY may terminate this Interlocal Agreement upon written notice to MUNICIPALITY for non-compliance by MUNICIPALITY in the performance of any of the terms and conditions as set forth herein and where MUNICIPALITY does not cure said non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do so. Further, if MUNICIPALITY does not cure said non-compliance within the time frame specified above, then upon written notice, the COUNTY may require MUNICIPALITY to reimburse any funds provided to MUNICIPALITY pursuant to this Interlocal Agreement either in whole or in part once the COUNTY has reasonably determined that no other remedy is available. ARTICLE 9: REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 10: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION It is understood and agreed that MUNICIPALITY is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. It is further acknowledged that the County only contributes funding under this Agreement and operates no control over the Project. In the event a claim or lawsuit is brought against County or any of its officers, agents or employees, MUNICIPALITY shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arriving out of or relating 7 to any intentional or negligent act or omission of MUNICIPALITY its agents, servants and/or employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. In consideration for reimbursement of costs incurred prior to the term of this Agreement, the foregoing indemnification shall apply not only during the term of this Agreement, but also apply for the period prior to the Agreement for which MUNICIPALITY is eligible to receive reimbursement from the County. ARTICLE 12: INSURANCE Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the MUNICIPALITY acknowledges to be either insured or self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. The MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Florida Statutes Chapter 440. The MUNICIPALITY agrees to maintain or acknowledges to be self-insured for property insurance, in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, All-Risk property insurance for adequate limits based on the MUNICIPALITY'S replacement cost or probable maximum ioss estimates for the perils of either fire, wind, or flood. MUNICIPALITY shall agree to be fully responsible for any deductible or self-insured retention. The MUNICIPALITY shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Interlocal Agreement. The MUNICIPALITY shall require each Contractor engaged by MUNICIPALITY for work associated with this Agreement to maintain: 1. Workers' Compensation coverage in accordance with Florida Statutes including endorsements for U,S. Longshore and Harbor Workers Compensation Act and the Merchant Marine Act (Jones Act) in the event any portion of the scope of services/work occurs over, near, or contiguous to any navigable bodies of water. 2. Commercial General Liability coverage at limits of not less than $1 ,000,000 Each Occurrence. The COUNTY shall be added an "Additional Insured", 3. Business Auto Insurance with limits of not less than $1,000,000 Each Accident. 8 4. If the construction work being performed exceeds $200,000, a payment and performance bond for the total amount of their construction contract, in accordance with Florida Statute 255.05. 5. The Contractor agrees to carry builder's risk insurance while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum. ARTICLE 13: PUBLIC ENTITY CRIMES As provided in Section 287.132-133, Florida Statutes, by entering into this contract or performing any work in furtherance hereof, MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a), Florida Statutes. ARTICLE 14: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 15: SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 16: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the COUNTY and MUNICIPALITY, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 17: THIRD PARTY BENEFICIARIES This Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. 9 IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: SHARTON R. BOCK, Clerk & Comptroller By: Deputy Clerk ATTEST: By: Clerk APPROVED AS TO TERMS AND CONDITIONS: By: Dennis L. Eshleman, Director Parks and Recreation Department APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: County Attorney PALM BEACH COUNTY, BY ITS BOARD OF COUNTY COMMISSIONERS By: Commissioner Addie L. Greene, Chairperson CITY OF BOYNTON BEACH By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Municipality Attorney 10 EXHIBIT A PROJECT DESCRIPTION, CONCEPTUAL SITE PLAN, AND COST ESTIMATE 12 The following is a breakdown of the cost estimates: ELEMENT COST I Restrooms 175,000 I Picnic Shelters 110,000 Park Furnishing 50,000 Landscaping 25,000 Handrails 20,000 I TOTAL $380,000 An aerial map that indicates that location of the renovations and a legal description are attached. If you need any other information to proceed with the Agreement, please let us know. We look forward to working with you on this project. Thank you. Sincerely, /~ - / (,,/ 'Wally Majors, Director Recreation and Parks Department (attachments) c: Dennis Eshleman, Director, PBC Parks and Recreation Department Susan Yinger, Administrative Support Manager, PBC Parks and Recreation Department Jody Rivers, Parks Superintendent, City of Boyi1ton Beach Kurt Bressner, City Manager, City of Boynton Beach WM/jr ....P-'1... . -1~~ ~- - ". '(; -~< . ""., .~ 'v ~_ ..' 1lN""'.,-' ~-.......- ~ 0) Jl2 CD -.i CD .~ i:J Q) i:J Q) Q) z Q) .... Q) .r::. S en c 0- CO () (j) i:J C CO -.J -- E o o .... ...... (j) (j) 0:: Q) 0- .... ::::l 0.. ........ ..x: CO ~ i:J .... CO o OJ Q) en c ~ o c Q) ...... Q) .r::. (f) c Q) Q) .... (') "' z '" ~ EXHIBIT B LEGAL DESCRIPTION OF PROPERTY 13 ROJE.':T A:; - KRIBll B i\.C:~ 5;u.f 5 ijtarranty lleed 00<'-11"..., Yu N I / ~ ~2 ~ , ht.KJlbh 1... PilL Cl.~fl.'l" 110;. inll,u<Mn' ..., prepo,ed by, (sururorr fOlM-HClION mal Ul GENE MOORE, LAWYER 639 E. Ocean Avenue Post Office Box 910 Boyn ton Beach. Fia. 33425 nJ CT -i fTl o o .\ m~IJ lnbrnturr, Mod. Ihi. 3~' doy 01 January 1985 . IIrlwrrn ARNOLD STROSHEIN, Individually and a~ non-homeatead property TrU!ltee, conveying hia aeparate U"l 00 01 Ih. County 01 Palm Beach Slol. 01 Florida Qranlo,', and CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation ""ho.. po,' offiCI odd.." j, 1 02 E a ~ t Boy n ton Be a c h B 1 v d . Boynton Beach, Florida 33435 f1) 0/ I'" Counry 0/ Palm Beach . S'ol' .of Flor ida . orant..", N if: .Ihttllllrlq. Ihot laid o,onlo,. 101 ond in c~n\iderolion 0/ I'" \Um 0/ TEN-------------------------------------------------no/100 .r:r Dollot., I ond other good ond voluobl. conliderolion, 10 >Did o,onlo. in hond poid by IOid g,ont.., I'" ..nipl "'.....01 iI h...by z oc~nowl.do..a, ho. g.onted. bOlgoin.d ond ",Id to t'" >Did 9,on'". and gIant.... hei" ond 01li9n' 10.....'. th. lollowino =!i d..<,;b.d land, ,ituol.. lying and b.in9 in P a I m Be a c h County. FIo,ida. Io-wiir ~ From the Southweat corner of LOT 12, SAM BROWN JR.'S HYFOLUXO SUBDIVISION, according to ~ the Plat thereof, recorded in Plat Book 1, Page 81 of the Public Recorda of Palm Beach County, Florida, running Easterly along the South line of aaid Lot 12, a diatance of 94.84 feet to the Eaat right-of-way line of State Road No.5 and an iron pipe, THE POINT OF BEGINNING; thence running an angle of 82026' from Ea~t to North running Northerly along the Eaat right-of-way line of State Road No.5, a di~tance of 203.44 feet, thence turning an angle of 97034' from South to East and running Eaat a di~tance of 328.62 feet to an iron pipe, thence turning an angle from West to South of 82026' and runnning Southerly on a.'line parallel to the Weat line hereof, a distance of 203.44 feet to an iron pipe; thence turning an angle of 97034' from North to Weat and running West a distance of 328.62 feet to an iron pipe and THE POINT OF BEGINNING. SUBJECT TO: ea~ementa. re~ervationa, restrictiona, road- / right-of-way of record, if any, and taxes for the year 1985 and.thereafter.SUBJECT FURTHER f to that certain mortgage in the original princpal amount of $95,000,00 in favor of Millicen v Opportunitiea Corp., said mortgage being dated January 16, 1978 and recorded in 0.R.B.2B02 i \ 0 at Page 1341 of the Public Records of Palm Beach County, Florida, which mortgage Grantees .,,'J '0 oagree to assume and pay. D ( /" ') :J ,"J '} /\'7 \ ond .oid o.onlo, doe. "-..by lully warrant Ih. ,iti. to .oid land, ond will d.I.nd ,... \Om. ogoin,' t'" lowful claim, 01 011 p.r\on. whomw.v.,. · "G,onto," and ..oranl..... ore u\f'd for \inqulnt or plural. 0\ (onte.' nQuir". ~n JlUnrllll lDqrrrnf, G,onlo, ho\ horrunlo ~d. ....I.d ond d.'iver~d ~n our p........, V0.-Ct;. /7 ~ ~4 ~ //~~ . Ii", obo... .,ill.n. rs.on (s.on (s.on rs.oo STATE OF FLORIDA' COUNTY Of PALM BEACH I HEREBY CERTIFY ,hot on thi, day b.loI, _. on ollic., duly Q....lili.d '0 lo~. ocknowlodO<Mnh. porlOtlOlIy oppea,ed ARNOLD STROSHEIN, INDIVIDUALLY AND AS TRUSTEE, Ul ...0 nJ -l a.. 10 m. known to b. thl' penon ... ,..<ul.d tho 10m.. WITNESS my hond ond oHidol ..01 in th. Counly. and 19:3$'. . d..<,ib.d in and who ....u.ed tho 10"\lO;n9 in,'""".n' and oc~no""l.d9.d ""Of. .... tho' My commiuion t.pi,,,~ ./ '/ t&~ 4--i~ Nolory Publi< ,r,;:;;;n: Gen. MoOre ~ .L_ --.--/ P. O. 80x 910 ~ Boynton Boach, "'" Rec. 5-: " tJ Fla. !to - /. 7J2.. 0J Surtax - 1/ Inta"3- - ~ 'jb j 7J f', I C' U1 f'TI ::t- :r ~ NaTAllY PUBLIC ST,&,TE OF FLORlo,&,,I,T lARGe: MY COMMISSION EXPIRES SEPT 23. 1988 BONDED THRU GENEAAL INS. UNDERWRITERS RECORD VERlREO PALM BfACH COUNTY FLA JOHN B. DUNKLE CLERK CIRCUIT COURT AMrn;. 7'LL CALL - #: 55 Return: \i PRo,n~CT ]I EXHIBIT B n-c,.. Fla. St. SurtAX l..un.. GfW'" 'j()re p o. ~ 910 B"","""" f>.roclu :;,. (, ,) -bd PAGE ] "C :\ "It. ,I d , ., " !I J\ Md/loU: T1111 Inllrument Prepared by: CE-20-iG33 [13:27"11 88-351 7..'r; THIs ,I"STRL'MENT WAS PF,' ",R(D B"r GENE Mer- i< AnORNfY...uu~"" P. 0,.80X 91C OO.......'ON BEACH, FLO~h -334;.;:.5 )02, 5909 '-'3 t 058 Con i~I~O,OOO,CO ~-- JOHN B DUNKLE,C~ERK - :0 b I :=;5:J. =;'= >=:Ui'.1!';\ Property Apprlllers PlTeel klentllle.t\on IFollo) Number(l): SP"CE AWVE THIS UNf FOR RECORDING OAr" litis toJill'l'ilnly Deed ,\ [",I" tI,e l Ol:h KIRSCH HOLDING CO. INC. , a New Jersey f) II) 88 i, y ((oy (J{ November .\ Corporation IH'rpi'lClfh'r co/lpcl /fIt' qrwlfur, 10 CITY OF BOYNTON BEACH,FLORIDA, A Florida Municipal Corpora~ion '''/'''.'0 1'",'uUI<" ",/,/"."" City Hall, Boynton Beach, Florida 33435 III'fl'ifltlftl'r (01/('(1 fll(' qrnllll'(': rV'd'f'lr,...r "'f'd hrl..j" rlo,- ".."". ~I,lI"'"'' and ~!;"",-r ollrl,,,lt illl tht parllrl III Ihl1 ,n,llurnrlll lna .hr lo.."~ Ir\l..1 Ir"......."I..,"'.' "lid ;0''10(11' ..J I"Jl\uju.lI, ..IHI l~~ ,urCt""rl a.nd ;0'''\111' "I .orpor..."""j 'lilliitnesscth: Tlt(d 1I1f' uro,lior, fur (1IJ(1 ill ClJlIsir!NUlillll of III(' sum oj 51 0.00 and olil('r ltuluuL!" CUIlSI(/",-uJions, r(l(,r'ipl ll,JlI'r('of 1$ L,'rl,IJY lH"J.,,!OIf'{I,,111I'11. IH'rl'/),)! !lrrHll~ i}(Ir[,uin~, st'{{~, oliC'llj, rt'. rni!ojC's. r(,/t.U,H'S, ('O'IIWV5 Cl/Jd {o,l{irms Ilrdo IJl(' \/rnnJf'f', (Ill {!Inl C('rlWH /<1/1(( .dllln/p ill Palm Beach CoulI/Y. florida, I'!';!: LUl' 7, of ::>1\.l"l BROWN JR.S' HYPOLUXO SUBDIVISION, '-.0 the Town Boynton Beach, County of Palm Beach, Florida, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plot Book 1 at Page 81, LESS the Right-of-way for state Road 5. (U.S. Highway #1) SUBJECT TO: of record, easements, reservations, if any, and taxes for the restrictions, yeilr 1988 and road-r igh ~-o: -I. thereafte:::. logelhcr will. all ,1.0 lonemenl,. l1ererlllamenl' and apPll1lenance, t),errlo belonging or In any. !.vise (1pp~rJainjng. ~ "3 10 11allc anel to liold, Rnd ,,,. I/Uj Hune in ! ee ,imple ForPl,C'r i I' Ii il \i II II \1 II I' d \ I II II I, il Ii II I grardor hereby CQ(IE'nants {Vult said gr-an/ee I/ll)! Ihe gran/or I! t(lwfully seized of said /'Jfld i1l fee simple: II HI I tlH? grardor /105 (lood righl and lawful autflorily Jo sell and convey !lDid land; Jiwl lfle prart/or !u?rpI,y fully u'orrun/!l Ille lide 10 Hlitl (and and ul.ll a'c!end die !ame apain.'il tlHJ lawful clairns of oll pprson~ wlwmsoever: and ltwt ~aicl land is free of oll encumhrance.'l, excepl laxe.'l accruing ,t1k~I}<111enl 10 December) I. I Q 87 1n 1ifi1ness ~hercof, II,e wid grallllJ' I"" ,rgned a",/ HaleJ Ihe.. prosentJ rile day and finl about' wrillen. year KIR.sCH~HOLD1Nl;/CId-;', :;:NC., c~~~::~::~Q::;~~:ent: Siqnf'?- Nowels. '01'0 "-RIF'r<=D REe... J I l, \ '-- STATF. UF NEW JERSEY PALM BEACH (;OIJ(j ,y, FLA. COUNTY Of MONMOUTH JOHN B. DUNKLE CLERK CIRCUIT couprj!-ILREBY CLRTIFY th.t on thi. d.y, belore me, .n officer duly :authorized in the Statt': afort':~.il.id :and in Ihl: County afort':!ald, to lak.1: .d.nowkdgmenu, per\.On:ally ilrpl:ued :::::r'.ring B. Kirsch, ?:resident of Kirsch Holding Co. r Lnc. a New ,jersey Co:::-ooration to LITle ~nown to be Ihl": penon !;.e >elnowledge described in :and who oecuted the (',i !'goipg In,u'Jm~nt 2nd he execuled tht': ~ame, btiore me that O::h da.y of \\'ITNESS my h.nd .od olficl.ll still in the County and- :;tale la!.,jIJre.:ti~ till), iiovember i\ D. ,9 88 My commission expires 6/28/89 r \ 1.) t; _ 0'( \ I r, Cd::.\LQD1........... .1..A.(~.....E.!L.E.E.~..I>\:..~~~!...:...... ..No >- ci': '1 i'l1bl i C NOTARY PURL!CIlIi )NEW JERSEY .. Mv CommiSllon h~lm June 28. \ 989 .Y'ft:-l. ',..,u'''tL..L.. I R1rttJfTl: r..:.eT"I"O .".. ''^'' a 'If: 55 / PC" 910 J 8"\"""",, ~ ... r<<oc.. - J! /6 Fl.. St. - ).:)W ,o-v Surtax - l..un&- - 0')/ /. / c) A/dr"~ . Thl\ Instrument Prepared by: "~dl",,: rulS 'N~T~t:I..~.f'IT WAS pF.i...,.,ill:.D BY GE.NE t-,iQ(<i ATICrlf\;t.'r-Ai-lAW P. a,.BOX gjO OOvtlTON BEACH. n.QIllO.A. ~ Property Apprllser3 Pl'rcol identification (Folio) Humber(s): This lC./arl'illlty 10ccd Me,,/,. iI,. IRVING B.KIRSCH and CLARA F. Ilt'rr>i/tu(lpr cul!l,d ,/1(> nrolllur, 10 J ! I 1: u, Ii PROJECT B EXHBIT B PAGE 2 of 3 }, 1, d DEC-20-1988 03:27pm 88-351742 ORB 5909 pg 1059 Con 1,000,000.00 Doc 5,500.00 JOHN 8 DUNk:LEl CLERk: - PB COUNTY, FL SPACE ABOVE THIS LINE fOR RECORDING I),I,TA /o/lt... c/a}'ul /j/~J/~IA(A';;<-A.D.I~88 1o}' KIRSCH, his wife (a/k/a Clara Kirsch) CITY OF BOYNTON BEACH, FLORIDA, a Florida Municipal Corporation U",osp "".Iolfin "clrI"." is City Hall, Boynton Beach, Florida 33435 IH'H.jIlH[I('f l'ullC'cI ,/,(> Hrunl('r': _, _, /\'-hrrr,rr ""1'.1 hr,,-i.. 11... .rlf'" ".(.."."." and "~r:l"".f'" lllrludr "II lIu' III.r....' 1".11111 IfuUUlnrnt, ..nd .I.r I".i.,. Inn. I Ir~"r.........i'I" "ilL! .,,,'''") ..I l.llJ"ulu..h, JllI.J ltat H.lffrHOn .lId "~'lIcnl of uHpCJtalwn,j ~{Jitnesselh: TIICII till' w",,/or. fur ""d j" ,.o",lrlNHlj"" 01 /I,e sum uf ~ 10.00 a,,,l oll,,'r l'uluo/)/fl cutl5icll'rolions. rl"r"pipl wJI('rf'of IS III'r(,/,~, nCkllulI,/I''/!ll'cl. 11I'rc,I,.v (1rollls. hOfgoil15. 5('115. ali(,lls. reo mises, rel(>(Jses. cOllUeys orlCl cutl/in"s unlo die orolll(>('. (Ill ,/H" C('''uin rOllcl silllOlp in Palm Beach Cuulll}', Floricl", pi%: LOTS 8 and 9 of SAM BROWN JR. 's HYPOLUXO SUBDIVISION, to the Town of Boynton Beach, County of Palm Beach, Florida, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat book 1 at Page 81, LESS the Right-af-Way for State Road 5 ( U.S. Highway No.1) SEE ATTACHED FOR FURTHER LEGAL DESCRIPTION TO SUBMERGED LANDS. SUBJECT TO: easements, reservations, restrictions and road-right-of way of record, if any, and taxes for the year 1988 and therafter. Iogether will, all II,. lenemen", heredllamenll and appurtenances Ih.re/o b.longing or In any- wise nppertainlng. 10 Jtaue and 10 ltold, II.. .ame in f.. .impl. farover. 1J1nd ,/,. granlor hereb,. covenald. will, said granlPO 11101 Il.e gran/or i5 lawfull,. .eiud of saiellancl in fee .imple; 11.01 Il.e granlar f,OJ good rigl.l and lawlul aulflOril,. 10 sell and convey sold lantl; 1110/ 11.. pranlor /'er.1oy lully warrcmt. Il.e lide 10 .aiel lalld and will defend Ihe .ame oguiml ,he lawful claims of all pe"o". w'lOmsoev~r; and 11.01 .aid land i. free 01 all encumhrance., excepl laxes accruing wb..quenl 10 December 31, 19 88 In ~i1ness ltIhereof, tile salel gralllar has S1Wleel an.cL.~~tk.e--~ Ihe clay and year Ilrsl above wrillen. ./ Signed .ealed ancI d./lVere r...nce:. ~ .___. --_.---~::::..::- ~ ~i / -- i~~li)ir~. Kir.... .......L:J.. . ... . ..~t{/lAY ?t. /VLVJ d\ W Clara F. Kirsch \. STATE OF COUNTY OF NEW.JERSEY MONMOUTH [ HERE.BY eER 1'1 FY that OQ this day, bdore me, an officr:.r duly "uth('lrizeu in the Statr: atoresaid and in the County aforesaid, to h,k~ ad.nowledgmenu, ptrlOnl.lly appeared IRVING B. KIRSCH AND CLARA F. KIRSCH, his wife to me known to be the perlon desrrikd in .nd who ex"uled .he fo"".'_,.'~ in.lrtlI."...,llnd they .cltnowled~ed before me ,hI they:xcculrd the ume, WITNE.SS my h.nd and affici.1 ".1 November A. D. 19 88 My conunission expires 6/28/89 ill the County 101 Slal': 'l\H .If':'fl..id thi.. 10th day 0/ . {;) ..~ n..~ ~~l~L'~'~F'}~'~"" N&.t~J~ .'-1:0.::.:., l'::'l!'. '.' ,. :. '\ I:'. .. ; .:/I~ n, 1969 ~F':j ~JL7U7' '-S '1 u ':: '.} PRO. fEeT B EXTIIBIT ]I PAGE :), of -j AND a Tract of slunerged land in Section 15, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: - - --_..._-~-_.__.,.._.__.--------..__..- Beginning at a point in the South line of Lot 9, Sam Brown Jr. 's Hypoluxo Subdivision, 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 I, page 81, at a distance of 989.93 feet South 890 19' 00. East of the Southwest corner of said Lot 9, said point being in the high water line of the West shore of Lake Worth; thence North 120 06' 34" East, along said high water line a distance of 149.40 feet to a point in the North line of said Lot 9; thence South 890 18' 20. East, along said North line projected Easterly, a distance of 217 feet, more or less to a point in the City of Boynton Beach Bulkhead Line, as established November 19, 1956, by Ordinance No. 289-1; thence South 40 42' 28" West, along said City of Boynton Beach Bulkhead Line, a distance of 146.77 feet, to a point in the Easterly projection of the said South line of Lot 9; thence North 890 19' 00. West, along the Easterly projection of the said South line of Lot 9, a distance of 237 feet, Inore or less, to the Point of Beginning~ RECORD VERIFIED PALM BEACH COUN (Y, FLA. JOHN B. DUNKLE CLERK CIRCUIT COURT EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES PURCHASE SCHEDULE FORM 14 /~p.~~ /~~,q.'i-\ '~~~...! \~ . ~ -:; \ ' '~Q~1l'Y PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT EXHIBIT C CONTRACT PAYMENT REQUEST Date Grantee: Project Name: Submission #: Reimbursement Period: Item ~ Project Costs This Submission Cumulative Project Costs Consulting Services (CS) Contractual Services (C) Materials, Supplies, Direct Purchases (M) Equipment, Furniture (E) TOTAL PROJECT COSTS Kev Leqend :.6s..~.'Consu.iiYn.g..S.e.;Yices...".....""..."""..."................... : C = Contractual Services i M = Materials, Supplies, Direct Purchases : E = Equipment, Furniture ~........................................................................_........ .......h................. Certification: ! hereby certify that the above expenses were incurred for the work identified as being accomplished in the attached progress reports. Cetiification: I rUlereby certify that the documentation has been maintained as required to support the project expenses reported above and is available for audit upon request. Administrator Date Financial Officer Date County Funding Participation PBC USE ONLY $ $ $ $ $ $ Total Project Costs To Date: County Obligation To Date County Retainage ( _ %) County Funds Previously Disbursed County Funds Due this Billing Reviewed and Approved By: PBC Project Administrator Date Department Director Date G:\SYINGER\FORMS\3Pg-Exhibit C-Bond.xls Page 1 of (.) !::: ...I c: 0 ; ";:: 0 Ul II) 0 II) Ul c: II) >< W W ..J ::::) ....0 ZW W::J: ::EU ....en c::w >-<t~ I-fu::J: ~ou ozO:: (.)0::::) ...;::D.. .en w .....~ tOU> :iEWO:: ..JO::W <toen " ., ..J --<t <t::::) en.... ~u O::<t <to:: D...... z o U :....................................... . . rJ) Q) rJ) ctl ..c:: u ::; D- . <3 [~g.~.~ij : Q) Q.) 0.. ~ !Q)(f)~ g-u.. i~ .~ ~ u: <=" : ==OU)Q) 1 ~ ~ ~ [ i 6 5 .sa '5 UUctlc:r II 11::2 W Ul II II UU:Ew ...............................~ i:i 0 .C Q) C- O; C Q) E E ctl Q) Z ~ C3 ::l ..Cl Q) E Q) 'e 'CD "ell C- o:: 0 0; Q) C ctl .... 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X TI is CD u :Q g ~ ]2 x LU 0, 0... or; (iJ ~ a: o ~ co- c -0 <{ ~ c..9 EXHIBIT 0 PRE-AGREEMENT COST LIST (NOT APPLICABLE) 15 CERTIFICATE OF COVERAGE Certificate Haider f,jnlll-,lstrator AITN DICK COHeN PfI.LM BEf,CH COUNTY BONW OF COUNn COMMISSIONERS I,ISK MANAGEMENT DEP,6,RTMENT 150 AlISiRf,LlAN AVENUE WEST PAL M BE/\CH FL 33405 Florida League of Cities, Inc. Public Risk Services P.O. Box 530065 Orlando, Florida 32853-0065 ':OVERAGES Ti liS :8 TO U::RiIFY l>-<AT THE r,GR:':EMENl BELOW HAS BEEN ISSUEJ TO THE DESIGNATED MEM8ER FOR THE COVER/,GE PERIOJ HmICf,T~L~' rERM OR CONDiTION OF ANY CONTRACT OR OTH::R DOCUMENT WITH RESPECT TO WHICH THIS CERTIF1Ct\TE MAY BE: iSSLJ[D or.;r tM,'( fl1f= AGREEMENT DESCRIBEO HEREIN is SUBJECT TO ALL TH:: TERMS, EXCLUSIONS AND CONDITIOI>JS OF SUCH AGREE~Ei~~ COVERAGE PROVIDED BY FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUr"s~~: FMIT 005~=-rCOVERAGE PERIOD FROM 10/1/06 -r COVERAGE PERIOD: T8 ;,M i-if...1[ TYPE OF COVERAGE, LIABILITY rYPE OF COVEF<AGE ' PROPERTY ~ Empioyee Berlefits Program Administration Liabi:lty fl Medical Atlendants'/fJ1eolc,,1 Directo,s' fv1alprac:ice UabillL ~ Broad FonTI Property Damage [J UrN Enforcement liability [J t Jnrlerground. :::.xoloslon & CollC:;;Jse H<:iZ8rd --,J BUlldings c::: BaSIC Forr- [] SpeCial Forn: lJ Personal Property 0 BaSIC FOITr [J Specia: Forni 0 Agreed AmciLm: L' DeDuctible Nil.. Miscelianeouo- General Liability' ir':jarl~j r,,~ar;< C, Comprehensive General Llabiiity, Bod:ly InJUry. Property Dartl8\)E:! and Persona: Injury' ~::::ectrClnIC [] Errors and Oniisslcns liability :=] Supr:H:~menta! Ernpicyment Practice ~ CCI"SLj,a.r.ce n 8:ankel i SpeCP'ic' Limits of liability ~ Combined Smgle limit =1 Replacement Cost :J !'1cll,al Cash 'value Deductible Ni.l\ Limits of Liability on File with Administr;1tor Automobile Liability [Z, All owned Autos (?ri~'ate Passenger) Q (>\1: owned Autos IOHler Ulan Private Passenge;1 SJ Hired Autos TYPE OF COVERAGE, WORKERS. COMPENSATtO!, o S:atutory Workers' CornpensatiO' l' Emolovers liabilit\, QOO,OOO EJc.1i U'JO.CJOG By Disease Joe AggrE:gale D:sease L::::,,; r'~ori-O~'mCQ /,uics Limits of LiCl.bility ~ Combined Single limit I Deductiole Nit., ~1 Deductible !JiA Automobile/Equipment ~ Deductible @ Pllysl::al Damage Per Sclleduie _ Comorehenslve - Autc Per S:hedule Collision - l\lJ1C ;::Jer Scnedule - Mlscelia;leous Equl;=-:lllent I Other The limit of liability 1$ $2.000,000 (combined Single limit) bodily Injury ana/or property damage each occurrence In excess of 8 sclf-IIlSlrec rHentlon of S $ 100.000 This limit is soieiy for any liability resulting from entry d a claims bit! pursuant to Sec~lor, 768.28 {5': Fio~!da ~;'.rllu!es :~:iosed to Federal Law or actions outside the State of Florida . ~._-.-~_._----~--,._.~.__..-...._--~--~_... ----..---..- Description of Operatiolls/LocationsNel1icles/Specialltems ::',S ~'~'ents. actiVitieS, elections and functions autl)(lflZeC t,lY 'Lne certificate l10iaer ITWO!Vltlg tile (,1esi9natecJ mer'lLier ".,rh::e premises of tne Certificate Holde: The certificate holder is h(:;reby added as an addltlonai :.nsurec, as respecs the memners liability regarding tne atJDve --_.__...._----~--------_._._---- ~ --------~ ---- CO"!FERS NO RIGHTS UPON THE CERT:FiCf.IE HO,-DE'_R TIllS ~')" TH~~ T'l:S CERTIFICATE 15 ISSUED {lS A MA TTEP. OF INFORMATION O~L y {~LlER THE COVERAGE AFFORDED BY THE AGR~EMENT ABOVE c:.NKE'_LAllm~s SHOULD MU F'ART U THE ABC...'VE m:s:;;~Il'lt'~ (XPtRf,TIQN Dt,TE T~E.R~Q;:, -;HE i:;:;SJING 'f'.JRI; TEN NOTiCE. TO IHE CERTIFi::'~r,-;-:: SUCH NOlICE SI-lALllfo'1rOSE NO "R()C;R!Il\~ ITS N-'CNr:i or, REr~ES~tn/,1 [JESIGNA TED MEMBER CITY OF BOYIHON BElICH POBOX310 GoyrnOrJ BEp,CH FL 33425 f MIT-Cfl.:r liltSTATE ~ MoaUU,.Uc::ot..II">\,NV STATE NATIONAL INSURANCE CO. CERTIF1CATE OF INSURANCE DATE ISSUED: 10/12/06 PRODUCER Arthur J, Gallagher & Co 2255 Glades Road Suite 400 E, Boca Raton, FL 33431 This certificate Ig Issued as a matter of Information only and confers no rights upon Ule certificate hokler. This certificate DOES NOT amend, extend or alter Ihe coverage afforded by lhe policies below. COMPANIES AFFORDING COV[g<A GE STATE NA110HAL IN$,VBA-N.J;J.i...QQM.E6!'l1_.____ INSURED City Qf Boynton Beach, FL 100 E. Boynlon Beach Blvd. Boynton Beach, FL 33435 COMPANY (A) COMPANY (8) COMPANY (Cl _____.____ COMPANY (0) .. c~ '~ ,: .:: .. .. . COVERAGES Tills Is to certify that the policies of Insuranca listed below have been IsSlled to the Insurnd namod al>ove for the polley period Indicated, notwithstanding any requirement, term or condition of any contra(~ or oU,sr document with respect to wllich this certlOcate may be ISsued Dr may .pertaln. 1l1e Insur;lI1ce afforded by the policies desCfibed herein Is subject to <lUlhe leml$, exclusions and conditions of such policies. Umlts Show1l tYlay .have tleen rOOuced by pold claims. ~ ,.. ...., ': ...: '''HO'' ' . ,. ... " ,. ... .,.,..."...'-.'. co T VPE Or n'fflUAANCE POt..tCY NuM'GER F'Ol"tCY I:FFEc:nv!:: POI. ICY OXPfM nON LIMITS l"rtl nAIf. "bIIDDIY'() OHE IMIWI)O!YY1 GENI!RAI. lJAlIlUTY ^ r'IiJ COMMERCiAL C.J:NERAl Lll\fllLIlY L>lon C2e6S 15 ,<'vlme 11~.'\J07 GeNfl:.RAL AOGRr.GATE m.JtHQ.t-!! o CLAIMS MADE maC-CUR. PRODUCTS.COMPfQP AC'.G o 'OWNER'S i. CO/iTRACTOH'S ~AOT EACH OCCURRENCE FJR~ DAMAGE {sny one lre) MEn. ~.Y_PerlSE I8"Yon~ P""'SO'\) AUT()i.106IlE LlA1;1llITY ^ o M.l\( AUTO !~l A~~~ Nol Apphr.:Jble N 01 ~pptl(;MIe COMBJNE.O SINGLE l.lMH ~1L__ o ALL O\VN'EO AlJTOS OOOte.. Y INJURY !\>Or___J o SCHEOUL~O AUTOS BOOlL Y INJURY,,,.. 1IJ'_1 o fllRt:O"AlJlOS PROPER'fy r)AMAG& a NOIo:-O\'1NI!O "UfOS o GARAGE UAF.!IUTY , EXCESS LIABILITY A tJ UMaRELLA FORM EACH OCCURRENCE SS,COO,'!X1O. Qil OTt-lF.:P. ntAN UM~RIU,I.A f'Ol~M ltlJ'Jt}7,e&.l15 10.'1,'06 ':0!01,'01 'GGR~GA't'E S10.aoo,@ WORKERS CO,...WENSATIQN Moe 02009 Hi 101'.~ I '"1) EMPLOYERS l..l.A.mun- E'ACH ACCIDE.NT DISIWlI;.POI.ICe u..r ~ mSifJ,3E.EACH E.J.1PlOym;:: XXXX __ POLICY SUBJECT TO SIR As per Gl)neflJ{ Endorsfm7Srlf SNS GEN 01, '-~~S~.RIPTIO~-;~ ;~-~~~ ~IO~;IL;~A ~1~N~;;;;~~~~'~~~~~;I~~~~'~.';~ -- ~~ ~~e~;t~~s u~~~; 'to a. ~i;~';;~;~-~~~;.;n~I-U~l~~ Palm Beach County Board of County Commissioners a political subdiviSion of the Slate of FiQnda. Its Officers Employees and Agents es additional insured as their Interests may appear lI\roughout the policy period for municipal activities In coordination andlor ..__(;?r.'iu_nc!I(Jr.','Y.i~~. f'_alr.n..l3e~c:~_ ~.~r.'.~_I3..?E1~_o.~.c.9!!r.'tyc.?I11"!1i~'.!.e.~s:_f.':JI_o1tl~r.~"'rTT)~.~"9_C..?~_~it.i?"-~.'?~p"!i9:.~'!.'E1!'2.u_~~~<:'.~,,,d;.._ 10J0111J7 :iT ,\TUTORY LIMITS Stil:wtOlY CERTIFICATE HOLDER ~ Beach County Board of County I J-'81n Commissioners Risk MgL Depl. 160 Auslralian Dr West Palm Beech, FL 33406 Attantion: Dick Cohen Should any of the above described pOUci"" be cancelled before the expiration dste tllereol, the issuing company will endeavor to mail ~ (jays wmlEn notice to Ihe certificate holder named to ttle left, bUl failure 10 nialt such notice shall impose no obligation or tiabiflty of any kind upon fhe company, its agents or representativetl. /.. .~ ) .'! / , . ,J' /.::'<'J~) ,I /' ! ,~.. ~,.-,-:_~-_ - ,/'.;,../ .' ...j,o-_~""""'-? Sandra M, Donaghy' ._~ Authorized signature: Meadowbrook insurance Group CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR.-. VI.-CONSENT AGENDA ITEM C.4 Requested City Date Final Form Must be Requested City Commission Date Final Form Must be Commission Meetino Dates Turned in to Citv Clerk's Office Meetino Dates Turned in to Citv Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19, 2007 June 4, 2007 (Noon) 0 May 1, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June lS, 2007 (Noon) 0 May 15, 2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) [8J August 7, 2007 July 16, 2007 (Noon) I., ,. NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative [8J Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o City Manager's Report o New Business o Legal o Unfinished Business n L........J RECOMMENDATION: Approval by Resolution R07-_ the adoption of the City Of Boynton Beach's Five Year Consolidated/One Year Action Plan for FY 2007/2008, and the contracts for sub-grantees to reflect the proposed expenditures as outlined in program impact. {PLANATION: The City Of Boynton Beach is in its eleventh year of receiving Federal Grant Funds. The One Year ~Ian has been developed with the activities recommended and approved and amended by the Commission at their July 17th, 2007, meeting. PROGRAM IMPACT: The availability of much needed services that are eligible under the CDBG program and provided to our community by various organizations. Grant Amount $543,483 Aid to Victims of Domestic Abuse Boynton Beach Faith Based CDC Community Caring Center Fair Housing Center PBC Resource Center R. M. Lee CDC TOTAL SUB-GRANTEES Awarded to Sub-grantees 7/17/07 10,000 80,000 55,000 5,000 30,000 60,000 $240,000 FISCAL IMPACT: The City Of Boynton Beach expects to receive $543,483 for FY 2007/2008, with $240,000 to be granted to six (6) sub-grantees. The remaining grant dollars will assist with administrative costs, provide summer camp scholarships through the City's Recreation & Parks Department, and allow housing rehabilitation and associated administrative costs. I') at this time. ~ J{j. .' j /1i~ ....tity Man geF's signatu;~. ./ Assistant to City M age UM-/ Community Improvement Division Department of Development 5: \Community Improvement\Agenda Requests\2007\CCS-7 CDBG Plan & Contracts. doc 2 RESOLUTION R07- 3 4 5 6 7 A RESOLUTION OF THE CITY OF BOYNTON BEACH~ FLORIDA~ APPROVING THE ADOPTION OF THE CITY OF BOYNTON BEACH~S FIVE YEAR CONSOLIDA TED/ ONE YEAR ACTION PLAN FOR 2007-08; APPROVING AND AUTHORiZING EXECUTION OF CONTRACTS WITH GRANT RECIPIENTS TO REFLECT THE PROPOSED EXPENDITURES AS OUTLINED IN THE PROGRAM IMPACT; AND PROVIDING AN EFFECTIVE DATE. 8 9 10 11 12 13 14 15 16 WHEREAS, the City of Boynton Beach is entering into its eleventh year of 17 receiving federal grant funds as an entitlement community; and I 18 WHEREAS, the One-Year Action Plan has been developed with activities 19 recommended and approved by the Commission at its July 17,2007 meeting. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part ofthis Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach hereby approves the 26 adoption of the City of Boynton Beach's Five Year Consolidated/One Year Action Plan for fiscal 27 year 2007-08, which Plan is attached hereto as Exhibit "A" and made a part hereof. and approves 28 and authorizes execution of contracts with grant recipients. 29 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\07-08 Five Year One Year Plan (Comm Imp).doc - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: 29 30 31 32 33 Janet M. Prainito, CMC 34 City Clerk 35 36 37 (Corporate Seal) PASSED AND ADOPTED this day of August, 2007. 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V) C <( .... o > :x: ..c: - .~ QJ en o ..c: - C- O) :x: C QJ .... <( "'0 o :E .......... ~ o ..... - .... ....... - C ....... co o N d "- LO >.. := :.a C) W - u ....... o o LO d "- LO QJ - C > .;:: 0.. QJ "C ~ >- :!:: l:: ::l E E o u - t: QJ .0. .- u QJ .... I .0 ::>> V) ..;...= t: QJ .0. u QJ .... .0 ::>> V) - III ....... l:: o :;::: C U o ....I AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AID TO VICTIMS OF DOMESTIC ABUSE, INC. THIS AGREEMENT, entered into this day of , 2007, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and AID TO VICTIMS OF DOMESTIC ABUSE, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at Post Office Box 667, Delray Beach, FL 33447 and its Federal Tax Identification Number as 59-2486620. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and AID TO VICTIMS OF DOMESTIC ABUSE, INC. desire to provide the activities specified in Part II of this contract; ^ nr1 rl.11\,..I Whereas, the City of Boynton Beach desires to engage AID TO VICTIMS OF DOMESTIC ABUSE, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division 4) "The Agency" means AID TO VICTIMS OF DOMESTIC ABUSE, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.s. HUD" means the Secretary of the U.s. Department of Housing and Development or a person authorized to act on u.s. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $10,000.00 for the period of October I, 2007 through September 30, 2008. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-07- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from cm, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2008. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to cm for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and cm. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to cm. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is continqent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the cm Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the cm Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with cm in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee cm Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the cm Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify cm in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to cm and approved by cm prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the cm Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the eID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Riahts Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small. and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that cm will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.s. HUD on forms approved by CID. ~.1onthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A~133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the COBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CIO provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. ~itizen Participation Agency shall cooperate with cm in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of cm or the City. K. Project Publicitv All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUO in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDSG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date u.s. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to cm. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to em at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of ,2007. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY AID TO VICTIMS OF DOMESTIC ABUSE, INC, By: By: [CORPORATE SEAL] Page 14 of 16 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION THIS AGREEMENT, entered into this day of , 2007, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at Post Office Box 337, Boynton Beach, Florida 33425 and its Federal Tax Identification Number as 65-0971509. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division Page 1 of 16 4) "The Agency" means BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORA nON 5) "C1O Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the C10 Policies Procedures 6) "U.s. HUD" means the Secretary of the u.s. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by C1O, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to C1O. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $80,000.00 for the period of October I, 2007 through September 30, 2008. Page 2 of 16 Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-07- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2008. c. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Page 3 of 16 Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the C10 Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the C10 Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with C10 in accordance with Part N, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee C10 Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the C10 Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify C10 in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to C10 and approved by C10 prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, Page 4 of 16 shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies \^/ith any additional conditions that may be imposed by eID, the City' or U.s. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. Page 5 of 16 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CrD. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Riqhts Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, Page 6 of 16 these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. C. Proiect Beneficiaries At least 51 percent (51 %) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to C1D, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.s. HUD on forms approved by cm. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. Page 7 of 16 E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for revievv' or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated Page 8 of 16 under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attornels fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in fOice Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. Page 9 of 16 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-ll0 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to cm provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with cm in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of cm or the City. K. Proiect Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-1l0, A-122 and A-133 Page 10 of 16 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CrD. Items 9 through 14 above shall be transmitted to cm by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not Page 11 of 16 remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of u.s. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to cm. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Page 12 of 16 Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who wi!! perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of ,2007. A TIEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: cm CLERK cm MANAGER APPROVED AS TO FORM: cm A TIORN EY BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION By: By: [CORPORATE SEAL] Page 14 of 16 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COMMUNITY CARING CENTER of BOYNTON BEACH, INC. THIS AGREEMENT, entered into this day of , 2007, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and COMMUNITY CARING CENTER of BOYNTON BEACH, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 145 N.E. 4th Avenue, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0447796. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and COMMUNITY CARING CENTER of BOYNTON BEACH, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage COMMUNITY CARING CENTER of BOYNTON BEACH, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Division of Community Redevelopment 4) "The Agency" means COMMUNITY CARING CENTER OF BOYNTON BEACH, INC. Page 1 of 16 5) "C!D Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.s. HUD" means the Secretary of the u.s. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by u.s. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by C!D, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to C!D. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $55,000.00 for the period of October I, 2007 through September 30, 2008. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-07- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2008. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shail be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior 'vvritten appiOval of the cm Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 cm the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. ~J}onthly Grantee Performance Reports 4949.2 (Activity' Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to cm within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to Habilfty caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to cm provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with cm in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of cm or the City. K. Proiect Publicitv All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency wili include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for seNices rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraoing The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to C!D. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to C!D at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of , 2007. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY COMMUNITY CARING CENTER of BOYNTON BEACH, INC. By: By: [CORPORATE SEAL] Page 14 of 16 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. THIS AGREEMENT, entered into this day of , 2007, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 1300 West Lantana Road, Suite 200, Lantana, Florida 33462 and its Federal Tax Identification Number as 65-0972629. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "ClD" means Division of Community Redevelopment 4) "The Agency" means FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.s. HUD" means the Secretary of the u.s. Department of Housing and Development or a person authorized to act on u.s. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $5,000.00 for the period of October I, 2007 through September 30, 2008. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-07- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.s. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2008. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Pavment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the cm Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the cm Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with cm in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee cm Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the cm Manager or his designee and placed or file with CID. Should a project receive additional funding after the commencement of this Agreement. the Agency shall notify cm in writing within thirty (30) days of their notification by the funding sou'c - and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any tirr.e the C'lty deem~ necessary +-0 determ'lne the _~~~h;I'lty ~~ +-h~ ^~~~-" +-0 ~__~II" -~~~~~ +-he pro~e-+- . I ~ I L I I ~C1J.1C1VI VI LIII:: /"'\,:!I::II~Y I. 11~~aIlY IIIClla,:!1:: I. I J l..\.: i accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to cm and approved by cm prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the cm Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.s. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or u.s. HUD at any time. 7) Prior Written Approvals - Summary The follo'vving includes, but is not limited to, activities that require the prior written approvai of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 cm the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small. and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "AIf of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. ~.10nthly Grantee Performance Repor-LS 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to eID within one hundred and eighty' (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, 'vvhich must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-ll0 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to cm provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with cm in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of cm or the City. K. Proiect Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-B3 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the .A.gency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to cm. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to cm at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.s. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Aqreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of ,2007. ATTEST: JANET PRAINITO, CMC cm CLERK, cm OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: cm CLERK cm MANAGER APPROVED AS TO FORM: cm ATTORNEY FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC, By: By: [CORPORATE SEAL] Page 14 of 16 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY RESOURCE CENTER THIS AGREEMENT, entered into this day of , 2007, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and PALM BEACH COUNTY RESOURCE CENTER, a non- profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 2001 Broadway, Suite 250, Riviera Beach, Florida 33404 and its Federal Tax Identification Number as 65-0880746. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and PALM BEACH COUNTY RESOURCE CENTER desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage PALM BEACH COUNTY RESOURCE CENTER to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Division of Community Redevelopment 4) "The Agency" means PALM BEACH COUNTY RESOURCE CENTER Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.s. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $30,000.00 for the period of October I, 2007 through September 30, 2008. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-07- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2008. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shaii be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-ll0 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.s. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The follov'v'ing includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 cm the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitorino The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by cm or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. iv10nthiy Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMS A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMS A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMS Circulars A-llO, A-133 and other , applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Secomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to cm provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with cm in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of cm or the City. K. Project Publicitv Ail facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.s. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of u.s. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CrD. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to cm at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of ,2007. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: cm CLERK CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY PALM BEACH COUNTY RESOURCE CENTER By: By: [CORPORATE SEAL] Page 14 of 16 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND R, M. LEE COMMUNITY DEVELOPMENT CENTER, INC. THIS AGREEMENT, entered into this day of , 2007, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 900 N. Sea crest Blvd., Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0937804. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CIO" means Division of Community Redevelopment 4) "The Agency" means R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. Page 1 of 16 5) "cm Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.s. HUD" means the Secretary of the u.s. Department of Housing and Development or a person authorized to act on U.s. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by u.s. HUD B. PUr'Dose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to cm. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $60,000.00 for the period of October I, 2007 through September 30, 2008. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-07- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2008. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence! in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws{ ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CrD Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with cm in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the cm Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the cm Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the cm Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 ClD the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to ClD's prior approval. Pay rates and increases paid out of CDSG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small. and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to eID 'Nithin one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, \Nhich must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with cm in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of cm or the City. K. Proiect Publicitv All facilities purchased or constructed pursuant to this Agreement should be dearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-B3 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, dra'v'v'ings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with COBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraoing The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.s. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to cm. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to cm at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)( a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of ,2007. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CIlY MANAGER APPROVED AS TO FORM: CIlY ATTORN EY R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. By: By: [CORPORATE SEAL] Page 14 of 16 VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\tl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) 0 May 1, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2,2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) C8J August 7, 2007 July 16,2007 (Noon) 0 AnnouncementslPresenta tions 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 RECOMMENDATION: A motion to approve the first Task Order for the RFP: "SCADA and Telemetry Goods and Services" RFP# 037-2821-07/CJD in the amount of: $ 1,394,247.90. EXPLANATION: At the Commission meeting of June 19, 2007, DcR Engineering, Inc. of Lakeland, Florida was awarded a contract to provide Supervisory Control and Data Acquisition (SCADA) system and Telemetry system services for the Utilities Department on a task order basis. This first task order will provide engineering, design, configuration, installation, and training service required to provide the City with remote monitoring and control of the City's lift stations, wells, water treatment plants, and water storage and pumping facilities. Concurrently, 129 of the City's existing water and wastewater pumping facilities will be upgraded and remotely monitored, controlled, alarmed and historically logged. After completion, the new Telemetry System will provide more reliable and superior service to the City of Boynton Beach Utility's customers. This task will include all hardware, software, installation, startup and system testing for the deliverables as itemized on the attached task order. PROGRAM IMP ACT: The purpose of this task order is the first phase of a multi year project and calls for the installation of the SCADA and Telemetry infrastructure and the replacement of the existing remote control systems at our wellfields, remote storage facilities, stormwater pumping stations and a number of wastewater lift stations. Subsequent phases will complete the replacement of the remote control systems at the lift stations and also replace the Water Treatment Plant control systems, merging everything into one single system. This phase of the project is expected to take about one year. S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM These funds have been budgeted in the CIP 2006-2007 Budget to be charged as follows: FISCAL IMPACT: ACCOUNT# 403-5000-590-96-02 WTR 132 403-5000-590-96-04 SWR 112 403-5000-590-96-02 WTR 105 EXPENDITURE: $124,911.00 $1,004,667.36 $264,669.54 AL TERNA T1VES, By not doIng 'hI, t.,k o,d", w, wonld h, p,ovldlng '~~'= ,",tom"" City Manager's Signature Procurement Services S:\BULLET1N\FORMS\AGENDA lTEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO EXECUTE TASK ORDER NO. U07-03 6 IN THE AMOUNT OF $1,394,247.90 WITH DCR 7 ENGINEERING SERVICES, INC., FOR 8 ENGINEERING, DESIGN, CONFIGURATION, 9 INSTALLATION, AND TRAINING SERVICE 10 REGARDING THE CITY'S LIFT STATIONS, WELLS, 11 WATER TREATMENT PLANTS AND PUMPING 12 FACILITIES; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 16 WHEREAS, at the Commission meeting of June 19,2007, DcR Engineering, Inc., 17 of Lakeland Florida was awarded a contract to provide Supervisory Control and Data 18 Acquisition (SCADA) system and Telemetry system services for the Utilities Department on 19 a task order basis; and 20 WHEREAS, the purpose of this Task Order is the first phase of a multi year project 21 and calls for the installation of the SCADA and Telemetry infrastructure and the replacement 22 of the existing remote control systems at our wellfields, remote storage facilities, stormwater 23 pumping stations and a number of wastewater lift stations; and 24 WHEREAS, the City Commission of the City of Boynton Beach upon 25 recommendation of staff, deems it to be in the best interest of the citizens of the City of 26 Boynton Beach to authorize execution of Task Order U-07-03 in the amount of 27 $1,394,247.90, with DcR Engineering Services, Inc., for engineering, design, configuration, 28 installation, and training service regarding the city's lift stations, wells, water treatment 29 plants, and water storage and pumping facilities. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESOlAgreemenls\Task . Change Orders\DCR Task Order U-07-03.doc Section 1 . The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and conect and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission of the City of Boynton Beach. Florida does 5 hereby authorize and direct the approval and execution by the City Manager of Task Order 6 U-07-03 in the amount of $1,394,247.90, v-/ith DcR Engineering Services, Inc.. for 7 engineering, design, configuration, installation, and training service regarding the city's lift 8 stations, wells, water treatment plants, and water storage and pumping facilities, a copy of 91 . - II lU which is attached hereto as exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. 11 PASSED AND ADOPTED this day of August, 2007. 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ATTEST: 31 32 33 Janet M. Prainito, CMC 34 City Clerk 35 36 (Corporate Seal) CITY OF BOYNTON BEACH. FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald \'1-../ eiland Commissioner - Mack McCray Commissioner - Carl McKov S:\CA\RESO\Agreemenls\Task . Change Orde:-s\DCR Task Oreer U-(!7.03.dOc.: City of Boynton Beach Utilities Department Utilities #07-95 Interoffice Correspondence TO: Bobby Jenkins Assistant Finance Director DATE: 16th July, 2007 FROM: Kofi Boateng Utilities Director PHONE: PROJECT: RFP #037-2821-07/CJD SCADA and Telemetry Goods and Services: Phase 1, System Infrastructure and Remote Telemetry Units SUBJECT: Task Order # U-07-03 (revised) Please find the attached task order for DcR Engineering Services, Ine based upon RFP # 037-2821-07 /CJD SCADA and Telemetry Goods and Services. This is the first phase of a multi year project and calls for the installation of the SCADA and Telemetry infrastructure and the replacement of the existing remote control systems at our wellfields, remote storage facilities, stormwater pumping stations and a number of wastewater lift stations. Subsequent phases will complete the replacement of the remote control systems at the lift stations and also replace the Water Treatment Plant control systems, merging everything into one single system. This phase of the project is expected to take about one year. As explained in the original RFP submission the current SCADA and Telemetry systems are either giving serious reliability problems or are no longer supported by the original manufacturer. The replacements are based around an open system architecture and will be designed to integrate into any future system requirements needed by the Utility. The outcome will be a more comprehensive system providing for improved response times to problems at our remote installations and greater reliability during weather or power emergencies. The attached documents include the Task Order, an exhibit showing the cost breakdown and the associated pricing sheets from the RFP submission from DcR Engineering Services, Ine. We have also included lists of the telemetry systems to be changed out and their addresses. Funds are available in the CIP at Utilities Account Nos. 403-5000-590-96-02 WTR 132 $124,911.00 403-5000-590-96-04 SWR 112 $1,004,667.36 403-5000-590-96-02 WTR 105 $264,669.54 TOTAL $1,394,247.90 CC Pete Mazzella Barb Conboy Michael Low Project File TASK ORDER NO. U - 07- 03 CITY OF BOYNTON BEACH UTILITIES DEPARTMENT 124 East Woolbright Road Boynton Beach, Florida 33435 Title of Project: RFP #037-2821-07/0D SCADA and Telemetrv Goods and Services: Phase 1. System Infrastructure and Remote Telemetry Units A. SCOPE OF SERVICES: This project will provide engineering, design, configuration, installation and training services required to provide the City with remote monitoring and control of the City's Lift Stations, Wells, Water Treatment Plants and Water Storage and Pumping Facilities. Concurrently, 129 of the City's existing water and wastewater pumping facilities will be upgraded and remotely monitored, controlled, alarmed and historically logged. After completion, the new Telemetry system will provide more reliable and superior service to the City of Boynton Beach Utility's customers. This task will include all hardware, software, installation, startup and system testing for the deliverables itemized below. DELlVERABLES AND SERVICES INUUDED: Reference the attached spreadsheet (Exhibit 1) and RFP #037-2821-07/CJD for details of the project deliverables and pricing. 1. Provide engineering, design, installation and configuration of two Central Servers/Field Interface Units (FlUs). One FlU will be located at the East Water Treatment Plant with a second redundant FlU located at the West Water Treatment Plant. Each of the FlU's will consist of 4 Front End Processors (FEPs), Redundant VTScada Server computers, Ethernet switches, 4 CDM750 Radios, antennas and rack mount enclosures. FlU redundancy will be configured via radio and the City's control network. VTScada redundancy will be configured via the City's control network and will auto-synchronize after a network failure. Provisions will be made for additional network redundancy. 2. Furnish and install upgrades to the City's two existing VTS/VTScada software licenses to the latest version with upgrades and support through June 5, 2008. 3. Furnish and install redundant VTS Browser Server License to the existing VTS Servers for remote access via Microsoft Internet Explorer. 4. Furnish seven (7) additional concurrent VTS Browser Licenses for a total of eight (8). 5. Provide upgrades and support licenses for the VTS Browser Clients through June 5,2008 to coincide with the existing VTScada Server Licenses. 6. Engineer, design, furnish, install and configure four RF repeaters. Preliminary design divides the City into 4 zones at Boynton Beach Blvd N&S and Congress Ave E&W. The repeaters will be located at NW: LS918, NE: LS309, SW: LS814, SE: LS40S. NoRemote Telemetry Unit (RTU) will be Page 10f4 required to communicate more than 1.9 miles and we expect no RTU antenna to be over 6 foot elevation. To restore the ambiance of the City, the existing eyesore towers will be removed and dome antennas will be utilized. 7. Furnish a spare repeater, setup and configured for replacement in case of a zone repeater failure. 8. Provide engineering and professional services for combining the existing remote water and wastewater HMI applications into a single redundant application. This will provide a combined point of access for operational, reporting and alarming. Information Realms will be created for personnel and access security. 9. Currently, the City's business and SCADA networks are shared creating a potential security risk to the City water system. This item will, in conjunction with the planned plant SCADA upgrade, provide the additional hardware required to isolate the two networks and provide a secure-point of entry into the SCADA network from the business network. 10. Provide a customized and extensive training program for Maintenance, Operations, Engineering and Administration. The City's Maintenance personnel will be trained in self-performing repairs, upgrades and ongoing maintenance of the pumping station equipment. Operators will be trained in control and first response procedures based on the City's Standard Operating Procedures (SOPs). Engineering and Administration will be trained in system configuration, data analysis, security administration, and specification and design procedures. 11. This item will provide materials combined with a standard duplex lift station RTU for "hands on" training of Maintenance Personnel. A standard lift station Pump Control panel will be manufactured per the City's specification during training utilizing a standard duplex RTU. After completion of the training program, the Pump Control Panel may be installed at an existing lift station budgeted for upgrade. 12. Upgrade 90 of the City's 154 Duplex Lift Stations itemized in Exhibit 2 with MOSCAD ACE RTUs. This item will provide wireless monitoring, control, alarming and reporting of ninety existing duplex lift station. The existing SCADA equipment and towers will be removed and the controls upgraded to current National Electrical Codes (NEC) and Underwriters laboratory (Ul} Standards. Pump control redundancy, emergency alarm reporting, station history and operation records, and pump control standardization will be provided with this item. 13. Upgrade the City's 5 Triplex Lift Stations itemized in Exhibit 2 with a Motorola MOSCAD ACE RTU. This item will provide wireless monitoring, control, alarming and reporting offive existing triplex lift stations. The existing SCADA equipment and towers will be removed and the controls upgraded to current National Electrical Codes (NEC) and Underwriter's Laboratory (Ul) Standards. Pump control redundancy, emergency alarm reporting, station history and operation records, and pump control standardization will be provided with this item. 14. Upgrade the City's single Quadruplex Lift Station itemized in Exhibit 2 with a Motorola MOSCAD ACE RTU. This item will provide wireless monitoring, control, alarming and reporting ofthe existing quadruplex lift station. The existing SCADA equipment and tower will be removed and the controls upgraded to current National Electrical Codes (NEe) and Underwriter's laboratory (Ul) Standards. Pump control redundancy, emergency alarm reporting, station history and operation records, and pump control standardization will be provided with this item. 15. Upgrade the City's 19 Wells in the East Well Field with Motorola MOSCAD ACE RTUs. This item will provide wireless monitoring, control, alarming and reporting of the existing twenty wells in the east well field. The existing SCADA equipment and towers will be removed and the controls upgraded to current National Electrical Codes (NEe) and Underwriter's laboratory (Ul) Page 2 of4 Standards. Pump control, emergency alarm reporting, station history and operation records, and pump control standardization will be provided with this item. 16. Upgrade the City's 11 Wells in the West Well Field with Motorola MOSCAD ACE RTUs. This item will provide wireless monitoring, control, alarming and reporting of the existing eleven wells in the west well field. The existing SCADA equipment and towers will be removed and the controls upgraded to current National Electrical Codes (NEC) and Underwriter's laboratory (UL) Standards. Pump control, emergency alarm reporting, station history and operation records, and pump control standardization will be provided with this item. 17. Upgrade the City's 2 Water Storage and Pumping Facilities with Motorola MOSCAO ACE RTUs. This item will provide wireless monitoring, control, alarming and reporting of the existing two water storage and pumping system. The existing SCADA equipment and towers will be removed and the controls upgraded to current National Electrical Codes (NEe) and Underwriter's laboratory (UL) Standards. Pump control redundancy, tank level monitoring, valve control.. emergency alarm reporting, station history and operation records, and pump control standardization will be provided with this item. B. SCHEDULE The final schedule for OCR Engineering Services, Inc.'s services will extend from our authorization date to 360 calendar days. Page3of4 C. COMPENSATION TO THE ENGINEER For conducting the base services delineated in Section A, Task Order 2007-01 is amended to the Agreement dated June 19,2007; DCR shall receive the lump sum fee of $1,394,247.90. This fee includes all labor and other direct costs for the scope of work spedfied in Section A of this Task Order and are represented in Exhibit 1 and RFP #037-2821-07/CJD. Additional work efforts requested by the City, which are beyond the scope of work identified in Section A of this Task Order, will be negotiated separately from this scope as compensation to DCR for this additional work. Partial payments of the lump sum fees are to be paid to DCR on a monthly basis in proportion to the percentage of work completed and materials received. AMOUNT AUTHORIZED FOR TASK ORDER NO. U - 07- 03 $ 1.394.247.90 Submitted By: Todd BI:i_dbenner, P .E. Presid nt, OCR Engineering Services, Inc. CITY OF BOYNTON BEACH, FLORIDA Approved By: Kurt Bressner City Manager Approved as to Form: Attest! Authenticated: Office of the City Attorney Secretary Page 4 of 4 Exhibit 1 Redundant Centrals/FlUs to RFP #037-2821-07/CJD This Information IS based on OCR En Per DCR's RFP resoonse pricing and 80M This Includes, at leach of the WTPs complete engineering. design, Installed and IfU:1ctlonal 4 Front End Processors (FEP), Redundant \!TScada IServer computers. Ethernet switches, 4 CDM75D Radios, lantennas ana configuratIon FlU redundancy will be configured via radio and the eXlstJng network VTScada redundancy will be configured vIa the eXisting netvvork and will auto~synchronlzalJon after a network failure. 67.58302 Uns item 1 Includes new minor managed Ethernet switches for ithe new SCADA equipment. We have also included design and )isolation of the new SCADA Ethernet as part of the FlU !Implementatlon with the VTScada Seryers being the entrance ipolnt from the Business net'Nork This includes Isolation 01 the lexlstlng I="IX and PLC SCADA network. IsolatIon at both the East land West WTPs, As the plant SCADA (FIX) IS combined with ithe VTS and the MES servers are Implementeo, additional points of entry may be required. We have provided thiS allowance for more powerful network equIpment for additional security abilitIes Per DCR's RFP response these materials will be Invoiced at cost plus 19%, 15 17 Water Stora e and Pum in Total 1.366,909.71 Task. Amount 1394.247.90 Quadraplex Liftstation DESCRIPTION TOTAL NO ITEM/DESCRIPTION QTY COST 1 F7574, ACE3600 FORCM200 UHF . "'.> ......;. 1 ,-c- 1,279.00 .....2 V851, CM200 RADIO ".' '., . ..... , ;' 1 535.00 3 V214,38 X 38C;M METAL CHASSIS ... .. :. , 1 196.00 4 V103, 31/0 SLOTSFRAME;" ",' ,', "'>~ 1 ,.205.50 '5 V261;AC PS!\!)~2.64V WITH BATTERY CHARGER.. 1 364.00 li6 V114;6;5 AHBAPKUP BAljTERY 1 164.50 .')'7 V24!),'.16DIADO EE4AI20MA" .........c,'...>,:>..:. 2 "'.1,373.00 8 V20}ADD: BLANK MODULE , , :....,...:... 1 I....; ", 27.70 '9 :.CPl . ..:....,....;.,..:.......".\.......:,' "',.,(. '<.10 87 11 RTU/HMI Applications and Software Configuration 1 189.50 12 RTU Mount, Antenna and Cabling. Low Profile Antenna 1 510.62 13 AC Surge Suppression (Hesco) 1 64.15 14 Backup Pump Controller BR560 (2 pump control) 1 473.35 15 Analog Voltage Monitor BR549 (300V/600V) 1 407.90 16 3 Ph Fuse Block w/ CC fuses (for phase monitor) 1 113.49 17 Ammeters (each 1 required for each pump 5/8" Hole) 4 670.62 18 RTU Intrusion Switch and Bracket 1 71.91 19 PCP/Site Intrusion Switch and Bracket 1 112.96 20 Prepreparation and Installation 1 284.25 21 Controller CoversionfTumaround 1 717.25 22 Mixed i/O Interface Block 2 1,109.50 23 Operator Panel custom sheet metal 1 43.98 24 Horn and Light 1 130.90 25 Sq. D 3 Position Selector Switch w/ 4 NO contacts 4 201.44 26 Sq. D Hand/Off/Auto Nameplate 4 13.80 27 Sq. D LED Run Light 4 181.74 28 Sq D Pump Run Nameplate 4 26.94 29 Custom Engraved Tags 1 9.52 30 Momentary Push Button 1 21.84 31 Hour Meter 4 185.64 32 Assembly and Prewire 1 47.38 33 34 35 36 37 38 39 40 41 Professional Enginneer 1 113.70 42 OEM Drawing 1 23.90 43 Administration 1 6.63 ':4'4 Acceptance Testing 1 69.50 hf45 Warranty . '. 1 34.75 '\4E! Truck Rental' . 1 .. 80,00 (47 Hotels (GSA Rates) 2 ..' 192.00 CA8 Meals (GSA Rates) 2 .... .... 1"49 State Sales Tax . 7.00% 431.12 .j, 50 Freiaht' '., 2.50% . '.. 153.97 51 Bond SHEET TOTALS 10.838.95 I $ 10,838.95 Tri plex Liftstation DESCRIPTION TOTAL NO ITEMIDESCRIPTION QTY COST 1 F7574, ACE3600 FOR CM200 UHF 1 1,279.00 2 V851 , CM200 RADIO. '.' 1 535.00 3 V214, 38 X 38 CMMETAL CHASSIS 1 196.00 .' 4 V103,3'1/0 SLOTS FRAIylE:, , .... .... 1 205.50 5 V261. AC PS 85-264 V WITH BATTERY CHARGER 1 364.00 6 V114, 6.5 AH BACKUP BATTERY 1 ..... 164.50 7 V245, .16D14 DOEE 4 AI 20MA ....... .- 2 . 1,373.00 8 V20, ADD: BLANK MODULE .... .' .. 1 ". 27.70 ;'>9 F7502,ACE CPU3640' - . ....... . i: 10 ,',;,.;,,":,"'.."'" = ", :. ........', "\..' ...;, 11 RTU/HMI Applications and Software Configuration 1 189.50 12 RTU Mount, Antenna and Cabling, Low Profile Antenna 1 510.62 13 AC Surge Suppression (Hesco) 1 64.15 14 Backup Pump Controller BR560 (2 pump control) 1 473.35 15 Analog Voltage Monitor BR549 (300V/600V) 1 407.90 16 3 Ph Fuse Block w/ CC fuses (for phase monitor) 1 113.49 17 Ammeters (each 1 required for each pump 5/8" Hole) 3 502.97 18 RTU intrusion Switch and Bracket 1 71.91 19 PCP/Site Intrusion Switch and Bracket 1 112.96 20 Prepreparation and Installation 1 284.25 21 Controller CoversionlTurnaround 1 717.25 22 Mixed i/O Interface Block 2 1.109.50 23 Operator Panel custom sheet metal 1 43.98 24 Horn and Light 1 130.90 25 Sq. D 3 Position Selector Switch w/4 NO contacts 3 151.08 26 Sq. D Hand/Off/Auto Nameplate 3 10.35 27 Sq. D LED Run Light 3 136.30 28 Sq D Pump Run Nameplate 3 20.21 29 Custom Engraved Tags 1 9.52 30 Momentary Push Button 1 21.84 31 Hour Meter 3 139.23 32 Assembly and Prewire 1 47.38 33 34 35 36 37 38 39 40 41 Professional Enginneer 1 113.70 42 OEM Drawing 1 23.90 43 Administration 1 6.63 -44 Acceptance Testing 1 69.50 45 Warranty 1 34.75 46 Truck Rental 1 80.00 47 Hotels (GSA Rates) 2 192.00 48. Meals (GSA Rates) 2 .49 State Sales Tax 7.00% 413.96 50 Freiqht 2.50% 147.84 51 Bond l--- SHEET TOTALS .---- 10.495.62 t--..-.. ---_._--,~---~._.,.. -- - ----_._._._---~-_..._----- . ----~,._---~--- _______n._____ -~-.I$ 10.495.62 Duplex Liftstation DESCRIPTION NO ITEM/DESCRIPTION "1 F7574,ACE3600FOR CM200UHF.. . <> '. 2 V851,CM200 RADIO>....> .... ...)i: > 3 V21:4,38X 38 CM METAL CHASSISu .. '.:'4 'C>ln s~.: .."i 5 V261/AC.pS 85-264VWITH BATTERY CHARGER . : 6 V114; 6.5 AHBACKUPBATTERY '. .':. .: "" .: ':':>' '.i ". .:....,., 7 V245,16'oI400EE:4AI20MA. ~ .:...... "<'i . 8 V20,ADO:BLANI<MqOULE" i.....' .:...::.,...... ~~:<:>{S; ii::.:'::::' 11 RTU/HMI Applications and Software Configuration 12 RTU Mount, Antenna and Cabling, Low Profile Antenna 13 AC Surge Suppression (Hesco) 14 Backup Pump Controller BR560 (2 pump control) 15 Analog Voltage Monitor BR549 (300V/600V) 16 3 Ph Fuse Block w/ CC fuses (for phase monitor) 17 Ammeters (each 1 required for each pump 5/8' Hole) 18 RTU Intrusion Switch and Bracket 19 PCP/Site Intrusion Switch and Bracket 20 Prepreparation and Installation 21 Controller CoversionlTurnaround 22 Mixed I/O Interface Biock 23 Operator Panel custom sheet metal 24 Horn and Light 25 Sq. D 3 Position Selector Switch w/4 NO contacts 26 Sq. 0 Hand/Off/Auto Nameplate 27 Sq. 0 LEO Run Light 28 Sq 0 Pump Run Nameplate 29 Custom Engraved Tags 30 Momentary Push Button 31 Hour Meter 32 Assembly and Prewire 33 34 35 36 37 38 39 40 41 Professional Enginneer 42 OEM Drawing 43 Administration )44 AcceptanceTesting :'\.45 Warranty . '. l"cAe Truck Rental J'47' Hotels (GSA Rates) '48 Meals (GSA Rates) 49. State Sales Ta)( 50 Freight 51 Bond '.. . SHEET TOTALS TOTAL QTY COST 1 I 1,279.00 1< 535.00 1 . .196.00 1 I. 205.50 1 . 364.00 1 ..164.50 1: 686;50 2 ...... ..'.' 55.38 1 1 1 1 1 1 2 1 1 1 1 1 1 1 2 2 2 2 1 1 2 1 1 1 1 1 1 1 2' 2 7.00% 2.50% 189.50 510.62 64.15 473.35 407.90 113.49 335.31 71.91 112.96 284.25 603.55 554.75 43.98 130.90 100.72 6.90 90.87 13.47 9.52 21.84 92.82 47.38 113.70 23.90 6.63 69.50 34..75 80.00 192.00 128.00 342.91 122.47 I 8,879.88 I I $ 8.879.88 East Well Field DESCRIPTION TOTAL NO ITEM/DESCRIPTION QTY COST 1 F7574, ACE3600 FORCM200 UHF 1 1,279.00 2 V851, CM200 RADIO' 1 535.00 3 V214,38 X 38 CM METAL CHASSIS '.' 1 196.00 4 V1el3, 3 I/O SLOTS FRAME ,-,.>., . .. 1 I.. 205.50 5 V261, AC P~ 85-264.v WITH ElATTERY CHARGER 1 364.00 6 V114, 6.5AH BACKUpSATTERY .. 1 164.50 7 V245, 16 DI 4 DO. EE 4AI.20rvlA ............... 1 .. 686.50 8 V20, ADD: BLANK MODULE .-;-= ..... 2 .. 55.38 9 F7502, ACE CPU3640r' . ......< . '., .....\ .10 = ......... ....,.,... ,......,.,,,.... 11 RTU/HMI Applications and Software Configuration 1 189.50 12 RTU Mount, Antenna and Cabling, Low Profile Antenna 1 510.62 13 AC Surge Suppression (Hesco) 1 64.15 14 Backup Pump Controller BR560 (2 pump control) 15 Analog Voltage Monitor BR549 (300V/600V) 1 407.90 16 3 Ph Fuse Block w/ CC fuses (for phase monitor) 1 113.49 17 Ammeters (each 1 required for each pump 5/8" Hole) 1 167:66 18 RTU Intrusion Switch and Bracket 1 71.91 19 PCP/Site Intrusion Switch and Bracket 1 112.96 20 Prepreparation and Installation 1 284.25 21 Controller CoversionlTurnaround 1 717.25 22 Mixed I/O Interface Block 1 554.75 23 Operator Panel custom sheet metal 24 Horn and Light 25 Sq. D 3 Position Selector Switch w/4 NO contacts 26 Sq. D Hand/Off/Auto Nameplate 27 Sq. D LED Run Light 28 Sq D Pump Run Nameplate 29 Custom Engraved Tags 30 Momentary Push Button 31 Hour Meter 32 Assembly and Prewire 33 34 35 36 37 38 39 40 41 Professional Enginneer 1 113.70 42 OEM Drawing 1 203.90 43 Administration 1 6.63 44 Acceptance Testing 1 69.50 <45 Warranty 1 34.75 48 Truck Rental 1 80.00 47 Hotels (GSA Rates) 2 192.00 48 Meals (GSA Rates) 2 49 State Sales Tax 7.00% 281.00 .. .'.50 Freight 2.50% 100.36 51 Bond ---.--... .~~ETTOTA~~---.2~ "0-.'..- ._--,'",----- -----""'.----..-- -~.--IS 7.762.16 West Well Field DESCRIPTION I TOTAL NO ITEM/DESCRIPTION QTY COST ",1 F7574, ACE3600 FOR CM200UHF ................ ....... "'.' 0 1 " 1,279.00 2 Va.G:l.rGM200 RADIO; ......... " .' '.,' , 1 .. .... 535.00 3 V214, 38 X~8 CM METAL CHASSIS .'..... .' " 1 196.00 ':)4 ITS ''':..;''<'''''..,....,''''''' 1 ....X.205.50 {;5 V261;AC f;>S85"2q4VWI"['HBATTERY CtlARGER' . \"..,-.,..c 1 "364.00 ;'16 V114;e;s:AH BAGKVPBATTERY<" ;".-.,";' 1 "164.50 ",)7 V?45,'i1qPJ 4 QOEE.4AI20MN" -. 1 686.50 ".,8 V2(),'ADD:,.BLANKMOPULE'" '0' C'--"'.'.". ......(., 2 ,...... 55.38 $*,9 ,;"',\:,,:,/"""'.,,..~ ;; oc'>, :'AO ii:''':- :oil:'. 11 RTU/HMI Applications and Software Configuration 1 189.50 12 RTU Mount, Antenna and Cabling, Low Profile Antenna 1 510.62 13 AC Surge Suppression (Hesco) 1 64.15 14 Backup Pump Controller BR560 (2 pump control) 15 Analog Voltage Monitor BR549 (300V/600V) 1 407.90 16 3 Ph Fuse Block w/ CC fuses (for phase monitor) 1 113.49 17 Ammeters (each 1 required for each pump 5/8" Hole) 1 167.66 18 RTU Intrusion Switch and Bracket 1 71.91 19 PCP/Site Intrusion Switch and Bracket 1 112.96 20 Prepreparation and Installation 1 284.25 21 Controller CoversionfTurnaround 1 717.25 22 Mixed I/O Interface Block 1 554.75 23 Operator Panel custom sheet metal 24 Horn and Light 25 Sq. D 3 Position Selector Switch w/4 NO contacts 26 Sq. D Hand/Off/Auto Nameplate 27 Sq. D LED Run Light 28 Sq D Pump Run Nameplate 29 Custom Engraved Tags 30 Momentary Push Button 31 Hour Meter 32 Assembly and Prewire 33 34 35 36 37 38 39 40 41 Professional Enginneer 1 113.70 42 OEM Drawing 1 203.90 43 Administration 1 6.63 ;;44 Acceptance Testing . 1 69.50 ~1.4S. Warranty '. 1 34.75 t[i'46 Truck Rental , 1 ". 80.00 ;<:47 Hotels (GSA Rates) 2 192.00 :048 Meals (GSA Rates) 2. I "'49 State Sales Tax ',. 7.00% 281.00 ,"50 Freioht ' . 2.50% 100.36 51 Bond SHEET TOTALS' 7,762.16 I ! $ 7.762.16 Remote Water Storage and Pumping (based on a triplex station) DESCRIPTION TOTAL NO ITEM/DESCRIPTION QTY COST 1 F7574, ACE3600 FOR CM200 UHF 1 1,279.00 2 V851 , CM200 RADIO . 1 535.00 3 V214, 38 X 38 CM METAL CHASSIS 1 196.00 4' V103, 3/10 SLOTS FRAME: < !:'C c . , 1 .' 205.50 5 V261,AC PS 85-264 V WITH. BATTERY CHARGER 1 .,'. 364.00 6 V114, 6.5 AH BAcKUP BATTERY ... . ........, 1 164.50 1 V245;16 DI 4 DO EE4 AI20MA, . .' .:' .....,.. 2 ..... 1,373;00 . 8 V20, ADD: BLANK MODULE ". 1 .. 27.70 9 Fl502,ACE CPU3640 ;" , .....". ,'. ." 10 "..',;' ,.,.,;'.:,....."...... ".\.\"'.,..' i.'.'./",',.... 11 RTU/HMI Applications and Software Configuration 1 1,516.00 12 RTU Mount, Antenna and Cabling, Low Profile Antenna 1 510.62 13 AC Surge Suppression (Hesco) 1 64.15 14 Backup Pump Controller BR560 (2 pump control) 1 473.35 15 Analog Voltage Monitor BR549 (300V/600V) 1 407.90 16 3 Ph Fuse Block w/ CC fuses (for phase monitor) 1 113.49 17 Ammeters (each 1 required for each pump 5/8" Hole) 3 502.97 18 RTU Intrusion Switch and Bracket 1 71.91 19 PCP/Site Intrusion Switch and Bracket 1 112.96 20 Prepreparation and Installation 1 1,819.20 21 Controller CoversionfTumaround 1 1,058.35 22 Mixed I/O Interface Block 2 1,109.50 23 Operator Panel custom sheet metal 24 Horn and Light 25 Sq. D 3 Position Selector Switch w/4 NO contacts 26 Sq. D Hand/Off/Auto Nameplate 27 Sq. D LED Run Light 28 Sq D Pump Run Nameplate 29 Custom Engraved Tags 30 Momentary Push Button 31 Hour Meter 32 Assembly and Prewire 33 34 35 36 37 38 39 40 41 Professional Enginneer 1 113.70 42 OEM Drawing 1 395.90 43 Administration 1 6.63 44 Acceptance Testing 1 69.50 45 Warranty 1 34.75 46 Truck Rental 1 80.00 47 Hotels (GSA Rates) 2 192.00 48 Meals (GSA Rates) 2 49 State Sales Tax 7.00% 375.78 50 Freiqht 2.50% 134.21 51 Bond -- +-----~.. __.________._SHEET TOT ALS!____.____13.30Z~ f--- --~--~----_.~---" I .---- ---T IS 13.307,57 FlU Telemetry Units DESCRIPTION TOTAL NO ITEM/DESCRIPTION QTY COST 1 F7564' f\CE3600WITH GDM750 403-512 MHZ. >.' '.,." 4 7,586.00 2 V446;ACE CPU3640( . '...i..... '.'c 4 '936.00 .....3 V108; 8 110 SLOTSW FRAME ,,".-:- ." , 4 1 ,886.00 "4 V051;19' RAC~ BRACKETS fOR 81/0 SLOTSFRM ..' .. 4 , ..> 727.00 5 V261tACPS85"264 V WITHBATTERY CHARGER 4 ','. . 1,456.00 "6 Vi328i'1 O.AH BAQKUp.BAD"ERy 4 ' '848.00 .,c/,7 1,1103;31/0 SLOTSFRAME" , (c.c'. 4 ';.;.822.00 I',~~ V20;ADD: BLANK. ~ODULE" " ~- , '0 12 <" 332.25 .o't .0;.,.,:..'.:'....:',', ','..,.': ,;.i",,>.. 11 RTU/HMI Applications and Software Configuration 4 3,032.00 12 Antenna Mast and Cabling, Low Profile Vagi 4 2,042.48 13 AC Surge Suppression (Hesco) 4 256.54 14 Modbus Driver 4 1,536.40 15 Modbus Adapter Cabie 4 119.00 16 72' Rackmount Enclosure 1 919.60 17 Rackmount VTScada Server PC (Allowance) 1 4,024.80 18 19 20 Prepreparation and Installation 1 2,512.00 21 Installation 1 2,512.00 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Professional Enginneer 1 113.70 42 OEM Drawing 1 23.90 43 Administration 1 6.63 IfiM Acceptance Testing 1 69.50 it~5 Warranty . 1 .... . 34.75 . lirAa Truck Rental... . .... 1 " 80:00 l~rif7 Hotels (GSA Rates) 2 192.00 ;!'4~ Meals (GSA Rates) 2 '-49 State Sales Tax 7.00% 1,269.55 1>50 Freiaht 2.50% 453.41 51 Bond SHEET TOTALS 1 33,791.51 1 1$ 33,791.51 Repeaters DESCRIPTION ITEM/DESCRIPTION NO 1 2 3 . 41........ .... ". ~.. 5 . .'. . ..' .,'., " ..' 6 ,. .' . 7> '. ... ." ,.. "'. .,"'. 8!' ,.c .,.... 9'..,,>' .. .",c," <:,'. '.. '" .,10"',.>+';' .', ",'. ',....' ","';.,'.> ~.":'i',..i:,','.... ,'c, ,..::i. 11 MTR2000 (UHF) 12 UHF Circulator (30W) R4 13 Conventional Operation 14 Add Repeater Operation 15 Factory Installed Duplexor 16 Hardware Rack Kit for repeater 17 AC Surge Suppression Citel 18 NEMA 1 SS White Enclosure 30"x24"x24" Locking 19 Swingframe Rackmount Rails for enclosure 20 Antenna, 30' Mast and Cabling. 7dB Omni 21 Polyphaser UHF 22 Intrusion Switch and Bracket 23 Filter/Fan 24 Thermostat 25 35 Amp Rackmount DC Power Supply/Charger 26 100 ah Batteries, Deep Cycle Gel 27 Rackmount Fusable DC Distribution Panel 28 Battery Tray/Shelf Rackmount 29 Rackmount Panel Blanks 30 AC Supply, Conduit, Breaker, Wire 31 Frequency Search 32 FCC Application Forms 33 Follow up Forms 34 35 36 37 38 39 40 41 Professional Enginneer 42 OEM Drawing 43 Administration 44 Acceptance Testing '45 Warranty '. 46 Truck Rental , 47 Hotels " 48 Meals 49 State Sales Tax 50 Freiaht 51 Bond .. --'-. . . 1 1 2 2 2 7.00% 2.50% r----r---..--====-==~.u.~~uE~TT~=~LS!... _.. ' QTY TOTAL COST . 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 3 1 4 4 4 '. ".'. ',' ,. C ". ....>::, ......'. 4,852.20 3,445.05 3,540.25 1,213.80 1,642.20 59.50 225.57 1.793.41 751.04 2.300.93 102.67 71.91 246.03 395.75 455.81 396.48 260.82 140.70 85.39 573.80 2.728.80 1.292.10 212.20 113.70 556.00 34.75 160.00 192.00 128.00 947.49 338.39 29.256.74 I $ 29.25674 ~'~~l~~~~::~ .~~:~k~~ T ,: ;";',i:.'; '.;;:'...' ~~;~ License 20334 7730 Gold Full Gold Full Gold VIS Gold VIC VISNIS Feb. 1/05 Feb. 1/05 June 5, 2008 June 5, 2008 Sept 5, 2007 Sept 5, 2007 June 5, 2008 $ 8,795.00 $ 8,795.00 $ 3,957.75 $ 3,957.75 $ 3,370.00 $ 13,500.00 $ 1,897.88 $ 26,683.38 All prices represent End User pricing. OCR will receive a 25% discount if the software is purchased through OCR. Regards Director of Marketing Office: 902 835-1575 Ext 228 Direct: 902 832-6160 Cell: 902441-9565 Boynton Beach Sites, FL ralm Bea7Q,:se~_'~tY.__~~ili,~i~port Lantana "Rer (j) Q ", ..' ~~\"DOI'~\lY :__~oc,,-',-:.':,~\ \<ll ....,>~I o~H):pdiU)(o I . "-- _c;_~-~~V~~I~~:,-j I .:.l;:.'....!l Buttonwood Park 812 :-.<ZiIS':ElIVd 0<:- .<!"'" ~ '0 a:: HypoluXCl Rd -~'.. ,. .::Ci)'.. > '" ~. Hypoluxo ----cc-:--, i Clock Rd Canal' Dr' "Canal Dr Palm Way :J: III "' CD "",.__-.oc. ~!:_:. (jj --DL => C1l Cig. ~ ;,...i ~.__ jtfNCenter --'1~~, *., .~ 2F.~3?S1~'N.v.AA;,-~~l~,31INX ~Q Sl~~ W :; ___,_.,._.J Qua'" , LS918 11, ,.... ./ .,. ,.. '" . 'IG~lew..y..c'Bi"d . I i/~~t</- :(-\'it:.t~ ~ I NW' Re~!t~;hla WaY ('l , 26*32'43"N x 80*6'44''W q 4290 Royal Manor Blvd .= ..Boynton'r~~chf F}.. 33436, env Verde Dr 809 .P!!_Dr" 1 E?'h_ F. . West WT1'/RO Plant -I o~ T. "-~-oo.,_~~:5~~~_~,~Jl~t2~rlulrr:<d . . ~o e , I.:," ~)- :,(Ir-._. ,--Ga'teway Ellvd Ala<!din.'Aye . Coe!ebs ..Ave'. Edgar ,,:ve . z'... 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E .c 0 0 0 0 0 0 0 :::l :::l :::l en en (; (; ...J OJ OJ C C C C C C C (/) (/) (/) c:: c c:: c c OJ OJ US US en en en OJ :::l :::l :::l OJ S S e e >. >. >. >. >. >. >. (/) (/) (/) (/) (/) OJ OJ OJ 0 0 0 0 0 0 0 (; 0 (; a:l a:l a:l a:l a:l a:l a:l u.. u.. u.. ~I UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ S S S S S S S S S S S <.') <.') N <D ,.... co m 0 ~ N C"') '<t LO <D r-- 00 cr> 0 N 0 ~ N ~ 2 2 ~ ~ ~ ~ N N N ~ '<t LO <D ,.... to cr> ~ ~ ~ '" LIFT STATIONS DIRECTORY FOR TASK ORDER Master Lift Station 356 I Master Lift Station 309 _ Master Lift Station 319 ! Master Lift Station 316 B.B.B. east of US 1 I Rainbow City / Seacrest and NW 19t 1 A \ie - I Knollwood / SE comer of Lawerence Rd and Miner I S\V 23th Ave and Militarv Tr ! Triplex ---i- Triplex , Triplex I Triplex " -i Master Lift Station 317 Burger King / B.B.B. and Congress i Quad .--..-.--- Master Lift Station 801 NW comer of B.B.B. blvd and Lawerence Rd ' Triplex Lift Station 411 N Swinton Rd SW 34ti1 Ave -j : Duplex i ! Lift Station 407 Mission Hill Rd and Church Hill Dr ; Duplex I Lift Station 406 Chapel Hill Blvd and Westwood Ln ~ Lift Station 405 SW 27th Ave and SW 6th ST NW comer i Duplex Lift Station 102 St Andrews / S AlA i Duplex S Federal Hwy and SE 21st Ave I Lift Station 414 Duplex Lift Station 605 SW 16th St Between SW13th Terrace and SW 11 tn Ave Duplex i Lift Station 612 Congress Ave N of Woolbright /Lakes of Tara Blvd Duplex I Lift Station 603 SE ofSW 4th Ave / Behind Home Depot _I Duplex I Lift Station 206 Boynton Isles / Greenbriar Dr and Kepner Dr Duplex Lift Station 811 Oakwood Lakes / Oahvood Lakes Dr and Silver Lace In I Duplex I Lift Station 907 Palm chase i Du lex Lift Station 900 Lift Station 908 Lift Station 808 I Lift Station 720 West Water Plant Cypress Park / Military Tr north ofB.B.B. Cypress Creek / SE comer of Calliandra Dr and Palo Verde I Gateway Blvd West of Congress / Mahogany Bay P I Duplex Duplex Duplex Duplex I ~ - - Lift Station 921 Nautica Duplex i NE 26tn Ave and Seacrest -- Duplex I Lift Station 307 Lift Station 210 Yacht Club / N US I Duplex Lift Station 303 Bristol Springs / N Seacrest and Hypoluxo Duplex Lift Station 924 Hampton Lakes / S Military Tr Duplex Lift Station 923 Military 6 / S Military Tr Duplex I Lift Station 806 Hunters Run / Charternrorld Duplex I Lift Station 807 Silver Lakes / S Congres Ave south of SW 2 tr. Ave I Duplex I Lift Station 609 SW 2ib Ave and SW 13th Ct I Duplex Lift Station 608 SW 11 th St west side of road north of bridge --~J Duplex Lift Station 207 Colonial Club ____=iDuPlex Lift Station 101 St Andrews Golf Course Duplex Lift Station 604 Clubhouse parking lot SW Congress Blvd and SW I_r~~~ Duplex Lift Station 901 Banyon Springs I Duplex --- ___. -------l Lift Station 904 K Mart / B.B.B. and Military Tr ..m ._______ , Duplex Lift Station 914 Plantina / West B.B.B. n__yuplex Lift Station 802 Bent Tree Villas / West B.B.B. Duplex --~-------,.- Lift Station 911 Cypress Creek 5 / Old Boynton Rd Duplex I NW 13th Ave and NW lOth St / East boat ramp --~.._-_.__.__._.- ----....-.-,--- ~ - -"I Lift Station 503 Duplex ! I -----.-- ------~.----------! Lift Station 809 Palo Verde Dr / Caryota Dr Duplex i -.-------- ,_,"-"~-'---- Lift Station 810 Cypress Creek Country Club .__~___n.___b~ u p I e~_ Lift Station 903 Rainbow Lakes I Military Tr and Tartan Lakes Blvd Duplex Lift Station 204 Mariner Way I NE 12 Ave and Willard Way Duplex Lift Station 203 Yachtmans Plaza I US I and Shore Dr Duplex Lift Station 310 Four Sea Suns I NE 4th St I north Of 16th Ave Duplex Lift Station 308 Royal Palm Club I Gateway west of Federal Duplex Lift Station 512 Quantum Park West IChilis Shopping Center Duplex Lift Station 704 Sunny South Ave I E side at Sun Top Lane Duplex Lift Station 906 Rainbow Lakes I NE corner ofNW 22hd Ave and Brian Blvd Duplex Lift Station 311 Quadrille Villas I Miner Rd Duplex Lift Station 315 The Crossings I NE 26tn Ave and NE 4th St Duplex Lift Station 209 Hypoluxo Point Duplex Lift Station 205 Half Moon Bay I Federal Highway and Hypoluxo Rd Duplex Lift Station 520 Boynton Lakes Blvd! NE corner of E Chesterfield Duplex Lift Station 517 N Boynton Lakes blvd! E. Side on bend Duplex Lift Station 714 Hypoluxo Rd in Homes Of Lawerence Duplex Lift Station 922 N autica Sound Duplex Lift Station 920 J onathans Groves Duplex Lift Station 929 Colony Club Apartments I Hypoluxo and Military Duplex Lift Station 930 Montreux I Pernell Pines Rd Duplex Lift Station 915 Coco Pines Duplex Lift Station 813 Hunters Run I Club House Ln and Summit Dr Duplex Lift Station 812 Hunters Run I W Southport and Summit Duplex Lift Station 803 Hunters Run I Intersection of Summit Dr and Woods Ln Duplex Lift Station 716 Hunters Run I Brentwood I next to pool Duplex Lift Station 927 Tuscany Duplex Lift Station 925 Lester P.U.D. I Military south of Gulf Rd Duplex Lift Station 406 Chapel Hill Duplex Lift Station 409 SE 2nd Court dead end! SE 34th Ave and Seacrest Duplex Lift Station 208 Tradewinds I South US 1 Duplex Lift Station 410 East Side SE 200 St and SE 27th Way Duplex Lift Station 104 Bellamar I S A I A east side Duplex Lift Station 412 SE 23rd Ave and US I Duplex Lift Station 606 SW 18th St and I south east corner SW 19th Ave Duplex Lift Station 607 Congress A vel SW 19th Ave I NE corner of Roma Way Duplex Lift Station 705 S Congress Ave I SW side at Woolbright Corp Center Duplex Lift Station 815 Villas of Pine Tree Duplex Lift Station 910 Fairmont Place Duplex Lift Station 814 Pine Tree Villas I W side of Lawerence 'is mile N woolbright Duplex Lift Station 703 NW corner Quail Covey Rd and Tanarsky Trail Duplex Lift Station 614 Banyan Creek Duplex Lift Station 702 NW corner Quail Covey Rd and Tanarisk Trail Duplex Lift Station 805 Greentree I SE comer of Ceder Point Blvd & Storkwood Duplex Lift Station 601 Ocean Ave I NE corner of Lake Terrace Duplex Lift Station 513 BBB I Casa Blanca I West side Duplex Lift Station 501 Industrial Ave Duplex Lift Station 715 Cypress Creek South Duplex i Lift Station 902 Mirror Lakes Duplex Lift Station 721 Artesa / Lawerence Rd Duplex i Lift Station 701 Lawerence Rd / Winfield Rd / N Side of Holt St Duplex i Lift Station 502 NW comer ofNW 8th Ave and NW 10th St Duplex ! Lift Station 507 NW 10th Ct / west ofNW 9th Way Duplex : Lift Station 719 Catalina Club / SW comer Holiday Inn / Congress Ave Duplex ! Lift Station 700 Renaissance South / North Congress Ave Duplex, Lift Station 509 Quantum Park! Publix Warehouse ! Duplex I Lift Station 510 SE comer of Quantum Blvd and Quantum Lks Dr Duplex I Lift Station 708 Sunny South Duplex : Lift Station 917 Jamaica Bay North Duplex i Station 500 Portable Generator Telemetries unit Duplex I TASK ORDER NO. U - 07- 03 CITY OF BOYNTON BEACH UTILITIES DEPARTMENT 124 East Woolbright Road Boynton Beach, Florida 33435 Title of Project: RFP #037-2821-07/CJD SCADA and Telemetrv Goods and Services: Phase 1. System Infrastructure and Remote Telemetry Units A. SCOPE OF SERVICES: This project will provide engineering, design, configuration, installation and training services required to provide the City with remote monitoring and control of the City's Lift Stations, Wells, Water Treatment Plants and Water Storage and Pumping Facilities. Concurrently, 129 of the City's existing water and wastewater pumping facilities will be upgraded and remotely monitored, controlled, alarmed and historically logged. After completion, the new Telemetry system will provide more reliable and superior service to the City of Boynton Beach Utility's customers. This task will include all hardware, software, installation, startup and system testing for the deliverables itemized below. DELlVERABLES AND SERVICES INUUDED: Reference the attached spreadsheet (Exhibit 1) and RFP #037-2821-07/CJD for details of the project deliverables and pricing. 1. Provide engineering, design, installation and configuration of two Central Servers/Field Interface Units (FlUs). One FlU will be located at the East Water Treatment Plant with a second redundant FlU located at the West Water Treatment Plant. Each of the FlU's will consist of 4 Front End Processors (FEPs), Redundant VTScada Server computers, Ethernet switches, 4 CDM750 Radios, antennas and rack mount enclosures. FlU redundancy will be configured via radio and the City's control network. VTScada redundancy will be configured via the City's control network and will auto-synchronize after a network failure. Provisions will be made for additional network redundancy. 2. Furnish and install upgrades to the City's two existing VTS/VTScada software licenses to the latest version with upgrades and support through June 5, 2008. 3. Furnish and install redundant VTS Browser Server License to the existing VTS Servers for remote access via Microsoft Internet Explorer. 4. Furnish seven (7) additional concurrent VTS Browser Licenses for a total of eight (8). 5. Provide upgrades and support licenses for the VTS Browser Clients through June 5, 2008 to coincide with the existing VTScada Server Licenses. 6. Engineer, design, furnish, install and configure four RF repeaters. Preliminary design divides the City into 4 zones at Boynton Beach Blvd N&S and Congress Ave E&W. The repeaters will be located at NW: LS918, NE: LS309, SW: LS814, SE: LS405. NoRemote Telemetry Unit (RTU) will be Page 10f4 required to communicate more than 1.9 miles and we expect no RTU antenna to be over 6 foot elevation. To restore the ambiance of the City, the existing eyesore towers will be removed and dome antennas will be utilized. 7. Furnish a spare repeater, setup and configured for replacement in case of a zone repeater fa ilu re. 8. Provide engineering and professional services for combining the existing remote water and wastewater HMI applications into a single redundant application. This will provide a combined point of access for operational, reporting and alarming. Information Realms will be created for personnel and access security. 9. Currently, the City's business and SCADA networks are shared creating a potential security risk to the City water system. This item will, in conjunction with the planned plant SCADA upgrade, provide the additional hardware required to isolate the two networks and provide a secure-point of entry into the SCADA network from the business network. 10. Provide a customized and extensive training program for Maintenance, Operations, Engineering and Administration. The City's Maintenance personnel will be trained in self-performing repairs, upgrades and ongoing maintenance of the pumping station equipment. Operators will be trained in control and first response procedures based on the City's Standard Operating Procedures (SOPs). Engineering and Administration will be trained in system configuration, data analysis, security administration, and specification and design procedures. 11. This item will provide materials combined with a standard duplex lift station RTU for "hands on" training of Maintenance Personnel. A standard lift station Pump Control panel will be manufactured per the City's specification during training utilizing a standard duplex RTU. After completion ofthe training program, the Pump Control Panel may be installed at an existing lift station budgeted for upgrade. 12. Upgrade 90 of the City's 154 Duplex Lift Stations itemized in Exhibit 2 with MOSCAD ACE RTUs. This item will provide wireless monitoring, control, alarming and reporting of ninety existing duplex lift station. The existing SCADA equipment and towers will be removed and the controls upgraded to current National Electrical Codes (NEe) and Underwriter's Laboratory (UL) Standards. Pump control redundancy, emergency alarm reporting, station history and operation records, and pump control standardization will be provided with this item. 13. Upgrade the City's 5 Triplex Lift Stations itemized in Exhibit 2 with a Motorola MOSCAD ACE RTU. This item will provide wireless monitoring, control, alarming and reporting of five existing triplex lift stations. The existing SCADA equipment and towers will be removed and the controls upgraded to current National Electrical Codes (NEe) and Underwriter's Laboratory (UL) Standards. Pump control redundancy, emergency alarm reporting, station history and operation records, and pump control standardization will be provided with this item. 14. Upgrade the City's single Quadruplex Lift Station itemized in Exhibit 2 with a Motorola MOSCAD ACE RTU. This item will provide wireless monitoring, control, alarming and reporting of the existing quadruplex lift station. The existing SCADA equipment and tower will be removed and the controls upgraded to current National Electrical Codes (NEe) and Underwriter's Laboratory (UL) Standards. Pump control redundancy, emergency alarm reporting, station history and operation records, and pump control standardization will be provided with this item. 15. Upgrade the City's 19 Wells in the East Well Field with Motorola MOSCAD ACE RTUs. This item will provide wireless monitoring, control, alarming and reporting of the existing twenty wells in the east well field. The existing SCADA equipment and towers will be removed and the controls upgraded to current National Electrical Codes (NEC) and Underwriter's Laboratory (UL) Page 2 of 4 Standards. Pump control, emergency alarm reporting, station history and operation records, and pump control standardization will be provided with this item. 16. Upgrade the City's 11 Wells in the West Well Field with Motorola MOSCAD ACE RTUs. This item will provide wireless monitoring, control, alarming and reporting of the existing eleven wells in the west well field. The existing SCADA equipment and towers will be removed and the controls upgraded to current National Electrical Codes (NEe) and Underwriter's Laboratory (UL) Standards. Pump control, emergency alarm reporting, station history and operation records, and pump control standardization will be provided with this item. 17. Upgrade the City's 2 Water Storage and Pumping Facilities with Motorola MOSCAD ACE RTUs. This item will provide wireless monitoring, control, alarming and reporting of the existing two water storage and pumping system. The existing SCADA equipment and towers will be removed and the controls upgraded to current National Electrical Codes (NEe) and Underwriter's Laboratory (UL) Standards. Pump control redundancy, tank level monitoring, valve control, emergency alarm reporting, station history and operation records, and pump control standardization will be provided with this item. B. SCHEDULE The final schedule for DCR Engineering ServiCEs, inc.'s services will extend from our authorization date to 360 calendar days. Page 3 of4 C. COMPENSATION TO THE ENGINEER For conducting the base services delineated in Section A, Task Order 2007-01 is amended to the Agreement dated June 19, 2007; DCR shall receive the lump sum fee of $1,394,247.90. This fee includes all labor and other direct costs for the scope of work spedfied in Section A of this Task Order and are represented in Exhibit 1 and RFP #037-2821-07/CJD. Additional work efforts requested by the City, which are beyond the scope of work identified in Section A of this Task Order, will be negotiated separately from this scope as compensation to DCR for this additional work. Partial payments of the lump sum fees are to be paid to DCR on a monthly basis in proportion to the percentage of work completed and materials received. AMOUNT AUTHORIZED FOR TASK ORDER NO. U - 07- 03 $ 1,394,247.90 ~ ~. I,I"L ,r '------ Submitted By: V l).,z(.; ) Todd BrJdbenner, P.E. Presideht, DCR Engineering Services, Inc. CITY OF BOYNTON BEACH, FLORIDA Approved By: Kurt Bressner City Manager Approved as to Form: Attestl Authenticated: Office of the City Attorney Secreta ry Page 4 of 4 VI.-CONSENT AGENDA ITEM C.7. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17, 2007 Apri12, 2007 (Noon.) D June 19,2007 June 4,2007 (Noon) D May 1, 2007 April 16,2007 (Noon) D July 3,2007 June 18,2007 (Noon) D May 15,2007 Apri130,2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May ]4,2007 (Noon) [3J August 7, 2007 July ]6,2007 (Noon) D AIll1ouncements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [3J Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Approve Library Change Order #10 wherein the current contractual date of Substantial Completion of the work is revised to July 13, 2007 and also approve a revised contract award amount to Sessoms Construction in the amount of$6,710,717.95 plus a contingency amount of $200,000 for a total contract amount of $6,910,717.95. EXPLANATION: Due to recent staffing changes in the City, the Public Works Department was recently assigned project management responsibility for the Library construction project. Since this change, the Engineering Division of Public Works has been intimately involved in existing contract administration as well as addressing a large number of outstanding issues and changes that had been unresolved for some time. Date of Substantial Completion Most notably, the Library project has experienced a frustratingly long duration. Immediately, Staff began working towards determination of the most current contractual date of Substantial Completion. After two days of negotiations with the contractor and architect, the recommended time extension for this contract suggests a revised date of Substantial Completion of July 13, 2007. The contractor continues however, to opine that the date of substantial completion should be far later than July 13. We have advised the contractor that he has not provided satisfactory documentation to justify his claim. The date of Substantial Completion is a very important date that is used to determine and calculate various contract elements. For example, liquidated damages for delayed completion can only be assessed for those days where completion of the work is after the date of contract Substantial Completion. In this scenario, the contractor will technically be assessed liquidated damages in the amount of $500 per calendar day as of July 13,2007 if the City Commission approves this Change Order. However, also note that the revised date of Substantial requires certain additional payments for overhead and other general contract conditions as well as additional City compensation to the project architect for their technical support far beyond the original contract completion. These costs will now be calculated and approved in a future change orders by staff. Contract Contin1!encv At its March 20,2007 meeting, the City Commission approved Change Order Number 7 to the Library project that essentially revised the construction contract amount from $6,670,052.48 plus a $50,000 contingency yielding a total approved contract amount, including contingency, of$6,720,052.48. Since this time, staff has approved Change S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC ./ I c.,sr"t ::_~;t- I , 11J, '. ::r; Q\ tJ '" J-', "" /' ~ rViON''i3>'' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Order number 8 bringing the revised contract amount to $6,710,717.95, an amount below the amount authorized by the City Commission. This leaves slightly under $10,000 available for changed work conditions for the remainder of the project. In order for staff to properly administer this project, it is absolutely essential that wan-anted construction change orders be approved quickly in the field, and almost immediately in some circumstances. Many of these change orders stem from changed working conditions typically involving conflicts or clarification of contract intent or construction technique. Other change orders are based upon extended time conditions as noted above where the date of Substantial Completion is relevant. In most scenarios, City Staff must have the ability to approve Change Orders in a timely rnaIll1er. Without sufficient contingency amounts authorized by the City Commission, City staff is not authorized to approve these changes. In many situations, rapid approval of changed working process or conditions can cause work to halt pending [mal approval of the change and associated funding by the City Commission. The delay to the funding authorization, can, and already has, caused the project to be delayed far more than desired. In order avoid similar changes and delays during the final stages of construction, staff respectfully requests that the City Commission amend the awarded contract amount according to Change Order Number 9 in the amount of $6,71 0,717.95. Staff recommends that the City Commission authorize a construction contingency amount of $200,000 yielding a contract amount not to exceed of$6,910,7l7.95. Staff (the Director of Public Works and Engineering) will be further authorized to approve future change orders to the Library Construction Contract up to a contract amount of$6,910,717.95. Any changes in contract cost beyond this amount, or further changes to the date of Substantial Completion, will require future approval by the City Commission. Future changes to the architect's contract tenus will be directed to the City Commission for approval. PROGRAM IMPACT: Completion of the Library Construction project. FISCAL IMPACT: Sufficient funds to support completion of the Library project as outlined herein have been included in the proposed capital budget for FY 2007/2008. AL TERNA TIVES: Lack of a revised date of Substantial Completion will not allow other nonnal costs to be calculated and will begin a potential path to litigation. Furthermore, and more inlportantly, not providing staff with satisfactory contingency funds will require that each future monetary change order be approved by the City Commission prior to the work being performed. This will be detrimental to the overall scheduled project completion date a cost. P--7 City Manager's Signature CM/' Assistant to City Manager Public Works 1 Engineering Department Name City Attorney / Finance S:\BULLETINIfORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING CHANGE ORDER 5 #10 WITH SESSOMS CONSTRUCTION FOR THE 6 BOYNTON BEACH LIBRARY PROJECT; REVISING 7 THE CONTRACTUAL DATE OF SUBSTANTIAL 8 COMPLETION OF THE WORK; APPROVING A 9 REVISED CONTRACT AWARD IN THE AMOUNT OF 10 $6,710,717.95 PLUS A CONTINGENCY OF $200,000.00 11 FOR A TOTAL CONTRACT AMOUNT OF 12 $6,910,717.95; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, staff has recommended that the date of Substantial Completion of the 16 Library be revised to July 13, 2007; and 17 WHEREAS, staff requests that the City Commission amend the awarded contract 18 amount according to Change Order #9 in the amount of$6,710,717.95; and 19 . WHEREAS, staff recommends that the City Commission authorize a construction 20 contingency amount of$200,000.00 yielding a contract amount not to exceed $6,919,717.95 21 WHEREAS, the City of Boynton Beach has reviewed Change Order #10 and has 22 determined that the contract changes set forth therein are both necessary and appropriate. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 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 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby authorize and direct the approval and execution of Change Order #10 revising the 30 date of Substantial Completion to be July 13, 2007, and revising the contract award amount S:\CA\RESO\CHANGE ORDERS\Library Project CO 10.doc to Sessoms Construction in the amount of $6,710,717.95, plus a contingency amount of 2 $200,000.00 for a total contract amount of S6,91 0,717.95, a copy of which is attached hereto 3 as Exhibit "A". 4 Section 3. This Resolution shall become effective immediately upon passage. 5 PASSED AND ADOPTED this _ day of August, 2007. 6 CITY OF BOYNTON BEACH. FLORIDA 7 8 9 Mayor -- Jerry Taylor 10 11 12 Vice Mayor - Jose Rodriguez 13 A . I 14 15 Commissioner - Ronald Weiland 16 17 18 . Commissioner - Mack McCrav 19 20 21 221 23 24 25 26 27 28 29 30 Commissioner - Carl McKoy ATTEST: Janet Prainito, CMC City Clerk (Corporate Seal) S:\CA\RESO\CHANGE ORDERS\Library Project CO 10.doc .JAIX Document G701'" - 2001 Change Order PROJECT (Name and address): Boynton Beach City Library 208 South Seacrest Boulevard Boynton Beach, Florida 33435 TO CONTRACTOR (Name and address): Sessoms Construction 7485 Davie Road Extension Hollywood, Florida 33024 CHANGE ORDER NUMBER: 009 DATE: July] 7,2007 OWNER: ~ ARCHITECT: ~ CONTRACTOR: ~ FIELD: 0 OTHER: 0 ARCHITECT'S PROJECT NUMBER: 0320802 CONTRACT DATE: May 04, 2005 CONTRACT FOR: General Construction THE CONTRACT IS CHANGED AS FOllOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Extension of time due to delays: a. Additional survey to locate Bellsouth cable (unforseen) prior to excavation- add I day b. Production delay in precast production (in addition to 30 days approved in e.O. #3) to January 23, 2006- add 35 days c. Change in roof from polyiso insulation to lightweight insulating concrete, delay in C.O approval, permit revision and concrete curi,ng time- add 45 days d. Time delay for head of wall issue (structural omission, cost negotiation, and pennit revision) to install steel plates- add 90 days e. Additional two days for job shut down due to possible loss of Builders Risk Insurance - add 2 days The original Contract SUD1'IVas The net change by previously authorized Change Orders The Contract Sum prior to this ChaI1~7 C>.1'der was The Contract Sum will be unchanged by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be increased by One Hundred and Seventy Three ( ] 73 ) days. The date of Substantial Completion as of the date of this Change Order therefore is July 13, 2007 $ $ $ $ $ 5,727,485.00 983,232.95 6,710,717.95 0.00 6,7 ]0,717.95 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. SCHENKELSHULTZ Architecture ARCHITECT (Firm name) 1300 North Congress Avenue, West Palm Beach, Florida 33409 ADDRESS Sessoms Construction CONTRACTOR (Firm name) 7485 Davie Road Extension, Hollywood, Rorid'~ ~----- " BY (Signature) Lee Sessoms (Typed name) I ;lft /7j~? City of Bovnton Beach OWNER (Firm name) 208 South Seacrest Boulevard, Boynton Beach, Florida 33435 ADDRESS BY (Signature) BY (Signat Samuel J. eri, AlA (Typed name) 01 . n . '" ., (Typed name) DATE DATE AlA Document G701™ - 2001. Copyright @ 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA~ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any 1 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent pOSSible under the law. This document was produced by AlA software at 09:41 :35 on 07117/2007 under Order No.1 000291482_6 which expires on 3/19/2008, and is not for resale. User Notes: (4267388923) VI.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORLu 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) D March 5, 2007 February 12,2007 (Noon) D January 16,2007 January 2, 2007 (Noon) [8J March 20, 2007 March 5,2007 (Noon) D February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) D AIll1ouncements/Presentations D City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda 0 Legal n Code Compliance & Legal Settlements D Unfinished Business '--' D Public Hearing D RECOMMENDATION: Motion to approve Resolution No. R07- approving and authorizing Change ordmul'i", for the Library Expansion Project in the credit amount of $(12,620). This includes additional costs in the amount of $19.793 due to unforeseen needs and a credit balance from the contractor to City for deletion of the drive through window insert and canopy top in the amount of $(32,413). EXPLANA T!ON: This contract adjustment is to cover additional costs for waterless public urinals, downspout nozzle, additional electricaVdata outlets in lobby, raised draining pipe due to FPL, HV AC Trouble Alarm and Builder's Risk Insurance (through 01/07) since original bid of August 2004. This contract adjustment also reflects a credit due to the City from ;''1;,J.1-11)1I\.~ for the deletion of the drive through window insert and canopy top in the amount of $(32,413). This was deleted to cut costs by way of value engineering. (See Exhibit A). Exhibit A Change Order #7 includes the following increases and credit: A) Credit for drive through window insert and canopy top B) Builder's Risk Insurance through 01/21/07 C) HV AC Trouble Alarm D) Additional electrical/data outlets in lobby E) Downspout nozzle F) Raise drainage pipe due to FPL G) Waterless urinals $(32,413) $ 8,690 $ 5,161 $ 1,647 $ 971 $ 936 S 2,388 TOTAL CHANGE ORDER #7 ($12,620) credit Construction Schedule (See Exhibit B) Monthly Status Report (See Exhibit C) Change Order Log (See Exhibit D) S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: To keep the project according to schedule, the additional costs included in this change order need to be approved. Also needing approval is the credit balance which needs to be deducted from original Sessoms contract amount. FISCAL IMPACT: Change order #7 subtracts $32,413 from the original contract sum then adds $19,793 to construction costs to pay for additional costs bringing the contract total to date $6,670,052.48 (net credit of $12,620). (See Exhibit E) Exhibit E - Total Construction Cost Summary Original Contract Sum was Net Change by Previous Change Orders The Contract Sum of the last change order #6 was The Contract Sum will decrease by current change Order #7 New Contract Sum will be Owner Furnished Equipment Owner Direct Purchases Contingency Construction Contract + Owner Equipment + Owner Direct Purchases + Contingency Commission Approved CIP Budget CIP Library Construction Balance Remaining $5,727,485.00 $ 955,] 87.48 $6,682,672.48 $ (12,620.00) (~,670,052d.P ........... . "" 0 --'\ 40 $ 137,137.00 /' (;/704(,.1; ~.? . . $ 367780.00 L I)A cs::- 50:000JUP ~ r I'ff{Q'" l.lv rr 7/;41b7 $7,224,969.48 $7,279,000.00 $ 54,030.52 AL TERNA TlVES: The only alternative would be to stop the project. This would lead to more delays in addition to product cost escalations. ifl1/1nifuJ~~ Department Head's 19nature /J .' . Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC VI.-CONSENT AGENDA ITEM C.8. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City C]erk' s Office Meeting Dates in to City Clerk's Office 0 April!7,2007 April 2,2007 (Noon) 0 June 19,2007 June 4, 2007 (Noon) 0 May 1, 2007 April 16, 2007 (Noon) 0 July 3,2007 June 18,2007 (Noon) 0 May 15, 2007 April 30, 2007 (Noon) 0 July] 7,2007 July 2, 2007 (Noon) 0 June 5,2007 May ]4,2007 (Noon) ~ August 7, 2007 July 16,2007 (Noon) 0 AnnouncementslPresentati ons 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Ratify the action of the South Central Regional Wastewater Treatment & Disposal Board EXPLANATION: On july 19,2007, the south Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board PROGRAM IMPACT: None FISCAL IMPACT: None ill- City Manager's Signature Assistant to City Manager ~ ALTERNATIVES: Not ratify their action. ( t, -- City Attorney / Finance Department Name S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i' 26 I 27 ~~ ! . "-'-' 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. R07- A RESOLUTION OF THE CITY OF BOYNTON BEACH~ FLORIDA~ RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL "7ASTEW ATER TREATMENT AND DISPOSAL BOARD~ ON JULY 19~ 2007, AS STATED HEREIN; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID AGREEMENT: AND PROVIDING AN EFFECTIVE DATE. WHEREAS~ The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of July 19, 2007, as set forth in the attached Exhibit "A", NOW~ THEREFORE~ BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH~ FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption, Section 2. The City Commission does hereby ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on July 19, 2007, as set forth on the attached Exhibit "A", Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _ day of August, 2007. CITY OF BOYNTON FLORIDA BEACH. Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald WeiJand ATTEST: Commissioner - Mack McCray Janet M. Prainito. CMC City Clerk Commissioner- Carl McKoy (Corporate Seal) S\CAIRESO\SCRWTDB Quarterly Meeting 7-19-07 Ratification doc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 BOARD City Council Members of Boynton Beach & Delray Beach Telephone (561) 272-7061 (561) 734-2577 Fax: (561) 265.2357 www.scrwwtp.org July 23, 2007 Ms. Janet Prainito CITY OF BOYNTON BEACH Post Office Box 310 Boynton Beach, Florida 33425-0310 South Central Regional Wastewater Treatment and Disposal Board Ratifications for Sianature Dear Janet: Attached are eight ratifications from the Quarterly Annual Meeting of July 19, 2007 which require signatures. Could you please place these on the Agenda for your next Commission meeting? When you have all the signatures, keep one signed copy of each for your files and return the other executed agreements to us along with the signed Ratification. Please contact me at 272-7061 or losborn@scrwwtp.orq when the Ratifications are executed. If you have any questions, please do not hesitate to contact me. Sincerely, ~~. d?kJ~ Lori A. Osborn, CPS/CAP Executive Assistant c: 01-200 Ci'} :6 WV 52 lnr LO 331.:L:lO S.'t(~i31~: )",118 H3V38 H01NA08 .:10 All8 F:\docs\BdMtgslRatifsIRA TIFICA TlON LETTERSIBoynton Rat letterO 7-23-07. doc RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, accepted the 2007/2008 organizational chart and salary range revision. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , by a vote. 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Cl Cl '" <6 - , "l' Cl cO Cl K Cl <J.> :2' cti 0:: m CI) :::. llJ 0:: > RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, accepted 2007/2008 Wastewater and Reclaim O&M Budgets and Wastewater Repair and Replacement Expenditures, WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:\docs\BdMtgs\Ratifs\2006-2007\BoyntonRatif 07-19-07. doc Agenda Exhibit] 1 a South Central Regional Wastewater Treatment & Disposal Board Executive Summary FY 2007/2008 WASTEWATER BUDGET The projected budget for 2007/2008 is $5.207.000 which is $135,000 over last year's budget and $350,000 over this year's projected expenditures. Due to this increase plus a decrease in projected flow, we are requesting a rate increase for O&M and Reserves of 4.8% from 2006/2007 rate. Rate in 2006/2007 for O&M & Reserve was $0.9832/1,000 gal; increased in 2007/2008 to $1.03/1,000 gal. This change is the result primarily of the following eight (8) line items: Regular Wages Legal Auditing Lab Permit Testing Electricity Water Insurance Chemicals 2006/2007 920,000 27,000 28,000 53,000 1,156,000 12,000 318,000 859,000 2007/2008 1,099,000 41 ,000 40,000 90,000 1,165,000 29,000 267,000 895,000 4% Merit pay Increase Legal Two Single Audits Required for Grant Utilizing Private Lab FPL Rate Increase Hypochlorite Generators Rates of Stabilized Eliminating Chlorine We have based our budget on influent flow of 16.8 mgd compared to 17.3 mgd last year. RECLAIM USER RATE The projected budget for O&M for 2007/2008 is $479.000 which is $29,000 over our last year budget. Increases are due to electricity and water rate increases. Our User Rate for reuse will increase from $0.26/1,000 gal to $0.28/1,000 gal. WASTEWATER RESERVE FOR REPAIR AND REPLACEMENT It is estimated as of 06/30/2007 we will have $3.200,000+ in the wastewater Reserve for Repair & Replacement. We have identified at this time expenditures of $211,000t this year for various projects. The rate for Repair & Replacement of $0.18/1,000 gal will generate $1,103,000 at minimum flow. POTENTIAL CAPITAL PROJECTS It is anticipated that the Board will require $4.300,000 for the remainder of this fiscal year and $8.350,000 next fiscal year from each City for construction of Solid Waste Authority Pelletization Project, Construction of Reclaim Expansion and 100% Reclaimed Expansion and Deepwell. F:\docslBudgetlfy2007-2008\Exec Summary 2007-0B,doc:07-09-2007 Agenda Exhibit 11 b SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD SALIENT BUDGET CHANGES 2007 -2008 WASTEWATER OPERATION & MAINTENANCE (Cost Distributed to Cities by Flows) TOTAL O&M BUDGET Budget 2006/2007 5.072.000 Projected 2006/2007 4.857.000 Budget 2007/2008 5.144.000 (2.7% Inc.) PERSONNEL SERVICES - TOTAL 1,567,000 1,447,000 1,694,000 (8.1 % Inc.) 1212 Regular Wages 4% normal annual increase SERVICES - TOTAL 779,000 740,000 841,000 (7.9% Inc.) 3310 Legal 27,000 41,000 42,000 (55.5% Inc.) Attorney reviewing construction documentation 3200 Auditing 28,000 28,000 Two single audits required for grants 40,000 (42.9% Inc.) 3300 Lab Permit Testing 53,000 50,000 90,000 (69.8% Inc.) Anticipated increase in County's Lab Services Agreement OPERATIONS & MAINTENANCE 1,772,000 1,637,000 1,742,000 (1.7% Dec.) 4300 Electricity 1,150,000 1,100,000 1,165,000 (1.3% Inc.) Production of Hypochloride will require additional energy cost 4500 Insurance 314,000 247,000 267,000 (14.9% Dec.) Insurance rates overestimated last year CHEMICALS & SUPPLIES - TOTAL 859,000 958,000 845,000 (1.6% Dec.) Due to producing Hypochloride no chlorine is required in this year's budget. OPERATING CONTINGENCY o o o (0% Inc.) ENGINEERING 95,000 77,000 85,000 (8.5% Dec.) No DEP Permit assistance required in this budget. F:\docs\Budget\fy2007 -200B\FY 2007-200BSALlENT BUDGET. doc:05-16-2007 RECLAIM OPERATION & MAINTENANCE (Cost Distributed by Flow) TOTAL RECLAIM O&M BUDGET Budget 2006/2007 460.000 Projected 2006/2007 422.000 F:\docslBudget\fy2007-2008\FY 2007-2008SALlENT BUDGET. doc:05-16-2007 i~).genda Ex...~ibit JI b Budget 2007/2008 479.000 (4.1 % Inc.) AGENDA EXHIBIT Jlc ....,.., . ........ . .,...... . ........ . ........ . . . . , . . . . . ...... .... ....., .... , . . . . . , . . . . . . . . . . . . ........ , ........ . ........ . ,.,...... . ......... ...... . . . . . . . . . . ........ . .,........ .. . . . . . . . . . ......... . ..".... . . . . . . . . . . . ........ . . . . . . . . , .. ... .... ......... ......... . ........ . . . . . . . . . . . ........ . . . . . . . . . . . . . ... ......... .. ....................................... . . . . . . . . . . . ... ................... . . . . . . . . . . ......1 ,<<' : : . 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F:ldocsIBudget\fy2007 -200B\acct detail fy07-0B South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2003-2008 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007 -200b DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET SUMMARY TOTALS PERSONNEL SERVICES S1,296,000 $1.270.599 $1.337,664 $1.567,000 $1,447,000 51,694,000 OPERATING EXPENSES: 2.371.000 2,651,827 3,061,534 3,410.000 3.335.000 3.428.000 SERVICES 643.000 711.681 724.375 779,000 740.000 841,000 OPERATIONS/MAINTENANCE 1,187,000 1.165.139 1.511,864 1.772.000 1.637.000 1,742.000 CHEMICALS/SUPPLIES 541,000 775.007 825,295 859,000 958.000 845,000 ------_.. ----- ------- ------------------- ------------------ --- -------------------- ------------------ ---- --------------------- TOTAL PERSONNEL AND OPERATING EXPENSES $3.667.000 3.922,426 4,399.198 4.977.000 4.782,000 5,122.000 OPERATING CONTINGENCY 50,000 0 0 0 0 0 ENGINEERING 105,865 180.151 136.645 95,000 75.000 85.000 ------------------- --------------- --------------- ---------------- ---------------------- ------------------ TOT AL BUDGET $3,822,865 $4,102,577 $4,535,843 $5,072,000 $4,857,000 $5,207,000 $ 0,8492 16,8000 PERSONNEL ACCOUNT 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007 -2008 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET ".w__."'__u_"".__",__"__ ..-.--..-----.- , .__."_._w____., ---------.-----.... ------~.-.._---._--'.__.-. ._--..._-. 1212 REGULAR WAGES 868.428 885.428 890,906 $986,000 $920,000 $1.099,0, 12121 SICKNACATION REDUCTIONS 12,668 7,223 25.596 43.000 43,000 55.000 1214 OVERTIME 47.752 40,869 50,634 45,000 45.000 40,000 12151 EMPLOYEE ASSIST, PROG, 540 567 567 1,000 1,000 1,000 1221 SOCIAL SECURITY 75.575 77.290 78,713 97,000 89.000 103,000 1223 HEALTH INSURANCE 80.252 92,138 115.771 130,000 114.000 146.000 12231 DENTAL INSURANCE 6.961 9,615 0 8.000 8,000 10,000 12232 DISABILITY INSURANCE 5,318 5.352 6,094 6.000 6.000 6.000 12233 LIFE INSURANCE 1,064 784 1,347 2,000 2,000 2.000 12234 VISION CARE 0 0 0 2.000 1,000 2,000 1224 WORKERS' COMPENSATION 34.216 35,332 36,393 41.000 39,000 41.000 1225 UNEMPLOYMENT 11,039 3.072 15,759 3,000 2,000 2.000 1236 PENSION 111.700 111,825 115.093 145.000 120.000 145,000 1237 DEF COMP SUP 56,000 56.000 40.000 1240 PAYROLL CONTINGENCY 1,169 1.084 791 2,000 1.000 2.000 ---------------- ------------------ --------------------- ------------------ -------------- ----- ---- -------------------- TOT AL PERSONNEL SERVICES $1.256,682 $1,270,599 $1,337,664 $1,567,000 $1,447,000 $1.694,0 $1,835,000 reclaim = $38.36 F .\Qocs\Budget\fy2007 .2008\3cd detail fy07 -oe Page 1 of 5 7/6/20078"06 AM South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2003.2008 SERVICES ACCOUNT 2003-2004 2004-2005 2005.2006 2006-2007 2006-2007 2007 -2008 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 3100 MEDICAL SERVICES $880 $1,470 $400 $2,000 $8,000 $2.000 3110 LEGAL (GENERAL & ADMIN) 23.821 35.364 10,386 27,000 41,000 42,000 3112 LEGAL (TOXICITY) 0 1.238 2,362 7.000 2,000 7.000 3120 SERVICES (G & A) 7.225 8.824 10,980 10.000 5.000 14,000 3200 AUDITING 19.249 23.024 21.000 28,000 28,000 40.000 3300 LAB PERMIT TESTING 44.539 51.200 50,160 53.000 50,000 90.000 3400 PRETREATMENT 0 0 0 0 0 0 3402 TOXICITY TESTING 0 0 0 0 0 0 3404 CHEMICAL ANALYSIS 0 0 0 0 0 0 3406 METER CALIBRATION 6.980 7.745 6,720 8,000 8,000 8,000 3410 SLUDGE HAULING 241.053 430,587 441,056 475,000 460.000 490,000 34' ' GRIT HAULING 94,247 79,504 97.149 94,000 90.000 90,000 TRASH HAULING 571 890 887 2.000 1.000 1,000 3500 SERVICES (0 & M) 40.511 71,835 83.275 73,000 47.000 57.000 -------- --------- ----------- ..----...------------ ------------- ----- TOTAL SERVICES $479,076 $711,681 $724,375 $779,000 $740,000 $841,000 F:\docs\Budget\fy2007-2008\acct detail fy07~08 Page 2 of 5 7/6120079:06 AM South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2003-2008 OPERA TIONS/MAINTENANCE c,CCOUNT 2003-2004 2004-2005 2005.2006 2006-2007 2006-2007 2007 -2008 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET - __...________.___n__ ._~ --~_.---_._. --- ------.----...- 4000 VEHICLE EXPENSE $11,306 $12,627 $12,979 $14,000 $14,000 $15,000 4020 BOARD CONTINGENCY 1,390 2,578 3,149 5,000 3.000 5,000 4100 TELEPHONE 19,583 20.045 17,178 22,000 14.000 15,000 4102 POSTAGE 3,594 3.428 3,621 6,000 2.000 5.000 4300 ELECTRICITY 712,669 752,536 1.023,992 1,150,000 1,100,000 1,165.000 4302 WATER 23,689 25.682 10.027 12,000 12,000 24.000 4303 IRR/PROCESS RECLAIM WATER 9.000 0 106.270 99,000 105.000 100,000 4400 EQUIPMENT RENTAL 0 596 863 2.000 1,000 2,000 4500 INSURANCE 231.028 197,906 197,498 314.000 247.000 254.000 4600 M & R EQUIPMENT 47,202 43,089 59.876 51,000 57.000 59.000 4620 M & R VEHICLES 4.205 2,810 4.743 7.000 6.000 7.000 4630 M & R GROUNDS 4.406 6,998 11,930 15,000 14,000 15.000 4640 M & R BUILDINGS 4.864 11 ,188 4,612 10,000 10,000 10J 4650 M & R UNSPECIFIED 20.518 22,846 20,048 20,000 10,000 20.000 4900 ADVERTISING 3.517 3,656 5.774 3,000 4.000 3,000 4902 LICENSE & PERMITS 23,192 17.904 11,968 17,000 17,000 17,000 5400 MEMBERSHIP DUES & SUSSCRIP' 9,683 11.071 10.729 11,000 11,000 12,000 5410 TECHNICAL TRAINING 6,543 4.423 3.753 9,000 5,000 9,000 5420 EDUCATIONAL EXPENSES 2,792 6.231 2,854 5,000 5,000 5,000 6400 CAPIT AL ASSETS 29.430 19,525 0 0 0 ----------------- ---------------- ------------------- --------------- ----------- ----------- ------------------ TOTAL OPERATIONS/MAINT. $1,168,611 $1,165,139 $1,511,864 $1,772,000 $1,637,000 $1,742,000 1=:\docs\Budget\fy2007-2008\acct detail fyD7-0B Page 3 of 5 7/6/20079:06 AM South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2003-2008 CHEMICALS/SUPPLIES ACCOUNT 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007 -2008 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET _,_v,._,,_'__"__._'~'_ . '-'---~'~---" -"--------~.- ------------ ....'^--.-------- ..-.---- 5100 OFFICE SUPPLIES $5.497 $6.778 $5.904 $8,000 $9,000 $9,000 5201 SAFETY SUPPLIES 4.893 7.965 5.439 6,000 4,000 6,000 5202 GENERAL OPERATING 15.734 12.868 15,868 20,000 10,000 15,000 5203 JANITORIAL SUPPLIES 2,870 2.819 3.457 4.000 3,000 3,000 5204 LABORATORY SUPPLIES 7.707 5,974 6,615 7.000 8.000 8,000 5210 CHEMICALS 557,993 711,697 736.792 780,000 901,000 770,000 5220 OIL. FUEL, LUBRICANTS 11.470 13,802 41,039 15.000 7.000 15,000 5230 CONSTRUCTION MATERIALS 2.070 0 0 3.000 1,000 3,000 5240 UNIFORMS 7.503 7.256 5,327 8.000 8.000 8.000 5250 SMALL TOOLS < $500 4.320 4,609 3.709 5.000 6,000 6.000 5251 OFFICE EQUIPMENT < $500 1,618 1,239 1.145 2.000 1.000 1.000 525? LAB EQUIPMENT < $500 335 0 0 1,000 0 1,000 .....--- ---- ----- ------ TOTAL CHEMICALS/SUPPLIES $622,010 5775,007 $825,295 $859,000 $958,000 $845,000 OPERATING EXPENSES (SUMMARY) SERVICES 5479,076 $711.681 $724.375 $779,000 $740,000 $841.000 OPERATIONS/MAINTENANCE $1.168.611 $1.165,139 $1.511,864 $1,772.000 $1.637.000 $1,742.000 CHEMICALS & SUPPLIES $622.010 $775,007 $825,295 $859,000 $958.000 $845.000 ------- ------- -- --- ----- TOTAL OPERATING EXPENSES $2,269,697 $2,651,827 $3,061,534 $3,410,000 53,335,000 $3,428,000 F:\docs\Budget\fy2007-2008\acct detail ty07-0e Page 4 of 5 7/6120079:06 AM South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2003-2008 OPERATING CONTINGENCY TOTAL OPERATING CONTINGENCY 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007 -2008 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET ----...-----..-- ---.-.-----.-.. _..__.._-,-~------- ..-.--------.- _.----------- $50,000 $0 $0 SO $0 $0 ------------------ ------------------- ------------------- --------------------- ------------------- - --- -------------------- $50,000 $0 $0 $0 $0 $0 ACCOUNT NO. DESCRIPTION 4990 OPERATING CONTINGENCY ENGINEERING ACCOUNT 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007 -2008 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET -.,." -.--------"---..--- _.__._._",._..~---_._- -. _,',__________.._n'.___ -~.....'--_._--- .------.-.----,-.----- .,------.-- 3150 GENERAL $87,115 $180,151 $136,645 $50,000 $55,000 S50,OOO 3150a Permit - DEP 0 0 0 40,000 15,000 SO 3151 FACE 18,750 0 0 0 0 C 3160 BIOTOXiCITY 0 n 0 0 [I v 3162 PRETREATMENT 0 0 0 5,000 5,000 35,000 3163 THERMAL SCREENING 995 0 0 0 2,000 0 ----------------- ------------- -------------. -------------- --- -- ------- -------- --- ------------------ TOTAL ENGINEERING $106,860 $180,151 $136,645 $95.000 $77,000 $85,000 GRAND TOTAL BUDGET: $3,683,239 $4,102,577 $4,535,843 $5,072,000 $4,859,000 $5,207,000 ::::\docs\Budget\fy2007-2008\acct detail fy07-08 Page 5 of 5 7/6/20079:06 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD PERSONNEL ..------..,.--..,.------..-,--------..---..------- .---- ACCOUNT TITLE DESCRIPTION 2007.2008 BUDGET ACCT. NO. 1212 REGULAR WAGES Base wages - 23 Regular Employees; 1 part-time 4 Administrative 2 Lab & pretreatment 11 Operators + Holiday reg 7 Maintenance Includes 4% average merit pay increase $141,000 for Reuse (39,OO/hr est 300hr per mth) Special Parity Increase: Mechanic - David Werpney 5% Reuse Wastewater $1,240,000 (141.000) $1,099,000 12121 SICK PAY REDUCTION Employees have the annual option to 40,000 cash out 96 hours sick pay to deferred comp in excess of fifteen (15) working days accrued in sick bank 12122 VACA PAY REDUCTION Vaca 100% up to 80 hours. 15,000 1214 OVERTIME Shift coverage as required for plant operations. Employees working over 40 hours per week (excluding sick hours) are paid at time and a half. 12141 Hurricane Watch 3,000 12142 Maintenance 3,000 12143 Shift 1 Coverage 6,000 12144 Shift 2 Coverage 2,000 12145 Shift 3 Coverage 6,000 12146 Training 1,000 12148 Holiday Coverage 16,000 12149 Lab/Pretreatment 1,000 12150 Special Projects 2,000 ------ 40,000 12151 EMPLOYEE ASSISTANCE Board cost: $2.25 per employee per 1,000 PROGRAM month. Provides family counseling and referral services to employees and their families, 1221 SOCIAL SECURITY/ Employer's estimated cost: 7.65% 103,000 MEDICARE currently = Social Security - 6.2%; Medicare - 1.45%. 1223 BLUE CROSS/BLUE SHIELD Board cost per employee [23] is estimated @ 146,000 HEALTH INSURANCE $492.00 monthly. (@ 10% increase) + $10 @ emp/mth to BB + Stop loss liability $7,000 to City of Boynton Beach '''231 DENTAL INSURANCE Board cost per employee [23] est @ $35.00 monthly 10,000 F :ldocslBudgetlly2007 -20081ecct detail 1y07 -08 Page 1 of 9 7/612007 9:05 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD PERSONNEL (cont.) 2007 -2008 ACCT. NO. DESCRIPTION BUDGET 12232 DISABILITY INSURANCE Long term disability insurance provided 6,000 by the Board at approximately 1 % of 40 hour base pay per employee. 12233 LIFE INSURANCE Board provides $10,000 life insurance, 2,000 12234 VISION CARE Employee vision plan $6 @ emp mthly 2,000 1224 WORKERS' COMPENSATION Cost per employee based on a 40 hour 41,000 base pay, Anticipate a 5% increase, 1225 UNEMPLOYMENT Paid on a reimbursable basis according 2,000 to claims received. 1236 PENSION Defined Board contribution based on 40 145,000 hours base pay for participants plus administrative fees. 1237 DEF COMP SUPPLEMENT Board match to sick cash in deferred comp 40,000 1240 PAYROLL CONTINGENCY Employee annual appreciation dinner and luncheons (i.e.: retirements. recognitions, and safety awards), 2,000 TOTAL PERSONNEL $1,694,000 .-,..-.'''..-----.-,.----- -,._._.,,-,-_._-_...~' '.----. F:ldocslBudgetlfy2007 -20081accl detail fy07 -08 Page 2 of 9 7/6/2007905 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES SERVICES 2007 -2008 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 3100 MEDICAL SERVICES Employee physicals, drug screens & immunizations $2,000 3110 LEGAL (ADMIN & LABOR) Attorney fees: 31101 Admin - Saberson $40,000 31103 Pension - Gray Robinson 1,000 31104 Lewis, Longman & Walker 1,000 ----------- 42,000 3112 LEGAL (TOXICITY) Continuing Operational Permit Legislation 31121 Saberson 2,000 31125 Lewis, Longman & Walker 5,000 ---------- 7,000 3120 SERVICES: 31201 Accounting & Bookkeeping 1,000 General & Administrative 31202 Computer Consultant & Lie renewals 5,000 31206 Copier Maint. Contract 2,000 31207 Appraisal Fee 5,000 31208 Others 1,000 ------- 14,000 3200 AUDIT FEES 32001 Annual Audit - Single Audits (2) 40,000 J LAB PERMIT TESTING Outside Lab Testing Services 90,000 3406 METER CALIBRATION Calibration of transmitters, totalizers, 8,000 FLORIDA SERVICE recorders, and flowmeter pump as required. 3410 SLUDGE HAULING Based on site hauling rate of $18.90 @ cu yd cake 490,000 or $9.70 per cu yd for cake to SWA (900 loads * $545) 3411 GRIT HAULING 72 trips @ $650; 45 @ $1,000; 13 @ $300.00 per trip, 90,000 3412 TRASH AND HAULING Tipping fee for trash hauling. Regular trash container. 1,000 3500 SERVICES: 35001 Centrifuge 30,000 Operations, Maintenance & 35002 Air Scrubbers Balancing 2,000 Professional 35003 Generators 5,000 35004 Lawn Maintenance 12,000 35005 Admin. Building Cleaning 6,000 35008 Other 1,000 35009 Contract Labor 1,000 -------------- 57,000 ------- TOTAL SERVICES $841,000 ----------- ----------- F:ldocslBudgetlfy2007 -20081aoot detail fy07 -08 Page 3 of 9 7/6/2007 9:05 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERA TIONS/MAINTENANCE OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES DESCRIPTION ACCT. NO. ACCOUNT TITLE Mileage reimbursement @ $0.48.5/mile; Fuel for company vehicles 1 approved vehicle allowance. 40001 Vehicle Allow 40002 Mileage Reimbursement 40003 Fuel for Vehicles 4000 VEHICLE EXPENSE 4020 4100 4102 4300 4302 4303 4400 4500 BOARD CONTINGENCY Public relations, good will tours, floral arrangements or fruit baskets, cards for illnesses or funerals, and miscellaneous business expenses: 40201 Board Expense: Appreciation 40202 Board Expense: Meals and Entertainment 40204 Board Expense: Travel, Lodging TELEPHONE EXPENSE Monthly base fees and long-distance usage including Fax, pager, 5 cellular phones and E-mailllnternet POSTAGE U.S, Mail- Rate $.41 first class ELECTRIC!TY KWH including surcharge for peak usage. Plant 1,1 m; Hypo 65k WATER CONSUMPTION Budgeted meter = 540x12=6500; plant 225x2.55=5700 Hypo 900x2,55x.55=12600 IRR/PROCESS REUSE WATER Irrigation water cost 1,1 m gallday @ $.28/1000 EQUIPMENT RENTAL Cranes, various equipment, and instru- ments as required in maintenance and operations, INSURANCE EXPENSE 45001 General Professional Liability 45002 Auto 45003 Employment Practices 45004 Fiduciary 45006 Petroleum Storage Tank 45007 Pollution Liability 45008 Commercial Property 45009 Boiler & Machinery 45010 Mobil Equip & EDP 45011 Employee Dishonesty F :\docs\Budgetlfy2007 .200B\acct deta,l fy07 -08 Page 4 of 9 $6,000 1,000 8,000 1.000 2,000 2,000 53,000 9,000 20,000 3,000 1.000 15,000 135,000 7,000 9,000 2,000 2007 -2008 BUDGET $15.000 5,000 15,000 5,000 1165.000 24,000 100.000 2,000 254,000 71512007 9:05 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERA TIONSIMAINTENANCE 2007 -2008 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4600 M & R EQUIPMENT Annual repair items for pumps and plant equipment: 46001 Influent Building 2,000 46002 Aerators 3,000 46003 Blower Building 6,000 46004 Scrubbers 8,000 46005 Clarifier 1,000 46006 Return Building 2,000 46007 Solids Handling Building 8,000 46008 Hypochlorite 6,000 46009 EQ Building 1,000 46010 Effluent Building 1,000 46011 Shop Building 2,000 46012 Office Building 1,000 46013 Dechlorination 1,000 46014 Miscellaneous (GMS) 15,000 46015 Operators Office 1,000 46016 Lime Silo 1,000 ----- $59,000 Annual repairs for vehicles: _0 M & R VEHICLES 46200 Company Vehicles 2,000 46201 Tractor 1,000 46203 Service Carts 2,000 46204 Boom Lift 1,000 46205 Other 1,000 ---------- 7,000 4630 M & R GROUNDS Landscaping, sprinkler systems, retention 15,000 ponds, piping, fertilizer, etc, 4640 M & R BUILDINGS Painting, Repair or replacement of doors, 10,000 screens, locks, windows, ceiling tiles, bulbs electrical, plumbing, and lighting. 4650 M & R UNSPECIFIED Funds for emergency or unidentified 20,000 equipment deficiencies that require upgrade or improvement in operation. 4900 ADVERTISING Advertisement and legal ad allowance 3,000 related to plant operation or bids and public notices. F:ldocslBudgetlfy2007 -200Blacct detail fy07 -DB Page 5 of 9 7/612007 9:05 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERA TIONS/MAINTENANCE ACCT. NO. ACCOUNT TITLE DESCRIPTION 2007 -2008 BUDGET 4902 LICENSES AND PERMITS 17,000 STATE Professional & Operators license renewal 2.000 Operating Permit 7.500 Storage Tank 50 Risk Management 1,000 ------------------ 10.550 PALM BEACH COUNTY Air Pollution Licenses 100 Wellfield Permit 75 Storm Water 500 Tags on Trucks 200 Wastewater 2,150 ---------------- 3,025 CITY & SPECIAL DISTRICT Solid Waste Assessment/Lake Worth Drainage 2,400 Special District Fee 175 Other 01:1"\ u.....u --------------- 3.425 5400 MEMBERSHIP DUES AND Dues - Professional organizations 12,000 SUBSCRIPTIONS Professional Registration and licenses. journals and subscriptions, 5410 TECHNICAL TRAINING CPEs required for lic renewal per FLDEP Lab Technical, and Quality Assurance Short Schools; Personnel Seminars and technical conferences; computer classes 54101 Conferences 54102 Meals 54103 Travel & Lodging 54104 CEU courses 3,000 1,000 4,000 1,000 9,000 5420 EDUCATIONAL EXPENSES Classes, books & fees, 5.000 TOTAL OPERATIONS/MAINT. $1,742,000 ----------- ----------- F'ldocslBudget\fy2007 -20081acot detail fy07 -08 Page 6 of 9 7/8120079'05 AM """""-""""""""""""-'*"""~f'l>l\~~"'+'<i.;',<,.,,,,', SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD CHEMICALS AND SUPPLIES OPERATING EXPENSES: SERVICES; MAINTENANCE: CHEMICALS & SUPPLIES ACCT. NO. ACCOUNT TITLE DESCRIPTION 5100 OFFICE SUPPLIES Copier paper, stationery, printer ink cartridges business cards, check printing, general office supplies, & necessities. 5201 SAFETY SUPPLIES Gloves, protective glasses, face shields, hearing protection, overboots, ear-plugs, muffs, emergency eye wash, cartridge respirators, gas cartridge, sterile storage bags for resp- irators, disinfection systems for respirators, fit test ampoules, respirator storage cabinets, disposal respirators, chemical spill absorb- ents, oil sorbent, liquid chemical neutralizers, barricade tape, hazardous materials response kit, salvage drum, diffusion ~es, signs, labels, tags, first aid supplies, fire extinguishers and accessories, hazardous area lights, emergency small tools. safety charts, books. ,u2 GENERAL OPERATING SUPPLIES Operating supplies, raingear, hard-hats, boots, drager tubes, gloves, hoses, firehoses, chart pens, charts, DO meters, sludge jugs, flags, coffee supplies, water cooler supplies, batteries. hurricane supplies, and other miscellaneous supplies, 5203 JANITORIAL SUPPLIES Mops, brooms, paper goods, brushes, all necessary janitorial cleaning supplies, 5204 LABORATORY SUPPLIES Laboratory upgrades and replacements. Reagents, glassware, replacement of equip- ment, apparatus. Lab supplies consumed by Process testing done in house, 5210 CHEMICALS 52101 Polymer: 455,000 lbs @ .91 Ib 52102 Lime: Calculated 900 tons @ $175.41 per ton. 52103 Chlorine: 195 tons @ $678,05/ton. 52104 Bisulfite: 300,000 Ibs. @ $.096/lb 52105 Mise, Chemicals 52106 Caustic 42,000 gal @$2.04 per gal 52107 Sulfuric Acid 200,000 Ibs. @ $.09Ib. 52108 Salt 600 tons @ $80.00 F:ldocsIBudgetlly2007-2008\acct detail 1y07 -08 Page 7 of 9 $425,000 160,000 o 28,000 4,000 85,000 20,000 48,000 2007 -2008 BUDGET 9,000 6,000 15,000 3,000 8,000 770,000 7/6/2007 9:05 AM ACCT. NO. 5220 5230 5240 5250 5251 5252 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACCOUNT TITLE CHEMICALS AND SUPPLIES (cant.) DESCRIPTION OIL, GAS, GREASE, DIESEL AND Diesel fuel for generator, gas, LUBRICANTS grease, oil, and lubricants for pumps and mowers, CONSTRUCTION MATERIAL UNIFORMS SMALL TOOLS AND EQUIPMENT PURCHASE OFFICE EQUIPMENT LAB EQUIPMENT TOTAL CHEMICALS AND SUPPLIES F:\aocsIBudgellfy2007 -20081acct detail fyD7 -08 Walkways, signs, fencing, rails, platforms, small shelters, concrete, etc. Additional office and storage units. Board participates 50% in uniform rental. Provides five (5) new sets of uniforms to non-renters each year basis cost of $200.00 per employee, Approved protective safety shoes: $85.00 - $170,00 employee per year, Handtools, drills, bits, files, small toolboxes, electrical equipment, and small maintenance tools < $750.00 value, Filing cabinets, chairs, calculators, adding machines, office mats, shelves, printers, tables < $750.00 value, Small equipment <$750.00 Page 8 of 9 2007 -2008 BUDGET 15,000 3,000 8,000 6,000 1,000 1,000 $845,000 ----------- ----------- 7/6/2007 9:05 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING CONTINGENCY 2007 -2008 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4990 OPERATING CONTINGENCY To be utilized as a supplement for any line $0 items which are exceeded during the budget year. Status of this Fund to be reported to Board. GASB & GAAP requirements, ENGINEERING 2007 -2008 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 3150 GENERAL 31501 General/Permit Assistance (permit renewal) 50,000 $50,000 3162 PRE-TREATMENT FLDEP Permit 35,000 $35,000 TOTAL ENGINEERING $85,000 ----------- ----------- GRAND TOTAL BUDGET: $5,207,000 ----------- ----------- F:\docs\Budget\ty2oo7 -2ooB\acct detail fy07 -DB Page 9 of 9 7/6/2007 9:05 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET FlY 2007/2008 ACCOUNT NO. DESCRIPTION 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007 -2008 ACTUAL ACTUAL BUDGET BUDGET PROJECTED BUDGET R 1212 REGULAR WAGES $ 96.000 $ 113,103 $126,000 $130,000 S140,OOO S141,000 R 31101 LEGAL 3.200 2,694 4,000 4,000 4,000 4.000 R 31502 ENGINEERING 4,900 1.768 4,000 4,000 0 4,000 R 32001 AUDIT 2.000 4.000 4,000 4,000 5,000 4,000 R 3402 TESTING 14,800 17.299 17,000 18,000 18.000 20,000 R 3406 METER CALIBRATION 0 90 1,000 1,000 1,000 1,000 R 35004 SERVICES (LAWN MAl NT) 9,100 7,800 9,000 9,000 9,000 9,000 R 43000 FUEL FOR VEHICLES 0 90 1,000 1,000 1,000 1.r''''''' R 4300 ELECTRICITY 116.000 123,942 135,000 150.000 150.000 203,L R 43020 WATER 0 0 0 0 r 1 0,000 L R 45001 INSURANCE 22.409 21,230 25,000 30.000 20,000 30.000 R 46014 M & R EQUIPMENT 19.300 9,913 10,000 10,000 9,000 10,000 R 4640 M & R BUILDING 200 1.051 1,000 1,000 0 '.,000 R 4902 LICENSES & PERMITS 0 0 0 0 0 R 5204 SUPPLIES LAB 0 0 1,000 1,000 0 1,000 452103 CHEMICALS 37,000 66.574 90.000 97,000 65,000 40,000 ----------- ------------------- --------------- ------------------ --------------------- --------------------- TOTAL BUDGET: $ 324.909 $ 369,554 $428,000 $460,000 $422,000 $479.000 F:\docs\BiJdget\fy2007 _2008\Reclaim det+summar)' fy07 ~08 Page "I of ~ 7/6:20C710:21 At..\ SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET FN 2007-2008 2007 -2008 ....CCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET R 1212 REGULAR WAGES Reuse charged ($39.00fhr) $141,000 for work performed on system R31i01 LEGAL Attorney fees associated with 4,000 reclaim R 31502 ENGINEERING Engineering fees associated 4,000 with reclaim R 32001 AUDIT Audit fees for reclaim 4,000 R 3402 TESTING Costs associated for lab fee 20,000 required by DEP R 3406 METER CALIBRATION Calibration of transmitters, 1,000 totallizers, recorders as required R 35004 SERVICES Cost incurred for maintenance 9,000 of grounds associated with reclaim R 43000 FUEL FOR VEHICLES Fuel for monitoring of reclaim 1,000 ~ 4300 ELECTRICITY per KWH including surcharge for 203,000 Plant = $150k; Hypo = $53 R 43020 WATER New Hypoclorite generation 10,000 900 x 2.55 x.45 R 45001 INSURANCE Property liability package for 30,000 reclaim covered under plant policy R 46014 M & R EQUIPMENT Annual repair items for reclaim 10,000 pumps & equipment R 4640 M & R BUILDINGS Cost incurred for repair of reclaim 1,000 buildings R 4902 LICENSE & PERMITS Cost for State & local reclaim 0 permits R 5204 LAB SUPPLIES Lab supplies consumed for 1,000 testing required by DEP R 52103 CHEMICALS Solar Salt $80 per ton est 500 tons 40,000 --....------------- TOTAL BUDGET: $479,000 F:ldocslBudgetlfy2007 -20081Reclalm det+summary ly07 -08 Page 1 of 2 7/61200710:21 AM l..genda Exhibit J 1 d South Central Regional Wastewater Treatment & Disposal Board REPAIR & REPLACEMENT FUNDS 2007 -2008 Replace two (2) Golf Carts Replace 1995 F150 Ford Pickup Truck Paint Plant Exterior Replace Chlorine Meters Replace Internal Telephone System Repair Both Emergency Generators $ 10,000 15,000 100,000 15,000 11,000 60,000 Total $ 211.000 Page 1 of 1 7/12/2007 F:\docslBudget\fy2007-200B\R&R Budget 07-0B.doc RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, authorized the Board to establish a reclaim user rate to consumers (Delray and Plant) for Fiscal Year 2007/2008 as follows: $0.28/1,000 gallons WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:ldocslBdMtgsIRatifs\2006-2007IBoyntonRatif 07-19-07. doc AGENDA EXHIBIT J3 South Central Regional Wastewater Treatment and Disposal Board RECLAIM USER RATE OPERATION & MAINTENANCE FN 2007/2008 Original Retail Customers (1.1 billion gal/year) 3 year average City of Oelray Beach (221 million gal/year) (Oelray Muni, Hamlet) SCRWWTP (396 million gal/year) average Total = (1.717 billion gal/year) Projected budget O&M = $479,000 Reclaim user rate based on projected flows = $479,000/1,717,000,000 gal $ Rate 0.2790 0.28/1,000 GAL User Flows RATE Revenue Original Retail Customers 1.1 billion gal/year 0.2447/1000 gal + surcharge 344,170 City of Boynton Beach ? 0.28/1000 gal unknown City of Oelray Beach: Oelray Muni GC 96 million gal/year 0.28/1000 gal 26.880 Hamlet 125 million gal/year 0.28/1000 gal 35,000 SCRWWTP 396 million gal/year 0.28/1000 gal 110,880 $ 516,930 F:ldocslBudgetlfy2007 -200Blra tesO 70B Page 1 of 1 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, authorized the establishment of a user rate in Fiscal Year 2007-2008 for wastewater in the amount of $.85/1,000 gal. for Operations and Maintenance and $.18/1,000 gal. for Reserves bringing the total to $1.03 per 1,000 gallons. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:ldocsIBdMtgslRatifsI2006-2007\BoyntonRatif 07-19-07. doc .~GEr.JD/\. .EXHIBIT J2 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS, MAINTENANCE & RESERVES FUND USER RATE & PROJECTED REVENUES FN 2007/2008 RATE O&M BudQet $5,207,000 0.85/1,000/gal 0.18/1,000/qal 1.03/1.000/aal O&M Reserves Total OPERATIONS & MAINTENANCE _~_,___.~___"..___~~~_---,""________._______,~"_.,~_~,,,.y,.c.,~,~_"^_,,~~.,.~_.~~,_.___,...._,._.~._.__._."_N~'N~.__~__~~~ PROJECTED FLOW MINIMUM 16.8 mgd RATE $0.85/1,OOO/gal INCOME $5,212,200 AVERAGE 17.3 mgd $0.85/1,000/gal $5,367,325 MAXIMUM 17.8 mgd $0.85/1,000/gal $5,522,450 ,__~._,'A'NO"_'__"_'__'_~'___~'___"'__"_'___.____~,_~~~_N___._____^~_~~N'~^___'~__'_"__V~_"__'V~_"'~__~""",-,^,y.,,~~,~---,~-,~,~,~'-'---~-- RESERVES FOR REPAIRS & REPLACEMENT PROJECTED FLOW MINIMUM 16.8 mgd RATE $0.18/1,000 GALS. INCOME $1,103,760 AVERAGE 17.3 mgd $0.18/1,000 GALS. $1 ,136,610 MAXIMUM 17.8 mgd $0.18/1,000 GALS. $1,169,460 F :\d ocs \Budget\fy2007 -2008\rates0708 Page 1 of 1 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19,2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, Authorization to approve Hazen and Sawyer's Consulting Services Work Order No. 07-005 to provide construction phase services for the construction of the Reclaimed Water System Expansion to 24 MGD in the amount not to exceed $510,080 to be split 50/50 from each City's Capital Funds. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:\docsIBdMtgsIRatifs\2006-2007IBoyntonRatif 07-19-07. doc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD CONSULTING SERVICES WORK ORDER 07-005 DATE: WORK ORDER NO. 07 -005 CONSULTING SERVICES: construction phase services for the construction of the Reclaimed Water System Expansion to 24 MGD. BACKGROUND The South Central Regional Wastewater Treatment and Disposal Board (SCRWT&DB) Wastewater Treatment Facility (WWTF) is a 24 million gallon per day (mgd) average daily flow (ADF) complete mix activated sludge treatment process which serves the Cities of Boynton Beach and Delray Beach. The primary method of effluent disposal is via reuse and both cities have an aggressive program in place to promote reuse, An ocean outfall is also used as a secondary and backup disposal method to supplement the reuse system and provide additional capacity when needed, Current enhancements of the reuse facilities will allow treatment of wastewater to irrigation quality water with high level disinfection. This level of treatment will make SCRWT&DB one of the premier reuse providers in southeast Florida. In addition, the high level disinfection will qualify the SCRWT&DB for use of deep well injection as an acceptable disposal method to supplement the reuse system. Thus, the Board has approved the use of deep well injection as the secondary method of disposal to the reuse system which will virtually eliminate the need for the ocean outfall. The ocean outfall will be used for emergency backup should flows exceed the capacity of the reuse and deep injection well systems. Work proposed under Consulting Service Work Order 07 -005 focuses upon the engineering related construction phase services associated with the expansion of the reclaimed water facilities to 24 mgd ADF, SCOPE OF SERVICES TASK 1 -- CONSTRUCTION ADMINISTRATION The CONSULTANT will perform the following Tasks associated with administration activities related to the construction of the project: 1, Prepare and issue Contract Drawings identified as "For Construction" to the SCRWT&DB, the Contractor, and major subconsultants, These Contract Drawings will be the As-Bid Drawings including all Addenda, 2, Conduct a pre-construction conference attended by representatives of the SCRWT&DB, CONSULTANT, Contractor and major subcontractors, Prepare a written summary of the meeting within five working days and distribute the summary to all attendees. Page 1 of 5 O.'\4645-011-BCA IWpdocsIC\SCRWTDB Proposal 07-005.doc 3. Review and process shop drawings, samples, schedules, certifications and any other data which the Contractor is required to submit. This review will be for conformance with the design concept and compliance with the information given in the construction contract documents. Reviewed shop drawings/submittals will be submitted to the SCRWT&DB for their records. 4. Interpret the requirements of the construction contract documents, evaluate the acceptability of the work performed thereunder, and make recommendations on all claims of the Contractor and advise the SCRWT&DB as to the acceptability of the work or the interpretation of the requirements of the construction contract documents pertaining to the execution and progress of the work. 5. Review the Contractor's applications for payment and accompanying schedules, data and other documentation required by the construction documents; determine the amounts owed to the Contractor; and advise the SCRWT&DB as to the acceptability of all monthly progress payments due to the Contractor. 6. Conduct one (1) inspection to determine if the work is substantially complete and one (1) final inspection to determine if the completed work is acceptable and has been completed in accordance with the Contract Documents. 7. Upon determination that the project has been completed in accordance with the Contract Documents, that the Contractor has fulfilled his obligations, and that all systems are functioning as designed, CONSULTANT will certify to the SCRWT&DB and the Florida Department of Environmental Protection (FDEP) that construction is complete. 8. CONSULTANT will prepare Record (As-Built) Drawings showing those changes made during the construction process. As-Built drawings will be based on marked up prints, drawings and other data furnished by the Contractor to the CONSULTANT. CONSULTANT will provide to SCRWT&DB the As-Builts on a set of bluelines on 24x36 inch paper. TASK 2 -- RESIDENT PROJECT REPRESENTATION The CONSULTANT will provide a Resident Project Representative (RPR) on a full-time basis forthe duration of the construction project to observe construction and monitor work as needed. The RPR will perform the following tasks: 1, Serve as a full-time construction liaison with the Contractor working principally through Contractor's superintendent and assisting him in understanding the intent of the construction contract documents. 2. Assist in obtaining from SCRWT&DB additional details or information when required at the job site. Page 2 of 5 O:\4645-011-BCAIWpdocs\CISCRWTDB Proposal 07-005.doc 3, Conduct on-site observations of the work in progress to assist in determining if the work is proceeding in accordance with the construction contract documents and that completed work will conform with the construction contract documents, Report to Contractor whenever RPR believes that work is unsatisfactory, faulty, or defective or does not conform to the construction contract documents, or does not meet the requirements of inspections, tests or approval required to be made, or has been damaged prior to final payment; and advise CONSULTANT, Contractor, and SCRWT&DB when RPR believes work should be corrected or rejected. Advise Contractor immediately of the commencement of work requiring a shop drawing or sample submission if the submission has not been accepted, Visually inspect and review suitability and method of storage of materials, equipment and supplies delivered to construction site, 4, Receive and review measurements and notations on the plans from the Contractor as required to show field changes in construction and "As-Built" conditions and supplement with information from on-site observations. 5, Before issuance of a determination of substantial completion, prepare a list of observed items requiring completion or correction. Participate in substantial and final inspections. 6. Coordinate with SCRWT&DB and Contractor necessary shutdowns and interruptions of facilities, 7. Resident project representatives: a) Will not undertake any of the responsibilities of the Contractor or subcontractors. b) Will not advise on or issue directions relative to any aspect of the means, method, techniques, sequences, or procedures of construction unless such is specifically called for in the construction contract documents. c) Will not advise on or issue directions as to safety precautions and programs in connection with the work. d) Will not approve interruptions or modifications of SCRWT&DB facilities, e) Will not attest to the acceptability of work completed by the Contractor when not present at the project construction site. TASK 3 -- O&M PROTOCOL AND HMI UPDATES The CONSULTANT will development, test and startup SCADA-HMls associated with the Reclaimed Water System Expansion to 24 MGD to work with the existing G.E. Fanuc iFIX 3.5. CONSULTANT will update the facility existing reclaimed water system O&M protocol manual. The update will include the incorporation of all modifications performed to the existing on-site reclaimed water system as part of the reclaimed water system expansion to 24 MGD project. Page 3 of 5 O:\4645-011-BCAIWpdocs\C\SCRWTDB Proposal 07-005,doc ASSUMPTIONS 1. SCRWT&DB will pay for the building permit application and filing fees associated for this project. SCRWT&DB will pay for all testing expenses associated with the construction phase of this project as deemed necessary by CONSULTANT and wherever the Contractor is not required (by the Contract Documents) to do so. 2. The construction of the proposed improvements associated with this Work Order will be performed under a single construction contract and the duration of the construction contract will not exceed 375 calendar days to final completion. 3. PLC programming and system integration of the new facilities into the proposed Intellution operating system software is part of the scope of services provided by the project's construction contractor and is not included as services provided under this Work Order. 4. Engineering assistance in support of Contractor's disputed claims or litigation are not included as services provided under this Work Order. COMPENSATION Proposed labor costs and associated expenses for engineering services included in Work Order No. 07-005 will be performed for a total not-to-exceed price of $ 510,080 as detailed in Attachment A. PROJECT SCHEDULE The duration of the major work tasks are as summarized below: Task Proceed) Time to Complete (Calendar days from Work Order Notice to Task 1 - Construction Administration 430 Task 2 - Resident Project Representation 430 Task 3 - O&M Protocol and HMI Updates 430 Page 4 of 5 O:14645-005IWpdocsICISCRWT&DB Proposal 07-005,doc The CONSULTANT may not commence work on any Work Orders approved by the SCRWT&DB without a further written notice to proceed. Date: )~'V~ 7-(7 -0 7 CONSUL TANT: Approved by: SCRWT&DB: Date: , /1 AtteS~,l1/' ;::? v/J/~)hL/ ~. .' Bors, P.E., Vice President I .. '~E?~ice President Reviewed by: Page 5 of 5 O:\4645-011-BCA\Wpdocs\C\SCRWTDB Proposal 07-005,doc e:( I- Z W .... u e:( l- I- e:( Il) o o I "" o o 3: >- cx: e:( ~ ~ ::::> tJ) I- W C> o ::::> CO z o - l- e:( I- Z W tJ) W CX:O 0.." w:! 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I Q)! ,,- IV) ,I '''I :.., Itll~i i~: I I ,~i : ! :il i I i~l I' 1061 10' I II , I I ! 11M loi gl \~I 1""1 II ! i I, i loi I~-I 10 iV\ I"" I~ I i i 1~1 I~I I 1:1'1 ~i~.1 i I :~i I . :~ ~ig i O'>~ ,N I:i fi51~ 'i' : ~IN IN' 19i1l :~I glO,i C") 0, i~\ I~I , ' <010: ' M,~.i I IL()' I i I ! 1",,1 I ~ig; 10> , !N-I l/) ~ o I 0; "0 l/) 15U') ::! 0 CfJ(.) o 0 .0 .0 to <tl ...J ...J ,~I , I , i 101 :01 1:1 i I ! I I I I I I ! ! I i I: I I I I I 1 I ... o .0 IV ...J ;a '0 :c ::! en igi i~i I i I . I II I I I i ' ;a '0 :c ::! en C 5 :; ., c: o .., .c ::! lI) ! Vt o CO LO. t- o LO i ~ I i , , I I"" I I I I \ I I I T ~ 1 i I 1 I ! i , i I i I i 1 , ! ' , I I 1 ! ' i I ' I II ~ o :::. 0.. ::! -t: IV ::i: C 5 ~ :: o .., .c ::! en ... o .0 IV ...J ;a ... o I- o o L[') N o co o ci ...... &l'> ..... c..i~ a.:c '-- ~ Cll,... ~~ '" (I) '1:1 t: ~ t: Cll N ~ : I I I I , I ' , I ..... c oi Q t-: c E tf ... Q) ~ :;, ltl 0; '0 l- I/) w I/) c: Q) 0.. >< W , '1:1 01 E ~ C\l t: o 'in t: III ~ Q) I/) :;, Q) Cl: t: ~ u 2 Ui t: o U 1.3 ] o '1:1 ~ in c c ,;, ~ '" ~ o ;a '0 l- ... .., Q) .0 D: RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, Authorization to increase J.J. Kirlin's Contract for constructing the 6-MGD Reuse Expansion with a Change Order by $98,322 increasing the total Contract from $5,315,000 to $5,413,322. Action to be ratified by both Cities and the amount to be split SO/50 from each City's Capital Funds. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently, The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney CIDocuments and SettingslpylejlLocal Settingsl Temporary Intemet FileslOLKC1 EIBoyntonRatif 07-19-07 rev, doc AGE~TDA EXHIBIT J9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIMED WATER SYSTEM 6MGD EXPANSION BID ALLOWANCE ITEM COST SUMMARY II No. Description 6MGD I Expansion to Comments Expansion 24 mgd 1 Reduction of NaOCI tank pad thickness $ (5.693.00) Electrical duct bank conflicts (differing site condition) 2 Modifications to filter system metal building $ 3.512,00 Additional roof insulation I 3 Modification to Sodium Hypochlorite Building $ 12,568,00 Building aesthetic compatibility I 1\ 4 Installation of sodium hypochlorite blower Air filter $ 12.869,00 IAdditional connections and supports for sodium Silencers hypochlorite blower air filter silencers I 5 Removal of iightweight concrete from Sodium $ 11.364,00 Existing roof lightweight concrete not approved for new I Hypochlorite Building roof roofing system (differing site condition) 6 FRP reducer for OSG blowers $ 3,955,00 Additional FRP reducers for OFE blowers 7 Additional tee head bolts for fittings $ 1.498.00 Additional bolts necessary for OFE fittings 8 Additional fitting for Reclaimed Water Transfer Pump $ 5,928.00 Additional fitting to maintain potable water to industrial park 9 [Additional stucco for Sodium Hypochlorite Building $ 22.902.00 Building aesthetic compatibility 10 42" Sleeve for Chlorine Contact Basin influent line $ 6,982,00 Additional fitting to speed construction time I 11 IAdditional check valves and ball valves for brine feed $ 1,111,00 Additional fitting to softwater system lines 12 Clarifier NaOCI distribution System $ 4.872,00 Increasing capacity NaOCI distribution system I I Increase filter influent valve from 24" to 36" i Increase in size necessary for 24 mgd reclaimed water I 13 $ 33,270.00 facility I 14 Additional PVC ductbank for future Filter Building 1$ 52.426.00 Avoids re-excavation of existing paved road and excavation Electrical Room around existing utilities 15 Additional fittings and offsets for filter influent lines I $ 11 515 00 I Pipe modification necessary for necessary flowmeters . . proposed for 24 mgd reclaimed water facility I I I 1$ Conflicts with additional electrical duct bank needed for 24 I 16 I Removal of existing rain leader at Filter Building 1,111.00 mgd reclaimed water facility I Subtotals: $81,868.00 $98,322.00 I TOTAL ALLOWANCE ITEM COSTS TO DATE: $180,190.00 IThrough July 10, 2007 O:\4645-005IEngIQuarterly Board Meeting ReportsI4645..Q07 Bid Allowance Cost Summary 2007..Q7-10 HAZEN AND SAWYER RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, authorized Mr. Robert J. Hagel to execute the Contract with Youngquist Brothers, Inc. for $6,297,384 on behalf of the Board to construct the deepwell after the FDEP Permit for construction of the injection well becomes final. This action is to be ratified by the Cities and the amount of these expenditures is to be split SO/50 from each City's Capital Fund. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:ldocslBdMtgsIRatifsI2006-2007IBoyntonRatif 07-19-07. doc AGREEMENT THIS AGREEMENT is dated as of the _day of ,200_ by and between the South Central Regional Wastewater Treatment and Disposal Board hereinafter called the BOARD, and Youngquist Brothers, Inc. hereinafter called CONTRACTOR. BOARD and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Arti cle 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. For the Project entitled: SOUTH CENTRAL REGIONAL W ASTEW ATER TREATMENT AND DISPOSAL BOARD DEEP INJECTION WELL SYSTEM Article 2. CONSULTANT. The Project has been designed by Hazen and Sawyer, P .C., who is hereinafter called CONSULTANT and who will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in the Contact Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES: LIQUIDATED DAMAGES 3.1 Contractor agrees that '\1/ ork ,:..ill Be s1:lostantia:l.ly completed ':/it1iin 365 ealeadar days From. the date iFulieated in the Notiee t8 Prooeed ',vith finaJ. eompletion ',vitmn 30 ealenclar days after the date(s) of SUBst8:fl.tial CempletieFl(s). 3.1 "Contractor agrees that Work will be substantially completed within 300 calendar days from the date indicated in the Notice to Proceed with fmal completion within 30 calendar days after the date(s) of Substantial Completion(s)."1 Contractor accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 1 Addendum No. 1 O:4645-010IB:07-18-07 A-1 SCRWT&DB DEEP INJECTION WELL SYSTEM 3.2 Liquidated Damages. The BOARD and CONTRACTOR recognize that time is of the essence of this Agreement and that the BOARD will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The BO,,^~RD and CONTR..\CTOR agee that as liquiaateci dlHRages for delay (but not as a penalty) CONTR..^~CTOR shall pay the BO,,\RD five hundred dollars ($500.00) for each calemiar day that eKflires after the time speeified in panrgraphs .3.1 for substantial completion(s) until tho '.\lork is substantially eo~lete. ,,\fter S1:1bstantial Completion(s) ifCONTR..\CTOR shall negleet, refuse or fail to 60mfllete the rem.aining \Vork ':/ithin the COHtFaet Times or any flroper exteHsioH thereof granted by the BO.^~RD, CONTR..^...CTOR shall pay BOA....W five lrundred daIlars ($500.00) for eaeh ealenaar ciay that eJtcpires after the time speeified iH P8:ffigrBflfl. .3.1 for 6amflletion liRd readiness fer final paYHl6ftt. These amouHts are flat peHalties but are IiEIuiaated damages to the BO.^...RD for its inability to obta:in full aBaefieial oce~aney of the Projeet. LiEIuidatea G.lHRages are Hereby fi](ed and agree a upon aetY/eeH tl=1e parties, reeog:aiziHg the iFHflossibiIity of flreeisely aseertlliF.l.ing the am01:11lt of damages tHat '.vill be sootcHn8G by the BO;\....W as a eonsequeHee of suoh delay, 8:flG both parties desiring to obyiate lIDY ql:Iestion of dispute eoncern.iHg the amount of saia damages and the cost and eff<€let of the failure of CONTR..^~CTOR to complete the Contraet on time. "The BOARD and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the BOARD two thousand five hundred dollars ($2,500.00) for each calendar day that expires after the time specified in paragraph 3.1 for substantial completion(s) until the Work is substantially complete. After Substantial Completion(s) if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Times or any proper extension thereof granted by the BOARD, CONTRACTOR shall pay BOARD two thousand five hundred dollars ($2,500.00) for each calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for fmal payment. These amounts are not penalties but are liquidated damages to the BOARD for its inability to obtain full beneficial occupancy of the Project. Liquidated damages are hereby fIxed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the BOARD as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. "1 3.3 The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 1 Addendum No. 1 0:4645-01018:07-18-07 A-2 SCRWT&DB DEEP INJECTION WELL SYSTEM 3.4 the BOARD is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as the BOARD may, in its sole discretion, deem just and reasonable. [Remainder of this page left blank intentionally] O:4645-010IB:07-1B-07 A-3 SCRWT&DB DEEP INJECTION WELL SYSTEM SCHEDULE OF BID PRICES DEEP INJECTION WELL SYSTEM BID ITEM NO. QUANITY DESCRIPTION TOTAL Lump sum PART 1 - For the construction of one deep injection well complete with all appurtenances and testing for the lump sum price of Four Million Nine Hundred Ninety Six Thousand Five Hundred Eighty Four Dollars and Zero Cents $4.996.584.00 Adiustment Values (To establish unit prices) 1.01 200 feet For drilling nominal 58-inch borehole $ I DO/foot 1.02 200 feet For furnishing and installing 50-inch conductor casing $ 200/foot 1.03 840 feet For drilling nominal 50-inch borehole to 1,000 feet bpI $ 125/foot 1.04 1,000 feet For furnishing and installing 42-inch surface casing $ 125/foot 1.05 1,030 feet For drilling 12 ;4-inch pilot hole to 2,030 feet bpI $ 100/foot 1.06 1 ,000 feet For drilling nomina142-inch borehole to 2,000 feet bpI $ 125/foot 1.07 2,000 feet For furnishing and installing 34-inch intermediate casing $ 100/foot 1.08 1,000 feet For drilling 12 ;4-inch pilot hole to 3,000 feet bpI $ 100/foot 1.09 1.000 feet For drilling nominal 34-inch borehole to 3,000 feet bpI $ 90/foot 1.10 3,000 feet For furnishing and installing 24-inch intermediate casing $ 1 80/foot 1.11 500 feet For drilling nominal 24-inch borehole to 3,500 feet bpI $ lOa/foot O:4645-010IB:07-18-07 A-4 SCRWT&DB DEEP INJECTION WELL SYSTEM 0:4645-01018:07-18-07 A-5 SCRWT&DB DEEP INJECTION WELL SYSTEM 2.09 500 hours For standby time $ 1.00lhour 3 PART 3 - Contingency allowance for additional work associated with the Deep Injection Well System as Lump sum directed by the Bo.ARD complete and iIl place for the lump sum price of One hundred thousand Dollars and Zero Cents. $ 100.000.00 The BOARD reserves the right to waive any informality in any bid, and to reject to reject any and all bids for any reason whatsoever that BOARD may deem necessary for its best interest.. TOTAL BASE BID PRICE FOR PROPOSAL (ITEMS 1 THROUGH 3): $ 6.297,384.00 (FIGURES) Six Million Two Hundred Ninety Seven Thousand Three Hundred Eighty Four Dollars and Zero Cents (TOTAL WRITTEN DOLLAR AMOUNT) Article 4. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by CONSULTANT as provided in the General Conditions. 4.1 Progress Payments. The BOARD shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by CONSULTANT, on or about the first day of each month during construction as provided in the Contract Documents. CONTRACTOR may make Application for Payment for work completed during the Project at intervals of not more than once a month. CONTRACTOR's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such other information and supporting evidence as may be required by CONSULTANT. CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to CONSULTANT. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Paragraph 2.6.3 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. In addition, the CONTRACTOR shall submit with each Application for Payment the executed Warranty (For Periodic Progress Payments). 4.1.1 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of the Work completed, but, in each case, less the aggregate of payments previously made and less such amounts as O:4645-010IB:07-18-07 A-6 SCRWT&DB DEEP INJECTION WELL SYSTEM CONSULTANT shall determine, or the BOARD shall determine, that the BOARD may withhold, in accordance with paragraph 14.7 of the General Conditions or other provisions of the Contract Documents. Any interest earned on the retainage shall accrue to the benefit of the BOARD. 4.1.2. Prior to Substantial Completion, progress payments for materials and equipment not incorporated in the Work but delivered and suitably stored and accompanied by documentation satisfactory to the BOARD, as provided in paragraph 14.2 of the General Conditions, will be made in an amount equal to 90% as established by the schedule of values. Any interest earned on the retainage shall accrue to the benefit of the BOARD. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, the BOARD shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in said paragraph 14.13. 4.3 The parties agree that to the extent that Florida Statute 218.70 is applicable all payments made to the CONTRACTOR, whether Partial or Final, shall be in accordance with Florida Statute ~218. 70 et seq. addressing payment, retain age and punchlist procedures for the performance of public works projects. Article 5. (Not Used) Article 6. THE CONTRACTOR MAKES THE FOLLOWING REPRESENTATIONS AND ADDITIONAL AGREEMENTS WHICH SHALL CONTROL OVER ANY CONTRARY PROVISIONS OF THE CONTRACT DOCUMENTS. In order to induce the BOARD to enter into this transaction the CONTRACTOR makes the following representations and additional agreements which shall control over any contrary provisions of the Contract Documents: 6.1 CONTRACTOR has visited, studied and analyzed the Site and contiguous areas and familiarized itself with the nature and extent of the Work, the Contract Documents, the Site and contiguous areas (including but not limited to surface and subsurface conditions, surface and subsurface structures, possible concealed conditions, possible unforeseen conditions, and Underground Facilities), the locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. CONTRACTOR has performed and is relying solely upon its own independent observations, examinations, investigations, explorations, tests, reports and studies as to all such matters and to determine the nature and extent thereof. The time available to CONTRACTOR has been adequate for CONTRACTOR to do its own independent observations, examinations, investigations, explorations, tests, reports and studies as to all such matters and to determine the nature and extent of thereof and CONTRACTOR agrees that CONTRACTOR shall have the absolute and unqualified obligation to perform and complete the Work in accordance with 0:4645-01 OIB:07-18-O 7 A-7 SCRWT&DB DEEP INJECTION WELL SYSTEM the Contract Documents without increase in the Contract Price or Contract Times regardless of the surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions, and Underground Facilities which may be encountered. 6.2 Neither the BOARD or CONSULTANT have made any representations to the CONTRACTOR as to conditions at the Site or contiguous areas including but not limited to surface or subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions, Underground Facilities or Hazardous Environmental Conditions. CONTRACTOR is relying solely upon its own independent observations, examinations, investigations, explorations, tests, reports and studies as to all such matters and to determine the nature and extent thereof. 6.3 The CONTRACTOR expressly assumes the risk as to all conditions at the Site and contiguous areas including but not limited to those relating to surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions and Underground Facilities and shall perform and complete the Work in accordance with the Contract Documents with no increase in the Contract Price or Contract Times regardless of the surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions and Underground Facilities that are encountered and, regardless of whether they are: (i) foreseen, (ii) unforeseen, (iii) concealed (iv) reasonably anticipated or not, (v) materially different from those ordinarily encountered and generally recognized as inherent in the work of the character being provided under the Contract Documents (vi) different from what is indicated, reflected or referred to in the Contract Documents (vii) are known by BOARD or CONSULTANT but have not been disclosed to CONTRACTOR or (viii) different from what is indicated, reflected or referred to in any of CONTRACTOR's observations, examinations, investigations, explorations, tests, reports and studies or other information available to CONTRACTOR. CONTRACTOR is relying solely upon its own independent observations, examinations, investigations, explorations, tests, reports and studies. Failure of CONTRACTOR to become fully acquainted with all physical conditions of the Site and contiguous areas including but not limited to surface and subsurface conditions, concealed conditions, unforeseen conditions, surface and subsurface structures, Underground Facilities shall not relieve CONTRACTOR of CONTRACTOR'S absolute and unqualified obligation to perform and complete the Work in accordance with the Contract Documents with no increase in the Contract Price or Contract Times regardless of what the CONTRACTOR may encounter. 6.4 If the conditions at the Site or contiguous areas encountered by CONTRACTOR including but not limited to those related to surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions, or Underground Facilities are different than what may be indicated, reflected or 0:4645-01018:07-18-07 A-8 SCRWT&DB DEEP INJECTION WELL SYSTEM referred to in any of the Contract Documents the CONTRACTOR shall nonetheless be obligated to perform and complete the Work in accordance with the Contract Documents with no increase in the Contract Price or Contract Times. CONTRACTOR is relying solely upon its own independent observations, examinations, investigations, explorations, tests, reports and studies regarding all such matters. 6.5 Neither the BOARD or CONSULTANT shall have any obligation or duty (CONTRACTOR hereby waives any such obligation or duty) to disclose to CONTRACTOR any knowledge they may have regarding conditions at the Site or contiguous areas including but not limited to those related to surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions, and Underground Facilities. The CONTRACTOR is relying solely upon its own independent observations, examinations, investigations, explorations, tests, reports and studies to determine and satisfy itself with regard to all conditions at the Site and contiguous areas including but not limited to those related to surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions, and Underground Facilities. 6.6 CONTRACTOR has correlated the information known to CONTRACTOR and the results of all such CONTRACTOR observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Drawings and Contract Documents and CONTRACTOR accepts the Drawings and Contract Documents and approves the adequacy thereof for the CONTRACTOR to perform and complete the Work in accordance with the Drawings and Contract Documents with no increase in the Contract Price or Contract Times. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, reports and studies are necessary. 6.7 CONTRACTOR has reviewed and approves the adequacy of all Drawings and Contract Documents and represents that they are sufficient in scope and detail to indicate and convey a clear understanding of all terms and conditions for performance of the Work in accordance with the Contract Documents with no increase in Contract Price or Contract Times. 6.8 CONTRACTOR has given written notice to the CONSULTANT of any conflicts, errors or discrepancies that he has discovered in the Contract Documents and the CONTRACTOR shall accept the written resolution thereof by CONSULTANT. The CONTRACTOR accepts and approves the adequacy of the Drawings and Contract Documents, with any such CONSULTANT resolution, to perform and complete the Work in accordance with the Contract Documents with no increase in the Contract Price or Contract Times. Furthermore, even if CONTRACTOR discovers any conflicts, errors or discrepancies in the Contract Documents in the future this shall not relieve CONTRACTOR from CONTRACTOR's absolute and 0:4645-010IB:07-18-07 A-9 SCRWT&DB DEEP INJECTION WELL SYSTEM unqualified obligation to perform and complete the Work without increase in the Contract Price or Contract Times regardless of the surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions, and Underground Facilities which may be encountered. 6.9 CONTRACTOR's absolute and unqualified obligation to complete the Work in accordance with the Contract Documents with no increase in Contract Price or Contract Times regardless of the surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions, and Underground Facilities encountered shall include the obligation of CONTRACTOR to complete the Work with such additions, deletions or revisions to the Work and Contract Documents as may be required because of such conditions, structures and Underground Facilities with no increase in the Contract Price or Contract Times. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the BOARD and CONTRACTOR concerning the Work consist of the following: 7.1. Advertisement for Bids (Pages AB-1 and AB-2). 7.2. Instructions to Bidders (pages IB-1 to IB-12 and attached EXHIBIT INS-REQ). 7.3. Proposal (Bid Form) (pages P-1 to P-25). 7.4. CONTRACTOR'S Bid (pages P-1 to P-25 with attachments). 7.5. Bid Bond (pages P-17 to P-18). 7.6. This Agreement (pages A-I to A-25). 7.7. Common Law Performance Bond (pages CLPRB-1 to CLPRB-4). 7.8. Statutory Payment Bond (pages STPYB-1 to STPYB-3). 7.9. Notice of Award (pages NA-1 to NA-3). 7.10. Notice to Proceed (page NTP-l). 7.11. Certificate of Substantial Completion (pages CSC-l and CSC-2). 7.12. Warranty (For Periodic Progress Payments) (pages WT-1). 7.13. Final Receipt-Release of Lien-Warranty (pgs. FR-l to FR-2). 0:4645-01018:07-18-07 A-10 SCRWT&DB DEEP INJECTION WELL SYSTEM 7.14. General Conditions (pages GC-l to GC-55.). 7.15. All Addenda issued prior to the opening of Bids. 7.16. V olume I entitled Contract Requirements containing all of the forms ofthe documents referred to in the following subsections of this Article 7: 7.1.,7.2.,7.3.,7.4,7.5.,7.6., 7.7., 7.8.,7.9.,7.10.,7.11.,7.12.,7.13. and 7.14. 7.17. Volume II entitled Technical Specifications containing DIVISIONS 1-17. 7.18 Volume III containing the Drawings and other requirements consisting of title sheet and sheets numbered 1 through 10, with each sheet bearing the following general title: SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD DEEP INJECTION WELL SYSTEM 7.19. Documentation submitted by CONTRACTOR prior to Notice of Award (N/A). 7.20. The following which may be delivered or issued after the Effective Date of this Agreement and are not attached hereto: All Written Amendments, Change Orders and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 ofthe General Conditions. 7.21 Attachments are the following: N/A 7.22 All of the documents listed in this Article 7 above constitute the "Contract Documents". There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.4 and 3.5 of the General Conditions. Article 8 INDEMNITY This Agreement includes consideration for the indemnification provision contained in Section 6.30 of the General Conditions which is incorporated herein, and made a part hereof, as if fully set forth herein. Article 9. REIMBURSEMENT OF CONSULTANT EXPENSES Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the BOARD for all expenses of CONSULTING and inspection incurred by the BOARD during the period between said specified or adjusted time and the actual 0:4645-010IB:07-18-07 A-11 SCRWT&DB DEEP INJECTION WELL SYSTEM date of final completion. All such expenses for CONSULTING and inspection incurred by the BOARD will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses are further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 10. MISCELLANEOUS: 10.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meaning indicated in the General Conditions. 10.2. Neither the Contract Documents nor any interest herein shall be assigned, transferred, or encumbered by the CONTRACTOR nor shall the BOARD be liable to any assignee or transferee or any other person, without the written consent of the BOARD, to the assignment, transfer or encumbrance which consent, the BOARD may grant or deny, in the BOARD'S sole and absolute discretion. If any such assignment, transfer or encumbrance is consented to by the BOARD, the BOARD shall not release or discharge CONTRACTOR from any obligation hereunder. In any event, the BOARD shall not approve an assignment, transfer or encumbrance unless the Surety on the Common Law Performance Bond and Statutory Payment Bond has informed the BOARD in writing that it consents to the assignment, transfer or encumbrance. In addition, CONTRACTOR shall not subcontract any portion of the Work required by the Contract Docll.ments except as authorized by the Contract Documents. 10.3. The BOARD and CONTRACTOR each binds itself, its partners, its successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 10.4 CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to competently perform the duties, obligations, and services described as Work and to provide and perform such services to the BOARD's satisfaction for the agreed compensation. 10.5 The BOARD and CONTRACTOR agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. 10.6 No waiver of any provision of the Contract Documents by the BOARD shall be effective against the BOARD unless it is in writing and signed by the BOARD, and shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. BOARD's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such 0:4645-010IB:07-18-07 A-12 SCRWT&DB DEEP INJECTION WELL SYSTEM provision or modification of the Contract Documents. No waiver of any breach of any provision of the Contract Documents by the BOARD shall be effective against the BOARD unless it is in writing and signed by the BOARD and any such waiver shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents. 10.7 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 10.8 CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the BOARD. This Contract shall not constitute or make the parties a partnership or joint venture. 10.9 Neither CONTR...^.CTOR Bor the BO"^~W intead to direetly or sl:lBstantially 13eaefit a third party by this CeHtFaet. Therefere, tHe parties agree tHat there are no third party beaefieiaries to this CElBtra6t and tHat BO third party shall be entitled to assort a 61mB'! against either ofiliem basod UpOB t1:tis CcmtFaet. "10.9 Except as set forth in paragraph 6.30 of the General Conditions, neither CONTRACTOR nor the BOARD intend to directly or substantially benefit a third party. Except as set forth in paragraph 6.30 of the General Conditions, there are no third party beneficiaries to this Contract and no third party shall be entitled to assert a claim against either of them based upon this Contract.,,1 10.10 The BOARD is a subdivision as defined in Chapter 768.28, Florida Statutes. Nothing in the Contract Documents is intended to serve nor shall it serve as a waiver of sovereign immunity by the BOARD. 10.11 In the event any term or provision of the Contract Documents shall be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed or deleted as such authority determines, and the remainder of the Contract Documents shall be construed to be in full force and effect. 10.12 Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by Federal Express or similar overnight delivery service or by hand- delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The 1 Addenduln No. 1 O:4645-010IB:07-18..(J7 A-13 SCRWT&DB DEEP INJECTION WELL SYSTEM place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate addresses for notice as are set forth on the signature page of this Agreement. 10.13 By entering into this Contract, CONTRACTOR and BOARD hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR, shall specifically bind all Subcontractors to the provisions of this Contract. 10.14 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 10.15 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which, taken together, shall be deemed to constitute one agreement. 10.1 (j CONTR.^~CTOR agrees that if the funds being paid to CONTR.^~CTOR in whole 0: in part f'0r the 'Nork Uflder tbis .^~greem6nt at any time v:hile this .'\.greement is in effeet Me from regional (sueh as but not limited to South Florida ',Vater Management District), State or Federal. governmental or quasi governmental ageneies tHe CONTR. '\.CTOR shall eomply ',yith all llf':/s, rules and requirements of such funding ageneies and to the m{tent required by s1:1eh agencies shall like\vise require all Subeontractors (and subeontraetors as defined by such ageneies) to cOlIlf'ly. In addition and not ifI. limitation of the foregoing, the CONTR.'\.CTOR is advised tRat the BO/.....W has applies for ful'laing to the 80:2t1: Florida Water Management Distriet ("SFVlMD") pursuant to the SF\V14D' s .^Jtemative Water Supply Funding Program. The CONTR.\CTOR shall comply (and require Subeol'ltraotors 8:fld suboontraotors as defil'led by such agenoies to comply) '.'lith all requirefflents of the SF'NMD's .^Jtemative Water Supply Funding Program. The CONTR.^~CTOR shall not (nor alIa':.' any Subcontractor or suboontraotor as defined by sueR C%gooeies) to take or omit to take any aotion that ...'ould cause the B01\RD to lose or oe ineligible for sueh regional, State or Federal funding ineluding but not limited to SF\VMD's ;\.lternative 'Nuter Supply Funding. Furthefffiore, CONTR.'\.CTOR agrees tEl exeeute amendments to tho Contraet Documents v:itllin 7 days of '",Fitten request by the BO/l.....W and roquire Subeontraetors (and subeontraetors as defined by sueh ageneies) to promptly execute aRd deliver to CONTR.^~CTOR am.el'laments to subeoHtFacts (and deli'.'or them to BO.^~ if requested by BO.\RD) '.vmeh amendments may be required in order fDr the Contract Doeuments (and saeoontraots) to be in oomplianee \':ith "..~t., +'..,~..tiR5 ages"''' ~M:a;- --..- ,......~....T'T'n.. GTGR's ~eFfeffHEl:H6e ie Fe9:efEl te "'__.1....1. .LW"'~ -.J "'-"1 .a..L_......L.&""'.I..L~u. ,-,Vl~l1\.....;..... '" :;:, O:4645-010IB:07-18-07 A-14 SCRWT&DB DEEP INJECTION WELL SYSTEM all requirements of tms PlH'agraph and any required afFleRamoots shall be without increa.se in the Contract Priee or Contraet Times. CONTR..^...CTOR agrees that its obligations under tms f>lH'agraph shall be in addition to, and Bot in limitation of, CONTR..^~CTOR's other ebligations ooaer the Ccmtraet Doeuments (in eluding but not limited to ,:\.rtiele 6 hereof). "10.16 Notwithstanding anything in the Contract Documents to the contrary the following provisions of this paragraph shall apply: The CONTRACTOR agrees that CONTRACTOR shall comply with all laws, rules and grant funding requirements of all Agencies that have or will be providing any grant funding to the BOARD related in any way to the Work and CONTRACTOR shall require all Subcontractors (and subcontractors as dermed by such Agencies) to comply with all such laws, rules and requirements. The term "Agencies" for purposes of this paragraph shall mean any and all governments and quasi governments and shall include but not limited to local, regional (such as but not limited to South Florida Water Management District), State and Federal governments and quasi governments and all agencies and instrumentalities thereof. After notice from BOARD of potential or actual grant funding the CONTRACTOR shall not take or omit to take any action, nor allow any Subcontractor or subcontractor as dermed by any such Agencies to take or omit to take any action that would cause the BOARD to lose or be ineligible for funding or cause the BOARD to be in violation of any of the requirements for such funding. CONTRACTOR shall, and shall cause Subcontractors and subcontractors as dermed by the Agencies, to immediately remedy any deficiency or violation found by the BOARD upon notice of such from the BOARD. CONTRACTOR agrees that the Contract Documents may be amended by the BOARD upon notice to the CONTRACTOR without further act of the parties, to conform to all laws, regulations and requirements pertaining to any grant funding and such amendments shall be binding upon CONTRACTOR. Alternatively, the BOARD may request CONTRACTOR to execute such amendments and CONTRACTOR shall do so and deliver them to the BOARD within 7 days of BOARD's written request. CONTRACTOR shall also require of all Subcontractors (and subcontractors as dermed by the funding Agencies) that their subcontracts be amended to conform to all laws, regulations and requirements pertaining to any grant funding and CONTRACTOR within 10 days of BOARD's written request shall deliver to BOARD the amended subcontracts. In addition to the other requirements of the Contract Documents pertaining to records and access thereto, the CONTRACTOR shall maintain and retain its records and allow access thereto (by the BOARD and all other required Agencies and parties) and similarly require each Subcontractor (and subcontractors as dermed by such Agencies) to maintain and retain and allow access to their records (by the BOARD and all other required Agencies and parties) in compliance with the requirements of the Florida Single Audit Act, the Federal Single Audit O:4645-01OIB:07 -1B-07 A-15 SCRWT&DB DEEP INJECTION WELL SYSTEM Act, OMB Circular 133 and in compliance all other laws, rules and requirements pertaining to any grant funding. CONTRACTOR shall deliver to the BOARD within 7 days of BOARD's written request all documents, data, records, certifications, reports and other information required by any of the Agencies or required by the BOARD for the BOARD to be able to comply with requirements of the funding Agencies. CONTRACTOR is hereby notified: (i) that the BOARD has applied for and been approved for a grant pursuant to Florida Statute 216.052 to be administered by the Florida Department of Environmental Protection and (ii) BOARD reserves the right to apply for other grants. To the extent required in order for the BOARD to be in compliance with all grant funding requirements, CONTRACTOR's obligations under the above provisions of this paragraph shall survive any expiration or termination of this Agreement (regardless of who terminates and the reason therefor). In addition to the above, and all other rights of the BOARD under the Contract Documents to have access to or audit of CONTRACTOR's records, CONTRACTOR agrees that whenever the BOARD requests, CONTRACTOR shall allow the BOARD (including any parties BOARD may designate) at any time, during normal business hours, access to CONTRACTOR's fmancial and non fmancial records including but not limited to the BOARD having the right to conduct on site visits, plant visits and audits and the BOARD shall be entitled to retain copies of all records, documents, reports, data and other information related in any way to the Work. In addition, CONTRACTOR shall deliver to the BOARD within 7 days of BOARD's written request all documents, data, records, certifications, reports and other information related in any way to the Work. The foregoing two sentences shall survive any expiration or termination of this Agreement (regardless of who terminates and the reason therefor). CONTRACTOR's performance in regard to the requirements of this Paragraph shall be without increase in the Contract Price or Contract Times. ,,1 10.17 CONTRACTOR shall comply with all provisions of Federal, State and local laws and regulations in regard to the performance of the Work. In addition and without limiting the foregoing, the CONTRACTOR is required to and shall comply with the provisions of subsection 255.20(3) Florida Statutes regarding lumber, timber and forest products to be utilized in performing the Wark. [Remainder of this page left blank intentionally] 1 ...1\ddendum ~~o. I 0:4645-010IB:07-18-07 A-16 SCRWT&DB DEEP INJECTION WELL SYSTEM Agreement-Signature page for BOARD IN WITNESS WHEREOF, the BOARD has caused this signature page bearing its signature to be inserted into this Agreement. The effective date of this Agreement shall be a date after which: (i) the BOARD has inserted its signed signature page into this Agreement, and (ii) the BOARD's attorney has signed the BOARD's signature page approving the Agreement as to form, both of which, will not occur until after the CONTRACTOR has executed the Agreement and complied with the Notice of Award. BOARD and CONTRACTOR agree and authorize the BOARD's attorney to insert (or have inserted at his direction) an effective date into this Agreement (which shall also be the date of agreement) which shall be the date the BOARD's attorney signs the BOARD's signature page approving the Agreement as to form (which shall not occur until the BOARD is prepared to deliver the signed Agreement to the CONTRACTOR). The effective date of this Agreement is :_ SOUTH CENTRAL REGIONAL W ASTEW A TER TREATMENT AND DISPOSAL BOARD By:I~Yr/ Chal Jerry Tavlor. Mavor (Type or Print) ~ ' AttesL- \ ~/r'(' P' ,t"bbore;J Clerk of outh Central RegIOnal Wastewater Treatment and Disposal Board Review and approved as to form (Board Attorney). Address for giving notice to the BOARD South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Avenue Delray Beach, Florida 33445 0:4645-010IB:07-18-07 A-17 SCRWT&DB DEEP INJECTION WELL SYSTEM Agreement-Signature page for CONTRACTOR IN WITNESS WHEREOF, the CONTRACTOR has caused this Agreement to be executed on the date shown in the attached acknowledgement. The effective date of this Agreement shall be a date after which: (i) the BOARD has inserted its signed signature page into this Agreement, and (ii) the BOARD's attorney has signed the BOARD's signature page approving the Agreement as to form, both of which, will not occur until after the CONTRACTOR has executed the Agreement and complied with the Notice of Award. BOARD and CONTRACTOR agree and authorize the BOARD's attorney to insert (or have inserted at his direction) an effective date into this Agreement (which shall also be the date of agreement) which shall be the date the BOARD's attorney signs the BOARD's signature page approving the Agreement as to form (which shall not occur until the BOARD is prepared to deliver the signed Agreement to the CONTRACTOR). The effective date of this Agreement is :_ CONTRACTOR: Youngquist Brothers, Inc. By: (Signature) (Type or Print) (CORPORA TE SEAL) Address for giving notices to CONTRACTOR (Type or Print Clearly) License No. Agent for service of process: (If CONTRACTOR is a corporation, limited liability company, partnership or other entity attach evidence of authority to sign.) O:4645-010IB:07-18-07 A-18 SCRWT&DB DEEP INJECTION WELL SYSTEM CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_ by (name and title of officer), of (name of corporation), formed in the state of , on behalf of the corporation. He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Affix Notary Seal 0:464S-D10IB:07-18-07 A-19 SCRWT&DB DEEP INJECTION WELL SYSTEM ACKNOWLEDGMENT IF PRINCIPAL IS AN INDNIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20_ by (name of person acknowledged), who is personally know to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed Printed or Stamped Affix Notary Seal 0:4645-010IB:07-1B-07 A-20 SCRWT&DB DEEP INJECT/ON WELL SYSTEM ACKNOWLEDGMENTIFPARTNERSH~ STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 by (insert name of acknowledging partner) of (insert name of partnership), a Partnership. He/She is (personally known to me) (or has produced identification) Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Affix Notary Seal O:4645-010IB:07-18-07 A-21 SCRWT&DB DEEP INJECTION WELL SYSTEM ACKNOWLEDGMENT IF LIMTED LIABILITY COMPANY STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by (insert name and title of the acknowledging manager or member) on behalf of (insert name of limited liability company). He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Affix Notary Seal 0:4645-010IB:07-18-07 A-22 SCRWT&DB DEEP INJECT/ON WELL SYSTEM CER TIFICA TE (if Corporation) STATE OF FLORIDA ) ) SS ) COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on 20_ the following resolution was duly passed and adopted: "RESOL VED",that , as (insert title- Pres. or Vice Pres.) of the corporation, be he/she is hereby authorized to execute the Agreement between the South Central Regional Wastewater Treatment and Disposal Board (the "Board") and this corporation which was awarded to this corporation by the Board, and that hislher execution thereof, attested by the Secretary of the corporation and whether the corporate seal is affixed or not, shall be the official act and deed of this corporation". I represent and warrant that I am the Secretary of the Corporation. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this _ day of ,20 (Secretary) STATE OF COUNTY OF The foregoing instrument was sworn to and subscribed before me this _ day of _ ,20_ by who is personally known to me or who has produced as identification. NOTARY PUBLIC STATE OF Printed Name: Commission Number: Commission Expiration Date: 0:4645-010IB:07-18-07 A-23 SCRWT&DB DEEP INJECT/ON WELL SYSTEM CERTIFICATE (if Partnership) STATE OF FLORIDA ) ) SS ) COUNTY OF I HEREBY CERTIFY that a meeting of the partners of (insert name of Partnership. a Partnership under the laws of the State of held on .20_ the following resolution was duly passed and adopted on behalf of the Partnership: "RESOLVED", that , as (partner) of the Partnership, be he/she is hereby authorized to execute the Agreement between the South Central Regional Wastewater Treatment and Disposal Board (the "Board") and this partnership which was awarded to this partnership by the Board and that his/her execution thereof shall be the official act and deed of this Partnership". I represent and warrant that I am a partner in the Partnership. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20,_. A Partner This form must be signed on behalf of the Partnership by at least one partner other than the one executing the Agreement with the BOARD. STATE OF COUNTY OF The foregoing instrument was sworn to and subscribed before me this _ day of _ ,20_ by who is personally known to me or who has produced as identification. NOTARY PUBLIC STATE OF Printed Name: Commission Number: AGREEMENT A-24 SCRWT&DB CERTIFICATE (if Limited Liability Company) STATE OF FLORIDA ) ) SS COUNTY OF ) I HEREBY CERTIFY that a meeting ofthe members of (insert name of Limited Liability Company. a Limited Liability Company under the laws of the State of held on .20_ the following resolution was duly passed and adopted on behalf of the Limited Liability Company: "RESOLVED", that (insert name), as (insert whether manager or member) of the Limited Liability Company, be he/she is hereby authorized to execute the Agreement between the South Central Regional Wastewater Treatment and Disposal Board (the "Board") and this Limited Liability Company which was awarded to this Limited Liability Company by the Board, and that his execution thereof shall be the official act and deed of this Limited Liability Company". I represent and warrant that I am a member in the Limited Liability Company. I further certify . that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20,_. A Member This form must be signed on behalf of the Limited Liability Company by at least one member other than the one executing the Agreement with the BOARD. STATE OF COUNTY OF The foregoing instrument was sworn to and subscribed before me this day of _ , 20_ by who is personally known to me or who has produced as identification. NOTARY PUBLIC STATE OF Printed Name: Commission Number: AGREEMENT A-25 SCRWT&DB RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, authorized Mr. Robert J. Hagel to execute the Contract with John J. Kirlin, Inc. for $9,912,500 on behalf of the Board to construct the Reclaimed Water System Expansion to 24 MGD when FDEP Permit becomes final. This action is to be ratified by the Cities and the amount of these expenditures is to be split SO/50 from each City's Capital Fund. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently, The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:ldocslBdMtgsIRatifsI2006-2007IBoyntonRatif 07-19-07. doc AGREEMENT THIS AGREEMENT is dated as ofthe _day of ,200_ by and between the South Central Regional Wastewater Treatment and Disposal Board hereinafter called the BOARD, and John J. Kirlin, LLC hereinafter called CONTRACTOR. BOARD and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. For the Project entitled: SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD Article 2. CONSULTANT. The Project has been designed by Hazen and Sawyer, P .C., who is hereinafter called CONSULTANT and who will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in the Contact Documents in connection with completion ofthe Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES: LIQUIDATED DAMAGES 3.1 Contractor agrees that Work as defined below will be substantially completed within the amount of calendar days noted below from the date indicated in the Notice to Proceed with final completion within 30 calendar days after the date(s) of Substantial Completion(s). Sequence of Construction Item Substantial Completion (As per identified in Section 01520 entitled (From date identified in Notice to "Maintenance of Utility Operations During Proceed) Construction If) Phase II - Two Deep Injection Well Pumps 270 days Phase IV - Start-up of all remaining facilities 345 days 0:4645-011 SAGR:07-19-07 A-1 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD Contractor accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 3.2 Liquidated Damages. The BOARD and CONTRACTOR recognize that time is of the essence of this Agreement and that the BOARD will suffer tinancialloss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The BOARD and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the BOARD one thousand dollars ($1,000.00) for each calendar day that expires after the time specified in paragraphs 3.1 for substantial completion(s) until the Work is substantially complete. After Substantial Completion(s) if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Times or any proper extension thereof granted by the BOARD, CONTRACTOR shall pay BOARD five hundred dollars ($500.00) for each calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to the BOARD for its inability to obtain full beneficial occupancy of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the BOARD as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. 3.3 The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 3.4 the BOARD is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as the BOARD may, in its sole discretion, deem just and reasonable. [Remainder of this page left blank intentionally] 0:4645-011 SAGR:07-19-07 A-2 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD SCHEDULE OF BID PRICES RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD Bid Quantity Item No. Description Total 1 Lump Sum For mobilization, demobilization, insurance and bond premiums, and miscellaneous work not covered under other Bid Items but required to complete the project in accordance with the Contract Documents for the lump sum price of Five Hundred Ninetv Three Thousand Dollars and Zero Cents $ 593.000.00 2 Lump Sum Furnish and install all labor, materials, equipment, services and incidentals for the construction of reclaimed water deep bed sand filters, modifications to the existing filter clear well to create additional chlorine contact basin capacity, an expansion of the existing filter building, installation of reclaimed water transfer pumps and piping, installation of deep injection well pumps and piping, installation of an emergency power generator, miscellaneous site improvements including civil, landscaping, mechanical, structural, architectural, instrumentation, electrical work and HVAC completed, tested and ready for operation and in accordance with the Contract Documents for the lump sump price of Nine Million Two Hundred Nineteen Thousand Five Hundred Dollars and $ Zero Cents 9.219.500.00 3 Lump Sum Contingency allowance for differing site conditions, undefined underground utilities, and additional work associated with the Reclaimed Water System Expansion to 24 MGD as directed by the BOARD complete and in place for the lump sum price of One hundred thousand Dollars and No Cents $ 100.000.00 0:4645-011 SAGR:07-19-07 A-3 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD TOTAL BASE BID PRICE FOR ITEMS 1 through 3 $9,112.500.00 Written: Nine Million One Hundred Twelve Thousand Five Hundred Zero Dollars and Cents. Article 4. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by CONSULTANT as provided in the General Conditions. 4.1 Progress Payments. The BOARD shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by CONSULTANT, on or about the first day of each month during construction as provided in the Contract Documents. CONTRACTOR may make Application for Payment for work completed during the Project at intervals of not more than once a month. CONTRACTOR's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such other information and supporting evidence as may be required by CONSULTANT. CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to CONSULTANT. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Paragraph 2.6.3 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. In addition, the CONTRACTOR shall submit with each Application for Payment the executed Warranty (For Periodic Progress Payments). 4.1.1 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of the Work completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or the BOARD shall determine, that the BOARD may withhold, in accordance with paragraph 14.7 of the General Conditions or other provisions of the Contract Documents. Any interest earned on the retainage shall accrue to the benefit of the BOARD. 4.1.2. Prior to Substantial Completion, progress payments for materials and equipment not incorporated in the Work but delivered and suitably stored and accompanied by documentation satisfactory to the BOARD. as provided in paragraph 14.2 of the General Conditions, will be made in an amount equal to 90~/o as established by the schedule of values. Any interest earned on the retainage shall accrue to the benefit of the BOARD. 0:4645-011 SAGR:07-19-07 A-4 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGO Article 5. Article 6. 6.3 4.2 Final Payment. Upon fmal completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, the BOARD shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in said paragraph 14.13. 4.3 The parties agree that to the extent that Florida Statute 218.70 is applicable all payments made to the CONTRACTOR, whether Partial or Final, shall be in accordance with Florida Statute ~218.70 et seq. addressing payment, retainage and punchlist procedures for the performance of public works projects. (Not Used) CONTRACTOR'S REPRESENTATIONS AND ADDITIONAL AGREEMENTS In order to induce the BOARD to enter into this Agreement CONTRACTOR makes the following representations and additional agreements: 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, Site and contiguous areas, the locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work at the Contract Price within the Contract Times and in accordance with the Contract Documents. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR in regard to such matters. 6.2 CONTRACTOR has obtained at his/her own expense and carefully studied, or assumes responsibility for obtaining and carefully studying explorations, examinations, investigations (including but not limited to soils), tests, reports, studies or similar information or data which pertain to the surface and subsurface conditions and surface and subsurface structures and Hazardous Environmental Conditions at the Site and contiguous areas and otherwise that in any manner may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance of the Work at the Contract Price within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. No additional examinations, investiga- tions, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. CONTRACTOR has reviewed and verified all information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. Neither the BOARD or CONSULTANT shall be responsible for the completeness or accuracy of such information or data. CONTRACTOR shall be solely responsible for locating accurately all Underground Facilities. No additional examinations, investigations, explorations, 0:4645-011 SAGR:07-19-07 A-5 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD 6.4 6.5 6.6 6.7 Article 7. tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Times and lI1 accordance with the other terms and conditions of the Contract Documents. Neither the BOARD or CONSULTANT have made any representations to the CONTRACTOR as to conditions at the Site or contiguous areas including but not limited to surface or subsurface conditions, surface and subsurface structures, Underground Facilities or Hazardous Environmental Conditions. CONTRACTOR is relying upon its own independent observations, examinations, investigations, explorations, tests, reports and studies as to all such matters. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. CONTRACTOR has given CONSULTANT written notice of all conflicts, errors or discrepancies in the Contract Documents that CONTRACTOR has discovered and the written resolution thereof by CONSULTANT is acceptable to CONTRACTOR. The Contract Documents are sufficient to indicate and convey an understanding of all terms and conditions for performance and furnishing the Work. CONTRACT DOCUMENTS The Contract Documents wr.ich comprise the entire agreement between the BOARD and CONTRACTOR concerning the Work consist of the following: 7.1. Advertisement for Bids (Pages AB-l and AB-2). 7.2. Instructions to Bidders (pages IB-I to IB-12 and attached EXHIBIT INS-REQ), 7.3. Proposal (Bid Form) (pages P-I to P-23). 7.4. CONTRACTOR'S Bid (pages P-I to P-23 with attachments). 7.5. Bid Bond (pages P-15 to P-16). 7.6. This Agreement (pages A-I to A-22). 7.7. Common Law Performance Bond (pages CLPRB-I to CLPRB-4, inclusive). 7.8. Statutory Payment Bond (pages STPYB-I to STPYB-3). 0:4645-011 SAGR:07-19-07 A-6 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD 7.9. Notice of Award (pages NA-1 to NA-3). 7.10. Notice to Proceed (page NTP-1). 7.11. Certificate of Substantial Completion (pages CSC-1 and CSC-2). 7.12. Warranty (For Periodic Progress Payments) (pages \VT-1). 7.13. Final Receipt-Release of Lien-Warranty (pgs. FR-1 to FR-2). 7.14. General Conditions (pages GC-1 to GC-57). 7.15. All Addenda issued prior to the opening of Bids. 7.16 . Volume I entitled Contract Requirements containing all of the forms of the documents referred to in the following subsections of this Article 7: 7.1.,7.2.,7.3.,7.4,7.5.,7.6., 7.7., 7.8.,7.9.,7.10.,7.11.,7.12.,7.13. and 7.14. 7.17. Volume II entitled Technical Specifications containing DIVISIONS 1-10. 7.18 Volume III entitled Technical Specifications containing DIVISIONS 11-17. 7.19 V olume IV containing the Drawings and other requirements consisting of title sheet and sheets numbered 1 through 122, with each sheet bearing the following general title: SOUTH CENTRAL REGIONAL W ASTEW ATER TREATMENT AND DISPOSAL BOARD RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD 7.20 Attachment A - Geotechnical Reports. 7.21. Documentation submitted by CONTRACTOR prior to Notice of Award (N/A). 7.22. The following which may be delivered or issued after the Effective Date of this Agreement and are not attached hereto: All Written Amendments, Change Orders and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 ofthe General Conditions. 7.23 Attachments are the following: N/A 7.24 .^Jl of the documents listed in this .:\.rtiele 7 above oonstitute the "Contract Doouments". There are no Contract Doouments other thGFl those listed abo','e in 0:4645-011 SAGR:07 -19-07 A-7 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD this ,^Jticle 7. All of the documents listed in this Article 7 above (except 7.20) constitute the "Contract Documents"'. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.4 and 3.5 of the General Conditions. Arti cle 8 INDEMNITY This Agreement includes consideration for the indemnification provision contained in Section 6.30 of the General Conditions which is incorporated herein, and made a part hereof, as if fully set forth herein. Article 9. REIMBURSEMENT OF CONSULTANT EXPENSES Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the BOARD for all expenses of CONSULTING and inspection incurred by the BOARD during the period between said specified or adjusted time and the actual date of final completion. All such expenses for CONSULTING and inspection incurred by the BOARD will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses are further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 10. MISCELLANEOUS: 10.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meaning indicated in the General Conditions. 10.2. Neither the Contract Documents nor any interest herein shall be assigned. transferred, or encumbered by the CONTRACTOR nor shall the BOARD be liable to any assignee or transferee or any other person, without the written consent of the BOARD, to the assigIhllent, transfer or encunlbrance which consent, the BOARD may grant or deny, in the BOARD'S sole and absolute discretion. If any such assignment, transfer or encumbrance is consented to by the BOARD, the BOARD shall not release or discharge CONTRACTOR from any obligation hereunder. In any event, the BOARD shall not approve an assignment, transfer or encumbrance unless the Surety on the Common Law Performance Bond and Statutory Payment Bond has informed the BOARD in writing that it consents to the assignment, transfer or encumbrance. In addition, CONTRACTOR shall not subcontract any portion of the Work required by the Contract Documents except as authorized by the Contract Documents. 10.3. The BOARD and CONTRACTOR each binds itself, its partners, its successors. assigns and legal representatives to the other party hereto, its partners, successors. 1 Addendum No. 1 0:4645-011 SAGR:07-19-07 A-8 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGO assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 10.4 CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to competently perform the duties, obligations, and services described as Work and to provide and perform such services to the BOARD's satisfaction for the agreed compensation. 10.5 The BOARD and CONTRACTOR agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. 10.6 No waiver of any provision of the Contract Documents by the BOARD shall be effective against the BOARD unless it is in writing and signed by the BOARD, and shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. BOARD's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents. No waiver of any breach of any provision of the Contract Documents by the BOARD shall be effective against the BOARD unless it is in writing and signed by the BOARD and any such waiver shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents. 10.7 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 10.8 CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the BOARD. This Contract shall not constitute or make the parties a partnership or joint venture. 10.9 Neither CONT~\CTOR nor the BO..^..RD intend to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no trnrd party beneficiaries to this Contract and taat no third party shall be entitled to assert a claim aoainst either of them based upon this Contract. 10.9 "Except as set forth in paragraph 6.30 of the General Conditions, neither CONTRACTOR nor the BOARD intends to directly or substantially benefit a third party. Except as set forth in paragraph 6.30 of the General Conditions, there are no third party beneficiaries to this Contract and no 0:4645-011 SAGR:07-19-07 A-9 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD third party shall be entitled to assert a claim against either of them based upon this Contract."1 1 0.1 0 The BOARD is a subdivision as defined in Chapter 768.28, Florida Statutes. Nothing in the Contract Documents is intended to serve nor shall it serve as a waiver of sovereign immunity by the BOARD. 10.11 In the event any term or provision of the Contract Documents shall be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed or deleted as such authority determines, and the remainder of the Contract Documents shall be construed to be in full force and effect. 10.12 Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by Federal Express or similar overnight delivery service or by hand- delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate addresses for notice as are set forth on the signature page of this Agreement. 10.13 By entering into this Contract, CONTRACTOR and BOARD hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR, shall specifically bind all Subcontractors to the provisions of this Contract. 10.14 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the paTties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements. whether oral or written. 10.15 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which, taken together, shall be deemed to constitute one agreement. 10.16 Notwithstanding anything in the Contraot Documents to the contrary, if the funds being pa-id to CONTP~\CTOR in whole or in part for the "i,Vork under this L\;reernent at any time TNhile this .\sreern.ent is in effect are from regional (such 1 Addendum No.1 0:4645-011 SAGR:07-19-07 A-10 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD as but not limited to South Florida Water Management District), State or Federal governmental or quasi governmental agencies the CONTRl\CTOR shall comply ',"lith all la'll's, rules aRd requirements of such funding agencies and to the extent required by such agencies shall likewise require all Suboontracton; (and suboontraotors as defined by suoh ageneies) to oomply. In addition and not in limitation of the foregoing, the CONTR.^"CTOR is advised that the BO"^..RD has applied for funding to the So&th Florida. Wa.ter Management District ("SF\V'MD") pUi"suant to the SF'.J,TMD's /..ltemati','e Water Supply Funding Program. The CONTR.^~CTOR shall oomply (and require Suboontraetors and suboontractors as defined by suoo ageneies to eomply) '::ith all requirements of the SF'.VM:D' s /Jternative 'Nater Supply Funding Program. The CONTR.^~CTOR shall not (nor a:llo'..v any Subeontraetor or subeo:atraetor as defined by such agencies) to take or omit to take aR)' aetion that would calise the BOI\...W to lose or be ineligible for SHoh regiona:l, State or Federal funding including but not limited to SF'.llMD's "^Jtemative ',Vater Supply Funding. Furthermore, CONTR.\CTOR agrees to eKeoote ameRc:li.:Rents to tho CORtract DOOOfIlents within 7 days of v:ritten request by the BO"\RD aRd require Suboo:atractors (and suboontraotors as defined by such agenoies) to promptly exeoute and deliver to CONTR.^.CTOR amendments to subcontraets (aRd deliver them to BO"\...W if requested by BO/.....W) ',vhich amendments may be required in order for the Contraot Doouments (and subeontraots) to be in oompliaRee '::ith such funding agenoy requirements. CONTR...^~CTOR's penormLmoe in regard to a:ll requireR'l8nts of this Paragraph and any required amendments sha:ll be ',vitho1:H inorease in the Contract Price or Contract Times. 10.16 Notwithstanding anything in the Contract Documents to the contrary the following provisions of this paragraph shall apply: The CONTRACTOR agrees that CONTRACTOR shall comply with all laws, rules and grant funding requirements of all Agencies that have or will be providing any grant funding to the BOARD related in any way to the Work and CONTRACTOR shall require all Subcontractors (and subcontractors as defmed by such Agencies) to comply with all such laws, rules and requirements. The term "Agencies" for purposes of this paragraph shall mean any and all governments and quasi governments and shall include but not limited to local, regional (such as but not limited to South Florida 'Vater Management District), State and Federal governments and quasi governments and all agencies and instrumentalities thereof. After notice from BOARD of potential or actual grant funding the CONTRACTOR shall not take or omit to take any action, nor allow any Subcontractor or subcontractor as defmed by any such Agencies to take or omit to take any action that would cause the BOARD to lose or be ineligible for funding or cause the BOARD to be in violation of any of the requirements for such funding. CONTRACTOR shall, and shall cause Subcontractors and subcontractors as def'med by the Agencies, to immediately remedy any deficiency or violation found by the BOARD upon notice of such from the 0:4645-011 SAGR:07-1 9-07 A-11 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD BOARD. CONTRACTOR agre'~s that the Contract Documents may be amended by the BOARD upon notice to the CONTRACTOR without further act of the parties, to conform to all laws, regulations and requirements pertaining to any grant funding and such amendments shall be binding upon CONTRACTOR. Alternatively, the BOARD may request CONTRACTOR to execute such amendments and CONTRACTOR shall do so and deliver them to the BOARD within 7 days of BOARD's written request. CONTRACTOR shall also require of all Subcontractors (and subcontractors as delmed by the funding Agencies) that their subcontracts be amended to conform to all laws, regulations and requirements pertaining to any grant funding and CONTRACTOR within 10 days of BOARD's written request shall deliver to BOARD the amended subcontracts. In addition to the other requirements of the Contract Documents pertaining to records and access thereto, the CONTRACTOR shall maintain and retain its records and allow access thereto (by the BOARD and all other required Agencies and parties) and similarly require each Subcontractor (and subcontractors as delmed by such Agencies) to maintain and retain and allow access to their records (by the BOARD and all other required Agencies and parties) in compliance with the requirements of the Florida Single Audit Act, the Federal Single Audit Act, OMB Circular 133 and in compliance all other laws, rules and requirements pertaining to any grant funding. CONTRACTOR shall deliver to the BOARD within 7 days of BOARD's written request all documents. data, records, certifications, reports and other information required by any of the Agencies or required by the BOARD for the BOARD to be able to comply with requirements of the funding Agencies. CONTRACTOR is hereby notified: (i) that the BOARD has or will apply for funding to the South Florida Water Management District ("SFWMD") pursuant to the SFWMD's Alternative Water Supply Funding Program (ii) that the BOARD has applied for and been approved for a grant pursuant to Florida Statute 216.052 to be administered by the Florida Department of Environmental Protection and (ill) BOARD reserves the right to apply for other grants. To the extent required in order for the BOARD to be in compliance with all grant funding requirements, CONTRACTOR's obligations under the above provisions of this paragraph shall survive any expiration or termination of this Agreement (regardless of who terminates and the reason therefore). In addition to the above, and all other rights of the BOARD under the Contract Documents to have access to or audit of CONTRACTOR's records. CONTRACTOR agrees that whenever the BOARD requests. CONTRACTOR shall allow the BOARD (including any parties BOARD may designate) at any time, during normal business hours, access to CONTRACTOR's financial and non fmancial records including but not :~~~~d Ie t!--e BOARD havl::;::; t!:!e ri2ht to conduct on site visits, plant visits and audits and the BOARD shall be entitled to rct2.i.::. :::Gpies of all records. documents, reports, data and other information related in any way to the Work. In addition, CONTRACTOR shall deliver to the BOARD within 7 0:4645-011 SAGR:07-19-07 A-12 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD days of BOARD's written request all documents, data, records, certifications, reports and other information related in any way to the Work. The foregoing two sentences shall survive any expiration or termination of this Agreement (regardless of who terminates and the reason therefore). CONTRACTOR's performance in regard to the requirements of this Paragraph shall be without increase in the Contract Price or Contract Times. "1 10.17 CONTRACTOR shall comply with all provisions of Federal, State and local laws and regulations in regard to the performance of the Work. In addition and without limiting the foregoing, the CONTRACTOR is required to and shall comply with the provisions of subsection 255.20(3) Florida Statutes regarding lumber, timber and forest products to be utilized in performing the Work. [Remainder of this page left blank intentionally] 1 Addendum No.1 0:4645-011 SAGR:07-19-07 A-13 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD AGREEMENT -SIGNATURE PAGE FOR BOARD IN WITNESS WHEREOF, the BOARD has caused this signature page bearing its signature to be inserted into this Agreement. The effective date of this Agreement shall be a date after which: (i) the BOARD has inserted its signed signature page into this Agreement, and (ii) the BOARD's attorney has signed the BOARD's signature page approving the Agreement as to form, both of which, will not occur until after the CONTRACTOR has executed the Agreement and complied with the Notice of Award. BOARD and CONTRACTOR agree and authorize the BOARD's attorney to insert (or have inserted at his direction) an effective date into this Agreement (which shall also be the date of this Agreement) which shall be the date the BOARD's attorney signs the BOARD's signature page approving the Agreement as to form (which shall not occur until the BOARD is prepared to deliver the signed Agreement to the CONTRACTOR). The effective date of this Agreement is : SOUTH CENTRAL REGIONAL WASTEWATER TREA TMENT AND DISPOSAL BOARD By JIVfi!~ {/ hairman Jerry Taylor. Mavor (Type or Print) Attest~;;r / - /J' i!.h.h [.:' A,;) Clerk of South Central Regional Wastewater Treatment and Disposal Board Review and approved as to form (Board Attorney). Address for giving notice to the BOARD South Central Regional Wastewater Treatment and Disposal Board 180 1 North Congress Avenue Delray Beach, Florida 33445 0:4645-011 SAGR:07 -19-07 A-14 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD AGREEMENT-SIGNATURE PAGE FOR CONTRACTOR IN WITNESS WHEREOF, the CONTRACTOR has caused this Agreement to be executed on the date shown in the attached acknowledgement. The effective date of this Agreement shall be a date after which: (i) the BOARD has inserted its signed signature page into this Agreement, and (ii) the BOARD's attorney has signed the BOARD's signature page approving the Agreement as to form, both of which, will not occur until after the CONTRACTOR has executed the Agreement and complied with the Notice of Award. BOARD and CONTRACTOR agree and authorize the BOARD's attorney to insert (or have inserted at his direction) an effective date into this Agreement (which shall also be the date of this Agreement) which shall be the date the BOARD's attorney signs the BOARD's signature page approving the Agreement as to form (which shall not occur until the BOARD is prepared to deliver the signed Agreement to the CONTRACTOR). The effective date of this Agreement is : John 1. Kirlin. Inc. CONTRACTOR By: (Signature) (Type or Print) (CORPORATE SEAL) Address for giving notices to CONTRACTOR (Type or Print Clearly) License No. Agent for service of process: (If CONTRACTOR is a corporation, limited liability company, partnership or other entity attach evidence of authority to sign.) 0:4645-011 SAGR:07-19-07 A-15 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_ by (name and title of officer), of (name of corporation), formed in the state of , on behalf of the corporation. He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Affix Notary Seal 0:4645-011 SAGR:07-19-07 A-16 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_ by (name of person acknowledged), who is personally know to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed Printed or Stamped Affix Notary Seal 0:4645-011 SAGR:07-1 9-07 A-17 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD ACKNOWLEDGMENT IF PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by (insert name of acknowledging partner) of (insert name of partnership), a Partnership. He/She is (personally known to me) (or has produced identification) Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Affix Notary Seal 0:4645-011 SAGR:07-19-07 A-18 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD ACKNOWLEDGMENT IF LIMTED LIABILITY COMPANY STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by (insert name and title of the acknowledging manager or member) on behalf of (insert name of limited liability company). He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Affix Notary Seal 0:4645-011 SAGR:07-19-07 A-19 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD CER TIFICA TE (if Corporation) STATE OF FLORIDA ) ) SS ) COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on 20_ the following resolution was duly passed and adopted: "RESOL VED",that , as (insert title- Pres. or Vice Pres.) of the corporation, be he/she is hereby authorized to execute the Agreement between the South Central Regional Wastewater Treatment and Disposal Board (the "Board") and this corporation which was awarded to this corporation by the Board, and that his/her execution thereof, attested by the Secretary of the corporation and whether the corporate seal is affixed or not, shall be the official act and deed of this corporation". I represent and warrant that I am the Secretary of the Corporation. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this _ day of ,20 (Secretary) STATE OF COUNTY OF The foregoing instrument was sworn to and subscribed before me this _ day of _ ,20_ by who is personally known to me or who has produced as identification. NOTARY PUBLIC STATE OF Printed Name: Commission Number: Commission Expiration Date: 0:4645-011 SAGR:07-19-07 A-20 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD CERTIFICATE (if Partnership) STATE OF FLORIDA ) ) SS ) COUNTY OF I HEREBY CERTIFY that a meeting of the partners of (insert name of Partnership, a Partnership under the laws of the State of held on .20_ the following resolution was duly passed and adopted on behalf of the Partnership: "RESOLVED", that , as (partner) of the Partnership, be he/she is hereby authorized to execute the Agreement between the South Central Regional Wastewater Treatment and Disposal Board (the "Board") and this partnership which was awarded to this partnership by the Board and that his/her execution thereof shall be the official act and deed of this Partnership". I represent and warrant that I am a partner in the Partnership. I further certify that said resolution is now in full force and effect. IN WITNESS 'WHEREOF, I have hereunto set my hand this day of 20,_. A Partner This form must be signed on behalf of the Partnership by at least one partner other than the one executing the Agreement with the BOARD. STATE OF COUNTY OF The foregoing instrument was sworn to and subscribed before me this _ day of _ ,20_ by who is personally known to me or who has produced as identification. NOTARY PUBLIC STATE OF Printed Name: Commission Number: 0:4645-011 SAGR:07-16-07 A-21 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGD CERTIFICATE (if Limited Liability Company) STATE OF FLORIDA ) ) SS COlJNTY OF ) I HEREBY CERTIFY that a meeting of the members of , a Limited Liability Company under the laws of the State of held on 20_ the following resolution was duly passed and adopted on behalf of the Limited Liability Company: "RESOLVED", that (insert name), as (insert whether manager or member) of the Limited Liability Company, be he/she is hereby authorized to execute the Agreement between the South Central Regional Wastewater Treatment and Disposal Board (the "Board") and this Limited Liability Company which was awarded to this Limited Liability Company by the Board, and that his execution thereof shall be the official act and deed of this Limited Liability Company". I represent and warrant that I am a member in the Limited Liability Company. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20,_ A Member This form must be signed on behalf of the Limited Liability Company by at least one member other than the one executing the Agreement with the BOARD. STATE OF COUNTY OF The foregoing instrument was sworn to and subscribed before me this _ day of _ , 20_ by who is personally known to me or who has produced as identification. NOTARY PUBLIC STATE OF Printed Name: Commission Number: 0:4645-011 SAGR:07-16-07 A-22 SCRWT&DB RECLAIMED WA TER SYSTEM EXPANSION TO 24 MGO CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FO~u Vl.-CONSENT AGENDA ITEM D. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2, 2007 (Noon,) 0 June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May IS, 2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) ~ August 7, 2007 July 16, 2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the PRESERVE AT BOYNTON BEACH Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). EXPLANATION: The record plat review for this project commenced on April 10, 2007, to which the second and final review was completed on June 28, 2007. Several plat preparation comments not withstanding, staff now recommends that the City Commission approve the plat as presented subject to fmal signatures by the City Engineer and Mayor. This record plat is the next step in the process of developing the former mobile home site (fka Boynton Village and The Preserve) on the west side of North Federal Highway and south of Gateway Boulevard. 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 IMPACT: Certificate of Occupancy's on proposed and existing townhomes in this proposed development will continue to be delayed until the proposed record plat (and associated documents) 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 will continue to be hindered until the issuance of the LDP. FISCAL IMP ACT: None AL TERN A TIVES: Not to approve the record plat, however that would hinder construction on the proposed development. . Jr/cC (t( It: ,)~=-- ~I\ r~ [_ 'J/tAf'o 7 Departm,nttd" rgna~ ~01 City Manager's Signature Assistant to City Manager {;M/' Public Works / Engineering Division Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC BOYNTON BEACH BLVD t i LOCATION MAP NOT TO SCALE [N ~ THIS PLAT VIII.-PUBlIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI 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 M eetin g Dates in to City Clerk's Office 0 April 17,2007 April 2, 2007 (Noon,) 0 June] 9,2007 June 4. 2007 (Noon) 0 May 1, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15, 2007 April 30,2007 (Noon) ~ July 17, 2007 July 2. 2007 (Noon) 0 June 5, 2007 May] 4, 2007 (Noon) 0 August 7, 2007 July 16.2007 (Noon) 0 Announcements/Presentati ons 0 City Manager's Report 0 0 '='~ NATURE OF Administrative New Business -'_..i AGENDA ITEM 0 0 (_ Consent Agenda Legal c: .... 0 Code Compliance & Legal Settlements 0 Un[mished Business I C..['l ~ Public Hearing 0 ~ - ~>--J ,--. _', -'r ~.' RECOMMENDATION: Please place this request on the July 17,2007 City Commission Agenda under~ublic:: Hearing indicating postponement to the August 21 st meeting. The applicant has requested further postponement irLSonn~crion with his recovery from throat surgery. The Community Redevelopment Agency Board recommended on May 8,2:.007, that: the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-03 L' EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Harbor Cay (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway, approximately 160 feet north of Gateway Boulevard Request for a one (1) year site plan time extension for Harbor Cay (NV/SP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A 4~"u" Assistant to City Manager S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC Page] of 1 Pyle, Judith From: Coale, Sherie Sent: Thursday, July 05, 2007 9:00 AM To: Breese, Ed; Rumpf, Michael; Tucker, Patricia: Pyle Judith: Prainito, Janet Subject: FW: Harbor Cay Importance: High This email request came to me on Tuesday. I do not yet see an original ----------,----,._-_._._-,------------~--,._-~-~--~._-...----.-- From: Sid E, van Rospeunt [mailto:von.rospeunt@groupotango.comJ Sent: Tuesday, July 03, 2007 11:20 AM To: Coale, Sherie Cc: Sid von Rospeunt Subject: Harbor Cay Dear Mrs. Coale: We had originally planned to have the second reading of the Development Order extension for Harbor Cay, LLC on Tuesday July 17,2007. Unfortunately, as you knew I had a difficult throat surgery 20 days ago and my recovery is very slow. I still have enormous problems speaking and \vhen, than it sounds like "Mickey Mouse" I need to have therapy for approximately a month to regain my full voice and without that I am unable to present the case to the City Commission, I therefore. kindly request to put us on the 2nd City Council Meeting in August 2007 and I am certain I \vill be able to present our case and face off the nasty neighborhoods comments. Sincerely Sid F. \on Rospcunt ('[0 C,ROUPO TANGO S.A. 7/5/2007 TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-031 Chair and Members Community Redevelopment Agency Board Michael RumPf~ Director of Planning and Zoning Kathleen Zeitler b- Planner May 1, 2007 Harbor Cay (SPTE 07-006) Site Plan Time Extension Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: PROJECT DESCRIPTION Harbor Cay, LLC Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard (see Location Map - Exhibit "A'') Special High Density Residential (SHDR) Infill Planned Unit Development (IPUD) No change proposed No change proposed Townhouses 1.429 acre To the north is developed multi-family residential property (Inlet Harbor Club), classified Recreational (R) and High Density Residential (HDR) land use and zoned Recreation (REe) and Multi-family Residential (R-3); To the south is developed commercial property (Gateway Shell), classified Local Retail Commercial (LRe) land use and zoned Community Commercial (C-3); to the southeast is developed single-family residential, classified Low Density Residential (LDR) and zoned Single-family Residential (R-l-AA); To the east is developed single-family residential, classified Low Density Residential Page 2 Harbor Cay SPTE 07-006 (LDR) and zoned Single-family Residential (R-l-AA); and West: Right-of-way for Federal Highway, then farther west is right-of-way for the Florida East Coast (FEC) railroad. BACKGROUND Mr. Sid E. von Rospeunt, managing member of Harbor Cay, LLC is requesting a one (i)-year site plan time extension for the Harbor Cay New Site Plan Development Order (NWSP 06-011), which was approved by the City Commission on May 2, 2006. The site plan approval is valid for one (1) year from the date of approval. If this requestfor a one (i)-year time extension were approved, the expiration date of this site plan, including concurrency certification, would be extended to May 2, 2008. The subject property consists of 1.429 acre zoned Infill Planned Unit Development (IPUD), located within Planning Area I of the Federal Highway Corridor Community Redevelopment Plan. According to the staff report for the approved site plan (NWSP 06-011), the proposed Harbor Cay is a redevelopment project approved for a total of 23 fee-simple town homes, recreation amenities, and related site improvements. The 23 dwelling units (at a density of 16.09 dwelling units per acre) are proposed as two (2)-bedroom units, each with a bonus room that could be used as a third bedroom. The 23 units are planned within six (6) separate buildings on the 1.429-acre site. Each three (3)-story building would contain four (4) dwelling units, with the exception of one building that proposes three (3) units. The approved site plan (see Exhibit "8'') proposes three (3) model types, ranging from 2,534 square feet to 2,599 square feet of total air-conditioned area. According to the staff report, the proposed townhouse buildings would have hints of Spanish- Mediterranean accents in the contemporary / modern design. Building accents would include cupolas, Spanish S-tile roofs, decorative banding, stone veneer, awnings, and decorative garage doors. ANAL YSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department", Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. City regulations authorize the Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on March 12, 2007, approximately seven (7) weeks prior to the expiration date of the site plan. According to the justification submitted for the requested time extension (see Exhibit "C"), the applicant details the "good faith" efforts in moving forward with the project, explaining that the project has been delayed due to the following: (1) required reconfiguration of underground utilities and subsequent civil engineering plan revisions which required re-submittal for further review and approval; (2) delay in platting due to required civil plan revisions; and (3) construction plan revisions necessary to address conditions of site plan approval. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. On March 29, 2006 the Palm Beach County Traffic Division approved the traffic study for this project and included a restriction that no building permits are to be issued for the project after the build-out year of 2009. Page 3 Harbor Cay S PTE o-r -006 The site plan time extension is still subject to the original 85 conditions of the new site plan approval. No new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as the new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005. Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site plan approval. Lastly, the applicant has failed to pay the Capacity Reservation Fee as required in original Condition of Approval #19, which was due within seven (7) days of the original site plan approval. As such, staff recommends that the applicant pay the fee amount prior to final action by the City Commission on this extension request. SUMMARY / RECOMMENDATION Staff recommends approval of this request for a one (i)-year time extension of the Harbor Cay site plan (NWSP 06-011). If this requestfor extension were approved, the expiration of this site plan would be extended to May 2, 2008. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Redevelopment Plan. The proposed Harbor Cay project will provide an opportunity for redevelopment in a highly visible corridor in the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. If this request for site plan time extension is approved, all outstanding conditions of approval from the new site plan approval must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D"). S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 07-006\Staff Report.doc ~ / / I j ! ! / LOCATION MAP Harbor Cay Exhibit "A" PUD ; I i ~ LJJ3 .. < :. I I "1:- ::E. ::r: D - ::r: I ~ . t:1:4 .0 I ~... .... I I I I I R11-~ I I Potter Road . a).' ~.~( ~J -=j ~I ~I REC R-3 GATEWAY BLVD CJ 1 I ; <' I - ) // .~// I I' \ O. ' ~~ ! I . R-3 C-2 \00 ~D D (J r-J 1/ ~: '..' ~ .0' " g;, :;"-~' I .,-; ) . IPUD REC N W+E S 200 100 0 , 200 400 600 800 , Feet I!i ~I :1 ;~i'" e.:. ~ " "1" ~~ o ."..... "II g 0 ,~.~'& ..: ~~~~ ~I= = ~,~, ~ ~ 1",.'1 ';;; ; ~",,,, -!B .".,,,, q ..' 1.;16 I _!l ~.~. ,- ~hl ~. ~~ !hl 3n~ ) ~-. ~Bm ~il-' 1 = ~~i :iili ~~ "It .~.:-:.:... ~Ia j ~~ -1= I""'" III I' ~ ~~:.~~~ z . o . ~ ~~~. ; ~ ~~ e ':~~'~" J f'" ,:",)' ~f ~ 'I~ = L~~~ ~" 1'''''''1 1.. ----....~ I : i g' ~'~r J~ ~I,I I I- I I ; i I I~ I~ :~, :! ~@ jf . ,~\:~ I~ '~~I ~ '.': ~:'.~..~ ;:5 &~~~ L! 'ii~ ;:$;,' I . :IF ,:::,":' '~I'{ ""'~~'.; .... ~.~ ~ :.'.,.,., - 1~ ~~\~~ ~ . '0 i>'~~'~ i ~ i .:~~(t~; - t€\ ] ""'''.. " \&1 I "... 1:.. ~ II~II ' liS I~ I;' I \~ ,:::::~, ~., FLORIDA E ' - AST COAST U '. - - ~/LROAD ,S, HIGHWAY NO, 1 1-_- J / /[/ 'II 'I! J , .. --- =-=---- -. ~--:- J fi '. f=l .. -.-=-:-- - . , '. - - ~-.:-- o. /, " - -.:....- - ~---- '.. -~. 11 j'-,.11---- , , , I I: I: I: I: I, I' E , I' , ~ I: ~~ I' , I~~ I: fi" I! , , ; ~ , I' , E J ,"w , , "!!l , ]!t , j \- .=::::;, "'\ . ~!! 7 ii1 El . .. " r-' ~: z; I !I i P .1 ~ I' ~ r i d! , ...."DW'E.1lIla J~ 51 W I W ~ !f~ ',- UI.lIO ~ i . !~~U~Enlil~ ~;;W[WWifFn ~ ~.i"'~~uu.,,~,.,,~U u ~18iP , ~~ i~~flHlif~~ntihIHn UiI 'iQnlununqnu~~~ U Ii ~! im=i!mHH[~iUi pu IU!I ;UIII11 !'q; ~ I :~~ h !r"mmmmJ iih qU !I I JIB I II; - IlIlmm ~~ !.fl~lif't~rHI 2. ~ ! ~. i " ~ i ;Iili <;i~ ~rl!l'rr.~'i!a q I i ,i, ~ : -- u i!fmmnfffJ~ i!l' · Ii,,, I",,,., ,. i , : ~ ~ "il ,. t.Fn"" - ~ I · .., ........ .... ; a ,. ~ !~ P'l I" if m · = H = n = .. =. = = = . I ; I i BUEHl aH i II -~~la.~E I . : ;g i .! i , ; Ii : : i; Ii, t ~ ~ II ! ;;;;;;;; i.i. gE .. 'Ir- ~ .0 III C'l = 1= . - o z ~ I I" .. e ~~ HARBOR CAY TO""NHOUSES 600 LAKESIDE HARBOUR Boynton _ell, Florida I R KB 1-..... .. __.........,...mu.... ...~... K............DOI pWvUng ~FAI."'1IM4B ~--Ivn C77~~ ~ t \O)~ ; in' 1\JU .., 2 ?001 LAl 110/ ' : 1 '" i L....-- I PLtlNNING "NO ZONING DcP, March 9, 2007 Board of Commissioners The City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Re: Development Order Extension Gentlemen: Please accept oUI request for an extension of twelve months for Boynton Beach Resolution 06-097, a Development Order for Harbor Cay Town Homes; an IPUD located within a few hundred feet North of Gateway Boulevard on Federal Highway going towards the Intracoastal Waterway. Due to various delays in obtaining approval for the undergrormd uUlities, only recently resubmitted after substantial prior oonsultation along with the expectation of further comments requiring additional reoorrfiguration and another round of resubmission, and the sequential nature of the process whereby the plat cannot be delineated until the civil engineering is approvecL and in light of the e.xtensive Conditions of Approval that must be addressed; it is not likely that a oonstruction permit will be secured before the Development Order expires on May 2nd of 2007. Thank you, in advance, for your time and consideration. We trust that the Board of Commissioners shall look upon our petition with kindness and generousity. ~. Sid Rvon Ro unt Chief Executive Officer AmerCan Development Corp. The M;m~ging Member for Harbor Cay, ILC Harbor Cay, LLe 605 Lakeside Harbor Drive, Boynton Beach, Florida 33435, Tel: 561-734-3000 Fax: 561-724-3005 www.harborca..y.com EXHIBIT "D" Conditions of Approval Project name: Harbor Cay File number: SPTE 07 -006 Reference: I DEPARTMENTS I nUUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X I ENGINEERING DIVISION Comments: None I X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: Conditions of Approval Harbor Cay SPTE 07-006 Paze 2 - I DEP ARTMENTS I INCLUDE I REJECT I 1. Tbe site plan time extension shall be subject to all previous Conditions of X , Approval. ') The Applicant shall pay tbe Capacity Reservation Fee amount due to the City X prior to final action by the City Commission on this Site Plan Extension I request. ADDITIONAL COMMUNITY REDEVELOPMENT I AGENCY BOARD CONDITIONS Comments: None X I ADDITIONAL CITY COMMISSION CONDITIONS I I I Comments: I I I To be determined. I I II S :\PlanningISHARED\\VP\PROJECTS\Harbor Cay\SPTEICO A. doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Harbor Cay APPLICANT'S AGENT: Mr. Sid E. von Rospeunt, Harbor Cay, llC APPLICANT'S ADDRESS: 605 lakeside Harbor Drive, Boynton Beach, Fl 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 5, 2007 postponed and heard on July 17, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from May 2, 2007 until May 2, 2008, for 23 proposed townhouses on a 1.429-acre parcel in the IPUD zoning district. lOCATION OF PROPERTY: East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's land Development Regulations. 2. The Applicant HAS HAS t'-JOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 07 -006\DO.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl VIII.-PUBLIC HEARING ITEM B. . Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 April 17,2007 April 2,2007 (Noon.) 0 June 19,2007 0 May 1,2007 April 16,2007 (Noon) 0 July 3, 2007 0 May 15,2007 April 30,2007 (Noon) 0 .July 17, 2007 0 .June 5, 2007 May 14, 2007 (Noon) ~ August 7, 2007 Date Final Form Must be Turned in to City Clerk's Office .June 4, 2007 (Noon) June 18, 2007 (Noon) ~-:: July 2, 2007 (Noon) C..:' '--;--! July 16, 2007 (Noon) . c NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative o Consent Agenda o Codc Compliance & Legal Settlements ~ Public Hearing o o ~ o o City Manager's Report New Business Legal Unfinished Business RECOMMENDATION: Please place this request on the August 7,2007 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board on July 10, 2007, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-064. EXPLANATION: PROJECT: AGENT: LOCATION: DESCRIPTION: Alley between NE 7th Avenue I NE 8th Avenue (ABAN 07-003) City-initiated Alley between NE ih Avenue and NE 8th Avenue, east of Federal Highway th th Request for abandonment of an alley between NE 7 A venue and NE 8 A venue, along the boundary of the Lake Addition and Boynton Place Subdivisions. PROGRAM IMPACT: N/A FISCAL IMP ACT: NI A ALTERNATIVES: I ~ Develop City Manager's Signature Assistant to City Manager 0w'C./ (/{j C I ~ Planning and Z~ Director City Attorney I Finance S:\Planning\SHARED\WP\PRO.JECTS\NE 7th Ave & NE 8th Ave ABAN\Agenda Item Request NE 7th Ave, NE 8th Ave 8-7-07.doc S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. 07- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF AN EXISTING ALLEY LOCATED EAST OF FEDERAL HIGH'VAY BETWEEN NORTHEAST 7TH AVENUE AND NORTHEAST 8TH AVENUE, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, 'WHICH SHALL BE RECORDED WITH THIS ORDI~ANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, staff is requesting that the City abandon an alley between Northeast th Avenue and Northeast 8th Avenue, along the boundary of the Lake Addition and Boynton Place Subdivisions, subject to staff comments; and I I I, WHEREAS, comments have been solicited from the appropriate City Departments, andl public hearings have been held before the City's Community Redevelopment Agency. and thel City Commission on the proposed abandonment; and I \VHEREAS, staff finds that the alley no longer serves a public purpose. and the ( Commission adopts that finding. II II NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFI THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated! herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby! abandon an alley between Northeast th A venue and Northeast 8th A venue. East of Federall Highway, along the boundary of the Lake Addition and Boynton Place Subdivisions, subject tOI staff comments. The propeliy being abandoned is more particularly described as follmvs: ! That 7.5 foot strip of land as shown on the north side of Lots I and 3 through 22, in Block 1. according to the Plat of Boynton Place, as recorded in Plat Book 11, Page 40, Public Records of Palm Beach County, Florida And That 6.3 foot strip of land as shown on the south side of Lots 3 through 22, in Block 5, according to the Plat of Lake Addition to Boynton Florida, as recorded in Plat Book 11, Page 71, Public Records of Palm Beach County, s:\C \ rdlnances\Abandonments\NE 7tr, and 8th Ave Aliey.do: 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 Florida. Subject to said property being designated as a utility easement for those franchised utility services operating within this strip of land. NOTE: The property abandonment shall be divided according to the common plat line that created each "half' of the property. A location map is attached hereto as Exhibit "A." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this _ day of ,2007. SECOND, FINAL READING AND PASSAGE THIS _day of 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) s:\C \ rdlnanceslAbandonments\NE 7th and 8th Ave Alley.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon an alley between Northeast th A venue and Northeast 8th Avenue, East of Federal Highway, along the boundary of the Lake Addition and Boynton Place Subdivisions, subject to staff comments. The property being abandoned is more particularly described as follows: That 7.5 foot strip of land as shown on the north side of Lots I and 3 through 22, in Block I, according to the Plat of Boynton Place, as recorded in Plat Book 11, Page 40, Public Records of Palm Beach County, Florida And That 6.3 foot strip of land as shown on the south side of Lots 3 through 22, in Block 5, according to the Plat of Lake Addition to Boynton Florida, as recorded in Plat Book 11, Page 71, Public Records of Palm Beach County, Florida. Subject to said property being designated as a utility easement for those franchised utility services operating within this strip of land. NOTE: The property abandonment shall be divided according to the common plat line that created each "half' of the property. IN WITNESS 'VHEREOF~ the duly authorized officers of the City of Boynton Beach. Florida, have hereunto set their hands and affixed the seal of the City this ___ day of ,2007. ATTEST: CITY OF BOYNTON BEACH, FLORID.L\ Janet M. Prainito, CMC City Clerk Kurt Bressner, City Manager S:\CA\OrOlnances\Abandonments\NE 7tn and 8tn Ave Alley.doc ST A TE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this ,2007. day of NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\OrdlnanceslAbandonments\NE 7th and 8th Ave Alley.doc TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-064 Chair and Members Community Redevelo~~t Agency Board Michael W. RumpflpV Planning and Zo~in~~ector Kathleen Zeitle;~,( Planner July 3, 2007 City-Initiated Abandonment of Alley between NE 7th Avenue and NE 8th Avenue, East of Federal Highway (ABAN 07-003) NATURE OF REOUEST Mr. H. David Kelley, Jr., Assistant Director of Public Works and City Engineer, as agent for the property owner (City of Boynton Beach), is requesting an abandonment of an existing alley located east of Federal Highway between NE 7th Avenue and NE 8th Avenue. The subject property is described as an unimproved alley located north of lots fronting on NE 7th Avenue rnolocl.r 1 Br"'nton Place' and south of lots f~on~l'nr on f"t:- 8th t",~~..~ 1Blo,.,l, t:" I ~l,~ ^...:...::.;.:~~\ ...,...L.._ _..L..'__'- \" r, J., vy ) I I L ~ I '/ MVCI IUC \. I L.'" J, L.Cl"'C /"\UUILIUII). I lit:: ::'UUJt::l.L alley extends eastward from a 20-foot wide alley parallel with Federal Highway, to NE 7th Street (see Location Map - Exhibit "A"). This alley is represented by a 7.S-foot wide strip of land at the boundary of the plat of Boynton Place, and a 5.3-foot wide strip of land at the boundary of the plat of Lake Addition. Together the 13.S-foot wide strip was intended to be an alley right-of-way but was never improved or used as an alley. Utilities exist upon the subject property which, in conjunction with the abandonment, would become a dedicated utility easement. The following is a description of the zoning districts and land uses of the properties that surround the subject property to be abandoned: North - South - East West - Lots 2 - 18 of Block 5, Lake Addition consisting of a single-family residential subdivision designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A) and Lots 19 - 22 of Block 5, Lake Addition consisting of multi-family residential (Seven J's Motel) designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A); Lots 1 - 22 of Block 1, Boynton Place consisting of a single-family residential subdivision designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A); Right-of-way for NE 7th Street, and farther east, Lots 15 - 15 of Block 7, Lake Addition abutting the Intracoastal Waterway consisting of a single-family residential subdivision designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A); and Right-of-way for a 20-foot alley, and farther west, Lot 23 of Block 5, Lake Addition and Lot 23 of Block 1, Boynton Place, both lots fronting on Federal Highway and designated as General Commercial (GC) and zoned General Commercial (C-4). Page 2 Memorandum No. PZ 07-064 ABAN 07-003 BACKGROUND In March and April of 1925 respectively, the plats of Boynton Place and Lake Addition were approved. These plats included several alleys dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion whenever abandoned by the public or discontinued by law. The subject property is indicated on the plats as an open publiC area, separate from the adjacent lots. Although the subject property was never used or improved as an alley as intended by the recorded plats, the property was dedicated to the public as a right-of-way and is under the control and jurisdiction of the City Commission. The city-initiated application states the following grounds and reasons for the requested abandonment: (1) City staff is unable to identify any public purpose for maintaining this property as an alley right-of-way; (2) continued City ownership suggests continued future responsibility and associated liability; and, (3) staff believes this area will best serve adjacent residents through private ownership. The City should designate the property as a utility easement and continue to provide utility services to the rear of these lots. If abandoned, the two (2) strips of land will be reverted to each adjacent property owner as land to be added to their lot. A utility easement equivalent in width to the existing alley is proposed on the subject property. ANALYSIS Pursuant to Chapter 22, Article IV, Section 4, public notice was given, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows (see Exhibit "B"): CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Objection - (According to Engineering, the dedication of an easement would remove their objection). No objection with easement No objection No response (2 notifications) Bell South Florida Public Utilities Company Cable Company (Comcast) RECOMMENDATION Staff recommends that the request to abandon the alley as described above be approved based on the finding that the alley provides no public purpose, and all existing utilities within the subject property would remain within a dedicated utility easement. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "C" - Conditions of Approval. 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Cil .;!2 o o l!"l - - <{ - - f- - OJ - I >< U. I -0 CD - !..... o -0 C CO .c <( CD .c o +-' ~ CD - - <( . ~ . I=PL LA'"DII D Florida Power & Light Company. 21400 Powerline Road. Boca Raton. Fl33433 r:' ECEIVED ~ .'P.: # t'\P\:'-t l 0 2!~q ENGINEERING May 8, 2007 City of Boynton Beach Attn: Mr. Kelly, Jr., PEIPSM City Engineer P.O. Box 310 -Boynton Beach, Florida 33425...0310 Re: Proposed "Alley" Abandonment between NE 7th and NE 8th Avenues Located East of Federal Highway to NE 7th Street Dear Mr. Kelly: The area you are requesting for abandoning as stated in your letter dated May 7, 2007 has been reviewed as requested. Please be advised that FPL does object to the above abandonment. FPL has existing overhead facilities that run the length of the Alley from Federal Highway to NE 7th Street. These existing overhead facilities provide service to those customers that back up to the Alley If you have any questions, please don't hesitate to call me at (561) 479-4511. Sincerely, C::::::::tL 'V Ii; J- 0-- \C...u- J~ John R. Van Vleet Senior System Project Manager an FPl Group company ~ t=At1/ts/l b @ BELLSOUTH BellSouth Telecommunications, Inc. Engineering Department 2021 So. Military Trail West Palm Beach, FL 33415 Office: 561-439-9118 Fax: 561-964-3499 April 2, 2007 1 Mr. H. David Kelley, Jr. City Engineer . Public Works Department P.O. Box 310 Boynton Beach, Florida 33425-0310 " "j;' s; I APR' 2 2007 Ii Re: Proposed Alley Abandonment between NE Seventh & Eighth Avenues, East of Federal Highway, Boynton Beach, Florida Dear Mr. Kelley: BellSouth Telecommunications, Inc. has reviewed the above-referenced abandonment request and has existing aerial cable and poles along the alley. BellSouth will require an easement to maintain the existing cables. Please contact my office if you require additional information concerning this matter. Sincerely, ) Q2~* t~ Robert Lowen Project Manager Cc: Steve Buck Attachment . FLORIDA PUBLIC UTiliTIES EXHIBIT"B" RECEiVED , I \ ; , ~. i-' 11\1 1 f.. ~(ItJ-7 ~',: l-.in..\ i ~ i.\ L:J' ~. J,,:: ~ Lit ENGINEERING 1 FPUC Ref.: #002 May 9, 2007 H David Kelley City of Boynton Beach Public Works Department PO Box 310 Boynton Beach, FL 33425 RE: Petition to 'abandon/vacate an alley between NE 7th & 8th Ave located east of Federal Hwy, Boynton Beach, FL Dear H David Kelley: Please be advised that Florida Public Utilities Company has no objection to the abandonment of the existing or easements or right-of-ways as described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. If you have any additional questions or concerns please feel free to call me at 561-838-1771. Sincerely, ?H~ Patty McLeod Engineering Technician PO BOX 3395 A West Palm Beach, Florida 33402-3395 A Phone: 561.832.0872 A Web; www.fpuc.com EXHIBIT 'fe"~ Conditions of Approval Project name: NE th Ave and NE 8th Ave File number: ABAN 07-003 Reference: I DEPARTMENTS I INCLUDE I REJECT I' PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic ; i I Comments: None X FIRE I Comments: None i X . II I POLICE I Comments: None X ENGINEERING DIVISION Comments: 1. Abandonment is contingent upon retaining the full width as a utility easement. X BUILDING DIVISION Comments: None X I J I' II =11 l' PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None x Conditions of Approval NE 7th Ave and NE 8th Ave ABAN DEPARTMENTS INCLUDE ~I PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: l. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1 . 'T'~ be determined. S:\Planning\SHARED\WP\PROJECTS\NE 7th Ave and NE 8th Ave ABAN\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: City-Initiated Alley Abandonment between NE ih Ave and NE 8th Ave APPLICANT'S AGENT: Mr. H. David Kelley, Jr., Assistant Director of Public Works APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 7,2007 TYPE OF RELIEF SOUGHT: Request to abandon an unimproved alley right-of-way and dedicate as a utility easement LOCATION OF PROPERTY: Between NE ih Avenue and NE 8th Avenue, east of Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:IPlanningISHARED\WPIPROJECTSINE 7'h Ave and NE 8th Ave ABANIDO.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: I need clarification before we step away. It's my understanding there was .an individual named Paula Melley. Did Sister Lorraine leave, she was here, she's an interested party and then the group led by Harvey Oyer, uh through the Public Arts Administrator, so those are the only three entities that I am aware of. Are you aware, and, of course, the Boynton Charter School. Vice Chair Rodriguez: I would, I would ask that you go back to the minutes that reflect the folks that stood up and requested you know, that said they want, had interest. And those are the ones that we should solicit. Ms. Bright: No that was one large group, that's what I'm saying sir. Vice Chair Rodriguez: Right. Whoever they were Miss Bright, those are the ones we should solicit. Ms. Bright: Okay. Chair Taylor: Thank you. Okay this takes us to public hearings. I'll turn this over to the City Attorney to swear people in. Attorney Cherof: Anybody who intends to testify, actually Mayor, there is no quasi- judicial on this list. It's just a public hearing so no, uh, sworn testimony is required. Chair Taylor: Okay. Okay then that's, uh, City initiated abandonment of alley between NE 7th Avenue and NE 8th Avenue. City initiated. Mr. Livergood: Yes good evening. For the record, Jeff Livergood, Director of Public Works. I will present staffs uh, you will provide staffs presentation although I doubt that I can do quite as good a job as perhaps Mr. Rumpf would do from a Planning Department perspective, so you get the Engineering Department version. Uh, this is a request that's been initiated by the Public Works and Engineering staff. To give you a little bit of background, several months ago, um, approximately six months ago, the City received a number or several requests for construction of fences in people rear yards along this alley. Uh, of course we cannot issue permits to build a fence in a public right-of-way because this alley that is between 7th and 8th Avenue east of Federal Highway, um because its a public alley, its public right-of-way and therefore we're unable to issue fence permits. In reviewing the alley, staff found that the alley is very much inaccessible. We're unable to get into it as a, as a public right-of-way. To the east end at 7th Street are mangroves, uh City owned property. To the west end is another dedicated alley that runs north/south and parallels Federal Highway that's also fairly difficult if you wanted to put a truck down them. It's staffs recommendation that this alley be abandoned. Allow this alley to return to the property owners, uh, to allow them to use it so that they can place fences on this property and also because it will 61 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 eliminate any responsibility or liability that the City may have in maintenance of this public alley. This alley was platted in 1925, uh, nearly 82 years ago. This was in an era when subdivisions were designed with the belief that there may need to be rear yard access. Whether there would be homes that would provide garages in their rear yards, um or for whatever reason in more of an urban setting you tend to see alleys. In today's society there is no longer a need for a public need for an alley, particularly for vehicular access. There are a number of utilities that remain in this alley. That there remains a public need to provide utilities, those utilities can remain in an easement. To that end, staff queried all of the utility companies to determine if easements are still required and that is the case, easements would still required. Uh, therefore, it's staffs recommendation, um, that the CRA approve the abandonment of this alley and forward a positive recommendation to the City Commission, uh, for similar action. Chair Taylor: Thank you. Mr. Livergood: If you have any questions I'd be glad to answer them. Board Member McCray: I, I have some. Explain to me, Florida Power and Light objection according to Engineering the dedication of an easement would remove their objection. Explain that to me a little further. Mr. Livergood: Um, Florida, pardon me, Commissioner where are you looking? Board Member McCray: I'm reading by Florida Power and Light on page two. Mr. Livergood: Okay. Board Member McCray: This came from Planning and Zoning Division. Public utility companies Florida Power and Light objection according to Engineering. Mr. Livergood: Yes. Board Member McCray: The dedication. Mr. Livergood: Our staff, in contact with Florida Power and Light, um, they have advised us they have no objection to the abandonment of the alley, assuming that we maintain a utility easement that provides them the same access to their infrastructure. Board Member McCray: Are we providing that sir? Mr. Livergood: Yes sir we are. Board Member McCray: Thank you. 62 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Is there anybody in the public that wishes to address this issue? Anybody in the public? Yes sir. Richard Frazier: Uh, my name is Richard Frazier, I live at 705 NE 7th Avenue. Um, I would just like to state that pretty much I believe that 7th and 8th was given the opportunity to come up here and speak today as far as for these easements. Now to my knowledge, there's one individual if you're looking to actually take over easement within our community. I've been there for well over nine years. Now I've occupied that easement ever since I've moved in. Got consent from the City, put my fence up the back of his fence so to speak and from this particular point this is where this comes out. Now it's not to my understanding to why we're going to take the people in my community, on both sides of our street which have fences all the way up through, so don't think there's nothing there. There is things there. There are fences all the way up through there. I can't say that I can afford to go in there and start moving my backyard, per say, nor can my neighbor that doesn't even live there. He's got a rental property now. He rents his home. He doesn't even live here in the State. He lives in Georgia. The point of it is, I don't see anybody else here within my neighborhood, other than the fact of the gentleman which was just tried to get a permit through the City, stating that there's no property behind his property. The City gave him approval for it, and that's why we're here today. Now I don't feel it's of a necessity at this particular point. That's all I have to say. Chair Taylor: Okay. Sir. Mr. Bardales: Evening. My name is, uh, Deris Bardales. I live on 712 NE 8th Avenue and uh, where I do live, uh, on the other side of, uh, actually on Lake Boynton Addition and I do agree with, uh, you know with the City on the abandonment of the alley and I believe that, uh, it's necessary, uh, an easement for the FPL power lines, uh, would be adequate and, uh, I just want, uh, to make a stand here because our neighbor just mentioned that nobody else here, is here present at this meeting. Thank you. Chair Taylor: Thank you. Did you want to comment, lady who raised her hand, did you want to talk? Board Member McCray: They said they're here. Chair Taylor: Oh. Okay it's my understanding the alley is the City's property correct? Mr. Livergood: That's correct. Chair Taylor: So if we abandon the alley in uh what happens is, then half of it goes to one property owner and the other half goes to the other property owner. Now if you 63 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 have uh, for some reason it was there all the time, if you extended your fence and just took on the whole piece, you have enjoyed that for some time, but if we abandon that it's divided evenly between the two properties. Mr. Livergood: Approximately in this case 7.5 feet to one side 6.3 to the other, but it's approximately down the middle. Chair Taylor: Okay, okay, I'll return to Commission for questions or a motion. Board Member McCray: Motion to approve. Chair Taylor: Is there a second. Board Member McKoy: Second. Chair Taylor: We've a motion and a second. Any other discussion? All in favor? Chair Taylor, Vice Mayor Rodriguez, Board Members, McCray, McKoy, Weiland: Aye. Chair Taylor: Ail opposed. Show the motion as unanimous. Takes us to, uh, takes us to Item A under Old Business Status of MLK Corridor, RFP Negotiations with Intown Partners. Is there remember this was uhf um, the last Commission meeting, the Commissioners, uh decided that this was at deadlock and returned it to the eRA., that the the motions were deadlocked, negotiations returned to CRA for further action. Yes, good evening. Ms. Simons: Um, chairman and board members um, my name is Samantha Simons. I'm principal of Intown Partners. As you know we've been trying to negotiate a developer agreement to engage in a public/private partnership, uh, with the CRA and the City of Boynton Beach. Our co-development partner, McCormack Baron, um, which unfortunately Richard Baron could not be here tonight, he's had a family medical emergency. His sister's just been diagnosed with cancer, so, uh, we, we send our best to Richard and, and he could not be here. Um, but we just want to restate the position of where we're at, and, uh, as you know, we've, we've given a presentation to McCormack Baron, who's our co-development partner. They've developed over $1.6 billion of real estate in 26 cities in the nation and have recently been chosen to be the lead developer to redevelop New Orleans. McCormack Baron has raised over $581 million in investor equity. They've raised 410 million in first mortgage debt, 310 million in grants, 221 million in state and local government support and over $67 million in, in foundations and corporate community grants. They are one of the few developers nationwide that were awarded last year 460 million in New Market Tax Credits. In 2004, which I believe we gave you a presentation of this, Richard Baron was one of the 64 IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FORl\ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin(! Dates in to Citv Clerk's Office Meetin(! Dates in to City Clerk's Office 0 April 17,2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4.2007 (Noon) 0 May 1,2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 0 - May 15.2007 April 30, 2007 (Noon) July 17,2007 July 2, 2007 (Noon) 0 June 5. 2007 May 14,2007 (Noon) ~ August 7, 2007 July 16,2007 (Noon) '- 0 Anno uncements/Presentati ons ~ City Manager's Report .- . -- NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal :; D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA nON: Authorization to pursue the formation of a 50 1 c3 not-for-profit corporation called the Boynton Beach Community Foundation and to develop the slate of Board of Directors for initial appointment by the City Commission. EXPLANATION: The principal purpose of this foundation is planning, encouraging, supporting, and promoting of community improvement and growth through the solicitation and administration of funding for projects which assist educational, recreational and cultural ventures, for the benefit of the residents of the City of Boynton Beach and the surrounding areas. As a government agency, the City of Boynton Beach is not eligible to apply for grant funding from many private and corporate foundations, leaving millions in untapped resources. Establishing a 501 c3 not-for-profit allows a public agency to apply for certain grants specifically for non-profits through their own non-profit. . It is an effective way to build community support and involvement for special city projects. . It allows for focus on a single important project or program that already has, or could have broad-based community support. . It provides funding for low income participation in programs, rather than using tax-payer funding. It builds support not just for fundraising but also for other public agency initiatives such as ballot measures. The 501 c3 not-for-profit status provides a reliable and trustworthy vehicle for individual donors. Often there is a perception that charitable contributions may "get lost" in the General Fund, can be redirected towards another project or are not tax deductible. The Boynton Beach Community Foundation may on occasion, work with a professional fundraiser. In this case, the role of the Foundation is to accept and manage funds that the fundraiser receives on behalf of the community, in support of a particular city project. This 50 1 c3 not-for-profit corporation is intended to be an entity which is separate, independent and autonomous from the City of Boynton Beach and is not intended to exist or be construed as an agency or arm of the City of Boynton Beach. The Steering Committee, which consists of the City's Grants Coordinator, Parks Superintendent, and three members of the Recreation & Parks Board, will provide the list of candidates to the City Commission for the five (5) initial appointments by the City Commission of the City of Boynton Beach, which shall consist of two (2) appointments for initial three (3) year term, two (2) appointments for an initial two (2) year term, and one (1) appointment for an initial one (1) year term. Each Director shall serve his term of office and until his successor has been duly elected and qualified. Vacancies other than those caused by an increase in the number of Directors shall be filled by appointment by the Board of Directors. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The Boynton Beach Community Foundation would work closely with individual donors, philanthropic organizations and foundations to serve its purpose. Some key initiatives for the Boynton Beach Community Foundation are the Congress A venue Community Park and Boundless Playground, Youth Violence Prevention programs and future funding far downtown cultural projects. An interlocal agreement would be made between the Boynton Beach Community Foundation and the City of Boynton Beach that would detail project elements, costs, a project timeline and process for funding each project. FISCAL IMP ACT: (Include Account Number where funds will come from) Initial start up costs: filing paperwork for SOlc3 status $17S.00, refreshments for initial meeting $40.00, business cards, letterhead, etc. $SOO.OO. Total P1S.00. Funds taken from the Grants Team account #001-2 731-S72-34-34. ALTERNATIVES: Not form a SOlc3 not-far-profit and have all donations from individuals go into a City Of Boynton Beach Donation account. Develop partnerships with established non-profit agencies and ask them to apply for and manage foundation grants far special city projects and programs. · Only apply for grants that consider government agencies as eligible applica~ts. it"~ City Manager's Signature v Assistant to City Manager ~ City Manager Department Name City Attorney / Finance S\BliLLETrN\FORMS'v\GENDA ITEM REQUEST FORM.DOC ARTICLES OF INCORPORATION OF BOYNTON BEACH COMMUNITY FOUNDATION, INC. Pursuant to Section 517.01, et. Seq., Florida Statutes, the undersigned not-for-profit corporation hereby executes the following Articles of Incorporation. I ARTICLE - CORPORATE NAME 1.1 The name of this Corporation shall be Boynton Beach Community Foundation, Inc. II ARTICLE - PRINCIPAL OFFICE AND MAILING ADDRESS 2.2 The address of the principal office shall be at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435. 2.2 The mailing address of the corporation shall be at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435. III ARTICLE - PURPOSE(S) 3.1 The purposes for which this Corporation is formed, organized and shall always be operated is for civic and other charitable purposes consistent with 9617 Florida Statutes, (1995) and for the purpose of receiving and administering funds and operating exclusively within the meaning and parameters of Section 501 (c )(3) of the Internal Revenue Code of 1986 or comparable provisions of subsequent legislation, and specifically to promote economic development and investment in the City of Boynton Beach. This corporation is an entity which is separate, independent and autonomous from the City of Boynton Beach and is not intended to exist or be construed as an agency or arm of the City of Boynton Beach. The principal purpose of this corporation is the planning, encouraging, supporting, and promoting of community improvement and growth through the solicitation and administration of funding projects on behalf of the City which assist educational, recreational and cultural ventures, for the benefit of the residents of the City of Boynton Beach and the surrounding areas. 3.2 In carrying out this principal purpose, this corporation shall engage in the following activities in furtherance of one or more of the corporation's exempt purposes, which activities shall collectively constitute the character of affairs of the corporation which the corporation intends to conduct in the State of Florida: (1) Planning, fostering, encouraging, supporting and promoting community improvement in the City of Boynton Beach in an effort to enhance the quality of life of the residents of the City of Boynton Beach; (2) Soliciting, receiving or generating funds from any source not inconsistent with the purposes of this corporation and soliciting, receiving or generating contributions, grants, gifts or subventions from persons. entities or any unit or agency of government; (3) Doing and performing any and all acts as may be necessary and/or appropriate in order to carry out the stated purposes of the corporation. 3.3 Pecuniary profit, gain or private advantage is not and shall not be the object of this corporation or its officers and directors. No part of the net earnings of this corporation shall inure to the benefit of. or be distributable to. its directors, trustees, officers, or other private persons. IV ARTICLE - TERM 4.1 Corporate existence shall commence upon filing these Articles of Incorporation with the Secretary of State and the term of this corporation shall be perpetual. V ARTICLE-POWERS 5.1 The corporation shall have all of the common law and statutory powers of a corporation not-for-profit pursuant to the laws of the State of Florida that are not in conflict with the terms of these Articles, provided, however, that notwithstanding any other provision of these Articles, the corporation shall not carryon any activities not permitted to be carried on by an organization exempt from federal income tax pursuant to Section 50 I (c )(3) of the Internal Revenue Code of 1986, as amended or the corresponding provision of any subsequent United States Internal Revenue Law or Laws. 5.2 The corporation shall not issue shares of stock and shall not distribute any part of its income to its directors or officers. VI ARTICLE - LIMITATIONS 6.1 The corporation shall be operated exclusively for economic development purposes as a non-profit corporation. No individual or director of the corporation shall have any title to or interest in the corporate property or earnings in his individual or private capacity and no part of the net earnings of the corporation shall inure to the benefit of any director. officer, or individual. VII ARTICLE - NON-STOCK BASIS 7.1 This Corporation shall have no capital stock. VIII ARTICLE - MEMBERS 8.1 This Corporation may have members as prescribed in its Bylaws. IX ARTICLE - DIRECTORS 9.1. Manner of Election of Directors. The directors shall be elected or appointed in accordance with the procedures stated in the Bylaws. 9.2 Initial Directors. The names and addresses of the initial directors to hold office until the first mmual meeting of members and/or until their successors shall have been elected and qualified are as follows: 9.3 Property. The Board of Directors shall administer and distribute the property held by this Corporation in accordance with the purposes of this Corporation as defined in Article III herein and the provisions of Article I of the By-Laws. X ARTICLE - INITIAL REGISTERED AGENT AND STREET ADDRESS 10.1 The name of the initial registered agent of the corporation and the street address of the initial registered office of the corporation are as follows: David N. To1ces, Esq., 3099 E. Commercial Blvd., Suite 200, Fort Lauderdale, Fl. 33308 XI ARTICLE - INCORPORATORS 11.1 The names and street addresses of the incorporators for these Articles of Incorporation are: 11.2 All powers, duties and responsibilities of the incorporator(s) shall cease at the time of delivery of these Articles ofIncorporation to the Secretary ofthe State of Florida. XII ARTICLE -DISSOLUTION 12.1 In the event of dissolution, a plan of distribution of assets shall be prepared and executed consistent with Chapter 617, Florida Statutes (1995), et seq. the residential assets of corporation shall be turned over to one or more organizations which themselves are exempt from federal income tax as organizations described in Section 501 (c )(3) of the Internal Revenue Code of 1986, as amended or the corresponding provisions of any future United States Internal Revenue Law. IN WITNESS WHEREOF, the undersigned incorporators have executed these Articles ofIncorporation this _ day of ,200_, Incorporator ST ATE OF FLORIDA COUNTY OF PALM BEACH On this, the _ day of , 200_, before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by , Incorporator of Boynton Beach Community Foundation, Inc., a Florida corporation, on behalf of the corporation, day of .200 . WITNESS my hand and official seal this My Commission Expires: Notary Public - State of Florida Personally Known OR Produced Identification Type of Identification Produced: Affix Seal Below: CERTIFICATE OF DESIGNATION REGISTERED AGENT/REGISTERED OFFICE Pursuant to the provisions of Sections 607.0501 or 617.0501, Florida Statutes, the undersigned corporation, organized under the laws of the State of Florida, submits the following statement in designating the registered office/registered agent, in the State of Florida. 1. The name of the corporation is: Boynton Beach Community Foundation, Inc. 2. The name and address of the registered agent and office is: David N. Tolces, Esq., 3099 E. Commercial Blvd., Suite 200, Fort Lauderdale, FL 33308 HA VING BEEN NAMED AS REGISTERED AGENT AND TO ACCEPT SERVICE OF PROCESS FOR THE ABOVE STATED CORPORATION AT THE PLACE DESIGNATED IN THIS CERTIFICATE, I HEREBY ACCEPT THE APPOINTMENT AS REGISTERED AGENT AND AGREE TO ACT IN THIS CAPACITY. I FURTHER AGREE TO COMPLY WITH THE PROVISIONS OF ALL STATUTES RELATING TO THE PROPER AND COMPLETE PERFORMANCE OF MY DUTIES AND I AM FAMILIAR WITH AND ACCEPT THE OBLIGATIONS OF MY POSITION AS REGISTERED AGENT. David N. Tolces Date: STATE OF FLORIDA COUNTY OF BROW ARD On this, the _ day of , 200_, before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by David N. Tolces, Registered Agent of Boynton Beach Community Foundation, Inc., a Florida corporation, on behalf of the corporation. WITNESS my hand and official seal this day of ,200_. Notary Public - State of Florida My Commission Expires: Personally Known OR Produced Identification Type of Identification Produced: Affix Seal Below: H:\1990\9001 82.BB\Articles of Incorporation- BB Community Fdtion.doc BOYNTON BEACH COMMUNITY FOUNDATION, INC. BYLA WS ARTICLE I - CORPORATE IDENTITY 1.01 NAME The name of the corporation is Boynton Beach Community Foundation, Inc. 1.02 CORPORATE EXISTENCE These are the By-Laws of the Boynton Beach Community Foundation, Inc. (herein "the Corporation"), a corporation not-for-profit organized under the laws of the State of Florida. The Articles of Incorporation were filed in the Office of the Secretary of State on ,2007. 1.03 CORPORATE OFFICE The Corporation shall have its principal place of business in Boynton Beach, Florida, and shall be located at , Boynton Beach, Florida. and may have such other places of business as the Board of Directors may designate from time to time. 1.04 REGISTERED OFFICE The Corporation shall have and continuously maintain a registered office in the State of Florida, which may be changed from time to time by the Board of Directors, and shall be memorialized in its corporate records. 1.05 NON-PROFIT OPERATION The Corporation shall be operated exclusively for purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended or comparable provisions of subsequent legislation (herein the "Code") and under Chapter 617, Florida Statutes, as amended (herein "Statute") as a corporation not-for-profit. No director of the Corporation shall have any title to or interest in the corporate property or earnings in his individual or private capacity and no part of the net earnings of the Corporation shall inure to the benefit of any trustee, director, officer or any member or individual. Page 1 of 15 1.06 PURPOSE 1.06.1 The purpose for which this corporation is formed, organized and shall always be operated is for the purposes of receiving and administering funds and operating exclusively within the meaning and parameters of Section 501(c)(3) of the Internal Revenue Code of 1986 or comparable provisions of subsequent legislation, and specifically to promote economic development and investment in the City of Boynton Beach. This corporation is intended to be an entity which is separate, independent and autonomous from the City of Boynton Beach and is not intended to exist or be construed as an agency or arm of the City of Boynton Beach. The principal purpose of this corporation is the planning, encouraging, supporting, and promoting of community improvement and growth through the solicitation and administration of funding projects on behalf of the City which assist educational, recreational and cultural ventures, for the benefit of the residents of the City of Boynton Beach and the surrounding areas. 1.06.2 In carrying out this principal purpose, this corporation shall engage in the following activities in furtherance of one or more of the corporation's exempt purposes, which activities shall collectively constitute the character of affairs of the corporation which the corporation intends to conduct in the State of Florida: (1) Planning, fostering, encouraging, supporting and promoting community improvement in the City of Boynton Beach in an effort to enhance the quality of life of the residents of the City of Boynton Beach; (2) Soliciting, receiving or generating funds from any source not inconsistent with the purposes of this corporation and soliciting, receiving or generating contributions, grants, gifts or subventions from persons, entities or any unit or agency of government; (3) Doing and performing any and all acts as may be necessary and/or appropriate in order to carry out the stated purposes of the corporation. 1.06.3 Pecuniary profit, gain or private advantage is not and shall not be the object of this corporation or its officers and directors. No part of the net earnings of this corporation shall inure to the benefit of, or be distributed to, its directors, officers, or other private persons. 1.06.4 The corporation shall exercise only those powers granted or permitted to not-for- profit corporations pursuant to Chapter 617, et. seq., Florida Statutes, consistent with this corporation's status as an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. This corporation shall be prohibited Page 2 of 15 from calT)ling on non-exempt activities beyond the permissible limits of 501 (c )(3) of the Internal Revenue Code. ARTICLE II - BOARD OF DIRECTORS 2.01 GENERAL POWERS OF THE BOARD Subject to the limitations of the Articles ofIncorporation, these Bylaws, and the Florida Not- For-Profit Corporation Act, Chapter 617, Florida Statutes, as amended, all corporate powers shall be exercised bv or under the authority of the Board of Directors and the management .' ~ and affairs of the Corporation shall be controlled by the Board of Directors, which is the governing body of the Corporation. The Board of Directors shall have charge, control and management of the business, property and affairs of the Corporation and shall have the power and authority to do and perform all acts and functions permitted for an organization as described in 501(c)(3) of the Internal Revenue Code which are not inconsistent with these Bylaws, the Articles oflncorporation or the laws of the State of Florida. 2.02 EMERGENCY POWERS OF THE BOARD In anticipation of or during any emergency, if a majority of the Board of Directors cannot readily be assembled because of some catastrophic event, then a majority of the Directors that can be assembled shall have the power and authority to do and perfonn all acts and functions, pennitted for an organization described in Section 501(c)(3) of the Code and Section 617.0303, Florida Statutes, as amended, or subsequent legislation not inconsistent with these Bylaws, the Articles of Incorporation or the laws of the State of Florida. 2.03 NUMBER OF DIRECTORS Except as otherwise provided in these Bylaws, the direction and management of the affairs shall be vested in a Board of Directors, (herein "Board of Directors"), which shall consist of a minimum of five (5) directors. The appointment of directors shall be determined as provided in Section 2.05 of this Article II. 2.04 QUALIFICATIONS OF DIRECTORS Directors must be persons who are eighteen (18) years of age or older. Directors need not be residents of Florida prior to their election as Directors. In considering individuals for election to the Board, the Nominating Committee shall seek to nominate those people whom it considers can best serve the Corporation and the people it serves in Boynton Beach. Geographic, etlmic, and social diversity of Board membership is encouraged, but no specific representation of regions or groups shall be required. Directors shall be required to make an ammal financial contribution and are encouraged to utilize the "fair share" guideline of one Page 3 of 15 percent (l %) of their annual income unless their personal circumstances do not permit such a contribution. Pledges of the Board of Directors shall be made at the annual meeting. 2.05 APPOINTMENT AND COMPOSITION OF DIRECTORS The Initial Directors of the Corporation are named in the Articles ofIncorporation. Members of the Board of Directors of the Corporation shall be elected or appointed as follows: 2.05.1 The Corporation shall have a Nominating Committee composed of not less than three (3) people currently serving on the Board whose terms are not expiring at the next ensuing election, as selected by the Chair of the Board of Directors. The Nominating Committee shall meet on an as needed basis throughout the year to determine criteria for Board membership and to identify and receive the resumes of prospective Board candidates. At least ten (l0) days before the Corporation's Annual Meeting, the Nominating Committee shall present a slate of candidates for the number of positions of Director which the Board has fixed for the ensuing year, confirming the fact that these candidates have expressed their willingness to accept directorship responsibility. Immediately upon receipt of the report of the Nominating Committee, the Secretary shall notify each member of the Board of Directors of the names of the people nominated, and of the right of petition as provided below. 2.05.2 In addition to those candidates proposed by the Nominating Committee, names of candidates for office of Director may be nominated by petition bearing the genuine signatures of at least three (3) sitting Directors of the Corporation. Such petition shall be filed with the Secretary within five (5) days after notice has been given of the names of those nominated by the Committee. The determination of the Nominating Committee as to the legality of the petition shall be final. 2.05.3 Ifno petition is filed in accordance with Subsection 2.05.2, the nominations shall be closed and the nominated slate of candidates shall be declared to be elected by acclamation at the Annual Meeting. If a legal petition shall present additional candidates, a ballot at the Annual Meeting shall list all the candidates in alphabetical order, with instructions to vote for such number of candidates as shall be necessary to fill all open Directors' positions. No specification shall be made on the ballot to identify any candidate nominated by the Nominating Committee or any candidate nominated by petition. 2.05.4 In the event of an election by ballot under Subsection 2.05.3, the Secretary shall serve as supervisor of the election, and see to it that the election of members of the Board of Directors is carried out according to the terms and conditions of these Bylaws, that adequate tellers are available, that all votes of Directors eligible to vote are properly tallied, and to declare the true results of said election by written report Page 4 of 15 2.06 TERM OF OFFICE Except as hereinafter provided, the term of office of a Director shall be three (3) years commencing on the date of election and ending on the third Annual Meeting following the date of election. Each Director shall serve his term of office and until his successor shall have been duly elected and qualified. In order to achieve staggered terms of directors, the Steering Comminee will provide the list of candidates to the City Commission for the five (5) initial appointments by the City Commission of the City of Boynton Beach, which shall consist of two (2) appointments for initial three (3) year terms, two (2) appointment for an initial two (2) year tenn, and one (1) appointment for an initial one (1) year term. 2.07 ANNUAL MEETING The annual meeting of the Board of Directors shall be held no later than the end of the first quarter following the close of the fiscal year, or as close thereto as may be advisable, unless changed by a unanimous vote of the Board of Directors at any meeting thereof, at such time and place as the Board of Directors shall from time to time detennine, for the transaction of such business as may lawfully come before the meeting. It shall be the duty of the Secretary of the Corporation to give seven (7) calendar days notice of the time, place and date of the annual meeting to each director. 2.08 REGULAR MEETINGS; NOTICE The Board of Directors shail meet at least six (6) times each year. Regular meetings of the Board of Directors shall be held on such dates and at such times and places as the Board of Directors shall from time to time determine, for the transaction of such business as may lawfully come before each such meeting. It shall be the duty of the Secretary of the Corporation to give seven (7) calendar days notice of the time, place and date of each regular meeting to each Director. Each Director shall agree to attend at least seventy five percent (75%) of the total number of regular meetings held during each calendar year. 2.09 SPECIAL MEETINGS Special meetings of the Board of Directors shall be held whenever called by the Secretary of the Corporation upon the direction of the Chair of the Corporation, or upon the request of a majority ofthe Board of Directors. Special meetings may be held within or without the State of Florida. Page 5 of15 2.10 NOTICE OF SPECIAL MEETINGS It shall be the duty of the Secretary ofthe Corporation to give notice ofa special meeting at least seven (7) calendar days, but not more than fourteen (14) calendar days before the scheduled date ofthe meeting. The notice shall be delivered personally or by first class mail by or at the direction of the Chairperson ofthe Board, the Secretary or the officer or persons calling the meeting to each Director. Ifmailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the Director at his address as it appears on the records of the Corporation, with postage thereon prepaid. 2.11 COMPENSATION Directors shall receive no compensation for their services on the Board of Directors. This shall not prevent the Corporation from purchasing insurance as provided in Article IX or from reimbursing any Director for expenses actually and necessarily incurred in the performance of his duties as a Director as such expenses are authorized by the Board of Directors. 2.12 RESIGNATIONS A Director may resign at any time by delivering written notice to the Board of Directors or its Chair. A resignation is effective when the notice is delivered unless the notice specifies a later effective date. The date of resignation can be modified by a majority vote ofthe Board of Directors. If a resignation is given which is effective at a latter date, then the Board of Directors may fill the pending vacancy before the effective date, if the Board of Directors provides that the successor does not take office until the effective date. 2.13 REMOVAL OF DIRECTORS Any director may be removed either with or without cause by a vote of a majority of the Board of Directors. Notice of intent to vote on a recommendation to remove a Director must be provided at least five (5) business days prior to the meeting at which the vote will be taken. 2.14 FILLING OF VACANCIES Vacancies other than those caused by an increase in the number of Directors shall be filled by appointment by the Board of Directors. Vacancies reducing the number of Directors to less than five (5) shall be filled before the transaction of any other business. Upon the resignation of a Director tendered to take effect at a future time, the Board of Directors may appoint a successor to take office when the resignation becomes effective. Any vacancy occurring in the Board of Directors, including any vacancy resulting from an increase in the number of Page 6 of 15 Directors, shall be filled by the Board of Directors in order to allow the Director to complete the current term. 2.15 DIRECTOR CONFLICTS OF INTEREST 2.16.1 No contract or other transaction between a corporation and one or more of its directors or any other corporation, firm, association, or entity in which one or more of its directors are directors or officers or are financially interested shall be either void or voidable because of such relationship or interest, because such director or directors or a committee thereof which authorizes, approves or ratifies such contract or transaction, or because his or their votes are counted for such purpose, if: (a) The fact of such relationship or interest is disclosed or known to the board of directors or committee which authorizes, approves or ratifies the contract or transaction by a vote or consent sufficient for the purpose without counting the votes or consents of such interested directors; (b) The fact of such relationship or interest is disclosed or knO\\'11 to the members entitled to vote on such contract or transaction, if any, and they authorize, approve, or ratify it by vote or written consent; or (c) The contract or transaction is fair and reasonable as to the corporation at the time it is authorized by the board, a committee or the members. 2.16.2 Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee thereof which authorizes. approves, or ratifies such contract or transaction. 2.16.3 The failure of a Director to disclose the nature of his interest to the Board of Directors shall constitute grounds for removal of the Director. 2.16 STANDING RULES The Board of Directors shall determine parliamentary procedures to be observed during meetings. Such determination shall be passed by resolution. ARTICLE III - EXECUTIVE AND OTHER COMMITTEES 3.01 CREATION OF COMMITTEES The Board of Directors may, by resolution passed by a majority of the whole Board: Page 7 of 15 (a) Designate an Executive Committee, a Nominating Committee, a Finance Committee, and one or more other committees, each of which committees must have at least two (2) members; (b) Designate one or more Directors as alternate members of any such committee, who may act in the place and stead of any absent member or members at any meeting of such committee; 3.02 EXECUTIVE COMMITTEE The Executive Committee shall consult with and advise the officers of the Corporation in the management of its affairs and may exercise, to the extent provided by resolution of the Board of Directors which creates such executive Committee, such powers of the Board of Directors as lawfully can be delegated by the Board. 3.03 OTHER COMMITTEES Other committees shall have such functions and may exercise such powers of the Board of Directors as lawfully can be delegated, to the extent provided by resolution creating such committees. 3.04 OPERATION The sections of these Bylaws that govern meetings, notice and waiver of notice, quorum and voting, and action without a meeting requirements of the Board of Directors apply to committees and their members as weH. 3.05 MINUTES Committees shall keep regular minutes of their proceedings and report to the Board of Directors when required or when requested by the Board. 3.06 PROHIBITED ACTIVITIES OF ANY COMMITTEES No committee shall have the authority to: (a) Approve or recommend to members actions or proposals required by law to be approved by members. (b) Designate candidates for the office of Director, for purposes of proxy solicitation or otherwise; Page 8 of 15 (c) Fill vacancies in the Board of Directors or any committee thereof; (d) Amend the Bylaws: or (e) Authorize or approve qualifications for members. ARTICLE IV - OFFICERS 4.01 OFFICERS The officers of this Corporation shall be a Chair of the Board, Vice Chair, Secretary and Treasurer. All officers shall be chosen from the members of the Board of Directors. Any tv.;o (2) or more offices may be held by the same person. A failure to elect any of the aforesaid officers shall not affect the existence of the Corporation. 4.02 ELECTION AND TERM OF OFFICE Officers of the Corporation shall be elected for a tenn of three (3) years (or until their successors have been duly elected and qualified) by the Board of Directors at its annual meeting. If the election of officers shall not be held at such meeting, then such election shall be held as soon thereafter as possible. Each officer shall hold office until his successor has been duly elected and shall have qualified, or until his or her death, resignation or removal from office. In no event shall a person be appointed as an officer for more than four (4) consecutive terms. A person who has served as an officer. for four (4) consecutive terms may be re-appointed as an officer after a one (1) year lapse of time from serving as an officer. 4.03 RESIGNATION AND REMOVAL 4.03.1 An officer may resign at any time by delivering notice to the Board of Directors. A resignation is effective when delivered, unless the notice specifies a later effective date. If a resignation is made effective at a later date and the Corporation accepts the future effective date, then the Board of Directors may fill the pending vacancy before the effective date, if the Board of Directors provides that the successor does not take office until the effective date. 4.03.2 The Board of Directors may remove any officer at any time with or without cause by a vote ofa majority of the Board of Directors at any regular or special meeting of the Board of Directors. Page 9 of 15 4.04 VACANCIES A vacancy in any office because of resignation, removal, death or otherwise, may be filled by the Board of Directors for the unexpired portion of the term or until a permanent successor is elected. 4.05 CHAIR OF THE BOARD The Chair of the Board shall be the Chief Executive Officer of the Corporation. He/She shall have general executive powers, including all powers required by law to be exercised by a president of a corporation as such, as well as the specific powers conferred by these Bylaws or by the Board of Directors. The Chair of the Board shall preside at all meetings of the Board of Directors. 4.06 VICE CHAIR In the absence of the Chair of the Board, or in the event of his /her death, disability or refusal to act, the Vice Chair shall perform all of the duties of the Chair of the Board and when so acting, such Vice Chair shall have all the power of and be subject to all the restrictions upon the Chair of the Board. The Vice Chair shall have general executive powers as well as the specific powers conferred by these Bylaws. The Vice Chair shall also have such further powers and duties as may be conferred upon or assigned to herein by the Board of Directors or the Chair of the Board from time to time. 4.07 SECRETARY The Secretary shall: 4.07.1 Prepare minutes of meetings of the Board of Directors and members; 4.07.2 Organize and supervise elections required herein; 4.07.3 Authenticate records of the Corporation; 4.07.4 Keep the minutes of the proceedings of the Board of Directors and the members in one or more books provided for that purpose; 4.07.5 See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; 4.07.6 Be custodian of the corporate records and of the seal ofthe Corporation and see that the seal ofthe Corporation is affixed to all documents the execution of which on behalf of the Corporation under its seal is duly authorized; Page 10 of 15 4.07.7 Be the registrar of the Corporation; and 4.07.8 In general, perform all duties incident to the office of Secretary and such other duties as may be assigned to him by the Board of Directors from time to time. 4.08 TREASURER The Treasurer shall: 4.08.1 Have charge and custody of. and by responsible for, all funds and assets of the Corporation; 4.08.2 Receive and give receipts for monies due and payable to the Corporation from any source whatsoever, and deposit all such moneys in the name of the Corporation in such banks, trust companies or other depositories as the Board of Directors may select; and 4.08.3 In general, perform all of the duties as may be assigned to him by the Chair of the Board or by the Board of Directors from time to time. Ifrequired by the Board of Directors, the Treasurer shall give a bond for the faithful discharge of his duties in such sum and with such surety or sureties as the Board of Directors shall determine. 4.09 DELEGATION OF DUTIES In the case of the absence of an officer of the Corporation or for any other reason that the Board of Directors may deem sufficient, the Board may delegate the powers and duties of such officer to any other officer or officers or to any Director or Directors or to any other individual or individuals. 4.10 SALARIES OF OFFICERS 4.10.1 By resolution of the Board of Directors, the officers may be paid their properly documented, reasonable expenses incurred in connection with the perfonnance of their duties as officers, if any. 4.10.2 The officers of the Corporation shall not be entitled to any compensation for services rendered in their capacity as officers to the Corporation. Page 11 of 15 ARTICLE V - EXECUTION OF INSTRUMENTS 5.01 AUTHORITY FOR EXECUTION OF INSTRUMENTS Formal contracts of the corporation, promissory notes and other evidences of indebtedness and other corporate documents shall be signed by the Chair and by the Secretary or Treasurer unless otherwise specifically determined by the Board of Directors, or otherwise required by law. Unless expressly authorized by these Bylaws or the Board of Directors, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it pecuniarily liable for any purpose or in any amount. ARTICLE VI - FISCAL YEAR 6.01 FISCAL YEAR The fiscal year of the corporation shall begin on the first day of July and end on the last day in June of each year. ARTICLE VII - CORPORATE RECORDS, REPORTS AND SEAL 7.01 RECORDS The Corporation shall keep as permanent records minutes of all meetings of its Board of Directors, a record of all actions taken by the Board of Directors without a meeting, and a record of all actions taken by any committee of the Board of Directors in place of the Board of Directors on behalf of the Corporation. The Corporation shall maintain accurate accounting records. The Corporation shall maintain its records in written form or in some other form capable of conversion into written form in compliance with State Law. 7.02 ANNUAL REPORTS On or after January 1 and on or before July 1 of each year, the Corporation shall deliver to the Florida Department of State for filing a sworn annual report, on such forms as the Department of State may prescribe and containing such information as is prescribed by law. Similar reports shall be filed as required by law in those jurisdictions other than the State of Florida where the Corporation may be authorized to transact business. 7.03 FINANCIAL STATEMENTS 7.03.1 Unless modified by a resolution of the members not later than four (4) months after the close of each fiscal year, the this Corporation shall prepare a balance sheet showing in reasonable detail the financial condition of the Corporation as of the close Page 12 of 15 of its fiscal year and a profit and loss statement showing the results of the operations of the Corporation during its fiscal year. 7.03.2 Upon the written request of any member, the Corporation shall mail to such member a copy of the most recent such balance sheet and profit and loss statement. 7.03.3 The balance sheet and profit and loss statements shall be filed in the registered office of the Corporation in this State, shall be kept in conformance with applicable state and federal laws, and shall be subject to inspection during business hours by any member, in person or by agent. 7.04 AUDIT The financial records of the corporation shall be audited not less than annually by an independent certified public accountant. ARTICLE VIII- PROHIBITED ACTIONS AND ACTIVITIES 8.01 DiVIDENDS PROHIBITED The Board of Directors of the Corporation may not declare or pay dividends in cash or property to any member, Director or officer, and no part ofthe net income ofthe Corporation shall otherwise be distributed to or inure to the benefit of any member, officer or Director, for furtherance of purposes other than those set forth in the Articles of Incorporation. 8.02 PROHIBITED ACTIVITIES Notwithstanding any other provision of these Bylaws, the Corporation shall not carryon any activities not permitted to be carried on: 8.02.1 By a corporation exempt from Federal income tax under 501 (c)(3) of the Code; or 8.02.2 By a corporation, contributions to which are deductible under Code Section 170. 8.03 LOANS PROHIBITED Loans, other than through the purchase of bonds, debentures, or similar obligations of the type customarily sold in public offerings, or through ordinary deposit of funds in a bank or prohibited by the Corporation exempt from Federal income tax under the Code may not be made by the Corporation to its Directors, officers, employees, or to any other corporation. firm, association, or other entity in which one or more of its directors, officers, or employees Page 130f15 is a director, officer, or employee or holds a substantial financial interest. A loan made in violation of this Section is a violation of the duty to the Corporation of the Directors and officers authorizing it or participating in it, by the obligation of the borrower with respect to the loan may not be affected hereby. ARTICLE IX - INDEMNIFICATION AND INSURANCE 9.01 INDEMNIFICATION The Corporation shall indemnify its directors and officers to the fullest extent permitted by the Florida Not-For-Profit Corporation Act, Chapter 617, Florida Statutes. If the Florida Not-For-Profit Corporation Act, Chapter 617, Florida Statutes, is hereinafter amended to authorize corporate action further eliminating or limiting the personal liability of directors or officers then the personal liability of a director or officer of the corporation shall be eliminated or limited to the fullest extent permitted by the Florida Not-F or-Profit Corporation Act, Chapter 617, Florida Statutes, as so amended from time to time. 9.02 INSURANCE The Corporation may purchase and maintain insurance on behalf of any Director, officer, employee or agent of the Corporation, or on behalf of any person serving at the request of the Corporation as a Director, officer, employee or agent of another corporation, partnership, joint venture, trust, or other enterprise against any liability asserted against that person and incurred by that person in any such corporation, whether or not the corporation has the power to indemnify that person against liability for any of those acts. ARTICLE X - AMENDMENT AND DISSOLUTION 10.01 AMENDMENT These Bylaws may be altered, amended or repealed by an affirmative vote of no less than four members of the Directors present at a duly noticed Regular or Special meeting of the Board of Directors at which a quorum is present, provided that written notice of the amendment and its contents shall have been mailed and/or e-mailed to each Director at least fifteen (15) days prior to the Regular or Special meeting. 10.02 DISSOLUTION The Corporation may be dissolved without judicial supervision by adopting a resolution to dissolve, which must be approved by the Board of Directors and by its members, as provided in these Bylaws or Articles ofIncorporation. In the event of dissolution, the residual assets Page 140f15 of the corporation shall be turned over to one or more organizations which themselves are exempt from federal income tax as organizations described in Section 501 (c )(3) of the Internal Revenue Code of 1986, as amended or the corresponding provisions of any future United States Internal Revenue Law. ARTICLE XI - NON-STOCK BASIS 11.01 NON-STOCK BASIS This corporation shall have no capital stock. ARTICLE XII - CORPORATE SEAL 12.01 FORM The seal of the Corporation shall have the name of the Corporation, the State, the year of its incorporation and the words "Corporate Seal" inscribed thereon. These Bylaws for the Boynton Beach Community Foundation, Inc. are hereby adopted by the Board of Directors on . 2007. CHAIR Attested and Certified: SECRETARY DNT:dnt Wd 990\900 182BB\BB Comm Fdtion (Bvlaws ).doc Page 15 of 15 ~~:YO~ -;,-~ "' ~ . '. ,. .C.' .. J: o,~Jo 7'0 N ~ CITY OF BOYNTON. BEACH AGENDA ITEM REQUEST FORM IX.-CITY MANAGER'S REPORT ITEM B. 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 Citv Clerk's Office 0 April 17,2007 April 2, 2007 (Noon,) D June 19, 2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30,2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) ~ August 7, 2007 July 16, 2007 (Noon) 0 Announcements/Presentations ~ City Manager's Report NA TURE OF 0 Administrative D New Business AGENDA ITEM 0 Consent Agenda D' Legal 0 Code Compliance & Legal Settlements D Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: For the City Commission to give direction to city staff regarding the Veteran's Memorial by authorizing staff to proceed with the erection of a single focal monument at the Bicentennial Park. EXPLANATION: At the June 19,2007 City Commission meeting the Commission approved the implementation and build of the Eternal Flame Memorial Public Art project proposed for Bicentennial Park. At the July 17, 2007 City Commission meeting, the Veteran's Council presented a proposal for an alternative Veteran's Memorial that would be erected either in addition to, or in lieu of the Eternal Flame Memorial. Staff is requesting that the City Commission give direction as to whether they wish the Eternal Flame Memorial to be erected at Bicentennial Park, or if they wish for the alternate memorial to be erected instead of, or in addition to the Eternal Flame. PROGRAM IMPACT: Bicentennial Park will be a vital community gathering spot once the downtown has been developed. Consideration should be given to assure that ample open and green space will be available once development occurs. From a park planning perspective, there is concern for the aesthetic impact of having two large focal pieces, with identical symbolism, in the same limited open space. Also, designating a single park for veteran memorials will provide a cohesion location and focus for veteran celebrations, holidays and ceremonies. Placing two large focal memorials in two separate parks would lessen the impact and importance of a unique veteran's memorial venue. FISCAL IMPACT: BUDGET City crp Funding for Eternal Flame Memorial 30,000 City crp Funding for Renovation of Bicentennial Park 125,000 CRA Funding for Renovation of Bicentennial Park 50,000 TOTAL 205,000 COST OF MEMORIAL RELATED ITEMS I Eternal Flame 30,000 I Veteran's Council Memorial -0- Slab for Veterans' Council Memorial 3,000 I Relocation of Memorials from Intracoastal Park 5,000 I Master Plan 24,500 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERN A TIVES: · Continue with the approved Eternal Flame project in Bicentennial Park (Does not affect existing budget). · Replace the Eternal Flame with the Veteran's Council Memorial in Bicentennial Park (Savings of$27,OOO), · Erect both the Eternal Flame and the Veteran's Council Memorial in Bicentennial Park (Requested by Veteran's Council- Add additional maintenance & $3,000 slab to existing budget). · Erect the Eternal Flame in Bicentennial Park and allow the Veteran's Council to erect an additional memorial in different city park (Add additional maintenance, $3,000 slab and undetermined amount for preparing/renovating an additional park), ~j~- DeF'fent Head's Signature \../ ~t~~~~a,",' Assistant to City Manager _____ Department Name City Attorney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C( In.-ANNOUNCEMENTS & PRESENTATIONS Item C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2. 2007 (Noon.) 0 June 19,2007 June 4.2007 (Noon) 0 May 1,2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18.2007 (Noon) 0 May 15,2007 April 30,2007 (Noon) ~ July 17. 2007 July 2. 2007 (Noon) 0 June 5, 2007 May 14.2007 (Noon) 0 August 7, 2007 July 16.2007 (Noon) .,~- '-; ~ I2J AnnouncementslPresentations 0 City Manager's Report c_ - - or; NATURE OF 0 Administrative 0 New Business f",) .::1 AGENDA ITEM 0 .::::> 0 Consent Agenda Legal -..::. 0 :"';.,. 4'.._ 0 Code Compliance & Legal Settlements Unfinished Business '- 0 0 C3 -.' Public Hearing - .-...... :.',:J::, ~ RECOMMENDATION: To accept presentation regarding a veterans' memorial by the BbYnton.f:? Beach Veterans' Advisory Commission. EXPLANATION: Boynton Beach Veterans' Advisory Commission wishes to make a presentation to the City Commission related to a veterans' memorial which the Advisory Commission wants to have placed at Bicentennial Park, or other mutually agreeable City location. PROGRAM IMPACT: Advisory Commission wishes to augment planned City-sponsored veterans' memorial with their own memorial, either as additional or instead of the Eternal Flame Memorial approved by City Commission on June 19,2007. FISCAL IMPACT: (Include Account Number where funds will come from) Veterans' organizations within the City are offering to provide a veterans' memorial at no initial cost to the City. Maintenance costs would be City responsibility. ALTERNATIVES: To incorporate certain aspects of the Advisory Commission's proposed memorial into the City-sponsored memorial; or, to not accept the Veterans' organizations offer for an additional . al. ~ City Manager's Signature Assistant to City Manager -M..L- ent Head's Signature RISK MANAGEMENT (Staff Liaison to Veterans Advisory Commission) Department Name City Attorney / Finance S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~~/l~;~~~/ ~~:4~ Obl. o/::fI:H'::lt:lO ~WLIt"Ili In; F"'1lJIf"1t.....l""11"f I &rwrg SrmJ.h. pJoriJa [I~. ~ }947 ~ Florida Uctwment uid~n , '-IlMB!R iiJ Lake Worth Monument Co., Inc. T//r "',.,,/( 0' CCCLUHCE Proposal The following quote is for a Veteran Monument CODStructed of Robin Blue Granite. Overall length of base i.s 27'4", overall height (excluding flag pole) is 12'2", &nd 4 Robin Blue Granite benches. This price includes fabrication, lettering and installation of the monument and benches. This quote does not include foundations, brick/paver work, electrica~ flag pole or permits. Flag poles cost. anywhere from $500 to $1600. r would recommend a 20' pole, satin finish (to compliment the mon,wnent) with an intema.I halyard system estimated at 51300.00 or a 25' pole with the aforementioned recommendations for $1400.00. The pole will be mounted inside the central stone and therefore must be preordered and will be set at t.lte time oftbe monument installation. r bave 1\lso shown a site plan with a 30' concrete rin.g, 10" wide with pavers set up to the base. Sketches and drawings for the foundation and monUOOCl\t plus a basic site plan will be .fumished upon ordering. $32200.00 120-180 days (-, \ I i"'-, , : 1 ~'I , I I I I - I i L . I I I 1-:. : :-- 1 . l' ~-L ~___J__L __.__.l~J -.'., r' __,1_,_____. ---' --,----,-..-------.,---- -,------- .-----,~..- ,__L--,.- --.----- --- /,,/1 r I 1 "1 ./ / /- I ! i I I , - .. , _r-- --- --------------.. ---- --........,~ ---- c. _____________ ~ ~ f<.rJ-- '"'''' .'...,,~ /"'Y~ '..., ~ (..~? /'''" , ~ioJ---- / '" ~ ',; /' / /,"- ,,~, \ / / ,.a;; "~,,~, \ /<"- ~h "//\\ / ./,/ '; ~@ ", \' . ./,/ / /""', \ / // J / \ ,. // .... / I ./.. / /1 Z: :// '/ ,/ / 'v / I / / I / I /;- JQ., ~Q-. 'V,..... .1) ~J\ , \ \ I I I / I I'~ I · I ---, i r' L .______ --'~J r-- ,- I I , I I I / / ~ ~ ~ \J f''l /..........., ;' / "'/ , -," 1- ,,/ ..."'. ,/ / / / ," // / / - / - , // / ''y'/ ,/ / ,/ -' ,/ ./ ,/ / / .// / ,.- ./' ./ ----- / .- -- .--- ~ --=------ //,sr~\"{Y ':'i'-'.' I ; ~ \~\ ~?; . "":;':0 ,.; ~i, :..'" VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 April 17,2007 April 2, 2007 (Noon,) ~ June 19,2007 0 May I, 2007 April] 6, 2007 (Noon) 0 July 3, 2007 0 May 15,2007 April 30, 2007 (Noon) 0 July 17.2007 0 June 5. 2007 May 14,2007 (Noon) 0 August 7, 2007 Date Final Fonn Must be Turned in to City Clerk's Office June 4. 2007 (Noon) June 18,2007 (Noon) July 2, 2007 (Noon) July 16.2007 (Noon) C) C'">-i -J ~-< --~o ,J ""Tl '-c:J ,., C> -.0 -< :::,::'.= :;po U; -t :::;: ,:'::) S 0. . ;,., ; ~,., W C"') ):> (J1 rTln - RECOMMENDATION: Approve Resolution No. R07-_ authorizing the implementation and build of the Eternal Flame Memorial Public Art project proposed for Bicentennial Park. .;."") NA TURE OF AGENDA ITEM o o ~ o o Administrative o o o o D City Manager's Report New Business - -- :x:- -< N \..D Announcements/Presentations Consent Agenda Code Compliance & Legal Settlements Public Hearing Legal Unfinished Business ~XPLANA nON: The late Vice Mayor, Bob Ensler and the Veterans Advisory Commission initiated The Eternal Flame Memorial Public Art project early 2006. The Arts Commission produced a call to artists for a (RFQ) Request for Qualifications with a deadline of April 19, 2006. On May 15, 2006, a selection panel consisting of two Veterans Advisory Commission members, an Arts Commission member, a Recreation & Parks Supervisor and the late Vice Mayor, Bob Ensler, selected 3 artists to submit proposals. On December 1, 2006, a (RFP) Request for Proposal went to the three artists. By February 15, 2007, two of the three artists presented proposals and a Maquette for their Eternal Flame Public Art Memorial concept to a selection panel. This selection panel consisted of two Veteran Advisory Commission members and the two Arts Commission members. The proposal, presented by James Mastin, was unanimously selected. The Veterans Advisory Commission, Recreation & Parks Board, The Arts Commission and City staff recommends that the Eternal Flame Public Art Memorial should be located at Bicentennial Park. The City will enter into a contract with a landscape architectural firm for the development of a master plan for Bicentennial Park in an amount of$24,995. This plan will include the location of the Eternal Flame, and relocation of the Submariner Memorial and brass plaques from Intracoastal Park to Bicentennial Park, Staff has prepared a contract to engage the Public Artist, James Mastin, to build the Eternal Flame Public Art Memorial project. Once the contract is signed, it will take a minimum of9 months to complete. PROGRAM IMP ACT: The Eternal Flame Public Art Memorial will serve as a "Tribute to Boynton Beach Veterans". This project is the culmination of the joint vision of the late Vice Mayor, Bob Ensler, the Veterans Advisory Commission and the Arts Commission. The placement of this memorial in Bicentennial Park will create a central venue in which to honor the men and women of the Armed Forces that have sacrificed their lives for our great nation. It will also bring a dignified artistry to the downtown Federal Highway corridor. This is the only planned military monument within a designated city park currently in the CIP budget which is recommended by staff and endorsed by all three Advisory Boards. FISCAL IMP ACT: The Eternal Flame Public Art Memorial project cost was budgeted at $35,000.000, There currently is $35,000.000 allocated in crp account # 302-4999-580-63-15 for this project. There is also $100,000 allocated in CIP account '302-4299-580-63-15 CP061 for the master plan and development of the park, ALTERNATIVES: Not to approve implementation and build of the Eternal Flame Public Art Memorial project. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC /r/'1 ,0 = " \l:~. ;.; 'Y' .\'" '~ . -' "..') ""'('Oi"--: -.; CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM DOCUMENTATION ATTACHED: Exhibit A: Request for Proposal. Exhibit B: Artists contract and proposal. Exhibit C: Veterans letter. Exhibit D: Advisory boards minutes. Exhibit E: Veteran's Park and Bicentennial Park aerial images, ~{1::amn~C~ ' City Manager's Signature Assistant to City Manager OwL Department Name City Attorney / Finance S\BULLETIN\FORMS\AGEt-:DA [TEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R07- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, AUTHORIZE THE 7 IMPLEMENTATION AND BUILD OF THE ETERNAL 8 FLAME MEMORIAL PUBLIC ART PROJECT 9 PROPOSED FOR BICENTENNIAL PARK; 10 AUTHORIZING THE EXECUTION OF AN 11 AGREEMENT WITH ARTIST JAMES MASTIN FOR 12 THE CREATION OF THE ETERNAL FLAME 13 SCULPTURE IN THE AMOUNT OF $35,000.00; AND 14 PROVIDING AN EFFECTIVE DATE. 15 16 17 WHEREAS, on December 1, 2006, a Request for Proposal went to three artists; and 18 WHEREAS, two of the three artists presented proposals which were reviewed by a 19 selection panel and the proposal submitted by James Mastin was unanimously selected; and 20 WHEREAS, the City Commission of the City of Boynton Beach, upon 21 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 22 I City of Boynton Beach to approve the Agreement in the amount of $35,000.00 between the 23 City of Boynton Beach and James Mastin for the creation of an Eternal Flame sculpture to be 24 placed in Bicentennial Park. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above IS true and correct and 28 incorporated herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby approve and authorize the execution of the Agreement in the amount of $35,000.00 31 between the City of Boynton Beach and James Mastin for the creation of an Eternal Flame S:\CA\RESO\Agreements\Eternal Flame - Mastin Agmt.doc sculpture to be placed in Bicentennial Park, a copy of said Agreement is attached hereto as :2 Exhibit "A". " -' Section 3. That this Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of May, 2007, ) 6 CITY OF BOYNTON BEACH. FLORID/\ 7 8 9 10 ] ] 12 ] 3 ]4 ] 5 16 Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland 17 18 Commissioner - Mack McCray '" ~~I 221 ATTEST: Commissioner - Carl McKoy 23 24 25 Janet Prainito, City Clerk 26 ..,-, 28 (Corporate Seal) 29 30 S:>.CA\RESOAgreemems\Etema! Flame - Mastin Agm\doc The City 0/ Boynton Beach OFFICE OF THE CITY MANAGER 100 E Boynton Beach Boulevard Po. Box 310 Boynton Beach, Florida 33425-0310 City Managers Office: (561) 742-6010 FAX: (561) 742-6011 e-mai/: lejeunec@c/~boynton-beach.fI.us www.boynton-beach.org To: Mayor Taylor Vice Mayor Rodriguez Commissioner McCray Commissioner McKoy Commissioner Weiland From: Carisse Lejeune, Assistant to the City Manager ~ Date: July 12, 2007 Re: Eternal Flame Public Art Memorial Please find attached to this memorandum the staff recommendation regarding the proposed additional veteran's memorial which appears on the July 17, 2007 City Commission agenda, under item III.C.4. - Presentations. Please let me know if you have any questions or require any additional information. Thank you. Cc: Kurt Bressner, City Manager Jim Cherof, City Attorney City Clerk, Central File The City of Boynton Beach CITY MN~AGERS OFFICE Public Art Administrator 100 E, Boynton Beach Blvd P,O, Box 310 Boynton Beach, FL 33425 phone (561) 742-6026 fax (561) 742-6089 email colesdobayd@cl.boynton-beacr..fl.u:;. www,bovntolJ-beach,org Date: July 12, 2007 To: Kurt Bressner, City Manager cc: Carisse Lejeune, Assistant to the City Manager cc: Wally Majors Recreation and Parks Director cc: Jody Rivers, Parks Superintendent cc: Chuck Magazine, Risk Management From: Debby Coles-Do bay, Public Art Administrator Subject: Discussion regarding Eternal Flame Public Art Memorial At the June 19, 2007 City Commission meeting the Commission approved the implementation and build of the Eternal Flame Memorial Public Art project proposed for Bicentennial Park. The late Vice Mayor Ensler's vision was to produce a unique Eternal Flame Memorial to serve as a "Tribute to the Boynton Beach Veterans." The Arts Commission facilitated the request for an Eternal Flame Memorial on behalf of the Veteran's Advisory Commission, and under the direction of the late Vice Mayor Ensler. On February 15, 2007, two Veteran's Advisory Commission members, Tom Kaiser and Bob Zimmer- man, and two Arts Commission members, unanimously selected James Mastin's Eternal Flame Me- morial. The Recreation & Parks Department has contacted The Land Stewardship Co" one of four landscape firms under contract with the city, to develop a scope of services for the renovation of Bicentennial Park. However, work has not begun on this project due to the recent request by the Veteran's Advi- sory Commission for an additional monument. The Veteran's Advisory Commission will be proposing at the July 17th City Commission meeting that the city install a different memorial either in addition to, or in lieu of, the Eternal Flame monument. The memorial monument being proposed by the Veteran's Advisory Commission is identical to sev- eral monuments already in existence around the country. Staff has accommodated the Veteran's Advisory Commission's request to include six (6) additional plaques (Army, Navy, Marines, Air Force, Merchant Marines and the Coast Guard) into the Eternal Flame project. In addition, the commemorative plaques now located at the Intracoastal Park, and possibly the Submariner monument, are to be included in the Master Plan for the Bicentennial Park, along with the Eternal Flame memorial. To date, the city has spent $500.00 in stipend fees to Beth Ravitz, the other artist that submitted a proposal for this project but was not selected. James Mastin is the artist that created the Eternal Flame. He did not receive a fee for being awarded the project, and we have not paid out any of the project cost to him yet. However, if we do not use his proposed monument submittal, we will need to pay him $500.00 as well (per the RFQ Scope of Work). Total expenditures would then be $1,000.00. In addition to the stipends to the submitting artists, the only other expenditures for this project has been the considerable amount of city staff man hours that have been put into the planning process. Bicentennial Park will be a vital community gathering spot once the downtown has been developed. Consideration should be given to assure that ample open and green space will be available once de- velopment occurs, The installation of a memorial comparable to the Eternal Flame, with a substantial footprint, will decrease the area available for public use. Staff recommends that Bicentennial Park be designated as the official park for veteran memorials. The Arts Commission and the Recreation and Parks Board also concur with this recommendation, This will provide a cohesive location and focus for veteran celebrations and holidays. From a park planning perspective, there is concern for the aesthetic impact of having two large focal pieces, with identical symbolism, in the same limited open space area. Staff recommends the use of a single, unique art piece to provide a lasting image designed as a focal point to generate the pride and perpetual recognition of our service men and women's selfless contri- bution to our freedom and our future. The Eternal Flame Public Art Memorial, a collaborative project, contributes to a positive, progressive City image and compliments the Veteran's Advisory Commis- sion and the late Vice Mayor Bob Ensler'S vision. 2 gr" :..? I> / \ \ L \. J.J.. 0, / (j J- ", ,/ " ~"~ . rON 0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI. - NEW BUSINESS ITEM A. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17,2007 Ju]y 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) 0 August 7,2007 July ]6,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative 0 New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Discussion of City Ordinance No. 00-69, per the request ofa member of the Commission EXPLANATION: At the August 3, 2007 City Commission pre-agenda meeting, a member of the Commission asked that this item be placed on the August 7, 2007 City Commission agenda for discussion. Ord. No. 00-69 amends Article I of Chapter 2 Section 2-13.1 in order to amend the power and duties of the Community Redevelopment Agency herein after ("CRA") and amending Article I of Chapter 2 Section 2-13.2 relating to the CRA to provide that the City Commission shall no longer be the governing body of the CRA and to provide for the Board Members appointment by the City Commission. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/ A AL TERNA TIVES: Not to discuss Ord. No. 00-69. i~ City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE tt:),::/tt:)- ~ 9 2 3 4 ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA AMENDING ARTICLE I OF CHAPTER 2 SECTION 2- 6 13.1 IN ORDER TO AMEND THE POWER AND DUTIES OF THE 7 COMMUNITy REDEVELOPMENT AGENCY HEREINAFTER ("CRA") AND 8 AMENDING ARTICLE I OF CHAPTER 2 SECTION 2-13.2 RELATING TO 9 THE CRA TO PROVIDE THAT THE CITY COMMISSION SHALL NO 10 LONGER BE THE GOVERNING BODY OF THE CRA AND TO PROVIDE 11 FOR THE BOARD MEMBERS APPOINTMENT BY THE CITY 12 COMMISSION; PROVIDING FOR CONFLICT; PROVIDING FOR 13 SEVERABILITY; PROVIDING FOR INCLUSION; PROVIDING FOR 14 EFFECTIVE DATE. 15 16 WHEREAS, the City COmmission desires to remove itself as the governing body of the 17 Community Redevelopment Agency and to instead appoint citizens as the governing body. 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TIIE 19 CITY OF BOYNTON BEACH, FLORIDA: 20 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby 21 ratified and confirmed by the City Commission. 22 Section 2. That Article I, "Administration" of Chapter 2, Sec. 2-13.1. entitled "Redevelopment 23 trust fund; powers of agency, redevelopment. *" is hereby amended to read as follows: 24 25 (t) The community redevelopment agency shall exercise all powers and expend all 26 funds in accordance with the provisions of Chapter 163, Part ill, Florida Statutes and those 27 rovided for in Article IT of Section 1.5 of the Ci 's Land Develo ment Re lations and any 28 community redevelopment plan shall conform with the comprehensive plan of the city, as 29 amended. Further, in development of the community redevelopment plan, the community 30 redevelopment agency shall comply in all aspects with the height limitations imposed by the 31 zoning code of the city, and further such plan shall ensure that the quality of the wetlands and 32 mangroves will not be impaired except in conformity with the comprehensive plan. Page 10f3 ]:\SHRDATA\CA\ORD\CRA\CRA BOUNDARY AMENDMENT(112700)DOC.doc I Section 3. That Article I, "Administration" of Chapter 2, Sec. 2-13.2. is hereby 2 amended to read as follows: 3 Sec. 2-13.2. Governing body of community redevelopment agency. * 4 (a) The City Commission is herOOy shall appoint eEl in accordance with the 5 provisions of Chapter 163.357(1)(c), Florida Statutes. and deelat'ed te be the board of 6 commissioners ftflEJas the governing body of the community redevelopment area. Eff06ave the 7 ~tb day of June, 2000, the goYemillg body of the CO.ffimW1ity Red&'"leloplTItmt l'..gtmey shall bo 8 e-xpanded to inelude tV\'0 (2) additional members, appointed by the City CeflmUssiOB in 9 aoeerdaHee ':.4th the pro',"isioRs of Chapter 163.357(1)(ej, Fleriaa Statutes. The board will be 10 composed of seven (7) members. 11 12 (c) The City Commission ma-yor ana '/iee mayor of the eity 8Fe hereby I designated GS shall select bv malOlity vote the chairman and the vice-chairman, Fe~eeavely, of 13 14 the board of commissioners of the community redevelopment agency. 15 16 Section 4. Conflicting Ordinances. 17 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to 18 the extent of such conflict. 19 Section 5. Severability. 20 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or 21 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect 22 the validity of the remaining portions of this Ordinance. 23 Section 6. Inclusion in Code. 24 It is the intention of the City Commission of the CTIY OF BOYNTON BEACH, Florida, that Page 2 of3 I:\SHRDAT A\CA\ORD\CRA\CRA BOUNDARY AMENDMENT(l12700)DOC.doc 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 the provisions of this Ordinance shall become and be made a part of the CITY OF BOYNTON 2 BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or 3 relettered and the word "ordinance" may be changed to "section," "article," or such other 4 appropriate word or phrase in order to accomplish such intentions. 5 Section 7. Effective Date. 6 This Ordinance shall be effective immediately after adoption by the City Commission. PASSED FIRST READING this L day of ~~ .2000. SECOND AND FINAL READING ADOPTED this L1!. day of~. , 2000. ~ Co oner ~. ommissioner ATfEST: ~;~.~~.~<:. C' Clerk ~\\\"'II" 1111111. #\\\ ~iON lJ III/~ ~" o:{ ......... ~.d ,..~ :so ... RA...... 7. ~ ~ q, .':90 '~.. (') ~ ~I.l...lo~ \~= - 0 .0 ._ ::: IZ :::: = .... :- 0:::: ::r-. ~:.::: -"", I:::: ~ .",. A g ... ~ ~o , .'~~ ~ ........... \.Q ~ ~ O~' ~ ~/1. FL \\\\" "llllfl1l1l 11\\\\\'\ c: .. Page 3 of3 \\CH\MA1N\sHRDATA\CA\ORD\CRA\CRA BOUNDARY AMENDMENT(I 12700)DOC.doc Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 will be evaluated after that. Mayor Broening agreed that the murals are only good if they are done properly. He pointed out that Boynton Beach is searching for its identity and needs to develop an image and would like to see the program given a one-year try. Mayor Broening closed the public hearing. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-67. Mayor Broening passed the gavel and seconded the motion. City Clerk Sue Kruse polled the vote. The vote was two ayes (Mayor Broening and Commissioner Black) and two nays (Vice Mayor Weiland and Commissioner Fisher); therefore, the motion failed. 6. Proposed Ordinance No. 000-68 Re: Amending Land Development Regulations, Chapter 2, Section 11.L. to allow the regulations to be modified to allow gas sales ancillary to a principle use in a PCD, subject to minimum acreage and other site standards Attorney Cherof read Proposed Ordinance No. 000-68 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-68. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 000-69 Re: Amending Article I of Chapter 2, Section 2-13.1 in order to amend the power and duties of the Community Redevelopment Agency and amending Article I of Chapter 2 Section 2-13.2 relating to the CRA to provide that the City Commission shall no longer be the governing body of the Community Redevelopment Agency (CRA) and to provide for the board members' appointment by the City Commission Attorney Cherof read Proposed Ordinance No. 000-69 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-69. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. r- , 2. Proposed Ordinance No. 000-70 Re: Creating Article II of Chapter 1.5 of the Land Development Regulations to provide for 24 gr\., ':.,() It- ;/ '\ I \. f \ tjj\. J:r; 0\ "u J- "''->>// " ~-' --< I.ON '0 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 City Clerk's Office D April 17, 2007 April 2, 2007 (Noon.) D June 19, 2007 June 4, 2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June ]8,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17,2007 Ju]y 2,2007 (Noon) D June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July ]6,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative 0 New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA TION: Discussion of City Resolution No. 07-065, per the request of a member of the Commission. EXPLANATION: At the August 3, 2007 City Commission pre-agenda meeting, a member of the Commission asked that this item be placed on the August 7, 2007 City Commission agenda for discussion. Resolution No. 07-065 declares the City Commission of the City of Boynton Beach the Community Redevelopment Agency pursuant to Section 163.357, Florida Statutes. PROGRAM IMP ACT: N/ A FISCAL IMPACT: N/A AL TERNA TIVES: Not to discuss Resolution No. 07-065. ~~ City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC I I 1 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA DECLARING 5 THE CITY COMMISION OF THE CITY OF BOYNTON 6 BEACH THE COMMUNITY REDEVELOPMENT 7 AGENCY PURSUANT TO SECTION 163.357, FLORIDA 8 STATUTES; PROVIDING FOR AN EFFECTIVE DATE 9 RESOLUTION NO. 07-065 10 WHEREAS, Section 163.357, Florida Statutes authorizes the City Commission to 11 declare, by the adoption of a resolution, itself the community redevelopment agency at any time. 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 13 THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 14 15 being true and correct and are hereby made a specific part of this Resolution upon adoption 16 hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, pursuant to 17 18 Section 163.357, Florida Statutes, hereby declares itself to be the community redevelopment 19 agency ofthe City of Boynton Beach and vests itself immediately with all rights, powers, duties 20 privileges, and immunities vested by law in the community redevelopment agency, subject to all 21 responsibilities and liabilities imposed or current. Section 3. The City Attorney is directed to prepare an ordinance confonning the 22 23 City's Code of Ordinances to properly reflect that the City Commission constitutes the 24 community redevelopment agency. Section 4. This Resolution shall become effective upon adoption. 25 S:\CA \RESO\CRA.doc 1 1 PASSED AND ADOPTED the J!L day of Ju.ne. ,2007. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: 19 20 21 22 23 24 25 26 27 28 29 S:ICA IRESOICRA.doc CITY OF BOYNTON BEACH, FLORIDA _.....~ i ~~ ~----..- /~ -----/ 2 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Don Fenton, 2556 SW 23rd, Cranbrook Drive, and former CRA board member, felt the Commission was showing a tremendous disrespect to the members of the CRA board and questioning their own appointment decisions. He agreed with former Mayor Broening that the actions were a motivated, trumped up power play. Mr. Fenton explained the fiscal responsibility issue returns to the City only if the TIF taxes do not cover the bonds. The City guarantees the bond to get a better rating on the bond and nothing more. Outside financial consultants assess the bond issues. He stressed the greatest growth in the tax base for the City of Boynton Beach is in the CRA area. Wade King, 235 NW 10th Avenue, remarked he had attended many of the Commission meetings and on three occasions attempts were made to disband the CRA board. Vice Mayor Rodriguez had given reasons why the purchase of Ocean Breeze was a bad move. The CRA presented documented evidence that proved it was a good deal. Mr. King agreed with Mr. Sims' assessment that positive actions should be weighed against the negative actions. He felt the motivation was an attempt to get rid of Chair Tillman and promote the Intown Development Plan for HOB. Mr. King advised Intown Development had many contracts for land but had not closed on most of the contracts. Brian Edwards, 629 NE 9th Avenue, spoke supporting the CRA. The accusations are personal. Mr. Edwards could not believe Commissioner Weiland's remarks that this was about replacing the members. He felt the entire ordeal made a mockery of the City of Boynton Beach and totally unnecessary. He agreed that the issues should be openly discussed and resolved. Victor Norfus, 261 N. Palm Drive, reported in his work experience, if expenses were improperly submitted, the entire office was not fired. Individual offenders would be held responsible. The real issue appears to be replacing the members. Mr. Norfus noted the late Vice Mayor Ensler was instrumental in the composition of the CRA board and Commissioner Weiland, from the same District I, was attempting to undo his predecessor's efforts. The progress of the CRA had not been disputed. He suggested the perceived issues should be discussed directly with the board members. Fiscal responsibility could be achieved without disbanding the CRA. Open communication and trust must be re-established. He believed the CRA was doing a wonderful job and fiscal responsibility should be asserted upon the board. Mr. Norfus speculated the Commission was attempting to gain more control prior to upcoming projects being submitted. Herb Suss, Quail Run, commented the CRA had won his respect over the last year and he supported their efforts. He referred to Intown's lack of cooperation in providing the necessary data and demanded their compliance. Mr. Suss felt Commissioner Weiland should not have been involved in any way obtaining records for others. He reminded Vice Mayor Rodriguez he ran unopposed which was definitely not a popularity contest. Commissioner Weiland had been appointed not elected. The suggestion to have the entire board reappointed every two years would be irresponsible and constitute a stacked deck. He questioned why the Commissioners had not attended the CRA meetings to get answers to their concerns. Mr. Suss suggested more professional conduct by the Commission would be appropriate to respect those speaking. He fully supported the professional CRA staff and urged the Commission not to break up the board. 22 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Glenn Jurgenson, Chair of the Chamber of Commerce, expressed the executive board's support of the CRA and would not like to see the pattern of success established by the current CRA change. The burden the Commission would assume would be tremendous. Vivian Brooks, Interim eRA Assistant Director, advised she had been with the CRA for two and a half years. The instability within the agency had come from outside influences. The prior director rarely ordered appraisals for properties before acquisition and based the price on comparable sales. All property is now purchased with qualified appraisals. She felt Commissioner Weiland had impugned her integrity and her job was being constantly threatened. There are several redevelopment plans in existence and the value of property hinges on the adopted redevelopment plan that the Commission adopted. Ms. Brooks shared a conversation she and another employee, Mike Simons, had with Mr. Reardon over lunch. She contended Mr. Reardon revealed he was the mole providing information to Vice Mayor Rodriguez about the CRA. Mr. Reardon also confidently indicated he would get his job back and which employees would continue to have their jobs. She contended the only thing that was prohibiting further success of the CRA was the lack of political will. The monies of the CRA are trust funds which must be re-invested in the community and not banked. Ms. Brooks advised she had spoken with Sharyn Goebelt regarding a harassment complaint relating to her job security. She thought it was ironic the recent issues arose just as three viably financial proposals were received for the Ocean Breeze project. A response was not forthcoming from Intown and the CRA is again under scrutiny. Lynn Simmons, 652 South Road, and a business on Casa Loma Boulevard included in the CRA district, spoke in support of the CRA and particularly Ms. Bright. Ms. Simmons had a lease with the CRA and had difficulty obtaining the lease due to a personal vendetta by Mr. Reardon against her. He gave Ms. Bright erroneous information on her lease price that was presented to the board and cost both sides thousands of dollars in legal fees. Ms. Simmons ultimately won the dispute. Mr. Reardon had threatened her over six times with eviction for no cause. A plumbing problem resulted in further damage that Mr. Reardon refused to correct in spite of specific direction by Ms. Bright to fix the problem. Ms. Simmons accused Mr. Reardon of devious conduct. Robert Banting, Appraiser, introduced himself to the Commission. He reviewed his background as a life long resident of the area and mostly in Boynton Beach, along with his educational and work experience spanning 35 years. His firm is the largest and oldest commercial appraisal firm in the market. Mr. Banting emphasized the appraisals for the CRA were done in a completely unbiased and objective manner. The CRA never influenced his decisions and all appraisals were done in conformity with appraisal standards. Disagreements over property values are not uncommon and comparisons cannot be made between commercial and residential properties. He agreed the new CRA office location would create an anchor or genesis of a cultural art and historic district. He urged the Commission to review the appraisals done by his firm, as they take pride in doing appraisals that can stand on their own. Vice Mayor Rodriguez inquired about the relationship between Mr. Banting's firm and the CRA. Mr. Batting indicated the relationship had been ongoing for approximately 20 years; however, other firms had been used also. 23 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 John McGovern, 2620 Spiceberry Lane, Quail Run, researched previous CRA minutes and could not support the board at this time. He noted the last 20 minutes of the last meeting were unacceptable. Upon the Mayor's exit from the meeting, several members of the board began denigrating the Commission. Mr. McGovern felt a change in the present CRA board is needed or at the very least a call to accountability from the Commission to the CRA. It is time to start over and restructure the board. Governance and judicious use of limited resources and proper communication without denigration in a public forum is unacceptable. Lee Wische, 1302 SW 18th Street, recommended the Commission retain the status quo. In his view, the CRA had been individually and collectively outstanding. He noted the Commission had not resolved the Intown issue as promised either. The CRA wanted to get rid of Intown a long time ago. Mr. Wische had also requested documentation from Intown and had not received it to date. Mr. Wische speculated the action was a power grab to manipulate the composition of the new board. Commissioner Weiland totally disagreed. Lisa Bright, eRA Director, expressed her frustration with the constant harassment she has endured over the last two years and being under fire for everything she does. She explained she is a single mother of a child with diabetes and she has to take every possible opportunity to discuss issues with the board members, even if it is at a bar. She resented the accusations and slur on her Master's degree and previous work history. Ms. Bright felt confident working with the current board and was offended by Vice Mayor Rodriguez's reference to instability that appeared in the newspaper. A process exists to deal with such issues immediately, including regular audits. Ms. Bright was proud of the programs and initiatives she had achieved. Undoubtedly things could be improved. She felt she had a good relationship with the current board and worked as a team. She considered her staff exemplary and wanted to continue to implement the Downtown Master Plan. Vice Mayor Rodriguez questioned if team work and better communication was the basis of the directive that she could not meet with the Commissioners individually once a month. Ms. Bright admitted the memo was directed to Vice Mayor Rodriguez because he had made a directive to her to implement for a board she did not report to directly. She admitted to feeling hostility from Vice Mayor Rodriguez because he had made her and her staff an agenda item. Vice Mayor Rodriguez reiterated it had nothing to do with the CRA staff, only the board and it was unfortunate she exposed her staff to the hostile environment. Ms. Bright contended the Commission exhibited lack of faith in her abilities when it took away the MLK project in the HOB. Mayor Taylor reassured Ms. Bright her job was not the issue and never had been. Bellsheba Edden, 1208 HE 2nd Street, complimented both the Commission on their conduct and the current CRA board for their efforts. She expressed her religious beliefs on judging one another. George Homrich, 2706 W 8th Street, indicated he builds and sells spec houses on a small budget. He had worked with several eRA organizations and appraisers. Although the purchase prices for various properties may seem outlandish, the increase in the tax base makes the price well worth it. 24 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 A resident of 625 Castle Boulevard, worked in the real estate business and advised it was much easier to attract developers to the Heart of Boynton Beach than it had been with the previous CRA staff. The current staff works much better with the board members. He contended disbanding the CRA board would alienate developers from Boynton Beach. Mayor Taylor speculated he would be the swing vote on the issue after listening to all sides of the issue. He had arrived with an open mind and listened very carefully to everyone's remarks. Mayor Taylor indicated the entire discussion related to leadership provided by the CRA board. Every member is a professional in some respect and brings that expertise to the board. Their efforts have been admirable. Staff reacts to the leadership of the board. Mayor Taylor commended the CRA staff and their credentials. His experience with Ms. Bright had earned his respect for her thoughtfulness, decisiveness and expertise. He totally supported her and the staff. All other staffing decisions rest solely within her control. There were tremendous positives that could be attributed to the board according to Mayor Taylor. Some decisions though were highly questionable, especially considering the monies that were paid. Mayor Taylor was concerned with property owners who indicated they would only sell their properties to the CRA rather than the buyer with the best price. Unfortunately the perception is the CRA would give the highest price if the seller was willing to hold out longer. Even board members have reported hearing the same comments. The result is the values have increased drastically. Mayor Taylor was personally offended by the remarks that investigation into his background would uncover dirt or any reference to kickbacks. He announced his financial records are open for any review by anybody; he had gained nothing. His second concern was the animosity from both sides. It amounted to a fractured relationship that would not improve. As Mayor, it was his responsibility to present the City in the best pOSSible light to the development community. In a leadership role, there is a responsibility to be accountable for the decisions made. After careful consideration, Mayor Taylor determined the board should be abolished and the role given back to the City Commission. Motion Commissioner Weiland moved to approve Item XLA. dissolving the CRA board and transferring the authority and responsibility from the CRA board to the City Commission. Vice Mayor Rodriguez seconded the motion. The motion passed 3-2. (Commissioners McCray and McKoy dissenting) B. Discussion of water surcharge on businesses in the City Kofi Boateng, Director of Utilities, advised the City Code required mandatory surcharges during declared water emergency restrictions to use over 10,000 gallons whether it is a residence or business account. The imposition of the surcharge was instituted after a declaration water shortage by the South Florida Water Management Board. 25 Statutes & Constitution :View Statutes: flsenate.goy Page 1 of 1 Select Year: 2007 ~ The 2007 Florida Statutes Title XI ChapterJ63 COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL RELATIONS PROGRAMS 163.357 Governing body as the community redevelopment agency.-- YiewEntire Chapter (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. 163,355, 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. Disclaimer; The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright <02000-2006 State of Florida. http://www .flsenate .gOY 1 statutes/index.cfm ?p=2&mode= View%20Statutes&S ubMenu= 1 &... 8/3/2007 Igr...\.T ':_9 "", f \ ) L,.. \,,'.,l " } .4, 0\. /0 J- ""'''' .~,/j' \"" k-<.C . ON \-? 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 D April 17, 2007 April 2, 2007 (Noon.) D June] 9,2007 June 4, 2007 (Noon) D May 1, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17,2007 Ju]y 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July ]6,2007 (Noon) D Announcements/Presentations D City Manager's Report NA TURE OF D Administrative 0 New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA TION: Discussion of City Resolution No. 03-164, per the request 018 member of the Commission. EXPLANATION: At the August 3, 2007 City Commission pre-agenda meeting, a member of the Commission asked that this item be placed on the August 7, 2007 City Commission agenda for discussion. Resolution No. 03-164 establishes core values and minimum standards of conduct for public officers of the City. This resolution failed on September 16,2003, as reflected in the attached minutes excerpt. PROGRAM IMP ACT: N/ A FISCAL IMP ACT: N/ A ALTERNATIVES: Not to discuss Resolution No. 03-164. ~ City Manager's Signature Assistant to City Manager Ch1L Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ~ ,,0',' . ,\I ex ~ RESOLUTION NO. 03- (eoL\- AN RESOLUTION OF THE CITY OF BOYNT. BEACH, FLORIDA, ESTABLISHING CORE V UES AND MINIMUM STANDARDS OF CONDUC FOR PUBLIC OFFICERS OF THE CITY; PRO ING FOR AN EFFECTIVE DATE. WHEREAS, although Chapter 112.311, et eq., Florida Statutes the Code of Ethics for public officers and employees, was nacted to ensure that the public be rotected from conflicts of interest and unethic conduct by elected and appointed public fficers, the City Commission has determine that local guidelines should be established o ensure confidence in the integrity of C' government and the City's public officers; and WHEREAS, the City Co lssion of the City of Boynton Beach, Florida, desires o establish core values and m' ImUIll standards by which the City's public officers should be guided in the perfo ce of their designated duties; and WHEREAS, the . y of Boynton Beach core values and standards of conduct are intended to apply to the fficial and day-to-day conduct of elected and appointed public officials of the City 0 oynton Beach; and WHERE S, these core values and standards of conduct will serve as a valuable reference guid or all those in whom the public has placed its trust; and W REAS, the City Commission of the City of Boynton Beach has determined that thes core values and standards of conduct are in the best interests of the citizens of the Cit of Boynton Beach, and will assist in ensuring that the City's elected and appoi ted officials have basic standards established by which to guide their conduct; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of oynton Beach, Florida, as follows: 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 hereby establishes the following core values and standards of conduct for all elected and appointed officers of the City: Core Values and Standards of conduct. The term "public officer" means any person elected to the City Commission or any person appointed to any City board. 1 C:\Documents and Settings\lamannar.CITY\Local Settings\Temporary Internet FiIes\OLKI20\Code of Ethics-BBKB.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ,/ In furtherance of the public trust assumed by public officers.of the City upon their election or appointment to public office or employme ,the following standards of conduct shall be applicable to public officers of the ity: (a) Core Values. Each public officer shal pledge his or her commitment to the following core values of the City f Boynton Beach, as follows: (1) Diversity - A public officer will use e strengths that come from our differences as we work toward e completion of our goals. (2) Integrity - A public officer wi aemonstrate consistency in action and words grounded in ethic conduct. Having the courage to do the right thing and be will' g to be held accountable for our decisions. (3) Stewardship - A pu ic officer will practice responsible management of lie and natural resources entrusted to our care. (4) ublic officer will encourage the use of imagination ideas and find improvements. (b) Standar of Conduct. Each public officer shall pledge his or her commitment to the fo owing standards of conduct of the City of Boynton Beach, as follows: (1) L adership by example. A public officer will display leadership y: Subscribing to the City of Boynton Beach standards of conduct for Public Officers; and B. Promoting a sense of community, community values, and community spirit and by embracing diversity within the community, while focusing 0 n the importance and values of family; and C. Practicing a "can do" attitude rather than an attitude of negativity; and D. Developing vision or focus on the future, and supporting the achievement of vision; and E. Being responsive; and F. Recognizing and fostering leadership throughout the City government and the residential and business communities ofthe City; and G. Balancing statesmanship and political and professional goals; and 2 C:\Documents and Settings\lamannar.CITY\Local Settings\Temporary Internet FiIes\OLKI20\Code of Ethics-BBKB.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (2) (3) H. /,"/ g towards the Maintaining a positive image, while wor best interests of the City and its citizens. Empowerment (mindset/orientation) attitud . A public officer will display an empowerment attitude by: A. Encouraging citizens to be a ve, responsible and informed partners in City gove nt that function with public officers of the City to ac eve a shared vision; and B. Empowering City ad nistration to continuously improve the quality of an the services provided by City government; and C. Encouraging entr preneurship by governing the City as a successful, ethi I business model; and D. Maximizing rvices while minimizing tax burdens on citizens. Customer focus nd involvement (volunteerism/action). A public officer will ncourage and promote customer focus and involvement y: A. E couraging cItIzens and residents to be involved in overnment and bridging the gap between City government and community; and Promoting specific avenues by which citizen input is gathered and information is disseminated by the City; and Encouraging citizen involvement in decision-making; and Supporting data-based decision-making. Continuous improvement. A public officer will work towards continuous improvement through: A. Self-improvement through education, personal growth, and personal learning; and B. Supporting process improvement in City systems and key process improvements through knowledge-based decision- making; and C. Supporting and encouraging personal weUness and professional development throughout City government; and D. Supporting innovation through technology; and E. Promoting effective use 0 f customer feedback to improve quality of government and the providing of government servIces. 3 C:\Documents and Settings\lamannar.CITY\Local Settings\Temporary Internet Fi]es\OLKI20\Code of Ethics-BBKB.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 SECTION 3. This Resolution shall become effective immedia y upon its passage and adoption. PASSED AND ADOPTED THIS ~ day of September ON BEACH, FLORIDA Commissioner Commissioner Commissioner TTEST: City Clerk 4 C:\Documents and Settings\lamannar.CITY\Local Settings\Temporary Internet Files\OLKI20\Code of Ethics-BBKB.doc / '" '" ;.. Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida SeDtember16.2003 1. Proposed Resolution No. R03-164 Re: Establishing minimum standards of conduct for public officers of the City City Attorney Cherof read Proposed Resolution No. R03-164 by title only. Vice Mayor Ferguson felt that this proposed resolution was superfluous. Commissioner Weiland agreed. Motion Commissioner McKoy moved to approve Proposed Resolution No. R03-164. Commissioner McCray seconded the motion that failed 2 to 3 with Mayor Broening, Vice Mayor Ferguson and Commissioner Weiland dissenting. D. Other: None XIII. UNFINISHED BUSINESS: None XIV. 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'HJV3.9 NO.1.\1,\09 3.0 .UD 3.H.1 3.0 NOISSU\ll\lOJ A1.D 3.H.1 3.0 3:)NVN.Ia1l0 N.Y -to '0\1 3JNV~W1l.0 7~ ~~ J\: ,),-- ;: ~- >c t: :l ;-1 .1 Section 3, Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 4 such decision shall not affect the remainder of this ordinance, 2 5 Section 4. Authority is hereby granted to codify said ordinance, This ordinance shall become effective immediately upon passage, 6 Section 5, 7 FIRST READING this day of ,2007, 8 SECOND, FINAL READING AND PASSAGE this_ day of 9 2007, ]0 CITY OF BOYNTON BEACH. FLORIDA ]] ]2 13 14 15 16 17 18 ]9 20 2] Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray 22 "^ --' 24 25 26 ATTEST: 27 28 29 30 Janet Prainito, City Clerk 31 Commissioner - Carl McKoy ^" -'- 33 34 (Corporate Seal) 35 Page 2 XII, - LEGAL - 2nd Reading Non-Development ITEM 8,2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meetmg Dates o April 17,2007 o May 1,2007 o May 15, 2007 o June 5, 2007 April 2, 2007 (Noon.) 0 June 19, 2007 April 16, 2007 (Noon) 0 July 3, 2007 April 30, 2007 (Noon) ~ July 17,2007 //d eL~ May] 4,2007 (Noon) I}(I August 7, 2007 ;Lu/~~, o Announcements/Presentations 0 o Administrative 0 o Consent Agenda ~ o Code Compliance & Legal Settlements 0 o Public Hearing 0 NA TURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office June 4,2007 (Noon) June 18,2007 (Noon) July 2, 2007 (Noon) July 16,2007 (Noon) City Manager's Report New Business Legal Unfinished Business '-' RECOMMENDA TlON: Modify the current City code to eliminate the surcharges on potable water rates during water shortage emetgencies. EXPLANATION: Currently, section 26-42(b) of the City's code mandates the imposition of surcharges for potable 'water use exceeding 9,000 gallons per month, whenever the South Florida Water Management District declares a water shortage emergency. The intent of the new ordinance (07- ~ is to eliminate those surcharges, effective immediately. PROGRAM IMPACT: The surcharges promote water conservation. Elimination of the surcharges will remove any additional incentive to conserve water during water shortage emergencies. FISCAL IMP ACT: Water sales revenues during emergency conditions will decrease as a result of eliminating the surcharge. ALTERNATIVES: 1. Do not rescind the surcharge 2. Modify th code to grant the City Commission the option of imposing a "- emerge cy. ) " \~r . . I ~:,.. ~S2; , Department Head's Signature rcharge during a water shortage City Manager's Signature Assistant to City Manager ~J UTILITIES Department Name City Attorney I Finance XC: Peter Mazzella (w/copy of attachment) City Attorney Finance File S\BULLET!N\FORMS\AGENDA ITEM REQUEST FORM DOC 2 ~ -' 4 5 6 ~ S 9 10 11 12 13 14 15 16 17 18 19 20 , I 21 I 22 23 24 25 26 27 28 29 30 31 ~1 -'- ~~ , , ORDINANCE NO. 07- AN ORDIN~~~CE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH~ FLORIDA AMENDING CHAPTER 26~WATER~ SE'VERS AND CITY UTILITIES~ AMENDING SECTIO:\' 26-42~ DELETING PARAGRAPH (B) RELATING TO THE SURCHARGE FOR POTABLE 'VATER DURING THE DECLAR4.TION OF A 'VATER SHORTAGE OR 'VATER SHORTAGE EMERGENCY; AND PROVIDING FOR CONFLICTS~ SEVER4.BILITY~ CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to delete Chapter 26, Article III, Section 26-42(b), thereby rescinding the paragraph establishing a surcharge for potable \\'ater during the declaration of a water shortage or water sh011age emergency; NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH~ FLORIDA~ THAT: Section 1. Each Whereas clause set forth above IS true and correct and incorporated herein by this reference. Section 2, That Chapter 26, i\rticle III. Section 26-42, entitled Declaration of water shortage; water shortage emergency, is hereby amended in part by deleting paragraph (b) as follows: Sec. 26-42 Declaration of water shortage; water shortage emergency; surcharge. ill The declaration of a water shortage or water shortage emergency within all or any part of the City of Boynton Beach by the governing board or the executive director of the district shall invoke the provisions of this article, Lpon such declaration, all water use restrictions or other measures adopted by the district applicable to the City of Boynton Beach, or any portion thereof. shall be subject to enforcement action pursuant to this article, Any violations of the ~'"..'A"'___"'"l'I\""~'""_""A,,,,*."~"i.""',,,,,,,,,,;, 1 2 3 4 provisions of Chapter 40E-21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation of this article, 5 (b) Upon the declaration of a ,vater shortage or "vater ohortage emergency as described in ea) abo':e, a surcharge shall be added to the charge for potable water on all customers using more than 9,000 gallons per month, Charges shall be applicable during the first billin; cJde following the declaruti on, and shall remain in effect until the declaration is lifted, as fo11o-v:s: 6 7 8 9 10 11 12 \Vater Shortage Phase I II III IV Percent Surcharge /\pplicd 15% 30~~ 15% 60~~ 13 14 15 16 Section 3, Each and every other provision of Chapter 26, not herein specifically 17 amended shall remain in full force and effect as previously enacted, 18 Section 4, All ordinances or parts of ordinances in conflict herewith be and the 19 same are hereby repealed, 20 Section 5. Should any section or provision of this ordinance or portion hereof, 21 any paragraph, sentence or word be declared by a court of competent jurisdiction to be 22 invalid, such decision shall not affect the remainder of this ordinance, 23 24 Section 6, Authority is hereby granted to codify said ordinance, Section 7, This ordinance shall become effective immediately upon its passage 25 and adoption, 26 {REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLAJ\"K} 27 2 FIRST READING this _ day of ,2007, 2 4 SECONDI FINAL READING AND .2007, PASSAGE this da\ of .:; CITY OF BOYNTON BEACH. FLORIDA 6 "7 I 8 9 10 11 12 Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez 13 14 15 Commissioner - Ronald Weiland 16 17 18 19 !. 20 21 22 Commissioner - Mack McCray Commissioner - Carl McKoy j1. I...A.TTEST: 24 25 26 1, 27 Janet M, Prainito, CMC 28 City Clerk 29 30 31 ~7 -~~ (CORPOR.:'\,TE SEAL) 33 34 :;